5 Amendments of James NICHOLSON related to 2013/0304(COD)
Amendment 5 #
Proposal for a directive
Recital 4
Recital 4
(4) New psychoactive substances, which imitate the effects of substances scheduled under the UN Conventions, are emerging frequently and are spreading fast in the Union. Certain new psychoactive substances pose severe health, social and safety risks, as ascertained by [Regulation (EU) No …/….../... on new psychoactive substances]. Under that Regulation, measures may be taken to prohibit the production, manufacture, making available on the market including importation to the Union, transport, and exportation from the Union of new psychoactive substances posing severe health, social and safety risks. To effectively reduce the availability of new psychoactive substances that pose severe risks to individuals and society, and to deter trafficking in those substances across the Union, as well as the involvement of criminal organisations, permanent market restriction measures adopted under that Regulation should be underpinned by national criminal law provisions.
Amendment 10 #
Proposal for a directive
Recital 5
Recital 5
(5) The new psychoactive substances subjected to permanent market restriction pursuant to [Regulation (EU) No …/….../... on new psychoactive substances] should, therefore, be covered by the Unrelevant national criminal law provisions on illicit drug trafficking. This would also help streamline and clarify the Union legal framework, as the same criminal law provisions would apply to substances covered by the UN Conventions and to the most harmful new psychoactive substancesfford Member States the necessary flexibility to respond to the unique challenges of each country. The definition of ‘'drug’' in the Framework Decision 2004/757/JHA should, therefore, be amended in such a way as to facilitate this flexibility.
Amendment 13 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to swiftly address the emergence and spread of harmful new psychoactive substances in the Union, Member States should apply the provisions of the Framework Decision 2004/757/JHAmend national criminal law in order to apply to new psychoactive substances posing severe health, social and safety risks within twelve months from their submission to permanent market restriction under [Regulation (EU) No …/… on new psychoactive substances].
Amendment 15 #
Proposal for a directive
Recital 7
Recital 7
Amendment 17 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Council Framework Decision 2004/757/JHA
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
In respect of new psychoactive substances subjected to permanent market restriction on the basis of [Article 13(1) of Regulation (EU) No …/….../... on new psychoactive substances], Member States shall bring into force the laws, regulations and administrative provisions necessary to apply the provisions of this Framework Decision to these new psychoactive substances within twelve months after entry into force of the permanent market restriction. They shall forthwith communicate to the Commission the text of those provisions.