PURPOSE: to subject the new psychoactive substance methyl 1-(2-phenylethyl)-4[phenyl(propanoyl)amino]piperidine-4-carboxylate (carfentanil) 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 carfentanil, 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:

• carfentanil is a synthetic opioid and is closely related to fentanyl, a controlled substance widely used in medicine as an adjunct to general anaesthesia during surgery and for pain management. It is one of the most potent narcotic opioid analgesics. It is sold online in small and wholesale amounts as a drug in its own right, but also as ‘research chemical’ and a ‘legal’ replacement to illicit opioids;
• the substance was formally notified to the EMCDDA in February 2013. 60 deaths with confirmed exposure to carfentanil have been reported by seven Member States. In at least six deaths carfentanil was the cause of death or is likely to have contributed to the death. Many of the deaths involved high-risk drug users, including heroin injectors.

Carfentanil is authorised as a veterinary medicine in the United States for the immobilisation of large animals. It is possible that the substance may have limited use in veterinary medicine in the Union.

One Member State reported that almost all trafficking and distribution of fentanils, including carfentanil, are linked with organised crime groups in that Member State.

The risk assessment report reveals that many of the questions related to carfentanil 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 carfentanil 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 the new psychoactive substance carfentanil 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, twelve Member States control carfentanil under national drug control legislation and four Member States control it 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.