Proposal for a Council Decision defining 4-MTA as a new synthetic drug which is to be made subject to control measures and criminal provisions
Date: 1999-06-23
Institutions: European Commission
Subjects: UN convention, exchange of information, narcotic, new product, public health

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.06.1999
COM(1999) 307 final

Proposal for a

COUNCIL DECISION

defining 4-MTA as a new synthetic drug which is to be made subject to
control measures and criminal provisions

(presented by the Commission)

EXPLANATORY MEMORANDUM

I.

INTRODUCTION

The European Commission welcomes the report on the risk assessment of 4-MTA carried out
in the framework of the Joint Action of 16 June 1997 (97/396/JHA) on new synthetic drugs
(OJ No L 167, 25.6.1997, p. 1) which was requested by the Presidency in February 1999.

The risks of 4-MTA (P-Methylthioamphetamine or 4-Methylthioamphetamine) assessed
by the
its
Scientific Committee (Lisbon, 18-19 May 1999) constitute the second example of risk
assessment made under Article 4 of the Joint Action.

special meeting convened by the EMCDDA under

auspices of

the

4-MTA was first identified in 1997 in the Netherlands and the United Kingdom. At present, it
is subject to control in two Member States. It is not currently listed in any of the Schedules to
the 1971 United Nations Convention on Psychotropic Substances. 4-MTA has no actual
industrial use.
Its precursors are commercially available and do not seem to have
psychoactive effects.

II.

RISKS POSED BY 4-MTA

The Commission has carefully considered the conclusions of the risk assessment report on
4-MTA, which indicate that it is a potent psychoactive agent with no apparent therapeutic
value. It has been associated with five deaths in the EU and ten non-fatal cases requiring
hospitalisation. Respiratory collapse has been reported in some cases. A delayed onset of
action, tempting users to take several tablets, apparently increases the risk of overdose.
Combination with alcohol, MDMA, amphetamines or ephedrine also appears to increase the
risk. A serious interaction with certain foods could occur. Compared to MDMA, 4-MTA
appears to be associated with a higher risk of acute effects including adverse reaction
and overdosage.

As to the criminological aspects, three Member States (Belgium, United Kingdom and the
Netherlands) have seized considerable amounts of 4-MTA tablets. Germany seized small
quantities. In two Member States, trafficking of 4-MTA was found in combination with other
illegal substances. According to some reports, this is a growing tendency.

III.

PROPOSED DECISION BY THE COUNCIL

Taking these elements into consideration, the Commission concludes that it is necessary to
present an initiative to the Council to propose that 4-MTA be submitted to control measures
and criminal penalties at EU level, as provided for in the third subparagraph of Article 5(1) of
the Joint Action of 16 June 1997 (97/396/JHA) on new synthetic drugs.

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Proposal for a

COUNCIL DECISION

defining 4-MTA as a new synthetic drug which is to be made subject to
control measures and criminal provisions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to Joint Action 97/396/JHA of 16 June 1997 adopted by the Council on the
basis of Article K.3 of the Treaty on European Union concerning the information exchange,
risk assessment and the control of new synthetic drugs1, and in particular Article 5(1) thereof,

Having regard to the initiative of the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

A report was drawn up, on the basis of Article 4(3) of Joint Action 97/396/JHA,
by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)
or
4-MTA
risk
on the
4-Methylthioamphetamine).

(P-Methylthioamphetamine

assessment

of

4-MTA is an amphetamine derivative which appears to carry a higher risk of acute
including adverse
effects than MDMA (3,4-methylenedioxymethamphetamine)
reactions and overdosage. In the European Union, it has been associated with a
number of deaths and non-fatal cases requiring hospitalisation.

4-MTA has been identified as constituting a public health risk in several
Member States. It is at the moment subject to control in two Member States.

4-MTA is a potent psychoactive agent not currently listed in any of the Schedules to
the 1971 United Nations Convention on Psychotropic Substances which poses a
serious threat to public health, comparable to the substances listed in Schedules I
and II thereto and has no apparent therapeutic value.

In some Member States, the trafficking of 4-MTA in combination with other illegal
substances has been discovered.

4-MTA should be subjected by the Member States to control measures and criminal
penalties, as provided for under their legislation complying with their obligations
under the 1971 United Nations Convention on Psychotropic Substances with respect
to substances listed in Schedules I and II thereto,

1

OJ L 167, 25.6.1997, p. 1.

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HAS DECIDED AS FOLLOWS:

Article 1

Member States shall take the necessary measures, in accordance with their national law, to
submit 4-MTA (P-Methylthioamphetamine or 4-Methylthioamphetamine)
to control
measures and criminal penalties, as provided for under their legislation complying with their
obligations under the 1971 United Nations Convention on Psychotropic Substances with
respect to substances listed in Schedules I and II thereto.

Article 2

Member States shall,
in accordance with the third subparagraph of Article 5(1) of
Joint Action 97/396/JHA, take the measures referred to in Article 1 within three months of
the date on which this Decision takes effect.

Article 3

This Decision shall be published in the Official Journal of the European Communities.

It shall take effect on the day following that of its publication.

Done at Brussels,

For the Council
The President

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