BETA


2017/0340(NLE) Subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE PAGAZAURTUNDÚA Maite (icon: ALDE ALDE) HORTEFEUX Brice (icon: PPE PPE), HEDH Anna (icon: S&D S&D), ANDERSON Martina (icon: GUE/NGL GUE/NGL)
Lead committee dossier:

Events

2018/05/22
   Final act published in Official Journal
Details

PURPOSE: to subject the new psychoactive substance ADB-CHMINACA to control measures.

NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2018/747 on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures.

CONTENT: the aim of the Council's implementing decision is to subject the new psychoactive substance 'ADB-CHMINACA' to control measures throughout the Union .

The risk assessment report drawn up under Decision 2005/387/JHA by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and forwarded to the Commission and the Council on 14 November 2017 concludes that this psychoactive substance detected in 11 Member States is a synthetic cannabinoid with similar effects to THC, which is responsible for the main psychoactive effects of cannabis, but whose toxicity is potentially fatal. It is produced by chemical companies in China.

Three Member States reported 13 deaths related to ADB-CHMINACA. In at least nine cases, ADB-CHMINACA caused the death or is likely to have contributed to it. In addition, one Member State reported three acute non-fatal intoxications associated with the substance.

Only 13 Member States control ADB-CHMINACA under their national drug control legislation, while four other Member States use other legislative measures to control it.

The available evidence and information on the health and social risks posed by this substance is sufficient reason to subject ADB-CHMINACA to control measures throughout the Union.

The Decision provides that by 23 May 2019 at the latest, Member States shall subject the new psychoactive substance to the 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: 23.5.2018.

2018/05/14
   EP/CSL - Act adopted by Council after consultation of Parliament
2018/05/14
   EP - End of procedure in Parliament
2018/05/14
   CSL - Council Meeting
2018/05/03
   EP - Results of vote in Parliament
2018/05/03
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 607 votes to 11, with 28 abstentions a legislative resolution on the draft Council implementing decision on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures.

The European Parliament approved the Council draft which aims to subject the new psychoactive substance ADB-CHMINACA to the control measures and criminal penalties provided for by Member States’ legislation, in accordance with their obligations under the United Nations Single Convention on Narcotic Drugs of 1971.

Documents
2018/04/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Maite PAGAZAURTUNDÚA RUIZ (ALDE, ES) on the draft Council implementing decision on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures.

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

Documents
2018/03/27
   EP - Vote in committee, 1st reading/single reading
2018/02/28
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/02/19
   EP - PAGAZAURTUNDÚA Maite (ALDE) appointed as rapporteur in LIBE
2018/02/14
   EP - Committee draft report
Documents
2018/02/02
   EC - Legislative proposal published
Details

PURPOSE: to subject the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures.

PROPOSED ACT: Council Implementing 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: the risk assessment report on ADB-CHMINACA prepared by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and sent to the Commission and the Council on 14 November 2017 concludes that this substance - available in the Union since at least August 2014 and detected in 17 Member States - is a synthetic cannabinoid with similar effects to those of THC, but with additional life-threatening toxicity. More than 630 seizures have been made within the Union.

ADB-CHMINACA is typically sold in small and wholesale amounts in head shops, branded as a legal high as smoking mixtures or as powder, as well as on the internet, branded as a legal replacement for cannabis. It has no recognised human or veterinary medical use in the Union.

Three Member States have reported 13 deaths associated with ADB-CHMINACA. In addition, one Member State reported three acute non-fatal intoxications associated with the substance.

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

CONTENT: the draft Council decision aims to subject the new psychoactive substance ADB-CHMINACA to the control measures and criminal penalties provided for by Member States ‘legislation, in accordance with their obligations under the United Nations Single Convention on Narcotic Drugs of 1971.

For more details, see the summary of the Commission's initial legislative proposal dated 18.12.2017.

Documents
2017/12/18
   EP - Preparatory document
Details

PURPOSE: to subject the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures.

PROPOSED ACT: Council Implementing Decision.

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

BACKGROUND: on 15 September 2017, following the request made by the Commission and seven Member States and pursuant to Council Decision 2005/387/JHA on the information exchange, risk-assessment and control of new psychoactive substances, the Council requested an assessment of the risks caused by the use, manufacture and trafficking of the new psychoactive substance ADB-CHMINACA, the involvement of organised crime and the possible consequences of control measures introduced on this substance.

A risk assessment report on the new psychoactive substance was drawn up by the Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), and was subsequently submitted to the Commission on 14 November 2017.

The main results of the risk assessment are the following:

ADB-CHMINACA is a synthetic cannabinoid . It shows similar effects to THC, which is responsible for the major psychoactive effects of cannabis, but with additional life-threatening toxicity. It is typically sold in small and wholesale amounts branded as ‘legal-high’ smoking mixtures and as powder in head shops as well as on the internet as ‘legal’ replacements for cannabis. It may also be sold directly on the illicit drug market; the substance has been available in the European Union since at least August 2014 and has been detected in 17 Member States. More than 630 seizures have been made within the European Union. 13 deaths associated with ADB-CHMINACA have been reported by three Member States. In at least nine deaths ADB-CHMINACA was the cause of death or is likely to have contributed to the death.

This substance has no recognised human or veterinary medical use in the Union nor, it appears, elsewhere. There are no indications that it may be used for any other purpose aside from as an analytical reference standard and in scientific research.

The risk assessment report reveals that many of the questions related to ADB-CHMINACA could be answered through further research. However, the available evidence and information on the health and social risks that the substance poses provides sufficient ground for subjecting ADB-CHMINACA to control measures across the Union.

CONTENT: the purpose of this proposal for a Council Implementing Decision is to call upon the Member States to subject ADB-CHMINACA to control measures across the Union and criminal penalties as provided under their legislation by virtue of their obligations under the 1971 United Nations Single Convention on Narcotic Drugs.

Currently, 13 Member States control ADB-CHMINACA under national drug control legislation and four Member States control ADB-CHMINACA under other legislation.

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.

The United Kingdom shall not take part in the adoption of this Decision.

Documents

Votes

A8-0133/2018 - Maite Pagazaurtundúa Ruiz - vote unique 03/05/2018 11:40:28.000

2018/05/03 Outcome: +: 607, 0: 28, -: 11
DE FR IT ES PL GB RO BE NL SE PT AT EL CZ HU BG SK LT FI DK HR SI IE LU LV CY EE MT ??
Total
87
63
57
45
47
54
28
19
24
18
18
18
18
17
16
15
12
11
11
11
9
8
9
6
6
6
5
5
1
icon: PPE PPE
192

United Kingdom PPE

For (1)

1

Denmark PPE

For (1)

1

Luxembourg PPE

3

Latvia PPE

2

Cyprus PPE

1

Estonia PPE

For (1)

1
icon: S&D S&D
156

Netherlands S&D

3

Czechia S&D

3
3

Finland S&D

1

Denmark S&D

2

Croatia S&D

2

Slovenia S&D

For (1)

1

Ireland S&D

For (1)

1

Luxembourg S&D

For (1)

1

Latvia S&D

1

Cyprus S&D

2

Malta S&D

2
icon: ALDE ALDE
62

United Kingdom ALDE

1

Romania ALDE

For (1)

1

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Ireland ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3
icon: Verts/ALE Verts/ALE
50

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

4

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Hungary Verts/ALE

2

Lithuania Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1
icon: ECR ECR
59

Italy ECR

2

Romania ECR

For (1)

1

Belgium ECR

2

Netherlands ECR

2

Greece ECR

For (1)

1

Czechia ECR

1

Bulgaria ECR

1

Slovakia ECR

2

Lithuania ECR

1
2

Denmark ECR

2

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: GUE/NGL GUE/NGL
42

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

3

Czechia GUE/NGL

1

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

Against (1)

4

Cyprus GUE/NGL

2
icon: ENF ENF
31

Germany ENF

Against (1)

1

Poland ENF

2

Belgium ENF

For (1)

1

Netherlands ENF

3
icon: EFDD EFDD
35

Germany EFDD

Abstain (1)

1

Poland EFDD

1

Sweden EFDD

2

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1
icon: NI NI
17

Germany NI

Against (1)

1

France NI

For (1)

1

United Kingdom NI

Against (1)

3

Hungary NI

2

Denmark NI

1

NI

For (1)

1

History

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

events/0
date
2017-12-18T00:00:00
type
Preparatory document
body
EP
docs
summary
events/0
date
2017-12-18T00:00:00
type
Initial legislative proposal published
body
EC
docs
summary
events/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0133&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2018-0133_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0193
New
http://www.europarl.europa.eu/doceo/document/TA-8-2018-0193_EN.html
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: PAGAZAURTUNDÚA Maite date: 2018-02-19T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
committees/0
type
Responsible Committee
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EP
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committee_full
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committee
LIBE
date
2018-02-19T00:00:00
rapporteur
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shadows
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committee
LIBE
date
2018-02-19T00:00:00
rapporteur
name: PAGAZAURTUNDÚA Maite group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
committees/0
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Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2018-02-19T00:00:00
rapporteur
name: PAGAZAURTUNDÚA Maite group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
activities
  • date: 2017-12-18T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0757/COM_COM(2017)0757_EN.pdf title: COM(2017)0757 type: Initial legislative proposal published celexid: CELEX:52017PC0757:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Initial legislative proposal published
  • date: 2018-02-02T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=5387%2F18&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 05387/2018 body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Legislative proposal published
  • date: 2018-02-28T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: HORTEFEUX Brice group: S&D name: HEDH Anna group: GUE/NGL name: ANDERSON Martina responsible: True committee: LIBE date: 2018-02-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: PAGAZAURTUNDÚA RUIZ Maite
  • date: 2018-03-27T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: HORTEFEUX Brice group: S&D name: HEDH Anna group: GUE/NGL name: ANDERSON Martina responsible: True committee: LIBE date: 2018-02-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: PAGAZAURTUNDÚA RUIZ Maite
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0133&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0133/2018 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: EPP name: HORTEFEUX Brice group: S&D name: HEDH Anna group: GUE/NGL name: ANDERSON Martina responsible: True committee: LIBE date: 2018-02-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: PAGAZAURTUNDÚA RUIZ Maite date: 2018-04-04T00:00:00
  • date: 2018-05-03T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=30990&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0193 type: Decision by Parliament, 1st reading/single reading title: T8-0193/2018 body: EP type: Results of vote in Parliament
  • date: 2018-05-14T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3615
  • date: 2018-05-14T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2018-05-14T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2018-05-22T00:00:00 type: Final act published in Official Journal
commission
  • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2018-02-19T00:00:00
rapporteur
name: PAGAZAURTUNDÚA Maite group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
committees/0
body
EP
shadows
responsible
True
committee
LIBE
date
2018-02-19T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: ALDE name: PAGAZAURTUNDÚA RUIZ Maite
council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 3615 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3615*&MEET_DATE=14/05/2018 date: 2018-05-14T00:00:00
docs
  • date: 2018-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE618.023 title: PE618.023 type: Committee draft report body: EP
events
  • date: 2017-12-18T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0757/COM_COM(2017)0757_EN.pdf title: COM(2017)0757 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2017&nu_doc=0757 title: EUR-Lex summary: PURPOSE: to subject the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures. PROPOSED ACT: Council Implementing Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow the opinion of the European Parliament. BACKGROUND: on 15 September 2017, following the request made by the Commission and seven Member States and pursuant to Council Decision 2005/387/JHA on the information exchange, risk-assessment and control of new psychoactive substances, the Council requested an assessment of the risks caused by the use, manufacture and trafficking of the new psychoactive substance ADB-CHMINACA, the involvement of organised crime and the possible consequences of control measures introduced on this substance. A risk assessment report on the new psychoactive substance was drawn up by the Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), and was subsequently submitted to the Commission on 14 November 2017. The main results of the risk assessment are the following: ADB-CHMINACA is a synthetic cannabinoid . It shows similar effects to THC, which is responsible for the major psychoactive effects of cannabis, but with additional life-threatening toxicity. It is typically sold in small and wholesale amounts branded as ‘legal-high’ smoking mixtures and as powder in head shops as well as on the internet as ‘legal’ replacements for cannabis. It may also be sold directly on the illicit drug market; the substance has been available in the European Union since at least August 2014 and has been detected in 17 Member States. More than 630 seizures have been made within the European Union. 13 deaths associated with ADB-CHMINACA have been reported by three Member States. In at least nine deaths ADB-CHMINACA was the cause of death or is likely to have contributed to the death. This substance has no recognised human or veterinary medical use in the Union nor, it appears, elsewhere. There are no indications that it may be used for any other purpose aside from as an analytical reference standard and in scientific research. The risk assessment report reveals that many of the questions related to ADB-CHMINACA could be answered through further research. However, the available evidence and information on the health and social risks that the substance poses provides sufficient ground for subjecting ADB-CHMINACA to control measures across the Union. CONTENT: the purpose of this proposal for a Council Implementing Decision is to call upon the Member States to subject ADB-CHMINACA to control measures across the Union and criminal penalties as provided under their legislation by virtue of their obligations under the 1971 United Nations Single Convention on Narcotic Drugs. Currently, 13 Member States control ADB-CHMINACA under national drug control legislation and four Member States control ADB-CHMINACA under other legislation. 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. The United Kingdom shall not take part in the adoption of this Decision.
  • date: 2018-02-02T00:00:00 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=5387%2F18&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 05387/2018 summary: PURPOSE: to subject the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures. PROPOSED ACT: Council Implementing 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: the risk assessment report on ADB-CHMINACA prepared by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and sent to the Commission and the Council on 14 November 2017 concludes that this substance - available in the Union since at least August 2014 and detected in 17 Member States - is a synthetic cannabinoid with similar effects to those of THC, but with additional life-threatening toxicity. More than 630 seizures have been made within the Union. ADB-CHMINACA is typically sold in small and wholesale amounts in head shops, branded as a legal high as smoking mixtures or as powder, as well as on the internet, branded as a legal replacement for cannabis. It has no recognised human or veterinary medical use in the Union. Three Member States have reported 13 deaths associated with ADB-CHMINACA. In addition, one Member State reported three acute non-fatal intoxications associated with the substance. The available evidence and information on the health and social risks that the substance poses provides sufficient grounds for subjecting ADB-CHMINACA to control measures across the Union. CONTENT: the draft Council decision aims to subject the new psychoactive substance ADB-CHMINACA to the control measures and criminal penalties provided for by Member States ‘legislation, in accordance with their obligations under the United Nations Single Convention on Narcotic Drugs of 1971. For more details, see the summary of the Commission's initial legislative proposal dated 18.12.2017.
  • date: 2018-02-28T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-03-27T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-04-04T00:00:00 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=A8-2018-0133&language=EN title: A8-0133/2018 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Maite PAGAZAURTUNDÚA RUIZ (ALDE, ES) on the draft Council implementing decision on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures. The committee recommended the European Parliament to approve the Council draft.
  • date: 2018-05-03T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=30990&l=en title: Results of vote in Parliament
  • date: 2018-05-03T00:00:00 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-2018-0193 title: T8-0193/2018 summary: The European Parliament adopted by 607 votes to 11, with 28 abstentions a legislative resolution on the draft Council implementing decision on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures. The European Parliament approved the Council draft which aims to subject the new psychoactive substance ADB-CHMINACA to the control measures and criminal penalties provided for by Member States’ legislation, in accordance with their obligations under the United Nations Single Convention on Narcotic Drugs of 1971.
  • date: 2018-05-14T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2018-05-14T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2018-05-22T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to subject the new psychoactive substance ADB-CHMINACA to control measures. NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2018/747 on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures. CONTENT: the aim of the Council's implementing decision is to subject the new psychoactive substance 'ADB-CHMINACA' to control measures throughout the Union . The risk assessment report drawn up under Decision 2005/387/JHA by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and forwarded to the Commission and the Council on 14 November 2017 concludes that this psychoactive substance detected in 11 Member States is a synthetic cannabinoid with similar effects to THC, which is responsible for the main psychoactive effects of cannabis, but whose toxicity is potentially fatal. It is produced by chemical companies in China. Three Member States reported 13 deaths related to ADB-CHMINACA. In at least nine cases, ADB-CHMINACA caused the death or is likely to have contributed to it. In addition, one Member State reported three acute non-fatal intoxications associated with the substance. Only 13 Member States control ADB-CHMINACA under their national drug control legislation, while four other Member States use other legislative measures to control it. The available evidence and information on the health and social risks posed by this substance is sufficient reason to subject ADB-CHMINACA to control measures throughout the Union. The Decision provides that by 23 May 2019 at the latest, Member States shall subject the new psychoactive substance to the 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: 23.5.2018. docs: title: Decision 2018/747 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32018D0747 title: OJ L 125 22.05.2018, p. 0008 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2018:125:TOC
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  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
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procedure/dossier_of_the_committee
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LIBE/8/11876
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  • LIBE/8/11876
procedure/final
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Decision 2018/747
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https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32018D0747
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Old
  • 7.30.30.04 Action to combat drugs and drug-trafficking
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7.30.30.04
Action to combat drugs and drug-trafficking
activities/0/docs/0/text
  • PURPOSE: to subject the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures.

    PROPOSED ACT: Council Implementing Decision.

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

    BACKGROUND: on 15 September 2017, following the request made by the Commission and seven Member States and pursuant to Council Decision 2005/387/JHA on the information exchange, risk-assessment and control of new psychoactive substances, the Council requested an assessment of the risks caused by the use, manufacture and trafficking of the new psychoactive substance ADB-CHMINACA, the involvement of organised crime and the possible consequences of control measures introduced on this substance.

    A risk assessment report on the new psychoactive substance was drawn up by the Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), and was subsequently submitted to the Commission on 14 November 2017.

    The main results of the risk assessment are the following:

    • ADB-CHMINACA is a synthetic cannabinoid. It shows similar effects to THC, which is responsible for the major psychoactive effects of cannabis, but with additional life-threatening toxicity. It is typically sold in small and wholesale amounts branded as ‘legal-high’ smoking mixtures and as powder in head shops as well as on the internet as ‘legal’ replacements for cannabis. It may also be sold directly on the illicit drug market;
    • the substance has been available in the European Union since at least August 2014 and has been detected in 17 Member States. More than 630 seizures have been made within the European Union. 13 deaths associated with ADB-CHMINACA have been reported by three Member States. In at least nine deaths ADB-CHMINACA was the cause of death or is likely to have contributed to the death.

    This substance has no recognised human or veterinary medical use in the Union nor, it appears, elsewhere. There are no indications that it may be used for any other purpose aside from as an analytical reference standard and in scientific research.

    The risk assessment report reveals that many of the questions related to ADB-CHMINACA could be answered through further research. However, the available evidence and information on the health and social risks that the substance poses provides sufficient ground for subjecting ADB-CHMINACA to control measures across the Union.

    CONTENT: the purpose of this proposal for a Council Implementing Decision is to call upon the Member States to subject ADB-CHMINACA to control measures across the Union and criminal penalties as provided under their legislation by virtue of their obligations under the 1971 United Nations Single Convention on Narcotic Drugs.

    Currently, 13 Member States control ADB-CHMINACA under national drug control legislation and four Member States control ADB-CHMINACA under other legislation.

    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.

    The United Kingdom shall not take part in the adoption of this Decision.

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Legislative proposal published
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2018-02-02T00:00:00
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2018-02-28T00:00:00
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EP
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2018-03-27T00:00:00
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2018-04-04T00:00:00
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2018-05-03T00:00:00
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EP
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2018-05-14T00:00:00
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CSL
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General Affairs
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2018-05-14T00:00:00
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EP
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2018-05-14T00:00:00
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Act adopted by Council after consultation of Parliament
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2018-05-22T00:00:00
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2018-02-19T00:00:00
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  • group: S&D name: HEDH Anna
  • group: GUE/NGL name: ANDERSON Martina
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  • date: 2017-12-18T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0757/COM_COM(2017)0757_EN.pdf celexid: CELEX:52017PC0757:EN type: Legislative proposal published title: COM(2017)0757 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris
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  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
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  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure
reference
2017/0340(NLE)
title
Subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures
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Consent by Parliament
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NLE - Non-legislative enactments
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7.30.30.04 Action to combat drugs and drug-trafficking