EVALUATION OF THE EU DRUGS ACTION PLAN

Transcription

1 NOTE DIRECTORATE GENERAL POLICIES OF THE UNION Policy Department C Citizens Rights and Constitutional Affairs EVALUATION OF THE EU DRUGS ACTION PLAN BRIEFING NOTE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS AUGUST 2007 PE JANUARY 2004 EN

2 i

3 Directorate-General Internal Policies Policy Department C Citizens Rights and Constitutional Affairs EVALUATION OF THE EU DRUGS ACTION PLAN BRIEFING NOTE Abstract The briefing note provides a preliminary evaluation of the implementation of the EU Drugs Action Plan and of the effectiveness of the EU policies in the drugs sector. The briefing note contains a number of policy recommendations for future action at EU level in the drugs sector, while also taking into account data received from EUROPOL and the European Monitoring Centre for Drugs and Drug Addition. In December 2004, the European Council endorsed the second EU Drugs Strategy The Strategy takes a balanced and integrated approach to the drugs problem. The Council endorsed in June 2005 the EU Drugs Action Plan The European Commission will carry out an impact assessment in 2008 in view of proposing the second Drugs Action Plan for the period The EU Drugs Action Plan aims to provide a framework for a balanced approach to reducing both supply of and demand for drugs through approximately 80 specific actions. The Action Plan is divided into five different chapters: coordination, demand reduction, supply reduction, international cooperation and a chapter on information, research and evaluation. IP/C/LIBE/FWC/ /LOT7/C1/SC2 PE ii

4 This note was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE). This paper is published in the following languages: EN, FR. Authors: Willy Bruggeman and Katalin Szomor, Centre d'études sur les conflits, Paris Manuscript completed in August 2007 Copies can be obtained through: Mr Alessandro Davoli Tel: Fax: alessandro.davoli@europarl.europa.eu Informations on DG Ipol publications: Brussels, European Parliament The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. iii

5 TABLE OF CONTENTS 1. Introduction EU drugs strategy EU drugs action plan Progress review Evaluation of UN decade 3 2. Political framework 3 3. Coordination 5 4. Demand Reduction: steps forwards and gaps remaining General Improve effectiveness of demand reduction Improve school drug prevention Selective prevention Early detection and intervention Availability and accessibility to variety of treatment Improve quality of treatment Develop care in prison and alternatives Preventing health risks Availability and accessibility to harm reduction Preventing infectious diseases Reducing drug related death Supply and availability of illicit drugs, what works, what doesn t? General Building on strategy strategy action plan 13 Europol 14 Eurojust 15 Border control and Frontex Suggestions for the future, the way forward International cooperation Information, research and evaluation Conclusions 18

6

7 BRIEFING NOTE EVALUATION OF THE EU DRUGS ACTION PLAN FOR Prepared by: Prof. Willy Bruggeman, expert and Katalin Szomor, expert 8 August INTRODUCTION 1.1. EU Drugs Strategy ( ) Finding a realistic and effective response to the global and regional drugs problem remains a political priority for the European Union. After the 5-year strategies of the EU in the nineties, the European Council endorsed the EU Drugs Strategy ( ) on December 2004, setting the framework, objectives and priorities for two consecutive four-year Action Plans to be brought forward by the Commission. This Strategy is an integral part of the multi-annual The Hague Programme for strengthening freedom, security ad justice in the European Union. The new strategy builds on the outcomes of the final evaluation of the EU drugs strategy and the related Action Plan on drugs (COM 2004/707 final) and on Europol and EMCDDA contributions in this context. EU policy in the drugs field has been developed in the 1990's in the form of five-year strategies and is today firmly on the European agenda. The approach is comprehensive and multidisciplinary, focussing simultaneously on demand reduction, supply reduction, the fight against trafficking and international action. The Hague program is referring to the then to be adopted European Strategy on drugs Point 2.8. of the Strategy states: The European Council underlines the importance of addressing the drugs problem in a comprehensive, balanced and multidisciplinary approach between the policy of prevention, assistance and rehabilitation of drug dependence, the policy of combating illegal drug trafficking and precursors and money laundering, including the strengthening of international cooperation. The main aims of the Strategy: to achieve a high level of health protection, well-being and social cohesion by complementing the Member States action in preventing and reducing drug use, dependence and drug-related harms to health and society; with due regard for the EU s achievements and values in terms of fundamental rights and freedoms, to ensure a high level of security for general public by taking action against drugs production, cross-border trafficking in drugs and diversion of precursors and by intensifying preventive action against drug-related crime through effective cooperation embedded in a joint approach;

8 2 to strengthen the EU s coordination mechanism to ensure that action taken at national, regional and international levels is complementary and contributes to the effectiveness of drug policies within the EU and in its relations with other international partners. The latter calls for a more clearly idetifiable European position in international fora, such as the UN and its specialised agencies, reflecting the EU s dominant position as a donor in this area. The strategy concentrates on the two major dimensions of drugs policy, demand reduction and supply reduction. It also covers a number of cross-cutting themes: international coooperation, research, information and evaluation. Key priorities of drug supply reduction: to stop/limit trafficking and drug related crime with special emphasis on addressing new synthetic drugs and their chemical precursors, as well as combating money laundering. The strategy foresees a measurable improvement in the effectiveness, efficiency and knowledge base of law enforcement interventions and actions by the EU and its Member States targeting production, trafficking of drugs, the diversion of precursors, including the diversion of synthetic drug precursors imported into the EU, drug trafficking and the financing of terrorism, money laundering in relation to drug crime. Key priorities of drug demand reduction: improving significantly school drug prevention, prevention for selected target groups, effectiveness and accessibility of treatment, social reintegration and harm reduction services, early detection and intervention as well as care for drug addicts in prison and treatment as an alternative to the prison. Key priorities in cross-cutting themes: improving drugs coordination; validity, reliability and a European level comparability of drug related data from MS s should be further increased and research in the biomedical and other fields should be incited. International cooperation with third countries and with relevant international organizations should be strengthened, drug-related NGO s should be involved EU Drugs Action Plan ( ) The eight-year strategy ( ) forms the umbrella for two consecutive four-year EU Action Plans on drugs ( and ). The Council endorsed on 27 June 2005 the EU Drugs Action Plan ( ) for implementation of the Strategy. The Action Plan covers four political priority domains of the new strategy (demand reduction, supply reduction, international cooperation and research, information and evaluation), setting out more, than 80 actions and their associated timetables, actors and potential assessments tools or indicators. Nevertheless it was from the start clear that the implementation of several aspects of this strategy need to be improved, taking into account the result of several evaluations. The Drugs Action Plan states that the Commission must present annual reviews to the Council of the EU and to the European Parliament reporting on progress in implementing the plan and identifying gaps and new challenges.

9 Progress review ( ) The European Commission released on 2 December 2006 the first progress review on the implementation of the EU Drugs Action Plan ( ). Covering the 18-month period from the Action Plan s adoption on 27 June 2005 to December 2006, the report assesses to what extent activities foreseen for this period have been implemented and their objectives reached. The Commission drafted the progress review, which is a central instrument for the understanding and management of the Action Plan, with the help of 9 thematic papers on the progress in the fields of demand reduction, information, research and evaluation, prepared by the EMCDDA and the Europol review with data on supply reduction, as well as of other sources. In the reports conclusions, issues outlined, as requiring closer attention: A better coordination between public health and law-enforcement bodies at all levels, More realistic and feasible indicators for some actions, Involvement of civil society in the forthcoming review (Commissions Green Paper on the role of civil society in drugs policy in the EU), Member States participation in the reporting exercise should be improved A final evaluation of the Action Plan is planned for 2008, which will provide an overview of the plan s outputs as well as a snapshot on the state of the drugs situation, which it seeks to address. This will form the basis for the second Action plan under this strategy Evaluation of the UN decade of Countering the World Drug Problem Together ( ) In (2008) will take place the evaluation of the UN decade of Countering the World Drug Problem Together, accepted on the 8-10 June 1998 Special Session of the UN General Assembly (UNGASS) on the Drugs Problem. The Political Declaration, Guiding Principles of Drug Demand Reduction and Measures to Enhance International Cooperation to Counter the World Drug Problem documents set up the objectives and goals for the international community in the global fight against the drugs problem. This 2008 evaluation at the UNGASS requires a coordinated preparatory work for the contribution on behalf of the European Union, related to the progress made on a European level and overview of the effects of the EU support to third countries, especially in drug cultivation and most endangered areas. 2. POLITICAL FRAMEWORK The following decisions and instruments are the basis for this critical study: 1) Community action programme on the prevention of drug dependence ( ) 2) Europol Convention (OJC ), and the three recently ratified Protocols (Protocol of 28 November 2002, Protocol of 30 November 2002, Protocol of 27 November 2003);

10 4 3) Implementation plan on actions to be taken in regard to supply of synthetic drugs: 12452/02/02 Cordrogue 81Rev2 4) Programme of Community action in the field of public health ( ); 5) Eurojust, Council decision of 28 February 2002 (OJ 187/JHA, 06 March 2002), and Council decision 18 June 2003 (OJ L 245/44, 29 September 2003); 6) Implementation paper on demand and supply reduction to deliver the EU Drugs action plan (relating to heroin, cocaine and cannabis): 8926/2/3 Cordrogue 40 CATS 25 SAN 85 Rev 2 ( ) 7) Council Recommendation of 18 June 2003 on the prevention and reduction of healthrelated harm associated with drug dependence (2003/488/EC) 8) Progress in relation to the implementation plans and demand and supply reduction of drugs and the supply of synthetic drugs: 10481/04 Cordrogue 43 ( ) 9) The EU Drugs Strategy for the period (Council document 15074/04, endorsed by the Council of December 2004); 10) Fiche Oeil Rapport Catania, Non-legislative resolution, 2004; 11) Proposal for a European Parliament: Recommendation to the Council on the European strategy on fighting drugs ( ) (2004/2221 (INI)). Commission on Civil Liberties, Justice, and Home Affairs. Rapporteur: Guisto Catania. Report. EP Final A6-0067/2004); 12) The Council regulation (EC) No 273/2004 of 11 February 2004 on drug precursors; legislation proposed by the Commission to impose minimum penalties on cross-border traffickers, adopted by the Council in 2004; 13) Council regulation 2007/2004 on setting up Frontex; 14) The Council regulation (EC) No 273/2004 of 11 February 2004 on drug precursors 15) Legislation proposed by the Commission to impose minimum penalties on cross-border traffickers, adopted by the Council in ) The EU Drugs Action Plan (OJ C 168 of 8 July 2005, endorsed by the Council on 27 June 2005); 17) Council decision on Information exchange, risk assessment and control of new psychoactive substances (2005/387/JHA); 18) Council decision on Information exchange, risk assessment and control of new psychoactive substances (2005/387/JHA of 10 May 2005) 19) Drugs law enforcement- discussion paper for the meeting (HDG) of : 11967/05 Cordrogue 51 Enfopol 103 ( ) 20) Intelligence led drugs law enforcement - conclusion paper for the meeting (HDG) of (17672/05 Cordrogue 74 ( ) 21) The Hague Programme (section 2.8) and the Council and Commission Action Plan implementing the Hague Programme (section 1.4) and the Commission Report on the implementation of the Hague Programme for 2006 (Com 373);

11 5 22) Council conclusions on the 2006 Progress review on the implementation of the EU drugs Action Plan (Council documents: 17101/06, 12 and 13 June 2007); 23) Regulation (EC) No 1920/2006 of the European Parliament and the Council of 2 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast); 24) Comprehensive strategic planning for the police (COSPOL) - Consolidation in the framework of the ECIM, the OCTA, the Council Priorities and strategies in the fight against organised crime and terrorism, roles and responsibilities: 5859/3/06 Enfopol 20 Rev 3 ( ) 25) Financial framework : the Commission "Drugs prevention and information programme" providing for million funding for trans-national projects which aim to prevent and reduce drug use, dependence and drug related harms over the period (in complement with the Commission AGIS program); 26) Green Paper on the role of civil society in drugs policy in the European Union (COM(2006) 316 final) Brussels, 18 April (Report on the results of open consultation); 3. COORDINATION (Action Plan objectives 1-6) Effective coordination is needed at the Community and national levels. The Action Plan appoints the Horizontal Drugs Group as the leading forum in the Council for coordination on drugs and recommends the systematic mainstreaming of drugs policy into relations and agreements with relevant countries. Appointing a drugs coordinator within MS s and the Commission, more involvement of the civil society, and adoption of a national program conforming the EU strategy and action plan is required. As national drug coordination mechanisms are key factors of effectiveness in prevention and combating of drug abuse, at the 2008 evaluation of Action Plan the following issues are worth for in-depth analysis, especially at the national coordination in the new EU MS s. - whether each responsible ministries and national agencies have at least one sectorcoordinator in the drugs field with appropriate overview and understanding of the drugs problem; - whether national drug commissions include national representatives of ministries/agencies both in the field of demand reduction and of supply reduction, licensing and control of narcotics for medical purposes and prevention of diversion of precursors, national focal points, plus the representatives of academic research in biomedical and other fields, as well as the representatives of civil sector, acting in the drugs prevention field; - operational ability and flow of information, availability of valid, reliable and up-to-date data, size of governmental funding.

12 6 4. DEMAND REDUCTION: STEPS FORWARD AND GAPS REMAINING (Action plan objectives 7-17) 4.1 General Definition: Drug Demand Reduction is defined, as a policy for reducing the demand for drugs, including information and primary prevention, early intervention, treatment, rehabilitation, aftercare and social reintegration, as well as treatment, as an alternative to penalization and the harm reduction. Harm reduction is to reduce the harms of the drug using lifestyle (e.g. drug related crime) for the society (local community, family) and for the addict individuals (prevention of drug related infectious diseases [especially HIV/AIDS, hepatitis C and tuberculosis], decreasing the rate of drug related death cases, etc.). Demand reduction measures are substantial elements of the EU drugs strategy. Basic condition of a successful drug policy is to keep balance between demand reduction and supply reduction measures. Obligations of governments - to provide for their citizens drugs prevention, treatment, rehabilitation and social-reintegration measures are laid down in the 1961 Single Convention on Narcotic Drugs, ratified by EU member states and also by the EU. Each government has its own responsibility to implement demand reduction activities, to maintain relevant (health and social care) institutions and programs and to provide funds for projects performed by educational institutions, local communities, NGO s, research institutions, low-threshold services, etc. Demand reduction is a multi-disciplinary task, although, besides social work and preventive education the evidence-based bio-medical approach should be placed in the forefront again. Partnership between police and health care authorities must be improved. Recommendations, guidelines, standards for performing prevention, treatment, harm reduction, drug epidemiology, etc. have been elaborated in the framework of relevant international organizations and meetings: as the Council of Europe Pompidou Group, the UN Commission on Narcotic Drugs, World Health Organization, UNAIDS, International Labor Organization (ILO), or by the European Monitoring Center for Drugs and Drug Addiction (EMCDDA) and the Reitox Focal Points network, or by professional networks and bodies (e.g. the European Network of Forensic Science Institutes, ENFSI, or WHO Expert Committee on Drug Dependence), or by NGO networks (as e.g. the Central Eastern European Harm Reduction Network, CEEHRN). During the Action Plan period the co-operation among these institutions and networks is getting stronger. National level professional bodies (as associations of psychiatrists, psychologists, laboratory experts, epidemiologists, educators, etc.) play a traditional role also in setting up relevant national professional guidelines Improve coverage of, access to and effectiveness of drug demand reduction measures EMCDDA has to evaluate drug demand reduction programs and ensure effective dissemination of evaluated best practices by Outcomes are made accessible on EMCDDA website in However the rate of projects covered by the EDDRA (Exchange on Drug Demand Reduction Action) seems low, comparing the number of operational projects in MSs. Suggestions: - Rate of projects evaluated should be significantly increased, also by national efforts, especially in new EU MS s.

13 7 - Studying drug use and risk perception on drugs in the general population and school studies by EMCDDA could be amended with other, independent studies. - It is a question, whether over-emphasizing the life prevalence data (who ever used any drugs at least once in the life) reflects the problem appropriately. - Eurobarometer surveys are also useful tools of rapid assessment, although on a limited size of sample Improve access to and effectiveness of school-based prevention programs, in accordance with national legislation Both actions under this objective has a deadline in 2007: i) Ensure that comprehensive, effective and evaluated prevention programs on both licit and illicit psychoactive substances, as well as on poly-drug use are included in school curricula or are implemented as widely, as possible; ii) Support implementation of development of joint prevention programs of public services, school communities and relevant NGOs. School drug prevention (substance abuse prevention) is a matter of priority in the European and in national drugs strategies, although its effectiveness depends on several factors. Health education/promotion projects are valuable tools in forming healthy life-style; however most of them do not apply appropriate methods for prevention of addiction. Effectiveness of a school drug prevention project means that significantly fewer children will start using drugs, smoking tobacco and binge drinking! There are geographical differences in the availability and accessibility of school drugs prevention programs (there are MS s, where coverage of drugs prevention did not reach more than 5-10% of all pupils). There is also a huge variety of school drugs prevention projects (regular ones, casual ones, performed by teachers, peers, nurses, NGOs, church, etc., and are based on different preventive approaches and methodologies). Few drug prevention projects were subject of an independent scientific evaluation and it seems that few meet the Council of Europe Pompidou Group Prevention workgroup quality requirements on efficiency of drugs prevention programs, defined in the late nineties. Suggestions: - An independent study should be performed, especially in new MS s, examining the availability, choice, type, funding and daily realities (problems and outcomes) of the school drug prevention field. - To examine whether the performance indicator: percentage of the pupils reached with such programs served with reliable data - Efficiency of the EDDRA system existing for long years could be also examined Set up, develop and improve selective prevention and new ways of reaching target groups, e.g. by using different media and new information technologies This goal should be fulfilled by 2008 and involves selected target groups. To reach and work with socially excluded, at risk population, former inhabitants of reformatory and child protection institutes, petty crime offenders, etc. is a typical field of activities for NGO s, who made tremendous efforts up to now, but their activities and results remain frequently hidden for Reitox Focal Points.

14 8 The EU Public Health Program for granted a project in 2006 on the Implementation of EUDAP Project (European Drug Addiction Prevention trial) at a population level, implemented by an Italian institution 1. Suggestion: - Better cooperation with the CoE Pompidou Group, UNODC, ILO, WHO and with international professional networks is needed for exploring methods and information, available on the selective prevention. - Independent projects for mapping up NGO initiatives and results in this field can usefully amend the information gathered by Focal Points, especially in the new MS s 4.5. Improve methods for early detection of risk factors and early intervention Ongoing activities are running in the fields of: i) Detection of risk factors at experimental drug users; ii) Training for relevant professionals dealing with young people; iii) Implementation of early intervention programs for experimental users of psychoactive substances; Outcomes will be published later. In regions, where experimenting drug use among juveniles is getting high, to extend early intervention programs and making them more efficient is of high importance in reducing acute drug problems in family, school and local communities. Suggestions: - At the 2008 evaluation of Action Plan special attention should be spent to the rate of involvement in these activities (reliable and full scale statistical data), as well as to the size of funds spent for. - Independent project for mapping up NGO initiatives and results in this field can usefully amend the information gathered by Focal Points and EMCDDA Ensure availability of and access to targeted and diversified treatment and rehabilitation programs Setting up new modalities needs significant financial, professional and organizational investments. Ongoing activities are indicated in the fields of: i) Evidence based treatment options; ii) Establish strategies and guidelines for increasing availability and accessibility of treatment services for drug users, not reached by existing services; iii) Improve access to and coverage of rehabilitation and social reintegration programs for young people; iv) Promote dissemination of information on these services The EU Public Health Program for granted a project in 2005 on Improvement of access to treatment for people with alcohol-ad drug related problems, implemented by a Slovakian treatment center 2. Suggestion: - At the 2008 evaluation of Action Plan to perform a comparative study ( ), monitoring the increase of capacity in institutions for treatment, rehabilitation and social reintegration institutions, especially in new MS s. 1 by the Osservatorio Epidemiologico delle Dipendenze, 2 Centrum Pre Licebu Drogovych Zavislosti

15 9 - Coverage of risk-groups and families with appropriate information on the care services they can turn to should be also analyzed, with special attention to new MS s Improve the quality of treatment services Support the development of know-how on drug treatment, while continuing to develop and support the exchange of best practices in this field is going to be realized in Outcomes on the actual developments are not yet accessible in the EMCDDA Annual Report 2006, as it reflects an earlier stage of Experiences and publications indicate that substance abuse treatment practices are various, performed by different type of staff (incl. psychiatrists, pastors, former drug addicts, social workers), methodological guidelines are missing in many of the new MS s, treatment outcome evaluation, quality assurance of treatment is either not, or rarely available. Client-matching treatment approach is underdeveloped, availability and accessibility of services is unequal by geographical regions. The newly emerging treatment demand for early intervention and treatment methods for cannabis addiction is on the rise, although methods are yet under a pilot trial. Suggestion: - The 2008 evaluation should to set up a biomedical evaluation team on assessing European treatment practices, gaps and institutional capacities. This survey could serve as a solid basis for further developments during Action Plan-II. - Biomedical treatment approach, as well as cognitive-behavioral therapies (therapeutic communities with evidence based methods) should be placed into the forefront, also during the second Action Plan. 4.8, Further develop alternatives to imprisonment for drug abusers and drug services for people in prisons, with due regard to national legislation Ongoing activities are indicated in the fields of: i) Using and further developing alternatives to the prison ii) Develop prevention, treatment and harm reduction services for people in prison, reintegration services and monitor drug use among prisoners. A Commission recommendation is expected in Outcomes on developments are not yet accessible in the EMCDDA Annual Report 2006, as it reflects an earlier stage (2004-5). Suggestion: - This is a field worth for special attention at evaluation in 2008, and requires better attitude and also national investments and EU project funding, especially for new EU MS s Prevention of health risks related to drug use Implementation of the Council Recommendation of 8 June 2003 on the Prevention and reduction of health related harm associated with drug dependence is an ongoing activity. Commission report on it was published in the spring of Relevant WHO recommendations and guidelines are also available. International data indicate that the spread of human immunodeficiency virus (HIV) is nowadays mainly due to young heterosexual drug users, via irresponsible sexual behavior (no condom use) under the effect of drugs, or via injecting. Hepatitis C is a relatively new viral infection, but

16 10 without laboratory test the infection is hardly remarkable. The spread of hepatitis C is causing a serious public health concern, as due to this, both the rates of infection and liver cirrhosis deathcases multiplied in a very short time in Europe. Biomedical experts worry that performing regular testing, screening and information campaigns for HIV/AIDS and hepatitis C among the risky behavior and the risk groups is neglected. Some of the new MS s Focal Points underestimate the problem because of false data, in lack of screening among drug addicts. A good example is Italy, where testing of those in connection with services is performed regularly. Availability of well-trained health care operators is a requirement of the Action plan, however reliable statistics are not available and experiences indicate that very few such operators are in action throughout Europe. Suggestions: - At the 2008 evaluation an independent study is also required, to assess, especially in new MS s, the status quo of laboratory testing and of screening campaigns for HIV/AIDS and hepatitis C, as well as tuberculosis X-ray check among injecting drug users. - Situation regarding information and counseling on HIV and hepatitis prevention education and training of staff and availability and quality of training materials should be also assessed. - The new approach of biomedical prevention, the Voluntary Counseling and Testing (VCT) should be enhanced and sufficient national and international funding should be allocated for this purpose. - Good practices should be disseminated Availability and access to harm reduction services Ongoing activity is to improve access for addicts to all relevant services and treatment options designed to reduce harm in due regard with national legislation. Information on the availability and accessibility of such services should be distributed in MS s, similarly to the information on treatment services (See under objective 11.). EMCDDA Annual Reports and MS s national reports include data and information on such services. Detailed analyses of these services is prepared by EMCDDA Prevention of the spread of HIV/AIDS, hepatitis C, other blood born infections and diseases Ongoing objective is to implement comprehensive and coordinated national/regional programs on HIV/AIDS, hepatitis C and other blood-born diseases, which programs should be integrated into general health care and social services. In 2007 agreement was set up for data collection between EMCDDA and ECDC. However activities of ECDC in the field of AIDS prevention and coordination are not intensive enough. AIDS strategies in some new EU MS s are not implemented appropriately. Experiences indicate weaknesses in cooperation between European and national AIDS and drugs strategies, committees, institutions and experts as well. The Think-tank meetings on AIDS in Luxembourg contribute to better cooperation in order to find more efficient solutions for prevention and treatment of AIDS.

17 11 Suggestions: - Mapping up appropriate strategies for disseminating biomedical information on hepatitis C, HIV and special tuberculosis infection, rate of testing among drug addicts (and other risk groups among young people), funding and placement in case of HIV or hepatitis treatment needs should be performed in each MS s, - Availability and accessibility of advising and counseling by trained health educators and volunteers for HIV positive clients should be mapped up. - Efforts should be intensified in setting up and implementing biomedical approach of HIV/AIDS and hepatitis C prevention and Voluntary Counseling and Testing (VCT) in each MS s. - Cooperation among relevant international organizations (WHO, UNAIDS) and EU offices workgroups and national AIDS commissions, experts and NGO s and networks should be further improved Reduction of drug related deaths It is also an ongoing activity, a specific target to be included at all levels of intervention, such as promoting outreach work, and well-trained health-care operators. It is an important goal to reduce the fatal outcome of drug addiction (estimated around 8000 cases in Europe, each year). However it is difficult to get a clear picture on this problem, as the Drug Related Death (DRD) indicator of the EMCDDA does not cover all death cases occurred in the MS s, due to non-availability of funds for toxicological examination of the cadaver suspected to have died in overdose or other drug related causes, or lack of interest of forensic medicine institutions. At the other hand the EMCDDA up to now haven t collected the (available) data on the death cases caused by psychoactive medicines, which, in those countries where this data was registered for a long time, significantly exceeded the illicit drugs related death cases. Suggestions: - For better coverage of forensic toxicological examination of causes and the number of drug related death cases ensuring European funds seems necessary, especially for the forensic toxicological institutions of new EU MS s. - To extend the data collection of EMCDDA onto psychoactive medicine abuse. 5. SUPPLY AND AVAILABILITY OF ILLICIT DRUGS: WHAT WORKS, WHAT DOESN T? (Action plan objectives 18-27) 5.1 General Production and trafficking of drugs remain the primary activities of criminal groups in the European Union 3. Reducing the supply and availability of illicit drugs is an essential component of the fight against drug abuse. The purpose is to limit the cultivation, production, trafficking and distribution of drugs Building on the EU strategy 3 Europol Annual Report 2006

18 12 It was clear that the targets were not achieved, these targets being unrealistic or too ambitious and the current anti-drugs strategy still leaves criminal and terrorist mafias and organisations quite unperturbed. Their annual turnover is increasing as they reap the profits of the drugs production and trade. Drugs are becoming cheaper, purer (particularly cocaine), stronger (cannabis) and more easily available. The industry that is behind producing and moving illicit drugs around the world also in Europe (home grown cannabis, synthetic drugs) was and still is in good health. According to Europol, although the number of production facilities of synthetic drugs is relatively stable, the advances in methodology, increased sophistication of manufacturing equipment and increasing involvement of specialists is resulting in an ever-increasing production efficiency and capacity. Most of the Member States had registered an increase of drug related crimes and the Europol threat assessment predicts no fundamental change. In addition, Europol states in 2006 that with a variety of European Union drug production and entry points, there is a large-scale intra-european Union trafficking of all types of drugs. In maximising their profits, many organised crime groups no longer limit their activities to one type of drug. This is reflected in the increasing number of poly-drug seizures and the rise in poly-drug consumption. A relatively recent phenomenon in the European Union is the exportation, trans-shipment and diversion of ephedrine and pseudoephedrine, which are the principal precursors, used globally for methamphetamine production. 5.3 The Strategy The following priorities have been fixed: - Strengthening EU law enforcement cooperation on both strategic level and crime prevention, in order to enhance operational activities in the field of drugs and the diversion of precursors on issues of production (intra-eu), cross-border trafficking of drugs, criminal networks engaged in the activities and related serious crime; - Intensifying effective law enforcement cooperation between Member States using existing instruments and frameworks; - Prevention and punishment of the illicit import and export of narcotic drugs and psychotropic substances, including towards the territories of other Member States; - Enhancing law enforcement, criminal investigation and forensic science cooperation between EU Member States within an EU framework, that have common interests and/or face the same drug-related problems; - Intensifying law enforcement efforts directed to non-eu countries, especially producer countries and regions along trafficking routes; - A measurable improvement in effective and more visible coordination among Member States and between them and the Commission in promoting and furthering a balanced approach to the drugs problem and preventing diversion of precursors in cooperation with international organisations, in international fora and with third countries. This is with the aim to reduce the production and drugs supply to Europe and to assist third countries in priority areas in reducing the demand for drugs as an integral part of political and development cooperation; - Coordinated, effective and more visible action by the Union in international organisations and fora enhancing and promoting a balanced approach to the drug problem (Pompidou Group/Council of Europe, UNODC, the WHO and UNAIDS and at the Union's relation with third countries, the Dublin Group);

19 13 - Assisting third countries, including European Neighbourhood Countries, and key drug producing and transit countries to be more effective in both drugs demand and drugs supply reduction, both through a closer cooperation among EU-Member States, and by mainstreaming drugs issues into the general common foreign and security policy dialogue and development cooperation; - Annual progress reviews by the European Commission on the state of implementation of activities set out in the Action Plans, not only reporting on progress but also dealing with identified gaps and possible new challenges. 5.4 The Action Plan The following conclusions can be made: - The Action Plan remains a dynamic, but over-ambitious policy instrument; - The current methodology of continuous monitoring with an annual progress review leading to a final impact assessment in 2008 remains an effective way of keeping track of what is being done at all levels within the EU and the relevance of the Action Plan itself in terms of results. - Especially the establishment of a Steering Group by the Commission with the task to provide guidance regarding the evaluation exercise is to be welcomed; - There is increasing evidence of a consensus emerging at European level on the key elements for an effective response to combating the drugs problem, although in the meantime drugs production flourishes as ever before; - There is no need to legalize drugs; - There is a fundamental lack of empirical studies and scientific research; - The national policies of the Member States still vary and too often the implementation of related Strategies and Action Plans is lacking at national level, comparable, reliable data on implementation of such strategies are still missing, evaluation of national strategies is still rare and mostly not comparable; - Especially new Member States need more time, however they should also give priority to their full involvement into the Action Plans. There is a need for greater uniformity and comparability of data, as provided by Member States; - The Member States (and especially their law enforcement agencies) and the Commission, the EMCDDA and Europol must continue to reinforce optimal use of existing channels for the more systematic, complete, high quality data collection; - The establishment of a consolidated list of indicators and assessment tools for the evaluation of the EU Drug Strategy and Action Plans has lead to disappointing results, although the Commission had presented in 2006 a communication on this subject; - For too many actions it is proving difficult to measure progress at national level due to several factors, such as the limited availability of data, especially in the field of supply reduction and the fact that there is insufficient uniformity and comparability of data as provided by Member States; - Forecasting the future developments in illicit drug trafficking is a very difficult task. Therefore strategic intelligence plays a critical role in identifying and outlining the significance and likely consequences of current trends and events, such as the impact of domestic and hydroponics cannabis, impact of synthetics and the distribution of production equipment, increases in levels of and spread of cultivation and production, (new) trafficking routes and trans-national criminal groups;

20 14 - Questionnaires sent out to Member States in the course of the evaluations process have to be simplified; - Within and between Member States and the EU, as well as within and between the EU Institutions more effective coordination is required. It has to be noted that on the initiative of Eurojust and Europol two meetings have been organised in 2007 bringing together Europol, Eurojust, Frontex, Cepol, the Commission and the General Third Pillar Secretariat; - There is a need for continuation of the biannual meetings of National Drug Coordinators focussing on the implementation of the Action Plan; - Coordination with other Council groups (such as External Affairs, Health, Customs, Police cooperation) should be addressed at each meeting of the HDG and the required coordination has to upgraded constantly; - The experiences made in setting up and cooperating with Joint Investigation Teams have revealed judicial, administrative and practical problems, leading to considerable delays and the hindrance in the proper flow of information; - Consultation of civil society on drug-related issues, following the Commission's Green Paper on the subject, is likely to add value to the monitoring exercise and make it more transparent. Europol Europol gained its mandate in 1999 and in the aftermath of 9/11, though already provide for within the Convention, Europol's competence was extended to all forms of organised crime. Its remit has been further extended this year via three Protocols, which, inter-alias, allow Europol to formally participate in Joint Investigation Teams (JIT) and to request Member States to commence investigation. As reflected in the Europol's five year Business Plan , the Europol Working Program 2008 is establishing the strategic objectives of the organization. The entry into force of a Council decision, replacing the Europol Convention is foreseen The Europol strategy will have to be reviewed once the Drugs Action Plan is established. Europol provides a central EU infrastructure for the exchange of information, coordinates intelligence analysis, specialist knowledge and expertise, strategic intelligence (the European crime threat assessment: OCTA), technical support and training. The exchange of information and intelligence remains the primary activity of Europol. The OCTA is given a pivotal role in facilitating JHA Council prioritization. With a view to a coordinated EU approach, this influences EU Working Groups and Actions Plans, plus operational activities of Europol and associated COSPOL projects, the latter initiated by the European Police Chiefs Task Force (PCTF). The backbone of Europol's functioning is the Europol information system (IS). After many years of preparation, a new release of the IS was deployed that included an upgrade of the software, improved usability and a new module covering drugs crime. In 2006 the German and Dutch data loaders began operation and Spain and Denmark started development and testing of their data loaders. Only four other countries plan to implement data loaders in It is important for Europol to receive now the fullest information from all Member States and those Member States not fulfilling their engagement should be openly named and shamed. A new functionality on the Europol Intranet Portal was developed and a Europol solution for accessing the Schengen Information System was developed. The Europol Asset Seizure Centre

21 15 was established in September 2004 and the project has supported many investigations. Europol has to maintain and further develop information mechanisms on drugs related crimes, such as the Early Warning System on psychoactive substances and the Europol illicit laboratory comparison system. In 2006 Europol has supported two drugs related joint investigation teams, for joint customs operations and three COSPOL projects. Within the framework of its Money Laundering Action Plan, Europol launched the so-called Criminal Assets Bureau. As usual, it is difficult to evaluate the Europol added value, due to lack of information from Member States. Following-up Europol's annual report Europol projects, including expert and analytical support, in the area of synthetic drugs have been recognised as pivotal in the EU police cooperation. Europol is active in supporting the overall policies on the practical implementation of preventive measures to fight drugs trafficking and abuse in the context of related EU Action Plans and the work of the European Monitoring Centre. The cooperation with Eurojust is a key factor of success and has to be further encouraged. The agreement between the two organisations is too formal and will be extended by an additional protocol. Europol has to ensure that products and services are always complementary to the activities of the relevant stakeholders and partners such as Eurojust, Frontex, Sitcen, OLAF, etc. Also, the cooperation with Interpol is subject of improvement. Eurojust Most of the cases dealt with by Eurojust are drug related (135 in 2005). The role and impact of Eurojust is growing. Border Control and Frontex Custom services and OLAF play a key role in the fight against drugs trafficking through the external borders of the EU. The Maritime analysis and operations centre on narcotics (MAOC-N), based in Lisbon and comprising law enforcement and naval authorities' from seven EU Member States is a model for future best practices. Although responsibility for the control and surveillance of external border control lies with the Member States, Frontex facilitates the application of existing and future community measures of the borders (land and sea borders, airports and seaports) and is a key player for integrated border management. It should be remarked that some countries are actively controlling internal borders with a special focus on drugs (tourism). The 2006 Frontex Annual Report is mentioning 15 joint operations, but none of them are drugs related and Frontex and the Member States should be invited to also focus on drug related matters in close cooperation with OLAF and Europol. To follow up the quantity and value of drugs and precursors seized at the external border and to incite the Commission, Frontex, Europol and the Member States is needed, to upgrade the strength, quality and the effectiveness of border controls. Initiatives, such as the creation of a Maritime analysis and operations centre on narcotics should be promoted, by making full use of existing organisations, structures and procedures

22 Suggestions for the future: the way forward No complete or fundamental redefinition of the European drug policy seems necessary, although the EU's anti-drugs strategy is still too much based on ideology and not enough on solid data and scientific assessments. In order to improve implementation of the set strategies and especially in preparing the Action Plan , it is important to urgently and the latest by the end 2008: - Set more realistic and clear, precise, quantifiable goals and priorities to be translated into better operational measures and indicators and to slow down and stabilize the planning cycle; - Build more on scientific knowledge, and to not too much focus on "emotional response"; - Continue to identify and evaluate best practices and to promote quality evidence-based practice in drug law enforcement. To simplify questionnaires sent out to Member States by the Commission by clustering the requests for certain data as much as possible and to strive for greater uniformity and comparability of data as provided by Member States in order to facilitate the evaluations process; - Strive for actions offering clearer added value, cost-effective and realistic and measurable results and to invite the Member States to continue to prioritise drugs related crime and focus especially on related violence crime; - Improve the monitoring processes and especially the readiness or ability of the Member States to provide data for the monitoring of the actions concerned and to further stress the importance of continuous and overall evaluation, to deepen the evaluations and to request periodical information of the European Parliament; - Incite all EU organisations and agencies to respect and to include in their working programmes all relevant aspects of the EU Drug Strategy ; - Strive for more effective coordination between the public health and law enforcement communities and for more coordination between relevant Council working groups on drugs; - Stimulate the PCTF in further developing the COSPOL (and especially drug related) projects and stimulating the creation and use of JIT's; - Adjust or rationalise indicators in order to arrive at more targeted assessments, particularly related to the supply reduction. The Commission has been invited, in coordination with Europol and EMCDDA and assisted by the steering group to examine ways of doing so and the Council has to be urged to take decisions to be implemented from 2009 onwards; - Continue inviting Europol and EMCDDA to ensure optimal use of existing channels for the collection of information (social, law enforcement and forensic) required for the monitoring exercise of the Action Plan. Special attention should be given to intelligenceled policing on the basis of high quality analyses and threat and risk assessments; - To give a more prominent monitoring and coordinating role to the PCTF; - To carry out a scientific study into the costs and benefits of current policies for the control of narcotic substances: value for money; - To build on the coming mid-term examination of the Drug Strategy and the text of the European Parliament (Catania initiative); - To continue to strengthen the effectiveness and efficiency of Europol, at the one hand by transforming the Europol Convention by a Council decision, and at the other hand by