2003/847/JHA: Council Decision 2003/847/JHA of 27 November 2003 concerning control measures and criminal sanctions in respect of the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7 and TMA-2
Date: 2003-11-27
Institutions: Council of the European Union
Subjects: drug traffic, health risk, narcotic, penalty

L 321/64

EN

Official Journal of the European Union

6.12.2003

(Acts adopted pursuant to Title VI of the Treaty on European Union)

COUNCIL DECISION 2003/847/JHA

of 27 November 2003

concerning control measures and criminal sanctions in respect of the new synthetic drugs 2C-I,
2C-T-2, 2C-T-7 and TMA-2

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to Council 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,

Having regard to the initiative of the Italian Republic,

Whereas:

(1)

(2)

(3)

(4)

Risk assessment reports on 2C-I (2,5-dimethoxy-4-iodo-
phenethylamine), 2C-T-2 (2,5-dimethoxy-4-ethylthiophe-
nethylamine), 2C-T-7 (2,5-dimethoxy-4-(n)-propylthio-
phenethylamine),
(2,4,5-trimethoxyampheta-
mine) were 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.

TMA-2

2C-I, 2C-T-2, 2C-T-7 and TMA-2 are amphetamine deri-
vatives having structural
features of phenethylamines,
which are associated with hallucinogenic and stimulant
activity. 2C-I, 2C-T-2, 2C-T-7 and TMA-2 have not been
reported to be associated with fatal or non-fatal intoxica-
tion within the Community. However 2C-I, 2C-T-2, 2C-
T-7 and TMA-2 are hallucinogenic drugs that carry
potential
hallucinogenic
substances, such as 2C-B, DOB, TMA and DOM, already
classified in Schedules I or II to the 1971 United Nations
Convention on Psychotropic Substances. Therefore a risk
of acute or chronic toxicity cannot be excluded.

common to

other

risks

2C-I, 2C-T-2, 2C-T-7 and TMA-2 are not currently listed
in any of the Schedules to the 1971 United Nations
Convention on Psychotropic Substances.

At present, 2C-I and 2C-T-2 are controlled under the
national drugs legislation in five Member States; 2C-T-7
and TMA-2 are controlled in four Member States.

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

(5)

(6)

(7)

2C-I, 2C-T-2, 2C-T-7 and TMA-2 have no therapeutic
value or industrial use.

trafficking of 2C-T-2 involving

2C-I has been identified in four Member States; 2C-T-2
and 2C-T-7 have been identified in six Member States;
TMA-2 has been identified in five Member States. At
present one Member State has reported one case of
two
international
Member States; no international trafficking of 2C-I, 2C-
T-7 and TMA 2 has been reported. Laboratories invol-
ving the production of 2C-I, 2C-T-2, 2C-T-7 and TMA-2
have been seized in three Member States. In one of these
Member States, the seizure of a large amount of the
intermediate
documentation
suggests the production of 2C-I. The major chemical
precursors of 2C-I, 2C-T-2, 2C-T-7 and TMA-2 are
commercially available.

2C-H and

precursor

2C-I, 2C-T-2, 2C-T-7 and TMA-2 should be subjected by
the Member States to control measures and criminal
legislation
penalties,
complying with their obligations under the 1971 United
Nations Convention on Psychotropic Substances with
respect to substances listed in Schedules I or II thereto,

as provided for under

their

HAS DECIDED AS FOLLOWS:

Article 1

2C-T-7

Member States shall take the necessary measures, in accordance
with their national law, to submit 2C-I (2,5-dimethoxy-4-iodo-
phenethylamine), 2C-T-2 (2,5-dimethoxy-4-ethylthiophenethy-
lamine),
(2,5-dimethoxy-4-(n)propylthiophenethyla-
mine) and TMA-2 (2,4,5-trimethoxyamphetamine) 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 or II thereto.

6.12.2003

EN

Official Journal of the European Union

L 321/65

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 General
Secretariat of the Council and the Commission of the measures they have taken.

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

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

Article 3

Done at Brussels, 27 November 2003.

For the Council

The President

R. CASTELLI