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

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