EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
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 the drug precursor 
isopropylidene (IMDPAM) and other substances in the list of scheduled substances  
 
(Tex t with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Drug precursors are chemicals which may be used for the illicit manufacture of narcotic drugs 
or psychotropic substances. Regulation (EC) No 273/2004 of the European Parliament and of 
the Council1 lays down measures for monitoring trade in drug precursors within the EU, while 
Council Regulation (EC) No 111/20052 governs trade in drug  precursors between the EU and 
third countries.  
The two Regulations jointly implement the measures envisaged by Article 12 of the United 
Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 
19 December 19883 (the '198 8 UN Convention').  
Drug precursors may be scheduled substances (listed in the Annexes of the two Regulations, 
with various legal obligations attached  depending on their category - license, registration, 
export/import authorisation etc.). Drug precursors may also be non -scheduled substances, 
meaning they are not listed in the Annexes. Each Member State may adopt the measures 
necessary to enable its comp etent authorities to control and monitor suspicious transactions 
involving non -scheduled substances.  
National competent authorities have indicated the seizure of  sodium s alt of isopropylidene  
(IMDPAM ). Certain esters of two scheduled  substances  could also  be used in the illicit 
production of drugs.   
These substances should be added to the list of scheduled substances in the Regulations, to 
reinforce their control and monitoring.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
In accordance  with the Interinstitutional  Agreement on Better Law -Making of 13 April 20164, 
appropriate and transparent consultations, including at expert level, have been carried out in 
the preparation of this delegated act. The Group of Experts on Drug Precursors has discu ssed 
and well received the proposal during its meeting on 1-2 June  2023.  
The draft has been published for feedback on ‘Have -your-say’ portal. [to add det ails on the 
contributions received] .  
The draft has been noti fied based on Article 2(9)(2) of the Agreement on Technical Barriers 
to Trade. [to add details on the contributions received]  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Based on  Article 15 of Regulation (EC) No 273/2004 and Article 30a of Regulation (EC) No 
111/200 5, the Commission is empowered to adopt delegated acts in order to adapt the 
Annexes to new trends in diversion of drug precursors.  
                                                 
1 Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on 
drug precursors, OJ L 47, 18.2.2004, p. 1.  
2 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, OJ L 22, 26.1.2005, p. 1.  
3 OJ L 326, 24.11.1990, p. 57.  
4 OJ L 123, 12.5.2016, p. 10   
EN 2  EN Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005 are closely linked. They 
jointly implement the measures envisage d by Article 12 of the 1988 UN  Convention. 
Therefore , the bundling of two empowerments based on different basic legislative acts into 
one single delegated act is justified by the close material link between the empowerments in 
question.   
EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
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 o f the drug precursor 
isopropylidene (IMDPAM) and other substances 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 2004 on drug precursors1, 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 trad e between the Union and third countries in drug precursors2, 
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 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 -(3,4methylnedioxyphenyl)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 si gnificant 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) a nd six esters of Ethyl 3 -(2H-1,3-benzodioxol -5-yl)-2-methyloxirane -2-
carboxylate (PMK ethyl glycidate)  have been identified as possible substitutes of  
BMK glycidic acid and PMK ethyl glycidate  in the illicit production of drugs . Those 
esters can be easily designed to avoid the control and monitoring measures applicable 
                                                 
1 OJ L 47,  18.2.2004, p. 1.  
2 OJ L 22, 26.1.2005, p. 1.   
EN 4  EN to BMK glycidic acid and PMK ethyl glycidate , 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 app ly to subst ances of C ategory 1.  
(8)  IMDPAM  and the identified esters of BMK glycidic acid and PMK ethyl glycidate  
pose a significant social and public health threat in the Union . They have  no known  
licit produc tion, trade, or use, except for research purpose s. 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 entail ing any significant extra administrative burden for economic operators and 
competent authorities  in the Union . 
(9) Regulation s (EC) No 273/2004 and (EC) No 111/2005 should therefore be amended 
accordingly.  
(10) Commission Impleme nting Regulation (EU) 2020/15773  reclassified red phosphorus  
in the Combined No menclature  (‘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/EEC4. In view of the cl ose 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 Regulati on (EC) No 273/2004 is am ended in accordance with Annex I to this 
Regulation.  
                                                 
3 Commission Implementing Regulation (EU) 2020/1577 of 21 September 2020 amending Annex I to 
Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs 
Tariff (OJ L 361, 30.10.2020).  
 
 
4 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).   
EN 5  EN Article 2  
Amendments to Regulation (EC) No 111/2005  
The Annex to Regulation (EC) No 111/2005 is ame nded 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,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN