Brussels, 23/05/2001 (Agence Europe) - The Europeans Commission is proposing, by June 2003, to fight against drug trafficking, through a proposal for a framework-decision that leaves a certain margin for manoeuvre to the Member States on the basis of a few important and sensible common principals:
A same legal definition of trafficking on all the Member States: the Commission proposes as a definition for the trafficking of drugs or psychotropic substances "the fact of, without authorisation, selling and marketing as well as, to profiting, growing, producing, manufacturing, importing, exporting, distributing, offering, carrying, sending or, for sale to make profit, receive, buy and hold drugs or psychotropic substances. This definition excludes production, acquisition or holding for personal use, as well as the giving away. The Commission does not, for as much, propose to decriminalise the use of drugs, adds a Community source. The consumption or production for personal use will not be considered as trafficking, but the Commission will not comment on the penalty or not for this use, which it considers as being an issue of public health that rests with the Member States. The definition proposed makes no exception for drug addicts, but the Commission underlines that in most Member States, the trafficking drug addict is in principal punished like everyone else, but benefits from a less sever punishment.
The obligation to criminally sanction natural and legal persons.
For the most serious cases, a maximum sentence of at least five years imprisonment (seven years in case of aggravating circumstances): the Commission proposes that trafficking be the object of "effective, proportionate and dissuasive criminal penalties including sentences depriving freedom of which the maximum cannot be below five years in serious cases, the criteria that determine the severity of an penalty being set out by each State. Except for these serious cases, each country may decide to replace the prison sentence with a fine, or to cumulate two sentences. Moreover, the Commission proposes to adopt an obligatory list, though not exhaustive of aggravating circumstances, including: the importance of the person incriminated in the trafficking, the use of violence and the use of arms, the involvement of minor, the profession of the trafficker (if he is a doctor, civil servant, from the police, teacher…). The maximum sentence in case of aggravating circumstances must be at least seven years.
Recognition of attenuating circumstances as soon as the perpetrator of the offence provides the competent authorities with useful information, in the framework of the investigation or the gathering of evidence…".
Obligation for the Member States to cooperate amongst themselves and to recognise their competences to judge the offence committed on the soil. Initially a country has the choice to consider itself competent or not in a case where the offence has been committed by one of its nationals or on behalf of a legal person established on its soil; but, if it does not extradite the person, it must try them.
Belgium hopes that the framework-decision will be adopted during its Presidency, but it is recognised, by a Community source, that this may take longer, given the sensitivity of the issue. The Commission proposes that the proposal be transposed by the Member States, at the latest, end June 2003. This proposal - which was foreseen for the end of April - is based in a comparative study of the Member States' legislation, presented by Commissioner Vitorino to the Justice and Home Affairs Council in March, during the open debate over the fight against drugs (see EUROPE of 17 March, p.6).