Activities of Marusya LYUBCHEVA related to 2013/0305(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on new psychoactive substances
Amendments (12)
Amendment 15 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States' competent public authorities introduce various restriction measures on these new psychoactive substances to address the risks that they pose or may pose when consumed. As new psychoactive substances are often used for scientific research and development purposes and in the production of various goods or of other substances which are used for manufacturing goods, such as medicines, industrial solvents, cleaning agents, goods in the hi-tech industry, restricting their access for this use can have an important impact on economic operators, potentially disrupting their business activities in the internal market. and can also impede sustainable scientific research and development.
Amendment 16 #
Proposal for a regulation
Recital 4
Recital 4
(4) The increasing number of new psychoactive substances available in the internal market, their growing diversity, the speed with which they emerge on the market, the different risks that they may pose when consumed by humans and, the growing number of individuals who consume them and the lack of general public knowledge and awareness about the risks associated with their consumption, challenge the capacity of public authorities to provide effective responses to protect public health and safety without hampering the functioning of the internal market.
Amendment 19 #
Proposal for a regulation
Recital 7
Recital 7
(7) The disparities between the various restriction measures applied to new psychoactive substances can also lead to displacement of harmful new psychoactive substances between the Member States, hampering efforts to restrict their availability to consumers and, undermining consumer protection across the Union and the efforts to combat potential criminal activities and organised crime activity associated with their distribution.
Amendment 21 #
Proposal for a regulation
Recital 8
Recital 8
(8) Such disparities are expected to increase as Member States continue to pursue divergent approaches to addressing new psychoactive substances. Therefore, the obstacles to trade and market fragmentation, and the lack of legal clarity and of a level playing field are expected to increase, further hindering the functioning of the internal market and the protection of public health and safety.
Amendment 26 #
Proposal for a regulation
Recital 17
Recital 17
(17) Certain new psychoactive substances pose immediate public health risks, requiring urgent action. Therefore, their availability to consumers should be restricted for a limitedsufficient period of time, pending their risk assessment.
Amendment 28 #
Proposal for a regulation
Recital 24
Recital 24
(24) The mechanism for rapid exchange of information on new psychoactive substances has proved to be a useful channel for sharing information on new psychoactive substances, on new trends in the use of controlled psychoactive substances and on related public health warnings. That mechanism should be further strengthened to enable a more effective response to the rapid emergence and spread of new psychoactive substances across the Union, as well as to raise the level of public awareness about the risks associated with their use for any purposes, other than commercial, industrial or scientific.
Amendment 29 #
Proposal for a regulation
Recital 29
Recital 29
(29) Prevention, treatment and harm reduction measures are important for addressing the growing use of new psychoactive substances and their potential risks. The internet, which is one of the important distribution channels through which new psychoactive substances are advertised and sold, should be used for disseminating information on the health, social and safety risks that they pose, and for the prevention of misuse and abuse.
Amendment 30 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Commission and the Member States should also promote educational and awareness-rising activities, initiatives and campaigns, targeting the health, social and safety risks associated with the misuse and abuse of new psychoactive substances.
Amendment 32 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to a rapid increase in the number of reported fatalities and severe health consequences in several Member States associated with the consumption of the new psychoactive substance concerned, imperative grounds of urgency so require.
Amendment 41 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the prevalence and patterns of use of the new psychoactive substance in the general population and in specific groups, in particular frequency, quantities and modality of use, its availability to consumers and the potential for diffusion, which indicate that the scale of the risk is moderate or considerable.
Amendment 43 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity, abuse liability and dependence-producing potential, in particular injury, disease, aggression, and physical and mental impairment;
Amendment 45 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity, abuse liability and dependence-producing potential, is limited, as it provokes minornon- existent or negligible, as it does not provoke injury and disease, and minorggression and physical or mental impairment;