Risk assessment of new psychoactive substances - EMCDDA - Europa

Chapter 1Legal basis and scope1.1 Legal basisThe legal basis for the risk assessment is given in the Council Decision, particularlyArticle 6. The Council Decision in its turn has regard to the Treaty of the EuropeanUnion ( 5 ), in particular Articles 29, 31(1)(e) and 34 therein. These articles areprovisions on police and judicial cooperation in criminal matters (Title VI of theAmsterdam Treaty). Thus, the overall objective of the Council Decision is to providecitizens with a high level of safety within an area of freedom, security and justiceby developing common actions among the Member States in the fields of policeand judicial cooperation in criminal matters.The Council Decision also clearly relates to the 1961 United Nations SingleConvention on Narcotic Drugs ( 6 ) (hereafter the 1961 UN Convention) and the1971 United Nations Convention on Psychotropic Substances ( 7 ) (hereafter the1971 UN Convention). These conventions are relevant with regard to defining thescope of the Council Decision (Article 2) and the definition of new psychoactivesubstances (Article 3). Furthermore, they: affect the nature of the risk assessment(Article 6); can provide a basis for exclusion of a new psychoactive substancefrom risk assessment (Article 7) and; affect the measures of control to be taken bythe Member States (Article 9). The relevance of the UN conventions for the riskassessment lies also in indicating the factors that should be taken into accountwhen a risk assessment is carried out.Further information on the procedures relating to the Early-warning systemunder the Council Decision can be found in the Early-warning system on newpsychoactive substances — operating guidelines ( 8 ).( 5 ) OJ C 325, 24.12.2002.( 6 ) Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocolamending the Single Convention on Narcotic Drugs, 1961, United Nations.( 7 ) Convention on Psychotropic Substances, 1971, United Nations.( 8 ) EMCDDA (2007), Early-warning system on new psychoactive substances — Operatingguidelines, European Monitoring Centre for Drugs and Drug Addiction, Lisbon.15