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Council Regulation (EC) No 111/2005 CHAPTER III — POWERS OF COMPETENT AUTHORITIES

Article 26 · 1 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 26

1.   Without prejudice to the provisions of Articles 11 to 25 and of paragraphs 2 and 3 of this Article, the competent authorities of each Member State shall prohibit the introduction of scheduled substances into the Community customs territory or their departure from it, if there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances. 2.   The competent authorities shall detain or suspend release of the scheduled substances for the time necessary to verify the identification of the scheduled substances or compliance with the rules of this Regulation. 3.   Each Member State shall adopt the measures necessary to enable the competent authorities, in particular: (a) to obtain information on any orders for or operations involving scheduled substances; (b) to enter operators’ business premises in order to obtain evidence of irregularities; (c) to establish that a diversion or attempted diversion of scheduled substances has taken place. 4.   For the purpose of preventing specific risks of diversion in free zones as well as in other sensitive areas such as customs warehouses, Member States shall ensure that effective controls are applied to operations carried out in these areas at every stage of these operations, and that the controls are no less stringent than those applied in the other parts of the customs territory. 5.   The competent authorities may require the operators to pay a fee for the issuing of licences, registrations and authorisations. Such fees shall be levied in a non-discriminatory way and shall not exceed the approximate cost of processing the application.

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