Establishment of interim controls on the importation and exportation of Benzylpiperazine (BZP) (19.09.08)

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A decision made (19.09.08) to approve the establishment of interim controls on the importation and exportation of Benzylpiperazine (BZP)

Decision Reference: MD-HA-2008-0064
Decision Summary Title :	Interim controls on the importation and exportation of Benzylpiperazine (BZP)		Date of Decision Summary:	9th September 2008
Decision Summary Author:	David A J Nurse Director, Legal Status and Revenue, C&I		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Interim controls on the importation and exportation of Benzylpiperazine (BZP)		Date of Written Report:	9th September 2008
Written Report Author:	David A J Nurse Director, Legal Status and Revenue, C&I		Written Report : Public or Exempt?	Public
Subject: The Minister approved the establishment of interim controls on the importation and exportation of 1-benzylpiperazine (also known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine or — less precisely — as benzylpiperazine or BZP) under the Customs and Excise (Import and Export Control) (Jersey) Order 2006 which was made in pursuance of Article 19 and 73 of the Customs and Excise (Jersey) Law 1999.
Decision(s): The Minister determined that the Head of Customs and Immigration, acting in his capacity as Agent of the Impôts, should add 1-benzylpiperazine (also known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine or — less precisely — as benzylpiperazine or BZP) to the list of goods in the Open General Import Licence that require a specific Import licence and to the list of goods in the Open General Export Licence that require a specific Export licence.
Reason(s) for Decision: This decision is made to establish interim controls on the importation and exportation of 1-benzylpiperazine (also known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine or — less precisely — as benzylpiperazine or BZP)
Resource Implications: There are no financial or manpower implications to the Home Affairs department, resulting from this decision.
Action required: The Executive Officer, Home Affairs to inform Head of the Customs and Immigration Service of the decision so that he can implement the changes. The Customs and Immigration Service to place a Gazette notice in the Jersey Evening Post advising the public of the changes.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Establishment of interim controls on the importation and exportation of Benzylpiperazine (BZP) (19.09.08)

Interim controls on the importation and exportation of Benzylpiperazine (BZP)

1. Background

The Customs and Immigration Service has recently received enquiries regarding the legal status concerning the importation of Benzylpiperazine (BZP) for commercial sale locally as a ‘legal high’.

BZP is a synthetic substance. It was first reported in the European Union in 1999. Like amphetamine and methamphetamine, BZP is a central nervous system stimulant, but with a much lower potency (around 10 % of that of d-amphetamine).

The Service has established that BZP is not currently a controlled drug but falls within the definition of a medicinal product and is therefore subject to medicines legislation.

As it is not licensed it follows that importation for onward sale would contravene the Medicines (Jersey) Law 1995. Also, it is the opinion of the Chief Pharmacist that the sale or supply of an unlicensed medicinal product from premises which are not a registered pharmacy would also contravene medicines legislation.

Whilst the medicines legislation prohibits the commercial importation and sale of BZP without a licence it does not allow for the control of importations of a non-commercial nature.

In March 2008 the Council of the European Union, under decision 2008/206/JHA, decided that Member States shall take the necessary measures, in accordance with their national law, to submit 1-benzylpiperazine (also known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine or — less precisely — as benzylpiperazine or BZP) to control measures proportionate to the risks of the substance, and criminal penalties, as provided for under their legislation complying with their obligations under the 1971 United Nations Convention on Psychotropic Substances.

Whilst this decision is not binding to the Channel Islands, Guernsey authorities have recently introduced a prohibition on import and export of BZPs (without a licence) under The Import and Export of Goods (Control) (Guernsey) (Amendment) Order 2007. Additionally they also added BZPs to the schedules of their Open General Import and Export Licences. Therefore in Guernsey any import or export, from or to anywhere is now controlled.

It is the opinion of the Chief Pharmacist that having regard to the EU Council decision the Misuse of Drugs Advisory Council will recommend that BZP be made a controlled drug, however following consultation with colleagues he has requested that in the interim period all importations of BZP should be made subject to a licensing requirement.

2. Conclusion

Any goods can be made subject to a licensing regime either:

By Order of the Minister

or,

By the Head of the Customs and Immigration Service, acting in his capacity as Agent of the Impôts, adding the goods to the list in the Open General Import Licence that require a specific import licence and to the list in the Open General Export Licence that require a specific Export licence.

3. Recommendation

In order to achieve a control on the importation and exportation of BZP as quickly as possible the Customs and Immigration Service recommends to the Minister that ‘option b’ above is undertaken.

If the Minister is in agreement the Head of the Customs and Immigration Service, acting in his capacity as Agent of the Impôts, will add 1-benzylpiperazine (also known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine or — less precisely — as benzylpiperazine or BZP) to the list of goods in the Open General Import Licence that require a specific import licence and to the list of goods in the Open General Export Licence that require a specific Export licence.

4. Resource Implications

Should the Minister agree to the recommendation for interim controls to be put in place by the Head of Service on the importation and exportation of BZP there are no financial or manpower implications for the States of Jersey

David A J Nurse

Director, Legal Status and Revenue

Customs and Immigration Service

9th September 2008