Brussels, 17/09/2013 (Agence Europe) - Measures for an immediate one-year ban in the event of major threat or a graduated response depending on the level of risk presented by products and the type of players concerned - that is what the European Commission proposed on Tuesday 17 September to combat the development of new psychoactive substances, known as “legal highs”. Between 2009 and 2012, the number of “legal highs” tripled from 24 to 73.
European Commissioner for Justice Viviane Reding felt this new situation calls for prompt and expeditious decision-making that no longer comes within the traditional decision-making process.
Under a new regulation, Reding went on to explain, the decision to withdraw harmful substances from the market could be taken in just a few weeks for a one-year duration, in the event of major health risk. The second “major innovation”, she said, will consist of differentiating between the risk level and the type of public on which the products have an impact. For example, a substance could well be prohibited for consumer access but be used in industry, research or for medical purposes, Reding said. She explained that there are uses for legitimate substances in the high tech industry, for example, in the production of medicine, chemical products. That, she added, must continue, while protecting consumers. According to the new rules, substances presenting a moderate risk will be the subject of restricted consumer access, and high-risk substances will be subject to total restriction, the European Commission said. In the event of high risk, these prohibition measures will be permanent and may be the subject of criminal penalties, set out in a directive presented in parallel with the regulation.
The new procedure provides for a maximum 12 month delay for measures to take effect in the member states, whereas, today, it is about 24 months at least, Reding said.
The above proposals cannot work in every field, especially when legal psychoactive drugs are sold on the internet, the commissioner said. It is possible, however, to address certain inconsistencies from one border to another, as a substance may be banned on one side but not on the other. It is necessary to act fast, throughout Europe, the commissioner stressed. The directive proposed provides for anyone caught trafficking such drugs to be liable to a maximum of one to three years imprisonment, but this could be increased to five to ten years if the number of victims is found to be significant.
At least two new psychoactive substances have been reported every week since early 2013, and 80% of those new substances have been detected in several member states. Member states have detected over 300 substances since 1997, and the number of substances notified tripled between 2009 and 2012 (from 24 to 73). “The young generation is most at risk”, the Commission explains, saying: “On average 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”. Consuming these substances may prove fatal, the Commission points out, saying that, in 2012, the drug “5-IT” was reported to have killed 24 people in four member states in the space of five months. The substance “4-MA”, which imitates amphetamine, was associated with 21 deaths in four EU countries in 2010-2012 alone.
Reding's proposals were well received by the EPP Group at the Parliament which hopes they will be implemented rapidly. The current system of detecting and banning these new drugs is no longer fit for purpose. The European Monitoring Centre for Drugs and Drug Addiction (EMCCDA), which will be carrying out risk analyses, also hailed the proposals which, it says, meet an unprecedented rise in new drugs detected on the European market in recent years.
The EU's antidrug strategy (2013-2020) has fixed the priorities of Union policy on combating drugs. The appearance and rapid spread of new psychoactive substances are considered as a new challenge which requires a firm response, in particular by strengthening existing EU legislation.
In accordance with provisions currently applicable in the EU, Council Decision 2005/387/JHA, the Commission can propose that member states submit new drugs to penal measures. Thanks to the mechanism in place, nine substances have been the subject of restrictive measures and criminal sanctions. More recently, in 2010, the Commission proposed and obtained the EU-wide ban of mephedrone, a drug similar to ecstasy, and then, early 2013, it obtained a ban of amphetamine “4-MA”. In June 2013, the Commission also proposed banning the synthetic drug “5-IT”. (SP/transl.jl)