2002/188/JHA: Council Decision of 28 February 2002 concerning control measures and criminal sanctions in respect of the new synthetic drug PMMA
Date: 2002-02-28
Institutions: Council of the European Union
Subjects: EU control, criminal law, narcotic, national implementing measure, new product, psychotropic substance

L 63/14

EN

Official Journal of the European Communities

6.3.2002

concerning control measures and criminal sanctions in respect of the new synthetic drug PMMA

COUNCIL DECISION

of 28 February 2002

PMMA does not take place in the European Union. Two
laboratories have been seized in countries of Eastern
Europe and production is believed to continue there.

PMMA 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 Psycho-
tropic Substances with respect to substances listed in
Schedules I or II thereto,

HAS DECIDED AS FOLLOWS:

Article 1

law,

Member States shall take the necessary measures, in accordance
to submit PMMA (paramethoxy-
with their national
methylamphetamine
N-methyl-1-(4-methoxy-
or
phenyl)-2-aminopropane), to control measures and criminal
penalties, as provided for under their legislation complying
with their obligations under the 1971 United Nations Conven-
tion on Psychotropic Substances with respect to substances
listed in Schedules I or 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. Within six months of the date
on which this Decision takes effect, Member States shall inform
the Secretariat General of the Council and the Commission of
the measures they have taken.

Article 3

This Decision shall be published in the Official Journal. It shall
take effect on the day following its publication.

Done at Brussels, 28 February 2002.

For the Council

The President

A. ACEBES PANIAGUA

(2002/188/JHA)

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
concerning the information exchange, risk assessment and the
control of new synthetic drugs (1), and in particular Article 5(1)
thereof,

(7)

Having regard to the initiative of the Commission,

Whereas:

(1)

(2)

(3)

or

report on PMMA (paramethoxy-
A risk assessment
methylamphetamine
N-methyl-1-(4-methoxy-
phenyl)-2-aminopropane) was drawn up, on the basis of
Article 4(3) of Joint Action 97/396/JHA, at a meeting
convened under the auspices of the Scientific Committee
of the European Monitoring Centre for Drugs and Drug
Addiction.

At present, PMMA is controlled under the national drugs
legislation in four Member States.

PMMA is not currently listed in any of the Schedules to
the 1971 United Nations Convention on Psychotropic
Substances. PMMA poses health risks for individuals and
to public health. PMMA is an
could pose a threat
amphetamine analogue very close to PMA which is
included in Schedule I
to the 1971 United Nations
Convention. PMMA has no therapeutic value.

(4) Within the European Union, PMMA has always been
‘ecstasy’
for

consumed with PMA in tablets
(MDMA). There is no explicit consumer market
either PMMA or PMA.

taken as

(5)

(6)

PMMA has been associated in combination with PMA
with three deaths within the European Community.
Experiments on animals indicate that there is a narrow
margin between the behaviourally active and lethal dose
of PMMA and therefore a high risk of acute toxicity
exists. PMMA seems to have a similar toxicity to PMA
and MDMA.

Trafficking and distribution of PMMA have taken place
in four Member States and three of these have informa-
tion on the role of organised crime in the trafficking of
PMMA/PMA. 18 870 tablets containing PMMA have
been seized in 29 incidents. Large scale production of

(1) OJ L 167, 25.6.1997, p. 1.