Explanatory Memorandum to COM(2014)362 - Subjecting a range of psychoactive substances to control measures - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)362 - Subjecting a range of psychoactive substances to control measures. |
|---|---|
| source | COM(2014)362  |
| date | 16-06-2014 |
The Council Decision 2005/387/JHA on the information exchange, risk-assessment and control of new psychoactive substances[1] provides for a three-step procedure that may lead to the submission of a new psychoactive substance to control measures across the Union.
On 28 January 2014, pursuant to Article 6(1) of the above-mentioned Council Decision, the Council requested an assessment of the risks caused by the use, manufacture and trafficking of the new psychoactive substances 25I-NBOMe, AH-7921, MDPV and methoxetamine, the involvement of organised crime and the possible consequences of control measures introduced on these substances.
The risks of 25I-NBOMe, AH-7921, MDPV and methoxetamine were assessed by the Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), acting in compliance with the provisions of Article 6(2), (3) and i of the Council Decision. The Chair of the Scientific Committee submitted the risk assessment report to the Commission and to the Council on 23 April 2014.
The main results of the risk assessment are the following:
· 25I-NBOMe is a derivative of 2C-I, a known synthetic derivative of phenethylamine with stimulant and hallucinogenic properties, subjected to risk assessment and control measures in 2003. It has been available on the EU drug market since at least May 2012 and has been detected in 23 Member States and Norway. There have been four deaths associated with 25I-NBOMe registered in three Member States. Severe toxicity associated with its use has been reported in four Member States, which notified 32 non-fatal intoxications. Information from seizures and collected samples suggest that 25I-NBOMe is being sold on the illicit market as LSD.
· AH-7921 is a structurally atypical synthetic opioid analgesic, which has been available in the EU since at least July 2012 and has been detected in eight Member States and Norway. There have been 15 deaths associated with AH-7921, all occurred in three Member States within a limited period, between December 2012 and September 2013. Severe toxicity was reported by one Member State, where six non-fatal intoxications occurred. AH-7921 appears to be sold by Internet retailers since 2011, advertised as research chemical or legal opioid.
· MDPV is a ring substituted synthetic derivative of cathinone, chemically related to pyrovalerone, which are both subject to control under the 1971 United Nations Convention on Psychotropic Substances. There have been 108 fatalities registered in eight Member States and Norway between September 2009 and August 2013, where MDPV has been detected in post-mortem biological samples or implicated in the cause of death. Eight Member States reported 525 non-fatal intoxications associated with MDPV. MDPV has been present in the EU drug market since November 2008. Multi-kilogram seizures of MDPV were reported in 27 Member States, Norway and Turkey. It is mainly sold as a substance of its own right and it is widely available from Internet suppliers and retailers, head shops and street level dealers.
· Methoxetamine is an arylcyclohexylamine substance, chemically similar to ketamine and phencyclidine (PCP). Like ketamine and PCP, methoxetamine has dissociative properties. Some 20 deaths associated with methoxetamine were reported by six Member States that detected the substance in post-mortem samples. Used alone or in combination with other substances, methoxetamine was also detected in 20 non-fatal intoxications reported by five Member States. Twenty three Member States, as well as Turkey and Norway reported detections of methoxetamine, since November 2010. Information suggests that methoxetamine is sold and used as a substance in its own right, but also as a ‘legal’ replacement for ketamine by Internet retailers, head shops and street-level drug dealers.
Pursuant to Article 8(1) of Council Decision 2005/387/JHA, within six week from the date of receipt of the risk assessment report, the Commission shall present to the Council either an initiative to subject the new psychoactive substances to control measures across the Union, or a report explaining its views on why such an initiative is not deemed necessary.
Although the scientific evidence concerning the overall risks of 25I-NBOMe, AH-7921, MDPV and methoxetamine is limited at this stage, the Commission considers that there are grounds for subjecting these substances to control measures across the Union. The main reason is that, according to the information available from the risk assessment reports, the acute toxicity of 25I-NBOMe, AH-7921, MDPV and methoxetamine is such that it can cause severe harms to the health of individuals. Moreover, the risks are heightened by the fact that these substances have been reported, in some cases, to be consumed unknowingly by certain users together with or instead of other stimulant substances.
2. OBJECTIVE OF THE PROPOSAL
The objective of this proposal for a Council Decision is to call upon the Member States to subject 25I-NBOMe, AH-7921, MDPV and methoxetamine 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.