(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 a number of harmonised control and monitoring measures provided for by those Regulations. 

(2) National competent authorities indicated an increase in seizures of the following nine non-scheduled substances: (i) 3’-chloropropiophenone; (ii) 2-bromo-3’- chloropropiophenone; (iii) 3’-methylpropiophenone; (iv) 2-bromo-3’- methylpropiophenone (v) 4’-methylpropiophenone; (vi) 2-bromo-4’- methylpropiophenone; (vii) 4’-chloropropiophenone; (viii) 2-bromo-4’- chloropropiophenone, and (ix) phenyl-2-nitropropene. 

(3) 3’-Chloropropiophenone and 2-bromo-3’-chloropropiophenone are precursors of 3- cloromethcathinone or clophedrone (3-CMC). 3’-Methylpropiophenone and 2-bromo3’-methylpropiophenone are precursors of 3-methylmethcathinone (3-MMC). 4’- Methylpropiophenone and 2-bromo-4’-methylpropiophenone are precursors of mephedrone (4-methylmethcathinone or 4-MMC). 4’-Chloropropiophenone and 2- bromo-4’-chloropropiophenone are precursors of 4-CMC (clephedrone or 4- chloromethcathinone). Phenyl-2-nitropropene is a precursor of amphetamine. 

(4) 3-CMC, 3-MMC, 4-CMC and 4-MMC are synthetic cathinone stimulant drugs placed under international and European control. Amphetamine is also a controlled drug. These drugs may pose severe public health and social risks at Union level. 

(5) The Commission mandated the European Drugs Agency (EUDA) to assess the nine substances and provide information both on licit and illicit uses. According to the EUDA, the nine substances may be used in the illicit production of drugs through straightforward and scalable methods, needing only basic equipment and minimal technical proficiency to be executed. The seizures of those precursors increased in recent years in the Union. Some of them are used in the production of medicines marketed in the EU: 3’-chloropropiophenone is used in production of bupropion, a medicine intended for the treatment of depression and as an aid to smoking cessation. 2-Bromo-3’-chloropropiophenone is an intermediate in the manufacture of bupropion. 4’-Methylpropiophenone is used in production of tolperisone, a muscle-relaxant authorised for the treatment of muscle spasms and spasticity caused by different conditions. Phenyl-2-nitropropene may be used in the production of amphetaminebased medicines. In addition, the EUDA confirms that all nine substances concerned have legitimate uses as reference standards in analytical laboratories. 

(6) Given that the nine substances can be easily used to produce illicit drugs and there is evidence to that occurring in the Union, Regulations (EC) No 273/2004 and (EC) No 111/2005, respectively should be amended to include those nine substances in the list of scheduled substances of Category 1, as they pose the greatest risk when diverted towards illicit production. To avoid their diversion from licit channels, the trade and use of the substances should be subject to the strictest control and monitoring measures. 

(7) Furthermore, scheduling the nine substances would support national authorities in their fight against the illicit production of drugs since, from the date of entry into force of this Regulation, those substances are to be considered as ‘precursors’ within the meaning of Article 1, point 2., of Council Framework Decision 2004/757/JHA, for defining the minimum elements of crimes linked to trafficking in precursors. 

(8) Regulations (EC) No 273/2004 and (EC) No 111/2005 should therefore be amended accordingly. 

(9) Regulations (EC) No 273/2004 and (EC) No 111/2005 jointly implement the drug precursors related provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988 and approved on behalf of the Union 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. 

(10) However, legitimate uses in the production of medicine have been identified for some of the substances concerned, and some commercial laboratories might need to use the other substances as reference standards. Thus, there is a legitimate trade of the nine substances. 

(11) Therefore, the application of this Regulation should be deferred to give economic operators enough time to comply with the procedures provided for in Regulations (EC) No 273/2004 and (EC) No 111/2005, in particular, to obtain import or export authorisations and the appropriate licences,