2013/0304(COD)

Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking: definition of 'drug'

Procedure completed

2013/0304(COD) Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking: definition of 'drug'
RoleCommitteeRapporteurShadows
Opinion ENVI SONIK Bogusław (PPE)
Lead LIBE JIMÉNEZ-BECERRIL BARRIO Teresa (PPE) HEDH Anna (S&D), SCHLYTER Carl (Verts/ALE), KIRKHOPE Timothy (ECR), TRIANTAPHYLLIDES Kyriacos (GUE/NGL)
Lead LIBE JIMÉNEZ-BECERRIL BARRIO Teresa (PPE)
Lead committee dossier: LIBE/8/09271
Legal Basis TFEU TFEU 083-p1-a1
Subjects
Links

Activites

  • 2017/11/21 Final act published in Official Journal
  • 2017/11/15 Final act signed
  • 2017/11/15 End of procedure in Parliament
  • 2017/10/24 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0391/2017 summary
  • 2017/10/23 Debate in Parliament
    • Debate in Parliament
    • A8-0317/2017 summary
  • 2017/10/19 Vote in committee, 2nd reading
  • 2017/10/05 Committee referral announced in Parliament, 2nd reading
  • 2017/09/26 Council position published
    • 10537/1/2017 summary
  • #3552
  • 2017/06/20 Council Meeting
  • 2017/06/08 Approval in committee of the text agreed at early 2nd reading interinstitutional negotiations
  • 2015/02/05 Committee decision to open interinstitutional negotiations after 1st reading in Parliament
  • 2014/04/17 Decision by Parliament, 1st reading/single reading
    • T7-0454/2014 summary
  • 2014/03/14 Committee report tabled for plenary, 1st reading/single reading
    • A7-0173/2014 summary
    • ENVI SONIK Bogusław PPE
    • LIBE LIBE/8/09271 JIMÉNEZ-BECERRIL BARRIO Teresa PPE
    • LIBE LIBE/8/09271 JIMÉNEZ-BECERRIL BARRIO Teresa PPE
  • 2014/03/10 Vote in committee, 1st reading/single reading
  • 2013/10/08 Committee referral announced in Parliament, 1st reading/single reading
  • 2013/09/17 Legislative proposal published
    • COM(2013)0618 summary
    • DG {u'url': u'http://ec.europa.eu/info/departments/justice-and-consumers_en', u'title': u'Justice and Consumers'}, REDING Viviane

Documents

Votes

A7-0173/2014 - Teresa Jiménez-Becerril Barrio - Résolution législative

2014/04/17
Position Total ALDE ECR EFD GUE/NGL NI PPE S&D Verts/ALE correctional
For 504 56 21 19 1 15 203 143 46 0
Against 36 0 0 3 25 8 0 0 0 0
Abstain 36 9 21 0 3 3 0 0 0 0
AmendmentsDossier
41 2013/0304(COD) Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking: definition of 'drug'
2013/11/27 ENVI 3 amendments...
source: PE-524.584
2013/12/19 LIBE, LIBE 6 amendments...
source: PE-519.605
2014/01/08 ENVI 16 amendments...
source: PE-526.243
2014/01/28 LIBE 16 amendments...
source: PE-519.807

History

(these mark the time of scraping, not the official date of the change)

2018-09-12
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text
  • PURPOSE: to extend the scope of the EU criminal law provisions applicable to drug trafficking to new psychoactive substances (NPS) posing serious risks to public health and, where applicable, to serious risks to society at Union level.

    LEGISLATIVE ACT: Directive (EU) 2017/2103 of the European Parliament and of the Council amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of ‘drug’ and repealing Council Decision 2005/387/JHA.

    CONTENT: this Directive amends Council Framework Decision 2004/757/JHA in order to respond at Union level to the threat posed by new psychoactive substances (NPS) through swifter, more effective action on Union level compared to the currently applicable system set up by Council Decision 2005/387/JHA on the exchange of information, risk assessment and control of NPS.

    Inclusion of NPS in the definition of ‘drug’: a drug is defined as a substance covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances.

    Substances that may be considered as new psychoactive substances are listed in a new annex to Framework Decision 2004/757/JHA which may be amended by delegated acts.

    Procedure and criteria for including NPS in the definition of 'drug': on the basis of a risk assessment, the Commission shall adopt without undue delay a delegated act amending the Annex to the Framework Decision with a view to adding the NPS and to provide that the NPS poses serious risks to public health and, where applicable, to serious risks to society at Union level, and that it is or they are included in the definition of ‘drug’.

    When considering whether to adopt a delegated act, the Commission shall evaluate in particular:

    • whether the extent or patterns of use of new psychoactive substance as well as its availability and potential for diffusion within the Union are significant, and whether the harm to health caused by the consumption of the new psychoactive substance, associated with its acute or chronic toxicity and abuse liability or dependence-producing potential, is life-threatening;
    • whether the social harm caused by the new psychoactive substance to individuals and to society is severe, and, in particular, whether the impact of the new psychoactive substance on social functioning and public order is such as to disrupt public order, or cause violent or anti-social behaviour, resulting in harm to the user or to other persons or damage to property, or whether criminal activities, including organised crime, associated with the new psychoactive substance are systematic.

    If, within six weeks of the date of receipt of the risk assessment report or the combined risk assessment report, the Commission considers that it is not necessary to adopt a delegated act to include the new psychoactive substance or substances in the definition of ‘drug’, it shall present a report to the European Parliament and to the Council explaining the reasons for not doing so.

    The Directive provides for a period of six months from the entry into force of a delegated act amending the Annex for the implementation of national measures.

    This Directive repeals Decision 2005/387/JHA.

    The United Kingdom and Denmark are not bound by the Directive.

    ENTRY INTO FORCE: 22.11.2017.

    TRANSPOSITON: no later than 23.11.2018.

    DELEGATED ACTS: the Commission may adopt delegated acts as regards amendments to the Annex to include new psychoactive substances in the definition of the term 'drugs'. The power to adopt such acts is conferred on the Commission for a period of five years (renewable) from 22 November 2017. The European Parliament or the Council shall have the right to oppose a delegated act within a period of two months (extendable two months) from the notification of the act.

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Final act published in Official Journal
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Rules of Procedure of the European Parliament EP 150
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017L2103
title
Directive 2017/2103
procedure/stage_reached changed
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Procedure completed, awaiting publication in Official Journal
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Procedure completed
procedure/summary/1 added Repealing Decision 2005/387/JHA
procedure/title changed
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Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking: definition of drug
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Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking: definition of 'drug'
2017-11-18
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2013-11-01
2013-10-26
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2013-10-11
2013-10-09
2013-10-01
2013-09-26

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