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Suppose that someone has ADHD (attention deficit hyperactivity disorder) and is prescribed concerta (ritalin/methylphenidate) in Poland, or some other condition that is treated with a prescription drug that is a controlled substance in some countries, and wants to travel around Europe in a camper van.

The concern is that legal problems could arise from possession of the prescribed controlled substance.

Preliminary research has revealed that:

  • To take the medication out of Poland this person would need a letter from a doctor.
  • This person then has to get separate form from a government official authorizing the letter.
  • The paperwork expires after 30 days and will need renewing every time a prescription is collected.
  • When entering/transiting through a European country they all have their own separate procedures, which could potentially be as arduous as the Polish one.

This is all quite piecemeal, will be a lot of hassle and is quite discriminatory. Is there no European wide solution to this?

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    How is it discriminatory? Commented Sep 10 at 20:29
  • Edited to generalize the question posed so that it is not a question seeking specific legal advice and to spell out ab acronym.
    – ohwilleke
    Commented Sep 10 at 20:36
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    If drug laws are not EU-wide, it's natural that you'll encounter different laws in each country, and will have to comply with them if you want to travel to those countries. Of course it's a hassle.
    – Barmar
    Commented Sep 10 at 20:58
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    @TripeHound thanks for the recommendation, you're right this is addressed in the travel stack exchange.
    – JoeS
    Commented Sep 10 at 21:55
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    @StuartF, controlling and limiting access to prescription medication that could be abused doesn't meet the legal or common definition of discrimination. Commented Sep 11 at 14:40

1 Answer 1

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This is all quite piecemeal, will be a lot of hassle and is quite discriminatory. Is there no European wide solution to this?

The rules you are quoting seem to be the rules based on Article 75 of the Schengen Implementing Convention (Schengen acquis).

So this is not a polish solution, but a Schengen wide rule available to residents of all member states.

The first link below also contains:

The ruling on carrying controlled drugs within member states of the Schengen Agreement also applies to residents of another member state entering the Federal Republic of Germany, even if they are carrying controlled drugs that are prescribable in the country of origin but not in the Federal Republic of Germany.

The last sentence makes it clear that even where the drug cannot be prescribed in one member state, a traveler from a member state (where it can be prescribed) can take that drug with them with the required certificate.

No idea what happens if you stay longer than 30 days outside the original member state. Maybe somebody else can give an answer to that.


Sources:

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    AFAIU you would need to get it locally prescribed after a 30 day stay, which is unrealistic as seeing a doctor willing to prescribe such medicine usually has long waiting lists and may also require a translated copy of your diagnosis.
    – ave
    Commented Sep 11 at 8:47
  • There is nothing in the Schengen Agreement about the documentation expiring after 30 days. The regulations you are linking to here do not seem to match very good at all with the requirements OP is quoting. Furthermore, if OP is intending to travel 'in Europe' (the question may very well be too broad), Schengen regulations may not be relevant at all. Commented Sep 11 at 11:32
  • @Tor-EinarJarnbjo Please, please, please learn how to read law! When Article 74(2) states The Executive Committee shall lay down the form and content means that the details, that may change in time, will determine by that Committee. 'do not seem to match very good at all with the requirements OP is quoting' The OP has quoted nothing, but what what was written matches what is stated in an official source based on Article 75 of the Schengen accourd. Feel free to supply an answer to the non-Schengen countries in Europe, for which the 'polish' forms are not intended for. Commented Sep 11 at 13:17

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