Drugs: MEPs want harmful “legal highs” to be withdrawn quickly from the EU market 

The proposed EU rules aim to tackle the emergence and rapid spread of new psychoactive substances (NPS), which imitate the effects of illicit drugs such as ecstasy and cocaine. More than 300 new substances have been detected in Europe since 1997 and the problem has worsened in recent years: the number of NPS identified between 2009 and 2012 tripled (from 24 to 73 a year). Last year, on average one new substance was detected every week in the EU. The current EU system for banning the so-called “legal highs” is not fit to respond to this growing problem.

A 2011 Eurobarometer survey showed that 5% of young people in the EU have used such substances at least once in their life, with a peak of 16% in Ireland, and close to 10% in Poland, Latvia and the UK.

An EU-wide ban within 10 months

Under the draft regulation on NPS, the length of the procedure to ban harmful substances from the EU market would be cut from the current two years to 10 months.

In case of an immediate risk, a temporary ban of one year could be introduced within weeks. These temporary measures would make sure that the substance is no longer available to consumers whilst a full risk assessment is carried out by the EU's Drugs Agency (EMCDDA). "If the level of health, social and safety risks posed by the new psychoactive substance justifies the introduction of permanent restriction measures, the duration of the temporary market restriction may be prolonged by a further 12 months, in the absence of permanent market restrictions", MEPs add.

Under the current system, no temporary measures are possible and the Commission needs to wait for a full risk assessment report to be completed before making a proposal to restrict a substance.

Severe, moderate and low risk substances

Substances posing an EU-wide severe risk (those that are life-threatening and can lead to the spread of serious diseases) would be subjected to permanent market restriction, covering both the consumer and commercial markets. Their use would only be possible for specifically authorised purposes, as well as for scientific research and development (NPS may have useful legitimate uses, such as in the production of medicine and in the chemical or high-tech industry).

Substances posing a moderate risk at EU level would be restricted from the consumer market, but their trade would be allowed for commercial and industrial purposes as well as for scientific research and development. However, if one of these substances poses higher risks in a given member state, it "may maintain or introduce more stringent measures to ensure a high level of protection of public health", MEPs clarify, adding that it would have to notify the Commission and the other EU countries thereof.

No restriction measures would be introduced at EU level on new NPS posing low health, social and safety risks.

MEPs reinforced the rules on the exchange of information between member states, the EU’s Drugs Agency and Europol on NPS or mixture emerging on the market and for assessing the risks of substances that cause EU-wide concern.

More accurate, tighter timetable for information exchange and swifter decision making process, as well as more nuanced classification of the level of risks the NPS can pose, are an added value of the regulation, says the rapporteur, Jacek Protasiewicz (EPP, PL).

MEPs also want member states to promote prevention schemes and measures to raise awareness of the risks posed by psychoactive substances, such as educational information campaigns.

Penalties for trafficking severe-risk substances

The severe-risk substances would be submitted to criminal law provisions, as are illicit drugs. The draft directive laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking includes severe-risk NPS and mixtures in the definition of ‘drugs’. Criminal measures would have to be introduced at national level within one year after the substance is added to the annex of the EU law.

Trafficking in severe-risk NPS should be punished with imprisonment of a maximum of at least between one and three years. If the offence involves large quantities, or drugs that cause the most harm to health, or it resulted in significant damage to the health of a significant number of people, the offence should be punished with a penalty of a maximum of at least between five and ten years of imprisonment. If the offence is committed within the framework of a criminal organisation, it should be punished with a penalty of at least ten years of imprisonment.

The proposed EU directive applies to suppliers, but not to users of these substances, stresses the rapporteur, Teresa Jiménez-Becerril (EPP, ES).

Result of the vote on new psychoactive substances - 51 votes in favour, 4 against

Result of the vote on minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking - 52 votes in favour, 4 against

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