Three new psychoactive substances now fall under the EU definition of “drug”. The European Commission has sent letters of formal notice to Member States that have not yet communicated the national measures.
What the directive does
Commission Delegated Directive (EU) 2025/2062 amends the Annex to Council Framework Decision 2004/757/JHA by adding three substances to the EU definition of “drug”: 2-MMC, NEP and 4-BMC.
As a result, these substances are covered by EU rules on criminal offences and penalties for illicit drug trafficking. This supports harmonised controls across the EU and cross-border cooperation between law enforcement and judicial authorities.
The Commission’s announcement refers to nine Member States, but lists eight by name.
Member States that received a letter of formal notice
What happens next
- 1Two months to replyEach Member State has two months to respond, complete the transposition and notify its measures to the Commission.
- 2Reasoned opinionIf the reply is not satisfactory, the Commission may issue a reasoned opinion, the next step of the infringement procedure.
- 3Court of JusticeUltimately, the Commission can refer the case to the Court of Justice of the EU, which may impose financial penalties for failure to transpose.
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