1997R2046 — EN — 20.11.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No2046/97
of13October1997
onnorth-southcooperation inthecampaignagainstdrugsanddrugaddiction
(OJ L 287, 21.10.1997, p. 1)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCILREGULATION(EC)No2046/97
of13October 1997
on north-south cooperation in the campaign against drugs and
drugaddiction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andinparticular Article 130w thereof,
Having regard to the proposal from the Commission (
1),
Acting in accordance with the procedure laid down in Article 189c of
the Treaty (2),
Whereas the impact onthe structures of a developin g society of an
economy based on the production of drugs, or which derives a substan-
tial revenue from them, undermines a country's smooth integration into
the world economy;
Whereas the breakdown of social structures in developing countries due
to drug consumption and the related industry is detrimental to sustain-able social development and the attainment of the goals of Communitypolicy in the sphere of development cooperation as defined in Article130u of the Treaty;
Whereas as part of the effort to combat the supply of drugs it is essen-
tial, inparticular, to effect a radical reductionof poverty inthe south
and to offer the population a lawful alternative to the growing of illegal
crops;
Whereas institutional support should be given to those developing
countries which so request so that they can combat drugs more effec-tively;
Whereas in a communication to the Parliament and to the Council
dated 23 June 1994, the Commission presented its guidelines for aEuropean Union plan of action on drugs for 1995-1999, including
measures at international level;
Whereas Parliament stated its views on the guidelines in its Opinion on
the communication, adopted on 15 June 1995;
Whereas the Fourth ACP-EC Convention and the cooperation, associa-
tion and partnership agreements concluded by the EuropeanCommunity with developing countries contain clauses on cooperationto curb drug abuse and drug trafficking, the monitoring of trade inprecursors, chemical products and psychotropic substances and theexchange of relevant information, including measures in the field of
money laundering; whereas there is a relationship between the
campaign against drugs and drug addiction and the aims of the coop-eration policy pursued by the Community and its developing-countrypartners;
Whereas the international community's strategy to curb drug abuse and
drug trafficking is based on universal accession to the Single Conven-tion on narcotic drugs of 1961, as amended by the Protocol of 1972,
the Convention on psychotropic substances of 1971 and the Interna-
tional Convention against illicit traffic in narcotic drugs andpsychotropic substances of 1988, and on the systematic implementationof those conventions at national and international level;
Whereas the European Community is a party to the Convention of
1988, in particular by virtue of Article 12 of that Convention, and hasadopted Community legislation based on the recommendations of the1997R2046 — EN — 20.11.2003 — 001.001 — 2
(1) OJ C 242, 19. 9. 1995, p. 8.
(2) Opinion of the European Parliament of 19 April 1996 (OJ C 141, 13. 5.
1996, p. 252), Council Common Position of 22 November 1996, (OJ C 6,
9. 1. 1997, p. 1) and Decision of the European Parliament of 13 March
1997 (OJ C 115/97, 14. 4. 1997, p. 127).
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Chemicals Action Task Force set up by the G7 and the President of the
Commission in 1989, the effectiveness of which would be generallyenhanced by the adoption of the relevant legislation and procedures in
other parts of the world;
Whereas effective action against drugs must also encompass measures
against the laundering of money from drug trafficking, such as theadoption of a suitable legal framework and appropriate mechanisms inthe countries concerned;
Whereas human rights must be duly respected in implementing
measures under this Regulation;
Whereas the Member States of the EuropeanCommun ity have
endorsed the policy statement and general plan of action adopted by
the UN General Assembly at its 17th special session;
Whereas a financial reference amount within the meaning of point 2 of
the Declaration by the European Parliament, the Council and theCommissionof 6 March 1995 is in cluded inthis Regulationfor theperiod 1998-2000, without thereby affecting the powers of thebudgetary authority as they are defined by the Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
In the framework of its development cooperation policy and taking
account of the harmful effects on development efforts of the produc-tion, trading and consumption of drugs, the Community shall carry
out cooperationactivities inthe field of drugs an d drug addictionin
developing countries, giving priority to those which have demonstratedpolitical will at the highest level to solve their drug problem. The exis-tence of such will may be demonstrated inter alia by ratificationof the
Single Convention of 1961 as amended by the Protocol of 1972, the
Convention of 1971 and the Convention of 1988. Commitment on the
part of developing countries shall take the form, inter alia , of the
implementation of domestic legislation against laundering of moneygenerated through illicit drugs.
Article 2
The assistance provided under this Regulation shall complement and
reinforce assistance provided under other instruments of developmentcooperation.
Article 3
The Community shall give priority at the request of a partner country
to supporting the preparation of a national drug control master plan, inclose consultation with the United Nations International Drug Control
Programme (UNDCP). These plans will identify objectives, strategies
and priorities in the campaign against drugs and the related resourcerequirements (including financial requirements), thus establishing anintegrated, multidisciplinary and multisectoral approach designed tomaximize the efficiency of national drug control programmes and inter-national assistance.
The prevention of drug addiction, together with demand reduction,
shall be addressed in a consistent policy comprising education and
objective information about the consequences of addiction, targetedespecially at young people.
Community cooperation shall take place in a spirit of dialogue
reflecting the genuine cultural differences which affect the perceptionof drug-related problems, this being crucial to ensure the social andpolitical viability of drug control strategies.1997R2046 — EN — 20.11.2003 — 001.001 — 3
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Article 4
Preferably operating within the strategic framework established by the
national plans, the Community shall also support specific operationscapable of a measurable impact (i.e. effective and tangible resultswithin a time-limit set in advance) in the following areas:
— development of institutional capacity, in particular for the imple-
mentation of:
— National Drug Control Plans by developing countries,
— agreements between the Community and certain developing
countries, in particular to combat the diversion of chemicalprecursors and to curb money laundering,
— demand reduction, in particular through analysis of local patterns,
the introduction of measures to control trade in and consumptionof narcotics and psychotropic substances, treatment and reintegra-tionof drug addicts, as well as risk limitation . These measuresmust be integrated into policies on health and education, develop-
ment and combating poverty and social and economic exclusion,
— promotion of pilot alternative development projects, conceived as a
process by which the productionof illicit drug crops is even tuallyboth combatted and eliminated through appropriate rural develop-
ment measures in the context of sustained national economic
growth. These projects shall comprise social and economicmeasures which take into account factors contributing to illicitproductionas well as measures which may facilitate improved useof commercial preferences. In this connection, it shall be systemati-
cally examined whether it is possible to make more use of other
Community financial instruments (e.g. ALA) and the EuropeanDevelopment Fund for alternative development projects,
— financing of studies, seminars and fora for the exchange of experi-
ence in the above fields.
Particular attention shall be paid to the participation of local people and
target groups in identifying, planning and carrying out operations.
The Community shall only finance projects in which respect for human
rights is guaranteed.
Article 5
The cooperation partners eligible for financial support under this Regu-
lation shall be regional and international organizations, in particularUNDCP, local- and Member State-based non-governmental organiza-
tions, national, provincial and local government departments and
agencies, community-based organizations, institutes and public andprivate operators.
Article 6
1. The instruments to be employed in the course of the operations
referred to in Articles 3 and 4 shall include studies, technical assis-tance, training or other services, supplies and works, along with auditsand evaluation and monitoring missions.
2. According to the needs of the operations concerned, Community
financing may cover both capital investment, other than the purchase ofreal estate, and operating costs in foreign or local currency. However,with the exception of training programmes, operating costs may
normally be covered only during the start-up phase and on a degressive
basis.
3. A financial contribution from the partners defined in Article 5
shall be sought for each cooperation operation. Their contribution willbe requested withinthe limits of the possibilities available to theparties concerned and depending on the nature of the operationconcerned.
4. A financial contribution from the local partners, particularly in
respect of operating costs, shall be sought as a matter of priority inthe case of projects intended to launch long term activities, so as to1997R2046 — EN — 20.11.2003 — 001.001 — 4
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ensure the viability of such projects once Community funding comes to
anen d.
5. Opportunities may be sought for cofinancing with other fund
providers, and especially with Member States.
6. The Commission will ensure that the Community character of the
aid provided under this Regulation is highlighted.
7. In order to achieve the objectives of consistency and complemen-
tarity referred to in the Treaty and with the aim of guaranteeing
optimum effectiveness of all these operations, the Commission may
take all necessary coordination measures, including in particular:
(a) a system for the systematic exchange and analysis of information
on operations financed and those which the Community and theMember States propose to finance;
(b) on-the-spot coordination of the implementation of operations
through regular meetings and exchange of information between
representatives of the Commission and of the Member States in
the beneficiary country.
8. Inorder to obtainthe greatest possible impact globally an d
nationally, the Commission, in liaison with the Member States, shalltake any initiative necessary for ensuring proper coordination and closecollaboration with the beneficiary countries and the providers of fundsand other international agencies involved, in particular those formingpart of the United Nations system and more specifically the UNDCP.
Article 7
Financial support under this Regulation shall take the form of grants.
Article 8
The financial reference amount for the implementation of this
programme during the period 1998-2000 shall be ECU 30 million.
Annual appropriations shall be authorized by the budgetary authority
within the limits of the financial perspectives.
Article 9
1. The Commission shall be responsible for appraising, approving
and managing operations covered by this Regulation in accordancewith the budgetary and other procedures in force, and in particular
those laid down in the Financial Regulation applicable to the general
budget of the EuropeanCommun ities.
2. Projects and programme appraisal shall take into account the
following factors:
— effectiveness and viability of operations,
— cultural, social, gender and environmental aspects,
— institutional development necessary to achieve project goals,
— experience gained from operations of the same kind.
3. Decisions relating to grants of more than ECU 2 million for indi-
vidual operations financed under this Regulation and any changesresulting in an increase of more than 20 % in the sum initiallyapproved for such anoperationshall be adopted un der the procedurelaid downinArticle 10.
The Commissionshall in form the Committee referred to inArticle 10
succinctly of the financing decisions which it intends to take with
regard to projects and programmes of less than ECU 2 million in value.
The information shall be made available not later than one week beforethe decisionis taken .
4. The Commissionshall be authorized to approve, without recourse
to the opinion of the Committee provided for in Article 10, any supple-mentary commitments needed for covering expected or real costoverruns in connection with the operations, where the overrun or addi-1997R2046 — EN — 20.11.2003 — 001.001 — 5
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tional requirement is less than or equal to 20 % of the initial commit-
ment fixed by the financing decision.
5. All financing agreements or contracts concluded under this Regu-
lationshall provide for the Commissionan d the Court of Auditors toconduct on-the-spot checks according to the usual procedures laid
down by the Commission under the rules in force, and in particular
those of the Financial Regulation applicable to the general budget ofthe EuropeanCommun ities.
6. Where operations are the subject of financing agreements
between the Community and the recipient country, such agreementshall stipulate that the payment of taxes, duties or any other charges isnot to be covered by the Community.
7. Participation in invitations to tender and the award of contracts
shall be open on equal terms to natural and legal persons of the
Member States and of the recipient country. It may be extended to
other developing countries.
8. Supplies shall originate in the Member States, the recipient
country or other developing countries. In exceptional cases, where
circumstances warrant, supplies may originate elsewhere.
9. Particular attention will be given to:
— the pursuit of cost-effectiveness and sustainable impact in project
design,
— the clear definition and monitoring of objectives and indications of
achievement for all projects.
Article 10
1. The Commissionshall be assisted by the geographically-deter-
mined committee competent for development.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion1999/468/EC (
1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid downinArticle 5(6) of Decision1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
4. An exchange of views shall take place once a year on the basis of
a presentation by the representative of the Commission of the generalguidelines for the operations to be carried out in the year ahead, in the
framework of a joint meeting of the committees pursuant to paragraph
1.
Article 11
1. At the end of each budget year, the Commission shall present a
report to Parliament and the Council summarizing the operations
financed in the course of that year and evaluating the implementation
of this Regulationover that period.
The summary shall in particular contain information about those with
whom contracts have been concluded.
2. The Commission shall regularly assess operations financed by the
Community with a view to establishing whether the objectives aimed atby such operations have been achieved and to providing guidelines forimproving the effectiveness of future operations. The Commission shallsubmit to the Committee referred to inArticle 10 a summary of theassessments made which, if appropriate, may be examined by the1997R2046 — EN — 20.11.2003 — 001.001 — 6
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
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Committee. The assessment reports shall be made available to any
Member States requesting them.
3. The Commission shall inform the Member States, at the latest one
month after its decision, of the operations and projects approved,
stating their cost and nature, the recipient country and partners.
Article 12
1. This Regulation shall enter into force on the third day following
that of its publicationinthe Official Journal of the European Commu-
nities.
2. Three years after this Regulation enters into force, the Commis-
sion shall submit to the European Parliament and the Council anoverall assessment of operations financed by the Community underthis Regulation together with suggestions regarding the future of this
Regulation and, where necessary, proposals for amending or termi-
nating it.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1997R2046 — EN — 20.11.2003 — 001.001 — 7