WRITTEN QUESTION E-2757/01 by Jonas Sjöstedt (GUE/NGL) to the Commission. Classification of GHB as a narcotic.
Date: 2001-10-09
Institutions: European Parliament, Provisional data
Subjects: Sweden, World Health Organisation, drugs classification, medicinal product, narcotic, psychotropic substance

20.6.2002

EN

Official Journal of the European Communities

C 147 E/49

The Commission feels that this state of affairs affects neither the provisional application nor the full entry
into force of the TDCA. It does not rule out the possibility that parties will return to the negotiating table
at a later stage.

Negotiations on the Wine and Spirits Agreements had shown only slow progress in the months preceding
the summer 2001, until
it was decided to hold a South Africa-Community Cooperation Council on
26 June 2001. At the Council it was agreed that a group of six high level officials would meet in order to
work out a solution for the outstanding issues: the phasing out of trademarks which conflict with
protected names, opening of the wine quota and access to the European markets for blended wines. The
group met on 25 July 2001 and agreed on a Memorandum of Understanding, which is to be the basis for
finalisation of the Wine and Spirits Agreements.

To date three Member States have ratified the TDCA: Denmark, the Netherlands and Sweden. The
Commission trusts that a speedy conclusion of the outstanding Wine and Spirit Agreements will remove
any potential threat to the ratification and full application of the TDCA.

(1) OJ L 311, 4.12.1999.

(2002/C 147 E/049)

WRITTEN QUESTION E-2757/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

(9 October 2001)

Subject: Classification of GHB as a narcotic

On 13 December 2000 the Swedish Government decided to classify GHB as a narcotic and banned it from
1 February 2000. All handling of GHB then became a criminal offence ; in Sweden it was therefore
prohibited to buy, sell, possess or use GHB. The courts would decide the penalties for these offences. GHB
has caused a number of deaths in Sweden. It has mainly been used by young people as a party drug. An
attempt to get after the drug under the ‘doping law’ failed when the Gothenburg District Court gave an
acquittal in a case in December 1999.

However GHB is approved as a medicinal product in several EU countries. A Swedish ban on GHB is in
principle a technical barrier to trade. There might therefore be objections in other EU countries to its
classification. Sweden has told the Commission that it intends to classify it as a narcotic.

The Commission has not objected to Sweden’s decision. Can the Commission state what decision has been
taken in this matter in the light of Sweden’s announcement of its decision to classify GHB?

Answer given by Mr Vitorino on behalf of the Commission

(14 November 2001)

Sweden notified the Commission in December 1999 of her intention to classify Gammahydroxybutyrate
(GHB) as a narcotic drug according to Swedish legislation on illicit drugs. The need to notify the
Commission stems from the fact that GHB is in legitimate medical use in some Member States and
classifying it as a narcotic drug could be considered as a technical barrier to free trade. A derogation to the
principle of free trade has to be justified in line with the EC Treaty requirements e.g. on grounds of a
threat to public health.

GHB appeared in illicit markets in Sweden and GHB has been associated with 11 deaths in the Community
between September 1995 and January 2000 and, hence, the Commission did not object the Swedish
notification.

C 147 E/50

Official Journal of the European Communities

EN

20.6.2002

Legislation on the control of illicit drugs falls mostly under the competence of the Member States. The
drug control legislation in Member States is based on the United Nations Conventions from 1961, 1971
and 1988, which have been signed and ratified by all Member States. The level of control on each
substance depends on the Schedule (I to IV with Schedule I requiring the strictest control) of the
Conventions in which it is placed. The 32nd World Health Organisation (WHO) Expert Committee on
Drug Dependence recommended to the United Nations (UN) Commission on Narcotic Drugs (CND) that
GHB be listed in Schedule IV of the 1971 United Nations (UN) Convention on Psychotropic Substances.
This would mean that the control measures to be applied to GHB would resemble those applied to
commonly used medical products like benzodiazepins.

However, according to the United Nations (UN) Conventions, a country party to the Conventions may
adopt stricter or more severe measures than those provided by the Conventions if, in its opinion, such
measures are desirable or necessary. Hence, it is left to the countries to decide, if they want to classify a
substance to a schedule requiring stricter control measures. Therefore, the Commission has no objection
on the Swedish initiative to reclassify GHB as an illicit substance.

(2002/C 147 E/050)

WRITTEN QUESTION E-2766/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

Subject: Warning to Sweden for late submission of maps

(9 October 2001)

In November 1999 the Commission gave a warning to Sweden and three other countries for their failure
to forward maps showing State regional aid on time. There was a temporary interruption of payments.

Has the error now been corrected or is Sweden still having problems in forwarding maps showing State
regional aid?

Answer given by Mr Monti on behalf of the Commission

(12 November 2001)

By letter dated 22 October 1999, the Swedish authorities notified the Swedish regional aid map for the
period 2000 to 2006 in accordance with Article 88(3) (ex Article 93) of the EC Treaty.

The examination of the notification by the Commission showed that the notified file was incomplete. At a
meeting on 12 November 1999 and by letter of 25 November 1999, the Commission asked the Swedish
authorities to complete the notification. The Swedish authorities provided these elements by letters of
21 December 1999 and 8 February 2000. By letter of 17 February 2000, the Swedish authorities modified
their notification (revision of the aid intensity ceiling proposed).

The Commission decided to approve the Swedish regional aid map on 29 March 2000. It informed the
Swedish authorities of the decision by letter No SG(2000) D/103189 of 17 April 2000.

(2002/C 147 E/051)

WRITTEN QUESTION E-2774/01

by Alexandros Alavanos (GUE/NGL) to the Commission

(9 October 2001)

Subject: Eutrophication and dangerous toxins in nine large lakes in Greece

The results of studies by the Aristotle University of Thessaloniki show that the considerable increase in
levels of blue-green algae, or cyanobacteria, caused by eutrophication of the water in nine Greek lakes
(Kastoria, Ioannina, Volvi, Doirani, Mikri Prespa, Vistonida, Ambrakia, Zazari and Koronia) has led to the