Answer to written question on Trade in GBL by Anne E. Jensen (ALDE)

Date published: March 18 2010

WRITTEN QUESTION E-0105/10 by Anne E. Jensen (ALDE) to the Commission

Abuse of gamma butyrolactone (GBL) has become a growing problem in Denmark, where young people mix the substance in beer. A mere few drops of the substance can be fatal.

Young people obtain the substance from abroad. GBL is sold in some Member States in its pure form, whereas in Denmark, for example, it is sold only in its denatured form.

There have been certain cases, however, where young Danes have bought pure GBL over the Internet, from Germany, the Netherlands and Poland.

1. Is the Commission aware of similar problems in other countries?

2. Will the Commission examine the possibility of introducing common European restrictions on the sale of GBL in its pure form? E-0105/10EN

Answer given by Ms Malmström on behalf of the Commission

Gamma-butyrolactone (GBL) is a major industrial chemical used and traded in large volumes (standard volumes are 20 tonnes but can be up to 500 tonnes per consignment) by the chemical industry as a precursor for the synthesis of plastics and also as a major industrial solvent.

It can be used for the manufacture of gamma-hydroxybutyric acid/gamma-hydroxybutyrate (GHB), which is controlled as a psychoactive substance.

In addition, when ingested GBL is metabolised into GHB in the body. This poses some important challenges to control options for preventing the use of the substance for personal consumption. The Commission is aware of the use of GBL as a recreational drug in a number of Member States. The use of GHB/GBL is generally low in the EU, but the health costs are relatively high compared with other drugs. Since GHB was controlled in the EU in 2001/2002 its availability and consumption has not expanded. However, the situation may have deteriorated somewhat around 2006/2007, in particular with GBL possibly replacing GHB. However, reliable data (and trends) differentiating between GHB and GBL consumption are very difficult to obtain or detect as the two substances are closely related and indistinguishable in terms of effects/ toxicology. The European Monitoring Centre on Drugs and Drug Addiction (EMCDDA) collects information on GBL, but as it is primarily considered a precursor, it is not part of the routine data collection of the EMCDDA.

Data on GHB are usually patchy and confined to only a few countries. Member States do report to EMCDDA on the use and seizures of GHB/ GBL through the REITOX[1] National Reports on the drug situation (updated annually) and through the Early Warning System. Many National Reports provide updated information on GHB/GBL, but often this information is of a rather anecdotal nature or of limited coverage. The data on drug precursor seizures and stopped shipments[2] show that GBL has been seized in 24 cases in 2005, 6 cases in 2006, 126 cases in 2007 and 148 cases in 2008. GBL use or seizures were mentioned in the National Reports of two countries in 2005, by three countries in 2006, by seven countries in 2007 and by nine countries in 2008 and 2009. The EMCDDA published a thematic paper on GHB and its precursor GBL in 2008[3]. As to the availability of GBL as a psychoactive substance on the internet, the EMCDDA data collection is ongoing and will be presented in its annual snapshot of the online drugs market later this year.

The Commission would like to inform the Honourable Member that control of the trade in GBL is already adressed at EU level. GBL is a so called 'non-scheduled drug precursor' and in accordance with the EU legislation on control and monitoring of trade in drug precursors (Regulation (EC) No 273/2004[4] and Regulation (EC) No 111/2005[5] ), GBL is covered by the EU voluntary monitoring scheme for drug precursors. This means that EU chemical producers and traders of GBL have to notify immediately any suspicious order of GBL to the authorities in the Member States in order to further allow for investigating the legitimacy of the transaction and/or the customer. The scheme concerns not only EU producers of GBL but also EU distributors all along the distribution chain, including internet sale distributors. It applies to GBL traded not only as a pure substance but also in mixtures. Apart from the reporting on GBL use through the EU's Early Warning System and the EMCDDA's Annual Report on the drug situation in Europe, the Commision regularly reviews the situation on GBL precursor control at the meetings of the competent authorities for Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005.

Until now, the conclusions of this periodic assessment of the situation have confirmed that the voluntary scheme works efficiently and allows authorities to seize or stop GBL diverted for illegal use. A survey conducted in 2006 did not yield clear results as to the possible need for additional legislative measures to be adopted at EU level. Nevertheless, the survey also showed that an increasing number of Member States had adopted or were comtemplating/drafting national measures to strenghen control measures applicable to GBL, including related dissuasive penalties, to tackle the abuse of GBL occuring on their territory. The Commission has recently adopted a report to the Council and the European Parliament on the implementation and functioning of the EU Legislation on Drug Precursors[6]. In principle Regulation (EC) No 273/2004 could be amended to include new provisions for harmonised restrictions for the supply/sale of GBL to the general public provided that such additional measures would be found effective in preventing diversion of GBL to consumers for abuse as a psychoactive substance, while allowing legitimate industrial use and trade to continue.

Given the characteristics of GBL as both a precursor and ingestable substance, in addition to the EU Legislation on Drug Precursors, Council Decision 2005/387/JHA[7] on the information exchange, risk assessment and control of new psychoactive substances also provides a legal framework in addressing restrictions in the sale and use of GBL. The Council Decision provides a formal procedure for monitoring GBL as a consumer drug, to conduct a scientific risk assessment to identify – inter alia - the potential health and social risks involved, prevalence as well as possible consequences of control, and – if deemed necessary – resulting in a proposal of the Commission to the Council to submit GBL to control measures. Such a decision of the Council requires that Member States take the necessary measures in accordance with their national law to submit GBL to control measures and criminal provisions as provided for under their legislation by virtue of their obligations under the 1971 UN Convention on Psychotropic Substances. A decision to control GBL under the drug control legislation would – in practice – restrict the production, sale and use of GBL to medical and scientific purposes only, which would mean that all industrial uses currently ongoing would have to stop. The Commission will continue to monitor GBL as a precursor through the different mechanisms. Furthermore, the EMCDDA will continue to report on GBL use as a psychoactive substance in its Annual Reports. The Commission is open for further discussion with Member States and the Parliament on the need and desirability of restricting supply to the general public and/ or control of GBL as a drug.

[1] European Information Network on Drugs and Drug Addiction [2] http://ec.europa.eu/enterprise/sectors/chemicals/files/new_page/report_2007_en.pdf [3] “GHB and its precursor GBL: an Emerging Trend Case Study”: http://www.emcdda.europa.eu/attachements.cfm/att_58668_EN_TP_GHB%20and%20GBL.pdf [4] Regulation (EC) N°273/2004 of the European Parliament and of the Council of 11February 2004 on drug precursors, OJ L47 of 18.02.2004 [5] Council Regulation (EC) N°111/2005 of 22 december 2004 laying down rules for the monitoring of trade between the Community and third conutries in drug precursors, OJ L 22 of 26.01.2005 [6] COM (2009) 709 final [7] Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances, OJ L 127, 20.5.2005