Tag Archives: Fight against drugs

Regional strategy for CAN 2007-2013

Regional strategy for CAN 2007-2013

Outline of the Community (European Union) legislation about Regional strategy for CAN 2007-2013

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Latin america

Regional strategy for CAN 2007-2013

Document or Iniciative

European Community – Andean Community Regional Strategy Paper 2007-2013 .

Summary

The regional strategy paper (RSP) defines the objectives and priorities for cooperation between the European Union (EU) and the Andean Community (CAN) for the period 2007-2013. It aims at responding to the challenges faced by CAN countries. Essentially, these challenges include the strengthening of democracy, political stability, respect for human rights and the rule of law, social cohesion, economic development, the fight against drugs and the protection of the environment. In this respect, it supplements the country strategy papers (CSPs) produced for each of the countries in the region.

Within this context, regional cooperation constitutes an added value based on cooperation between the countries. However, the willingness of the partner countries, i.e. Bolivia, Colombia, Ecuador and Peru, to cooperate and to embrace this cooperation is fundamental for the implementation of the RSP.

EU response strategy

In order to promote regional integration, the RSP has identified priority action areas according to their comparative advantage. These priorities are specified in the regional indicative programme (RIP) for the period 2007-2010.

Regional economic integration is essential for the creation of the Andean common market. It also offers a perspective for facilitating negotiations between the EU and CAN towards an association and free trade agreement. Actions in the area include the following:

  • harmonisation or mutual recognition of legislation;
  • trade in goods and services and tightening of trade relations between the two regions;
  • promotion of customs and trade facilitation and acceptance of international standards in this area;
  • rendering CAN more attractive for foreign investors.

Social and economic cohesion benefits the fight against poverty, inequality, unemployment and exclusion. The specific objectives in this area include the following:

  • stimulate further development of a comprehensive CAN social policy by an integrated approach to social and economic cohesion;
  • encourage field projects and cross-border and cross-national contacts;
  • create synergies between social cohesion and the protection of the environment by integrating sustainable natural resource management into projects.

The fight against drugs and crime is a priority area for the region, which is the main producer of cocaine in the world. Effective measures can also limit their destabilising effect on democratic institutions and the social tissue. Objectives in this area include the following:

  • a global approach to the anti-drug policies of CAN countries, ranging from suppression to prevention, and with due consideration being given to reintegration;
  • promotion of complementary policies at regional and national level.

Within this context, the strengthening of the institutional capacities of CAN countries and the region’s integration in the world economy constitute essential elements of the strategy.

Moreover, in order to strengthen the impact of actions carried out, projects implemented under these priorities integrate cross-cutting themes, i.e. energy, transport, employment, gender equality, indigenous peoples’ rights, consumers’ rights, good governance and environmental viability. Civil society is also involved in implementation.

Implementation details

The indicative budget for the RSP for 2007-2013 under the Development Cooperation Instrument (DCI) amounts to 50 million. Two thirds of this budget covers the period 2007-2010 (RIP I) and one third the period 2011-2013 (RIP II). The funds will then be allocated to the various priority areas. The latter will be reviewed in 2010.

RIP also offers a perspective of expected results for the various priorities, such as:

  • an increase in trade and investment within the framework of an integrated market;
  • complementarity in regional and national social and economic cohesion policies;
  • close coordination in the fight against drugs.

Background

Cooperation between the EU and CAN, derived from the 1969 Andean Agreement, is included in the development cooperation framework (Article 177 of the Treaty establishing the European Community). It pursues the objectives defined by both the Development Consensus and the reinforced partnership with Latin America. In this respect, the RSP for 2007-2013 pursues the objectives of the previous RSP (2002-2006), from which it has drawn experience.

Combating drugs

Combating drugs

Outline of the Community (European Union) legislation about Combating drugs

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Combating drugs

Combating drugs

Well-being, social cohesion and security are all objectives which guide the action taken by the European Union in combating drugs. In this context, the EU’s action focuses mainly on reducing supply and demand, which links up with both the fight against organised crime and a high level of health protection. The main components are: greater coordination between the competent services in the EU; harmonisation in the field of infringements and penalties; and effective international cooperation. To this end, bodies such as the European Monitoring Centre for Drugs and Drug Addiction and instruments such as the financial strategies and programmes complete the policy framework to combat drugs effectively and to achieve all these defined objectives.

GENERAL FRAMEWORK

  • European Monitoring Centre for Drugs and Drug Addiction
  • ‘Drug prevention and information’ programme (2007-2013)
  • The EU drugs strategy (2005-12)
  • Prevention and reduction of risks associated with drug dependence
  • The role of civil society in drugs policy in the European Union

FIGHT AGAINST DRUG TRAFFICKING

  • Lawful transmission of samples of controlled substances
  • Criminal acts and the applicable penalties
  • Operational investigation methods
  • Targeting criteria for controls and collection of customs and police information
  • Cooperation between customs authorities and business organisations of the Member States
  • Police/customs agreements in the fight against drugs
  • Approximation of the laws of the Member States (1)
  • Approximation of the laws of the Member States (2)

FIGHT AGAINST THE MANUFACTURE OF DRUGS

  • Drug precursors: external aspects
  • Drug precursors: internal aspects
  • Stronger control measures for the synthetic drug BZP
  • Information exchange, risk assessment and control of new psychoactive substances
  • Exchange of information on drugs

PROGRAMMES AND PLANS OF ACTION

  • The EU drugs action plan (2009-12)
  • The EU drugs action plan (2005-08)
  • Programme of Community action in the field of public health (2003-2008)
  • Action Plan to Combat Drugs (2000-2004)
  • Action plan to combat drugs (1995-1999)
  • National programmes for the reduction of drug demand: second report
  • National programmes for the reduction of drug demand: first report

Criminal acts and the applicable penalties

Criminal acts and the applicable penalties

Outline of the Community (European Union) legislation about Criminal acts and the applicable penalties

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Combating drugs

Criminal acts and the applicable penalties

Document or Iniciative

Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking.

Summary

This framework decision lays down minimum provisions on criminal acts and the penalties applicable to drug trafficking.

Offences

The framework decision requires each European Union (EU) country to take the necessary measures to sanction all intentional behaviour relating to the trafficking in drugs and precursors.

“Drugs” are defined as any substances covered by the 1961 United Nations (UN) Convention on Narcotic Drugs or the 1971 UN Convention on Psychotropic Substances or as any substances subject to controls under Joint Action 97/396/JHA. Precursors are substances used to produce legal products such as medicines, but that can also be used to produce illicit drugs. They are classified in EU law on the basis of Article 12 of the 1988 UN Convention.

Acts linked to drug trafficking include production, manufacture, extraction, sale, transport, importation and exportation. Possession and purchase with a view to engaging in activities linked with drug trafficking are also taken into account, as are the manufacture, transport and distribution of precursors. Incitement to drug trafficking, aiding and abetting such activity, and attempting to traffic in drugs are regarded as offences.

However, this framework decision does not cover activities relating to the trafficking in drugs for personal consumption.

Liability of legal persons

The framework decision requires EU countries to take measures to ensure that legal persons can be held to account for offences linked with trafficking in drugs and precursors, as well as for aiding and abetting, inciting or attempting such activity. The concept of legal persons as used here does not include states and public bodies in the exercise of their powers or public international organisations.

An organisation is liable if the offence is committed by an individual who has a leading position within that organisation. It is also held responsible for shortcomings in supervision or control. However, the liability of legal persons does not exclude criminal proceedings against natural persons.

Sanctions

The framework decision requires EU countries to take the necessary measures to ensure that offences are subject to effective, proportionate and dissuasive penalties.

If an offence is committed in whole or in part within an EU country’s territory, that country must take measures, provided that the offender is one of its nationals or that the offence was committed for the benefit of a legal person established within its territory.

The maximum penalties for minor offences must be at least between one and three years’ imprisonment. EU countries must also take the necessary measures to confiscate substances used to commit offences.

Maximum penalties must be at least between five and ten years of deprivation of liberty in cases where the offence:

  • involves large quantities of drugs;
  • involves those drugs that are most harmful to health;
  • is committed within the framework of a criminal organisation.

However, penalties may be reduced if the offender renounces his illegal activities and provides information to the administrative or legal authorities that will help identify other offenders.

Sanctions for legal persons must include fines for criminal or non-criminal offences. Other sanctions may also be imposed, including placing the establishment under judicial supervision or closing it temporarily or permanently.

Background

This framework decision follows up the conclusions of the 1999 Tampere European Council, which called on EU countries to adopt additional legal provisions to combat trafficking in narcotic drugs and psychotropic substances. The EU action plan to combat drugs (2000-04) also called for measures to introduce minimum provisions on the constituent elements of criminal acts and penalties on drug trafficking.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2004/757/JHA

12.11.2004

12.5.2006

OJ L 335 of 11.11.2004

Related Acts

Report from the Commission of 10 December 2009 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 [COM(2009) 669 final – Not published in the Official Journal].
In line with the requirements of Framework Decision 2004/757/JHA, this report evaluates its application by EU countries. However, six EU countries had failed to report on their transposition measures by the deadline.
Compliance with the provisions of the framework decision is problematic, in particular as regards:

  • crimes linked to trafficking in drugs;
  • passive liability of and sanctions for legal persons;
  • jurisdiction in cases where the offence is committed outside an EU country for the benefit of a legal person established in the territory of that country.

While national legislations can be considered to be in line with the requirements of the framework decision regarding penalties, these differ greatly from one EU country to another and are, in general, much higher than those established by the framework decision.
On the whole, the framework decision has resulted in little changes to the national legislations of EU countries. Consequently, the Commission is calling on those EU countries that provided no information or incomplete information to report back on their transposition measures.