ACT No. V of 2019 AN ACT to amend the Medical and Kindred Professions Ordinance, Cap. 31, and the Dangerous Drugs Ordinance, Cap. 101, to implement Directive (EU) 2017/2103.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

1st March, 2019

ACT No. V of 2019

AN ACT to amend the Medical and Kindred Professions Ordinance,

Cap. 31, and the Dangerous Drugs Ordinance, Cap. 101, to implement

Directive (EU) 2017/2103.

(1) The short title of this Act is the Medical and Kindred Short title and

Professions Ordinance and the Dangerous Drugs Ordinance scope.

(Amendment) Act, 2019 and this Act shall be read and construed as Cap. 31.

one with the Medical and Kindred Professions Ordinance and the Cap. 101.

Dangerous Drugs Ordinance respectively.

(2) This Act implements Directive (EU) 2017/2103 of the

European Parliament and of the Council of 15 November 2017

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.

PART I

Amendments to the Medical and Kindred Professions Ordinance

This Part amends the Medical and Kindred Professions

Ordinance, and it shall be read and construed as one with the Medical

and Kindred Professions Ordinance, hereinafter in this part referred to

as "the Ordinance".

Immediately after article 118 of the Ordinance there shall be

added following new article

118A. (1) For the purposes of this Ordinance and all

regulation and rules thereunder

(a)

"drug" means any of the following

(i) a substance covered by the 1961

United Nations Single Convention on Narcotic

Drugs, as amended by the 1972 Protocol, or

by the 1971 United Nations Convention on

Psychotropic Substances;

(ii) any of the substances listed in the

Annex to the Council Framework Directive

2004/757/JHA;

(b) "new psychoactive substance" means a

substance in pure form or in a preparation that is not

covered by the 1961 United Nations Single

Convention on Narcotic Drugs, as amended by the

1972 Protocol, or by the 1971 United Nations

Convention on Psychotropic Substances which may

pose health or social risks similar to those posed by

the substances covered by those Conventions;

(c) "preparation"

means

a

mixture

containing one or more new

psychoactive

substances.

(2) All necessary actions required for the

implementation of the Council Framework Decision

2004/757/JHA shall be implemented as soon as possible,

but no later than six (6) months after the entry into force

by the act amending the Annex of the said Decision, and

shall include a specific reference to the said Framework

Decision.".

PART II

Amendments to the Dangerous Drugs Ordinance

This Part amends the Dangerous Drugs Ordinance, and it shall Amendments to

be read and construed as one with the Dangerous Drugs Ordinance, the

Drugs

hereinafter in this part referred to as "the Ordinance".

Ordinance.

Sub-article (1) of article 2 of the Ordinance shall be amended Amendment of

article 2 of the

as follows

Ordinance.

(a) immediately after the definition "cocoa leaves" there

shall be added the following new definition

" "drug" means any of the following

(i) a substance covered by the 1961 United

Nations Single Convention on Narcotic Drugs, as

amended by the 1972 Protocol, or by the 1971 United

Nations Convention on Psychotropic Substances;

(ii) any of the substances listed in the Annex

to the Council Framework Directive 2004/757/

JHA;";

(b) immediately after the definition "medicinal opium"

there shall be added the following new definitions

" "new psychoactive substance" means a substance in

pure form or in a preparation that is not covered by the

1961 United Nations Single Convention on Narcotic

Drugs, as amended by the 1972 Protocol, or by the 1971

United Nations Convention on Psychotropic Substances

which may pose health or social risks similar to those

posed by the substances covered by those Conventions;";

and

" "preparation" means a mixture containing one or

more new psychoactive substances;".

Immediately after article 34 of the Ordinance there shall be Addition of new

article 35 to the

Ordinance.

added the following new article

All necessary actions required for the

"Implementation

implementation of the Council Framework Decision

2004/757/JHA shall be implemented as soon as possible

but not later than six (6) months after the entry into force

by the act amending the Annex of the said Decision, and

shall include a specific reference to the said Framework

Decision.".

Passed by the House of Representatives at Sitting No. 201 of the

25th February, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54