Date: 2022-09-13Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2022/1518 of 29 March 2022 amending Regulation (EC) No 273/2004 of the European Parliament and of the Council and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug precursors in the list of scheduled substances (Text with EEA relevance)
Executive Summary:
This Commission Delegated Regulation (EU) 2022/1518 amends Regulations EC No 273/2004 and EC No 111/2005 to include ethyl alpha-phenylacetoacetate (EAPA) and methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate (MAMDPA) in the list of scheduled substances. These substances are added to Category 1 of drug precursors due to their use in the illicit manufacture of amphetamine, methamphetamine, and MDMA. The regulation entered into force on the twentieth day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Purpose:** To reinforce the control and monitoring of EAPA and MAMDPA at the Union level to prevent their use in the illicit manufacture of narcotic drugs.
* **Amendment of Regulations:**
* Regulation EC No 273/2004 is amended to include EAPA and MAMDPA in Category 1 of Annex I.
* Regulation EC No 111/2005 is amended to include EAPA and MAMDPA in Category 1 of the Annex.
* **Substances Included:**
* Ethyl alpha-phenylacetoacetate (EAPA) with CAS No 5413-05-8 and CN code Ex 2918 30 00.
* Methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate (MAMDPA) with CAS No 1369021-80-6 and CN code Ex 2932 99 00.
Impact Analysis:
Economic Operators:
* Impact: Stricter controls and monitoring measures will apply to the trade of EAPA and MAMDPA. This may entail new administrative burdens related to licensing, registration, and reporting.
* Action Required: Economic operators dealing with EAPA and MAMDPA must comply with Category 1 regulations, including obtaining licenses and adhering to stricter monitoring requirements.
National Competent Authorities:
* Impact: Increased responsibility for monitoring and controlling EAPA and MAMDPA within the Union and in trade with third countries.
* Action Required: Implement the necessary measures to monitor and control EAPA and MAMDPA, including updating monitoring systems and enforcing stricter regulations.
European Commission:
* Impact: Responsible for ensuring the effective implementation of the amended regulations across all Member States.
* Action Required: Monitor the implementation of the regulation and address any issues that may arise.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation EC No 273/2004: A European Parliament and Council regulation laying down measures for the monitoring of trade in drug precursors within the Union.
Regulation EC No 111/2005: A Council regulation laying down rules for the monitoring of trade between the Union and third countries in drug precursors.
EAPA: ethyl alphaphenylacetoacetate, a substance used to produce 1-Phenyl-2-propanone (P2P), also known as benzyl methyl ketone (BMK).
MAMDPA: methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate, a substance used to produce 3,4-Methylenedioxyphenylpropan-2-one (PMK).
MDMA: 3,4-methylenedioxymethamphetamine, commonly known as ecstasy, an illicit drug.
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances: An international treaty against drug trafficking
13.9.2022 EN Official Journal of the European Union L 236/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) 2022/1518
of 29 March 2022
amending Regulation (EC) No 273/2004 of the European Parliament and of the Council and Council
Regulation (EC) No 111/2005 as regards the inclusion of certain drug precursors in the list of
scheduled substances
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004on
drug precursors(1), and in particular Article 15 thereof,
Having regard to Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of
trade between the Union and third countries in drug precursors(2), and in particular Article 30a thereof,
Whereas:
(1) Regulation (EC) No 273/2004 lays down measures for monitoring trade in drug precursors within the Union, while
Regulation (EC) No 111/2005 governs trade in drug precursors between the Union and third countries. Annex I to
Regulation (EC) No 273/2004 and the Annex to Regulation (EC) No 111/2005 each contain a list of scheduled
substances, which are subject to a number of harmonised control and monitoring measures provided for by those
Regulations.
(2) National competent authorities have reported the seizure of ethyl alpha-phenylacetoacetate (EAPA) and methyl
3-oxo-2-(3,4-methylenedioxyphenyl)butanoate (MAMDPA) in the context of illicit manufacture of narcotic drugs.
(3) EAPA is used to produce 1-Phenyl-2-propanone (P-2-P), also known as benzyl methyl ketone (BMK). BMK is a
precursor of amphetamine and methamphetamine.
(4) MAMDPA is used to produce 3,4-Methylenedioxyphenylpropan-2-one (PMK), which, in turn, is a precursor of
3,4-methylenedioxymethamphetamine (MDMA), commonly known as ‘ecstasy’.
(5) Amphetamine, methamphetamine and MDMA are some of the most common drugs illicitly produced in the Union.
They have severe consequences for human health and are causing serious social and public health problems in some
regions of the Union.
(6) Therefore, EAPA and MAMDPA should be scheduled at Union level to reinforce their control and monitoring.
(1) OJ L 47, 18.2.2004, p. 1.
(2) OJ L 22, 26.1.2005, p. 1.L 236/2 EN Official Journal of the European Union 13.9.2022
(7) The scheduled substances listed in Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC)
No 111/2005 are divided into categories for which different measures apply, so as to achieve a proportionate
balance between the level of threat posed by each specific substance and the burden on licit trade. The strictest
control and monitoring measures apply to substances of Category 1.
(8) EAPA and MAMDPA, as precursors to amphetamine, methamphetamine and MDMA, pose significant social and
public health threats in the Union. They have no known licit production, trade or use, except for research purposes.
Therefore, including them in Category 1 in Annex I to Regulation (EC) No 273/2004 and in Category 1 in the Annex
to Regulation (EC) No 111/2005 would be an adequate response to avoid their use in the illicit manufacture of
narcotic drugs and, at the same time, would not entail any significant extra administrative burden for economic
operators and competent authorities in the Union.
(9) Regulations (EC) No 273/2004 and (EC) No 111/2005 should therefore be amended accordingly.
(10) Regulations (EC) No 273/2004 and (EC) No 111/2005 jointly implement certain provisions of the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December
1988 and approved by Council Decision 90/611/EEC(3). In view of the close substantive link between the
empowerments contained in those Regulations, it is appropriate to adopt the amendments by way of one single
delegated act,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 273/2004
Annex I to Regulation (EC) No 273/2004 is amended in accordance with Annex I to this Regulation.
Article 2
Amendments to Regulation (EC) No 111/2005
The Annex to Regulation (EC) No 111/2005 is amended in accordance with Annex II to this Regulation.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 March 2022.
For the Commission
The President
Ursula VON DER LEYEN
(3) Council Decision 90/611/EEC of 22 October 1990 concerning the conclusion, on behalf of the European Economic Community, of
the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (OJ L 326, 24.11.1990, p. 56).13.9.2022 EN Official Journal of the European Union L 236/3
ANNEX I
In Regulation (EC) No 273/2004, in Annex I, in the table for Category 1, the following entries are inserted in the list of
substances in the appropriate place sequentially according to the CN Code:
Substance CN designation (if different) CN Code CAS No
‘ethyl alpha-phenylacetoacetate Ex 2918 30 00 5413-05-8
(EAPA)(*)
methyl 3-oxo- methyl 3-oxo- Ex 2932 99 00 1369021-80-6
2-(3,4-methylenedioxyphenyl)butanoate 2-(3,4-methylenedioxyphenyl)
(MAMDPA)(**) butanoate
(*) also known as ethyl 3-oxo-2-phenylbutanoate, according to IUPAC (The International Union of Pure and Applied Chemistry).
(**) also known as methyl 2-(2H-1,3-benzodioxol-5-yl)-3-oxobutanoate, according to IUPAC.’.L 236/4 EN Official Journal of the European Union 13.9.2022
ANNEX II
In Regulation (EC) No 111/2005, in the Annex, in the table for Category 1, the following entries are inserted in the list of
substances in the appropriate place sequentially according to the CN Code:
Substance CN designation (if different) CN Code CAS No
‘ethyl alpha-phenylacetoacetate Ex 2918 30 00 5413-05-8
(EAPA)(*)
methyl 3-oxo- methyl 3-oxo- Ex 2932 99 00 1369021-80-6
2-(3,4-methylenedioxyphenyl)butanoate 2-(3,4-methylenedioxyphenyl)
(MAMDPA)(**) butanoate
(*) also known as ethyl 3-oxo-2-phenylbutanoate, according to IUPAC (The International Union of Pure and Applied Chemistry).
(**) also known as methyl 2-(2H-1,3-benzodioxol-5-yl)-3-oxobutanoate, according to IUPAC.’.