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 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, in 2001, 4-MTA was placed under international control, in Schedule I of 1971 UN Convention on Psychotropic Substances.
• In 2001, GHB was placed under international control, in Schedule IV of the 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. 
• On 8 October 2015, the Council adopted a Implementation Decision submitting 4-methylamphetamine (4-MA) to control measures. The Member States have one year to take the necessary measures, in accordance with their national law, to submit 4-MA 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.
• On 8 October 2015, the Council adopted a Implementation Decision submitting 5-(2-aminopropyl)indole (5-IT) to control measures. The Member States have one year to take the necessary measures, in accordance with their national law, to submit 5-IT 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.
• On 8 October 2015, the Council adopted a Implementation Decision submitting 25I-NBOMe, AH-7921, MDPV and methoxetamine to control measures. The Member States have one year to take the necessary measures, in accordance with their national law, to submit 25I-NBOMe, AH-7921, MDPV and methoxetamine 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.
• On 8 October 2015, the Council adopted a Implementation Decision submitting 4-methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4′-DMAR) and 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45) to control measures. The Member States have one year to take the necessary measures, in accordance with their national law, to submit 4-methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4′-DMAR) and 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45) 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.
• On 27 June 2016, the Council adopted a Implementation Decision submitting 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (α-pyrrolidinovalerophenone, α-PVP) to control measures . The Member States have one year to take the necessary measures, in accordance with their national law, to submit 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (α-pyrrolidinovalerophenone,   α-PVP) 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.
• In 2016, acetylfentanyl was placed under international control, in Schedule I and Schedule IV of the 1961 UN Single Convention on Narcotic Drugs.
• On 27 February 2017, the Council adopted a Implementation Decision submitting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures. As soon as possible, but no later than by 4 March 2018, Member States shall take the necessary measures, in accordance with their national law, to subject the substance to control measures and criminal penalties, as provided for under their legislation, in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
• On 25 September 2017 the Coundil adopted a Implementation Decision submitting N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryloylfentanyl) to control measures. By 30 September 2018, Member States shall take the necessary measures in accordance with their national law to subject the new psychoactive substance referred to in Article 1 to control measures and criminal penalties, as provided for under their legislation, in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
• On 15 November 2017 the Coundil adopted a Implementing Decision submitting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures. By 19 November 2018 Member States shall take the necessary measures, in accordance with their national law, to subject the new psychoactive substance referred to in Article 1 to control measures and criminal penalties, as provided for under their legislation, in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
• On 14 May 2018 the Council adopted a Implementing Decision (EU) 2018/747 of 14 May 2018 on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) and  1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA) to control measures. By 23 May 2019, Member States shall take the necessary measures, in accordance with their national law, to subject ADB-CHMINACA and CUMYL-4CN-BINACA  to control measures and criminal penalties, as provided for under their legislation, in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
• In 2018, acryloylfentanyl, furanylfentanyl, 4-fluoroisobutyrylfentanyl, and tetrahydrofuranylfentanyl were added to Schedule I of the Single Convention on Narcotic Drugs of 1961; carfentanil was added to Schedule I and Schedule IV of the Single Convention on Narcotic Drugs of 1961; and AB-CHMINACA, and 5F-MDMB-PINACA were added to Schedule II of the Convention on Psychotropic Substances of 1971.
• On 28 September 2018 the Council adopted a Implementation Decision (EU) 2018/1463 on subjecting the new psychoactive substances N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl] cyclopropanecarboxamide (cyclopropylfentanyl) and 2-methoxy-N-phenyl-N-[1-(2-phenylethyl) piperidin-4-yl]acetamide (methoxyacetylfentanyl) 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.