Note 1. Note 2. Note 3. Note 4. Drugs policy in the Netherlands: Note 1

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1 Drugs policy in the Netherlands: Note 1 Note 1 A number of studies have been conducted in preparation for the present policy document, for which the results formed part of the basis. Compilations of the material in question will be published separately by the Stichting Toekomstscenario's Gezondheidszorg (Organisation for Future Scenarios in Health Care) and the Science Policy and Development Department of the Ministry of Justice and by the research institutes concerned. Drugs policy in the Netherlands: Note 2 Note 2 According to a United Nations report 5 million people die each year from the use of alcohol and tobacco, whereas the most pessimistic estimate of the total number of drug deaths throughout the world is 200,000 (UN, ECOSOC, 1995). Drugs policy in the Netherlands: Note 3 Note 3 Werkgroep Verdovende Middelen (Working Party on Narcotics) (Baan Committee), Drugs policy in the Netherlands: Note 4 Note 4 Lower House of the States General; session, , p. 4. Drugs policy in the Netherlands: Note 5 1 / 22

2 Note 5 The use of drugs in itself is not a criminal offence in Germany, Denmark, Spain, Greece, Portugal or the United Kingdom either. Drugs policy in the Netherlands: Note 6 Note 6 Parker et al., 1995; Sociaal en Cultureel Planbureau (Social and Cultural Planning Office), Drugs policy in the Netherlands: Note 7 Note 7 Rackenheimer et al., 1995; ISDD, 1994; Reuband, 1995; Ministerio de Justicia e Interior, Drugs policy in the Netherlands: Note 8 Note 8 Reuter et al., 1993; Kuipers et al., 1993; Junger-Tas et al. (eds.), 1994; Reuband, 1994; NIAD, Note 9 Cohen, Drugs policy in the Netherlands: Note 10 Note 10 2 / 22

3 Based on recent research by Bieleman et al. (1995a) and reactions to it by experts from the research field. Drugs policy in the Netherlands: Note 11 Note 11 Kuipers et al., Drugs policy in the Netherlands: Note 12 Note 12 Some experts assume that crack is popular primarily among addicts who are not in a position to prepare their cocaine indoors in the appropriate manner. Repressive measures could thus encourage the emergence of a crack market (Organisation for Future Scenarios in Health Care (STG), 1995). Drugs policy in the Netherlands: Note 13 Note 13 UN, ECOSOC, This picture is confirmed by independent sources based on local estimates (Bless et al., 1993). Cf. also Van Brussel et al., 1995; Cobelens et al., Drugs policy in the Netherlands: Note 14 Note 14 3 / 22

4 UN, ECOSOC, 1995; Spruit (ed.), Drugs policy in the Netherlands: Note 15 Note 15 Van Ameijden, Drugs policy in the Netherlands: Note 16 Note 16 Bieleman et al., 1995a; Driessen, Drugs policy in the Netherlands: Note 17 Note 17 Bieleman et al., 1995b; Leuw, Drugs policy in the Netherlands: Note 18 Note 18 Hug and Winizki, Drugs policy in the Netherlands: Note 19 Note 19 4 / 22

5 Driessen and Jansen, 1993; Van der Toorn, 1993; Stichting Maatschappij en Politie (Society and the Police), Drugs policy in the Netherlands: Note 20 Note 20 "Rapport de la Commission de Reflexion sur la Drogue et la Toxicomanie" (Report of the Commission considering drugs and drug addiction) (Henrion), 1994; Report of the National Task Force on Cannabis, Australia, Drugs policy in the Netherlands: Note 21 Note 21 National Criminal Intelligence Service (CRI), Drugs policy in the Netherlands: Note 22 Note 22 The Final Act of the Convention of 19 June 1990 implementing the 1985 Schengen Agreement contains the following statement:"insofar as a Contracting Party derogates from the principle referred to in Article 71(2) in connection with its national policy on the prevention and treatment of addiction to narcotic drugs and psychotropic substances, all Contracting Parties shall adopt the requisite administrative measures and penal sanctions to prevent and penalise the illicit import action and export action of such products and substances, particularly towards the territory of the other Contracting Parties". Drugs policy in the Netherlands: Note 23 Note 23 5 / 22

6 "Drugsbeheersing door Legalisatie" (Drug control through legalisation), report submitted by a working party chaired by R. Dufour (September 1994). Drugs policy in the Netherlands: Note 24 Note 24 A survey conducted between 25 and 29 August 1994 among an aselect sample of members of the public revealed that 50% of the population is in favour of continuing the policy of tolerating soft drugs or of their legalisation. 45% is against this and would rather see tougher action on trafficking in soft drugs. Telepanel market research organisation, Amsterdam, figures provided to the Ministry of Justice. Drugs policy in the Netherlands: Note 25 Note 25 The international agreements of relevance in this context do not affect the applicability of the expediency principle - the principle that the authorities are not obliged to prosecute an offender but are required to weigh the importance of a repressive response against considerations of the general interest and special individual circumstances which militate against such a response. In so far as the 1988 UN Convention could interfere with the principle, the Netherlands has retained the freedom to pursue its own policy which depends upon the principle by entering a reservation (which was not contested) (Schutte, 1995). Drugs policy in the Netherlands: Note 26 Note 26 IVV, Stichting Informatie Voorziening Verslavingszorg (organisation providing information on the care of addicts), / 22

7 Drugs policy in the Netherlands: Note 27 Note 27 Driessen, Drugs policy in the Netherlands: Note 28 Note 28 Kuipers et al., Drugs policy in the Netherlands: Note 29 Note 29 Korf, Van der Steenhoven, Drugs policy in the Netherlands: Note 30 Note 30 J.J.M. van Dijk, H.I. Sagel-Grande, L.G. Toornvliet, Drugs policy in the Netherlands: Note 31 Note 31 80% of all pickpockets who were arrested in the inner city area of Amsterdam between November 1994 and March 1995 proved to be illegal immigrants, as did 70% of car thieves and 53% of muggers. 7 / 22

8 Drugs policy in the Netherlands: Note 32 Note 32 In the cities about forty percent of drug addicts come into contact with the police at least once a year. About a quarter of addicts feature in police records four times or more per year on account of criminal offences (Bieleman et al., 1995a; Ministry of Justice, 1995).] Drugs policy in the Netherlands: Note 33 Note 33 Cozijn, Van Dijk, 1978; Swierstra, 1990, Korf and Leuw, 1992, Knauss and Erhardt (BKA, 1993). Drugs policy in the Netherlands: Note 34 Note 34 Bieleman et al., 1995a. Drugs policy in the Netherlands: Note 35 Note 35 Further details can be found in the policy document on public safety policy, Drugs policy in the Netherlands: Note 36 Note 36 8 / 22

9 Council of State, 28 August 1995, no. HO Drugs policy in the Netherlands: Note 37 Note 37 European Union, The Council, 8929/94 SAN 55 CORDROGUE 34, Brussels, 29 May Drugs policy in the Netherlands: Note 38 Note 38 Municipal Health Service, Amsterdam, 1994; Municipal Health Service, Rotterdam, Drugs policy in the Netherlands: Note 39 Note 39 Municipal Health Service, Amsterdam, 1994; Municipal Health Service, Rotterdam, Drugs policy in the Netherlands: Note 40 Note 40 Municipal Health Service, Amsterdam, Drugs policy in the Netherlands: Note 41 Note 41 9 / 22

10 Municipal Health Service, Amsterdam, 1994.; Cramer, Schippers, Drugs policy in the Netherlands: Note 42 Note 42 Municipal Health Service, Amsterdam 1994; Kooyman, Drugs policy in the Netherlands: Note 43 Note 43 Ministry of Welfare, Health and Cultural Affairs / Ministry of Justice, Drugs policy in the Netherlands: Note 44 Note 44 De Beer et al., 1994; "Den Bosch scoort met omstreden drugproject" (Success in Den Bosch with controversial drugs project), article in the newspaper "Utrechts Nieuwsblad", 22 August Drugs policy in the Netherlands: Note 45 Note 45 Stichting Toekomstscenario's Gezondheidszorg (Organisation for Future Scenarios in Health Care), 1995 Drugs policy in the Netherlands: Note / 22

11 Note 46 Korf, 1988; Driessen et al., Drugs policy in the Netherlands: Note 47 Note 47 NIAD, 1995; Sandwijk et al., Drugs policy in the Netherlands: Note 48 Note 48 Cf. inter alia, National report on substance abuse, Drugs policy in the Netherlands: Note 49 Note 49 Spruit, ed., Drugs policy in the Netherlands: Note 50 Note 50 Korf, Drugs policy in the Netherlands: Note / 22

12 Note 51 Lowinson et al., Drugs policy in the Netherlands: Note 52 Note 52 Van Dijk, 1993; Oosterveer, Drugs policy in the Netherlands: Note 53 Note 53 Steinmetz et al., 1995; Van Duyne, Drugs policy in the Netherlands: Note 54 Note 54 Bieleman et al., 1995b; Schouten et al., 1995; Van Laar en Van Ooyen-Houben, Drugs policy in the Netherlands: Note 55 Note 55 Leue, 1994; Leuw and Aron, 1995; Bieleman et al., 1995b. Drugs policy in the Netherlands: Note / 22

13 Note 56 The Association of Netherlands Municipalities sent a brochure to its members in 1994 containing an extensive survey of the available administrative and legal instruments. In February 1993 a broadly-based working party chaired by P.H.A.J. Cremers drew up an overview of the various administrative, criminal law, civil law and aliens law options. Drugs policy in the Netherlands: Note 57 Note 57 Korf et al., Research was conducted in Venlo, Maastricht, Arnhem, Breda, Rotterdam and on the Hazeldonk route. Drugs policy in the Netherlands: Note 58 Note 58 Doc E/CN.7/1995/9 and National Criminal Intelligence Service (CRI) 1994 annual report. Drugs policy in the Netherlands: Note 59 Note 59 National Criminal Intelligence Service (CRI) 1994 Annual Report. Drugs policy in the Netherlands: Note 60 Note 60 Data provided by the EDU/Europol Analytical Department, June / 22

14 Drugs policy in the Netherlands: Note 61 Note 61 It should also be noted that not all countries use the same unambiguous system of recording amphetamines and synthetic drugs. In the case of amphetamines, for example, it should be borne in mind that in addition to the quantities in kilogrammes mentioned, quantities of tablets were also found, namely in Spain (6,000), the Netherlands (11,000) and Germany (over 250,000). In addition, only in the Netherlands was the seizure of kilogrammes of synthetic drugs (ecstasy etc.) recorded (101,000). Drugs policy in the Netherlands: Note 62 Note 62 National survey of criminal groups, Drugs policy in the Netherlands: Note 63 Note 63 In interpreting these data it should be borne in mind that they may be distorted by the very fact of registration. It may be assumed that more information is available about groups into which investigations are being or have been conducted and that according priority to certain groups or types of crime will also affect the amount of information available on them. Drugs policy in the Netherlands: Note 64 Note 64 From 1 February 1994 to 31 February / 22

15 Drugs policy in the Netherlands: Note 65 Note 65 Doc E/CN.7/1995/8, Illicit drug traffic and supply etc. Drugs policy in the Netherlands: Note 66 Note 66 Hug and Winizki, 1993; ANSA, Drugs policy in the Netherlands: Note 67 Note 67 Perkins and Gilbert, Drugs policy in the Netherlands: Note 68 Note 68 Steinmetz et al. (1995) estimated that there were up to 50,000 small-scale growers. Other sources estimate there to be slightly fewer (approximately 35,000). A domestic grower with a few plants under a single light who harvests five times a year can produce a yield of approximately 1.5 kilogrammes. The total yield of about 35,000 domestic growers would then be approximately 50,000 kilogrammes, sufficient to meet current domestic demand. Drugs policy in the Netherlands: Note 69 Note / 22

16 In May and October 1994 interim reports were published by ConsultiuM on the volume of hemp cultivation and on the granting of permits under section 7 of the Opium Act. Drugs policy in the Netherlands: Note 70 Note 70 Stichting Toekomstscenario's Gezondheidszorg, Drugs policy in the Netherlands: Note 71 Note 71 The full report will form part of the documentation on which the present policy document is based which is to be published. Interpretations of the tenor of the various instruments are entirely the author's own. In no way can they be regarded or cited as views which can be attributed to the Legal Service of the Council of the European Union. Drugs policy in the Netherlands: Note 72 Note 72 The trial will require a one-off investment in 1996 of NLG 20 million (10 million to come from the Ministry of Justice, 9 million from the GSB/Municipality of Rotterdam and 1 million from the Ministry of the Interior). Drugs policy in the Netherlands: Note 73 Note : NLG 1.5 million (pilot study); 1997 and subsequent years: NLG 4 million. 16 / 22

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JUDGMENT OF THE COURT (Second Chamber) 9 March 2006 *

VAN ESBROECK JUDGMENT OF THE COURT (Second Chamber) 9 March 2006 * In Case C-436/04, REFERENCE for a preliminary ruling under Article 35 EU from the Hof van Cassatie (Belgium), made by decision of 5 October