Europees akkoord tegen sythetische drugs (en)

Synthetic drugs, mainly Amphetamine Type Stimulants (ATS), pose a significant worldwide problem. In the EU, they are the second most popular type of illicit substances in terms of consumption - just after cannabis products (herbal cannabis and cannabis resin). Moreover, based on the findings of the OCTA 2011 report, it is clear that the involvement of organised crime groups in the production and distribution of synthetic drugs makes it a major concern in terms of public order as well.2. The consumption, illicit production and trafficking in synthetic drugs continue to be a matter of concern and pose a considerably serious problem for the European Union. The EU is not only a region of consumption, as in the case of cocaine and heroin, but also a significant producer of synthetic drugs - especially of amphetamine and MDMA¹. The EU has, therefore, a major responsibility to address synthetic drugs comprehensively and robustly.3. The significance of the threat, its cross-border dimension and the strength of criminal groups involved, call for a more centralised, coordinated and effective operational response. This should be fully in line with the EU Policy Cycle and, where relevant, both national and EU law enforcement resources need to be combined and used in a coherent way. Europol i should be seen as the designated central responsible body for the coordination of the overall effort against synthetic drugs seeking to use the relevant Analytical Work Files (AWF) to best effect, so that Member States can fully benefit from its unique ability to provide central support to cross-border investigations and to analyse intelligence.3,4-Methylenedioxymethamphetamine - the classical active agent in ecstasy tabletsPRESSRue de la Loi 175 B - 1048 BRUSSELS Tel.: + 32 (0)2 281 8239 / 63 19 Fax: +32 (0)2 281 8026 press.office@consilium.europa.eu http://www.consilium.europa.eu/Newsroom4. All actions against organised crime groups dealing with synthetic drags need to be combined with effective tracking, freezing and, ultimately, confiscation of the proceeds of these crimes. There should also be a wider tackling of criminal finances beyond asset recovery; e.g. attacking money laundering, disrupting and denying assets, using financial investigation as a core tool in criminal investigations. Deprivation of illegal gains should become a vital element of the fight against synthetic drugs. Full use of the existing mechanisms, such as Europol and national asset recovery offices - at their respective levels - is essential.An effective prevention, detection and disruption policy against the penetration of the licit economy by organised crime requires enhanced expertise from the Member States and EU agencies in the three-dimensional aspects of financial investigations (past, present and future).This should help in developing evidence which can be used in criminal proceedings (judicially oriented financial investigation - past), identify the extent of (transnational) criminal networks (dismantling oriented financial investigation - present), assess the nature and evolution of crime and criminal patterns (proactive and strategically oriented financial investigation - future).5. The use of new psychoactive substances (so called "legal highs", which can pose a serious threat to public health), which are mostly synthetic, is increasing in the EU. New psychoactive substances are often sold in so called "Smart shops" and via internet shops thus becoming accessible to a wide range of potential consumers including children. They are a major challenge for the services responsible for the protection of public health, law enforcement agencies and lawmakers. Little is known about their effects but they can pose major risks to the health and life of people who use them, and more broadly to public health. Their rapid emergence and rising popularity and lack of knowledge of possible health risks before risk assessments are conducted make the growing use of new psychoactive substances a complex issue for national authorities that decide on the regulation or control of such substances. Recent analysis of drug markets in some EU countries seem to suggest that there is a dynamic relationship between the reduction in availability of some traditional illicit compounds for synthetic drugs (MDMA) and the emergence of new psychoactive substances².EU Organized Crime Threat Assessment OCTA 20116. Chemical precursors are necessary for the production of synthetic drugs. Key precursors are mainly smuggled into the EU from different regions of the world, but there are also other essential chemicals often diverted inside the EU itself. Drugs produced in the EU are later smuggled to third states. The trafficking of these drugs is in the hands of transnational organised crime groups and can only be effectively disrupted by joint efforts of the European Commission and EU Member States in close cooperation with third states. Active cooperation under the bilateral agreements between the EU and certain third countries on drug precursors is essential in this regard, as is the sharing of this information between EU Member States.7. A new trend has emerged recently - precursors are masked through transformation into a different substance from which they can be easily recovered at a later stage, or so called pre-precursors are being used. In this respect, specific attention should be given to the risk of organised crime groups evading the relevant EU Regulations by disputing the scope or the judicial interpretation of the legal definitions in these EU Regulations³.A review of the legal definitions in these Regulations should be taken into consideration.8. Although EU Member States are active and efficient in seizing illicit drug precursors, clamping down effectively on the trafficking of chemical precursors and synthetic drugs both to and from the EU requires a better sharing of information and intelligence on precursor false declaration, smuggling concealment methods, as well as stricter controls at external borders and strengthened cooperation among competent authorities of the Member States.9. Knowledge of methods of production, and the detection and dismantling of illegal laboratories are crucial for effectively combating the illicit production of synthetic drugs. These laboratories pose a serious threat, not only to law enforcement officers but also for the environment, because of the potential risk of accidents and/or illegal disposal of chemicals stored in them. As a consequence, it is necessary to provide law enforcement agencies with specialised training that would allow for a more uniform and safe way of investigating and dismantling illegal laboratories.10. The patterns and intensity of the production and trafficking in synthetic drugs are likely to differ from one region to another, or even from one Member State to another. In addition, the level of involvement of Member States in countering that type of crime may depend on the extent of the threat posed by synthetic drugs, the levels of perception of the threat and the available resources that may be used for this purpose. There is a need to enhance information gathering and analysis to improve understanding and monitoring of production and trafficking patterns at European level.In particular the meaning of "any substance, including mixtures and natural products containing such substances", Regulation (EC) No. 273/2004, Article 2 (a) and Regulation (EC) 111/2005, Article 2 (a).11. The launching of this initiative results from the European pact on countering international drug trafficking - disrupting cocaine and heroin routes that was adopted by the Council in June 2010. Point 5 of that document invites the Council, European Commission and relevant EU agencies to focus their activities in 2011 on counteracting synthetic drugs, in particular in the field of information sharing, specialised trainings and combating smuggling of precursors in close cooperation with relevant third countries.12. All these activities to counter production of and trafficking in synthetic drugs and smuggling of precursors call for a coordinated approach by all EU Member States. Drug trafficking is undoubtedly a serious threat that has to be addressed by a joint effort including by coordinating national legislative and control measures to avoid that actions taken by one Member State have a negative impact on other Member States.13. The pact against synthetic drugs is based on similar principles as the previous one and it is an integral part of the law enforcement aspect of the EU's anti-drug strategy and the EU drugs action plan for 2009-2012 that advocate a global balanced approach based on simultaneous reduction of supply and demand. It is a practical application of the Stockholm Programme and of the EU Internal Security Strategy adopted by the Council in 2010.The pact against synthetic drugs is a response to the challenges and findings mentioned above. The pact includes four major areas:i. Countering production of synthetic drugsii. Countering trafficking in synthetic drugs and precursorsiii. Tackling new psychoactive substancesiv. Training for law enforcement services in detecting, examining and dismantling clandestine laboratories.The pact indicates only the main activities which should be undertaken and the objectives to be achieved by Member States, European Commission and relevant EU agencies. The implementation of the pact should be placed under supervision of the Council/COSI, in full cooperation with the European Commission as regards to drug precursors, which is an exclusive competence of the EU. Its implementation should be fully in line with the EU policy cycle for organised and serious international crime, in particular with strategic goals and operational action plans to be developed in the coming months. Other Council working parties, in particular the Horizontal Drugs Group (HDG), should be associated in the implementation of the Pact. The HDG should take the lead on actions to address new psychoactive substances. The pact should serve as an umbrella approach whereas concrete implementing measures both at the strategic and operation level shall be defined and developed within the policy cycle.I. Countering production of synthetic drugs1.1 The main objective of the undertaken activities is to reduce the illicit manufacturing of Amphetamine Type Stimulants (ATS) and take measures against new psychoactive substances which are harmful to physical, psychological and public health.1.2 The European Commission is invited to periodically assess whether new chemicals should be added to the list of "non-scheduled substances" in order to better monitor their circulation and their leaking into the illicit market.1.3 As Synthetic Drugs, including new psychoactive substances which might be harmful to health, are one of the EU's agreed Crime Priorities, the role of the Europol's Analysis Work File (AWF) Synergy should be provided with an appropriate level of support. Member States shall commit to improving information exchange relating to the illicit production of synthetic drugs and by fully using relevant Comprehensive, Operational, Strategic Planning for the Police (COSPOL) projects and through other existing instruments, including those managed by Europol.1.4 Europol and Eurojust i shall assist in the coordination of investigations/operational activities carried out by Member States related to the illicit production of synthetic drugs across the European Union involving the same precursor sources or cross-border criminal groups.1.5 The existing system for information exchange among Member States regarding new methods of illicit production of synthetic drugs and diversion of precursors and the modus operandi of both producers and traffickers shall be improved and intensified. In case of precursors, close cooperation is needed between the competent national authorities and private operators in order to promote information exchange with the producers and the agents who sell those products.1.6 Sound information and analysis is the key to assessing progress in the fight against synthetic drugs. There is a need to monitor efforts implemented under the pact and the effects of the activities of Member States on the synthetic drugs market. Member States should assess their national efforts against a wider European background with the assistance of the information and analysis provided by the EMCDDA in cooperation with Europol.1.7 The European Drugs Profiling System (EDPS i) and its database should be fully used to help reduce organised crime involved in the production and trafficking of illicit synthetic drugs by integrating forensic profiling in intelligence and law enforcement operations. To this end, close cooperation with Europol, as the EU agency that will host the database as of 2012, should be ensured.II. Countering trafficking in synthetic drugs and precursorsII. 1 Measures aiming to combat trafficking in synthetic drugs are based on the same principles as depicted in the European pact on disrupting cocaine and heroine routes, and comprise similar activities in particular with regard to the need for reinforced coordination, sharing of tasks and enhanced regional cooperation.II. 2 Actions in the field of drag precursors control should be seen in the context of the Council conclusions on the functioning and implementation of EU drug precursors legislation of 25 May 2010 and of the further work to review the legislation carried out by the European Commission, in order to prevent the diversion of pharmaceutical preparations containing ephedrine and pseudo-ephedrine⁴ towards the production of synthetic drugs.11.3 In cooperation with the European Commission, OLAF i and the Member States' law enforcement authorities, Europol - in accordance with its mandate - is invited to intensify its cooperation with Eastern European and Asian countries in preventing the diversion of drug precursors and pre-precursors from licit trade.11.4 The role of Liaison Officers accredited in Eastern European and Asian countries in the monitoring of the market for the illicit production and trade in synthetic drugs and the diversion of drug precursors shall be increased. For this kind of exchange of information proper communication channels, national rules and regulations as well as EU-laws are to be observed. Structural exchange of operational information or information about capacity building projects among EU Liaison Officers posted to relevant Eastern European or Asian countries with the European Commission and OLAF should be encouraged, in order to maximize synergies and avoid duplications.11.5 Coordination of the activities of Member States, EU institutions (including OLAF) and agencies (in particular EMCDDA, Europol and Eurojust) shall be further improved. The objective is to guarantee coherence - both inside and outside of the EU - of the activities aimed at regulating or combating illicit trafficking in synthetic drugs and drug precursors.11.6 Cooperation between competent authorities (e.g. police, customs - if allowed under national legislation) shall be strengthened, in accordance with the Council Conclusions on the contribution of the customs authorities to the implementation of the Stockholm Programme in the fight against serious and organised cross-border crime, adopted on 11 April 2011. The possibility for law enforcement agencies of setting-up of joint investigation teams⁵ in order to foster cooperation in combating precursors and synthetic drugs smuggling shall be encouraged and the barriers and obstacles encountered regarding this instrument in the past decade shall be examined by COSI in cooperation with other relevant bodies. The JIT Secretariat hosted at Eurojust and its experience in the field of JITs should be further used in the JIT setting up and coordination.The issue of red phosphorus will be addressed when elaborating the Operational Action Plan on synthetic drugs in the framework of the EU policy cycle. 2002/465/JHA, OJ L 162, 20.6.2002, p. 1.II. 7 The situation and the needs of transit countries and countries of origin of precursors, in termsof training or capacity building, for instance, shall be taken into consideration while establishing or enhancing close cooperation with them. These elements shall be also considered in the process of drawing up EU overall policy towards third countries. This cooperation needs to be coherent and consistent with the EU external and enlargement policies and structures, as well as the EU policy on drug precursors.III. Tackling new psychoactive substancesIII. 1 In recent years new psychoactive substances, mainly synthetic, have increasingly emerged on the EU market. Member States, the Commission and relevant agencies (EMCDDA, Europol, Eurojust and the European Medicines Agencies) shall intensify their efforts to rapidly and proactively monitor and assess the diffusion, composition and related health risks of these substances. Information on these new substances should rapidly circulate among national authorities, European Commission and EU agencies. Accordingly, substances that pose a threat to health should be swiftly eliminated from legal circulation, for instance as a temporary measure during the period of assessment.III. 2 Further investment should be made in identifying and developing legally sustainableapproaches that effectively regulate the market for new psychoactive substances and prevent substances that pose a threat to health from entering the market.111.3 Information exchange between Member States regarding new psychoactive substances and new distribution patterns shall be improved, by making full use and if needed reinforcing the Early Warning System.111.4 A joint EU approach to effectively addressing the rapid spread of new psychoactive substances shall be considered, including through legislative measures.111.5 Joint efforts should be considered to address sales and distribution of new psychoactivesubstances over the internet or in specialised shops.111.6 The Council invites the European Commission to consider the revision of the existing legislative framework on the information exchange, risk assessment and control of new psychoactive substances. The revised instrument should aim to balance effectiveness of measures with a scientifically robust and rapid response.The Commission may analyse how the relevant regulations are applied across the EU and, if necessary, take the necessary measures to ensure their coordinated application.IV. Training for law enforcement services in detecting, examining and dismantling clandestine laboratoriesIV. 1 Enhancing accurate and up-to-date knowledge about the methods and approaches used by criminal organisations for the illicit production of synthetic drugs and diversion of precursors as well as information on effective methods and best practices in the detection and dismantling of illicit production facilities is key in ensuring the efficiency of activities undertaken by law enforcement agencies. It is crucial to harmonise training provided in this field so that safe and effective methods of dismantling illicit production facilities can be attained.IV.2 Training in methods and techniques for the detection and dismantling of illicit clandestine laboratories should be provided from an international perspective and become a structural element in the training programmes of the European Police College (CEPOL) in coherence with the EU police training strategy and the future European Training Scheme policy. Experts from Member States and Europol should be involved in this process.IV.3 A dedicated training infrastructure should be used to provide professional training for law enforcement officers. Such an infrastructure was created as part of the International Training Center for Combating Clandestine Laboratories project (co-financed by the ISEC programme)⁶."The project comprises, among other things, reconstructed illegal drug laboratories that had been shut down in Poland and the Netherlands.