Legislative proposals on new psychoactive substances

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Presentation by Dana Spinant (DG JUST, European Commission) on the occasion of the EESC hearing on New Psychoactive Substances (Brussels, 27 November 2013)

Presentation by Dana Spinant (DG JUST, European Commission) on the occasion of the EESC hearing on New Psychoactive Substances (Brussels, 27 November 2013)

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  • Urgency procedure for the adoption of implementing act for immediate risk is possible (measure enters immediately into force, then adopted by MS committee)

Transcript

  • 1. Legislative proposals on new psychoactive substances (NPS) Hearing of the European Economic and Social Committee Brussels, 27 November 2013
  • 2. Reasons for EU-level action on NPS 2
  • 3. Objectives of EU-level action on NPS Protect consumers' health and safety. Eliminate barriers to legitimate trade in NPS and prevent the emergence of such barriers. How? 1.- improving speed of action 2.- introducing restrictions proportionate to the risks NPS pose 3.- ensuring free movement for industrial/commercial purposes, and for R&D 4.- improve links with the EU legislation on internal market 3
  • 4. Legislative package on NPS 1. - Regulation on new psychoactive substances (information exchange, risk assessment, market restrictions) – COM(2013)619 2. - Directive amending 2004 Framework Decision on drug trafficking (criminal law measures on severe-risk NPS) – COM(2013)618 4
  • 5. How does the new mechanism work? Regulation Member States detect a new psychoactive substance Member States share info via EMCDDA/Europol Early Warning System Joint EMCDDA – Europol report 5
  • 6. How does the new mechanism work? Regulation Implementing act Immediate risk Joint EMCDDA – Europol report Temporary consumer market restriction (12 months) Commission requests a risk assessment EMCDDA Risk Assessment 6
  • 7. How does the new mechanism work? Regulation No EU action Permanent consumer market restriction Directive Severe risk Implementing acts Moderate risk Low risk EMCDDA Risk Assessment Permanent market restriction and criminalisation National transposition of EU criminal law measures
  • 8. 24 months Emergency temporary measures: within weeks Permanent measures: 10 months