Approximation of the laws of the Member States (1)

The European Union is seeking to strengthen cooperation between the Member States in combating drug addiction and drug trafficking through the approximation of their laws and practices

ACT

Joint Action 96/750/JHA adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking [Official Journal L 342 of 31 12 1996].

SUMMARY

The Member States are to undertake to cooperate fully in the fight against drug addiction and endeavour to approximate their laws to make them mutually compatible to the extent necessary to prevent and combat illegal drug trafficking in the Union.

The Member States are to endeavour to make the practices of their police, customs services and judicial authorities more compatible with each other, thus making for closer European cooperation to prevent and combat illegal drug trafficking the Union.

The Member States are to undertake to combat illicit movements of narcotic drugs and psychotropic substances within the Community, including "drug tourism".

The Member States are to ensure that under their legal systems the penalties imposed for serious drug trafficking are among the most severe available for crimes of comparable gravity.

The Member States are to endeavour to draft convergent legislation to the extent necessary to make up legal ground or fill legal vacuums as regards synthetic drugs. In particular, they will promote the establishment of a rapid information system to enable such drugs to be identified as substances liable to be prohibited as soon as they appear anywhere in a Member State.

The Member States are to undertake to adopt the necessary measures to effect a tangible increase in operational cooperation between police, customs services and judicial authorities in combating drug addiction and preventing and combating illegal drug trafficking.

The Member States are to ensure that their obligations under the United Nations Conventions on narcotic drugs and psychotropic substances of 1961, 1971 and 1988 are applied strictly and effectively.

The Member States are to undertake to take the most appropriate steps to combat the illicit cultivation of plants containing active ingredients with narcotic properties.

The Member States are to undertake, subject to their constitutional principles and the basic concepts of their legal systems, to make it an offence publicly and intentionally to incite or induce others, by any means, to commit offences of illicit use or production of narcotic drugs. They will be especially vigilant as regards the use made of on-line data services, in particular the Internet.

The Member States may maintain or introduce into their territory any additional measure they deem appropriate to fight drug addiction.

RELATED ACTS

Note from the Council of 22 November 2004 on the EU Drugs Strategy for the period 2005-2012 [15074/04 - Not published in the Official Journal].

Council Framework Decision 2004/757/JAI of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking.

Council Resolution 97/C 10/02 of 20 December 1996 on sentencing for serious drug-trafficking [Official Journal C 10 of 11.1.1997].

Last updated: 31.05.2006