WRITTEN QUESTION E-2017/00

by Jan-Kees Wiebenga (ELDR) to the Council

(22 June 2000)

Subject: Unintentional legalisation of trafficking in PMK and XTC

In the Dutch version of Annex I to Commission Directive 93/46/EEC(1) of 22 June 1993 replacing and modifying the Annexes to Council Directive 92/109/EEC(2) on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances, the word 3,4-methylenedioxyphenyl propan-2-one is replaced with the word 3,4- (methylenedioxy) phenylpropane. 3,4 methylenedioxyphenyl propan-2-one and 3,4 (methylenedioxy) phenylpropane are not one and the same substance. 3,4 methylenedioxyphenyl propan-2-one, also known as PMK, is the base material for the hard drug XTC. Details are given on pages 1 068-1 069 of the Nederlands Juristen Blad of 26 May 2000, and in an article in De Telegraaf of 29 May 2000.

1. Why was the word 3,4 methylenedioxyphenyl propan-2-one replaced with the word 3,4 (methylenedioxy) phenylpropane in Annex I to Commission Directive 93/46/EEC of 22 June 1993?

2. Is it true that, as a result of the abovementioned amendment, PMK is no longer included on the list of prohibited substances and hence has in fact been legalised since 22 June 1993?

3. If so, does this mean that production of and trafficking in PMK, and hence also XTC, has not been a punishable offence since 22 June 1993?

4. Could this mean that, in many cases, there will be no legal basis for prosecution, which will result in the termination of pre-trial detention and, possibly, in claims for damages being filed against the authorities?

5. Could it also mean that many of those who are serving prison sentences were wrongly convicted?

6. What action does the Council intend to take to remedy this unintended but potentially serious situation?

(1) OJ L 159, 1.7.1993, p. 134.

(2) OJ L 370, 19.12.1992, p. 76.

Reply

(30 November 2000)

1. The object of Council Directive 92/109/EEC of December 1992 on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances was to establish intra-Community monitoring of certain substances frequently used for the illicit manufacture of such substances. The Annexes to that Directive are amended or replaced by means of a regulatory procedure laid down in Article 10 of Directive 92/109/EEC.

2. Commission Directive 93/46/EEC of 22 June 1993 replacing and modifying those Annexes was adopted under such a procedure. It would appear from the Honourable Member's question that the Dutch version of that Directive contains an error. The Honourable Member is reminded that if that is the case it is up to the Commission to request publication of a corrigendum in the Official Journal of the European Communities. Until such time as the Commission introduced such a corrigendum, the substance is a scheduled substance and its illicit use monitored within the meaning of Directive 92/109/EEC.

3. The Council invites the Honourable Member to approach the Commission directly for clarification of this matter.

4. The Council has no information regarding the convictions to which the Honourable Member refers and would remind him that any criminal proceedings are a matter of national jurisdiction.