Chapter Ia: Harm reduction

The State may grant aid in the form of public service compensation to operators responsible for managing a service of general economic interest involving the marketing, at a maximum price set by the State, of prevention kits designed to reduce the risks and harm caused to injecting drug users.

An order by the Minister for Health defines the procedures for granting aid to those responsible for placing prevention kits on the market, as well as the maximum price for placing on the market and the specifications describing the characteristics of the equipment that must be complied with.

The person responsible for placing the product on the market is entrusted with the management of the service of general economic interest for a maximum period of ten years.

State financial aid is calculated by applying a unit amount to the quantity of equipment sold, determined in such a way that it does not exceed what is necessary to cover the net costs incurred in placing this equipment on the market at the maximum price set by the State, including a reasonable profit, under the conditions laid down in Article 5 of European Commission Decision 2012/21/EU of 20 December…

If, during an inspection, the Minister for Health finds that the compensation paid exceeds the net costs incurred in providing the service of general economic interest, he will require the party responsible for placing the product on the market to reimburse the overcompensation and the parameters for calculating the compensation will be updated for the future. Where the amount of overcompensation does not exceed 10% of the amount of average…

The aid cannot be combined with any other form of aid granted for the same purpose by the State to those responsible for placing the product on the market.