Subjecting 5-(2-aminopropyl)indole to control measures

PURPOSE: to subject 5-(2-aminopropyl)indole to control measures.

NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2015/1876 on subjecting 5-(2-aminopropyl)indole to control measures.

CONTENT: the Council adopted an implementing decision on subjecting the new psychoactive substance 5-(2-aminopropyl)indole to control measures.

The substance 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 which has been detected in samples of a product sold as a ‘legal high’ called ‘Benzo Fury’, and in tablets resembling ecstasy.

The implementing Decision implements Decision 2005/387/JHA that confers upon the Council implementing powers with a view to giving a quick and expertise-based response at Union level to the emergence of new psychoactive substances detected and reported by the Member States, by subjecting those substances to control measures across the Union.

A risk assessment report on the new psychoactive substance 5-(2-aminopropyl)indole was drawn up in accordance with Decision 2005/387/JHA by the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). The report revealed that there is limited scientific evidence available on 5-(2-aminopropyl)indole and pointed out that further research would be needed to determine the health and social risks that it poses.

However, 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.

As of the day of entry into force of this Decision, Decision 2013/496/EU ceases to produce effects, without prejudice to the obligations of the Member States relating to the time limit for subjecting 5-(2-aminopropyl)indole to control measures and criminal penalties in their national laws.

The United Kingdom is not bound by Decision 2005/387/JHA and is therefore not taking part in the adoption of this Decision, which implements Decision 2005/387/JHA, and is not bound by it or subject to its application.

ENTRY INTO FORCE: 21.10.2015.