BAKGRUNN (fra kommisjonsforordningen)

(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 several harmonised control and monitoring measures provided for by those Regulations.
(2) National competent authorities have reported the seizure of the sodium salt of Isopropylidene (2-(3,4-methylenedioxyphenyl)acetyl)malonate (IMDPAM) in the context of illicit manufacture of narcotic drugs.
(3) IMDPAM is used to produce 3,4-Methylenedioxyphenylpropan-2-one, which, in turn, is a precursor of 3,4-methylenedioxymethamphetamine (MDMA), commonly known as ‘ecstasy’.
(4) MDMA is one of the most common drugs illicitly produced in the Union. It is known to pose significant risks to human health.
(5) Therefore, IMDPAM should be included in the list of scheduled substances at Union level to reinforce its control and monitoring.
(6) In addition, seven esters of 2-methyl-3-phenyloxirane-2-carboxylic acid (BMK glycidic acid) and six esters of 3-(1,3-benzodioxol-5-yl)-2-methyl-oxirane-2-carboxylic acid (PMK glycidic acid)) have been identified as possible substitutes of BMK glycidic acid and PMK glycidic acid in the illicit production of drugs. Those esters can be easily designed to avoid the control and monitoring measures applicable to BMK glycidic acid and PMK glycidic acid, Category 1 scheduled substances. They are also easily convertible into the two scheduled substances. To ensure their control and monitoring, the respective esters should also be added to the list of scheduled substances in Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005.
(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) IMDPAM and the identified esters of BMK glycidic acid and PMK glycidic acid pose a significant social and public health threat in the Union. They have no known licit production, trade, or use, except for research purposes. Therefore, including these substances in Category 1 of Annex I to Regulation (EC) No 273/2004 and in Category 1 of the Annex to Regulation (EC) No 111/2005 would be an adequate response to prevent their use in the illicit manufacture of narcotic drugs whilst, at the same time, not entailing 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) Commission Implementing Regulation (EU) 2020/1577 reclassified red phosphorus in the Combined Nomenclature (‘CN’). The CN codes in Regulations (EC) No 273/2004 and (EC) No 111/2005 should therefore be amended accordingly.
(11) 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. 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,