Repeal of Decision 2005/387/JHA
Article 3
1
Decision 2005/387/JHA is repealed with effect from 23 November 2018.
2
Notwithstanding paragraph 1, Decision 2005/387/JHA shall continue to apply to new psychoactive substances in respect of which a joint report, as referred to in Article 5 of that Decision, has been submitted before 23 November 2018.
3
The Commission shall adopt delegated acts in accordance with paragraphs 4 to 8 of this Article amending the Annex to Framework Decision 2004/757/JHA in order to add to it new psychoactive substances as referred to in paragraph 2 of this Article.
4
The power to adopt delegated acts referred to in paragraph 3 shall be conferred on the Commission for a period of two years from 22 November 2017.
5
The delegation of power referred to in paragraph 3 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.
6
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
7
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
8
A delegated act adopted pursuant to paragraph 3 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 of the Council.