Decision 2022/391 - EU position in the 65th session of the Commission on Narcotic Drugs on the scheduling of 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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Council Decision (EU) 2022/391 of 3 March 2022 on the position to be taken on behalf of the European Union in the 65th session of the Commission on Narcotic Drugs on the scheduling of 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 2022/391 |
| Regdoc number | ST(2022)5629 |
| Original proposal | COM(2021)807  |
| CELEX number i | 32022D0391 |
| Document | 03-03-2022; Date of adoption |
|---|---|
| Publication in Official Journal | 01-12--1; OJ L 79, p. 27–30 |
| Effect | 07-03-2022; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 07-03-2022 |
9.3.2022 |
EN |
Official Journal of the European Union |
L 79/27 |
COUNCIL DECISION (EU) 2022/391
of 3 March 2022
on the position to be taken on behalf of the European Union in the 65th session of the Commission on Narcotic Drugs on the scheduling of 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 may decide to add substances to the Schedules of that Convention. It can make changes to the Schedules only in accordance with recommendations of the World Health Organisation (WHO), but it can also decide not to make 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 Commission on Narcotic Drugs may decide to add substances to the Schedules of that Convention or to remove them, on the basis of recommendations of the WHO. It has broad discretionary powers to take into account economic, social, legal, administrative and other factors, but may not act arbitrarily. |
(5) |
Changes to the Schedules of the Convention on Narcotic Drugs and 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. Thus, any change to the Schedules annexed to those Conventions is directly incorporated into common Union rules. |
(6) |
The Commission on Narcotic Drugs is to decide, during its 65th session scheduled for 14 to 18 March 2022 in Vienna, on the addition of three new substances to the Schedules of the Convention on Narcotic Drugs and 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 with no voting rights in the Commission on Narcotic Drugs, of which 12 Member States are members with the right to vote at its 65th session (2). It is necessary for the Council to authorise those Member States to express the position of the Union on the scheduling of substances under those Conventions, since such decisions on the addition of new substances to their Schedules fall under the competence of the Union. |
(8) |
The WHO has recommended the addition of two new substances to Schedule I of the Convention on Narcotic Drugs and one new substance to Schedule II of the Convention on Psychotropic Substances. |
(9) |
All substances reviewed by the WHO Expert Committee on Drug Dependence (the ‘Expert Committee’) and recommended for scheduling by the WHO are monitored by the European Monitoring Centre for Drugs and Drug Addiction as new psychoactive substances under the terms of Regulation (EC) No 1920/2006 of the European Parliament and of the Council (3). |
(10) |
According to the assessment by the Expert Committee, brorphine (chemical name: 1-{1-[1-(4-bromophenyl)ethyl]piperidin-4-yl}-1,3-dihydro-2H-benzimidazol-2-one) is a synthetic opioid similar to other synthetic opioids such... |
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