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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 psychoactive substance.

So far, the following substances have been submitted to control measures:

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.

About the EMCDDA

The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) is the reference point on drugs and drug addiction information in Europe. Inaugurated in Lisbon in 1995, it is one of the EU's decentralised agencies. Read more >>

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Page last updated: Wednesday, 22 March 2017