Luxembourg, 26/10/2004 (Agence Europe) - On Monday, the Justice and Home Affairs Council finally adopted the framework decision defining and sanctioning drugs trafficking, one year after the political agreement, and three years after the European Commission's proposal. This framework decision sets a joint definition of drugs trafficking and a certain level of harmonisation of sanctions, which range from "deterrents" to a maximum of at least one year, five years and then ten, depending on the seriousness of the trafficking and the degree of dangerousness of the drug. Personal use is not penalised in this text. The agreement therefore allows the Netherlands to keep their tolerance for possession of small quantities of soft drugs. The Netherlands will be able to keep their coffee shops. The framework decision is, however, accompanied by a statement in which the Member States undertake to "discourage the phenomenon of drugs tourism".
The framework decision sanctions all drugs which feature in the United Nations conventions on the fight against drugs. All stages of the trafficking of natural and synthetic drugs will be penalised: production, processing, sales, transport, distribution, growing (of opium, cocaine and cannabis), possession and purchasing with a view to getting involved in one of these activities. Production of precursors of synthetic drugs is also sanctioned, if they are produced in order to be made into drugs. Ministers agreed to exclude these activities from the scope of the directive, if they are carried out solely for personal consumption "as defined by national law". The Member States may, if they wish, sanction personal use, but they will not be obliged to do so by this framework decision. The Member States have a year and a half to apply this framework decision.