Implementing decision 2017/2170 - Subjecting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures - Main contents
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Council Implementing Decision (EU) 2017/2170 of 15 November 2017 on subjecting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2017/2170 |
| Original proposal | COM(2017)367  |
| CELEX number i | 32017D2170 |
| Document | 15-11-2017; Date of adoption |
|---|---|
| Publication in Official Journal | 22-11-2017; OJ L 306 p. 19-20 |
| Effect | 23-11-2017; Entry into force Date pub. +1 See Art 3 |
| Deadline | 19-11-2018; See Art 2 |
| End of validity | 31-12-9999 |
22.11.2017 |
EN |
Official Journal of the European Union |
L 306/19 |
COUNCIL IMPLEMENTING DECISION (EU) 2017/2170
of 15 November 2017
on subjecting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (1), and in particular Article 8(3) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (2),
Whereas:
(1) |
A risk-assessment report on the new psychoactive substance N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) 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 (EMCDDA), and was subsequently submitted to the Commission and to the Council on 24 May 2017. |
(2) |
Furanylfentanyl is a synthetic opioid and is structurally similar to fentanyl, a controlled substance widely used in medicine for general anaesthesia during surgery and for pain management. Furanylfentanyl is also structurally related to acetylfentanyl and acryloylfentanyl, which were both the subject of an EMCDDA–Europol Joint Report in December 2015 and November 2016. |
(3) |
Furanylfentanyl has been available in the Union since at least June 2015 and has been detected in 16 Member States. In most cases, it was seized in powder form, but also in liquid form and as tablets. The detected quantities are relatively small. However, such quantities should be seen in the context of the potency of the substance. |
(4) |
Twenty-two deaths associated with furanylfentanyl have been reported by five Member States. As regards at least ten of those deaths, furanylfentanyl was the cause of death or is likely to have contributed to the death. In addition, 11 acute non-fatal intoxications associated with furanylfentanyl were reported by three Member States. |
(5) |
There is no information suggesting the involvement of organised crime in the manufacture, distribution (trafficking) and supply of furanylfentanyl within the Union. The available data suggest that furanylfentanyl is produced by chemical companies based in China. |
(6) |
Furanylfentanyl is sold online in small and wholesale amounts as a ‘research chemical’, typically as a powder and as ready-to-use nasal sprays. Information from seizures suggests that furanylfentanyl may have also been sold on the illicit opioid market. |
(7) |
Furanylfentanyl has no recognised human or veterinary medical use in the Union. There are no indications that furanylfentanyl may be used for any other purpose apart from as an analytical reference standard and in scientific research. |
(8) |
The risk-assessment report reveals that many of the questions related to furanylfentanyl are due to the lack of data on the risks to individual health, risks to public health, and social risks, and could be answered through further research. However, the available evidence and information on the health and social risks that the substance poses, given also its similarities with fentanyl, provide sufficient grounds for subjecting furanylfentanyl to control measures across the Union. |
(9) |
Furanylfentanyl is not listed for control under the 1961 United Nations Single Convention on Narcotic Drugs or under the 1971 United Nations Convention on Psychotropic Substances. The substance is not currently under assessment by the United Nations system. |
(10) |
Given that ten Member States control... |
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