Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 21 December 2021 – Criminal proceedings against TF

(Case C-806/21)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Party to the main proceedings

TF

Questions referred

Are natural and legal persons who are involved in the placing on the market of scheduled substances in such a way that that involvement constitutes an offence punishable under Article 2(1)(d) of Framework Decision 2004/757 ¹ to be regarded as ‘operators’ for the purposes of Article 2(d) of Regulation No 273/2004? ²

If the answer to this first question is in the affirmative:

2.    (a) Does the conduct of the operator referred to in Question 1 constitute a ‘circumstance’ for the purposes of Article 8(1) of Regulation No 273/2004?

(b) Does conduct such as the receipt, transport and storage of scheduled substances constitute a ‘circumstance’ for the purposes of Article 8(1) of Regulation No 273/2004 if that conduct does not take place with the intention of supplying those substances to a third party?

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¹ Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ 2004 L 335, p. 8).

¹ Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ 2004 L 47, p. 1).