Annexes to COM(2019)631 - EU position in the Commission on Narcotic Drugs on the scheduling of substances under the Single Convention on Narcotic Drugs and Convention on Psychotropic Substances

Please note

This page contains a limited version of this dossier in the EU Monitor.

Annex to the Framework Decision as amended through Commission Delegated Directive (EU) 2019/369 of 13 December 2018 amending the Annex of Council Framework Decision 2004/757/JHA as regards the inclusion of new psychoactive substances in the definition of ‘drug’, OJ L 66, 7.3.2019, p. 3.
(7) COM(2017) 72 final; COM(2018) 31 final; COM(2018) 862 final.
(8) Adopted by the Council on 7 March 2017, on 27 February 2018, and on 5 March 2019, respectively.
(9) Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraph 64.
(10) Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.
(11) Article 3(7) of the Convention on Narcotic Drugs; Article 2(7) of the Convention on Psychotropic Substances.
(12) See point 29 of the List of Union acts adopted before the entry into force of the Lisbon Treaty in the field of police cooperation and judicial cooperation in criminal matters which cease to apply to the United Kingdom as from 1 December 2014 pursuant to Article 10(4), second sentence, of Protocol (No 36) on transitional provisions (OJ C 430 of 1.12.2014, p. 17).
(13) This proposal concerns establishing the position to be adopted on the Union’s behalf at a meeting that will take place after the United Kingdom withdrawal from the Union, unless the United Kingdom requests a fourth extension of the period under Article 50 of the Treaty, to which the European Council (Article 50) agrees by unanimity. However, at the moment when the Commission adopts its proposal, the United Kingdom is a Member State. Therefore, e.g. references in recitals of the proposal on a number of Member States where given substances were detected cover also the United Kingdom.
(14) United Nations Treaty Series, vol. 978, No. 14152.
(15) United Nations Treaty Series, vol. 1019, No. 14956.
(16) 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, p. 8).
(17) As of 1 January 2020, the following 13 Member States will be members of the CND with the right to vote: Austria, Belgium, Croatia, Czech Republic, France, Germany, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom.
(18) https://www.who.int/medicines/access/controlled-substances/UNSG_letter_42ECDD_recommendations_15Nov19.pdf?ua=1 .
(19) 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 (OJ L 376, 27.12.2006, p. 1).
(20) Mephedrone is controlled on EU-level based on Council Decision 2010/759/EU of 2 December 2010 on submitting 4-methylmethcathinone (mephedrone) to control measures, OJ L 322, 8.12.2010, p.44, included as no 5 in the Annex to Council Framework Decision 2004/757/JHA.
(21) Alpha-PVP is controlled on EU-level based on Council 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 L178, 2.7.2016, p. 18, included as no 10 in the Annex to Council Framework Decision 2004/757/JHA.
(22) Detections of etizolam in deaths and non-fatal intoxications appear to be under-reported to the EMCDDA. According to data from the National Records of Scotland, etizolam has been detected in several hundred deaths in Scotland, United Kingdom, in the past few years, in the context of poly-drug use among high risk opioid users.
(23) The scheduling of medicines may have the consequence of affecting the medical use of these medicines as a medicinal product in its authorised indications, despite its recognised use in clinical practice.
(24) MedDRA version 22.1, EV up to 7 October 2019.