The production of illicit drugs such as heroin, cocaine and amphetamines requires the use of certain chemicals. These chemicals are called drug precursors.
A logical way to stop the production of illicit drugs is to prevent drug producers from getting their hands on such drug precursors. This is precisely what drug precursor legislation aims to achieve.
Rationale
Drug precursor policy is a key component of the drug supply reduction policy in the EU.
Preventing legally traded drug precursors from being diverted into the illegal circuit helps the fight against illicit drugs, as it reduces the amount of available chemicals necessary to make the drugs. Combating drug precursors' diversion and trafficking is therefore an important objective of the EU Drugs Strategy 2021-2025.
See: More information on EU drug policy
Examples
Used in many industrial processes for the production of plastics, textiles, dyes, photochemical agents, perfumes, explosives and cigarette filters. It is also an important reaction agent for the illicit production of heroin. For the production of 1kg of heroin, 1 to 1.5 litre of AA is required.
Ephedrine or Pseudo-ephedrine – known legal use
Strong nasal-decongestants legally used to manufacture medicinal products against colds or allergies. They are also key products used in the illicit production of methamphetamine. Only 1.5 kg of ephedrine/pseudoephedrine is needed to obtain 1 kg of methamphetamine.
Alpha-phenylacetoacetonitrile (APAAN) - no known legal use
A substance which has no known legal use but is frequently used in the production of illicit amphetamines.
Given the wide range of legitimate uses of drug precursors, their trade cannot be prohibited. Therefore, EU legislation aims to strike a balance between the necessary control to prevent diversion of drug precursors and the facilitation of trade to avoid creating unnecessary administrative burdens.
Categories of precursors
At the EU level, drug precursors are ‘scheduled’ (controlled) into four categories.
| Categories | |
|---|---|
| Category 1 The most sensitive substances, from which illicit drugs can be produced most easily | Category 2
|
| Category 3 Bulk chemicals with various uses in manufacturing (feedstock, solvents etc.) | Category 4 Medicinal products for human and veterinary use containing ephedrine or pseudoephedrine |
Designer precursors
Until recently, drug precursors were also legally used to produce legitimate products such as pharmaceuticals, plastics, cosmetics, fertilisers and perfumes. In the past, drug precursor legislation was focused on monitoring legal trade so as to prevent the diversion of drug precursors to illicit drug manufacturing.
However, illegal drug producers in the EU are increasingly using so-called ‘designer precursors’. Designer precursors are close chemical relatives of traditional drug precursors, are purpose-made to circumvent controls and usually do not have any known legitimate use.
This presents new challenges for the authorities in the European Union as traditional prevention of diversion is ineffective to address the trafficking of designer precursors.
Legislation
Regulation (EC) No 273/2004 on trade in drug precursors within the EU and Regulation (EC) No 111/2005 on trade in drug precursors between EU and third countries are the two main pieces of legislation on drug precursors.
See: table of guidelines for main features of relevance to operators
On 30 November 2020, the European Commission published an Evaluation of the EU drug precursors regulations. The European Commission is currently analysing possible options to address the challenges and shortcomings identified in the evaluation.
Tools to support legislation
The European Commission, in cooperation with EU countries’ competent authorities and industry representatives, has developed practical tools to support the implementation of EU legislation on drug precursors.
Guidelines for operators provide practical guidance for the implementation of the main provisions of EU legislation on drug precursors. However, given their sensitive nature, they are only distributed by the competent authorities to trusted operators known to them.
See: list of countries of destination for exports of scheduled substances of Categories 2 and 3
International cooperation
The diversion of drug precursors is a global phenomenon and thus requires a global response. This is why international cooperation is essential to address the issue.
The basis for precursor control is the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted in Vienna on 19 December 1988.
Article 12 of the Convention specifically covers ‘substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances’ and requires that countries implement measures to control and monitor the legitimate trade in drug precursors as an essential way to prevent their diversion.
International Narcotic Control Board (INCB)
INCB is an independent and quasi-judicial monitoring body of the UN in charge of monitoring, among others, the implementation of the 1988 UN Convention. It has also developed useful tools to further international cooperation, namely the Pre-Export Online system (PEN-Online) and the Precursor Incident Communication System (PICS).
Further information on the INCB and in particular on the work carried out by its Precursors Control Section can be found on INCB's website.
Agreements with non-EU countries
The EU has concluded bilateral agreements with certain third countries to prevent drug precursors' diversion by monitoring illicit trade. At present, the EU has 11 such agreements: Bolivia, Chili, China, Colombia, Ecuador, Mexico, Peru, Russia, Turkey, the United States, and Venezuela.
These agreements provide for cooperation in trade monitoring and mutual administrative assistance (exchange of information). Furthermore, they offer the possibility to exchange information on trends and modus operandi in precursors' diversion and trafficking and to identify adequate solutions in tackling these challenges.
In addition, the EU concludes trade or association agreements with third countries, containing general provisions on combatting illicit drugs, including the prevention of diversion of drug precursors. These provisions create a legal basis for international cooperation on drug precursors.
E-learning courses
Courses for operators and customs officers support the implementation of EU legislation and ensure the dissemination of good practices throughout the EU. These courses are used in administrations and businesses as training material or individually as self-training.
The courses provide specific information to operators about the methods to identify suspicious transactions and orders at an early stage. They also assist customs officers on how to target suspicious consignments for controls.
Customs & Tax EU Learning Portal
Legal texts
- Regulation (EC) No 273/2004 on trade in drug precursors within the EU
- Regulation (EC) No 111/2005 on trade in drug precursors between EU and third countries
- Commission Delegated Regulation (EU) No 2015/1011
- Commission Implementing Regulation (EU) No 2015/1013
- Commission Delegated Regulation (EU) No 2016/1443 and information note
- Commission Delegated Regulation (EU) 2018/729
- Commission Delegated Regulation (EU) 2020/1737
- Corrigendum to Commission Delegated Regulation (EU) 2020/1737
- Commission Delegated Regulation (EU) 2022/1518
- Commission Delegated Regulation (EU) 2023/196
- Commission Delegated Regulation (EU) 2024/1331