Activities of Anna HEDH related to 2013/0304(COD)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of 'drug' and repealing Council Decision 2005/387/JHA PDF (447 KB) DOC (55 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of drug PDF (252 KB) DOC (328 KB)
Amendments (5)
Amendment 7 #
Proposal for a directive
Recital 5
Recital 5
(5) The nNew psychoactive substances subjected to permanent market restriction pursuant to [Regulation (EU) No …/….../... on new psychoactive substances] should, once they have been added to the Annex to the Framework Decision 2004/757/JHA, therefore, be covered by the Union 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 substances. TIn order to add such substances in the Annex, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annex and thereby the definition of ‘drug’ in the Framework Decision 2004/757/JHA should, therefore, be amended. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 8 #
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/JHA to new psychoactive substances posing severe health, social and safety risks within twelve months from their submission, within 12 months of those new psychoactive substances being added to the Annex to Framework Decision 2004/757/JHA, the provisions of that Framework Decision ... to new psychoactive substances which have been subjected to permanent market restriction unders pursuant to [Regulation (EU) No …/….../... on new psychoactive substances] on account of the severe health, social and safety risks which they pose.
Amendment 19 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Framework Decision 2004/757/JHA
Article 9 – paragraph 3 (new)
Article 9 – paragraph 3 (new)
3. 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 restrictionthe addition of those new psychoactive substances to the Annex. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 21 #
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
(2a) The following Article is added after Article 9: 'Article 9a Delegation of power The Commission shall be empowered to adopt delegated acts to amend the Annex to the Framework Decision, in particular to add to the Annex new psychoactive substances subjected to permanent market restriction on the basis of Article 13(1) Regulation (EU) No .../... on new psychoactive substances.'
Amendment 22 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Framework Decision 2004/757/JHA
Article 9 b (new)
Article 9 b (new)
(2b) The following Article is added after Article 9: 'Article 9b Exercise of delegation 1. The power to adopt delegated acts according to Article 9a is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 9ahall be conferred on the Commission for a period of ten years from [the entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the ten year period. The delegation of powers shall be tacitly extended for a further period of ten years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in Article 9a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant Article 9a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.'