Explanatory Memorandum to COM(2010)583 - Submitting 4-methylmethcathinone (mephedrone) to control measures

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The Council Decision 2005/387/JHA i on the information exchange, risk-assessment and control of new psychoactive substances provides for a three-step procedure that may lead to put a new psychoactive substance under control in the EU.

Following the provisions set out in the Council Decision, on 26 May 2010 the Council requested a risk assessment on the psychoactive substance 4-methylmethcathinone (mephedrone) to be carried out by the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

The main results of the risk assessment are:

1. Mephedrone is a synthetic cathinone whose physical effects can be compared to the ones produced by ecstasy (MDMA) or cocaine. As such, it can be an attractive alternative for those seeking stimulant psychoactive effects for recreational purposes.

2. Acute health problems related to the use of mephedrone can occur and it has a potential to cause dependency. Two fatalities have been reported in the EU in which mephedrone appears to be the sole cause of death. In addition, there are at least another 37 deaths in the UK and Ireland in which mephedrone has been detected in post-mortem samples.

3. Mephedrone has no established or acknowledged medical value. There are no indications that it may be used for any other legitimate purposes.

According to Article 8  i of the Council Decision, the Commission shall present to the Council an initiative to have the new psychoactive substance subjected to control measures, or a report justifying why this is not necessary, within six weeks from the date on which it receives the Risk Assessment Report.

Although the conclusive scientific evidence concerning the overall risks of mephedrone is still limited at this stage, a prudent approach should be appropriate.

The objective of this proposal for a Council Decision is to call upon Member States to submit mephedrone 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.

The Commission is requested:

- to adopt the attached proposal for a Council Decision and

- to transmit it to the European Parliament, to the Council and to the National Parliaments, for information.