# Official Journal L 335/11 N

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 335 |
| | |
| English edition | Legislation | Volume 4711 November 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 335

English edition

Legislation

Volume 4711 November 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1938/2004 of 10 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 1939/2004 of 10 November 2004 on the issue of import licences for high-quality fresh, chilled or frozen beef and veal | 3 |
| | | Commission Regulation (EC) No 1940/2004 of 10 November 2004 determining the world market price for unginned cotton | 4 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1938/2004 of 10 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 1939/2004 of 10 November 2004 on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

3

Commission Regulation (EC) No 1940/2004 of 10 November 2004 determining the world market price for unginned cotton

4

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | 2004/756/EC:Council Decision of 4 October 2004 concerning the conclusion of an Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America | 5 |
| Agreement Renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America | 7 |

II   Acts whose publication is not obligatory

Council

*

2004/756/EC:Council Decision of 4 October 2004 concerning the conclusion of an Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America

5

Agreement Renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America

7

| | | Acts adopted under Title VI of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Framework Decision 2004/757/JHA of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking | 8 |

Acts adopted under Title VI of the Treaty on European Union

*

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

8

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts whose publication is obligatory

| 11.11.2004 | EN | Official Journal of the European Union | L 335/1 |
| --- | --- | --- | --- |

11.11.2004

EN

Official Journal of the European Union

L 335/1

---

COMMISSION REGULATION (EC) No 1938/2004

of 10 November 2004

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 11 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 November 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

1

---

ANNEX

to Commission Regulation of 10 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 85,9 |
| 204 | 55,9 |
| 999 | 70,9 |
| 0707 00 05 | 052 | 104,4 |
| 999 | 104,4 |
| 0709 90 70 | 052 | 95,2 |
| 204 | 73,3 |
| 999 | 84,3 |
| 0805 20 10 | 204 | 85,6 |
| 999 | 85,6 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 77,0 |
| 528 | 27,1 |
| 624 | 96,5 |
| 999 | 66,9 |
| 0805 50 10 | 052 | 60,3 |
| 388 | 42,7 |
| 524 | 67,3 |
| 528 | 43,9 |
| 999 | 53,6 |
| 0806 10 10 | 052 | 96,8 |
| 400 | 225,7 |
| 508 | 216,8 |
| 624 | 179,5 |
| 999 | 179,7 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 052 | 90,5 |
| 388 | 145,0 |
| 400 | 104,6 |
| 404 | 90,5 |
| 512 | 104,5 |
| 720 | 71,9 |
| 800 | 204,9 |
| 804 | 107,2 |
| 999 | 114,9 |
| 0808 20 50 | 052 | 67,3 |
| 720 | 61,8 |
| 999 | 64,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

85,9

204

55,9

999

70,9

0707 00 05

052

104,4

999

104,4

0709 90 70

052

95,2

204

73,3

999

84,3

0805 20 10

204

85,6

999

85,6

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

052

77,0

528

27,1

624

96,5

999

66,9

0805 50 10

052

60,3

388

42,7

524

67,3

528

43,9

999

53,6

0806 10 10

052

96,8

400

225,7

508

216,8

624

179,5

999

179,7

0808 10 20 , 0808 10 50 , 0808 10 90

052

90,5

388

145,0

400

104,6

404

90,5

512

104,5

720

71,9

800

204,9

804

107,2

999

114,9

0808 20 50

052

67,3

720

61,8

999

64,6

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘
  999
  ’ stands for ‘of other origin’.

---

| 11.11.2004 | EN | Official Journal of the European Union | L 335/3 |
| --- | --- | --- | --- |

11.11.2004

EN

Official Journal of the European Union

L 335/3

---

COMMISSION REGULATION (EC) No 1939/2004

of 10 November 2004

on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),

Whereas:

| (1) | Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f). |
| --- | --- |

(1)

Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).

| (2) | Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2004 to 30 June 2005 at 11 500 t. |
| --- | --- |

(2)

Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2004 to 30 June 2005 at 11 500 t.

| (3) | It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit, |
| --- | --- |

(3)

It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,

HAS ADOPTED THIS REGULATION:

Article 1

1.   All applications for import licences from 1 to 5 November 2004 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.

2.   Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of December 2004 for 5 197,773 t.

Article 2

This Regulation shall enter into force on 11 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 November 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

1

(2)  
  OJ L 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

2

---

| 11.11.2004 | EN | Official Journal of the European Union | L 335/4 |
| --- | --- | --- | --- |

11.11.2004

EN

Official Journal of the European Union

L 335/4

---

COMMISSION REGULATION (EC) No 1940/2004

of 10 November 2004

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,

Whereas:

| (1) | In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined. |
| --- | --- |

(1)

In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.

| (2) | In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001. |
| --- | --- |

(2)

In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.

| (3) | The application of the above criteria gives the world market price for unginned cotton determined hereinafter, |
| --- | --- |

(3)

The application of the above criteria gives the world market price for unginned cotton determined hereinafter,

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 17,377 EUR/100 kg.

Article 2

This Regulation shall enter into force on 11 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 November 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 148, 1.6.2001, p. 1.

1

(2)  
  OJ L 148, 1.6.2001, p. 3.

2

(3)  
  OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation (EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).

3

---

II Acts whose publication is not obligatory

Council

| 11.11.2004 | EN | Official Journal of the European Union | L 335/5 |
| --- | --- | --- | --- |

11.11.2004

EN

Official Journal of the European Union

L 335/5

---

COUNCIL DECISION

of 4 October 2004

concerning the conclusion of an Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America

(2004/756/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3),

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

| (1) | By its Decision of 13 October 1998 (2), the Council approved the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America. |
| --- | --- |

(1)

By its Decision of 13 October 1998 (2), the Council approved the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America.

| (2) | Article 12(b) of the Agreement provides as follows: ‘This Agreement is concluded for an initial period ending of five years. Subject to review by the Parties in the final year of each successive period, the Agreement may be extended with possible amendments, thereafter for additional periods of five years by mutual written agreement by the Parties’. |
| --- | --- |

(2)

Article 12(b) of the Agreement provides as follows: ‘This Agreement is concluded for an initial period ending of five years. Subject to review by the Parties in the final year of each successive period, the Agreement may be extended with possible amendments, thereafter for additional periods of five years by mutual written agreement by the Parties’.

| (3) | The authorities of the United States of America have informed the services of the Commission that they would favour the renewal of the abovementioned Agreement for five more years. Rapid renewal would therefore be in the best interests of both parties. |
| --- | --- |

(3)

The authorities of the United States of America have informed the services of the Commission that they would favour the renewal of the abovementioned Agreement for five more years. Rapid renewal would therefore be in the best interests of both parties.

| (4) | The material content of the renewed Agreement will be identical to the material content of the Agreement, which expired on 13 October 2003. |
| --- | --- |

(4)

The material content of the renewed Agreement will be identical to the material content of the Agreement, which expired on 13 October 2003.

| (5) | The Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America should be approved on behalf of the Community, |
| --- | --- |

(5)

The Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America should be approved on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America for an additional period of five years is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to express the consent of the Community to be bound thereby.

Done at Luxembourg, 4 October 2004.

For the Council

The President

A. J. DE GEUS

---

(1)  Opinion delivered on 16 December 2003 (not yet published in the Official Journal).

1

(2)  
  OJ L 284, 22.10.1998, p. 35.

2

---

AGREEMENT

Renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America

THE EUROPEAN COMMUNITY (hereinafter the Community),

of the one part, and

THE GOVERNMENT OF THE UNITED STATES OF AMERICA,

of the other part,

hereinafter referred to as the ‘Parties’,

CONSIDERING the importance of science and technology for their economic and social development,

RECOGNISING that the Community and the United States of America are pursuing research and technological activities in a number of areas of common interest, and that participation in each other's research and development activities on a basis of reciprocity will provide mutual benefits,

HAVING REGARD to the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America, which was signed in Washington on 5 December 1997 and which will expire on 13 October 2003,

DESIRING to pursue their cooperation in science and technology in the formal framework established by the Agreement,

HAVE AGREED AS FOLLOWS:

Article 1

The Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America, which was signed in Washington on 5 December 1997 and will expire on 13 October 2003, is hereby renewed for an additional period of five years.

Article 2

This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.

Article 3

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.

For the European Community

For the Government of the United States of America

---

Acts adopted under Title VI of the Treaty on European Union

| 11.11.2004 | EN | Official Journal of the European Union | L 335/8 |
| --- | --- | --- | --- |

11.11.2004

EN

Official Journal of the European Union

L 335/8

---

COUNCIL FRAMEWORK DECISION 2004/757/JHA

of 25 october 2004

laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(e) and Article 34(2)(b) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

| (1) | Illicit drug trafficking poses a threat to health, safety and the quality of life of citizens of the European Union, and to the legal economy, stability and security of the Member States. |
| --- | --- |

(1)

Illicit drug trafficking poses a threat to health, safety and the quality of life of citizens of the European Union, and to the legal economy, stability and security of the Member States.

| (2) | The need for legislative action to tackle illicit drug trafficking has been recognised in particular in the Action Plan of the Council and the Commission on how best to implement the provisions of the Amsterdam Treaty on an area of freedom, security and justice (3), adopted by the Justice and Home Affairs Council in Vienna on 3 December 1998, the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular point 48 thereof, the European Union's Drugs Strategy (2000-2004) endorsed by the Helsinki European Council from 10 to 12 December 1999 and the European Union's Action Plan on Drugs (2000-2004) endorsed by the European Council in Santa Maria da Feira on 19 and 20 June 2000. |
| --- | --- |

(2)

The need for legislative action to tackle illicit drug trafficking has been recognised in particular in the Action Plan of the Council and the Commission on how best to implement the provisions of the Amsterdam Treaty on an area of freedom, security and justice (3), adopted by the Justice and Home Affairs Council in Vienna on 3 December 1998, the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular point 48 thereof, the European Union's Drugs Strategy (2000-2004) endorsed by the Helsinki European Council from 10 to 12 December 1999 and the European Union's Action Plan on Drugs (2000-2004) endorsed by the European Council in Santa Maria da Feira on 19 and 20 June 2000.

| (3) | It is necessary to adopt minimum rules relating to the constituent elements of the offences of illicit trafficking in drugs and precursors which will allow a common approach at European Union level to the fight against such trafficking. |
| --- | --- |

(3)

It is necessary to adopt minimum rules relating to the constituent elements of the offences of illicit trafficking in drugs and precursors which will allow a common approach at European Union level to the fight against such trafficking.

| (4) | By virtue of the principle of subsidiarity, European Union action should focus on the most serious types of drug offence. The exclusion of certain types of behaviour as regards personal consumption from the scope of this Framework Decision does not constitute a Council guideline on how Member States should deal with these other cases in their national legislation. |
| --- | --- |

(4)

By virtue of the principle of subsidiarity, European Union action should focus on the most serious types of drug offence. The exclusion of certain types of behaviour as regards personal consumption from the scope of this Framework Decision does not constitute a Council guideline on how Member States should deal with these other cases in their national legislation.

| (5) | Penalties provided for by the Member States should be effective, proportionate and dissuasive, and include custodial sentences. To determine the level of penalties, factual elements such as the quantities and the type of drugs trafficked, and whether the offence was committed within the framework of a criminal organisation, should be taken into account. |
| --- | --- |

(5)

Penalties provided for by the Member States should be effective, proportionate and dissuasive, and include custodial sentences. To determine the level of penalties, factual elements such as the quantities and the type of drugs trafficked, and whether the offence was committed within the framework of a criminal organisation, should be taken into account.

| (6) | Member States should be allowed to make provision for reducing the penalties when the offender has supplied the competent authorities with valuable information. |
| --- | --- |

(6)

Member States should be allowed to make provision for reducing the penalties when the offender has supplied the competent authorities with valuable information.

| (7) | It is necessary to take measures to enable the confiscation of the proceeds of the offences referred to in this Framework Decision. |
| --- | --- |

(7)

It is necessary to take measures to enable the confiscation of the proceeds of the offences referred to in this Framework Decision.

| (8) | Measures should be taken to ensure that legal persons can be held liable for the criminal offences referred to by this Framework Decision which are committed for their benefit. |
| --- | --- |

(8)

Measures should be taken to ensure that legal persons can be held liable for the criminal offences referred to by this Framework Decision which are committed for their benefit.

| (9) | The effectiveness of the efforts made to tackle illicit drug trafficking depends essentially on the harmonisation of the national measures implementing this Framework Decision, |
| --- | --- |

(9)

The effectiveness of the efforts made to tackle illicit drug trafficking depends essentially on the harmonisation of the national measures implementing this Framework Decision,

HAS DECIDED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Framework Decision:

| 1. | ‘drugs’: shall mean any of the substances covered by the following United Nations Conventions:






  (a) | the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol); |
| --- | --- | --- |

1.

‘drugs’: shall mean any of the substances covered by the following United Nations Conventions:

(a)

the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol);

| (b) | the 1971 Vienna Convention on Psychotropic Substances. It shall also include the substances subject to controls under Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange risk assessment and the control of new synthetic drugs (4); |
| --- | --- |

(b)

the 1971 Vienna Convention on Psychotropic Substances. It shall also include the substances subject to controls under Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange risk assessment and the control of new synthetic drugs (4);

4

| 2. | ‘precursors’: shall mean any substance scheduled in the Community legislation giving effect to the obligations deriving from Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988; |
| --- | --- |

2.

‘precursors’: shall mean any substance scheduled in the Community legislation giving effect to the obligations deriving from Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988;

| 3. | ‘legal person’: shall mean any legal entity having such status under the applicable national law, except for States or other public bodies acting in the exercise of their sovereign rights and for public international organisations. |
| --- | --- |

3.

‘legal person’: shall mean any legal entity having such status under the applicable national law, except for States or other public bodies acting in the exercise of their sovereign rights and for public international organisations.

Article 2

Crimes linked to trafficking in drugs and precursors

1.   Each Member State shall take the necessary measures to ensure that the following intentional conduct when committed without right is punishable:

| (a) | the production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of drugs; |
| --- | --- |

(a)

the production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of drugs;

| (b) | the cultivation of opium poppy, coca bush or cannabis plant; |
| --- | --- |

(b)

the cultivation of opium poppy, coca bush or cannabis plant;

| (c) | the possession or purchase of drugs with a view to conducting one of the activities listed in (a); |
| --- | --- |

(c)

the possession or purchase of drugs with a view to conducting one of the activities listed in (a);

| (d) | the manufacture, transport or distribution of precursors, knowing that they are to be used in or for the illicit production or manufacture of drugs. |
| --- | --- |

(d)

the manufacture, transport or distribution of precursors, knowing that they are to be used in or for the illicit production or manufacture of drugs.

2.   The conduct described in paragraph 1 shall not be included in the scope of this Framework Decision when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law.

Article 3

Incitement, aiding and abetting and attempt

1.   Each Member State shall take the necessary measures to make incitement to commit, aiding and abetting or attempting one of the offences referred to in Article 2 a criminal offence.

2.   A Member State may exempt from criminal liability the attempt to offer or prepare drugs referred to in Article 2(1)(a) and the attempt to possess drugs referred to in Article 2(1)(c).

Article 4

Penalties

1.   Each Member State shall take the measures necessary to ensure that the offences defined in Articles 2 and 3 are punishable by effective, proportionate and dissuasive criminal penalties.

Each Member State shall take the necessary measures to ensure that the offences referred to in Article 2 are punishable by criminal penalties of a maximum of at least between one and three years of imprisonment.

2.   Each Member State shall take the necessary measures to ensure that the offences referred to in Article 2(1)(a), (b) and (c) are punishable by criminal penalties of a maximum of at least between 5 and 10 years of imprisonment in each of the following circumstances:

| (a) | the offence involves large quantities of drugs; |
| --- | --- |

(a)

the offence involves large quantities of drugs;

| (b) | the offence either involves those drugs which cause the most harm to health, or has resulted in significant damage to the health of a number of persons. |
| --- | --- |

(b)

the offence either involves those drugs which cause the most harm to health, or has resulted in significant damage to the health of a number of persons.

3.   Each Member State shall take the necessary measures to ensure that the offences referred to in paragraph 2 are punishable by criminal penalties of a maximum of at least 10 years of deprivation of liberty, where the offence was committed within the framework of a criminal organisation as defined in Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (5).

4.   Each Member State shall take the necessary measures to ensure that the offences referred to in Article 2(1)(d) are punishable by criminal penalties of a maximum of at least between 5 and 10 years of deprivation of liberty, where the offence was committed within the framework of a criminal organisation as defined in Joint Action 98/733/JHA and the precursors are intended to be used in or for the production or manufacture of drugs under the circumstances referred to in paragraphs 2(a) or (b).

5.   Without prejudice to the rights of victims and of other bona fide third parties, each Member State shall take the necessary measures to enable the confiscation of substances which are the object of offences referred to in Articles 2 and 3, instrumentalities used or intended to be used for these offences and proceeds from these offences or the confiscation of property the value of which corresponds to that of such proceeds, substances or instrumentalities.

The terms ‘confiscation’, ‘instrumentalities’, ‘proceeds’ and ‘property’ shall have the same meaning as in Article 1 of the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.

Article 5

Particular circumstances

Notwithstanding Article 4, each Member State may take the necessary measures to ensure that the penalties referred to in Article 4 may be reduced if the offender:

| (a) | renounces criminal activity relating to trafficking in drugs and precursors, and |
| --- | --- |

(a)

renounces criminal activity relating to trafficking in drugs and precursors, and

| (b) | provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:






  (i) | prevent or mitigate the effects of the offence, |
| --- | --- | --- |

(b)

provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:

(i)

prevent or mitigate the effects of the offence,

| (ii) | identify or bring to justice the other offenders, |
| --- | --- |

(ii)

identify or bring to justice the other offenders,

| (iii) | find evidence, or |
| --- | --- |

(iii)

find evidence, or

| (iv) | prevent further offences referred to in Articles 2 and 3. |
| --- | --- |

(iv)

prevent further offences referred to in Articles 2 and 3.

Article 6

Liability of legal persons

1.   Each Member State shall take the necessary measures to ensure that legal persons can be held liable for any of the criminal offences referred to in Articles 2 and 3 committed for their benefit by any person, acting either individually or as a member of an organ of the legal person in question, who has a leading position within the legal person, based on one of the following:

| (a) | a power of representation of the legal person; |
| --- | --- |

(a)

a power of representation of the legal person;

| (b) | an authority to take decisions on behalf of the legal person; |
| --- | --- |

(b)

an authority to take decisions on behalf of the legal person;

| (c) | an authority to exercise control within the legal person. |
| --- | --- |

(c)

an authority to exercise control within the legal person.

2.   Apart from the cases provided for in paragraph 1, each Member State shall take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 2 and 3 for the benefit of that legal person by a person under its authority.

3.   Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in any of the offences referred to in Articles 2 and 3.

Article 7

Sanctions for legal persons

1.   Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions, such as:

| (a) | exclusion from entitlement to tax relief or other benefits or public aid; |
| --- | --- |

(a)

exclusion from entitlement to tax relief or other benefits or public aid;

| (b) | temporary or permanent disqualification from the pursuit of commercial activities; |
| --- | --- |

(b)

temporary or permanent disqualification from the pursuit of commercial activities;

| (c) | placing under judicial supervision; |
| --- | --- |

(c)

placing under judicial supervision;

| (d) | a judicial winding-up order; |
| --- | --- |

(d)

a judicial winding-up order;

| (e) | temporary or permanent closure of establishments used for committing the offence; |
| --- | --- |

(e)

temporary or permanent closure of establishments used for committing the offence;

| (f) | in accordance with Article 4(5), the confiscation of substances which are the object of offences referred to in Articles 2 and 3, instrumentalities used or intended to be used for these offences and proceeds from these offences or the confiscation of property the value of which corresponds to that of such proceeds, substances or instrumentalities. |
| --- | --- |

(f)

in accordance with Article 4(5), the confiscation of substances which are the object of offences referred to in Articles 2 and 3, instrumentalities used or intended to be used for these offences and proceeds from these offences or the confiscation of property the value of which corresponds to that of such proceeds, substances or instrumentalities.

2.   Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(2) is punishable by effective, proportionate and dissuasive sanctions or measures.

Article 8

Jurisdiction and prosecution

1.   Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 2 and 3 where:

| (a) | the offence is committed in whole or in part within its territory; |
| --- | --- |

(a)

the offence is committed in whole or in part within its territory;

| (b) | the offender is one of its nationals; or |
| --- | --- |

(b)

the offender is one of its nationals; or

| (c) | the offence is committed for the benefit of a legal person established in the territory of that Member State. |
| --- | --- |

(c)

the offence is committed for the benefit of a legal person established in the territory of that Member State.

2.   A Member State may decide that it will not apply, or that it will apply only in specific cases or circumstances, the jurisdiction rules set out in paragraphs 1(b) and 1(c) where the offence is committed outside its territory.

3.   A Member State which, under its laws, does not extradite its own nationals shall take the necessary measures to establish its jurisdiction over and to prosecute, where appropriate, an offence referred to in Articles 2 and 3 when it is committed by one of its own nationals outside its territory.

4.   Member States shall inform the General Secretariat of the Council and the Commission when they decide to apply paragraph 2, where appropriate with an indication of the specific cases or circumstances in which the decision applies.

Article 9

Implementation and reports

1.   Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 12 May 2006.

2.   By the deadline referred to in paragraph 1, Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. The Commission shall, by 12 May 2009, submit a report to the European Parliament and to the Council on the functioning of the implementation of the Framework Decision, including its effects on judicial cooperation in the field of illicit drug trafficking. Following this report, the Council shall assess, at the latest within six months after submission of the report, whether Member States have taken the necessary measures to comply with this Framework Decision.

Article 10

Territorial application

This Framework Decision shall apply to Gibraltar.

Article 11

Entry into force

This Framework Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

Done at Luxembourg, 25 October 2004.

For the Council

The President

R. VERDONK

---

(1)  
  OJ C 304 E, 30.10.2001, p. 172.

1

(2)  Opinion of 9 March 2004 (not yet published in the Official Journal).

2

(3)  
  OJ C 19, 23.1.1999, p. 1.

3

(4)  
  OJ L 167, 25.6.1997, p. 1.

4

(5)  
  OJ L 351, 29.12.1998, p. 1.

5

---