1. Twinning Project Implementation of Strategy for Fight Against Drugs in Serbia Kick off and Assessment November 2012 Belgrade

2. Twinning Project Implementation of Strategy for Fight Against Drugs ___________________________ Presented by Werner Sipp Expert Consultant - Germany Towards a Legal Framework for Drug Prevention and Treatment of Drug Addiction - The Way Forward -

3. Twinning Kick off - November 20123 Towards a Legal Framework for Drug Prevention and Treatment of Drug Addiction Existing Regulations and existing Structures Topics to be regulated European Principles and Benchmarks Basic elements

4. Twinning Kick off - November 20124 Existing Regulations in the field of Drug Policy in Serbia Which drug related regulations exist ? Directly linked to drugs Other sectors (health, education etc) Which elements of the existing regulations are relevant for the field of drug prevention and treatment ? Which structures are in place in the field of general prevention and treatment specific drug prevention and treatment ?

5. Twinning Kick off - November 20125 Existing Regulations in the field of Drug Policy in Serbia I. Directly linked to drugs: Law on Controlled Substances (2011) Criminal Code (2005/2009) Article 246: Unauthorized production and circulation of narcotics Article 246 a: Unauthorized keeping of narcotics Article 247: Enabling use of narcotics Article 83: Compulsory Drug Addiction Treatment The Criminal Procedure Code Law on Confiscation of the assets proceeded from crime Laws related to the production and trade of precursors

6. Twinning Kick off - November 20126 Existing Regulations in the field of Drug Policy in Serbia  Not directly linked to drugs, but relevant for Prevention and Treatment :  Laws on Health Care  Laws on Social Assistance, Social Security (Health Insurance etc.)  Laws on Education  Other Laws

7. Twinning Kick off - November 20127 To create this framework, we must: Build on existing Regulations Adapt (and where appropriate modify) existing Laws Close gaps by creating specific Regulations on drug prevention and treatment of addiction Towards a Legal Framework for Drug Prevention and Treatment of Drug Addiction

8. Twinning Kick off - November 20128 Law on Controlled Substances deals predominantly with: The classification of, and supply with psychoactive substances, and the control of psychoactive substances, particularly within the licit trade but also with: Administration of controlled substances in health care

9. Twinning Kick off - November 20129 Law on Controlled Substances Regulations on the demand side: Application of controlled substances in health care, during implementation of health care measures Supervision of controlled substances in order to prevent their illicit use Measures for implementation of program activities for suppression of controlled substances abuse Establishing referent health care institutions for application of controlled substances in treatment and prevention of addiction diseases

10. Twinning Kick off - November 201210 Law on Controlled Substances Conclusion: The Law contains certain institutional elements for prevention and treatment There is a lack of substantial provisions regulating prevention and treatment

11. Twinning Kick off - November 201211 Areas which need to be regulated: Prevention of Drug Abuse Counselling and Early Intervention Treatment of Drug Addiction Harm Reduction Rehabilitation and Reintegration taking into account: The fundamental principles of the European Drugs Strategy and the regulations on this subject which are in force in other European States Substantial Regulations in the field of Demand Reduction

12. Twinning Kick off - November 201212 preventing people from starting to use drugs preventing experimental use becoming regular use early intervention for risky consumption patterns providing treatment programmes providing rehabilitation and social reintegration programmes reducing drug-related health and social damage The European Drugs Strategy Legal system has to provide the framework for a demand reduction system which implies the following measures:

13. Twinning Kick off - November 201213 Regulations in other European Countries There is no „European Model“ for Regulation of Prevention and Treatment Some coutries have special laws focussing exclusively on demand reduction Others include it in a broader legal context Recent laws (mostly from the "new" EU Member States) can serve as “example”

14. Twinning Kick off - November 201214 Topics which have to be regulated: I.General matters II.Prevention III.Treatment IV. Harm Reduction V. Rehabilitation and Reintegration VI. Special provisions for the justice system (courts, prisons) VII. Sanctions/penalties for violating the provisions Legal Framework for Drug Prevention and Treatment of Drug Addiction

15. Twinning Kick off - November 201215 I. General provisions 1. Definitions 2. Guiding principles 3. Relevant institutions / entities / organisations 4. Coordination 5. Strategy and Action Plan 6. Research 7. Financing

16. Twinning Kick off - November 201216 II. Prevention 1. Forms of prevention (primary/secondary prevention) 2. Types and content of prevention activities (educational/informational/vocational; targets) 3. Institutions/organisations/stakeholders in the prevention field 4. Financing of Prevention

17. Twinning Kick off - November 201217 III.Treatment  Definitions: Forms and methods of treatment, aim of treatment  Institutions/organisations/persons providing treatment  Special provisions for Substitution Treatment (ST)  Financing of treatment

18. Twinning Kick off - November 201218 III.Treatment Special provisions for Substitution Treatment List of psychoactive substances expressively admitted for ST Special licence for ST required for medical doctors Registration of all medical doctors with substitution licence and of all cases of ST (in anonymised form) in order to avoid double treatment Maximum quantities of substances to be administered Contraindications and refusal of ST Medical treatment should be combined with psycho-social assistance wherever needed by the patient, Limitation of the number of patients per doctor and/or per healthcare centre (?)

19. Twinning Kick off - November 201219 IV. Harm Reduction Definition of “Harm Reduction” Types of HR measures, interventions and services:

20. Twinning Kick off - November 201220 IV. Harm Reduction Definition of “Harm Reduction” (HR) Programmes and measures aiming primarily at reducing the adverse health and social consequences associated with the use of psychoactive substances “Aid for survival” (GER) Must be an integral part of a comprehensive and coherent continuum of demand reduction measures Must be complementary to prevention, treatment and rehabilitation, must not replace them!

21. Twinning Kick off - November 201221 V. Rehabilitation and Reintegration  Definition: Measures aiming at assisting persons using drugs in participating in social interaction, particularly in work life.  Institutions/organisations providing Rehabilitation and Reintegration (list…) Qualification or certification required:…?  Accessibility for drug users of programmes and measures of Rehabilitation and Reintegration  Special programmes and measures for the Rehabilitation and Reintegration of drug users should be established

22. Twinning Kick off - November 201222 VI. Special provisions for the justice system Principle: Treatment instead of prison Rules for preventing and counteracting of drug addiction in prisons Reintegration into society after prison

23. Twinning Kick off - November 201223 VII. Sanctions/penalties for violating the provisions Acting without required licence or qualification Violation of the rules of Substitution Treatment Other violations….

24. Thank you for your attention Werner Sipp Germany