WRITTEN QUESTION E-2017/00 by Jan-Kees Wiebenga (ELDR) to the Council. Unintentional legalisation of trafficking in PMK and XTC.
Date: 2000-06-22
Institutions: European Parliament, Provisional data
Subjects: EC Directive, Netherlands, chemical product, marketing, narcotic, official language

C 113 E/56

Official Journal of the European Communities

EN

18.4.2001

Reply

(20 November 2000)

1.
The outbreak of sectarian violence and murder suffered by the Coptic community in Upper Egypt,
especially in El-Khosheh, has been discussed several times by Council bodies, which are continuing to
monitor the situation closely. The Council is aware of the fact that, as is the case for all other religious
communities, under Law No 40 of 1977, Copts are denied the right to form their own political parties.
Moreover, the Council is aware of the 1980 amendment to the Egyptian Constitution and have taken note
of the fact that the 1981 Emergency Law is often invoked in arrests.

2.
As one of the 27 signatories to the Barcelona declaration, Egypt has committed itself to observing a
number of principles in the area of human rights, most notably the following: to act in accordance with
the United Nations Charter and the Universal Declaration of Human Rights, as well as other obligations
under international law; to develop the rule of law and democracy in its political system; to respect human
rights and fundamental freedoms and guarantee the effective,
legitimate exercise of such rights and
freedoms, including freedom of expression, freedom of association for peaceful purposes and freedom of
thought, conscience and religion, both individually and together with other members of the same group,
without any discrimination on grounds of race, nationality, language, religion or sex, and to respect and
ensure respect for diversity and pluralism in its society, and promote tolerance between different groups in
society. The Euro-Mediterranean Charter on Peace and Stability, which is still being drafter, could include
if adopted at the fourth Ministerial Euro-Mediterranean Conference in
some of these principles and,
Marseilles in November, would further emphasise the importance of respect
for human rights and
democracy.

The other main framework for discussion on progress of human rights and democracy is that formed
3.
by the Euro-Mediterranean Association Agreements. These provide that respect for democratic principles
and fundamental human rights constitutes (cid:145)an essential element(cid:146) of the agreements. Negotiations on a
Euro-Mediterranean Association Agreement with Egypt were concluded last year, and the Agreement is
expected to be signed in the very near future. Once in force, the Agreement should institutionalise political
dialogue between the European Union and Egypt, especially on the subject of human rights. Article2 of the
future Agreement stipulates that the relations between the parties, as well as all the provisions of the
Agreement itself, shall be based on respect of democratic principles and fundamental human rights, as set
out in the Universal Declaration on Human Rights, which guides their internal and international policy.
Even before the Association Agreement with Egypt is in force, the EU will continue to take every
opportunity at different levels to remind Egypt of its concern about the human rights situation and of
the need to respect fundamental freedoms. Most recently, the Union has voiced serious concern to the
Egyptian authorities regarding the arrest of Dr Saadeddin Ibrahim.

(2001/C 113 E/052)

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 (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 1 068-1 069 of the Nederlands Juristen Blad of 26 May
2000, and in an article in De Telegraaf of 29 May 2000.

18.4.2001

EN

Official Journal of the European Communities

C 113 E/57

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 Council
situation?

(1) OJ L 159, 1.7.1993, p. 134.
(2) OJ L 370, 19.12.1992, p. 76.

intend to take to remedy this unintended but potentially serious

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(cid:146)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.

The Council invites the Honourable Member to approach the Commission directly for clarification of

3.
this matter.

The Council has no information regarding the convictions to which the Honourable Member refers

4.
and would remind him that any criminal proceedings are a matter of national jurisdiction.

(2001/C 113 E/053)

WRITTEN QUESTION E-2026/00

by Pedro Marset Campos (GUE/NGL) to the Commission

Subject: Pollution of the River Segura (Murcia-Spain)

(21 June 2000)

Pollution of the river Segura (Murcia-Spain) affects the populations of Murcia, Orihuela, the Vega Media
and the Vega Baja in the Murcia region and Alicante in the Valencian Autonomous Community; it is a
serious problem, and one that is being solved only very slowly by the relevant authorities.