Procedure : 2013/0304(COD)
Document stages in plenary
Document selected : A7-0173/2014

Texts tabled :

A7-0173/2014

Debates :

Votes :

PV 17/04/2014 - 9.10

Texts adopted :

P7_TA(2014)0454

REPORT     ***I
PDF 259kWORD 336k
14 March 2014
PE 519.605v02-00 A7-0173/2014

on the proposal for a directive of the European Parliament and of the Council amending 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, as regards the definition of drug

(COM(2013)0618 – C7-0271/2013 – 2013/0304(COD))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Teresa Jiménez-Becerril Barrio

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on the Environment, Public Health and Food Safety
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council

amending 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, as regards the definition of drug

(COM(2013)0618 – C7-0271/2013 – 2013/0304(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0618),

–   having regard to Article 294(2) and Article 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0271/2013),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the United Kingdom House of Commons and the United Kingdom House of Lords, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0173/2014),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) Setting out minimum common rules across the Union on the definition of drug trafficking offences and sanctions should ultimately contribute to the protection of public health and the reduction of harm related to drug trafficking and consumption.

Amendment  2

Proposal for a directive

Recital 4

 

Text proposed by the Commission

Amendment

(4) New psychoactive substances, which imitate the effects of substances scheduled under the UN Conventions, are emerging frequently and are spreading fast in the Union. Certain new psychoactive substances pose severe health, social and safety risks, as ascertained by [Regulation (EU) No …/… on new psychoactive substances]. Under that Regulation, measures may be taken to prohibit the production, manufacture, making available on the market including importation to the Union, transport, and exportation from the Union of new psychoactive substances posing severe health, social and safety risks. To effectively reduce the availability of new psychoactive substances that pose severe risks to individuals and society, and to deter trafficking in those substances across the Union, as well as the involvement of criminal organisations, permanent market restriction measures adopted under that Regulation should be underpinned by criminal law provisions.

(4) New psychoactive substances such as products containing synthetic cannabinoid receptor agonists (CRAs), which imitate the effects of substances scheduled under the UN Conventions, are emerging frequently and are spreading fast in the Union. Certain new psychoactive substances pose severe public health, social and safety risks, as ascertained by [Regulation (EU) No …/… on new psychoactive substances]. Under that Regulation, measures may be taken to prohibit the production, manufacture, making available on the market including importation to the Union, transport, and exportation from the Union of new psychoactive substances posing severe health, social and safety risks. To effectively reduce the availability of new psychoactive substances that pose severe risks to individuals and society, and to deter trafficking in those substances across the Union, as well as the involvement of criminal organisations, often generating considerable profit on illicit drug trafficking, permanent market restriction measures adopted under that Regulation should be underpinned by proportional criminal law provisions, aimed solely to producers, suppliers and distributors rather than individual consumers.

Amendment  3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) To effectively reduce the demand for new psychoactive substances that pose severe health, social and safety risks, dissemination of evidence-based, public health information and early warnings to consumers should be an integral part of an inclusive and participatory strategy to prevent and reduce harm.

Amendment  4

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) The new psychoactive substances subjected to permanent market restriction pursuant to [Regulation (EU) No / on new psychoactive substances] should, therefore, be covered by the Union criminal law provisions on illicit drug trafficking. This would also help streamline and clarify the Union legal framework, as the same criminal law provisions would apply to substances covered by the UN Conventions and to the most harmful new psychoactive substances. The definition of ‘drug’ in the Framework Decision 2004/757/JHA should, therefore, be amended.

(5) New psychoactive substances subjected to permanent market restriction pursuant to [Regulation (EU) No .../... on new psychoactive substances] should, once they have been added to the Annex to Framework Decision 2004/757/JHA, therefore be covered by Union criminal law on illicit drug trafficking. In order to add such substances to the Annex, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annex and thereby the definition of drug in the Framework Decision 2004/757/JHA. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment  5

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) In order to swiftly address the emergence and spread of harmful new psychoactive substances in the Union, Member States should apply the provisions of the Framework Decision 2004/757/JHA to new psychoactive substances posing severe health, social and safety risks within twelve months from their submission to permanent market restriction under [Regulation (EU) No / on new psychoactive substances].

(6) In order to swiftly address the emergence and spread of harmful new psychoactive substances in the Union, Member States should apply the provisions of Framework Decision 2004/757/JHA to new psychoactive substances which have been subjected to permanent market restrictions on account of the severe health, social and safety risks which they pose, pursuant to [Regulation (EU) No .../... on new psychoactive substances] within 12 months of those new psychoactive substances being added to the Annex to that Framework Decision.

Amendment  6

Proposal for a directive

Recital 6 a (new)

 

Text proposed by the Commission

Amendment

 

(6a) This Directive, in accordance with the provisions of Framework Decision 2004/757/JHA which it amends, does not make provision for the criminalisation of the possession of new psychoactive substances for personal use, without prejudice to the right of Member States to criminalise the possession of drugs for personal use at national level.

Amendment  7

Proposal for a directive

Recital 6 b (new)

 

Text proposed by the Commission

Amendment

 

(6b) The Commission should assess the impact of Framework Decision 2004/757/JHA on drug supply, including on the basis of information provided by Member States. For that purpose, Member States should provide detailed information on the distribution channels for psychoactive substances in their territory used for the supply of psychoactive substances intended for distribution in other Member States, such as specialised shops and online retailers, as well as on other characteristics of their respective drug markets. The EMCDDA should support the Member States in collecting and sharing accurate, comparable and reliable information and data on drug supply.

Amendment  8

Proposal for a directive

Recital 6 c (new)

 

Text proposed by the Commission

Amendment

 

(6c) Member States should provide the Commission with data on various indicators of national law enforcement interventions within their territory, including dismantled drug production facilities, drug supply offences, national retail drug prices and forensic analyses of drug seizures.

Amendment  9

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to an effective remedy and to a fair trial, the presumption of innocence and the right of defence, the right not to be tried or punished twice in criminal proceedings for the same criminal offence and the principles of legality and proportionality of criminal offences.

(8) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to an effective remedy and to a fair trial, the presumption of innocence and the right of defence, the right not to be tried or punished twice in criminal proceedings for the same criminal offence, the principles of legality and proportionality of criminal offences, the right of access to preventive healthcare and the right to benefit from medical treatment.

Amendment  10

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) The Union and its Member States should further develop the Union approach based on fundamental rights, prevention, medical care and harm reduction, with the aim of helping drug users to overcome their addiction and at reducing the negative social, economic and public health impact of drugs.

Amendment  11

Proposal for a directive

Article 1 – point 1

Framework Decision 2004/757/JHA

Article 1 – point 1

 

Text proposed by the Commission

Amendment

(1) In Article 1, point 1 is replaced by the following:

(1) In Article 1, point 1 is replaced by the following:

"‘drug’ means:

"‘drugs’: shall mean any of the following substances:

(a) any of the substances covered by the 1961 United Nations Single Convention on Narcotic Drugs (as amended by the 1972 Protocol) and the 1971 United Nations Convention on Psychotropic Substances;

(a) any of the substances covered by the 1961 United Nations Single Convention on Narcotic Drugs (as amended by the 1972 Protocol) and the 1971 United Nations Convention on Psychotropic Substances;

(b) any of the substances listed in the Annex;

(b) any of the substances listed in the Annex;

(c) any new psychoactive substance posing severe health, social and safety risks, subjected to permanent market restriction on the basis of [Article 13(1) of Regulation (EU) No …/… on new psychoactive substances];"

(c) any mixture or solution containing one or more substances listed under points (a) and (b);".

Amendment  12

Proposal for a directive

Article 1 – point 1 a (new)

Framework Decision 2004/757/JHA

Article 2 – paragraph 1 – introductory part

 

Present text

Amendment

 

(1a) In Article 2, introductory part of paragraph 1 is replaced by the following:

1. Each Member State shall take the necessary measures to ensure that the following intentional conduct when committed without right is punishable:

'1. Each Member State shall take the necessary measures to ensure that the following intentional conduct when committed without right as defined in national law is punishable:'

Amendment  13

Proposal for a directive

Article 1 – point 1 b (new)

Framework Decision 2004/757/JHA

Article 2 – paragraph 2

 

Present text

Amendment

 

(1b) In Article 2, paragraph 2 is replaced by the following:

2. The conduct described in paragraph 1 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.

'2. The conduct described in paragraph 1 shall not be included in the scope of this Framework Decision when committed for personal use as defined by national law.'

Amendment  14

Proposal for a directive

Article 1 – point 2

Framework Decision 2004/757/JHA

Article 9 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

3. In respect of new psychoactive substances subjected to permanent market restriction on the basis of [Article 13(1) of Regulation (EU) No …/… on new psychoactive substances], Member States shall bring into force the laws, regulations and administrative provisions necessary to apply the provisions of this Framework Decision to these new psychoactive substances within twelve months after entry into force of the permanent market restriction. They shall forthwith communicate to the Commission the text of those provisions.

3. In respect of new psychoactive substances added to the Annex to this Framework Decision, Member States shall bring into force the laws, regulations and administrative provisions necessary to apply the provisions of this Framework Decision to these new psychoactive substances within twelve months after the entry into force of the amendment to the Annex. They shall forthwith communicate to the Commission the text of those provisions.

Amendment  15

Proposal for a directive

Article 1 – point 2 a (new)

Framework Decision 2004/757/JHA

Article 9 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) The following Article is added after Article 9:

 

'Article 9a

 

Delegation of power

 

The Commission shall be empowered to adopt delegated acts to amend the Annex to this Framework Decision, in particular to add to the Annex new psychoactive substances subjected to permanent market restriction on the basis of Article 13(1) of Regulation (EU) No .../... on new psychoactive substances.'

Justification

The criminalisation of a new psychoactive substance cannot be considered as a mere implementing measure. Such criminalisation of a new psychoactive substance requires the relevant criminal law considerations to be taken into account. As this will change the criminal law of the Member States, a delegated act is necessary to add those substances to the Annex to the Framework Decision.

Amendment  16

Proposal for a directive

Article 1 – point 2 b (new)

Framework Decision 2004/757/JHA

Article 9 b (new)

 

Text proposed by the Commission

Amendment

 

(2b) The following Article is added after Article 9:

 

'Article 9b

 

Exercise of delegation

 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

2. The power to adopt delegated acts referred to in Article 9a shall be conferred on the Commission for a period of ten years from [the entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the ten year period. The delegation of power shall be tacitly extended for a further period of ten years, unless the European Parliament or the Council opposes such extension not later than three months before the end of this period.

 

3. The delegation of powers referred to in Article 9a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

 

5. A delegated act adopted pursuant to Article 9a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.'

Justification

The criminalisation of a new psychoactive substance cannot be considered as a mere implementing measure. Such criminalisation of a new psychoactive substance requires the relevant criminal law considerations to be taken into account. As this will change the criminal law of the Member States, a delegated act is necessary to add those substances to the Annex to the Framework Decision.


EXPLANATORY STATEMENT

The Rapporteur welcomes the proposal of the Commission to include new psychoactive substances under the same criminal law provisions just like other substances are controlled under the UN conventions. Amending the application of the Framework Decision is therefore vital to include these new psychoactive substances. Psychoactive substances, like many other drugs, are a threat to the society as it disrupts rational behaviour and common sense amongst its citizens. It affects the functioning of the brain which as a result creates symptoms such as alterations in consciousness, behaviour and cognition.

This Directive falls under the umbrella of the Regulation that establishes the rules for restrictions to the free movement of new psychoactive substances. The Rapporteur is therefore aware of the limitations the Directive has as it is directly intertwined with the Regulation. The Directive aims to expand the scope of the Framework Decision 2004/757/JHA for those psychoactive substances that pose a severe risk.

Tackling the distribution of psychoactive substances is not to be underestimated. In a rapid online market, new psychoactive substances are currently facing a revolutionary shift on how these products are being distributed and sold to its users. Produced in clandestine laboratories before it gets sold in bulk coming from outside the EU (examples are China and India), psychoactive substances are being marketed as if they were legal. Since the Council Decision of 2005/387/JHA of 10 May 2005 and Council Framework Decision 2004/757/JHA of 25 October 2004 producers of psychoactive substances have responded to legal procedures banning these substances by new mechanisms to bring the product on the market either by different 'legal' distribution channels or by modifying the molecular structure of the substance and therefore circumventing the law without changing its effects for the user. Lastly, because of its dubious character, psychoactive substances fall more easily through the legal net than the more classical substances or drugs. The link between the legal high market and the market that is considered as illicit is sometimes very unclear. Often these products are used for recreational and problematic users, mostly by young people. If popularity is on the rise and it spreads, it could be of interest for organised drug traffickers. Many new psychoactive substances are wrongly sold as branded 'legal high'. This term is very misleading as they frequently contain ingredients that are illegal to possess. Also, in many cases no information is provided on the actual new psychoactive substances used in these products. Again, this could be a risk for public health.

Member States have their own policies on tackling illicit drugs in their national market. However, when psychoactive substances are being distributed from one Member State to another, efficient cooperation between Member States is indispensable, especially in a time when commerce and communication are no longer limited by physical and geographical boundaries.

Through the strong commitment of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and its cooperation with the European Parliament, the Member States and the Commission, the EU has successfully alarmed new substances that could be of a concern to the health of European citizens. However due to the new challenges as mentioned above require a more active engagement of the Member States to anticipate on the dangers of these new psychoactive substances. The Rapporteur therefore asks the Member States to more forcefully provide detailed information about the supply of psychoactive substances, dismantled drug production facilities, drug supply offences, national retail drug prices and forensic analyses of drug seizures.

The new proposal by the commission to update the Council Framework Decision 2005 by covering new psychoactive substances is a more efficient instrument, especially since the Commission has proposed to include various types of risks. When a product is considered as a severe risk by the EMCDDA, it will be permanently redrawn from the market. This directive will implement legal sanctions in all Member States by 12 months and apply them to those who produce these new psychoactive substances in order to tackle drug trafficking. However, in practice is has been proven that many Member States easily can implement this in less than 12 months. It is therefore that the Rapporteur uses a different wording in which maximum 12 months should be the standard. The Member States should act rapidly as producers will otherwise have one year still to produce their product without being sanctioned. This should be shortened by a time period that is feasible by the Member States and quick enough for the producers not to benefit from slow bureaucracy. The Rapporteur understands however that several Member States have different legal procedures to impose sanctions. Some Member States need approval by the Parliament; others have rather a faster approach undertaken by Ministerial procedures.

Article 1 refers to amending the Framework Decision 2004/757/JHA in order to update the detention of drugs. In some cases the symptoms of a psychoactive substance comes to its effect when a substance is consumed through a mixture of one or more listed substances. It is therefore added within the definition.

The Rapporteur also underlines that the Directive laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking does not apply to the user of the psychoactive substances, although certain Member States might envisage criminalisation of possession for personal use at national level.


OPINION of the Committee on the Environment, Public Health and Food Safety (31.1.2014)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a directive of the European Parliament and of the Council amending 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, as regards the definition of drug

(COM(2013)0618 – C7-0271/2013 – 2013/0304(COD))

Rapporteur: Bogusław Sonik

SHORT JUSTIFICATION

Illicit drug trafficking and drug abuse are major threats to the health and safety of individuals and to societies in the EU. Although consumption of substances controlled under the UN Conventions on drugs, such as cocaine, ecstasy or cannabis, seems to have stabilised in recent years, albeit at high levels, a new major challenge is to address new substances that emerge on the market at a rapid speed. New psychoactive substances, which have numerous uses in the industry, but which more importantly imitate the effects of controlled drugs and are often marketed as legal alternatives to them, as they are not subjected to similar control measures, are increasingly available in the Union, being consumed particularly by young people.

The risks that these new substances can pose, including severe health damage and death, have prompted national authorities to submit them to various restriction measures. However, such national restriction measures have limited effectiveness, since these substances can be moved freely within the internal market.

To effectively reduce the availability of these harmful new psychoactive substances, it is necessary that they are covered by criminal law provisions, as other illicit drugs.

Council Framework Decision 2004/757/JHA provides a common approach to the fight against illicit drug trafficking. It sets out minimum common rules on the definition of drug trafficking offences and sanctions to avoid problems arising in cooperation between the judicial authorities and law enforcement agencies of Member States, owing to the fact that the offence or offences in question are not punishable under the laws of both, the requesting and the requested State. However, due to the changing nature of the products, these provisions do not apply to new psychoactive substances.

It is, therefore, necessary to extend the scope of application of Framework Decision 2004/757/JHA to new psychoactive substances subjected to control measures. Hence, this proposal amends Framework Decision 2004/757/JHA in order to extend its scope to cover psychoactive substances presenting serious risks to health, safety and the society.

The proposal accompanies the proposal for a Regulation on new psychoactive substances. The two proposals are linked, so that new psychoactive substances that pose severe health, social and safety risks, and are therefore submitted to permanent market restriction under that Regulation, are also subjected to the criminal law provisions on illicit drug trafficking set by the Framework Decision 2004/757/JHA.

From a technical point of view, Framework Decision 2004/757/JHA is amended as follows: the term ‘drug’ as laid down in the Framework Decision, from now on, would be defined as:

•   any of the substances covered by the 1961 United Nations Single Convention on Narcotic Drugs (as amended by the 1972 Protocol) and the 1971 United Nations Convention on Psychotropic Substances;

•   any of the substances listed in the annex (lists the psychoactive substances which are considered to be “drugs” within the meaning of the proposed Directive);

•   any new psychoactive substance posing severe health, social and safety risks, subjected to permanent market restriction on the basis of [Article 13(1) of Regulation (EU) No …/…on new psychoactive substances].

The measures relating to new psychoactive substances would be applicable 12 months after the entry into force of the permanent market restriction (there is a parallel proposal for a Regulation on new psychoactive substances).

With regard to health related issues, the rapporteur for opinion is of a view that:

Taking into consideration the growing scale of the problem, the fast changing nature of the new psychoactive substances, as well as the risks of trafficking within the internal market, the rapporteur welcomes the proposal to amend the existing Council Framework Decision 2004/757/JHA to respond to the current circumstances.

The increase in use of new psychoactive substances and, what follows, the increase in the number of cases of severe health damage and death caused by the use of new psychoactive substances in member states calls for an amendment of the definition of a drug as well as for implementation of market restrictions and criminalisation of substances categorised as causing the severe risk to health, safety and the society.

Keeping in mind the health risks caused by the new psychoactive substances, comparable to those posed by the substances listed under the UN Conventions; the rapporteur welcomes the proportionality of sanctions proposed in the new system.

With reference to the definition of a drug, the rapporteur is of an opinion that it shall include possible mixtures or solutions containing one or more of listed substances, especially taking into consideration the fast changing nature of the products and so called creativity within the market, appearing in constant changes to the formulas, in which case the effect of the substances on each other as well as on consumer's health may change.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:

Amendment  1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) Setting out minimum common rules across the Union on the definition of drug trafficking offences and sanctions should ultimately contribute to the protection of public health and the reduction of harm related to drug trafficking and consumption.

Amendment  2

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) New psychoactive substances, which imitate the effects of substances scheduled under the UN Conventions, are emerging frequently and are spreading fast in the Union. Certain new psychoactive substances pose severe health, social and safety risks, as ascertained by [Regulation (EU) No …/… on new psychoactive substances]. Under that Regulation, measures may be taken to prohibit the production, manufacture, making available on the market including importation to the Union, transport, and exportation from the Union of new psychoactive substances posing severe health, social and safety risks. To effectively reduce the availability of new psychoactive substances that pose severe risks to individuals and society, and to deter trafficking in those substances across the Union, as well as the involvement of criminal organisations, permanent market restriction measures adopted under that Regulation should be underpinned by criminal law provisions.

(4) New psychoactive substances, which imitate the effects of substances scheduled under the UN Conventions, are emerging frequently and are spreading fast in the Union. Certain new psychoactive substances pose severe public health, social and safety risks, as ascertained by [Regulation (EU) No …/… on new psychoactive substances]. Under that Regulation, measures may be taken to prohibit the production, manufacture, making available on the market including importation to the Union, transport, and exportation from the Union of new psychoactive substances posing severe health, social and safety risks. To effectively reduce the availability of new psychoactive substances that pose severe risks to individuals and society, and to deter trafficking in those substances across the Union, as well as the involvement of criminal organisations, often generating great profit on illicit drug trafficking, permanent market restriction measures adopted under that Regulation should be underpinned by proportional criminal law provisions, aimed solely to producers, suppliers and distributors rather than individual consumers.

Amendment  3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) To effectively reduce the demand of new psychoactive substances that pose severe health, social and safety risks, dissemination of evidence-based, public health information and early warnings to consumers should be an integral part of an inclusive and participatory strategy to prevent and reduce harm.

Amendment  4

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) The new psychoactive substances subjected to permanent market restriction pursuant to [Regulation (EU) No …/… on new psychoactive substances] should, therefore, be covered by the Union criminal law provisions on illicit drug trafficking. This would also help streamline and clarify the Union legal framework, as the same criminal law provisions would apply to substances covered by the UN Conventions and to the most harmful new psychoactive substances. The definition of ‘drug’ in the Framework Decision 2004/757/JHA should, therefore, be amended.

(5) The new psychoactive substances subjected to permanent market restriction pursuant to [Regulation (EU) No …/… on new psychoactive substances] should be covered by the Union criminal law provisions on illicit drug trafficking, supported by effective identification, early warning, prevention, treatment, and information dissemination measures. This would also help streamline and clarify the Union legal framework, as the same criminal law provisions would apply to substances covered by the UN Conventions and to the most harmful new psychoactive substances. The definition of ‘drug’ in the Framework Decision 2004/757/JHA should, therefore, be amended to respond to current circumstances.

Amendment  5

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) In order to swiftly address the emergence and spread of harmful new psychoactive substances in the Union, Member States should apply the provisions of the Framework Decision 2004/757/JHA to new psychoactive substances posing severe health, social and safety risks within twelve months from their submission to permanent market restriction under [Regulation (EU) No …/… on new psychoactive substances].

(6) In order to swiftly address the emergence and spread of harmful new psychoactive substances in the Union, Member States should apply the provisions of the Framework Decision 2004/757/JHA to new psychoactive substances posing severe health, social and safety risks as quickly as possible and in any event no later than twelve months from their submission to permanent market restriction under [Regulation (EU) No …/… on new psychoactive substances].

Amendment  6

Proposal for a directive

Article 1 – paragraph 1

Framework Decision 2004/757/JHA

Article 1 – point 1

 

Text proposed by the Commission

Amendment

(1) In Article 1, point 1 is replaced by the following:

(1) In Article 1, point 1 is replaced by the following:

"‘drug’ means:

"‘drugs’: shall mean any of the following substances:

(a) any of the substances covered by the 1961 United Nations Single Convention on Narcotic Drugs (as amended by the 1972 Protocol) and the 1971 United Nations Convention on Psychotropic Substances;

(a) any of the substances covered by the 1961 United Nations Single Convention on Narcotic Drugs (as amended by the 1972 Protocol) and the 1971 United Nations Convention on Psychotropic Substances;

(b) any of the substances listed in the Annex;

(b) any of the substances listed in the Annex;

(c) any new psychoactive substance posing severe health, social and safety risks, subjected to permanent market restriction on the basis of [Article 13(1) of Regulation (EU) No …/… on new psychoactive substances];"

(c) any new psychoactive substance posing severe health, social and safety risks, subjected to permanent market restriction on the basis of [Article 13(1) of Regulation (EU) No …/… on new psychoactive substances];

 

(ca) any mixture or solution containing one or more substances listed in points (a), (b) and (c);"

PROCEDURE

Title

Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of the term ‘drug’

References

COM(2013)0618 – C7-0271/2013 – 2013/0304(COD)

Committee responsible

       Date announced in plenary

LIBE

8.10.2013

 

 

 

Opinion by

       Date announced in plenary

ENVI

8.10.2013

Rapporteur

       Date appointed

Bogusław Sonik

10.10.2013

Discussed in committee

16.12.2013

 

 

 

Date adopted

30.1.2014

 

 

 

Result of final vote

+:

–:

0:

47

0

3

Members present for the final vote

Sophie Auconie, Pilar Ayuso, Sandrine Bélier, Biljana Borzan, Tadeusz Cymański, Spyros Danellis, Chris Davies, Esther de Lange, Bas Eickhout, Edite Estrela, Elisabetta Gardini, Matthias Groote, Satu Hassi, Jolanta Emilia Hibner, Karin Kadenbach, Martin Kastler, Christa Klaß, Claus Larsen-Jensen, Jo Leinen, Corinne Lepage, Peter Liese, Zofija Mazej Kukovič, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Vladko Todorov Panayotov, Pavel Poc, Anna Rosbach, Oreste Rossi, Dagmar Roth-Behrendt, Richard Seeber, Bogusław Sonik, Claudiu Ciprian Tănăsescu, Glenis Willmott, Sabine Wils, Marina Yannakoudakis

Substitute(s) present for the final vote

Kriton Arsenis, Julie Girling, Jutta Haug, Filip Kaczmarek, James Nicholson, Vittorio Prodi, Christel Schaldemose, Birgit Schnieber-Jastram, Bart Staes, Rebecca Taylor, Vladimir Urutchev, Andrea Zanoni

Substitute(s) under Rule 187(2) present for the final vote

Hiltrud Breyer, Vojtěch Mynář, Bill Newton Dunn


PROCEDURE

Title

Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of the term ‘drug’

References

COM(2013)0618 – C7-0271/2013 – 2013/0304(COD)

Date submitted to Parliament

10.9.2013

 

 

 

Committee responsible

       Date announced in plenary

LIBE

8.10.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

ENVI

8.10.2013

 

 

 

Rapporteur(s)

       Date appointed

Teresa Jiménez-Becerril Barrio

4.11.2013

 

 

 

Discussed in committee

14.11.2013

23.1.2014

12.2.2014

10.3.2014

Date adopted

10.3.2014

 

 

 

Result of final vote

+:

–:

0:

52

4

0

Members present for the final vote

Jan Philipp Albrecht, Roberta Angelilli, Edit Bauer, Emine Bozkurt, Arkadiusz Tomasz Bratkowski, Salvatore Caronna, Philip Claeys, Carlos Coelho, Agustín Díaz de Mera García Consuegra, Ioan Enciu, Frank Engel, Cornelia Ernst, Tanja Fajon, Monika Flašíková Beňová, Kinga Gál, Kinga Göncz, Nathalie Griesbeck, Sylvie Guillaume, Ágnes Hankiss, Salvatore Iacolino, Sophia in ‘t Veld, Lívia Járóka, Teresa Jiménez-Becerril Barrio, Timothy Kirkhope, Juan Fernando López Aguilar, Baroness Sarah Ludford, Monica Luisa Macovei, Svetoslav Hristov Malinov, Clemente Mastella, Véronique Mathieu Houillon, Anthea McIntyre, Claude Moraes, Judith Sargentini, Birgit Sippel, Nils Torvalds, Wim van de Camp, Axel Voss, Renate Weber, Josef Weidenholzer, Cecilia Wikström, Auke Zijlstra

Substitute(s) present for the final vote

Vilija Blinkevičiūtė, Michael Cashman, Jean Lambert, Jan Mulder, Juan Andrés Naranjo Escobar, Marie-Christine Vergiat

Substitute(s) under Rule 187(2) present for the final vote

Josefa Andrés Barea, Jürgen Creutzmann, Christian Engström, Béla Glattfelder, Ádám Kósa, Krzysztof Lisek, Jens Nilsson, József Szájer, Csaba Őry

Date tabled

14.3.2014

Last updated: 3 April 2014Legal notice