1993R0302 — EN — 02.01.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 302/93
of 8 February 1993
on the establishment of a European Monitoring Centre for Drugs and Drug Addiction
(OJ L 36, 12.2.1993, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 3294/94 of 22 December 1994 L 341 7 30.12.1994
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COUNCIL REGULATION (EEC)No 302/93
of 8 February 1993
on the establishment of a European Monitoring Centre for Drugs
and Drug Addiction
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, at its meeting in Dublin on 25 and 26 June 1990, the Euro-
pean Council:
— ratified the ‘Guidelines for a European Plan to Combat Drugs'
submitted to it by the European Committee to Combat Drugs(Celad), and in particular the recommendation that ‘a study beconducted by experts on the existing sources of information, theirreliability and their usefulness, and on the need for and possiblescope of a European Drugs Monitoring Centre and the financialimplications of setting up such a Centre, on the understanding thatthe brief of this Centre would cover not only the social and healthaspects but also other drugs-related aspects, including traffickingand repression',
— stressed that it was the responsibility of each Member State to
develop an appropriate drug demand reduction programme andconsidered that effective action by each Member State, supported byjoint action of the Twelve and the Community, should be a mainpriority over the coming years;
Whereas the findings of the feasibility study on the Centre and the
European Plan to Combat Drugs submitted to the Rome EuropeanCouncil on 13 and 14 December 1990 should be borne in mind;
Whereas the European Council, at its meeting in Luxembourg on 28 and
29 June 1991, ‘approved the setting up of a European Drugs MonitoringCentre on the understanding that the practical arrangements for itsimplementation, e.g. its size, institutional structure and computersystems, are still to be discussed and instructed Celad to continue workto that end and bring it rapidly to a successful conclusion, in liaisonwith the Commission and the other relevant political bodies';
Whereas the European Council, at its meeting in Maastricht on 9 and 10
December 1991, ‘invited the institutions of the Community to employall means to ensure that the act setting up the European Drugs Centrecould be adopted before 30 June 1992';
Whereas the Community concluded, by Decision 90/611/EEC (
4), the
United Nations Convention against Illicit Traffic in Narcotic Drugs andPsychotropic Substances, hereinafter referred to as the ‘Vienna Conven-tion', and deposited a declaration of competence regarding Article 27thereof (
5);
Whereas the Council adopted Regulation (EEC) No 3677/90 (6) for the
implementation by the Community of the system provided for in Article12 of the aforementioned Vienna Convention for monitoring trade incertain substances;
(1) OJ No C 43, 18. 2. 1992, p. 2.
(2) OJ No C 150, 15. 6. 1992, p. 54.
(3) OJ No C 223, 31. 8. 1992, p. 26.
(4) OJ No L 326, 24. 11. 1990, p. 56.
(5) OJ No L 326, 24. 11. 1990, p. 57.
(6) OJ No L 357, 20. 12. 1990, p. 1. Regulation, as amended by Regulation
(EEC) No 900/92 (OJ No L 96, 10. 4. 1992, p. 1).
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Whereas the Council adopted Directive 91/308/EEC of 10 June 1991 on
prevention of the use of the financial system for the purpose of moneylaundering (
1), which aims in particular to combat drug trafficking;
Whereas objective, reliable and comparable information concerning
drugs, drug addiction and their consequences is required at Communitylevel to help provide the Community and the Member States with anoverall view and thus give them added value when, in their respectiveareas of competence, they take measures or decide on action to combatdrugs;
Whereas the drug phenomenon comprises many complex and closely
interwoven aspects which cannot easily be dissociated; whereas, there-fore, the Centre should be entrusted with the task of furnishing overallinformation which will help to provide the Community and its MemberStates with an overall view of the drug and drug addiction phenomenon;whereas this task should not prejudice the allocation of powers betweenthe Community and its Member States with regard to the legislativeprovisions concerning drug supply and demand;
Whereas the Centre’s organization and working methods must be
consistent with the objective nature of the results sought, namely thecomparability and compatibility of sources and methods in connectionwith drug information;
Whereas the information compiled by the Centre will concern priority
areas whose content, scope and implementing arrangements should bedefined;
Whereas, during the first three-year period, special attention will be
given to demand and demand reduction;
Whereas, in their resolution of 16 May 1989 concerning a European
network of health data on drug abuse (
2), the Council and the Ministers
for Health of the Member States meeting within the Council invited theCommission to take possible initiatives in this area;
Whereas a European information network on drugs and drug addiction
should be set up, to be coordinated and led at Community level by theEuropean Drugs Monitoring Centre;
Whereas Convention 108 of the Council of Europe for the Protection of
Individuals with regard to Automatic Processing of Personal Date(1981) should be taken into account;
Whereas there already exist national, European and international organ-
izations and bodies supplying information of this kind, and whereas theCentre should be able to carry out its tasks in close cooperation withthem;
Whereas the Centre must have legal personality;Whereas it is necessary to ensure that the Centre carries out its informa-
tion task and to confer jurisdiction for this purpose on the Court ofJustice;
Whereas it is desirable to recognize the possibility of opening the
Centre to non-Community countries which share the interest of theCommunity and the Member States in the attainment of these objec-tives, under agreements to be concluded between them and theCommunity;
Whereas this Regulation could, if necessary, be adapted after a three-
year period with a view to a decision on the possible extension of theCentre’s tasks, taking into account, in particular, the evolution ofCommunity powers;
Whereas, for the adoption of this Regulation the Treaty provides for no
powers to act other than those laid down in Article 235,
(1) OJ No L 166, 28. 6. 1991, p. 77.
(2) OJ No C 185, 22. 7. 1989, p. 1.
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HAS ADOPTED THIS REGULATION:
Article 1
Objective
1. This Regulation establishes the European Monitoring Centre for
Drugs and Drug Addiction (EDMC), hereinafter referred to as ‘theCentre'.
2. The Centre’s objective is to provide, in the areas referred to in
Article 4, the Community and its Member States with objective, reliableand comparable information at European level concerning drugs anddrug addiction and their consequences.
3. The statistical, documentary and technical information processed
or produced is intended to help provide the Community and theMember States with an overall view of the drug and drug addictionsituation when, in their respective areas of competence, they take meas-ures or decide on action.
4. The Centre may not take any measure which in any way goes
beyond the sphere of information and the processing thereof.
5. The Centre shall not collect any data making it possible to identify
individuals or small groups of individuals. Itshall refrain from anytransmission of information relating to specific named cases.
Article 2
Tasks
In order to achieve the objective set out in Article 1, the Centre shall
perform the following tasks within its areas of activity:
A.Collection and analysis of existing data
Itshall:1. collect, register and analyse information, including data resulting
from research, communicated by Member States as well as thatemanating from Community, non-governmental national sourcesand competent international organizations;
2. carry out surveys, preparatory studies and feasibility studies,
together with any pilot projects necessary to accomplish its tasks;organize meetings of experts and whenever necesssary set up ad
hocworking parties for the purpose; it shall set up and make
available open scientific documentation resources and assist inthe promotion of information activities;
3. provide an organizational and technical system capable of
supplying information on similar or complementary programmesor action pursued by the Member States;
4. establish and coordinate, in consultation and in cooperation with
the competent authorities and organizations in the MemberStates, the network referred to in Article 5;
5. facilitate exchanges of information between decision-makers,
researchers, specialists and those involved in combating drugs ingovernmental and non-governmental organizations;
B.Improvement of data-comparison methods
6. ensure improved comparability, objectivity and reliability of data
at European level by establishing indicators and common criteriaof a non-binding nature, compliance with which may be recom-mended by the Centre, with a view to greater uniformity of themeasurement methods used by the Member States and theCommunity;
7. facilitate and structure exchange of information, in terms of both
quality and quantity (databases);
C.Dissemination of data
8. make the information produced by it available to the
Community, the Member States and competent organizations;
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9. ensure wide dissemination of work done in each Member State
and by the Community itself, and, where appropriate, by non-Community countries or international organizations;
10. ensure wide dissemination of reliable non-confidential data, on
the basis of data which it gathers it shall publish a yearly reporton the state of the drugs problem;
D.Cooperation with European and international bodies and organ-
izations and with non-Community countries
11. contribute to improving coordination between national and
Community action in its areas of activity;
12. without prejudice to Member States’ obligations with regard to
transmission of information under the provisions of the UnitedNations Conventions on drugs, promote the incorporation ofdata on drugs and drug addiction gathered in the Member Statesor emanating from the Community into international monitoringand drug-control programmes, particularly those established bythe United Nations Organization and its specialized agencies;
13. cooperate actively with the bodies referred to in Article 12.
Article 3
Work method
1. The Centre shall progressively carry out its tasks in the light of the
objectives adopted in the three-year and annual work programmes andwith due regard to the available resources.
2. In pursuing its activities, the Centre shall, in order to avoid dupli-
cation, take account of those already carried out by other existing orfuture institutions and agencies, notably the European Police Office(Europol), and shall ensure that it adds to their value.
Article 4
Priority areas of activity
The objectives and tasks of the Centre, as defined in Articles 1 and 2,
shall be implemented following the order of priorities indicated in theAnnex.
Article 5
European Information Network on Drugs and Drug Addiction
(Reitox)
1. The Centre shall have at its disposal the European Information
Network on Drugs and Drug Addiction (Reitox), a computer networkforming the infrastructure for collecting and exchanging informationand documentation; the network shall make use of, inter alia, an auto-
nomous computer system linking the national drug informationnetworks, the specialized centres in Member States and the informationsystems of the international or European organizations or bodies coop-erating with the Centre.
2. In order to enable the network to be established as rapidly and
efficiently as possible, the Member States shall, with in six months ofthe entry into force of this Regulation, notify the Centre of the mainelements of their national information networks, including where appro-priate the national monitoring centres, in the areas of activity mentionedin Article 4 and name any specialized Centres which in their judgmentcould make a useful contribution to the Centre’s work.
3. The specialized centres shall be designated with the consent of the
Member State in whose territory they are located, by a unanimousdecision of the members of the management board, as referred to in thesecond subparagraph of Article 8 (2), for a period not exceeding theduration of each multiannual work programme as referred to in Article8 (3). This designation shall be renewable.
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4. The Centre may, with the consent of the Member State in whose
territory the centres are located, enter into contractual relations, inparticular subcontracting arrangements, with governmental or non-governmental specialized centres as referred to in paragraph 3, in orderto fulfil any tasks which it may wish to entrust to them. With theconsent of the respective Member States, it may also enter intocontracts, on an ad hoc basis and for specific tasks, with bodies which
are notpartof Reit ox.
5. The allocation of specific tasks to the specialized centres shall
appear in the Centre’s multiannual programme mentioned in Article 8(3).
Article 6
Protection and confidentiality of data
1. Where on the basis of this Regulation personal data which do not
enable natural persons to be identified are also forwarded to the Centrein accordance with national law, such data may be used only for thestated purpose and under the conditions prescribed by the forwardingauthority. This shall apply mutatis mutandis where personal data are
communicated by the Centre to the competent authorities of theMember States or to international organizations and other Europeaninstitutions.
2. Data on drugs and drug addiction provided to or by the Centre
may be published subject to compliance with Community and nationalrules on the dissemination and confidentiality of information. Personaldata may not be published or made accessible to the public.
3. Member States and the specialized centres shall be under no
obligation to provide information classified as confidential under theirnational legislation.
Article 7
Legal status
The Centre shall have legal personality. It shall enjoy, in each Member
State, the most extensive legal status granted to legal persons undertheir laws; in particular, it may purchase or dispose of movable andimmovable property and may institute legal proceedings.
Article 8
Management Board
1. The Centre shall have a management board consisting of one
representative from each Member State, two representatives from theCommission and two scientists particularly qualified in the field ofdrugs, designated by the European Parliament on the basis of theirparticular qualification in that field.
Each member of the management board may be assisted or represented
by an alternative member. In the absence of the full member, thealternative member may exercise his right to vote. The managementboard may call in as non-voting observers representatives of inter-national organizations with which the Centre cooperates in accordancewith Article 12.
2. The chairman of the management board shall be elected by its
members for a three-year period: his term of office shall be renewableonce. The chairman shall take part in the voting. Each member of themanagementboard shall have one vot e.
The decisions of the management board shall be taken by a two-thirds
majority of its members, except in the cases referred to in Article 5 (3),for which a unanimous decision by the members is required, and inparagraph 3 of this Article.
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The managementboard shall draw up it s own rules of procedure.
The managementboard shall meetatleastonce a year.3. The managementboard shall adopta t hree-year work programme
on the basis of a draft submitted by the Centre’s Director, afterconsulting the Scientific Committee and seeking the opinions of theCommission and of the Council. The first three-year programme shallbe adopted unanimously, within nine months of the entry into force ofthis Regulation. The management board, acting by a majority of three-quarters of its members, shall decide whether subsequent three-yearprogrammes are to be adopted by the majority laid down in the secondsubparagraph of paragraph 2 of this Article or by unanimity.
4. Under the three-year work programme, the management board
shall each year adopt the Centre’s annual work programme on the basisof a draft submitted by the Director, after consulting the ScientificCommittee and seeking the Commission’s opinion. The programmemay be adjusted in the course of the year in accordance with the sameprocedure.
5. By 31 January each year at the latest, the management board shall
adopt an annual general report on the activities of the Centre. TheDirector shall forward this report to the European Parliament, theCouncil, the Commission and the Member States.
Article 9
Director
1. The Centre shall be headed by a Director appointed by the
managementboard on a proposal from t he Commission for a five-yearperiod, which shall be renewable. The Director shall be responsible for:
— preparing and implementing the decisions and programmes adopted
by the Centre’s management board,
— day-to-day administration,— preparing the Centre’s work programmes,— the preparation of a statement of revenue and expenditure and on the
implementation of the budget,
— the preparation and publication of the reports provided for in this
Regulation,
— all staff matters,— performance of the tasks referred to in Article 1 and 2.
2. The Director shall be accountable for his activities to the manage-
ment board and shall attend its meetings.
3. The Director shall be the Centre’s legal representative.
Article 10
Scientific Committee
1. The management board and the Director shall be assisted by a
Scientific Committee which shall deliver an opinion where provided forin this Regulation on any scientific matter concerning the Centre’sactivities which the management board or the Director may submit to it.
The opinions of the Scientific Committee shall be published.2. The Scientific Committee shall consist of one representative from
each Member State. The management board may appoint up to six othermembers having regard to their particular qualifications.
3. Members shall serve on the Scientific Committee for a three-year
period, which shall be renewable.
4. The Scientific Committee shall elect its chairman for a three-year
period.
5. The Scientific Committee shall be convened by its chairman at
leastonce a year.
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Article 11
Budget
1. Estimates shall be drawn up of all the Centre’s revenue and
expenditure for each financial year, which shall correspond to thecalendar year, and shall be entered in the Centre’s budget.
2. By 15 February each year at the latest, the Director shall draw up
a preliminary draft budget covering the operational expenditure and theprogramme of work anticipated for the following financial year, andshall forward this preliminary draft to the management board togetherwith an establishment plan.
3. Revenue and expenditure shall be in balance.4. The Centre’s revenue shall, without prejudice to other resources,
consist of a subsidy from the Community entered under a specificheading of the general budget of the European Communities (Commis-sion Section), payments for services rendered and any financial contri-butions from the organizations and bodies and non-Community coun-tries mentioned in Articles 12 and 13 respectively.
5. The Centre’s expenditure shall include, inter alia:
— staff remuneration, administrative and infrastructure expenses, and
operating costs,
— expenditure in support of the national information networks which
form part of the Reitox network and expenditure relating tocontracts with the specialized centres.
6. The managementboard shall adoptt he draftbudgetand forward it
to the Commission, which on that basis shall establish the relevantestimates in the preliminary draft general budget of the EuropeanCommunities, which it shall put before the Council pursuant to Article203 of the Treaty.
7. The management board shall adopt the Centre’s final budget
before the beginning of the financial year, adjusting it where necessaryto the Community subsidy and the Centre’s other resources.
8. The Director shall implement the budget.9. Monitoring of the commitment and payment of all the Centre’s
expenditure and of the establishment and recovery of all the Centre’srevenue shall be carried out by the Commission’s financial controller.
10. By 31 March each year at the latest, the Director shall forward to
the Commission, the management board and the Court of Auditors theaccounts for all the Centre’s revenue and expenditure in respect of thepreceding financial year.
The Court of Auditors shall examine them in accordance with Article
206a of the Treaty.
11. The management board shall give a discharge to the Director in
respect of the implementation of the budget.
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12. After receiving the opinion of the Court of Auditors, the manage-mentboard shall adoptint ernal financial provisions laying down inparticular the detailed rules for establishing and implementing theCentre’s budget.
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Article 12
Cooperation with other organizations and bodies
Without prejudice to relations which the Commission may maintain
pursuant to Article 229 of the Treaty, the Centre shall actively seek thecooperation of international organizations and other, particularly Euro-pean, governmental and non-governmental agencies competent in thesector of drugs.
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Article 13
Non-Community countries
1. The Centre shall be open to the participation of those non-
Community countries which share the Community’s interests and thoseof its Member States in the Centre’s objectives and work, on the basisof agreements entered into between them and the Community on thebasis of Article 235 of the Treaty.
2. The management board may take a decision on the involvement of
experts proposed by non-Community countries in the ad hoc working
parties provided for in Article 2 (2), subject to an undertaking from theinterested parties to observe the rules referred to in Article 6.
Article 14
Privileges and immunities
The Protocol on the Privileges and immunities of the European
Communities shall apply to the Centre.
Article 15
Staff Regulations
The staff of the Centre shall be subject to the regulations and rules
applicable to the officials and other servants of the European Communi-ties.
The Centre shall exercise in respect of its staff the powers devolved to
the appointing authority.
The managementboard shall, in agreementwit h t he Commission, adopt
the appropriate implementing rules.
Article 16
Liability
1. The contractual liability of the Centre shall be governed by the
law applicable to the contract in question. The Court of Justice shallhave jurisdiction pursuant to an arbitration clause contained in acontract concluded by the Centre.
2. In the case of non-contractual liability, the Centre shall, in accord-
ance with the general principles common to the laws of the MemberStates, make good any damage caused by the Centre or its servants inthe performance of their duties. The Court of Justice shall have jurisdic-tion in disputes relating to compensating for any such damage.
3. The personal liability of servants towards the Centre shall be
governed by the provisions applying to the staff of the Centre.
Article 17
Jurisdiction fo the Court of Justice
The Court of Justice shall have jurisdiction in actions brought against
the Centre under the conditions provided for in Article 173 of theTreaty.
Article 18
Report
During the third year following the entry into force of this Regulation,
the Commission shall forward to the European Parliament and to theCommunity a progress report on the Centre’s activities, together with
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proposals, if appropriate, to modify or extend its tasks, taking intoaccount, in particular, the evolution of Community powers.
Article 19
Entry into force
This Regulation shall enter into force on the day following the decision
of the competent authorities on the seat of the Centre.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
A. The work of the Centre shall be carried out with due regard to the respective
powers of the Community and its Member States in the area of drugs, asthose powers are defined by the Treaty.
The information gathered by the Centre shall relate to the following priority
areas:
1. demand and reduction of the demand for drugs;2. national and Community strategies and policies (with special emphasis
on international, bilateral and Community policies, action plans, legisla-tion, activities and agreements);
3. international cooperation and geopolitics of supply (with special
emphasis on cooperation programmes and information on producer andtransit countries);
4. control of trade in narcotic drugs, psychotropic substances and precur-
sors, as provided for in the relevant present or future internationalconventions and Community acts (
1);
5. Implications of the drugs phenomenon for producer, consumer and transit
countries, within areas covered by the Treaty, including money laun-dering, as laid down by the relevant present or future Communityacts (
2).
B. The Commission shall make available to the Centre, for dissemination, the
information and statistical data which it possesses pursuant to its powers.
C. During the first three-year period special attention will be given to demand
and demand reduction.
(1) — The relevant international conventions currently in force include, in particular,
the United Nations Conventions, in so far as the Community is or could becomeparty to them.
— The relevant Community acts currently in force include in particular Council
Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures tobe taken to discourage the diversion of certain subtances to the illicit manufac-ture of narcotic drugs and psychotropic substances.
— This involves only information which the Member States are obliged to supply
to the Commission on the basis of existing and future Community legislation.
(
2) — Of the relevant Community acts currently in force the one concerning money
laundering is the Council Directive of 10 June 1991 on prevention of the use ofthe financial system for the purpose of money laundering.
— This involves only information which the Member States are obliged to supply
to the Commission on the basis of existing and future Community legislation.