Council Decision 2008/206/JHA of 3 March 2008 on defining 1-benzylpiperazine (BZP) as a new psychoactive substance which is to be made subject to control measures and criminal provisions
Date: 2008-03-03
Institutions: Council of the European Union
Subjects: narcotic, national law, penalty, public health

7.3.2008

EN

Official Journal of the European Union

L 63/45

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

COUNCIL DECISION 2008/206/JHA

of 3 March 2008

on defining 1-benzylpiperazine (BZP) as a new psychoactive substance 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 the Council Decision 2005/387/JHA of
10 May 2005 on the information exchange, risk-assessment
and control of new psychoactive substances (1), and in particular
Article 8(3) thereof,

Having regard to the initiative of the Commission,

After consultation of the European Parliament,

Whereas:

(1)

(2)

A Risk Assessment Report on 1-benzylpiperazine (BZP)
was drawn up on the basis of Decision 2005/387/JHA
by a special session of the extended Scientific Committee
of the European Monitoring Centre for Drugs and Drug
Addiction and subsequently submitted to the Council
and the Commission on 31 May 2007.

amphetamine

BZP is a synthetic substance. It was first reported in the
European Union in 1999. Like
and
system
methamphetamine, BZP is a central nervous
stimulant, but with a much lower potency (around
10 % of that of d-amphetamine). The metabolism of
BZP may be affected by genetic polymorphisms
in
inter-individual
leading to a wide
enzyme
susceptibility to the effects of BZP. There is also a
potential for interactions with other drugs, but overall
there is a lack of human pharmacokinetic data.

systems

(1) OJ L 127, 20.5.2005, p. 32.

(3)

(4)

(5)

(6)

(7)

(8)

In some Member States BZP is legally available from
retail chemical suppliers; for recreational purposes it is
sold as tablets and capsules via Internet sites or in some
Member States in ‘smart/herbal shops’. On the illicit
drugs market, BZP may also be sold/bought as the
popular drug ecstasy.

Thirteen Member States and one third State (Norway)
have reported seizures of BZP in powder, capsules or
tablets, ranging from one capsule/tablet up to 64 900
tablets. There is little information that may suggest
large-scale synthesis, processing or distribution of BZP,
and the involvement of organised crime.

BZP has no established and acknowledged medical value;
there
are no known licensed medicinal products
containing BZP in the European Union.

BZP is currently not under assessment and has not been
In five Member
under assessment by the UN system.
States, BZP is
and
criminal penalties as provided under their legislation by
virtue of their obligations under the 1961 or 1971 UN
Conventions. Two Member States apply control measures
to BZP under their medicines legislation.

subjected to control measures

BZP has been found in post mortem samples. However,
the extent to which BZP was implicated in the deaths is
not known as in all cases other substances or other
circumstances were involved.

The Risk Assessment Report on BZP reveals a lack of
conclusive scientific evidence on the overall risks of BZP.
However, due to its stimulant properties, risk to health,
the lack of medical benefits and following the precau-
tionary principle, there is a need to control BZP, but the
control measures should be appropriate to the relatively
low risks of the substance.

L 63/46

EN

Official Journal of the European Union

7.3.2008

(9)

Placing 1-benzylpiperazine under control may help avoid
problems in international
law enforcement and judicial
cooperation,

complying with their obligations under
Nations Convention on Psychotropic Substances.

the 1971 United

HAS DECIDED AS FOLLOWS:

Article 1

law,

Member States shall take the necessary measures, in accordance
to submit 1-benzylpiperazine (also
with their national
known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine
or — less precisely — as benzylpiperazine or BZP) to control
the substance, and
measures proportionate to the risks of
legislation
criminal penalties, as provided for under

their

Article 2

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

It shall take effect on the day following its publication.

Done at Brussels, 3 March 2008.

For the Council
The President

J. PODOBNIK