Proposal for a COUNCIL DECISION on subjecting 5-(2-aminopropyl)indole to control measures
Date: 2013-06-25
Institutions: European Commission
Subjects: European Monitoring Centre for Drugs and Drug Addiction, Europol, drug traffic, electronic commerce, health risk, judicial cooperation in criminal matters in the EU, psychotropic substance, toxicology

EUROPEAN 
COMMISSION 

Brussels, 25.6.2013  
COM(2013) 436 final 

2013/0207 (NLE) 

Proposal for a 

COUNCIL DECISION 

on subjecting 5-(2-aminopropyl)indole to control measures 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Council  Decision  2005/387/JHA  on  the  information  exchange,  risk-assessment  and 
control of new psychoactive substances1 provides for a three-step procedure that may lead to 
the submission of a new psychoactive substance to control measures across the Union. 

On 22 January 2013, pursuant to Article 6(1) of the above-mentioned Council Decision, the 
Council requested2 an assessment of the risks caused by the use, manufacture and trafficking 
of  the  new  psychoactive  substance  5-(2-aminopropyl)indole,  the  involvement  of  organised 
crime and the possible consequences of control measures introduced on this substance. 

The  risks  of  5-(2-aminopropyl)indole  were  assessed  by  the  Scientific  Committee  of  the 
European  Monitoring  Centre  for  Drugs  and  Drug  Addiction  (EMCDDA),  acting  in 
compliance  with  the  provisions  of  Article  6  (2),  (3)  and  (4)  of  the  Council  Decision.  The 
Chair of the Scientific Committee submitted the risk assessment report to the Commission and 
to the Council on 16 April 2013. 

The main results of the risk assessment are the following: 

(1) 

(2) 

(3) 

5-(2-aminopropyl)indole is a synthetic derivative of indole substituted at the phenyl 
side of the indole ring system. It appears to be a stimulant substance that may also 
have  hallucinogenic  effects.  Despite  the  structural  similarities  with  better  known 
compounds  such  as  α-Methyltryptamine  (AMT),  5-(2-aminopropyl)benzofuran  (5-
APB)  and  the  internationally  controlled  drug  3,4-methylenedioxyamphetamine 
(MDA), the effects of 5-(2-aminopropyl)indole cannot be compared with the ones of 
these substances due to potential differences in mechanisms of action. 

The acute toxicity of 5-(2-aminopropyl)indole appears to provoke adverse effects in 
humans  such  as  tachycardia  and  hyperthermia,  and  may  also  cause  mydriasis, 
agitation  and  tremor.  In  addition,  5-(2-aminopropyl)indole  may  interact  with  other 
substances, including medical products and stimulants that act on the monoaminergic 
system. 

Since 2012, seven Member States, as well as Croatia and Norway, have detected 5-
(2-aminopropyl)indole  and  reported  information  about  it  to  the  EMCDDA  and 
Europol. Between April and August 2012, four Member States reported 24 fatalities 
where  5-(2-aminopropyl)indole  alone  or  in  combination  with  other  substances  has 
been  detected  post-mortem,  and  three  Member  States  have  reported  21  non-fatal 
intoxications  associated  with  this  new  psychoactive  substance.  If  this  new 
psychoactive  substance  were  to  become  more  widely  available  and  used,  the 
implications for individual and public health could be significant. 

(4) 

5-(2-aminopropyl)indole has no known, established or acknowledged medical value 
or  use  and,  apart  from  its  use  as  an  analytical  reference  standard  and  in  scientific 
research, there is no indication that it is being used for other purposes. 

Pursuant to Article 8 (1) of the Council Decision, within six week from the date of receipt of 
the risk assessment report, the Commission shall present to the Council either an initiative to 
subject  the  new  psychoactive  substance  to  control  measures  across  the  Union,  or  a  report 
explaining its views on why such an initiative is not deemed necessary. 

1 
2 

OJ L 127, 20.5.2005, p. 32. 
Council Document 5284/13. 

EN 

2 

   EN 

                                                 
Although  the  scientific  evidence  concerning  the  overall  risks  of  5-(2-aminopropyl)indole  is 
limited  at  this  stage,  the  Commission  considers  that  there  are  grounds  for  subjecting  the 
substance  to  control  measures  across  the  Union.  The  main  reason  is  that,  according  to  the 
information  available  from  the  risk  assessment  report,  the  acute  toxicity  of  5-(2-
aminopropyl)indole  is  such  that  it  can  cause  severe  harms  to  the  health  of  individuals. 
Moreover, the risks are heightened by the fact that 5-(2-aminopropyl)indole has been reported 
to  be  consumed  unknowingly  by  some  users  together  with  or  instead  of  other  stimulant 
substances. 

The  objective  of  this  proposal  for  a  Council  Decision  is  to  call  upon  the  Member  States  to 
subject 5-(2-aminopropyl)indole to control measures and criminal penalties as provided under 
their legislation by virtue of their obligations under the 1971 United Nations Convention on 
Psychotropic Substances. 

EN 

3 

   EN 

2013/0207 (NLE) 

Proposal for a 

COUNCIL DECISION 

on subjecting 5-(2-aminopropyl)indole to control measures 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

Having  regard  to  Council  Decision  2005/387/JHA  of  10  May  2005  on  the  information 
exchange,  risk-assessment  and  control  of  new  psychoactive  substances3,  and  in  particular 
Article 8(3) thereof,  

Having regard to the initiative of the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

A risk assessment report on the new psychoactive substance 5-(2-aminopropyl)indole 
was  drawn  up  in  compliance  with  Article  6  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 was subsequently submitted to the Commission and to 
the Council on 16 April 2013. 

5-(2-aminopropyl)indole  is  a  synthetic  derivative  of  indole  substituted  at  the  phenyl 
side  of  the  indole  ring  system.  It  appears  to  be  a  stimulant  substance  that  may  also 
have  hallucinogenic  effects.  5-(2-aminopropyl)indole  has  been  found  mostly  as  a 
powder but also in tablets and capsules, and is commercially available on the internet 
and  from  'head  shops',  marketed  as  'research  chemical'.  It  has  also  been  detected  in 
samples  of  a  product  sold  as  a  'legal  high',  called  'Benzo  Fury',  and  in  tablets 
resembling ecstasy. 

The  existing  information  and  data  suggests  that  the  acute  toxicity  of  5-(2-
aminopropyl)indole  can  provoke  adverse  effects  in  humans,  such  as  tachycardia  and 
tremor.  5-(2-
hyperthermia,  and  may  also  cause  mydriasis,  agitation  and 
aminopropyl)indole  may  interact  with  other  substances,  including  medical  products 
and stimulants that act on the monoaminergic system. The specific physical effects of 
5-(2-aminopropyl)indole  in  humans  are  difficult  to  determine  because  there  are  no 
published  studies  assessing  its  acute  and  chronic  toxicity,  its  psychological  and 
behavioural effects, and dependence potential, and because of the limited information 
and data available. 

There have been a total of 24 fatalities registered in four Member States between April 
and August 2012, where 5-(2-aminopropyl)indole alone, or in combination with other 
substances,  has  been  detected  in  post-mortem  samples.  While  it  is  not  possible  to 
determine with certainty the role of 5-(2-aminopropyl)indole in all of the fatalities, in 
some  cases  it  has  been  specifically  noted  in  the  cause  of  death.  If  this  new 
psychoactive  substance  were  to  become  more  widely  available  and  used,  the 

3 

OJ L 127, 20.5.2005, p. 32. 

EN 

4 

   EN 

                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

implications  for  individual  and  public  health  could  be  significant.  There  is  no 
information available on the social risks posed by 5-(2-aminopropyl)indole. 

Nine European countries have reported to the European Monitoring Centre for Drugs 
and  Drug  Addiction  and  Europol  that  they  detected  5-(2-aminopropyl)indole.  No 
prevalence  data  is  available  on  the  use  of  5-(2-aminopropyl)indole,  but  the  limited 
information  that  exists  suggests  that  it  may  be  consumed  in  similar  environments  as 
other stimulants, such as home, bars, nightclubs, music festivals. 

There is no information that suggests that 5-(2-aminopropyl)indole is manufactured in 
the Union, and there is no evidence suggesting the involvement of organised crime in 
the manufacture, distribution or supply of this new psychoactive substance. 

5-(2-aminopropyl)indole has no known, established or acknowledged medical value or 
use, and there is no marketing authorisation covering this new psychoactive substance 
in  the  Union.  Apart  from  its  use  as  an  analytical  reference  standard  and  in  scientific 
research, there is no indication that it is being used for other purposes. 

5-(2-aminopropyl)indole  has  not  been  under  assessment  and  is  currently  not  under 
assessment  by  the  United  Nations  system.  Two  Member  States  control  this  new 
psychoactive  substance  under  national  legislation  complying  with  the  obligations  of 
the  1971  United  Nations  Convention  on  Psychotropic  Substances.  Five  European 
countries  apply  legislation  on  new  psychoactive  substances,  dangerous  goods  or 
medicines to control 5-(2-aminopropyl)indole. 

The risk assessment report reveals that there is limited scientific evidence available on 
5-(2-aminopropyl)indole  and  points  out  that  further  research  would  be  needed  to 
determine the health and social risks that it poses. However, the available evidence and 
information  provides  sufficient  ground  for  subjecting  5-(2-aminopropyl)indole  to 
control  measures  across  the  Union.  As  a  result  of  the  health  risks  that  it  poses,  as 
documented  by  its  detection  in  several  reported  fatalities,  of  the  fact  that  users  may 
unknowingly  consume  it,  and  of  the  lack  of  medical  value  or  use,  5-(2-
aminopropyl)indole should be subjected to control measures across the Union. 

(10)  Since  six  Member  States  already  control  5-(2-aminopropyl)indole  via  legislative 
provisions of different nature, subjecting this substance to control measures across the 
Union would help avoid the emergence of obstacles in cross-border law enforcement 
and  judicial  cooperation,  and  protect  users  from  the  risks  that  its  consumption  can 
pose, 

HAS ADOPTED THIS DECISION:  

The  new  psychoactive  substance,  5-(2-aminopropyl)indole,  is  hereby  subjected  to  control 
measures across the Union. 

Article 1 

Article 2 

By  [one  year  from  the  date  this  Decision  is  published],  Member  States  shall  take  the 
necessary measures, in accordance with their national law, to subject 5-(2-aminopropyl)indole 
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. 

EN 

5 

   EN 

Article 3 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

EN 

6 

   EN