Prepratory study for an impact assessment on a new legislative instrument replacing the Council Framework Decision 2004/757/JHA on illicit drug trafficking

The Council Framework Decision (2004/757/JHA) on illicit drug trafficking was adopted in 2004. A Commission report published in 2009^[1] reported on the transposition of the Framework Decision and concluded that it had been inadequately implemented. This study sought to further examine the functioning of the Framework Decision to inform the Commission’s decision-making and development of options for potentially replacing this earlier Framework Decision.  It will provide the necessary evidence to support the Commission to submit any new instruments to the rigorous impact assessment process.

Specifically, the study has involved the following elements:

(1) An assessment of the current drug trafficking situation in the EU in quantitative and qualitative terms;

(2) An evaluation of the functioning of the Framework Decision across Member States and at the EU level; 

(3) Consultation with stakeholders across Member States and at the EU level; 

(4) Development of a baseline scenario building on the above assessment of the current drug trafficking situation and the evaluation of the functioning of the Framework Decision; 

(5) Building on the above and in close liaison with DG JUST, development of the required analysis of the justification for EU action having due regard to subsidiarity and proportionality; 

(6) Assessment of the likely impacts of the policy options in terms of achieving the identified policy objectives; financial impacts; economic, social and environmental impacts –including impacts on fundamental rights; acceptability to stakeholders; and, likely impacts on national legal systems; 

(7) A comparison and ranking of policy options based on multi-criteria analysis as applicable, taking as a reference the baseline scenario;

 (8) A proposal for relevant monitoring and evaluation arrangements for the preferred policy option.

^[1] Report from the Commission on the implementation of Framework Decision 2004/757/JHA laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (SEC(2009)1661).