Activites

• 2004/11/11 Final act published in Official Journal
• #2613
• 2004/10/25 Council Meeting
• 2004/10/25 End of procedure in Parliament
• 2004/10/25 Act adopted by Council after consultation of Parliament
• 2004/03/09 Decision by Parliament, 1st reading/single reading
  • T5-0150/2004 summary

    The European Parliament adopted a resolution drafted by Arie OOSTLANDER (EPP-ED, NL) approving the draft Framework Decision subject to just one amendment. This stated that the aim of the Framework Decision is to tackle serious and/or international illegal drug trafficking.�

• 2004/03/08 Debate in Parliament
  • Debate in Parliament
• 2004/02/09 Committee report tabled for plenary, reconsultation
  • A5-0095/2004
• 2004/02/09 Vote in committee, 1st reading/single reading
• 2003/12/09 Formal reconsultation of Parliament
• 2003/11/26 Amended legislative proposal for reconsultation published
  • 15102/2/2003 summary

    The Council, taking note of the Parliamentary scrutiny reservations by the Irish, Danish, Swedish and Netherlands delegations, has reached an agreement on the framework-decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking. The approved text provides a new definition of penalties and the reports on the implementation of the framework decision. Furthermore, in the light of the fact that the Commissions' original proposal has undergone substantial changes as a result of the negotiations, the Coreper/Council is invited to agree to reconsult the European Parliament on the draft Framework Decision. Amendments are as follows: 1) Concerning the penalties : 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 in 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 shall not be included in the scope of this 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, European Union action should focus on the most serious types of drug offence. 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. 2) Penalties provided for by the Member States should be effective, proportionate and dissuasive, and include custodial sentences. To determine the level of penalties, factual elements such as the quantities and the type of drugs trafficked, and whether the offence was committed within the framework of a criminal organisation should be taken into account. Member States should be allowed to make provision for reducing the penalties when the offender has supplied the competent authorities with valuable information. The need for legislative action to tackle illicit drug trafficking has been recognised in particular in the Action Plan of the Council and the Commission, adopted by the Justice and Home Affairs Council in Vienna on 3 December 1998, on how best to implement the provisions of the Amsterdam Treaty on an area of freedom, security and justice, the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular point 48 thereof, the European Union's Drugs Strategy (2000-2004) endorsed by the Helsinki European Council from 10 to 12 December 1999 and the European Union's Action Plan on Drugs (2000-2004) endorsed by the European Council in Santa Maria da Feira on 19 and 20 June 2000.�

  • DG [{'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}],
• #2469
• 2002/11/28 Council Meeting
  • 2469 summary

    The Council continued its examination of the proposal for a Framework Decision on minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking. The Council focused again its examination on the issue of penalties (Article 4 of the proposal) and noted that the compromise text tabled by the Presidency, while broadly welcomed, was not accepted by a small number of delegations.�

• #2455
• 2002/10/14 Council Meeting
  • 2455
• #2436
• 2002/06/13 Council Meeting
  • 2436
• 2002/04/25 Decision by Parliament, 1st reading/single reading
  • T5-0195/2002 summary

    The European Parliament adopted, without debate, the report by Mr Arie OOSTLANDER (EPP-ED, NL). Parliament also stipulates that in view of the health risks, European Union drugs policy should focus on prevention. Tackling illicit drugs trafficking can only be a component of this general drugs policy. Repression should be targeted not at drug users themselves, but at drug traffickers and the criminal and terrorist organisations which derive funds from trafficking in order to finance their illegal activities. Parliament includes an amendment which states that Member States should take the necessary measures to ensure that confiscation of proceeds also serves to increase budgets for programmes for prevention and for the rehabilitation of drug users and for programmes to support their families. It is also essential to co-operate with the competent international bodies in cases of illicit international drug trafficking beyond the border of the Member States. Systematic and effective co-operation between Member States is needed therefore in this context Europol and Eurojust should be recognised and become fully operational. Greater operationality required a stronger legal basis, particularly so as to ensure control by the European Parliament and full jurisdiction for the Court of Justice of the European Communities. Parliament also referred to the need for Member States to achieve a minimum consensus on the admissibility of the various investigative methods, resulting in a binding instrument ensuring minimum safeguards with regard procedural law. Finally, the European Parliament decided that the Commission shall draw up a report evaluating the application of the provisions of this framework decision by the Member State for the first time by 30 June 2007 at the latest, and every three years thereafter (as opposed to every five years as initially stated).�

• 2002/04/18 Vote in committee, 1st reading/single reading
  • A5-0123/2002
• 2002/02/05 Decision by Parliament, 1st reading/single reading
  • T5-0029/2002 summary

    The European Parliament rejected the report by Mr Arie M. OOSTLANDER (EPP-ED, NL). Parliament voted 228 for, 247 against and 58 abstentions. It was referred back to committee. The Socialist, the Greens and most of the Liberals voted against the report.�

• 2002/02/04 Debate in Parliament
  • Debate in Parliament
• 2001/12/18 Vote in committee, 1st reading/single reading
  • A5-0460/2001
• 2001/09/03 Committee referral announced in Parliament, 1st reading/single reading
• 2001/05/23 Legislative proposal published
  • COM(2001)0259 summary

    PURPOSE: To develop harmonised measures laying down minimum provisions for criminal acts and penalties in the field of illicit drug trafficking. CONTENT: Given the international nature of drug trafficking, Member States have awarded the European Union some authority over coordinating a comprhensive drugs policy. Four main elements to date have guided Community action in this field: - Reduction in demand; - Reduction in supply; - International co-ordination; and - Co-ordination at national and EU level. More recent EU anti-drugs policy, formulated in "The European Union's Action Plan on Drugs 2000-2004", calls for greater harmonisation of definitions and penalties for illicit drug trafficking. The Action Plan explicitly calls on the Commission to draw up measures aimed at realising the objectives set out above. The Commission has decided to propose this framework decision in order to lay down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking. The need to adopt a common and clearly-defined approach to the problem of illicit drug trafficking should also be seen in the context of the future enlargement of the European Union. Lastly, the aims of this framework decision cannot be achieved by the Member States, given the transnational dimension of the offence, and can therefore best be attained by the European Union, in accordance with the principles of subsidiarity and proportionality.�

  • DG [{'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}],

Documents

• Legislative proposal published: COM(2001)0259
• Committee report tabled for plenary, 1st reading/single reading: A5-0460/2001
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0029/2002
• Committee report tabled for plenary, 1st reading/single reading: A5-0123/2002
• Decision by Parliament, 1st reading/single reading: T5-0195/2002
• Debate in Council: 2436
• Debate in Council: 2455
• Debate in Council: 2469
• Amended legislative proposal for reconsultation published: 15102/2/2003
• Committee report tabled for plenary, reconsultation: A5-0095/2004
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0150/2004

History

(these mark the time of scraping, not the official date of the change)