Brussels, 01/02/2002 (Agence Europe) - The Oostlander Report (Dutch, EPP), which is to be debated in plenary on Monday, calls on the European Parliament to propose some changes to the draft framework-decision on the fight against drug trafficking. These amendments are aimed at: specifying that trafficking over the internet is also punishable; recalling that, although all Member States must undertake to set sentences of at least five years for the most serious cases, they may set a higher threshold; proposing that revenue seized in connection with drugs trafficking is used for reinsertion programmes and drug prevention; and granting attenuating circumstances to minors. The Oostlander report also recommends one should insist on the importance and the compulsory nature of cooperation between States. The European Parliament is only consulted on this text, specifically entitled: proposal of Council framework decision concerning the establishment of minimum provisions relating to the constituent elements of criminal offences and sanctions application in the field of drugs trafficking.
The text had been proposed by the European Commission in May. Its aim is to have all Member States adopt the same legal definition of drugs trafficking. It sets out the obligation to impose penal sanctions on both natural persons and legal persons involved in trafficking, and fixes a maximum penalty of at least 5 years imprisonment for the more serious cases and determines aggravating or attenuating circumstances (see EUROPE of 24 May 2001). The Fifteen, which had held a public debate on drugs trafficking in March (EUROPE of 17 March 2001), undertook at the Laeken Summit to adopt this proposal "before the end of May 2002".
The explanatory statement accompanying the report by Arie Oostlander specifies that, in the rapporteur's view, the "text submitted makes little or no contribution towards strengthening the mechanisms for combating international drug trafficking". "The amendments attempt to improve and tighten up the draft", he states. In Arie Oostlander's view, this is distressing and "the real work has yet to be done, (…) in particular going beyond the lowest common denominator of national legislation, addressing investigative methods and adding civil law penalties. The feeble consensus on minimum maximum prison terms ensures easy acceptance by the Council, but at the expense of policy objectives. Citizens' security is still no match for the unwillingness of 15 independent investigators to cooperate".