EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2015) 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 2   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 lays down measures for monitoring 
trade in drug precursors within the EU, while Regulation (EC) No 111/2005 governs trade in 
drug precursors betwe en the EU and third countries.  
In December 2013 these two Regulations were amended  in order to strengthen the efficiency 
of the control measures  for drug precursors. The empowerment to adopt delegated acts  to add 
new substances to the list of scheduled sub stances was introduced allowing a quick adapt ation 
of the Regulations to new trends in diversion  of drug precursors.  
The use of the substances chloroephedrine and chloropseudoephedrine as precursors for the 
production of methamphetamine ( better known under  its street name ' crystal meth') was first 
observed on the territory of the Union in 2013.  In the meantime, more than 3 tonnes of 
chloroephedrine and chloropseudoephedrine were seized in EU Member States  and it is 
known that t hese substances are also incre asingly being used in certain third countries to 
produce methamphetamine. At the same time, there are no major known legal uses of the 
substances.  In several Member States the increasing consumption of the drug 
methamphetamine ( crystal meth) is generating significant social and public health problems . 
Scheduling chloroephedrine and chloropseudoephedrine under Regulations 273/2004 and 
111/2005 allows increased controls on the use of those substances, with a view to prevent 
their diversion to illicit manufact ure of methamphetamine ( crystal meth). The easiness with 
which methamphetamine can be made from chloroephedrine and chloropseudoephedrine , the 
dimension of the subsequent social and public health problems related to the consumption of 
methamphetamine ( crystal m eth), the absence of significant economic impacts on licit uses 
and the limited additional workload for the competent authorities justif y their inclusion into 
the list of scheduled substances under Regulations 273/2004 and 111/2005.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
In line with paragraph 4 of the Common Understanding on D elegated Acts between the 
European Parliament, the Council and the European Commission, appropriate and transparent 
consultations, including at expert level, have been  carried out in the preparation of this 
delegated act. The relevant documents have been transmitted in a timely and appropriate 
manner to the European Parliament and to the Council. The Group of Experts on Drug 
Precursors was consulted in the meeting s held on 22 May 2015 and on  9 November 2015 . 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
On the basis of Regulation (EC) No 273/2004 of the European Parliament and of the Council, 
as amended by Regulation (EU) No 1258/2013, the Commission is empowered to adopt 
delegated acts in order to adapt the Annexes to new trends in diversion of drug precursors.  
On the basis of Council Regulation (EC) No 111/2005, as amended by Regulation (EU) No  
1259/2013 of the European Parliament and of the Council, the Commission is empo wered to 
adopt delegated acts in order to adapt the Annex hereto to new trends in diversion of drug 
precursors, in particular substances which can be easily transformed into scheduled 
substances.  EN 3   EN Regulations 273/2004 and 111/2005 are closely linked. They j ointly implement the measures 
envisaged by Article 12 of the United Nations Convention against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances of 19 December 1988. Common implementing rules for 
Regulations 273 /2004 and 111/2005 have been adop ted through Commission Delegated 
Regulation (EU) 2015/1011 and Commission Implementing Regulation (EU) 2015/1013.  
In the light of the above , the bundling of two different 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 4   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 of certain drug 
precursors in the list of scheduled substances  
(Text with EEA relevance)  
THE EUROPEAN COMMI SSION,  
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 re gard to 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 precursors2, 
and in particular Article 30a thereof,  
Whereas:  
(1) 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) 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 in to 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 . 
(3) The strictest control and monitoring measures are provided for in respect of the 
substances scheduled in category 1. Operators and users must hold a licence in order 
to possess those substances  and to carry out any kind of t ransaction involving them . 
(4) It is possible to convert chloroephedrine and chloropseudoephedrine directly into 
methamphetamine with a high yield rate. Member States  have demonstrated that since 
2013 chloroephedrine and chloropseudoephedrine have been used on several occasions 
in the Union as precursors for the illicit manufacture  of methamphetamine (also 
known as crystal meth). Additionally, several cases of use of th ose two substances for 
the production of methamphetamine have been reported outside the Union . 
(5) Trade in and possession of chloroephedrine and chloropseudoephedrine  are currently 
not subject to any legal restriction s, and their control is limited to a voluntary 
commitmen t by Union operators to monitor trade and report suspicious transactions 
involving such substances.  
(6) There were no significant licit uses of chloroephedrine and chloropseudoephedrine 
identified during the consultation of Member States and representatives of the 
chemical industry.  More than 3  tonnes of those substances  were seized in 2013 and 
                                                 
1 OJ L 47, 18.2.2004, p. 1.  
2 OJ L 22, 26.1.2005, p. 1.  EN 5   EN 2014 by the competent authorities of the Member States to prevent them from being 
used for the illicit manufacture of methamphetamine.  
(7) In the light of the high diversion risk posed by chloroephedrine and 
chloropseudoephedrine, and consid ering that their scheduling will have no significant 
impact on licit trade, those substances should be listed under category 1  in Annex I to 
Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No 111/2005 . 
(8) Regulation (EC) No 273/2004 and Regula tion (EC) No 111/2005 should therefore be 
amended accordingly . 
(9) Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005 jointly implement 
certain provisions of the United Nations Convention against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances of 19 December 19883.  In view of the close 
material link between those Regulation s it is justified to adopt the amendments by way 
of one single delegated act , 
 
HAS ADOPTED THIS REGULATION:  
Article 1  
Amendment to Regulation (EC) No 273/2004  
In Annex I to Regulation (EC) No 273/2004 , in the table for Category 1 scheduled substances, 
the following rows are added:   
 
 "(1R,2S) -(-)-
chloroephedrine   2939 99 00  110925 -64-9 
(1S,2R) -(+)-
chloroephedrine   2939 99 00  1384199 -95-4 
(1S,2S) -(+)-
chloropseudoephedrine   2939 99 00  73393 -61-0 
(1R,2R) -(-)-
chloropseudoephedrine   2939 99 00  771434 -80-1". 
 
  
                                                 
3  OJ L 326, 24.11.1990, p. 57.  EN 6   EN  
Article 2  
Amendment  to Regulation (EC) No 111 /2005  
In the Annex to Regulation (EC) No 111/2005 , in the table for Category 1 scheduled  
substances, the following rows are added:  
 
"(1R,2S) -(-)-
chloroephedrine   2939 99 00  110925 -64-9 
(1S,2R) -(+)-
chloroephedrine   2939 99 00  1384199 -95-4 
(1S,2S) -(+)-
chloropseudoephedrine   2939 99 00  73393 -61-0 
(1R,2R) -(-)-
chloropseudoephedrine   2939 99 00  771434 -80-1". 
 
 
Article  3 
Entry into force  
This Regulatio n 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 applicabl e in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean-Claude JUNCKER