ADOPTED . IT ADDS THAT , IF SUCH WERE THE CASE , THE QUESTION WHETHER A CUSTOMS DEBT AROSE WOULD OFTEN DEPEND ON THE MERE CHANCE OF DISCOVERY .
5 IN THOSE CIRCUMSTANCES , THE NATIONAL COURT HAS SUBMITTED VARIOUS QUESTIONS FOR A PRELIMINARY RULING , THE FIRST BEING AS FOLLOWS :
' ' ARE THE PROVISIONS OF THE EEC TREATY ON THE CUSTOMS UNION ( ARTICLES 9 ( 1 ) AND 12 TO 29 ) TO BE INTERPRETED AS MEANING THAT SINCE THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF A MEMBER STATE HAS NO LONGER BEEN AUTHORIZED TO LEVY CUSTOMS DUTIES ON SMUGGLED DRUGS WHICH IN THE EVENT OF DISCOVERY WOULD HAVE TO BE CONFISCATED AND DESTROYED?
' '
6 BEFORE THAT QUESTION IS DEALT WITH , IT IS APPROPRIATE TO CONSIDER THE PRELIMINARY QUESTION WHETHER THE UNLAWFUL IMPORTATION INTO THE COMMUNITY OF ILLEGALLY MARKETED DRUGS GIVES RISE TO A CUSTOMS DEBT .
7 SO PHRASED , THE QUESTION DOES NOT CONCERN THE PROBLEM OF THE UNLAWFUL IMPORTATION OF PRODUCTS IN GENERAL BUT THAT OF THE UNLAWFUL IMPORTATION OF DRUGS .
8 AS THE COURT POINTED OUT IN THE HORVATH JUDGMENT CITED ABOVE , DRUGS SUCH AS MORPHINE , HEROIN AND COCAINE DISPLAY SPECIAL FEATURES IN SO FAR AS THEIR HARMFULNESS IS GENERALLY RECOGNIZED AND THEIR IMPORTATION AND MARKETING ARE PROHIBITED IN ALL THE MEMBER STATES , EXCEPT IN TRADE WHICH IS STRICTLY CONTROLLED AND LIMITED TO AUTHORIZED USE FOR PHARMACEUTICAL AND MEDICAL PURPOSES .
9 THIS LEGAL POSITION IS IN CONFORMITY WITH THE SINGLE CONVENTION ON NARCOTIC DRUGS , 1961 , ( UNITED NATIONS TREATY SERIES 520 , NO 7515 ), TO WHICH ALL THE MEMBER STATES ARE NOW PARTIES . IN THE PREAMBLE TO THAT CONVENTION THE PARTIES STATE THAT ADDICTION TO NARCOTIC DRUGS CONSTITUTES A SERIOUS EVIL FOR THE INDIVIDUAL AND IS FRAUGHT WITH SOCIAL AND ECONOMIC DANGER TO MANKIND ; THEY DECLARE THAT THEY ARE CONSCIOUS OF THEIR DUTY TO PREVENT AND COMBAT THAT EVIL , WHILST RECOGNIZING THAT THE MEDICAL USE OF NARCOTIC DRUGS IS INDISPENSABLE FOR THE RELIEF OF PAIN AND THAT ADEQUATE PROVISION MUST BE MADE TO ENSURE THE AVAILABILITY OF NARCOTIC DRUGS FOR SUCH PURPOSES . PURSUANT TO ARTICLE 4 OF THE CONVENTION THE PARTIES ARE TO TAKE ALL THE MEASURES NECESSARY TO LIMIT EXCLUSIVELY TO MEDICAL AND SCIENTIFIC PURPOSES THE PRODUCTION , MANUFACTURE , EXPORT , IMPORT , DISTRIBUTION OF , TRADE IN , USE AND POSSESSION OF DRUGS .
10 AS A RESULT , DRUGS WHICH ARE NOT CONFINED WITHIN CHANNELS OF DISTRIBUTION STRICTLY CONTROLLED BY THE COMPETENT AUTHORITIES FOR USE FOR MEDICAL AND SCIENTIFIC PURPOSES ARE SUBJECT , BY DEFINITION , TO A TOTAL PROHIBITION OF IMPORTATION AND DISTRIBUTION IN ALL THE MEMBER STATES .
11 IN PRACTICE , AS SOON AS SUCH DRUGS ARE DISCOVERED THEY ARE SEIZED AND DESTROYED IN ACCORDANCE WITH THE NATIONAL DRUGS LAWS , EXCEPT IN A NUMBER OF RARE CASES WHERE THE PRODUCT SEIZED LENDS ITSELF TO MEDICAL OR SCIENTIFIC USE AND