2001/419/JHA: Council Decision of 28 May 2001 on the transmission of samples of controlled substances

Council Decision
of 28 May 2001
on the transmission of samples of controlled substances
(2001/419/JHA)
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,
Having regard to the opinion of the European Parliament(1),
Whereas:
(1) The fight against the illicit production and trafficking of drugs is a matter of common concern for law enforcement and justice authorities in the Member States.
(2) The possibility of legally transmitting samples of seized controlled substances between the authorities of the Member States for the purposes of detection, investigation and prosecution of criminal offences or for the forensic analysis of samples would increase the effectiveness of the fight against the illicit production and trafficking of drugs.
(3) At present no legally binding rules exist regulating the transmission of seized controlled narcotic substance samples between the authorities of the Member States. A system should therefore be created at European Union level to allow for the legal transmission of such samples. Such system should apply to all forms of transmission of samples of seized controlled substances between Member States. Transmission should be based on agreement between the sending and the receiving Member State.
(4) Transmission should take place in a manner that is secure and guarantees that the transported samples cannot be abused,