Directive (EU) 2017/2103 of the European Parliament and of the Council of 15 November 2017 amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of ‘drug’ and repealing Council Decision 2005/387

Council Framework Decision 2004/757/JHA of 25 October 2004 provides a common approach to the fight against illicit drug trafficking. It sets out minimum common rules on the definition of drug trafficking offences and sanctions to avoid that problems arise in cooperation between the judicial authorities and law enforcement agencies of Member States, owing to the fact that the offence or offences in question are not punishable under the laws of both the requesting and the requested State. However, while these provisions apply to substances covered by the UN Conventions and to synthetic drugs submitted to control under Joint Action 97/396/JHA of 16 June 1997, they do not apply to new psychoactive substances.

In order to streamline and clarify the legal framework applicable to drugs, the most harmful new psychoactive substances should be covered by the same criminal law provisions as substances controlled under the UN Conventions. Extending the scope of application of Framework Decision 2004/757/JHA to new psychoactive substances is the aim of the Directive.

The Directive establishes the essential elements of the definition of ‘drug’, as well as the procedure and the criteria for the inclusion of new psychoactive substances in that definition. Furthermore, in order to include in the definition of ‘drug’ psychoactive substances which are already subject to control measures by Council decisions adopted in accordance with Joint Action 97/396/JHA and Decision 2005/387/JHA, an Annex containing a list of those psychoactive substances is added to Framework Decision 2004/757/JHA.