Independent MEP Marian Harkin has established with the European Commission that ‘head shop’ products can be controlled immediately on the basis of public health or safety. 

Referring to correspondence from the European Commission Marian Harkin said:-
“Recent statements from the Irish Government indicate that they must wait three months before getting E.U. clearance to ban or control certain substances yet on close reading of the E.U. directive it is clear that this three month moratorium does not apply in certain cases eg. Those "occasioned by serious and unforeseeable circumstances relating to the protection of public health or safety"

“Without any doubt recent events in Ireland and the U.K. indicate that we need to protect public health and safety immediately and Article 9(7) of the relevant directive allows us to act now.

“It is also worth noting that some of the substances that the Irish Government propose to ban or control are already controlled in other E.U. states e.g. Mephredone is controlled in Denmark, Germany, Estonia, Romania, Sweden and Norway, the Netherlands and Finland.

“GBL is controlled in Bulgaria, Latvia, Italy, Romania, Sweden and the U.K.
1.4BBD is controlled in Sweden and Bulgaria.

“Overnight the Irish Government guaranteed the banks and sorted it out with the E.U. Commission later- This situation is every bit as important- the legislation allows them to act so there is no excuse for waiting"- Marian Harkin concluded.