L 127/32 Official Journal of the European Union 20.5.2005 (Acts adopted under Title VI of the Treaty on European Union) COUNCIL DECISION 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 29, 31(1)(e) and 34 (2)(c) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: The particular dangers inherent in the development of psychoactive substances require rapid action by the Member States. When new psychoactive substances are not brought within the scope of criminal law in all Member States, problems may arise in cooperation between the judicial authorities and law enforcement agencies of Member States owing to the fact that the offence or offences in question are not punishable under the laws of both the requesting and the requested State. The European Union Action Plan on Drugs 2000-2004 provided for the Commission to organise an appropriate assessment of the Joint Action of 16 June 1997 concerning the information exchange, risk assessment and the control of new synthetic drugs (?) (herineafter ‘the Joint Action’) taking into account the external evaluation commissioned by the European Monitoring Centre on Drugs and Drug Addiction (hereinafter ‘the EMCDDA) of the early warning system. The assessment showed that the Joint Action had fulfilled its expec- tations. Nevertheless, the outcome of the assessment made it clear that the Joint Action was in need of rein- forcement and reorientation. In particular, its main objective, the clarity of its procedures and definitions, the transparency of its operation, and the relevance of its scope had to be redefined. The Communication from the Commission to the European Parliament and the (") Opinion delivered on 13 January 2004 (not yet published in the Official Journal). () OJ L 167, 25.6.1997, p. 1. Council on the mid-term evaluation of the EU Action Plan on Drugs (2000-2004) indicated that changes to the legislation would be introduced in order to enhance action against synthetic drugs. The mechanism as estab- lished by the Joint Action should therefore be adapted. New psychoactive substances can be harmful to health. The new psychoactive substances covered by this Decision may include medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products (}) and in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use (¥). The information exchange under the early warning system, established under the Joint Action, has proved to be a valuable asset to the Member States. Nothing in this Decision should prevent Member States from exchanging information, within the European Infor- mation Network on Drugs and Drug Addiction (here- inafter ‘the Reitox network’), on emerging trends in new uses of existing psychoactive substances which may pose a potential risk to public health, as well as information on possible public health related measures, in accordance with the mandate and procedures of the EMCDDA. No deterioration of either human or veterinary health care as a result of this Decision will be permitted. Substances of established and acknowledged medical value are therefore excluded from control measures based on this Decision. Suitable regulatory and public health related measures should be taken for substances of established and acknowledged medical value that are being misused. () OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive 2004/28EC (O] L 136, 30.4.2004, p. 58). ( OJ L 311, 28.11.2001, p. 67. Directive as last amended by Directive 2004/27[EC (O] L 136, 30.4.2004, p. 34).