This document is meant purely as 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
"M2 Council Regulation (EC) No 2220/2000 of 28 September 2000 L 253 1 7.10.2000
Corrected by:
"C1 Corrigendum, OJ L 121, 1.5.2001, p. 48 (2220/2000)1993R0302 — EN — 07.10.2000 — 002.002 — 1
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 Economic Community,
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 European
Council:
— ratified the ‘Guidelines for a European Plan to Combat Drugs’ submitted
to it by the European Committee to Combat Drugs (Celad), and inparticular the recommendation that ‘a study be conducted by experts onthe existing sources of information, their reliability and their usefulness,
and on the need for and possible scope of a European Drugs Monitoring
Centre and the financial implications of setting up such a Centre, on theunderstanding that the brief of this Centre would cover not only the socialand health aspects but also other drugs-related aspects, including
trafficking and repression’,
— stressed that it was the responsibility of each Member State to develop an
appropriate drug demand reduction programme and considered that
effective action by each Member State, supported by joint action of the
Twelve and the Community, should be a main priority over the comingyears;
Whereas the findings of the feasibility study on the Centre and the European
Plan to Combat Drugs submitted to the Rome European Council 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 Monitoring Centre
on the understanding that the practical arrangements for its implementation,
e.g. its size, institutional structure and computer systems, are still to bediscussed and instructed Celad to continue work to that end and bring itrapidly to a successful conclusion, in liaison with 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 employ all
means to ensure that the act setting up the European Drugs Centre could 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 and Psychotropic
Substances, hereinafter referred to as the ‘Vienna Convention’, and deposited
a declaration of competence regarding Article 27 thereof (5);
Whereas the Council adopted Regulation (EEC) No 3677/90 (6) for the
implementation by the Community of the system provided for in Article 12 of
the aforementioned Vienna Convention for monitoring trade in certain
substances;
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 money
laundering (7), which aims in particular to combat drug trafficking;!B
(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).
(7) OJ No L 166, 28. 6. 1991, p. 77.1993R0302 — EN — 07.10.2000 — 002.002 — 2
Whereas objective, reliable and comparable information concerning drugs,
drug addiction and their consequences is required at Community level to helpprovide the Community and the Member States with an overall view and thusgive them added value when, in their respective areas of competence, they
take measures or decide on action to combat drugs;
Whereas the drug phenomenon comprises many complex and closely
interwoven aspects which cannot easily be dissociated; whereas, therefore,the Centre should be entrusted with the task of furnishing overall information
which will help to provide the Community and its Member States with an
overall view of the drug and drug addiction phenomenon; whereas this taskshould not prejudice the allocation of powers between the Community and itsMember States with regard to the legislative provisions 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 the comparability andcompatibility of sources and methods in connection with drug information;
Whereas the information compiled by the Centre will concern priority areas
whose content, scope and implementing arrangements should be defined;
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 (
1), the Council and the Ministers for Health of
the Member States meeting within the Council invited the Commission 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 the EuropeanDrugs 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 organi-
zations and bodies supplying information of this kind, and whereas the Centre
should be able to carry out its tasks in close cooperation with them;
Whereas the Centre must have legal personality;Whereas it is necessary to ensure that the Centre carries out its information
task and to confer jurisdiction for this purpose on the Court of Justice;
Whereas it is desirable to recognize the possibility of opening the Centre to
non-Community countries which share the interest of the Community and the
Member States in the attainment of these objectives, under agreements to be
concluded between them and the Community;
Whereas this Regulation could, if necessary, be adapted after a three-year
period with a view to a decision on the possible extension of the Centre’s
tasks, taking into account, in particular, the evolution of Community powers;
Whereas, for the adoption of this Regulation the Treaty provides for no
powers to act other than those laid down in Article 235,
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 ‘the Centre’.
2. The Centre’ s objective is to provide, in the areas referred to in Article 4,
the Community and its Member States with objective, reliable andcomparable information at European level concerning drugs and drug
addiction and their consequences.!B
(1) OJ No C 185, 22. 7. 1989, p. 1.1993R0302 — EN — 07.10.2000 — 002.002 — 3
3. The statistical, documentary and technical information processed or
produced is intended to help provide the Community and the Member Stateswith an overall view of the drug and drug addiction situation when, in theirrespective areas of competence, they take measures or decide on action.
4. Without prejudice to Article 2(D)14, 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. It shall refrain from any
transmission 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
It shall:
1. collect, register and analyse information, including data resulting
from research, communicated by Member States as well as that
emanating from Community, non-governmental national sources and
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 hoc working
parties for the purpose; it shall set up and make available openscientific documentation resources and assist in the promotion of
information activities;
3. provide an organizational and technical system capable of supplying
information on similar or complementary programmes or actionpursued by the Member States;
4. establish and coordinate, in consultation and in cooperation with the
competent authorities and organizations in the Member States, thenetwork referred to in Article 5;
5. facilitate exchanges of information between decision-makers,
researchers, specialists and those involved in combating drugs in
governmental 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 criteria of anon-binding nature, compliance with which may be recommended bythe Centre, with a view to greater uniformity of the measurement
methods used by the Member States and the Community;
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;
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 report on the
state of the drugs problem;
D.Cooperation with European and international bodies and organizations
and with non-Community countries
11. contribute to improving coordination between national and Commu-
nity action in its areas of activity;!B
!M2
!B1993R0302 — EN — 07.10.2000 — 002.002 — 4
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 of data ondrugs and drug addiction gathered in the Member States or
emanating from the Community into international monitoring and
drug-control programmes, particularly those established by theUnited Nations Organization and its specialized agencies;
13. cooperate actively with the bodies referred to in Article 12;
14. It may transfer in applicant countries and in countries eligible for the
PHARE programme, at the request of the Commission of the
European Communities, its know-how and assist in the creation and
reinforcement of structural links with the Reitox network and thesetting up and the consolidation of the national focal points.
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 and withdue regard to the available resources.
2. In pursuing its activities, the Centre shall, in order to avoid duplication,
take account of those already carried out by other existing or futureinstitutions and agencies, notably the European Police Office (Europol), andshall 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 the Annex.
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 network forming theinfrastructure for collecting and exchanging information and documentation;
the network shall make use of, inter alia, an autonomous computer system
linking the national drug information networks, the specialized centres inMember States and the information systems of the international or Europeanorganizations or bodies cooperating 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 of the entry into forceof this Regulation, notify the Centre of the main elements of their national
information networks, including where appropriate the national monitoring
centres, in the areas of activity mentioned in Article 4 and name anyspecialized Centres which in their judgment could make a useful contributionto 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 unanimous decision ofthe members of the management board, as referred to in the second
subparagraph of Article 8 (2), for a period not exceeding the duration of each
multiannual work programme as referred to in Article 8 (3). This designationshall be renewable.
4. The Centre may, with the consent of the Member State in whose territory
the centres are located, enter into contractual relations, in particularsubcontracting arrangements, with governmental or non-governmental
specialized centres as referred to in paragraph 3, in order to fulfil any tasks
which it may wish to entrust to them. With the consent of the respectiveMember States, it may also enter into contracts, on an ad hoc basis and for
specific tasks, with bodies which are not part of Reitox.
5. The allocation of specific tasks to the specialized centres shall appear in
the Centre’ s multiannual programme mentioned in Article 8 (3).!B
!C1
!B1993R0302 — EN — 07.10.2000 — 002.002 — 5
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 Centre in accordancewith national law, such data may be used only for the stated purpose and underthe conditions prescribed by the forwarding authority. This shall apply mutatis
mutandis where personal data are communicated by the Centre to the
competent authorities of the Member States or to international organizationsand other European institutions.
2. Data on drugs and drug addiction provided to or by the Centre may be
published subject to compliance with Community and national rules on the
dissemination and confidentiality of information. Personal data may not bepublished 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 their national 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 under their laws; in
particular, it may purchase or dispose of movable and immovable 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 the
Commission and two scientists particularly qualified in the field of drugs,designated by the European Parliament on the basis of their particularqualification 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, the alternative membermay exercise his right to vote. The management board may call in asnon-voting observers representatives of international organizations with
which the Centre cooperates in accordance with 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 renewable once. Thechairman shall take part in the voting. Each member of the management board
shall have one vote.
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), forwhich a unanimous decision by the members is required, and in paragraph 3of this Article.
The management board shall draw up its own rules of procedure.
The management board shall meet at least once a year.3. The management board shall adopt a three-year work programme on the
basis of a draft submitted by the Centre’ s Director, after consulting theScientific Committee and seeking the opinions of the Commission and of the
Council. The first three-year programme shall be adopted unanimously,
within nine months of the entry into force of this Regulation. Themanagement board, acting by a majority of three-quarters of its members,shall decide whether subsequent three-year programmes are to be adopted by
the majority laid down in the second subparagraph 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 basis of a draft
submitted by the Director, after consulting the Scientific Committee and
seeking the Commission’ s opinion. The programme may be adjusted in thecourse of the year in accordance with the same procedure.!B1993R0302 — EN — 07.10.2000 — 002.002 — 6
5. By 31 January each year at the latest, the management board shall adopt
an annual general report on the activities of the Centre. The Director shallforward this report to the European Parliament, the Council, the Commissionand the Member States.
Article 9
Director
1. The Centre shall be headed by a Director appointed by the management
board on a proposal from the Commission for a five-year period, 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 management
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 for in this
Regulation on any scientific matter concerning the Centre’s activities 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 other members
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 least once
a year.
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 the calendar 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, and shall
forward this preliminary draft to the management board together with an
establishment plan.
3. Revenue and expenditure shall be in balance.!B1993R0302 — EN — 07.10.2000 — 002.002 — 7
4. The Centre’s revenue shall, without prejudice to other resources, consist
of a subsidy from the Community entered under a specific heading of thegeneral budget of the European Communities (Commission Section),payments for services rendered and any financial contributions from the
organizations and bodies and non-Community countries 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 to contracts with the
specialized centres.
6. The management board shall adopt the draft budget and forward it to the
Commission, which on that basis shall establish the relevant estimates in the
preliminary draft general budget of the European Communities, which it shall
put before the Council pursuant to Article 203 of the Treaty.
7. The management board shall adopt the Centre’ s final budget before the
beginning of the financial year, adjusting it where necessary to 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’s revenueshall 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 the accounts
for all the Centre’ s revenue and expenditure in respect of the precedingfinancial 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.
12. After receiving the opinion of the Court of Auditors, the management
board shall adopt internal financial provisions laying down in particular thedetailed rules for establishing and implementing the Centre’s budget.
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 the cooperation ofinternational organizations and other, particularly European, governmental
and non-governmental agencies competent in the sector of drugs.
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 those of its MemberStates in the Centre’ s objectives and work, on the basis of agreements entered
into between them and the Community on the basis 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 the interested
parties to observe the rules referred to in Article 6.!B
!M1
!B1993R0302 — EN — 07.10.2000 — 002.002 — 8
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 Communities.
The Centre shall exercise in respect of its staff the powers devolved to the
appointing authority.
The management board shall, in agreement with the 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 shall havejurisdiction pursuant to an arbitration clause contained in a contract concludedby the Centre.
2. In the case of non-contractual liability, the Centre shall, in accordance
with the general principles common to the laws of the Member States, make
good any damage caused by the Centre or its servants in the performance of
their duties. The Court of Justice shall have jurisdiction in disputes relating tocompensating 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 the Treaty.
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 the Communitya progress report on the Centre’s activities, together with proposals, if
appropriate, to modify or extend its tasks, taking into account, 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.!B1993R0302 — EN — 07.10.2000 — 002.002 — 9
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, as thosepowers 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, legislation,activities and agreements);
3. international cooperation and geopolitics of supply (with special emphasis on
cooperation programmes and information on producer and transit countries);
4. control of trade in narcotic drugs, psychotropic substances and precursors, as
provided for in the relevant present or future international conventions andCommunity acts (
1);
5. Implications of the drugs phenomenon for producer, consumer and transit
countries, within areas covered by the Treaty, including money laundering, aslaid down by the relevant present or future Community acts (
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.!B
(1) — The relevant international conventions currently in force include, in
particular, the United Nations Conventions, in so far as the Community isor could become party 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 to
be taken to discourage the diversion of certain subtances to the illicit
manufacture 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 Communitylegislation.
(
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
of the 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 Communitylegislation.1993R0302 — EN — 07.10.2000 — 002.002 — 10