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C 131 E/98 Official Journal of the European Union EN 5.6.

2003

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IV. Agriculture, forestry and fisheries


61 Land use and landscape
62 Agricultural structures
63 Agricultural monetary statistics
64 Crop production
65 Animal production
66 Agro-industry statistics
67 Coordination and reform of agricultural statistics
68 Forestry statistics
69 Fisheries statistics

V. Multi-domain statistics
70 Sustainable development
71 Environment statistics
72 Regional statistics
73 Science and technology
74 Geographical and local information

VI. Resources and management


91 International and inter-institutional relations
92 Management and statistical programmes
93 Management of human resources
94 Management of financial resources
95 Management of legal bases
96 Audit
97 General administration
99 Decentralized management

P5_TA(2002)0195

Criminal acts and penalties in the field of illicit drug trafficking * (procedure with-
out debate)

Proposal for a Council framework decision laying down minimum provisions on the constituent
elements of criminal acts and penalties in the field of illicit drug trafficking (COM(2001) 259 
C5-0359/2001  2001/0114(CNS))

The proposal was amended as follows:

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BY THE COMMISSION (1) BY PARLIAMENT

Amendment 1
Recital 2
(2) The need for legislative action to tackle illicit drug traf- (2) The need for legislative action to tackle illicit drug traf-
ficking has been recognised in particular in the Action Plan of ficking has been recognised in particular in the Action Plan of
the Council and the Commission, adopted by the Justice and the Council and the Commission, adopted by the Justice and
Home Affairs Council in Vienna on 3 December 1998, on Home Affairs Council in Vienna on 3 December 1998, on
how best to implement the provisions of the Treaty of Amster- how best to implement the provisions of the Treaty of Amster-
dam on an area of freedom, security and justice; the conclu- dam on an area of freedom, security and justice; the conclu-
sions of the Tampere European Council of 15 and 16 October sions of the Tampere European Council of 15 and 16 October
1999, in particular point 48 thereof, the European Union’s 1999, in particular point 48 thereof, the European Union’s

(1) OJ C 304 E, 30.10.2001, p. 172.


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Drugs Strategy (2000-2004) adopted at the Helsinki European Drugs Strategy (2000-2004) adopted at the Helsinki European
Council from 10 to 12 December 1999 and the European Council from 10 to 12 December 1999 and the European
Union’s Action Plan on Drugs (2000-2004) endorsed by the Union’s Action Plan to Combat Drugs (2000-2004) endorsed
European Council in Santa Maria da Feira on 19 and 20 June by the European Council in Santa Maria da Feira on 19 and
2000. 20 June 2000. In its resolution of 19 November 1999 on a
European Union action plan to combat drugs (2000-
2004) (1), the European Parliament made various references
to the link between serious crime and drug trafficking and
called for legislative action to be taken to combat illicit drug
trafficking.

(1) OJ C 189, 7.7.2000, p. 256.

Amendment 2
Recital 2a (new)
(2a) In view of the health risks, European Union drugs
policy should focus on prevention. Tackling illicit drug traf-
ficking can only be a component of this general drugs policy.

Amendment 3
Recital 2b (new)
(2b) Repression should be targeted not at drug users them-
selves, but at drug traffickers and the criminal and terrorist
organisations which derive funds from trafficking in order to
finance their illegal activities.

Amendment 4
Recital 6
(6) It is necessary, on the one hand, to provide for more (6) It is necessary to provide for more severe penalties when
severe penalties when certain circumstances accompany the certain circumstances accompany the illicit drug trafficking and
illicit drug trafficking and make it an even greater threat to make it an even greater threat to society, for example when
society, for example when trafficking is carried out by a crimi- trafficking is carried out by a criminal organisation.
nal organisation. On the other hand, provision should be
made for reducing the penalties when the offender has sup-
plied the competent authorities with valuable information, in
particular by helping to identify drug-dealing networks.

Amendment 5
Recital 7
(7) It is necessary to take measures to enable the confiscation (7) It is necessary to take measures to enable the confiscation
of the proceeds of the offences referred to in this framework of the instrumentalities, proceeds and advantages of the
decision. offences referred to in this framework decision. Member States
should take the necessary measures to ensure that confis-
cation of proceeds also serves to increase budgets for pro-
grammes for prevention and for the rehabilitation of drug
users and for programmes to support their families.

Amendment 6
Recital 8a (new)
(8a) It is also essential to cooperate with the competent
international bodies in cases of illicit international drug traf-
ficking beyond the borders of the Member States.
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Amendment 7
Recital 9
(9) Measures should also be foreseen for the purposes of (9) Measures should also be foreseen for the purposes of sys-
cooperation between Member States with a view to ensuring tematic and effective cooperation between Member States with
effective action against illicit drug trafficking. a view to ensuring effective action against illicit, organised,
international drug trafficking. In this context, Europol and
Eurojust, as bodies firstly for police and secondly for judicial
cooperation, should be recognised and become fully oper-
ational. Greater operationality requires a stronger legal basis,
particularly so as to ensure control by the European Parlia-
ment and full jurisdiction for the Court of Justice of the
European Communities.

Amendment 8
Recital 9a (new)
(9a) It is necessary for the Member States to achieve a
minimum consensus on the admissibility of the various inves-
tigative methods, resulting in a binding instrument ensuring
minimum safeguards with regard to procedural law.

Amendment 10
Article −1 (new)
Article −1
Scope
This framework decision relates to tackling serious and/or
international illegal drug trafficking.

Amendment 9
Article 1, point 1
1. ‘illicit drug trafficking’ means the act, without authori- 1. ‘illicit drug trafficking’ means the act, without authori-
sation, of selling and marketing as well as, for profit, of culti- sation and irrespective of the medium of communication, of
vating, producing, manufacturing, importing, exporting, dis- selling and marketing as well as, for profit, of cultivating, pro-
tributing, offering, transporting or sending or, for the purpose ducing, manufacturing, importing, exporting, distributing,
of transferring for profit, of receiving, acquiring and possessing offering, transporting or sending or, for the purpose of trans-
drugs; ferring for profit, of receiving, acquiring and possessing drugs;

Amendment 11
Article 3
Member States shall take the necessary measures to make Member States shall take the necessary measures to make
incitement to commit, aiding and abetting or attempting to incitement, irrespective of the medium of communication, to
commit the offence referred to in Article 2 a criminal offence. commit, aiding and abetting or attempting to commit the
offence referred to in Article 2 a criminal offence.

Amendment 12
Article 4, paragraph 1a (new)
1a. The degree of seriousness shall be assessed on the
basis of a number of factors such as the scale of the traffick-
ing, its frequency, the type of drugs involved, having regard
to the health risks, or the amount of money made from the
trafficking.
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Amendment 13
Article 4, paragraph 3
3. Member States shall provide for the possibility of impos- 3. Member States shall provide for the possibility of impos-
ing fines in addition to or as an alternative to custodial sen- ing fines and alternative penalties in addition to custodial sen-
tences. tences.

Amendment 14
Article 4, paragraph 3a (new)
3a. The proceeds from the measures set out in para-
graphs 2 and 3 shall be used for programmes for prevention
and for the rehabilitation of drug users and for programmes
to support their families.

Amendment 15
Article 5, paragraph 1, introduction
1. Without prejudice to any other aggravating circumstances 1. Without prejudice to any other aggravating circumstances
defined in their national legislation, Member States shall pro- defined in their national legislation, Member States shall pro-
vide for the following aggravating circumstances in respect of vide, in a manner compatible with their own law, for the fol-
the offences referred to in Articles 2 and 3. lowing aggravating circumstances in respect of the offences ref-
erred to in Articles 2 and 3.

Amendment 16
Article 5, paragraph 1, points (a) to (f)
(a) the offender has an important role in the organisation of (a) the offender has an important role in the organisation of
the drug trafficking, or the offence was committed by a the drug trafficking, or the offence was committed by a
criminal organisation; criminal organisation or in order to finance a terrorist
organisation;
(b) the offence involves violence or the use of weapons; (b) the offence involves violence or the use of weapons;
(ba) the offender has been convicted of one or more similar
offences by a final judgement in a Member State;
(c) the offence involves minors or persons who are unable to (c) the offence involves minors or persons who are unable to
exercise their free will; exercise their free will;
(d) the offence was committed in or near schools, youth clubs (d) the offence was committed in or near schools, youth clubs
and leisure centres, or institutions for the treatment and and leisure centres, or institutions for the treatment and
rehabilitation of drug addicts; rehabilitation of drug addicts;
(e) the offender is a doctor, pharmacist, court official, police (e) the offender has abused his or her position or placed
officer, customs officer, prison officer, probation officer, another person under moral, psychological and/or physi-
teacher, instructor or works in an educational establish- cal duress in order to commit the offence.
ment and abused this position to commit the offence;
(f) the offender has been convicted of one or more similar
offences by a final judgement in a Member State of the
Union.

Amendment 17
Article 6
Article 6 Deleted
Mitigating Circumstances
Without prejudice to any other mitigating circumstances
defined in their national legislation, Member States shall
take the necessary measures to ensure that the penalties ref-
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erred to in Article 4 can be reduced if the offender has sup-


plied the competent authorities with valuable information for
the enquiry or the collection of evidence about the identity of
other offenders, or has helped to identify drug-dealing net-
works.

Amendment 18
Article 7, paragraph 1, point (b)
(b) an authority to take decisions on behalf of the legal per- (b) an authority to take decisions on the legal person’s
son, or account, or

Amendment 19
Article 8, point (f)
(f) the confiscation of property that was the object of the (f) the confiscation of the instrumentalities and property that
offence and the proceeds and advantages derived directly were the objects of the offence and the proceeds and
or indirectly from the offence. advantages derived directly or indirectly from the offence.

Amendment 20
Article 9, paragraph 1, point (b)
(b) the offender is one of their nationals; (b) the offender is one of their nationals or is permanently or
temporarily resident on their territory;

Amendment 21
Article 10, paragraph 2
2. If several Member States have jurisdiction over an offence 2. If several Member States have jurisdiction over an offence
referred to in Article 2 or 3, they shall consult one another referred to in Article 2 or 3, they shall consult one another
with a view to co-ordinating their action and, where appropri- with a view to co-ordinating their action and, where appropri-
ate, to bringing a prosecution. They shall make full use of ate, to bringing a prosecution. That coordination shall take
judicial cooperation and other mechanisms. place through all available cooperation mechanisms, both
police-related and judicial.

Amendment 22
Article 11, paragraph 1, subparagraph 2
They shall immediately send the Commission and the General They shall immediately send the Commission the text of the
Secretariat of the Council the text of the provisions transpos- provisions transposing the obligations imposed upon them by
ing the obligations imposed upon them by this framework this framework decision.
decision.

Amendment 23
Article 11, paragraph 3
3. On the basis of the information referred to in para- 3. On the basis of the information referred to in para-
graphs 1 and 2, the Commission shall draw up a report evalu- graphs 1 and 2, the Commission shall draw up a report evalu-
ating the application of the provisions of this framework deci- ating the application of the provisions of this framework deci-
sion by the Member States for the first time by 30 June 2007 sion by the Member States for the first time by 30 June 2007
at the latest, and every five years thereafter. This report shall at the latest, and every three years thereafter. This report shall
be sent to the European Parliament and to the Council, where be sent to the European Parliament and to the Council, where
necessary accompanied by proposals for the amendment of this necessary accompanied by proposals for the amendment of this
framework decision. framework decision.