# CE2004078EN.01024501.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/245 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/245

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(2004/C 78 E/0248)

WRITTEN QUESTION E-3262/03

by Erik Meijer (GUE/NGL) to the Commission

(4 November 2003)

Subject:   Exclusion of persons who are nationals of another Member State from the right to purchase soft drugs or to be members of a users' association

Subject:

| 1. | Is the Commission aware that the selling of soft drugs in Netherlands ‘coffee shops’, allowed in practice since the 1970s, follows the basic principle that the sale of such drugs should be refused to those who are under age, but not to those who are not Netherlands nationals? |
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1.

Is the Commission aware that the selling of soft drugs in Netherlands ‘coffee shops’, allowed in practice since the 1970s, follows the basic principle that the sale of such drugs should be refused to those who are under age, but not to those who are not Netherlands nationals?

| 2. | Is the Commission aware of the joint press conference held on 22 October 2003 in Berlin by the German Interior Minister and the Netherlands Justice Minister, at which, inter alia, statements were made which could lead to a policy based on different treatment of EU residents depending on their nationality or the country where they are resident? |
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2.

Is the Commission aware of the joint press conference held on 22 October 2003 in Berlin by the German Interior Minister and the Netherlands Justice Minister, at which, inter alia, statements were made which could lead to a policy based on different treatment of EU residents depending on their nationality or the country where they are resident?

| 3. | Would it be permissible, on the basis of the current European Treaties, for the sale of the soft drugs sold in Netherlands ‘coffee shops’ to be refused in future to those who are not Netherlands nationals or citizens? If not, will the Commission be informing the Member States of this? |
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3.

Would it be permissible, on the basis of the current European Treaties, for the sale of the soft drugs sold in Netherlands ‘coffee shops’ to be refused in future to those who are not Netherlands nationals or citizens? If not, will the Commission be informing the Member States of this?

| 4. | Would it be permissible, on the basis of the current European Treaties, for the sale of soft drugs in Netherlands ‘coffee shops’ to be limited in future to closed users' associations that must refuse membership to those who are not Netherlands nationals or citizens? If not, will the Commission be informing the Member States of this? |
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4.

Would it be permissible, on the basis of the current European Treaties, for the sale of soft drugs in Netherlands ‘coffee shops’ to be limited in future to closed users' associations that must refuse membership to those who are not Netherlands nationals or citizens? If not, will the Commission be informing the Member States of this?

| 5. | Would a possible alternative to discrimination based on nationality and citizenship be for the authorities wishing to combat the use of soft drugs on their territory to start from the basic principle that consumption must take place in the country of purchase, similarly to the way in which Netherlands nationals may purchase dangerous fireworks or firearms but may not import such products into the Netherlands? |
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5.

Would a possible alternative to discrimination based on nationality and citizenship be for the authorities wishing to combat the use of soft drugs on their territory to start from the basic principle that consumption must take place in the country of purchase, similarly to the way in which Netherlands nationals may purchase dangerous fireworks or firearms but may not import such products into the Netherlands?

Source: Netherlands newspaper NRC-Handelsblad, 23.10.2003.

Answer given by Mr Vitorino on behalf of the Commission

(11 December 2003)

(11 December 2003)

The Commission is aware of the debate that is taking place in the Netherlands regarding national policy on cannabis, in particular relating to ‘coffee shops’.

In line with the subsidiarity principle, it would not be appropriate for the Commission to participate or intervene in debates taking place at national level regarding Member States' policies on this subject.

The Commission will, however, undertake the appropriate action in case of a possible infringement of the Treaties.

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