Legislative proposals on new psychoactive substances

(NPS)

Hearing of the European Economic and Social CommitteeBrussels, 27 November 2013

Reasons for EU-level action on NPS

2

Objectives of EU-level action on NPS

3

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

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

How does the new mechanism work?

5

Member States detect a new psychoactive substance

Member States share info via EMCDDA/Europol Early Warning System

Joint EMCDDA – Europol report

Regulation

How does the new mechanism work?

6

Joint EMCDDA – Europol report

Commission requests a risk assessment

EMCDDA Risk AssessmentTemporary consumer market

restriction (12 months)

Imm

ed

iate

ris

k

Imple

menti

ng a

ct

Regulation

How does the new mechanism work?

No EU action

Low

ris

k

EMCDDA Risk Assessment

Mod

era

te r

isk

Severe

ris

k

Permanent consumer market restriction

Permanent market restriction and

criminalisation

Implementing acts

National transposition of EU criminal law measuresDirective

Regulation

24 months

Emergency temporary measures: within weeks

Permanent measures:

10 months