Answer given by Ms Kyriakides on behalf of the European Commission
19.2.2024
Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services[1] requires Member States to notify national measures that could disrupt the fundamental principle of the free movement of goods. It aims to prevent creating barriers in the internal market before they materialise.
Therefore, Member States must notify their legislative proposals to the Commission which assesses these proposals in the light of EU legislation. Other Member States can also issue opinions on notified drafts[2].
As stated in the replies to questions P-004997/2020 and E-000391/2022[3], Member States may allow patients’ access to cannabis-based medicinal preparations for their citizens.
The Commission is aware of the deviating opinions of Member States on the subject. The Commission has no plans to propose further harmonisation within EU legal framework as there is currently no prospect of agreement on a common approach at EU level.