The fight against drugs involves a wide range of activities, chief among them the fight against addiction and against illicit trafficking.
Preventing drug addiction is treated as a matter of common interest by Article K.1(4) of the TEU, `in so far as this is not covered by (7) to (9)' (judicial cooperation in criminal matters, customs cooperation and police cooperation), and also provided for by Article 129 of the EC Treaty (public health).
The Europol Drugs Unit has been made responsible for combating illicit drug trafficking; it has set up an intelligence unit to improve police and customs cooperation between the Member States. This police cooperation is also in the list of matters of common interest in Article K.1(9)).
The Commission took Article K.1 as the legal basis for its plan of action to combat drugs (1995-99), which deals with a multitude of questions (preventing drug addiction, curbing drug trafficking and international action), but had to be content with the more modest Article 129 as the basis for its future action programme to prevent drug addiction, which lowers its impact.
Once the Treaty of Amsterdam enters into force, Article K.1 (new Title VI) of the Treaty on European Union will constitute a clear legal base for the fight against illicit drug trafficking.
The fight against fraud proceeds on two distinct legal bases: Article K.1(5) of the Treaty on European Union, which provides for `combating fraud on an international scale in so far as this is not covered by (7) to (9)' (judicial cooperation in criminal matters, customs cooperation and police cooperation), and Article 209a of the Treaty establishing the European Community (fraud affecting the Community's financial interests).
A Convention on the protection of the Community's financial interests was signed on 26 July 1995 as a third-pillar instrument. Its principal aim is that there should be provision in the criminal law of all Member States for an offence of fraud against the Community's financial interests.
The Treaty of Amsterdam will amend both legal bases. To crack down on corruption and fraud, the Treaty calls for "closer cooperation between police forces, customs authorities and other competent authorities in the Member States, both directly and through Europol" (Article K.1 of the new Title VI) and expands Article 209a of the Treaty establishing the European Community. Once the new Treaty enters into force, the Council and the European Parliament will have the power to adopt measures under the codecision procedure to prevent and combat fraud affecting the financial interests of the Community.
The Europol Drugs Unit has been made responsible for fighting these two scourges; it exchanges information between Member States to improve police and judicial cooperation.
With the entry into force of the Treaty of Amsterdam, the fight against international crime will be one of the fields included in the new Title VI of the Treaty on European Union. This explicit reference will enable the Member States to go beyond exchanging information, as they will have a clear legal basis for using the instruments provided for by new Article K.6 (positions, decisions, framework decisions and conventions) and for embarking on a genuine policy for combating international crime.
There is no explicit legal basis for combating racism and xenophobia, though the Community institutions have established a number of measures integrated into the social policy conducted by the European Union. Hence the designation of 1997 as the European Year against Racism proceeds from a Council Resolution and Decision only, leaving action to the Member States.
The Treaty of Amsterdam will establish a legal base by adding racism and xenophobia to the list of matters dealt with under Article K.1 (new Title VI) of the Treaty on European Union, thus allowing a genuine Community policy to be established.
Article K.1 provides for the fight against terrorism to be coordinated by Europol. The Europol Convention is not yet in force, and police cooperation in terrorism matters is still covered by a Council Working Party.
With the entry into force of the Treaty of Amsterdam, a specific reference to the fight against terrorism will be added to Article K.1 (new Title VI), thereby authorising the Member States to adopt common positions, decisions, framework decisions and conventions in order to establish closer coordination in this field.
A new Title IIIa will be written into the Treaty establishing the European Community on the entry into force of the Treaty of Amsterdam. It will cover the following fields.
At present these fields come under Title VI of the Treaty on European Union (Justice and home affairs). Under the Treaty of Amsterdam they will gradually be incorporated into the Community legal framework (the first pillar) over a period of five years following its entry into force.
After this transition period, the Council will no longer act alone in these fields, but will take decisions on a proposal from the Commission. There are also long-term plans to introduce the codecision procedure and qualified majority voting. The Court of Justice will have jurisdiction in the fields covered by the new Title IIIa, from which it is at present excluded.
The United Kingdom and Ireland will opt out of measures taken under Title IIIa. Denmark will participate only in measures relating to visas.