A more proportionate system: It is intended that the new system will allow for a graduated approach where substances posing a moderate risk will be subject to consumer market restrictions and substances posing high risk to full market restrictions. Only the most harmful substances posing severe risks to consumers’ health will be submitted to criminal law provisions, as in the case of illicit drugs. This is a significant departure from the current system since it only provides for binary options – taking no action at EU level or imposing full market restrictions and criminal sanctions. This lack of options means that at present, the Union does not take action in relation to some harmful substances. It is hoped that the new system will allow the Union to tackle more cases and deal with them more proportionately, by tailoring its response to risks involved and taking into account legitimate commercial and industrial uses.
- Proportionality of sentencing