WRITTEN QUESTION E-2018/00 by Jan-Kees Wiebenga (ELDR) to the Commission. Unintentional legalisation of trafficking in PMK and XTC.
Date: 2000-06-21
Institutions: European Parliament, Provisional data
Subjects: EC Directive, European Commission, Netherlands, drug addiction, legislative drafting

20.3.2001

EN

Official Journal of the European Communities

C 89 E/129

Reply

(23 October 2000)

As the Honourable Member points out in her question, the Commission submitted a proposal to the
European Parliament and the Council (on 14 February 2000) in order to set the dates from which vehicles
running partly or permanently on LPG or NG must be fitted with an on-board diagnostics (OBD) system.

The Council is examining the Commission proposal.

At this stage of the codecision procedure the Council can either adopt the proposed act, if it approves all
the amendments in the European Parliament(cid:146)s Opinion or if the Parliament does not propose any
amendments, or,
in other cases, adopt a common position which is forwarded to the Parliament for
consideration (Article 251 TEC).

As to the Honourable Member(cid:146)s question about a possible barrier to the free movement of LPG-fuelled
vehicles, we would point out that the proposed measures are part of the European system for vehicle type-
approval. This legislative approach is fully supported by operators on the internal market and thus
prevents any possible barriers to the free movement of LPG-fuelled vehicles.

(2001/C 89 E/140)

WRITTEN QUESTION E-2018/00

by Jan-Kees Wiebenga (ELDR) to the Commission

(21 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 (cid:145)3,4 Methylenedioxyphenyl propan-2-one(cid:146) is replaced with the word (cid:145)3,4 (Methylenedioxy)phenyl-
propane(cid:146). 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 1068-1069 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 (cid:145)3,4 Methylenedioxyphenyl propan-2-one(cid:146) replaced with the word (cid:145)3,4 (Methyle-
nedioxy)phenylpropane(cid:146) in Annex I to Commission Directive 93/46/EEC of 22 June 1993?

Is it true that, as a result of the abovementioned amendment, PMK is no longer included on the list

2.
of prohibited substances and hence has in fact been legalised since 22 June 1993?

If so, does this mean that production of and trafficking in PMK, and hence also XTC, has not been a

3.
punishable offence since 22 June 1993?

Could this mean that, in many cases, there will be no legal basis for prosecution, which will result in
the

4.
the termination of pre-trial detention and, possibly,
authorities?

in claims for damages being filed against

5.

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

6. What action does the Commission 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.

C 89 E/130

Official Journal of the European Communities

EN

20.3.2001

Answer given by Mr Liikanen on behalf of the Commission

(28 July 2000)

There is a printing error in the Dutch version of Annex I to Commission Directive 93/46/EEC published in
the Official Journal of the European Communities. The error is only in the name of the substance, but the
CN Code is correct. Council Directive 92/109/EEC had already classified 3,4 Methylenedioxyphenile
propane-2-one (CN Code: 2932 90 77) in the list of Category 1 substances, and in the amendment to
this Directive the substance in question continued to figure in this category. Thus the substance is still
classified and its illicit use is monitored under Directive 92/109/EEC.

Any criminal proceedings are a matter for the national authorities and result
implementing measures adopted as part of the transposition of the said Directives into national
The Commission has no information on possible convictions referred to by the honourable Member.

from the national
law.

The Commission has requested that a correction be published in the Official Journal.

(2001/C 89 E/141)

WRITTEN QUESTION E-2020/00

by Gerhard Hager (NI) to the Council

(22 June 2000)

Subject: Progress with regard to the Corpus Juris

Concerning a proposal for a Council directive on combating fraud and forgeries in connection with non-
cash transactions, the Commission has adopted a new approach to the harmonisation of the Member
States(cid:146) legal systems. The objective is no longer to achieve textual uniformity regarding the definition of
criminal offences in all Member States but simply to achieve a precise definition of the result to be
achieved in each of the Member States. The projected catalogue of European law has clearly been
abandoned.

In view of this:

1. What progress has been made with the Corpus Juris project?

2. What have been the costs of this project?

3. Does the Council consider that there is any point in continuing with the project in view of the new

regulatory approach referred to above?

Reply

(23 October 2000)

The Council has not been seized with any initiative relating to (cid:145)Corpus Juris(cid:146) and cannot therefore answer
the questions of the Honourable Member of the European Parliament.

(2001/C 89 E/142)

WRITTEN QUESTION E-2023/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(21 June 2000)

Subject: Delays in making payments from subprogramme 1.3 (cid:145)School Libraries(cid:146) under the second CSF

(cid:145)Education and Basic Training(cid:146) programme

A year ago, the 60-member Book Selection Committee completed the list of books which it had selected
for school library collections, a measure which is receiving funding from the (cid:145)Education and Basic Training(cid:146)