EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) 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 certain drug 
precursors in the list of scheduled substances  
 
(Text with EEA relevance)   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 bet ween 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 '1988 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 competent authorities to control and monitor suspicious transactions 
involving non -scheduled substances.  
National competent a uthorities have indicated the seizure of ethyl alpha -phenylacetoacetate 
(EAPA)  and methyl 3 -oxo-2-(3,4-methylenedioxyphenyl)butanoate (MAMDPA) .  
EAPA is used to produce 1 -Phenyl -2-propanone (P -2-P), also known as benzyl methyl ketone 
(BMK). BMK is a precur sor of amphetamine and methamphetamine, two of the most 
common drugs illicitl y produced in the EU. Both have  severe consequences for the human 
health.  
MAMDPA is a precursor of 3,4-Methylenedioxyphenylpropan -2-one (PMK) , which, in its 
turn, is used to prodcue 3,4 -methylenedioxymethamphetamine (MDMA), commonly known 
as ‘ecstasy’.  
BMK, as well as some of its other pre -precursors  which are very similar to EAPA  (such as 
methyl alpha -phenylacetoacetate (MAPA)  or alpha -phenylacetoacetamide (APAA)) , as well 
as PMK are already scheduled substances in the Regulations.  
Following the strict control  of the scheduled substances mentioned above , EAPA and 
MAMDPA have been designed by criminal organisations to avoid these controls. Therefore, 
EAPA and MAMDPA should also be scheduled at EU level  to reinforce their control and 
monitoring . The scheduling will provide national authorities with the legal means to fight 
effectively against their use in the i llicit production of narcotic drugs.   
The Commission has discretion as regards the category in which to schedule a drug precursor .  
Substances scheduled in Category 1 pose the greatest risk when diverted and usually become 
incorporated in full or in part into the molecule of the narcotic drug or psychotropic 
substa nce. The Regulations set out the strictest control and monitoring measures for such 
substances: they need to be stored in secured premises (e.g. locks, video -camera surveillance, 
                                                 
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 Community and third countries i n drug precursors, OJ L 22, 26.1.2005, p. 1.  
3 OJ L 326, 24.11.1990, p. 57.  EN 2  EN etc.); each operator dealing with t hese substances needs a licence;  they also require an import 
and export authorisation.   
EAPA  and MAMDPA should be scheduled as a Category 1  substance s because they can be 
easily transformed to support the production of methanphetamine , amphetamine  and MDMA  
and the subsequent social and public health problems related to the consumption of these 
narcotic drugs are important .   
Based on the information available, EAPA  and MAMDPA have no kn own licit uses, except 
research . Therefore, t heir scheduling in Category 1 will not create significant administrative  
burden for economic oper ators and competent authorities .  
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 discussed 
the proposal in detail during its meeting on [26-27 October 2021]. [to add details on the 
comments received] .  
The draft ha s been published for feedback on ‘Have -your-say’ portal. [add details on the 
contributions received, if any] .  
The draft has been noti fied based on Article 2(9)(2) of the Agreement on Technical Barriers 
to Trade. No comments have been received [to be chang ed if needed] .  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Based on  Article 15 of Regulation (EC) No 273/2004 and Article 30a of Regulation (EC) No 
111/2005, the Commission is empowered to adopt delegated acts in order to adapt the 
Annexes to new trends in div ersion of drug precursors.  
Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005 are closely linked. They 
jointly implement the measures envisaged 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 Regul ation (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 2004 on drug precursors1, and in particular Article 15 thereof,  
Having regard to Counc il 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 precursors2, 
and in particular Article 30a thereof,  
Whereas:  
(1) Regulation (EC) No 273/2004 lays down measures for m onitoring 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 a precursor of 3,4-Methylenedioxyphenylpropan -2-one  (PMK), which, 
in turn, is used to produ ce 3,4 -methylenedioxymethamphetamine (MDMA), 
commonly known as ‘ecstasy’.  
(5) Amphetamine, methamphetamine and MDMA  are some of the most co mmon 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.  EN 4  EN (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 subst ances of C ategory 1.  
(8)  EAPA and MAMDPA , as precursors to amphetamine, methamphetamine and 
MDMA, pose a significant threat to social and public health in the Union . They have 
no known licit production, trade or use, except for research purposes. Therefore,  
including them in C ategory 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) Regulation s (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 Tr affic in Narcotic Drugs 
and Psychotropic Substances , done at Vienna on  20 December 1988  and approved by 
Council Decision 90/611/EEC3. 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 am ended 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 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.  
                                                 
3 Council Decision 90/611/EEC of 22 October 1990 concerning the conclusion, on behalf of the 
European Economic Community, o f the United Nations Convention against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances (OJ L 326, 24.11.1990, p. 56).  EN 5  EN Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN