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)
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(Legislative acts)
REGULATIONS
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) The protection of natural persons in relation to the processing of personal data is a fundamental right.
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Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of
personal data concerning him or her.
(2) The principles of, and rules on the protection of natural persons with regard to the processing of their personal
data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular
their right to the protection of personal data. This Regulation is intended to contribute to the accomplishment of
an area of freedom, security and justice and of an economic union, to economic and social progress, to the
strengthening and the convergence of the economies within the internal market, and to the well-being of natural
persons.
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(3) Position of the European Parliament of 12 March 2014 (not yet published in the Official Journal) and position of the Council at first
reading of 8 April 2016 (not yet published in the Official Journal). Position of the European Parliament of 14 April 2016.
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(Legislative acts)
REGULATIONS
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) The protection of natural persons in relation to the processing of personal data is a fundamental right.
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personal data concerning him or her.
(2) The principles of, and rules on the protection of natural persons with regard to the processing of their personal
data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular
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4.5.2016 L 119/1 Official Journal of the European Union EN
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(2) OJ C 391, 18.12.2012, p. 127.
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- 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
Editor's Notes
- Urgency procedure for the adoption of implementing act for immediate risk is possible (measure enters immediately into force, then adopted by MS committee)