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15.3.2013 Official
Journal
of
the
European
Union L
72/11
DECISIONS
COUNCIL DECISION
of 7 March 2013
on subjecting 4-methylamphetamine to control measures
(2013/129/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) According
to
the
limited
data
sources
available,
the
acute
toxicity of 4-methylamphetamine is similar to that of
Having regard to the Treaty on the Functioning of the European
other stimulants. Certain evidence suggests that a
Union,
combination of 4-methylamphetamine with other
substances, including amphetamine and caffeine, may
Having regard to Council Decision 2005/387/JHA of 10 May
result in a higher risk of overall enhanced toxicity.
2005 on the information exchange, risk-assessment and control
of new psychoactive substances ( 1 ), and in particular Article 8(3)
thereof,
(5) There
have
been
a
total
of
21
fatalities
registered
in
four
Member States where 4-methylamphetamine alone, or in
combination with one or more substances, especially
Having regard to the initiative of the European Commission,
amphetamine, has been detected in post-mortem
samples. While it is not possible to determine with
Whereas:
certainty from the information available the role of 4-
methylamphetamine in those fatalities, in some cases the
(1) A
risk
assessment
report
on
4-methylamphetamine
was
substance was the predominant drug detected, with levels
drawn up on the basis of Article 6 of Decision
comparable to those found in certain cases of death
2005/387/JHA by a special session of the extended
caused by the consumption of amphetamine.
Scientific Committee of the European Monitoring
Centre for Drugs and Drug Addiction, and was
subsequently received by the Commission on
(6) 4-methylamphetamine
has
been
detected
in
15
Member
29 November 2012.
States, while one Member State has reported the manu
facture of the substance on its territory. Prevalence
specific to 4-methylamphetamine is difficult to estimate.
(2) 4-methylamphetamine
is
a
synthetic
ring-methylated
derivative of amphetamine which has predominantly
There is no information on specific demand for the
been seized in powder and paste form in samples
substance from user groups and it is not commercially
containing amphetamine and caffeine, but which has
marketed through internet shops.
also appeared in tablet and liquid form. It has emerged
on the illicit amphetamine market where it is sold and
used as the controlled drug, amphetamine. There has
(7) The
information
available
suggests
that
4-methylamphe
been one report of the substance being detected in a
tamine is produced and distributed by the same
commercial product sold on the internet. The main
organised crime groups that are involved in the manu
chemical precursor for the synthesis of 4-methylamphe
facture and trafficking of amphetamine.
tamine is 4-methylbenzyl methyl ketone (4-methyl-BMK),
which appears to be commercially available on the
internet and is not controlled under the 1988 United
(8) 4-methylamphetamine
has
no
known,
established
or
acknowledged medical value or use in the Union and
Nations Convention against Illicit Traffic in Narcotic
there is no marketing authorisation for the substance
Drugs and Psychotropic Substances.
in the Union. Apart from its use as an analytical
reference standard and in scientific research, there is no
(3) The
specific
physical
effects
of
4-methylamphetamine
indication that it may be used for any other legitimate
have been rarely reported by users, since users are
purpose.
typically unaware that they have taken the substance.
However, the few reports that are available suggest that
it has stimulant-type effects. Limited data available
(9) 4-methylamphetamine
is
not
currently
under
assessment
relating to humans suggest that the adverse effects of
and has not been under assessment by the United
4-methylamphetamine include hyperthermia, hyper
Nations system. Eight Member States control the
tension, anorexia, nausea, perspiration, gastric distress,
substance under drug control legislation by virtue of
coughing, vomiting, headache, palpitations, insomnia,
their obligations under the 1971 United Nations
paranoia, anxiety and depression. Current data is not
Convention on Psychotropic Substances. Two other
sufficient to determine the relative dependence-
Member States apply the generic definition of phenethy
producing potential of the substance.
lamine in their national legislation to the product while
one Member State controls it under its medicines legis
( 1 ) OJ L 127, 20.5.2005, p. 32.
lation.

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L 72/12
EN
Official Journal of the European Union
15.3.2013
(10) The
risk
assessment
report
reveals
that
there
is
limited
HAS ADOPTED THIS DECISION:
scientific evidence available on the characteristics and
risks of 4-methylamphetamine and points out that
Article 1
further studies are required on the overall health and
social risks associated with the substance. However, the
The new psychoactive substance, 4-methylamphetamine, is
evidence available provides sufficient grounds for
hereby subjected to control measures across the Union.
subjecting 4-methylamphetamine to control measures
across the Union. As a result of the health risks it
Article 2
poses, as documented in its detection in several
By 17 March 2014, Member States shall take the necessary
reported fatalities, especially when used in combination
measures, in accordance with their national law, to subject 4-
with other substances; its strong resemblance in terms of
methylamphetamine to control measures and criminal penalties,
appearance and effects with amphetamine; the fact that
as provided for under their legislation complying with their
users may unknowingly consume the substance and its
obligations under the 1971 United Nations Convention on
limited medical value or use, 4-methylamphetamine
Psychotropic Substances.
should be subjected to control measures across the
Union.
Article 3
This Decision shall enter into force on the day following that of
its publication in the Official Journal of the European Union.
(11) Since
10
Member
States
already
control
4-methylamphe
tamine, subjecting it to control measures across the
Union may help avoid problems in cross-border law
enforcement and judicial cooperation.
Done at Brussels, 7 March 2013.
For the Council
(12) Union-wide
control measures
may
also
help
prevent
4-methylamphetamine developing as an alternative to
The President
amphetamine in the illicit drug markets,
A. SHATTER

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Document Outline

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