Initiative of the Kingdom of Sweden with a view to adopting a JHA Council Decision establishing a system of special forensic profiling analysis of synthetic drugs
Date: 2001-01-12
Institutions: Sweden
Subjects: Sweden, exchange of information, narcotic, research body, trans-European network

12.1.2001

EN

Official Journal of the European Communities

C 10/1

(Acts adopted pursuant to Title VI of the Treaty on European Union)

Initiative of the Kingdom of Sweden with a view to adopting a JHA Council Decision establishing
a system of special forensic profiling analysis of synthetic drugs

(2001/C 10/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Articles 30, 31 and 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of Sweden (1),

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

Whereas,

(1)

(2)

(3)

Conclusion No 43 of the European Council in Tampere
in October 1999, point 4.1.1.4 of the European Union
action plan on drugs (2000 to 2004) and point 7 of the
Commission’s scoreboard have been taken into account.

The production process in terms of recipes and pro-
duction techniques gives synthetic drugs certain com-
mon characteristics allowing synthetic drugs which are
seized at different occasions and places to be traced to
the same origin, that is to say to establish matches
between them.

Some national forensic laboratories in the European
Union have developed specialised techniques in the
analysing of synthetic drugs enabling the identification
of such common characteristics.

(4)

Such characteristics provide new information in addition
to traditional criminal intelligence or investigative data.
Their combination could establish or reinforce links

(1) OJ C ...
(2) OJ C ...

between ongoing or finalised criminal investigations and
thereby facilitate the identification of illicit centres or
networks involved in the production and distribution of
synthetic drugs.

The harmonisation of data provided by the specialised
technically possible in
techniques developed is not
the short term. Laboratories having developed such
techniques should be designated and tasked with the
specialised physical and chemical characterisation and
the impurity profiling of synthetic drugs.

The collation, combination and analysis of forensic and
criminal intelligence or investigative data in real time is
of crucial importance to achieve operative results, the
transmission of samples of seized synthetic drugs to
designated laboratories and criminal
intelligence or
investigative data to Europol must take place immedi-
ately after a seizure,

(5)

(6)

HAS DECIDED AS FOLLOWS:

Article 1

Analysis of samples

1.
A European system of laboratories shall be set up with
the aim of carrying out special forensic profiling analyses,
hereafter referred to as ‘special analyses’, on samples of seized
synthetic drugs for the purpose of the prevention, detection,
investigation and prosecution of criminal offences.

For the purposes of

‘synthetic drugs’
2.
means amphetamines, MDMA and other ecstasy analogues
(amphetamine type stimulants).

this Decision,

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Article 2

Designation of laboratories

3.
The samples shall be of a sufficient quantity to allow the
designated laboratories to carry out the tasks laid down in
Article 3.

1.
The laboratories that are to carry out special analyses on
samples of synthetic drugs are designated in the Annex hereto.

4.
The taking and subsequent transmission of samples shall
take place as soon as possible and can only be refused if taking
and/or transmission of samples would mean:

Each laboratory shall be competent for the relevant

2.
synthetic drugs listed in the Annex.

— harming essential national security interests, or

Article 3

Tasks of the laboratories

1.

(a)

The designated laboratories shall have two main tasks:

to perform a special analysis of synthetic drugs of the
samples transmitted to them on behalf of all Member
States;

(b)

to determine whether the samples analysed match with
other samples analysed by that laboratory.

2.
The designated laboratories shall apply the best possible
chemical processes for the special analysis and shall keep a
record of all samples analysed in order to allow checking to be
made as to whether a match exists between samples.

Article 4

Costs

The designated laboratories shall, for the work carried out on
the basis of this Decision, be funded by the Member State in
whose territory they are located.

Article 5

Obligation to take and to transmit samples

1. Member States shall take samples of synthetic drugs
seized at production sites and transmit these samples to the
designated laboratories for the purposes of special analysis.

2. Member States shall furthermore take samples of syn-
thetic drugs seized at locations other than production sites and
transmit these samples to the designated laboratories in cases
where a seizure is of a quantity larger than:

(a)

for tablets or doses, 500;

(b)

for liquid, 1 000 ml;

— jeopardising the success of a current investigation or the

safety of individuals,

— involving information pertaining to organisation or spec-
ific intelligence activities in the field of State security.

5.
The transmission of samples shall take place in accord-
ance with Council Decision 2001/.../JHA of ..., on the trans-
mission of samples of illegal narcotic substances (1). Neither
the sending nor the receiving Member State may refuse to fill
out the necessary sample transmission form referred to in
Article 4 of the aforementioned Decision in cases where a
sample is transmitted on the basis of this Article.

Article 6

Informing Member States of results

1.
The laboratory shall inform the sending Member State as
soon as possible of the results of the special analysis and of
possible matches with other samples.

2. Member States having transmitted samples to the labora-
tory previously shall be informed of possible matches as well
as of the origin of the matching sample.

Article 7

Europol

In accordance with Article 4(4) of the Europol Conven-
1.
tion and without prejudice to Article 4(5) thereof, criminal
intelligence or investigative data related to a seizure that is to
be transmitted in accordance with Article 5 of this Decision
for special analysis shall be transmitted to Europol at the same
time as the transmission of the sample itself to a designated
laboratory.

2.
In accordance with Article 4(4) of the Europol Conven-
tion and without prejudice to Article 4(5) thereof, Europol
shall be informed of all matching samples as soon as possible.
It shall receive information on the nature of the drugs as well
as the origin of the samples giving rise to the match.

(c)

for powder or other forms of bulk, 1 000 grams.

(1) OJ L ...

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3.
The information referred to in paragraph 2 shall be
transmitted to Europol through the national unit established
in accordance with Article 4 of the Europol Convention of the
Member State in whose territory the laboratory is located.

2.
For the purpose of the evaluation, the designated labora-
tories shall keep a record of all special analyses carried out for
a period of at least five years.

Article 8

Evaluation

Article 9

Entry into force

This Decision shall take effect on 1 September 2001.

Done at ...

This Decision shall be subject to evaluation within the

1.
Council of the European Union before ... (*).

For the Council

The President

ANNEX

Laboratory 1:

MDMA and other ecstasy analogues

Laboratory 2:

Amphetamines

(*) Five years after the date on which this Decision takes effect.