Decision 2021/3 - EU position at the reconvened sixty-third session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971 - Main contents
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official title
Council Decision (EU) 2021/3 of 23 November 2020 on the position to be taken, on behalf of the European Union, at the reconvened sixty-third session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2021/3 |
| Original proposal | COM(2020)659  |
| CELEX number i | 32021D0003 |
| Document | 23-11-2020; Date of adoption |
|---|---|
| Publication in Official Journal | 07-01-2021; OJ L 4 p. 1-6 |
| Effect | 07-01-2021; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 07-01-2021; {titleAndReference.draft.disclaimer.new|http://publications.europa.eu/resource/authority/fd_365/titleAndReference.draft.disclaimer.new} |
7.1.2021 |
EN |
Official Journal of the European Union |
L 4/1 |
COUNCIL DECISION (EU) 2021/3
of 23 November 2020
on the position to be taken, on behalf of the European Union, at the reconvened sixty-third session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The United Nations (UN) Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol (the ‘Convention on Narcotic Drugs’), entered into force on 8 August 1975. |
(2) |
Pursuant to Article 3 of the Convention on Narcotic Drugs, the Commission on Narcotic Drugs (CND) may decide to add substances to the Schedules of that Convention. It can make changes to the Schedules only in accordance with the recommendations of the World Health Organization (WHO), but it can also decide not to make the changes recommended by the WHO. |
(3) |
The UN Convention on Psychotropic Substances of 1971 (the ‘Convention on Psychotropic Substances’) entered into force on 16 August 1976. |
(4) |
Pursuant to Article 2 of the Convention on Psychotropic Substances, the CND may decide to add substances to the Schedules of that Convention or to remove them, on the basis of the recommendations of the WHO. The CND has broad discretionary powers to take into account economic, social, legal, administrative and other factors, but it may not act arbitrarily. |
(5) |
Changes to the Schedules of the Convention on Narcotic Drugs and of the Convention on Psychotropic Substances have direct repercussions on the scope of application of Union law in the area of drug control. Council Framework Decision 2004/757/JHA (1) applies to substances listed in the Schedules of those Conventions. Therefore, any change to the Schedules of those Conventions is directly incorporated into common Union rules. |
(6) |
The CND, at its reconvened sixty-third session, which is scheduled to take place from 2 to 4 December 2020 in Vienna, is to adopt decisions concerning cannabis and cannabis-related substances, which are already being controlled on the basis of the Convention on Narcotic Drugs or the Convention on Psychotropic Substances. |
(7) |
The Union is not a party to the Convention on Narcotic Drugs or the Convention on Psychotropic Substances. It has an observer status in the CND, where 12 Member States are members with the right to vote at its reconvened sixty-third session. It is therefore necessary for the Council to authorise those Member States to express the position of the Union on the scheduling of substances under the Convention on Narcotic Drugs and the Convention on Psychotropic Substances since decisions on the international scheduling of substances under those Conventions fall within the competence of the Union. |
(8) |
On 24 January 2019, the WHO issued six recommendations following the critical review at the 41st meeting of its Expert Committee on Drug Dependence (the ‘WHO Expert Committee’) concerning cannabis and cannabis-related substances. Those recommendations do not aim to authorise the recreational use of cannabis or cannabis-related substances. |
(9) |
According to the assessment of the WHO Expert Committee, cannabis and cannabis resin are not particularly liable to produce ill-effects similar to the effects of the other substances in Schedule IV of the Convention on Narcotic Drugs. In addition, oral preparations of cannabis... |
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