THE EMERGENCE OF THE ILLEGAL MARKETS IN EUROPEAN UNION Irina Caunic, PhD „Al. I. Cuza” University of Iaşi. Iasi, Romania irina_caunic@yahoo.com. Florin Bogdan Suciu, Doctoral Student „Al. I. Cuza” University of Iaşi. Iasi, Romania fbsuciu@yahoo.com. Abstract The extent of transactions on the illegal markets has brought the current importance of their research, especially in the context of the overall effects and the macroeconomic consequences of the financial activity and fiscal performances. Through this article we aim to offer a support for further development of quantitative and qualitative researches on drugs trafficking, human being trafficking and intellectual property theft by highlighting their impact on the real economy of the European Union member states. The article explores the main activities composing the hard core of the underground economy, simultaneously starting both from the known theoretical aspects and their concrete progress, for identifying and understanding their peculiarities. Keywords Illegal markets, underground economy, drug trafficking, human being trafficking, counterfeiting and intellectual property theft, illegal profit. 1. INTRODUCTION The analysis of the organized crime evolution trends, highlighted in the 2008 and 2009 Europol reports, but also by other international institutions in this matter, has emphasized a research need focusing primarily on illegal drug markets, human being trafficking and counterfeit products, approach warranted by their prevalence and extent throughout Europe. We mention that, until now, the facts themselves were analyzed with emphasis on a juridical, historical or psychological point of view, but we consider underlining the economic implications of transactions in the illegal markets is a timely initiative, in the context in which the main causes of the emergence and expansion of organized crime are given by the opportunity to achieve significant income in a relatively short period of time. The pointing of organized crime economic goals must be assessed on the basis of a large underground market development but also considering the diversification of illegal activities whose financial product grows exponentially, maintaining global instability. Organized crime is, now considered by experts in the field, as the economic branch with the fastest expansion in the world. According to calculations, the annual profit recorded by such networks is estimated between 500 and 1500 billion dollars, the most profitable industries being related to illicit drugs or human being trafficking [1]. Illegal markets have been defined in literature [2] as places where are marketed goods and services of whose production, sale or consumption is prohibited by the most countries or international law. The evolution of these markets is influenced, as in the case of the official ones, by the growth or decline in demand for products and services. Prohibition of goods or services may affect the volume of illicit activities, but equally offers new opportunities in the operation of illegal markets, the most suggestive example in this respect, being the criminalization of the production, trafficking and drug use, which didn`t eliminated or reduced demand for such substances, but only created a global market prospects for the development of drugs, that operates outside controls imposed by the authorities. 2. DYNAMICS OF THE ILLEGAL DRUG MARKETS IN EUROPEAN UNION Concerning the strands of organized crime networks operating in the European Union, valences of drug trafficking get more and more worrisome, not only because of the level of proliferation, and especially the size of financial transactions, existing studies [3] placing the European markets among the most profitable in terms of consumption of heroin and cocaine. In this regard, the Office of Narcotics Control under the U.S. State Department estimated that one kilogram of cocaine production amounted to $ 3000, its retail price being $ 20,000, while in the case of heroin, production cost is much higher, respectively, $ 4000 - $ 5000, the sale price being $ 250,000 - $ 350,000 [4]. Regarding the retail price of cocaine, it is higher in Finland, Luxembourg and Italy, markets in the Nordic countries - Finland, Denmark and Sweden - being in exchange famous, for the high prices paid to purchase a gram of heroin (see Table 1). Table 1: Cocaine and Heroin: The price of retail markets in Europe, 2000 - 2006 Europe Retail price (street price) U.S. $ / Gram 2000 2001 2002 2003 2004 2005 Cocaine 94 78 71 90 103 101 Heroin 75 44 92 68 75 74 Cocaine 106 120 91 122 82 82 Denmark Heroin 116 111 126 122 94 123 Cocaine 138 121 111 151 146 170 Finland Heroin 207 121 188 195 195 182 Cocaine 50 87 75 90 99 94 France Heroin 32 34 47 57 68 69 Cocaine 57 58 57 68 73 79 Germany Heroin 39 38 38 46 49 48 Cocaine 69 72 75 96 93 79 Greece Heroin 55 53 45 65 51 31 Cocaine 100 89 90 101 113 114 Italy Heroin 71 68 59 63 69 68 Cocaine 119 119 107 96 114 114 Luxembourg Heroin 69 67 67 45 101 102 Cocaine 33 33 33 50 59 59 Netherlands Heroin 25 43 35 40 57 38 Cocaine 77 79 87 99 93 92 Sweden Heroin 113 129 133 128 119 92 Cocaine 94 94 84 90 91 79 United Kingdom Heroin 107 86 91 100 110 93 Cocaine 28 28 94 79 87 88 Ireland Heroin 176 170 179 179 248 252 Source: United Nations Office on Drugs and Crime, (UNODC) World Drug Report 2008, Statistics, 260, http://viewer.zmags.com/showmag.php?preview=1&mid=wtddth&%5Fx=1#/page2/. Austria 2006 78 69 81 100 100 125 100 67 74 46 110 75 164 66 104 102 106 38 101 92 87 71 88 251 pp. 255; Lately, could be seen in Europe, a fall in cocaine price and at the same time, an increase in demand for this drug, indicated by the prevalence of cocaine use in the general population and the problem drug users. This trends can be explained by factors [5], such as: an increase in the supply of cocaine to Europe, reflected in rising volumes of seizures; the increased volume of European cocaine consumption together with the relative strength of European currencies compared to the US dollar, was able to offset falling prices and possibly lower profit margins; technological developments and the use of new trafficking routes, such as the West African route, could have led to a decrease in transportation costs and low-paid traffickers; more competition inside the European cocaine market [6]. The same downward trend in the retail price could be also applied to cannabis, for the period 2002-2007. Thus, in most European countries, retail prices for cannabis resin ranged, on average, between 3 and 11 EUR per gram, while, for the same period, average retail price for herbal cannabis ranged between 1 and 12 EUR, data indicating a more stable situation [7]. We consider that analysis of drug prices is an important tool for understanding market trends profile, because, based on information obtained, becomes possible to estimate the typical price paid by a consumer to obtain a certain drug in a European country. Shaping perspectives on recorded profits of illegal drug markets is possible through analysis of key indicators regarding the illegal cultivation, drug markets and interventions to reduce supply, referring to: price changes over time, which may indicate possible changes in supply or demand for drugs; wholesale prices, regarding price paid by drug dealers to major distributors market the drug is consumed; retail prices of illegal drugs and data on the purity or concentration; drug seizures (as a indirect indicator for supply, traffic routes and availability of drugs; Along with analyzing prices, an important aspect in assessing dynamics of drug markets is given of emphasizing the varying degrees of involvement of some EU countries in production, distribution, or consumption of drugs activities depending on social, economic or political factors that favor or maintain their interest for one or another component of those markets mechanism of operating. Concerning the production of heroin, cocaine and cannabis, cultivation of these plants estimate is based, equally, both on-road activities (sampling on site) and the air or satellite surveys. These estimates have some important limitations related, for example, on variations of yield figures or the difficulty of monitoring crop, such as cannabis, that can be grown indoors or isn`t limited to certain geographical areas. Considering the distribution component, existing studies highlight a specialization of the traffic networks on different types of drugs, being at the same time, engaged in other illegal activities through their control over the entire circuit, from production to retail sale on underground markets [8]. The imports of cocaine are dominated, at the EU level, by the Colombian organized crime networks, who take advantage both of historical and linguistic affinities with Spain and Portugal and the existence of a representative diaspora, set of along the coasts of the Iberian Peninsula [9]. In this context, the most important gateways for cocaine to enter Europe are, according to an European Monitoring Centre for Drugs and Drug Addiction Report [10], Spain, Portugal and Netherlands and to a lesser extent Germany, Belgium, France and Great Britain which benefit from the highly developed transportation infrastructure, excellent connections to the production and transit zones via airports and sea ports, and the access to the trans-European corridors. Analyzed under the distribution aspect, trafficking in heroin is dominated on the European Union, by Turkish, Kurdish and Iranian groups, having established close ties both with Afghanistan networks and also with those in countries like Holland, Belgium, France, Germany and United Kingdom [11]. Although most of the quantity of imported heroin is transported through the Balkan route, lately become increasingly more common the North Sea coast route [12]. In the same context, it is worth mentioning the cannabis plant, that is widespread in the European markets, being particularly imported, from Africa (Nigeria, Morocco, Ghana, South Africa) and, to a lesser extent, from southwest Asia (Pakistan) and the Americas (Jamaica) [13]. Cannabis resin produced in Africa is typically inserted clandestinely into Europe through the Iberian Peninsula and the Netherlands, being passed on to other European countries. However, it is likely that a significant proportion of cannabis consumed in the European markets to be the result of domestic production, plant being grown in a wide range of environments in different regions. Along with cannabis, there is high demand in EU member states for synthetic drugs such as amphetamine or ecstasy, drugs that are produced mainly in Belgium and the Netherlands [14]. Trafficking of synthetic drugs has become very special, due to the fact that it involves low production costs and making considerable profits, in terms of getting drugs that do not require advanced knowledge in the field. Although the Dutch and Belgian groups have control of these markets, though lately has been recorded an increase of the involvement level in the production of ecstasy and amphetamines of the traffic groups in Eastern Europe, in this case, from Bulgaria and Turkey [15]. Trends in European drug markets are highlighted through analyzing issues related to the prevalence and patterns of consumption of such substances, in the general population, being used for this purpose, the following indicators: problem drug use (PDU) - collects data on the prevalence and incidence of problem drug use (PDU) at national and local level; the treatment demand indicator (TDI) – provides comparable information at a European level concerning drugs, drug addiction and their consequences; drug related deaths and mortality (DRD) – accounts the percentage of deaths among young people in many European countries; drug related infectious diseases (DRID) - collects data on the extent of infectious diseases (primarily HIV, hepatitis C and hepatitis B infection) among people who inject drugs; general population surveys (GPS) - collects data on the prevalence of drug use among the general population; We believe that the results of this analysis, although they are limited in scope, will support the calls made in the new EU Action Plan, to intensify research efforts in those priority areas are underrepresented, such as drug market. 3. HUMAN TRAFFICKING AND ILLEGAL MIGRATION IN EUROPEAN UNION Although globalization has improved communications and trade routes, facilitated at the same time, new ways of operating illegal activities, along with drug trafficking, being also mentioned human trafficking, phenomenon recording in the last period, a huge positive dynamics, especially in terms of the networks establishment, within the European Union, in order to exploit women, children or immigrants through prostitution, begging, theft, forced labor, etc. From economic perspective, human trafficking involves financial interests, the existence of regional and international networks of trafficking and the illicit flow of funds which is done under traffic. Operations carried out on the illegal market are especially facilitated by the mobility of people and developing of transport means, and also by restrictions on illegal migration imposed by developed countries, as well as relatively low risk of detection and sanction of traffickers [16]. In the last two decades has been a significant increase in cases of human trafficking and illegal migration, phenomena due in part to the possibility of obtaining considerable profits. In this regard, a recent study [17] has estimated that revenues resulting from trafficking in illegal workforce, totals about $32 billion annually or $13,000 per person trafficked, and in sexual exploitation for commercial purposes, sums amounted to 27.8 billion U.S. dollars annually or $ 23,000 for each victim. According to Financial Action Task Force [18], rates applied to illegal migration (see Table 2) vary on nationality and financial situation of the emigrant, the risks involved in travel, the level of traffickers professionalism (suppliers of such services), degree of comfort during the trip and attractiveness of destination country, distance between country of origin and destination and regulations existing in respective countries. Note that the entire industry is founded in fact, on a number of economic principles, such as supply and demand, increasing price of trafficked persons and drawing networks interest in developing infrastructure and illegal markets. Along with these aspects, can be highlighted a great extent of these illegal markets, annually between six and eight million men, women and children being involved in international trafficking of people, most of them being victims of commercial sexual exploitation [19]. Like drug trafficking, we also believe that in human trafficking case it is necessary developing a system of indicators allowing interpretation of existing data and and improving the current methods of comparative analysis of information from various sources. We appreciate the initiative as appropriate, because nowadays, there isn`t a system of indicators covering human trafficking, and their identification and definition could lead, as the case of the illegal drug market, to accurately achieve estimates on the extent of the phenomenon. Among the suggested indicators, we can mention: • number of European countries that were detected victims of human trafficking; • the number of victims detected; • the number of illegal border crossings; • number of women leaving the main source countries; Table-2: Prices charged by the human being traffickers for illegal migration Route / Country of destination Estimated cost Italy, for citizens coming from China $13.000 Spain, for citizens coming from South Asia EUR 6.000 ($12.000, for procurement of false identity documents) EUR 4.000 (6.000, for procurement of false identity documents) EUR 800 – 10.000 Spain for citizens coming from North Africa Western Europe, through Hungary, for citizens coming from Russia to / through Cyprus from Slovakia to Italy $3.000 – 5.000 $3.000 – 4.000 transit through Macedonia transit through Serbia and Montenegro Europe, through Malta, for citizens coming from Africa EUR 1.000 – 1.500 $1.000 $800 – 1.000 to / through Croatia EUR 500 from Hungary to Italy EUR 500 to enter the territory of Macedonia for citizens of EUR 250 – 300 neighboring countries Source: Financial Action Task Force, Money Laundering & Terrorist Financing Typologies, 2004-2005, June 10, 2005, p. 70; see also Council of Europe, Proceeds from Trafficking in Human Beings and Illegal Migration/Human Smuggling, Strasbourg, 2005. Dimensions of human trafficking in the European Union can not be shaped considering only substantial profits analysis or in terms of the large number of people who annually become victims of this phenomenon, but especially by highlighting the new trends in using certain routes by networks of traffickers, who generally prefer the regions affected by political instability or prolonged economic crisis. According to a study [20], for Europe, these routes are relevant in terms of human trafficking: the Asian countries from Russia via Ukraine, Slovakia and the Czech Republic to Western Europe; the Asian countries via Iran and Turkey, along the Balkan route, to Western Europe; Sub-Saharan Africa via North Africa and Gibraltar, to Spain or Italy. Currently, EU Member States faced with a diversity regarding the origin of trafficking victims, being affected in these aspects [21]: the countries of Central and South East Europe - considered countries of origin for trafficked human beings and subject to various forms of exploitation (forced labor, prostitution) in western and in southern Europe. According to expert studies, the most trafficked people coming from Romania and Bulgaria, during 2005-2007 being recorded in approximately 2000 victims originating from Romania and 600 from Bulgaria; EU countries as a destination - trafficking victims identified in Europe in the period 2005-2007, were derived both from East Asia, western and northern Africa and South America. Services usually offered by groups specialized in the illegal trafficking of persons, consist in preparing immigrants, obtaining travel documents, providing transport and arrival in the destination country. But, in some cases, to ensure a successful trip, trafficking networks provide migrants return tickets, money, travelers checks or credit cards, to be sure that they will be fulfilled for entry, transit or their stay in certain countries and at the same time, in order to create them the image of tourists or business persons [22]. Due to the complexity of this services, illicit trafficking in persons doesn`t mean only the transport of illegal immigrants to countries of destination, but sometimes consist in their exploitation, by submitting them to forced labor or prostitution, to the complete extinction of debts [23]. The amount of debt can vary considerably, depending on these variables: speed of service, comfort that benefited the person to reach the destination, nationality, means of transport and distance. Along with illegal migration, sexual services market in the European Union is considered an important component of human trafficking, explained both by significant revenue annually obtained by trafficking networks and the large number of prostitution victims [24]. Much of the information on human trafficking come from reports prepared by specialized institutions, a few studies analysing the phenomenon from an economical point of view existing today, reason why we consider as appropriate the consolidation of the scientific knowledge in this matter and the creation of a solid framework replacing the shortage of data in this area. 4. THE COUNTERFEITING AND ITS DYNAMICS IN EUROPEAN UNION The dimensions of underground economy and growing demand for cheap consumer goods exhibit a wide range of products to counterfeiting, phenomenon existing in the Member States of the European Union, in each sector of activity and bringing significant damage especially to audiovisual and toys industry, cosmetics and pharmaceutical products. Countries affected by such illegal activities bear considerable economic costs both in terms of job market, and loss of income due to unpaid taxes, due to declare a smaller number of sales. A study by Business Software Alliance and International Data Corporation (IDC), assessed the economic impact of IT in 70 countries worldwide and the benefits that those countries could acquire by reducing software piracy and promoting intellectual property protection [25]. With reference to the conclusions of the study and considering the existing situation in the Member States of the European Union, we conclude in 2005-2007 range, the countries in Central and Eastern Europe were most affected by this phenomenon, software products being counterfeited in the rate of 68% - 71% in Bulgaria, 58% - 64% in Greece, 57% - 58% in Poland, 68% - 72% in Romania, etc. with the considerable damages (as shown in Table 3). Losses in the EU countries as a result of developing markets of counterfeit products were estimated in a recent study, from EUR 7.581 billion for clothing and footwear sector, EUR 3.017 billion for the cosmetics industry, EUR 3.731 billion for the sporting goods and toys and EUR 1.554 billion, losses in the pharmaceutical industry [26], figures which outline an overview of the size of these markets. Developing trade made it difficult to identify counterfeit networks that cooperate at the international level, facilitating at the same time, the use of modern communication, transportation and logistics, products being usually produced, assembled and sold in different countries (the division of capital, production units, distribution channels and sales markets). Assets of compliance with legislation can never compete, in terms of price, with the counterfeit products, given the fact that illegal operators do not bear the costs of research and development or marketing of such products. Table - 3: Software piracy EU countries Austria The dimensions of the phenomenon 2007 2006 2005 25% 26% 26% 2007 $157 2006 $147 2005 $131 Bulgaria 68% $63 $50 $41 69% 71% Damage reported (in millions of U.S. dollars) Great Britain 26% 27% 27% $1,837 $1,670 Denmark 25% 25% 27% $193 $183 Finland 25% 27% 26% $160 $149 France 42% 45% 47% $2,601 $2,676 Germany 27% 28% 27% $1,937 $1,642 Greece 58% 61% 64% $198 $165 Italy 49% 51% 53% $1,779 $1,403 Netherlands 28% 29% 30% $502 $419 Poland 57% 57% 58% $580 $484 Romania 68% 69% 72% $151 $114 Spain 43% 46% 46% $903 $865 European Union 35% 36% 36% $12,383 $11,003 Worldwide 38% 35% 35% $47,809 $39,698 Source: BSA-IDC, Fifth Annual BSA and IDC Global Software Piracy http://global.bsa.org/idcglobalstudy2007/studies/2007_global_piracy_study.pdf. $1,802 $199 $156 $3,191 $1,920 $157 $1,564 $596 $388 $111 $765 $12,048 $34,482 Study, May 2008, Compared with other illicit activities, counterfeiting and piracy of products offer significant profits to organized crime networks and relatively low risk in terms of sanctioning such acts. A good example in this respect, is the drug trafficker who pays about $ 47,000 for a kilogram of cocaine, then building it with approx. $ 94,000 and getting a return of 100%. At the same time, using the amount of $ 47,000, with a low risk, an entrepreneur can buy 1500 pirated CDs of Office program, the profit recorded from selling this product being superior, by approximately 900% [27]. Given these conditions we believe the profit - risk report is attractive both to organized crime groups and especially for extremist-terrorist organizations, who have no sophisticated means for raising funds. In our country the development of illegal markets could be interpreted from the perspective offered by the democratization process and thus, integration into European and world economic circuit. Also, open borders, accompanied by a relaxed customs control, encouraged in our country, at unprecedented levels, the movement of people and goods, illegal migration, drug trafficking, theft and international traffic in stolen vehicles, trafficking in counterfeit currency, trafficking in radioactive materials trafficking in works of art [28]. Illegal markets constitute the source of income for organized crime. In the context of contemporary illegal market conditions, it needs to be noted that with the restrictions of national borders declining and the increasing mobility of goods, money and services, transnational business opportunities have created new global markets. The globalization of trade facilitated access of foreign markets and the advantages offered by technological innovations led many enterprises to expand their activities across international borders. References 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 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