Council Implementing Decision (EU) 2018/748 of 14 May 2018 on subjecting the new psychoactive substance 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA) to control measures

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to subject the new psychoactive substance 1-(4-cyanobutyl)-N-(2-phenylpropan-2yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA) to control measures. 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 CUMYL-4CN-BINACA , 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. BACKGROUND: the risk assessment report on CUMYL-4CN-BINACA 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 October 2015 and detected in 11 Member States - is a synthetic cannabinoid with similar effects to those of THC, but with additional life-threatening toxicity. The substance is typically sold in small and wholesale amounts in head shops, sold 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. Two Member States have reported 11 deaths associated with CUMYL-4CN-BINACA. In addition, two Member States reported five acute non-fatal intoxications associated with CUMYL-4CN-BINACA. The available evidence and information on the health and social risks that the substance poses provides sufficient grounds for subjecting CUMYL-4CN-BINACA to control measures across the Union. CONTENT: the draft Council decision aims to subject the new psychoactive substance CUMYL-4CN-BINACA 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. 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 the draft Council implementing decision on subjecting the new psychoactive substance 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3carboxamide (CUMYL-4CN-BINACA) to control measures. The committee recommended the European Parliament to approve the Council draft. The European Parliament adopted by 609 votes to 12, with 30 abstentions, a legislative resolution on the draft Council implementing decision on the draft Council implementing decision on subjecting the new…

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