BETA


2016/0262(NLE) Subjecting the new psychoactive substance methyl 2-[[1-(cyclohexylmethyl)-1Hindole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE FONTANA Lorenzo (icon: ENF ENF)
Committee Opinion ENVI
Lead committee dossier:
Legal Basis:
Treaty on the European Union (after Amsterdam) M 039-p1

Events

2017/03/03
   Final act published in Official Journal
Details

PURPOSE: t o subject the new psychoactive substance MDMB-CHMICA to control measures.

NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2017/369 on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures.

CONTENT: the purpose of the Council's implementing decision is to subject the new psychoactive substance 'MDMB-CHMICA' to control measures throughout the Union.

The risk-assessment report drawn up in accordance with Decision 2005/387/JHA by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), and was subsequently submitted to the Commission and the Council on 28 July 2016 concluded that this psychoactive substance was detected in 23 Member States is a synthetic cannabinoid whose high potency constitutes a high risk of acute toxicity. It is mainly produced in China.

Eight Member States reported 28 deaths and 25 acute intoxications associated with this substance.

MDMB-CHMICA is sold typically as commercial branded ‘legal high’ products in head shops, as well as on the internet as a ‘legal’ replacement for cannabis. It has no established or acknowledged human or veterinary medical use.

Only ten Member States control MDMB-CHMICA under their national drug control legislation, while five Member States use other legislation to control it.

The available evidence and information on the health and social risks that the substance poses provide sufficient grounds for subjecting MDMB-CHMICA to control measures across the Union.

By 4 March 2018 , Member States shall take the necessary measures, in accordance with their national law, to subject the new psychoactive 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.

The United Kingdom is not bound by this Decision.

ENTRY INTO FORCE: 4.3.2017.

2017/02/27
   EP/CSL - Act adopted by Council after consultation of Parliament
2017/02/27
   EP - End of procedure in Parliament
2017/02/14
   EP - Results of vote in Parliament
2017/02/14
   EP - Decision by Parliament
Details

The European Parliament adopted by 491 votes to 16, with 74 abstentions, a legislative resolution on the draft Council implementing decision on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures.

As a reminder, the Council draft aims to subject MDMB-CHMICA (classed as a synthetic cannabinoid receptor agonist) to control measures throughout the EU.

In line with its Committee on Civil Liberties, Justice and Home Affairs, Parliament approved the Council draft .

Documents
2017/02/03
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Lorenzo FONTANA (ENF, IT) on the draft Council implementing decision on subjecting methyl 2-[[1(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures.

The committee recommended the European Parliament to approve the Council draft.

Documents
2017/01/31
   EP - Vote in committee
2017/01/24
   EP - Committee draft report
Documents
2017/01/12
   EP - FONTANA Lorenzo (ENF) appointed as rapporteur in LIBE
2016/10/06
   EP - Committee referral announced in Parliament
2016/09/27
   EC - Legislative proposal published
Details

PURPOSE: to subject methyl 2-[[1- (cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures.

PROPOSED ACT: Council Implementing Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council adopts the act after consulting Parliament but without being obliged to follow its opinion.

BACKGROUND: a risk-assessment report on the new psychoactive substance MDMB-CHMICA was drawn up in accordance with Decision 2005/387/JHA by a special session of the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction, and was subsequently submitted to the Commission and to the Council on 28 July 2016.

MDMB-CHMICA is classed as a synthetic cannabinoid receptor agonist . Cannabinoid receptor agonists are controlled under the 1971 United Nations Convention on Psychotropic Substances. MDMB-CHMICA has been available on the drug market in the Union since at least August 2014 and has been detected in 23 Member States.

Eight Member States have reported a total of 28 deaths and 25 acute intoxications where

MDMB-CHMICA was detected.

Multiple reports have indicated a possibility for violence and aggression as a consequence of its use. In addition, the detection of MDMB-CHMICA in cases of suspected driving under influence indicated a potential for wider risk to public safety. MDMB-CHMICA has no established or acknowledged human or veterinary medical use.

The risk-assessment report reveals that there is limited scientific evidence available on MDMB-CHMICA and points out that further research would be needed. However, the available evidence and information on the health and social risks that the substance poses provide sufficient grounds for subjecting MDMB-CHMICA to control measures across the Union.

CONTENT: the draft Council implementing decision aims to subject MDMB-CHMICA to control measures throughout the EU.

Ten Member States control MDMB-CHMICA under national legislation in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances, and five Member States use other legislative measures to control it.

Subjecting this substance to control measures across the Union would help avoid the emergence of obstacles in cross-border law enforcement and judicial cooperation, and would help protect from the risks that its availability and use could pose.

For further details, please refer to the Commission’s initial legislative proposal of 31.8.2016.

Documents
2016/08/31
   EC - Initial legislative proposal published
Details

PURPOSE: to subject the new psychoactive substance methyl 2-[[1-(cyclohexylmethyl)-1Hindole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: on 26 May 2016, following the request made by the Commission and 13 Member States and pursuant to Council Decision 2005/387/JHA , the Council requested an assessment of the risks caused by the use, manufacture and trafficking of the new psychoactive substance MDMB-CHMICA, the involvement of organised crime and the possible consequences of control measures introduced on this substance.

The risks of MDMB-CHMICA were assessed by the Scientific Committee of the EMCDDA, acting in compliance with the provisions of Council Decision 2005/387/JHA. The risk assessment report was submitted to the Commission and to the Council on 28 July 2016.

The main results of the risk assessment are the following:

MDMB-CHMICA is classed as a synthetic cannabinoid receptor agonist , a chemically diverse group of substances also referred to as synthetic cannabinoids. The substance has been available on the drug market in the European Union since at least August 2014 and has been detected in 23 Member States;

the high potency of MDMB-CHMICA and the highly variable amounts of the compound in "legal high" products constitute a high risk of acute toxicity. Eight Member States have reported a total of 28 deaths and 25 acute intoxications associated with MDMB-CHMICA.

CONTENT: this proposal for a Council Decision aims to call upon the Member States to subject MDMB-CHMICA 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.

Currently ten Member States control MDMB-CHMICA under national legislation complying with the obligations of the 1971 United Nations Convention on Psychotropic Substances and five Member States use other legislative measures to control it.

Subjecting this substance to control measures across the Union would help avoid the emergence of obstacles in cross-border law enforcement and judicial cooperation, and would help protect from the risks that its availability and use can pose.

Documents

Votes

A8-0024/2017 - Lorenzo Fontana - Vote unique #

2017/02/14 Outcome: +: 491, 0: 74, -: 16
DE FR IT PL ES RO CZ BE HU EL SE PT AT BG FI NL GB DK LT IE HR SK LV SI LU EE MT CY
Total
63
59
55
49
42
26
18
17
17
19
14
16
13
13
12
25
38
11
9
10
9
11
8
8
5
5
4
4
icon: PPE PPE
209

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: ALDE ALDE
66

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

United Kingdom ALDE

1

Denmark ALDE

2

Ireland ALDE

For (1)

1

Croatia ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: ECR ECR
65

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

1

Greece ECR

For (1)

1

Bulgaria ECR

1
2

Netherlands ECR

2

Lithuania ECR

1

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

United Kingdom Verts/ALE

Against (1)

6

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: S&D S&D
67

Germany S&D

Abstain (1)

3

France S&D

For (1)

1

Czechia S&D

2

Hungary S&D

Abstain (1)

1

Sweden S&D

Abstain (1)

3

Portugal S&D

For (1)

3

Bulgaria S&D

Abstain (1)

1

Finland S&D

1

Netherlands S&D

3

United Kingdom S&D

For (1)

5

Lithuania S&D

1

Ireland S&D

For (1)

1

Slovakia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Malta S&D

For (1)

1
icon: ENF ENF
40

Germany ENF

For (1)

1

Poland ENF

2

Romania ENF

1

Belgium ENF

For (1)

1

Netherlands ENF

4

United Kingdom ENF

Against (1)

1
icon: GUE/NGL GUE/NGL
41

Germany GUE/NGL

For (1)

1

Portugal GUE/NGL

Abstain (1)

4

Finland GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

United Kingdom GUE/NGL

1

Denmark GUE/NGL

Abstain (1)

1

Ireland GUE/NGL

Abstain (1)

4

Cyprus GUE/NGL

Abstain (1)

2
icon: EFDD EFDD
26

Germany EFDD

Abstain (1)

1

France EFDD

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

United Kingdom EFDD

For (1)

4

Lithuania EFDD

For (1)

1
icon: NI NI
17

Germany NI

For (1)

1

Italy NI

Abstain (1)

1

Poland NI

Against (1)

1

United Kingdom NI

Abstain (1)

3

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.450
New
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events/2/type
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Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/3/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/4/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-8-2017-0024_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-8-2017-0024_EN.html
events/6
date
2017-02-14T00:00:00
type
Decision by Parliament
body
EP
docs
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summary
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type
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body
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docs
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summary
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procedure/Other legal basis
Rules of Procedure EP 159
events/4/docs/0/url
Old
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New
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events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0024
New
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committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: FONTANA Lorenzo date: 2017-01-12T00:00:00 group: Europe of Nations and Freedom abbr: ENF
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2017-01-12T00:00:00
rapporteur
name: FONTANA Lorenzo group: Europe of Nations and Freedom abbr: ENF
commission
  • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
committees
  • type: Responsible Committee body: EP associated: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2017-01-12T00:00:00 rapporteur: name: FONTANA Lorenzo group: Europe of Nations and Freedom abbr: ENF
  • type: Committee Opinion body: EP associated: False committee_full: Environment, Public Health and Food Safety committee: ENVI opinion: False
docs
  • date: 2017-01-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.450 title: PE597.450 type: Committee draft report body: EP
events
  • date: 2016-08-31T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0548/COM_COM(2016)0548_EN.pdf title: COM(2016)0548 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0548 title: EUR-Lex summary: PURPOSE: to subject the new psychoactive substance methyl 2-[[1-(cyclohexylmethyl)-1Hindole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 26 May 2016, following the request made by the Commission and 13 Member States and pursuant to Council Decision 2005/387/JHA , the Council requested an assessment of the risks caused by the use, manufacture and trafficking of the new psychoactive substance MDMB-CHMICA, the involvement of organised crime and the possible consequences of control measures introduced on this substance. The risks of MDMB-CHMICA were assessed by the Scientific Committee of the EMCDDA, acting in compliance with the provisions of Council Decision 2005/387/JHA. The risk assessment report was submitted to the Commission and to the Council on 28 July 2016. The main results of the risk assessment are the following: MDMB-CHMICA is classed as a synthetic cannabinoid receptor agonist , a chemically diverse group of substances also referred to as synthetic cannabinoids. The substance has been available on the drug market in the European Union since at least August 2014 and has been detected in 23 Member States; the high potency of MDMB-CHMICA and the highly variable amounts of the compound in "legal high" products constitute a high risk of acute toxicity. Eight Member States have reported a total of 28 deaths and 25 acute intoxications associated with MDMB-CHMICA. CONTENT: this proposal for a Council Decision aims to call upon the Member States to subject MDMB-CHMICA 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. Currently ten Member States control MDMB-CHMICA under national legislation complying with the obligations of the 1971 United Nations Convention on Psychotropic Substances and five Member States use other legislative measures to control it. Subjecting this substance to control measures across the Union would help avoid the emergence of obstacles in cross-border law enforcement and judicial cooperation, and would help protect from the risks that its availability and use can pose.
  • date: 2016-09-27T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12356%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 12356/2016 summary: PURPOSE: to subject methyl 2-[[1- (cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures. PROPOSED ACT: Council Implementing Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council adopts the act after consulting Parliament but without being obliged to follow its opinion. BACKGROUND: a risk-assessment report on the new psychoactive substance MDMB-CHMICA was drawn up in accordance with Decision 2005/387/JHA by a special session of the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction, and was subsequently submitted to the Commission and to the Council on 28 July 2016. MDMB-CHMICA is classed as a synthetic cannabinoid receptor agonist . Cannabinoid receptor agonists are controlled under the 1971 United Nations Convention on Psychotropic Substances. MDMB-CHMICA has been available on the drug market in the Union since at least August 2014 and has been detected in 23 Member States. Eight Member States have reported a total of 28 deaths and 25 acute intoxications where MDMB-CHMICA was detected. Multiple reports have indicated a possibility for violence and aggression as a consequence of its use. In addition, the detection of MDMB-CHMICA in cases of suspected driving under influence indicated a potential for wider risk to public safety. MDMB-CHMICA has no established or acknowledged human or veterinary medical use. The risk-assessment report reveals that there is limited scientific evidence available on MDMB-CHMICA and points out that further research would be needed. However, the available evidence and information on the health and social risks that the substance poses provide sufficient grounds for subjecting MDMB-CHMICA to control measures across the Union. CONTENT: the draft Council implementing decision aims to subject MDMB-CHMICA to control measures throughout the EU. Ten Member States control MDMB-CHMICA under national legislation in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances, and five Member States use other legislative measures to control it. Subjecting this substance to control measures across the Union would help avoid the emergence of obstacles in cross-border law enforcement and judicial cooperation, and would help protect from the risks that its availability and use could pose. For further details, please refer to the Commission’s initial legislative proposal of 31.8.2016.
  • date: 2016-10-06T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-01-31T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-02-03T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0024&language=EN title: A8-0024/2017 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Lorenzo FONTANA (ENF, IT) on the draft Council implementing decision on subjecting methyl 2-[[1(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures. The committee recommended the European Parliament to approve the Council draft.
  • date: 2017-02-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=28145&l=en title: Results of vote in Parliament
  • date: 2017-02-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0024 title: T8-0024/2017 summary: The European Parliament adopted by 491 votes to 16, with 74 abstentions, a legislative resolution on the draft Council implementing decision on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures. As a reminder, the Council draft aims to subject MDMB-CHMICA (classed as a synthetic cannabinoid receptor agonist) to control measures throughout the EU. In line with its Committee on Civil Liberties, Justice and Home Affairs, Parliament approved the Council draft .
  • date: 2017-02-27T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2017-02-27T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2017-03-03T00:00:00 type: Final act published in Official Journal summary: PURPOSE: t o subject the new psychoactive substance MDMB-CHMICA to control measures. NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2017/369 on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures. CONTENT: the purpose of the Council's implementing decision is to subject the new psychoactive substance 'MDMB-CHMICA' to control measures throughout the Union. The risk-assessment report drawn up in accordance with Decision 2005/387/JHA by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), and was subsequently submitted to the Commission and the Council on 28 July 2016 concluded that this psychoactive substance was detected in 23 Member States is a synthetic cannabinoid whose high potency constitutes a high risk of acute toxicity. It is mainly produced in China. Eight Member States reported 28 deaths and 25 acute intoxications associated with this substance. MDMB-CHMICA is sold typically as commercial branded ‘legal high’ products in head shops, as well as on the internet as a ‘legal’ replacement for cannabis. It has no established or acknowledged human or veterinary medical use. Only ten Member States control MDMB-CHMICA under their national drug control legislation, while five Member States use other legislation to control it. The available evidence and information on the health and social risks that the substance poses provide sufficient grounds for subjecting MDMB-CHMICA to control measures across the Union. By 4 March 2018 , Member States shall take the necessary measures, in accordance with their national law, to subject the new psychoactive 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. The United Kingdom is not bound by this Decision. ENTRY INTO FORCE: 4.3.2017. docs: title: Decision 2017/369 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0369 title: OJ L 056 03.03.2017, p. 0210 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:056:TOC
procedure
reference
2016/0262(NLE)
title
Subjecting the new psychoactive substance methyl 2-[[1-(cyclohexylmethyl)-1Hindole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures
subject
type
NLE - Non-legislative enactments
subtype
Consultation of Parliament
legal_basis
Treaty on the European Union (after Amsterdam) M 039-p1
Modified legal basis
Rules of Procedure EP 159
stage_reached
Procedure completed
dossier_of_the_committee
LIBE/8/08074
final