COM(2022)0251
EUR-Lex

The Commission presents a report on the implementation of Framework Decision 2004/757/JHA which sets out to establish minimum rules relating to the constituent elements of the offences of illicit trafficking in drugs and precursors, so as to allow a common approach at EU level to the fight against such trafficking.

The effectiveness of the efforts made depends essentially on the harmonisation of the national measures implementing the Framework Decision. The Commission notes that six Member States did not comply with their obligation to transmit information, and are not covered in the report. These are Cyprus, Spain, Greece, Italy, Malta and the United Kingdom. It also remarks on gaps regarding information from Member States regarding transposition of the legislation.

The report carries out an analysis of national implementing measures and notes the following:

Crimes linked to trafficking in drugs and precursors (Article 2): with regard to crimes linked to trafficking in drugs, the report notes that seven Member States have ambiguous legislation which does not guarantee full application of the Framework Decision in a sufficiently clear manner. With regard to crimes linked to trafficking in precursors, both Denmark and France stated that trafficking in precursors is not covered in their criminal law, but can fall within the offences of drug trafficking or aiding and abetting drug trafficking. The Commission has serious doubts about the compliance of these systems, particularly with respect to Article 3 on incitement. The Commission’s fear is that the absence of a separate offence of precursor trafficking will prevent this trafficking from being properly recorded, particularly with respect to attempt, incitement and aiding and abetting.

Penalties (Article 4): with regard to standard offences , the legislation of five Member States raises problems of interpretation, owing largely to a lack of information. In 12 Member States penalties are more than twice the range proposed by the Framework Decision, meaning that there are maximum penalties of six years or more or even life imprisonment. On the whole, legislative disparities between the Member States seem to remain unchanged. At the same time, maximum sentences are meaningful only in the context of proceedings actually initiated and penalties actually imposed by the courts. A comparison of judicial practice in each Member State would enable an assessment of the extent to which the objective of aligning national systems has been achieved in practice. In this context, the complexity of the Dutch system and the controversies relating to coffee shops merit particular attention. The Commission concludes that all the national legislation of which it has been informed is formally compliant, but expresses regret at the heterogeneous nature of this legislation and has concerns regarding its practical application.

Operation and effects on judicial cooperation : the difficulty of studying the operation of the Framework Decision and its effects on judicial cooperation lies primarily in the collection of data on judicial practice in the Member States. The Commission has relied on information from Eurojust and the European Judicial Network (EJN).

· Eurojust’s input : from 2004 to 2008, Eurojust recorded 771 drug trafficking cases, which showed a significant increase from 77 cases in 2004 to 207 in 2007. Drug cases account for 20% of the cases handled by Eurojust between 2004 and 2008. It is interesting to note that of 151 drug trafficking cases associated with one or more other crimes, 65 involved participation in a criminal organisation. The report shows that there has been a clear increase in judicial cooperation on drug trafficking between Member States through Eurojust since 2004. However, it is at this stage impossible to distinguish how the Framework Decision has affected such cooperation, or to measure its impact. This question was the focus of the questionnaire to the EJN.

· Input of the EJN : the contact points of the EJN in ten Member States replied to the Commission’s questionnaire. The general impression given by their data is that although specialists are familiar with the Framework Decision, they regard its importance as minor, because it has not resulted in many changes to national legislation. The question of the Framework Decision’s effect on cooperation remains open, because the Framework Decision does not concern judicial cooperation directly, and because no Member State seems to have a centralised system enabling it to measure trends in judicial cooperation in drug trafficking cases. The replies often point to a degree of uncertainty amongst specialists, for example in Finland, France and Portugal.

Conclusion : the report concludes that implementation of the Framework Decision has not been completely satisfactory. While the majority of Member States already had a number of the provisions in place, a number have also demonstrated – often in sketchy answers – that they have not always amended their existing legislation where the Framework Decision required it. Six Member States provided no information whatsoever. There has thus been little progress in the alignment of national measures in the fight against drug trafficking. The weak impact of the Framework Decision is confirmed by the EJN’s input. It is difficult to establish a link between the Framework Decision and the progress in judicial cooperation described by Eurojust. The Commission consequently invites those Member States which have submitted no information, or incomplete information, to comply with their obligations under the Framework Decision.

COM(2009)0669
EUR-Lex

This working document from the Commission services accompanies the Commission’s report on the implementation of Framework Decision 2004/757/JHA laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking. The latter sets out sets out to establish minimum rules relating to the constituent elements of the offences of illicit trafficking in drugs and precursors, so as to allow a common approach at European Union level to the fight against such trafficking. The effectiveness of the efforts made depends essentially on the harmonisation of the national measures implementing the Framework Decision.

In accordance with Article 9 the Commission presents a report on the operation of the Framework Decision, including its operation and effects on international judicial cooperation. The Annex gives a detailed analysis on which the conclusions of the report are based.

SEC(2009)1661
EUR-Lex

PURPOSE : to lay down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking.

LEGISLATIVE ACT : Council Framework Decision 2004/757/JHA.

CONTENT : this Decision provides that each Member State shall take the necessary measures to ensure that the following intentional conduct when committed without right is punishable: - the production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of drugs; - the cultivation of opium poppy, coca bush or cannabis plant; - the possession or purchase of drugs with a view to conducting one of the activities listed above; - the manufacture, transport or distribution of precursors, knowing that they are to be used in or for the illicit production or manufacture of drugs. The conduct described above will not be included in the scope of the Framework Decision when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law.

By virtue of the principle of subsidiarity, EU action should focus on the most serious types of drug offence. The Decision states that the exclusion of certain types of behaviour as regards personal consumption from the scope of the Framework Decision does not constitute a Council guideline on how Member States should deal with these other cases in their national legislation.

With regard to penalties, the Decision provides as follows:

-Member States must ensure that the offences referred to above are punishable by criminal penalties of a maximum of at least between one and three years of imprisonment;

-this is increased to a maximum of at least between 5 and 10 years of imprisonment in certain prescribed circumstances, such as if the offence involves large quantities of drugs;

-there is a maximum of at least 10 years of deprivation of liberty, where the offence was committed within the framework of a criminal organisation as defined in Joint Action 98/733/JHA;

-Member States are allowed to make provision for reducing the penalties when the offender has supplied the competent authorities with valuable information;

- there are provisions enabling Member States to take measures to enable the confiscation of the proceeds of the offences referred to in the Framework Decision;

- Measures must be taken to ensure that legal persons can be held liable for the criminal offences referred to by this Framework Decision which are committed for their benefit.

ENTRY INTO FORCE : 12/11/2004.

T5-0150/2004
OJ C 102 28.04.2004, p. 0034-0479 E

T5-0150/2004

Debate in Parliament

A5-0095/2004

A5-0095/2004

15102/2/2003

15102/2/2003

2469

2455

2436

T5-0195/2002
OJ C 131 05.06.2003, p. 0015-0098 E

T5-0195/2002

A5-0123/2002

A5-0123/2002

T5-0029/2002
OJ C 284 21.11.2002, p. 0023-0094 E

T5-0029/2002

Debate in Parliament

A5-0460/2001

A5-0460/2001

EUR-Lex
OJ C 270 25.09.2001, p. 0144 E
COM(2001)0259

EUR-Lex
COM(2001)0259