section_path: History/Adoption of the recommendation/Vote/Vote of European Union countries
section_name: Vote of European Union countries
paragraph_text: Vote of European Union countries
  
  In 2017, the Council of the European Union decided that EU countries with a right to vote at the Commission on Narcotic Drugs would agree in advance a common position for their votes. The following year, the European Commission argued that this common voting position was mandatory (sometimes termed "imperative mandate") and not indicative (EU countries would be obliged to vote at the Commission on Narcotic Drugs according to the previously-agreed common EU position). This move was criticised for a number of reasons, in particular the difficulty for EU countries, split between two different United Nations Regional Groups (EEG and WEOG), to negotiate a common position in both their regional group and the EU.
  
  Ahead of the vote, the Council of the European Union (via its Horizontal Drug Group) had agreed to a common position (yes to recommendations 5.1 to 5.4; no to recommendations 5.5 and 5.6). In its explanations of votes, the ambassador of the European External Action Service declared:
  
  "The EU supported the adoption of recommendation 5.1 to delete cannabis and cannabis resin from Schedule IV of the Single Convention on Narcotic Drugs, considering that it would allow more research, in line with our evidence-based drugs policy, on the medical use of cannabis and cannabis resin. It should be noted however that these substances continue to be controlled under schedule I of the Single Convention on Narcotic Drugs."
  
  There were 12 member states of the European Union with voting rights at the Commission on Narcotic Drugs on the day of the vote. However, only 11 voted as agreed, since Hungary voted no to recommendations 5.1 and 5.4. In February 2021, the European Commission opened an infringement procedure against the country "for failure to follow the Union position when voting on the World Health Organisation recommendations on cannabis and cannabis-related substances at the United Nations Commission on Narcotic Drugs in December 2020." After a reply from Hungary considered unsatisfactory, the European Commission declared:
  
  "Decisions on the international scheduling of substances under those conventions fall under the exclusive competence of the Union. The Union position – adopted by the Council in November 2020 – is binding on EU Member States, who have to vote accordingly in the Commission on Narcotic Drugs, in line with Article 218(9) TFEU. Hungary voted contrary to the Union position twice during the vote on the WHO recommendations. Cannabis remains a drug subject to international control. The WHO recommendations aimed to ensure that cannabis and cannabis-related substances are subject to the most relevant international control reflecting current scientific and medical knowledge. Hungary now has two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union."