Explanatory Memorandum to COM(2013)39 - Submitting 4-methylamphetamine to control measures

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dossier COM(2013)39 - Submitting 4-methylamphetamine to control measures.
source COM(2013)39 EN
date 31-01-2013
The Council Decision 2005/387/JHA[1] on the information exchange, risk-assessment and control of new psychoactive substances provides for a three-step procedure that may lead to submission of a new psychoactive substance to control measures in the Union.

On 24 September 2012 and pursuant to Article 6 of the above-mentioned Council Decision, the Council formally requested a risk assessment on the psychoactive substance 4-methylamphetamine, to be carried out by the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

The main results of the risk assessment are the following:

4-methylamphetamine is a synthetic ring-methylated derivative of the controlled substance amphetamine which provokes physical effects that can be compared to those produced by other stimulant substances such as amphetamine.

Acute health problems and adverse effects related to the use of 4-methylamphetamine can occur and have been documented. The patterns of use appear to follow those associated with amphetamine.

Between 2010 and 2012, 21 fatalities in four Member States have been reported where 4-methylamphetamine alone or in combination with other substances has been detected in post-mortem samples. In some cases 4-methylamphetamine was the predominant drug detected.

4-methylamphetamine has no known, established or acknowledged medical value or use. However, it is used as an analytical reference standard and in scientific research.

Pursuant to Article 8(1) of the Council Decision, within six weeks from the date on which it receives the Risk Assessment Report, the Commission shall either present to the Council an initiative to have the new psychoactive substance subjected to control measures, or shall present a report justifying why it deems it not necessary to present such an initiative.

Although the scientific evidence concerning the overall risks and patterns of use of 4-methylamphetamine is still limited at this stage, there are grounds for subjecting the substance to control across the Union. The main reason is that, according to the available information from the Risk Assessment Report, the substance poses risks to health, as highlighted above. These risks are heightened by the fact that 4-methylamphetamine is often sold as amphetamine or in combination with amphetamine or other substances, and that most users are unaware that they are consuming this specific substance.

Furthermore, taking into account that organised crime appears to be involved in the manufacture, trafficking and supply of 4-methylamphetamine and given the similarity of this substance with amphetamine, the possibility that 4-methylamphetamine develops as an alternative to amphetamine further justifies subjecting the substance to control measures.

The objective of this proposal for a Council Decision is to call upon Member States to submit 4-methylamphetamine to control measures and criminal penalties as provided under their legislation by virtue of their obligations under the 1971 United Nations Convention on Psychotropic Substances.