Message 001
Communication from the Commission - TRIS/(2024) 3371
Directive (EU) 2015/1535
Notification: 2024/0691/CZ
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20243371.EN
1. MSG 001 IND 2024 0691 CZ EN 17-12-2024 CZ NOTIF
2. Czechia
3A. Úřad pro technickou normalizaci, metrologii a státní zkušebnictví
Biskupský dvůr 1148/5
110 00 Praha 1
tel: 221 802 216
e-mail: eu9834@unmz.cz
3B. Ministerstvo zdravotnictví České republiky,
Palackého náměstí 4,
128 01 Praha 2
tel.: 224971111
e-mail: mzcr@mzcr.cz
4. 2024/0691/CZ - C00C - CHEMICALS
5. Draft Government Regulation on the list of scheduled psychoactive substances
6. The draft government regulation schedules 9 semisynthetic cannabinoids and another 123 new psychoactive substances into the group of scheduled psychoactive substances, due to abuse or a possible threat to the health of the population of the Czech Republic, for the purpose of further investigation of their properties.
7.
8. In the first half of 2024, an amendment to Government Regulation No 463/2013 on the schedules of addictive substances added the semisynthetic cannabinoids HHC, HHC-O, and THCP to the schedule of addictive substances, which caused intoxication mainly among children and juveniles at the beginning of 2024. In the course of the year, additional semi-synthetic cannabinoids were proposed for scheduling, with a time limit until the end of 2024, as from 1 January 2025, a new piece of legislation was envisaged to address the issue of semi-synthetic cannabinoids by redefining so-called psychomodulatory and scheduled psychoactive substances. With the entry into force of Act No 321/2024 amending Act No 167/1998 on addictive substances and amending certain other acts, as amended, and other related acts (hereinafter the ‘Act’), it is therefore possible from 1 January 2025, subject to the conditions laid down in the Act, to schedule the aforementioned substances in the group of scheduled psychoactive substances, which, in accordance with § 33k of the Act, will enable assessment of risk, more precisely of their impact on the health of the population, and at the same time prevent the criminalisation of the possession of these substances by natural persons.
Keywords:
semisynthetic cannabinoids, psychomodulatory substances, addictive substances
Act No 167/1998 is uploaded to the TRIS database, as amended up to 31. 12. 2024 and as amended effective from 1. 1. 2025.
9. New psychoactive substances that meet the definition of a classified psychoactive substance in accordance with § 2(s) of Act No 167/1998 on addictive substances and amending certain other acts, as amended from 1 January 2025 (hereinafter the ‘Act’) and in accordance with § 33i of the Act, may be scheduled in the Annex to the Government Regulation, more precisely in the list of scheduled psychoactive substances. The Ministry of Health proposes to the Government to schedule the new psychoactive substance in cooperation with the State Health Institute and the Office of the Government of the Czech Republic, and the proposal includes a rapid evaluation of the newly scheduled psychoactive substances.
The newly scheduled 132 substances fulfil the condition set out in the Act, as, based on the current scientific knowledge, serious health and social risks cannot be ruled out, and therefore it is necessary to research them and it is desirable to carry out a risk assessment in accordance with § 33k of the Act.
10. References to basic texts: 2024/0645/CZ
The basic texts were forwarded within an earlier notification:
2024/0645/CZ
11. Yes
12. The reason for submitting the proposal is the scheduling of semisynthetic cannabinoids (HHC, THCP, HHCP, HHCH, HHCB, THCH, THCB, THC-C8, HHC-C8 and their esters) in the new list of scheduled psychoactive substances. These substances were included in the schedule of addictive substances this year, with a time limit until 31 December 2024, due to the discussion of an amendment to Act No 167/1998 on addictive substances, as amended, and other related acts (the ‘amendment to the Act’), which newly regulates the establishment of two further lists by government regulation, namely a list of scheduled psychoactive substances and a list of psychomodulatory substances, which will serve as a more adequate instrument to regulate some of these substances. In view of the fact that this amendment to the Act will enter into force on 1 January 2025, it is possible to transfer these substances to the list of scheduled psychoactive substances.
Another objective of the draft Government Regulation is the scheduling of 123 new psychoactive substances in the list of scheduled psychoactive substances, so as to enable their further investigation and risk assessment in accordance with § 33k of the Act. It is essential that scheduled substances be included in the list of scheduled psychoactive substances as soon as possible, in order to avoid an undesirable consequence, i.e. that rescheduled substances remain unregulated, as this situation has previously posed a threat to the health of children and adolescents in the Czech Republic. In order to prevent the undesirable development of the market for these substances in the Czech Republic, which could endanger the health of the population, while allowing for adequate investigation and evaluation.
13. No
14. No
15. Yes
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
