A4-0157/98

Resolution on the communication from the Commission to the Council and the European Parliament on the control of new synthetic drugs (designer drugs) (COM(97)0249 - C4-0244/97)

The European Parliament,

- having regard to the communication from the Commission to the Council and the European Parliament (COM(97)0249 - C4-0244/97),

- having regard to the Treaty on European Union, in particular its Article K.1(4) and (9), and the EC Treaty, in particular Article 129,

- having regard to the draft Treaty of Amsterdam, in particular Articles K.1, K.2 and K.3 thereof, and the amended Article 129 of the EC Treaty,

- having regard to the World Drugs Report of the United Nations International Drug Control Programme (UNDCP) ((Oxford University Press 1997.)),

- having regard to the 1997 annual report of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) on the state of the drugs problem in the European Union,

- having regard to the study by the EMCDDA on 'New trends in synthetic drugs in the European Union',

- having regard to Council Directive 92/109/EEC of 14 December 1992 on the manufacture and the placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances ((OJ L 370, 19.12.1992, p. 76.)), amended by Commission Directive 93/46/EEC ((OJ L 159, 1.7.1993, p. 134.)) and supplemented by Commission Regulation 1485/96 ((OJ L 188, 27.7.1996, p. 28.)), and Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances ((OJ L 357, 2.12.1990, p. 1.)), amended by Regulation (EEC) No 900/92 ((OJ L 96, 10.4.1992, p. 1.)),

- having regard to the Joint Action of 16 June 1997 adopted by the Council concerning the information exchange, risk assessment and the control of new synthetic drugs ((OJ L 167, 25.6.1997, p. 1.)),

- having regard to the Joint Action of 29 November 1996 adopted by the Council concerning the exchange of information on the chemical profiling of drugs to facilitate improved cooperation between Member States in combating illicit drug trafficking ((OJ L 322, 12.12.1996, p. 5.)),

- having regard to its resolution of 15 June 1995 on the Commission Communication to the Council and the European Parliament on a European Union action plan to combat drugs ((OJ C 166, 3.7.1995, p. 116.)),

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on the Environment, Public Health and Consumer Protection, the Committee on Culture, Youth, Education and the Media and the Committee on Budgets (A4-0157/98),

A. whereas the consumption of synthetic drugs in the Member States of the European Union has increased massively since the end of the 1980's and whereas present estimates show that in the region of 5 million young people across the EU are using synthetic drugs,

B. whereas the users of synthetic drugs differ markedly in terms of social situation and consumption habits from those taking opiates as they often take the drugs only at weekends and are not conspicuous in society,

C. whereas synthetic drugs, in particular Ecstasy, are often perceived to be part of a modern culture, connected to exciting night life, fast cars and a 'with it¨ image. Whilst under the influence of synthetic drugs, individuals may expose themselves to a heightened risk of unprotected sexual activity and increase the risk of becoming the perpetrators or victims of violent or other crimes,

D. whereas the negative side-effects and long-term effects of synthetic drugs are only starting to be investigated so that it is not yet possible to determine the risks of consumption conclusively,

E. whereas particular risks occur when synthetic drugs are taken in conjunction with other drugs or alcohol or under additional environmental pressures (great physical exertion, lower liquid intake, overheated rooms),

F. whereas the manufacture of synthetic drugs is relatively easy and whereas the precursors and equipment needed have, up to now, often not been subject to any controls,

G. whereas synthetic drugs are usually produced in the vicinity of the consumers and whereas the European Union is one of the largest production regions in the world as far as the manufacture of amphetamines and Ecstasy-type stimulants is concerned and whereas trafficking in synthetic drugs is still essentially an inter-regional activity compared to the trade in narcotics and precursors which is global in nature,

H. whereas the market for synthetic drugs is highly profitable and the manufacture of and traffic in synthetic drugs is increasingly controlled by organized criminal groups,

I. whereas the producers of synthetic drugs obtain the precursors from various countries in central and eastern Europe and whereas there is regular traffic in these drugs between these countries and the Member States of the European Union,

J. whereas 'designer drugs' which are specially developed to circumvent existing bans on drugs and where the effects and side-effects are unknown present a particular danger,

K. whereas it is possible to manufacture a number of different drugs by exchanging individual molecules such that the legal coverage of synthetic drugs raises many practical problems,

L. whereas the current synthetic drugs (Ecstasy, LSD and amphetamines) are covered by the 1971 United Nations Convention on Psychotropic Substances and the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which are designed to prohibit the use of these substances and to control manufacture and distribution,

M. whereas it can often take between one and two years for new drugs coming onto the market to be recognized and declared illegal under the abovementioned 1971 UN Convention on Psychotropic Substances and 1988 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances,

N. whereas the legal situation in the Member States of the European Union regarding the classification of individual synthetic drugs and the penalties incurred for possession and consumption of or traffic in different substances is not uniform,

O. whereas with its Joint Action of 16 June 1997 the Council has created a mechanism for assessment of the risks of new synthetic drugs and for decisions on any measures or controls to be adopted, the practical efficacy of which must first be examined,

P. whereas the Europol Drugs Unit systematically collects information on the external characteristics and chemical profiles of synthetic drugs and forwards this information to the Member States,

Q. whereas synthetic drugs can be manufactured from various precursors, the exact number of which is not known and only a limited number of which are covered by European Union legislation for the control of drug precursors,

R. whereas the Commission communication contains only vague ideas about a mechanism to control the precursors for synthetic drugs and whereas the European Parliament will deliver a separate opinion on the proposal for a European Parliament and Council Directive, forwarded on 20 February 1998, amending Council Directive 92/109/EEC relating to the manufacturing and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances (COM(98)0022),

S. whereas the draft Treaty of Amsterdam makes provision in the amended Article 129 for the Community to complement the Member States' action in reducing drugs-related health damage, including information and prevention measures, and for the Member States to coordinate among themselves their policies and programmes in these areas in liaison with the Commission,

T. whereas in several Member States damage limitation measures have already been implemented, such as agreements with the organizers of 'raves' on the observance of certain rules, the distribution of information materials and the possibility of having the actual content of pills tested,

U. whereas consumers of synthetic drugs mostly do not consider that they have a drugs problem and are hardly aware of the existing drugs advisory services, which are mostly geared to the needs of those dependent on opiates,

V. whereas deaths from taking amphetamines, Ecstasy or LSD are relatively rare; whereas the fatalities are often caused by dehydration and heat stroke connected with drug-induced prolonged energetic dancing,

1. Considers the growing consumption of synthetic drugs, in particular by young people, to be a matter for concern, in particular in view of the possible and as yet unresearched long-term damage caused by such drugs;

2. Considers that there is an urgent need to gather further information about synthetic drugs, in particular their effects and side-effects and the long-term damage they may cause; calls on the Member States and the Commission to encourage and support relevant research;

3. Stresses that the international instruments already available for the control of synthetic drugs such as the abovementioned UN conventions on drugs and psychotropic substances must be brought into force in all Member States and expects that future agreements will be quickly ratified and brought into force by all Member States;

4. Stresses the urgent need for the Community to achieve a coherent, coordinated approach on the production and supply of synthetic drugs, particularly in view of the forthcoming UN General Assembly Special Session on drugs to be held in New York in June 1998, and in which the European Parliament should also participate;

Repressive measures

5. Draws attention to the differences which still exist between the Member States with regard to penalties for traffic in and possession and consumption of synthetic drugs but considers harmonization of the relevant criminal law provisions in the Member States to be impracticable at the moment;

6. Considers it necessary that the diversion of precursors for synthetic drugs, production of such drugs and traffic in them should be a criminal offence and should be prosecuted in all Member States;

7. Calls on the Member States to ensure that their legislation banning the production of synthetic drugs is sufficiently comprehensive to prevent producers from circumventing the law by altering the chemical composition of the drugs;

8. Insists that, to retain a licence, club operators must ensure that drugs are not available at events and staff are adequately trained to recognise signs of drug use. They must also ensure ventilation, free supply of cold drinking water and cooling off areas are always available on the premises;

9. Considers it necessary, on the grounds of prevention, not only to enshrine repressive measures against dealers in legislation but also actually to apply these measures;

10. Considers that penalties for trafficking, pushing and consumption of synthetic drugs must be proportional to the seriousness of the offence and must be capable of enforcement;

11. Calls on the Member States to ensure the closest possible cooperation of the national authorities concerned and to examine whether the organized criminal groups behind the traffic in precursors and synthetic drugs could not be countered effectively through special supra-institutional units;

12. Considers that the effective threat of penalties for the consumption of synthetic drugs can have a deterrent, and thus preventive, effect on potential consumers;

13. Calls on the Council and the Commission to support the exchange of experience between the prosecution authorities of the Member States and the central and eastern European states on police aims and tactics in combating the production of and traffic in synthetic drugs; considers that the possibilities offered by programmes such as OISIN and FALCONE should be used to this end;

14. Recommends that the Member States create special social and police programmes in youth environments and set up a corresponding European network in the context of common programmes for the exchange of experience;

15. Calls on the Member States following ratification of the Amsterdam Treaty, Article K.2(1)(a) of which provides for operational cooperation between the competent authorities, including the police, in relation to the prevention, detection and investigation of criminal offences, to develop forthwith structures for the prosecution of organized criminal groups in the synthetic drugs sector;

Information and control systems

16. Calls on the Commission to investigate at international level whether existing systems for the listing and control of new drugs operate efficiently, thereby preventing new synthetic drugs appearing on the markets;

17. Welcomes the Council's abovementioned Joint Action of 16 June 1997 which aims to establish an early warning system which identifies and exchanges information on new synthetic drugs, provides a mechanism for assessing the risk of these drugs and furnishes a decision-making process through which these products can be placed under control in other Member States;

18. Recommends that a common system for detecting new synthetic drugs should be established and a single method agreed for placing them into generic categories;

19. Considers the transmission of the information collected at European level to the competent bodies in the Member States to be crucial and calls on the Council in particular to supplement its Joint Action on information exchange with a mechanism to ensure that the information collected on new synthetic drugs and their risks is also passed back to the bodies in the Member States which are responsible for preventive measures against drugs and health measures;

Control of precursors

20. Calls on the Commission to submit a report on the implementation to date and the success in controlling drug precursors through the relevant EEC directives and regulations;

21. Hopes that the Commission will also submit a report on the results of cooperation in this field with non-member countries, in particular where relevant clauses are contained in cooperation or association agreements;

22. Stresses that a control system for precursors must also have a list of the substances to be controlled which can actually be checked; stresses that in this field it is not sensible for the European Union to act in isolation and the involvement of at least the central and eastern European countries is a fundamental precondition for successful operation of such a system; also stresses, however, the importance of the system being compatible with the one which already exists in the USA;

23. Intends to examine the proposals put forward by the Commission for a control system for precursors for synthetic drugs in relation to whether these criteria have been taken into account, while also ensuring practicality, flexibility and a sensible cost-benefit ratio, and expects the Council to wait for and take proper account of the European Parliament's opinion on the Commission proposals on control measures for the precursors for synthetic drugs;

24. Calls on the police authorities of the Member States and the applicant countries of central and eastern Europe to establish close contacts between themselves and with the chemical industry so that information is obtained as early as possible on suspicious transactions;

Prevention and damage limitation

25. Calls on the European Monitoring Centre for Drugs to assess in a systematic and scientific manner the effect of damage limitation measures and prevention and information measures with regard to synthetic drugs in the Member States;

26. Calls on the Commission to pay particular attention to the problem of synthetic drugs and to examine whether existing programmes, including those in the health sector, can also be applied to synthetic drugs and in particular to provide financial support for the exchange of information between the Member States on preventive measures;

27. Suggests the introduction of 'anti-drugs discotheques¨ as a special form of information campaign; in this form of treatment for drug addiction, which has already proved its worth in, for instance, Germany, the police present information at disco events on the risks of drug use, in cooperation with drugs advisory centres, parents and schools;

28. Suggests that, since the Internet is increasingly utilized by the dance/drug subculture to advertise the availability of NSDs, and other drugs, and venues of consumption, the network be used to communicate the prevention message in a language familiar to the target group;

29. Requests the Council to invite Member States to recommend to schools that, on a voluntary basis, they declare themselves drug-free zones; calls upon the Commission to back such initiatives with a proposal for incentive measures to help schools achieve this objective;

30. Calls on the Commission and the Member States to ascertain to what extent there is the need to develop a special advisory service for the users of synthetic drugs, linking up with existing and future warning and test systems which highlight the risks of using specific drugs;

General

31. Considers close cooperation with the central and eastern European states on synthetic drugs to be absolutely essential; calls therefore on the Council and the Commission to involve the countries of central and eastern Europe as far as possible in existing information systems and in those to be developed (Europol, early warning system, contacts with the chemical industry, control of precursors) and to give priority in the framework of the accession partnerships to the development of efficient structures to combat the criminal organizations which manufacture synthetic drugs and traffic in them and to pay particular attention to the health sector and exchange of information on preventive measures;

32. Calls on the Member States to coordinate their police measures and their health measures and to ensure that they do not hinder each other;

33. Calls on the Commission to examine the extent to which the consumption of synthetic drugs affects the ability of drivers to drive and expects appropriate action to be taken;

34. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the applicant countries.