Anti-Drugs

EU drugs strategy

EU drugs strategy (2013–2020)

It provides the political framework and priorities for EU action in the field of drug policies for the period 2013–2020.
By means of an integrated, balanced and evidence-based approach, it seeks to contribute to:
reducing the demand for drugs;
reducing the supply of illicit drugs;
reducing the health and social risks and harm caused by drugs.

KEY POINTS

The strategy is structured around 2 policy areas:

drug demand reduction,
drug supply reduction.

The strategy is also structured around 3 cross-cutting themes:

coordination,
international cooperation and information,
research, monitoring and evaluation.

The strategy takes account of new and evolving challenges, including:

the emergence and spread of new psychoactive substances (substances that stimulate or depress the central nervous system);
the increasing trend of taking drugs in combination, such as with alcohol and prescription medicines;
the continued high incidence of blood-borne diseases, especially hepatitis C, among drug users and the potential risks of HIV infections;
the continuing high numbers of drug-related deaths within the EU;
changing drug trafficking routes and cross-border organised crime; and
the use of new communication technologies for the supply of illicit drugs and new psychoactive substances.

To meet these challenges, the strategy aims to reduce drug demand and supply by:

improving drug demand reduction measures, including in prisons;
improving the availability and effectiveness of prevention programmes;
investing in effective risk- and harm-reduction measures;
expanding drug treatment, including for non-opioid users, as well as integrated models of mental and physical health care;
strengthening cooperation and coordination between EU countries and law enforcement and judicial authorities to reduce production, smuggling, trafficking, distribution and the sale of illicit drugs;
responding effectively to evolving trends, with special attention to new communication technologies as having a significant role in facilitating drug supply;
reinforcing the EU’s legislative framework in a targeted way for more effective policies;
contributing to a better understanding of the drugs phenomenon and of the impact of interventions in order to further develop policies and actions.

In addition, the strategy sets out priorities for coordination, international cooperation, information, research, monitoring and evaluation.

WHEN DOES THE STRATEGY APPLY?

The strategy covers the period 2013–2020. The EU action plan for drugs 2013–2016 brings the strategy into operation.

The European Commission is currently conducting an assessment of the EU drugs strategy and action plan. A roadmap of the assessment can be consulted online. The results are expected to feed into the future EU drugs action plan 2017–2020.

EU drugs strategy (2013–2020)

RELATED ACTS

EU action plan on drugs (2013–2016) (OJ C 351, 30.11.2013, pp. 1-23)

European Monitoring Centre for Drugs and Drug Addiction

Regulation (EC) No 1920/2006 on the European Monitoring Centre for Drugs and Drug Addiction

It revises and repeals Regulation (EEC) No 302/93 which originally set up the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

It extends the Centre’s role to monitoring aspects such as new trends in drug use, especially poly-drug use (where illegal drugs are taken in combination with legal drugs or medication).

The regulation was amended by Regulation (EU) 2017/2101 as regards information exchange on, and an early warning system and risk assessment procedure for, new psychoactive substances* (NPSs).

The Centre:

supplies the EU institutions and EU countries with objective, reliable and comparable data on drugs and drug addiction;
offers policymakers the data they need to draw up informed drug laws and strategies;
provides professionals and practitioners with
examples of best practice
new areas of research on drugs and the consequences of drug addiction.

Its main objectives are to:

collect and analyse existing data on drugs and drug addiction in the EU and with participating non-EU countries;
compare data to help evaluate national and EU drugs policies;
disseminate data and information on the drugs situation, including data on emerging trends;
cooperate with EU agencies such as Europol and Eurojust or specialised United Nations agencies such as the United Nations Office on Drugs and Crime and with non-EU countries;
share information on, support the early warning system for, and carry out risk assessments of, new psychoactive substances.

Priority areas

The Centre concentrates on:

monitoring the drugs situation and emerging trends, in particular those involving poly-drug use;
monitoring the solutions applied to drug-related problems and facilitating exchanges on best practice among EU countries;
maintaining an early warning system and assessing the risks of new psychoactive substances;
developing tools to help the European Commission and EU countries to monitor and evaluate their respective policies on drugs.

Reitox network

To achieve its main task of providing sound and comparable information on drugs, the EMCDDA has developed a tool to collect national data in a harmonised way through the Reitox network.

Reitox links national drug information systems and is the main means by which the EMCDDA exchanges data and methodological information on drugs and drug addiction in the EU.

Data collected through the Reitox network are also used to:

monitor the implementation of the EU drugs action plans which implement the EU drugs strategy;
help develop recommendations for appropriate national responses for organising treatment, prevention and harm reduction activities.
The network consists of one focal point for each EU country that participates in EMCDDA and a focal point for the Commission.

Strengthened surveillance and risk assessment procedure

Regulation (EU) 2017/2101 requires EU countries to ensure that their national focal points and Europol national units provide the centre with information they collect on NPS.

Working closely with Europol, EMCDDA collects, collates, analyses and assesses the information and sends it rapidly to the national focal points, to the Europol national units, and to the Commission. This ensures they all receive information as quickly as possible for the purposes of early warning and also allows the Centre to draw up the initial report on an NPS where there are concerns that the substance may pose health or social risks EU-wide.

Within 2 weeks of receiving an initial report, the Commission may request the Centre to assess the potential risks posed by the NPS and to prepare a risk assessment report. The Centre must submit the risk assessment report within 6 weeks of the Commission’s request. Based on the risk assessment procedure, the Commission decides whether the NPS in question should be included in the definition of ‘drug’ in accordance with the procedure under Council Framework Decision 2004/757/JHA — Criminal acts and the applicable penalties — drug trafficking.

Organisation and operation

Established in 1993 in Lisbon (Portugal), the centre, which is one of the EU’s decentralised agencies, comprises a Management Board, assisted by:

a Budget Committee;
an Executive Committee; and
a Scientific Committee which delivers opinions on any scientific aspect of the centre’s activities.

The centre maintains close links with the Reitox network’s national focal points and with other partner organisations. It carries out its tasks in line with its strategy which defines the main objectives of its work for a specific period. Its strategy that runs to 2025 and programme for 2018-2020 both aim to contribute to a more secure and a healthier Europe. The programme focuses on:

reviewing and improving the existing drug monitoring tools (complemented by the increased use of innovative approaches to identify, track and monitor new trends);
ongoing implementation of Regulation (EU) 2017/2101 on NPS;
improving the format and content of the annual European Drug Report; and
the release of the next editions of the EMCDDA–Europol EU Drug Markets Report (2019) and the Health and social responses to drug use: a European guide (2020).

The Centre is also scaling up its support for the European school survey project on alcohol and other drugs and over the 3-year period plans to:

implement a new Reitox Development Framework and a new EMCDDA International Cooperation Framework;
enhance its work with priority non-EU countries by implementing Commission-funded technical assistance projects for candidate and potential candidate countries (IPA 6 and IPA 7 projects) and for neighbouring countries (EU4 Monitoring Drugs project) respectively to gain a better understanding of the global dimension of the drug phenomenon

It has applied since 16 January 2007. Regulation (EC) No 1920/2006 revised and replaced Regulation (EEC) No 302/93 (and its subsequent amendments).

Psychoactive substances: a substance, in pure form or in a preparation, that is not covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances but may pose health or social risks similar to those posed by the substances covered by those Conventions. These are substances which affect the mind when ingested.

DOCUMENTS

Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast) (OJ L 376, 27.12.2006, pp. 1-13)

Successive amendments to Regulation (EC) No 1920/2006 have been incorporated into the original document. This consolidated version is of documentary value only.

Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335, 11.11.2004, pp. 8-11)

Criminal acts and the applicable penalties — drug trafficking

Framework Decision 2004/757/JHA — minimum rules in regard to drug trafficking offences and penalties

Its aim is to combat drug trafficking so as to limit the supply and consumption of drugs (defined in ‘Key points’ below).

It lays down minimum rules to be observed and minimum penalties to be applied by EU countries.

It lists punishable acts relating to drug trafficking and obliges EU countries to take measures against those involved in such trafficking.

The Framework Decision has been amended by Directive (EU) 2017/2103 with a view to reducing the availability of new psychoactive substances* by introducing the means to take more effective action at EU level. The amendment becomes fully effective as of 23 November 2018.

Offences

The framework decision requires each EU country to take the necessary measures to penalise all intentional acts relating to the trafficking in drugs and precursors*.

The decision defines a ‘drug’ as a substance covered by the 1961 United Nations (UN) Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 UN Convention on Psychotropic Substances. Once the amendment of the Framework Decision becomes effective in November 2018, the definition of drugs will also include any of the substances listed in the annex of the amended decision.

Acts linked to drug trafficking include production, manufacture, extraction, sale, transport, importation and exportation. Possession and purchase with a view to engaging in activities linked with drug trafficking are also taken into account, as are the manufacture, transport and distribution of precursors. Incitement to drug trafficking, aiding and abetting such activity, and attempting to traffic in drugs are also regarded as offences.

However, this framework decision does not cover activities relating to the trafficking in drugs for personal consumption.Inclusion of new psychoactive substances in the definition of ‘drug’ (applicable as of 23 November 2018).

Directive (EU) 2017/2103 introduces a procedure for including new psychoactive substances in the definition of ‘drug’. The European Commission is given the power to adopt delegated acts to add new psychoactive substances to the list in the annex. This will replace the current practice of scheduling new psychoactive substances through Council Implementing Decision (EU) 2017/2170 under Council Decision 2005/387/JHA.

When considering whether to add a new substance to the list, the Commission must take into account whether:

the extent or patterns of its use and its availability and potential for diffusion within the EU are significant; and
the harm to health its consumption may cause is life-threatening due to
its acute or chronic toxicity and
liability to be abused or potential to cause dependence.
In addition, the Commission must assess whether the social harm caused by the new psychoactive substance to individuals and to society is severe and whether criminal activities, including organised crime, associated with the new psychoactive substance are systematic, involve significant illicit profits or entail significant economic costs.

To support the Commission’s decision-making, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) will prepare a risk assessment report which will address all these elements.

In parallel with the adoption of Directive (EU) 2017/2103, the EU adopted Regulation (EU) 2017/2101 which amends Regulation (EC) No 1920/2006 on sharing information and an early warning system and risk assessment procedures for new psychoactive substances. The regulation will becomes fully effective on 23 November 2018.

Liability of legal persons

EU countries must take measures to ensure that legal persons (for example, businesses) can be held to account for offences linked with trafficking in drugs and precursors, as well as for aiding and abetting, inciting or attempting such activity. The concept of legal persons as used here does not include states and public bodies in the exercise of their powers or public international organisations.

An organisation is liable if the offence is committed by an individual who has a leading position within that organisation. It is also held responsible for shortcomings in supervision or control. However, the liability of legal persons does not exclude criminal proceedings against individuals (natural persons).

Sanctions

EU countries must take the necessary measures to ensure that offences are subject to effective, proportionate and dissuasive penalties.

If an offence is committed in whole or in part within an EU country’s territory, that country must take measures, provided that the offender is one of its nationals or that the offence was committed for the benefit of a legal person established within its territory.

The maximum penalties for drug trafficking offences must be at least between 1 and 3 years’ imprisonment.

However, maximum penalties must be increased to at least 5 to 10 years’ imprisonment in cases where the offence:

involves large quantities of drugs;
involves those drugs that are most harmful to health;
is committed within a criminal organisation.
EU countries must also take the necessary measures to confiscate substances which are the object of offences.

However, penalties may be reduced if the offender renounces his illegal activities and provides information to the administrative or legal authorities that will help identify other offenders.

Sanctions for legal persons must include fines for criminal or non-criminal offences. Other sanctions may also be imposed, including placing the establishment under judicial supervision or closing it temporarily or permanently.

The decision has applied since 12 November 2004.

KEY TERMS

New psychoactive substance: a substance in pure form or in a preparation that is not covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances but may pose health or social risks similar to those posed by the substances covered by those Conventions.
Precursor: any substance listed in EU legislation giving effect to the obligations deriving from Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988.

DOCUMENTS

Successive amendments to Framework Decision 2004/757/JHA have been incorporated in the original text. This consolidated version is of documentary value only.

Council Implementing Decision (EU) 2017/2170 of 15 November 2017 on subjecting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures (OJ L 306, 22.11.2017, pp. 19-20)

Directive (EU) 2017/2103 of the European Parliament and of the Council of 15 November 2017 amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of ‘drug’ and repealing Council Decision 2005/387/JHA (OJ L 305, 21.11.2017, pp. 12-18)

Regulation (EU) 2017/2101 of the European Parliament and of the Council of 15 November 2017 amending Regulation (EC) No 1920/2006 as regards information exchange on, and an early warning system and risk assessment procedure for, new psychoactive substances (OJ L 305, 21.11.2017, pp. 1-7)

Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast) (OJ L 376, 27.12.2006, pp. 1-13)

Monitoring trade in drug precursors between the EU and non-EU countries

Regulation (EU) No 1259/2013 — rules on monitoring trade in drug precursors between the EU and the rest of the world

It strengthens EU rules, originally adopted in 2005 (Regulation (EC) No 111/2005), on the trade with non-EU countries of certain chemical substances that can be used for making illegal synthetic drugs.

KEY POINTS

Drug precursors are chemical substances widely and legally used in medicines, cosmetics, perfumes and other consumer products. However, they can be misused for the illicit manufacture of illegal drugs, such as heroin, cocaine and methamphetamines.

Regulation (EC) No 111/2005 laid down rules for monitoring imports, exports and the transit of drug precursors between the European Union and non-EU countries, implementing Article 12 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

To address certain shortcomings in the legislation, Regulation (EU) No 1259/2013 introduced stricter requirements on:

medicines containing ephedrine and pseudoephedrine*: while legitimate trade in these medicines should not be impeded, stricter measures are needed to prevent their diversion to illicit drug manufacturing (in particular methamphetamine production). Their export must be preceded by an export authorisation and a pre-export notification;
non-scheduled substances*: importing these substances into or exporting them from the EU may be prohibited when there is sufficient evidence that they are intended for illegal drug manufacture.To respond rapidly to new diversion trends, EU countries’ competent authorities and the European Commission may propose adding a substance to a regularly updated list of non-scheduled substances. This enables the industry to monitor their trade.

To improve cooperation and information sharing between the EU countries’ national authorities, a European database on drug precursors has been set up (under Regulation (EC) No 273/2004 on trade within the EU of drug precursors). This database includes, among other things, a register of EU licensed or registered operators and end-users legally trading or using drug precursors.

Regulation (EC) No 111/2005 was further amended in 2015 by Delegated Regulation (EU) 2015/1011. It lays down rules such as:

the conditions for granting licences and registrations to businesses dealing in drug precursors;
the cases — such as pharmacies and dispensaries of veterinary medicines — where licences and registration are not required;
the criteria used to determine the legal purposes of a trade transaction;
the information that businesses must supply to the competent authorities when they export or import the chemical substances.
It has applied since 10 December 2013.

KEY TERMS

Ephedrine and pseudoephedrine: strong nasal-decongestants used in medicines for flu and allergies.
Non-scheduled substances: substances which, although not listed in the annex of Regulation (EC) No 111/2005, is identified as having been used for the illicit manufacture of narcotic drugs or psychotropic substances.

DOCUMENTS

Regulation (EU) No 1259/2013 of the European Parliament and of the Council of 20 November 2013 amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ L 330, 10.12.2013, pp. 30-38)

Commission Delegated Regulation (EU) 2015/1011 of 24 April 2015 supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) No 1277/2005 (OJ L 162, 27.6.2015, pp. 12-25)

Successive amendments to Regulation (EU) 2015/1011 have been incorporated into the original document. This consolidated version is of documentary value only.

Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ L 22, 26.1.2005, pp. 1-10)

Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ L 47, 18.2.2004, pp. 1-10)

Monitoring intra-EU trade in drug precursors

Regulation (EU) No 1258/2013 amends Regulation (EC) No 273/2004, which aims to further prevent illicit trade in certain chemicals that could be used in illegal manufacture of controlled substances and to strengthen existing rules.Regulation (EU) No 1258/2013 of the European Parliament and of the Council of 20 November 2013 amending Regulation (EC) No 273/2004 on drug precursors.

Effective control of chemicals used in the illicit manufacture of narcotics is essential for combating drug trafficking. However many of these chemicals, also known as precursors, are used legitimately in industrial processes, such as the making of perfumes, cosmetics, detergents, and pharmaceuticals. Therefore any laws introduced need to take all these factors into account.

The European Union (EU) adopted Regulation (EC) No 273/2004 to implement its obligations under the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances which requires measures to be taken to monitor the manufacture and distribution of precursors. The framework adopted requires operators, i.e. manufacturers, distributors, brokers, importers, exporters and wholesalers of chemicals engaged in the legitimate trade of drug precursors to take measures against theft, check their customers, detect suspicious transactions and notify the authorities thereof.

Amendment

Regulation (EU) No 1258/2013 amends Regulation (EC) No 273/2004 in order to address weaknesses detected in the EU where large quantities of acetic anhydride (AA), the main drug precursor for heroin, were diverted from the EU internal trade.

Definitions

In the updated regulation, several definitions have been clarified such as the meaning of user, so as to distinguish it from operator.

Operators’ obligations

These include:

obtaining a license from the authorities to possess the substances;
appointing an officer responsible for trade of drug precursors;
declaring the address of the premises where the precursors are manufactured and traded from;
asking customers to sign declarations specifying the use of the substance provided to them.

European Database

The European database on drug precursors, created under Regulation (EC) No 273/2004 should be used to:

simplify the procedure for EU countries to report seizures and stopped shipments;,
maintain a list of EU licensed or registered operators and users legally trading or using drug precursors;
enable operators to provide competent authorities in summary form with information about their transactions involving scheduled substances.

REFERENCES

Regulation (EU) No 1258/2013

Illicit drug trafficking — List of psychoactive substances

Decision 1999/615/JHA on 4-MTA as a new synthetic drug which is to be made subject to control measures and criminal penalties

Decision 2002/188/JHA on control measures and criminal sanctions in respect of the new synthetic drug PMMA

Decision 2003/847/JHA on control measures and criminal sanctions in respect of the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7 and TMA-2

Decision 2008/206/JHA on defining 1-benzylpiperazine (BZP) as a new psychoactive substance which is to be made subject to control measures and criminal provisions

Decision 2010/759/EU on submitting 4-methylmethcathinone (mephedrone) to control measures

Implementing Decision (EU) 2015/1873 on subjecting 4-methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4′-DMAR) and 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45) to control measures

Implementing Decision (EU) 2015/1874 on subjecting 4-methylamphetamine to control measures

Implementing Decision (EU) 2015/1875 on subjecting 4-iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (25I-NBOMe), 3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921), 3,4-methylenedioxypyrovalerone (MDPV) and 2-(3-methoxyphenyl)-2-(ethylamino)cyclohexanone (methoxetamine) to control measures

Implementing Decision (EU) 2015/1876 on subjecting 5-(2-aminopropyl)indole to control measures

Implementing Decision (EU) 2016/1070 on subjecting 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (α-pyrrolidinovalerophenone, α-PVP) to control measures

Implementing Decision (EU) 2017/369 on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures

Implementing Decision (EU) 2017/1774 on subjecting N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryloylfentanyl) to control measures

Implementing Decision (EU) 2017/2170 on subjecting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures

Implementing Decision (EU) 2018/747 on N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures

Implementing Decision (EU) 2018/748 on 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA) to control measures

Implementing Decision (EU) 2018/1463 on N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]cyclopropanecarboxamide (cyclopropylfentanyl) and 2-methoxy-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]acetamide (methoxyacetylfentanyl) to control measures

They aim to establish control measures and criminal penalties against the trafficking of new psychoactive substances (NPS)*.

KEY POINTS

The list of NPS includes:

1.Methylthioamphetamine or 4-Methylthioamphetamine, as referred to in Council Decision 1999/615/JHA.

2.Paramethoxymethylamphetamine or N-methyl-1-(4-methoxyphenyl)-2-aminopropane, as referred to in Council Decision 2002/188/JHA.

3.2,5-dimethoxy-4-iodophenethylamine, 2,5-dimethoxy-4-ethylthiophenethylamine, 2,5-dimethoxy-4-(n)-propylthiophenethylamine and 2,4,5-trimethoxyamphetamine, as referred to in Council Decision 2003/847/JHA.

4.1-benzylpiperazine or 1-benzyl-1,4-diazacyclohexane or N-benzylpiperazine or benzylpiperazine, as referred to in Council Decision 2008/206/JHA.

5.4-methylmethcathinone, as referred to in Council Decision 2010/759/EU.

6.4-methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4′-DMAR) and 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45), as referred to in Council Implementing Decision (EU) 2015/1873.

7.4-methylamphetamine, as referred to in Council Implementing Decision (EU) 2015/1874.

8.4-iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (25I-NBOMe), 3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921), 3,4-methylenedioxypyrovalerone (MDPV) and 2-(3-methoxyphenyl)-2-(ethylamino)cyclohexanone (methoxetamine), as referred to in Council Implementing Decision (EU) 2015/1875.

9.5-(2-aminopropyl)indole, as referred to in Council Implementing Decision (EU) 2015/1876.

10.1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (α-pyrrolidinovalerophenone, α-PVP), as referred to in Council Implementing Decision (EU) 2016/1070.

11. Methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA), as referred to in Council Implementing Decision (EU) 2017/369.

12. N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryloylfentanyl), as referred to in Council Implementing Decision (EU) 2017/1774.

13. N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl), as referred to in Council Implementing Decision (EU) 2017/2170.

14. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA), as referred to in Council Implementing Decision (EU) 2018/747.

15. 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA), as referred to in Council Implementing Decision (EU) 2018/748.

16. N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]cyclopropanecarboxamide (cyclopropylfentanyl), as referred to in Council Implementing Decision (EU) 2018/1463.

17.2-methoxy-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]acetamide (methoxyacetylfentanyl), as referred to in Council Implementing Decision (EU) 2018/1463.

The European Commission can add further NPS to the list by means of a delegated act.

FROM WHEN DO THE DECISIONS APPLY?

Decisions have applied since:

Council Decision 1999/615/JHA

17 September 1999

Council Decision 2002/188/JHA

7 March 2002

Council Decision 2003/847/JHA

7 December 2003

Council Decision 2008/206/JHA

8 March 2008

Council Decision 2010/759/EU

9 December 2010

Council Implementing Decision (EU) 2015/1873

21 October 2015

Council Implementing Decision (EU) 2015/1874

21 October 2015

Council Implementing Decision (EU) 2015/1875

21 October 2015

Council Implementing Decision (EU) 2015/1876

21 October 2015

Council Implementing Decision (EU) 2016/1070

3 July 2016

Council Implementing Decision (EU) 2017/369

4 March 2017

Council Implementing Decision (EU) 2017/1774

30 September 2017

Council Implementing Decision (EU) 2017/2170

23 November 2017

Council Implementing Decision (EU) 2018/747

23 May 2018

Council Implementing Decision (EU) 2018/748

23 May 2018

Council Implementing Decision (EU) 2018/1463

2 October 2018

KEY TERMS

Council Decision 1999/615/JHA of 13 September 1999 defining 4-MTA as a new synthetic drug which is to be made subject to control measures and criminal penalties (OJ L 244, 16.9.1999, p. 1)

Council Decision 2002/188/JHA of 28 February 2002 concerning control measures and criminal sanctions in respect of the new synthetic drug PMMA (OJ L 63, 6.3.2002, p. 14)

Council Decision 2003/847/JHA of 27 November 2003 concerning control measures and criminal sanctions in respect of the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7 and TMA-2 (OJ L 321, 6.12.2003, pp. 64-65)

Council Decision 2008/206/JHA of 3 March 2008 on defining 1-benzylpiperazine (BZP) as a new psychoactive substance which is to be made subject to control measures and criminal provisions (OJ L 63, 7.3.2008, pp. 45-46)

Council Decision 2010/759/EU of 2 December 2010 on submitting 4-methylmethcathinone (mephedrone) to control measures (OJ L 322, 8.12.2010, pp. 44-45)

Council Implementing Decision (EU) 2015/1873 of 8 October 2015 on subjecting 4-methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4′-DMAR) and 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45) to control measures (OJ L 275, 20.10.2015, pp. 32-34)

Council Implementing Decision (EU) 2015/1874 of 8 October 2015 on subjecting 4-methylamphetamine to control measures (OJ L 275, 20.10.2015, pp. 35-37)

Council Implementing Decision (EU) 2015/1875 of 8 October 2015 on subjecting 4-iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (25I-NBOMe), 3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921), 3,4-methylenedioxypyrovalerone (MDPV) and 2-(3-methoxyphenyl)-2-(ethylamino)cyclohexanone (methoxetamine) to control measures (OJ L 275, 20.10.2015, pp. 38-42)

Council Implementing Decision (EU) 2015/1876 of 8 October 2015 on subjecting 5-(2-aminopropyl)indole to control measures (OJ L 275, 20.10.2015, pp. 43-45)

Council Implementing Decision (EU) 2016/1070 of 27 June 2016 on subjecting 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (α-pyrrolidinovalerophenone, α-PVP) to control measures (OJ L 178, 2.7.2016, pp. 18-20)

Council Implementing Decision (EU) 2017/369 of 27 February 2017 on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures (OJ L 56, 3.3.2017, pp. 210-212)

Council Implementing Decision (EU) 2017/1774 of 25 September 2017 on subjecting N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryloylfentanyl) to control measures (OJ L 251, 29.9.2017, pp. 21-22)

Council Implementing Decision (EU) 2018/747 of 14 May 2018 on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures (OJ L 125, 22.5.2018, pp. 8-9)

Council Implementing Decision (EU) 2018/748 of 14 May 2018 on subjecting the new psychoactive substance 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA) to control measures (OJ L 125, 22.5.2018, p.p 10-11)

Council Implementing Decision (EU) 2018/1463 of 28 September 2018 on subjecting the new psychoactive substances N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]cyclopropanecarboxamide (cyclopropylfentanyl) and 2-methoxy-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]acetamide (methoxyacetylfentanyl) to control measures (OJ L 245, 1.10.2018, pp. 9-11)

Lawful transmission of samples of controlled substances

This Decision establishes a system allowing for the lawful transmission of samples of illegal narcotic substances between Member States. By facilitating such exchanges between Member States the Council hopes to increase the effectiveness of the fight against the illicit production and trafficking of drugs.

Council Decision 2001/419/JAI of 28 May 2001 on the transmission of samples of controlled substances.

In accordance with point 43 of the Conclusions of the Tampere European Council and point 4.1.1.4 of the European Union anti-drugs action plan 2000 – 04, and in view of the fact that the fight against drugs is a matter of common concern, this Decision establishes a system for the exchange of samples of controlled products with a view to preventing and detecting criminal offences.

For the purposes of this Decision, “controlled substance” means

any substance, natural or synthetic, mentioned in the 1961 United Nations Convention on Narcotic Drugs, as amended by the 1972 protocol;
any substance mentioned in the 1971 United Nations Convention on Psychotropic Substances;
any substance coming under the scope of the Decision already taken or to be taken on the basis of Joint Action 97/396/JHA concerning the information exchange, risk assessment and the control of new synthetic drugs.

To implement the network, each Member State must designate a national contact point, which is the sole body (if appropriate in association with other relevant national bodies) competent for authorising the transmission of samples under this Decision.

The national contact points of the Member State sending the sample and the Member State receiving the sample must agree on the method of transport. However, each consignment must be accompanied by a transmission form, a model of which is annexed hereto. The following means of transport are regarded as sufficiently secure:

transport by an official of the sending or receiving Member State;
transport by courier;
transport by diplomatic bag;
transport by registered (express) mail.

The sending and receiving States must agree on the use to be made of the sample, it being understood that samples can only be used for prevention, detection, investigation and prosecution of criminal offences. Moreover, the sending State may not dispatch a quantity exceeding the amount required for the work of law enforcement or judicial authorities.

The sending State must keep a copy of every transmission form issued for at least five years.

Implementation of this Decision will be subject to evaluation by the Council after at least two and no more than five years after its entry into force.

For more information, see the entry on the European network of laboratories responsible for profiling synthetic drugs.

References

Decision 2001/419/JAI

Council Recommendation of 30 March 2004 regarding guidelines for taking samples of seized drugs [Official Journal C 86, 06.04.2004].

The Council recommends that Member States apply the guidelines adopted by the European Network of Forensic Science Institutes (ENFSI). These internationally accepted guidelines, which should be applied when samples are taken of drugs seized for analysis, should allow for information to be exchanged on the analysis of these samples and guarantee the chain of custody in the samples transmitted.

List of national contact points referred to in Article 3(1) of the Council Decision of 28 May 2001 on the transmission of samples of controlled substances (2001/419/JAI) [Official Journal C 253 of 22 October 2002].