Control measures
Following the risk assessment report, the Council of the European Union may decide, by qualified majority and acting on an initiative presented by the Commission, on the basis of Article 34(2) (c) of the Treaty on European Union, whether to submit the new psychoactive substance to control measures. In case the Commission deems that it is not necessary to present an initiative on submitting the new psychoactive substance to control measures, it presents a report to the Council explaining its views. In such cases, one or more Member States may present an initiative to the Council.
If the Council decides to submit a new psychoactive substance to control measures, Member States shall endeavour to take, within one year from the date of the decision, the necessary measures in accordance with their national law to submit the new psychotropic drug 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; or the new narcotic drug to control measures and criminal penalties as provided under their legislation by virtue of their obligations under the 1961 United Nations Single Convention on Narcotic Drugs.
While the Council decision on the information exchange, risk‑assessment and control of new psychoactive substances provide the European Union with a flexible and rapid mechanism for tackling new psychoactive drugs, it does not prevent any Member State from maintaining or introducing on its territory any national control measure it deems appropriate once it has identified a new synthetic drug (as it was previously the 1997 Joint action).
So far, the following substances have been submitted to control measures:
- The Council of the European Union (Justice and Home Affairs) adopted a Decision defining 4-MTA as a new synthetic drug, on 13 September 1999, which is to be made subject to control measures and criminal penalties' in the EU Member States. Notably, 4-MTA was consequently placed under international control Schedule I of 1971 UN Convention on Psychotropic Substances.
- On 28 February 2002, the Council adopted a Decision concerning control measures and criminal sanctions in respect of the new synthetic drug PMMA in the EU Member States. The Council decision stipulates that, within three months, Member States shall introduce the necessary measures in their national law, in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances
- On its meeting on 27-28 November 2003, the Council of the European Union (on its Justice and Home Affairs meeting) adopted the Decision concerning control measures and criminal sanctions of the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7 and TMA-2. The Decision stipulates that, within three months, Member States shall introduce the necessary measures in their national law, in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
- On 3 March 2008, the Council adopted a Decision defining BZP as a new psychoactive substance to be made subject to control measures and criminal provisions.
- On 2 December 2010, the Council adopted a Decision submitting mephedrone to control measures. The Member States have one year to take the necessary measures, in accordance with their national law, to submit mephedrone to control measures and criminal penalties, as provided for under their legislation complying with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
GHB which was risk assessed by the Scientific Committee was consequently placed under Schedule IV of 1971 UN Convention on Psychotropic Substances.
The European legal database on drugs includes an overview of the various legal classifications of substances, and a comprehensive table of substances controlled by EU Member States.