Answer given by Mr Barrot on behalf of the Commission

17.11.2009

The European Community has set up, in 1997, an EC early-warning system as a rapid-response mechanism to new psychoactive substances in the illicit drug market[1]. This instrument provides a legal framework, after careful risk assessment, for bringing these substances under control throughout the EU. According to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), over 90 substances have been tracked through this channel to date. In 2008, 13 new psychoactive substances were reported by Member States to the EMCDDA and Europol through the system. Of these, 11 were new synthetic drugs and two were plants. The disguised marketing of hallucinogens should be reported through the Early Warning System to alert other Member States.

Under European product safety rules[2], ‘Member States have all the necessary powers to act against any consumer product that poses a risk to the health and safety of consumers — and the obligation to do so immediately when they become aware of such risk’.

• [1] Joint Action 97/396 replaced by Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances, OJ L 127, 20.5.2005.
• [2] Directive 2001/95/EC of the Parliament and the Council of 3 December 2001 on general product safety, OJ L 11, 15.1.2002.