ISSN 2315-1463 EMCDDA PAPERS Drug precursor developments in the European Union Content: Introduction (p. 2) l Scope of this report (p. 2) l Regulation of drug precursors in the European Union (p. 2) l International cooperation (p. 6) l Precursors for synthetic drugs produced in the European Union (p. 6) l Discussion (p. 8) l Conclusion (p. 9) l Abbreviations of chemical names (p. 10) l References (p. 10) l Acknowledgements (p. 11) Abstract: MDMA, amphetamine and converted into drug precursors that are then methamphetamine are produced in the used for synthetic drug production. Because European Union in illicit laboratories to satisfy alternative chemicals are not controlled, the demands of European consumers, and in they are cheaper than drug precursors and the case of MDMA in particular, increasingly can be traded with little risk of interdiction to supply consumers in other regions of the or heavy penalties. The emergence of these world. To produce these illicit drugs, chemical new substances is a serious challenge to the starting materials called drug precursors international precursor control system. are needed. These chemicals may also have legitimate uses, necessitating a regime of regulation at the global level to prevent their Keywords precursors amphetamine diversion for illicit use and thereby limiting the MDMA methamphetamine speed supply of illicit drugs. A set of EU regulations provide an implementing framework for meth crystal meth ecstasy precursor trade within the European Union synthetic drugs BMK PMK P-2-P and between the European Union and the rest MDP-2-P EU regulations of the world. control measures pre-precursors In order to avoid regulatory regimes, designer precursors producers of illicit synthetic drugs have Recommended citation: European Monitoring Centre introduced alternative chemicals that are for Drugs and Drug Addiction (2019), Drug precursor not listed in the precursor regulations. These developments in the European Union, EMCDDA Papers, chemicals, which are normally imported, are Publications Office of the European Union, Luxembourg. 1/11 EMCDDA PAPERS I Drug precursor developments in the European Union I Introduction I Scope of this report The European Monitoring Centre for Drugs and Drug Addiction The chemicals used for the production of the main synthetic (EMCDDA) is involved in monitoring the illicit drug market in drugs produced in the European Union — amphetamine, the European Union. When considering the illicit drug market methamphetamine and MDMA — are the focus of this a broad definition is used, encompassing the illicit production, paper. Historically, these drugs were produced by chemically trafficking, wholesale distribution and sale of illicit drugs to modifying starting materials, referred to as drug precursors. the end user. The drug market has wide-ranging impacts on The effective control of the trade in these starting materials both security and public health, and therefore such a holistic under precursor legislation caused the manufacturers to and systemic perspective is important for the effective delivery seek alternative chemicals and synthesis pathways for the and monitoring of drug control policy and supply reduction production of these drugs (see Figure 1). In the past 10 or so activities. The availability of drug precursors has a direct impact years, a number of approaches have been used to produce on illicit drug production activities. synthetic drugs in the absence of easily diverted precursors. One approach involves producing the precursor from a non- Apart from drugs that are used in their natural form, such as controlled substance, for example BMK from APAA. Another cannabis, or medicines diverted from legitimate supplies, approach relies on N-protected derivatives of drugs, non- the production of illicit drugs requires the use of chemicals controlled substances that can be converted into illicit drugs. either to facilitate their extraction from natural materials, For the purpose of this paper, the term alternative chemicals or to form semi- or fully synthetic substances. Restricting covers the wide range of substances variously referred to in the availability of those chemicals, the drug precursors, has both official and unofficial reports as ‘designer precursor’, been a key component of drug supply reduction efforts since ‘masked precursor’, ‘pre-precursor’ or ‘masked drug’. the late 1980s. At global level, the prevention of diversion of drug precursors, solvents and reagents used for illicit drug The next section explains how the precursors and alternative manufacture is underpinned by the United Nations Convention chemicals can either be ‘scheduled’ or ‘non-scheduled’, that Against Illicit Traffic in Narcotic Drugs and Psychotropic is, included or not included in the lists contained in drug Substances of 1988 (‘the 1988 UN Convention’). Under the precursor regulations. 1988 UN Convention, the International Narcotics Control Board (INCB) has the responsibility to monitor Governments’ control over drug precursors used in the illicit manufacture of drugs, and to assist them in preventing the diversion of those chemicals into the illicit traffic. In the European Union, Regulation of drug precursors in the competent authorities, typically the customs, police or European Union health authorities in each Member State, are responsible for I implementing the EU regulations on drug precursors. These entities work in close cooperation with industry in order to The European Union implements the 1988 UN Convention implement the European drug precursor regulations. Both through two regulations of the European Parliament and the UN Convention and EU regulations are based on lists of of the Council. These are complemented with a number of substances that are subject to a variety of controls. Commission delegated and implementing regulations, which set out the provisions in detail. These regulations are directly To circumvent the precursor control system, producers of illicit applicable in the Member States. The delegated regulations synthetic drugs have sought alternative chemicals that are not may be amended after consulting the Group of Experts on listed as drug precursors. Once imported, these substances Drug Precursors, which meets regularly and is composed of can be transformed into drug precursors relatively easily. These expert representatives from each EU Member State. alternative substances have been called ‘pro-precursors’ (King, 2009) ‘pre-precursors’ (EMCDDA, 2009) or ‘masked The regulations implement the 1988 UN Convention and are precursors’ (INCB, 2019). The reduced risk of interception established to prevent the diversion of substances into illicit (at least initially), the ability to import them without fear of channels. This is an important point which will be further sanctions and the lower price of the unregulated chemicals mentioned in the discussion. make this an attractive proposition for drug producers (Tops et al., 2018). Trade in drug precursors between the European Union and third countries is regulated through Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013 (see consolidated version). The trade between EU Member States is regulated by Regulation (EC) No 273/2004, 2 / 11 EMCDDA PAPERS I Drug precursor developments in the European Union FIGURE 1 Synthetic drugs, precursorsRoutes and related to synthetic chemicals: understanding drugs and the theirconnections precursors BMK glycidic acid** Benzaldehyde APAA MAPA Phenylnitropropene APAAN Benzylcyanide BMK* Phenylacetyl Phenylacetic acid carbinol (l-PAC) Pseudoephedrine and esters Ephedrine N-t-BOC-methamphetamine Chloropseudoephedrine N - N-t-BOC-MDMA p r o Helional te c te Chloroephedrine d d rugs MD-phenylnitropropene PMK* P r e Piperonal c u A r so lt e rs r n a t PMK glycidic acid** iv e Bromosafrole c h Cyclic acetal PMK em i ca ls Sassafras oil and safrole-rich oils Isosafrole Acts as both a precursor and an alternative chemical Safrole * BMK: also called P-2-P * PMK: also called MDP-2-P ** and its salts and esters Key Synthetic drug Alternative chemical Common synthesis path Less common synthesis path Precursor N-protected drug Precursor synthesis path amended by Regulation (EU) No 1258/2013 (see consolidated (precursors for methamphetamine) in 2016 and NPP and version). Each consolidated version contains an annex, ANPP (precursors for fentanyl and derivatives) in 2018. listing the substances to which the regulations apply. European Commission delegated regulations place new In addition, the regulations are supplemented by additional substances under control measures by adding them directly practical tools, such as ‘Guidelines for economic operators’ to the regulations. Substances brought under control in this and e-learning courses for such operators and for customs way include chloroephedrine and chloropseudoephedrine authorities. 3 / 11 EMCDDA PAPERS I Drug precursor developments in the European Union These regulations set out the procedures, working arrangements Substance UN Typically used to and limits for economic operators trading in drug precursors. The Table make provisions include rules for obtaining and checking licences and Isosafrol (cis + trans) I MDMA registrations, statutory reporting obligations, import and export Lysergic acid I LSD procedures, and the identification of anomalies or irregularities N-acetylanthranilic acid I Methaqualone (‘suspicious transactions’). Norephedrine I Methamphetamine Certain terms are defined in the EU regulations, including