COMMON POSITION (EC) No 1/96

adopted by the Council on 20 December 1995

with a view to adopting Decision 96/. . ./EC of the European Parliament and of the Council, of . . ., adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health (1996 to 2000)

(96/C 37/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 129 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),

Whereas drug dependence has grown alarmingly in the Member States and has serious implications for the health of individuals and the welfare of the general public;

Whereas, in creating in 1985 a Committee of Inquiry into the problem of drugs in the Member States of the European Community, the European Parliament demonstrated its desire to study in depth the factors which trigger drug demand and enable drugs to continue being produced and distributed;

Whereas in its resolutions (5) concerning this problem the European Parliament formulated a series of proposals with a view, in particular, to Community action on the prevention of drug dependence;

Whereas the European Council, at its meeting in Dublin on 25 and 26 June 1990, 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 coming years;

Whereas the actions undertaken at Community level on the basis of Council resolutions, declarations and conclusions relating to the prevention of drug dependence, and in particular subsequent to the adoption by the European Council, meeting in Rome on 13 and 14 December 1990, of the European Plan to Combat Drugs, have helped to sustain the Member States' efforts;

Whereas the Council, in its resolution of 2 June 1994 (6), in response to the Commission communication of 24 November 1993 on a framework for action in the field of public health, included drug dependence among the priority areas for Community action for which the Commission was invited to bring forward proposals for action;

Whereas Regulation (EEC) No 302/93 (1) established a European Monitoring Centre for Drugs and Drug Addiction to provide the Community and the Member States with reliable and comparable information concerning drugs and drug addiction;

Whereas the declaration on the occasion of the entry into force of the Treaty on European Union adopted by the European Council, meeting in Brussels on 29 October 1993, emphasized that the Treaty provides 'a structured institutional framework, so that in particular greater control can be achieved over those of society's problems that run across frontiers, such as drugs (. . .)';

Whereas the problems associated with the drugs phenomenon are such that they require a fully coordinated and global strategy, as stated by the European Council, meeting in Brussels on 10 and 11 December 1993;

Whereas drug dependence is the only scourge expressly mentioned in the provisions of the Treaty dealing with public health and is therefore a priority for Community action within the framework for action in the field of public health set out by the Commission;

Whereas this programme is one of the essential components of the Commission communication to the European Parliament and the Council of 23 June 1994 on a European Union action plan to combat drugs (1995 to 1999), on which the Council commented in its conclusions of 2 June 1995;

Whereas, by reason of its scale and effects, Community action to encourage support for the prevention of drug dependence will make a better contribution to achieving the desired objectives, which come within the framework of Article 129 of the Treaty, in particular the second subparagraph of paragraph 1 thereof;

Whereas cooperation with the competent international organizations and with non-member countries should be strengthened;

Whereas a multiannual programme should be launched with clear objectives for Community action, and priority actions selected with a view to preventing drug dependence and the associated problems, as well as appropriate evaluation mechanisms;

Whereas the programme should have as its objective to help combat drug dependence by preventing dependence linked to the use of narcotics and psychotropic substances and associated use of other products for the purposes of drug addiction;

Whereas there is a need to improve knowledge of the phenomenon of drugs and drug dependence and their consequences, and of the ways and means of preventing drug addiction and the associated risks;

Whereas there is a need both for general preventive action and for preventive measures focusing on specific target groups, particularly the young and marginal groups, while avoiding stereotypes of drug users;

Whereas it is important that the Commission ensures that this programme is implemented in close cooperation with the Member States; whereas, to that end, provision must be made for a procedure to ensure that Member States are fully involved in implementing the programme;

Whereas agreement on a modus vivendi (2) between the European Parliament, the Council and the Commission concerning measures implementing acts adopted in accordance with the procedure laid down in Article 189b of the Treaty was reached on 20 December 1994;

Whereas, from the operational point of view, the investment made in previous years should be safeguarded and developed;

Whereas, however, possible duplication of effort should be avoided by the promotion of exchanges of experience and by the joint development of basic information modules for the general public, for health education and for training members of the health professions, which may be targeted on specific groups;

Whereas the objectives of this programme and of the measures carried out for its implementation form part of the health protection requirements referred to in Article 129 (1), third paragraph, of the Treaty and are thus a component of other Community policies;

Whereas, in order to increase the value and impact of the programme, a continuous assessment of the measures undertaken should be carried out, with particular regard to their effectiveness and the achievement of objectives both at national level and at Community level, and, where appropriate, the necessary adjustments made;

Whereas this Decision lays down, for the entire duration of the programme, a financial framework constituting the principal point of reference, within the meaning of point 1 of the Declaration by the European Parliament, the Council and Commission of 6 March 1995, for the budgetary authority during the annual budgetary procedure;

Whereas this programme should be of five-year duration in order to give sufficient implementation time to allow actions to achieve the objectives set,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

1. A programme of Community action on the prevention of drug dependence, hereinafter referred to as 'this programme', shall be adopted for the period 1 January 1996 to 31 December 2000 within the framework for action in the field of public health.

2. The objective of this programme shall be to help in combating drug dependence, in particular by encouraging cooperation between Member States, supporting their action and promoting cooperation between their policies and programmes with a view to preventing dependence linked to the use of narcotics and psychotropic substances and associated use of other products for the purposes of drug addiction.

3. The actions to be implemented under this programme and their specific objectives are set out in the Annex under the following headings:

A. Data, research, evaluation

B. Information, health education and training.

Article 2

Implementation

1. The Commission shall ensure the implementation, in close cooperation with the Member States, of the actions set out in the Annex, in accordance with Article 5.

2. The Commission shall cooperate with the institutions and organizations which are active in the field of drug demand reduction.

3. The Member States are called upon to take the measures they judge necessary to coordinate and organize the implementation of this programme at national level.

Article 3

Budget

1. The total appropriation for the implementation of this programme for the period referred to in Article 1 shall be ECU 27 million.

2. The annual appropriations shall be authorized by the budgetary authority within the limits of the financial perspective.

Article 4

Consistency and complementarity

1. The Commission and the Member States shall ensure that there is consistency and complementarity between actions to be implemented under this programme and other relevant Community programmes and initiatives, including the 'Socrates', 'Leonardo da Vinci' and 'Youth for Europe (III)' programmes and the biomedical and health research programme under the Community's framework programme for research.

2. The Commission shall also ensure that in the activities undertaken account is also taken of the work of the European Monitoring Centre for Drugs and Drug Addiction (EDMC). It shall also ensure, together with the Member States, that the Community's priorities and needs are taken into due account in the EDMC's programmes.

3. The Commission and the Member States shall ensure consistency with the European Union's action plan to combat drugs.

Article 5

Committee

1. The Commission shall be assisted by a committee consisting of two members designated by each Member State and chaired by the representative of the Commission.

2. The representative of the Commission shall submit to the committee draft measures concerning:

(a) the committee's rules of procedure;

(b) an annual work programme indicating the priorities for action;

(c) the arrangements, criteria and procedures for selecting and financing projects under this programme, including those involving cooperation with international organizations competent in the field of public health and participation of the countries mentioned in Article 6 (2);

(d) the evaluation procedure;

(e) the arrangements for dissemination and transfer of results;

(f) the arrangements for cooperating with the institutions and organizations referred to in Article 2 (2).

The committee shall deliver its opinion on the draft measures referred to above within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission shall defer application of the measures which it has decided upon for a period of two months from the date of such communication.

The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.

3. In addition, the Commission may consult the committee on any other matter concerning the implementation of this programme.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its opinion recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

4. The Commission representative shall keep the committee systematically informed about:

- financial assistance granted under this programme (amounts, duration, breakdown and beneficiaries),

- Commission proposals or Community initiatives and the implementation of programmes in other areas which are directly relevant to the achievement of the objectives of this programme, with a view to ensuring the consistency and complementarity referred to in Article 4.

Article 6

International cooperation

1. In the course of implementing this programme, cooperation with non-member countries and with international organizations active in the field of public health shall be encouraged and implemented in accordance with the procedure laid down in Article 5.

In particular, the Commission shall cooperate with the Council of Europe's Pompidou Group, with international intergovernmental organizations such as the World Health Organization (WHO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Labour Organization (ILO) and with the United Nations International Drug Control Programme (UNDCP).

2. This programme shall be open to the participation of the associated countries of Central and Eastern Europe (ACCEE) in accordance with the conditions agreed to in the additional Protocols to the Association Agreements, to be concluded with those countries, concerning participation in Community programmes. This programme shall be open to the participation of Cyprus and Malta on the basis of additional appropriations in accordance with the same rules as apply to the EFTA countries following procedures to be agreed with the countries in question.

Article 7

Monitoring and evaluation

1. The Commission, taking into account the reports drawn up by the Member States and with the participation, where necessary, of independent experts, shall ensure that an evaluation is made of the actions undertaken.

2. The Commission shall submit to the European Parliament and the Council an interim report halfway through this programme and a final report on its completion. The Commission shall incorporate the results of the evaluations into these reports. It shall also send them to the Economic and Social Committee and the Committee of the Regions.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 257, 14. 9. 1994, p. 4.

(2) OJ No C 110, 2. 5. 1995, p. 8.

(3) OJ No C 210, 14. 8. 1995, p. 88.

(4) Opinion of the European Parliament of 20 September 1995 (not yet published in the Official Journal), Council common position of . . . (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(5) OJ No C 172, 2. 7. 1984, p. 130.

OJ No C 283, 10. 11. 1986, p. 79.

OJ No C 47, 27. 2. 1989, p. 51.

OJ No C 150, 15. 6. 1992, p. 42.

(6) OJ No C 165, 17. 6. 1994, p. 1.

(1) OJ No L 36, 12. 2. 1993, p. 1.

(2) OJ No C 293, 8. 11. 1995, p. 1.

ANNEX

PROGRAMME OF COMMUNITY ACTION ON THE PREVENTION OF DRUG DEPENDENCE

A. DATA, RESEARCH, EVALUATION

Objective

To improve knowledge of the phenomenon of drugs and drug dependence and its consequences and of means and methods of prevention of drug dependence and the risks relating thereto, in particular by using the information supplied by the EDMC and the possibilities offered by existing Community programmes and instruments.

Actions

1. Help identify the data to be collected, analysed and disseminated for the purposes of this programme, including data on polysubstance dependence.

2. Exploit the most useful data for implementing this programme, on the basis in particular of a regular communication of the work of the EDMC.

3. Help develop a strategy for research on the prevention of drug dependence, in particular for improving knowledge as regards the impact in the public health sphere of policies targeting drug users and on the effects of drugs and the use of appropriate techniques for preventive purposes.

4. Support studies and pilot projects on the socioeconomic, sociocultural and psychosociological factors associated with drug dependence, including those in target groups.

5. Support studies and actions and promote the exchange of experience on ways and means of preventing the risks associated with drug dependence, in particular with a view to:

- preventing, in drug-dependent pregnant women, the effects of drugs on the foetus and the risks of transmitting infections to the child,

- reducing the risks associated with the injection of drugs,

- making an assessment of accompanying health measures, in particular substitution programmes,

- evaluating methods and programmes for prevention and risk reduction in the management of drug-dependent prisoners.

6. Encourage the exchange of information and experience on preventing drug addiction relapses, including the rehabilitation of drug users.

B. INFORMATION, HEALTH EDUCATION AND TRAINING

Objective

Contribute to improving information, education and training aimed at preventing drug dependence and the associated risks, in particular for young people and particularly vulnerable groups.

(a) Information and health education

Actions:

7. Support schemes to evaluate the effectiveness of information and health education campaigns and carry out regular public opinion surveys via Eurobarometer to monitor changes in Europeans' attitudes towards drugs.

8. Organize further European Drug Preventive Weeks on the basis of previous experience.

9. Help identify, test and develop the best information and educational tools and methods for target groups, and in particular:

- encourage the use of information tailored to particular environments or circles, taking account of changes in patterns of use, and products used, and of the phenomenon of polysubstance dependence;

- support schemes to adapt messages to the needs and specific features of particularly vulnerable groups;

- support the development of telephone helpline services and consider the feasibility of introducing a single telephone number for such services in all Member States.

10. Help to define drug prevention guidelines and support the selection and use of teaching methods and materials, in particular within the context of the European network of health-promoting schools, in order to develop attitudes in young people which will enable them to avoid drugs and drug addiction; support integrated projects, programmes and other drug prevention initiatives in places frequented by children and young people, with the participation wherever possible of parents and those concerned.

11. Encourage exchanges of experience on initiatives aimed at improving cooperation between all those involved in the provision of education.

12. Support schemes for advising teachers, families and those responsible for young people on the early detection of the use of drugs and the action to take.

13. In cooperation with the EDMC and the Council of Europe, if need be, encourage the extension of the European network of 'test towns', so as to promote technical cooperation on the ways and means used by these towns to reduce drug demand.

14. Support for exchanges of experience, particularly on a regional cross-border basis, concerning local prevention initiatives. Exchanges of experience on prevention models and practices involving towns in different Member States which are particularly affected by the problem of drugs.

(b) Training

15. Promote initiatives to improve the drug prevention aspect of vocational training programmes for teachers and those responsible for young people and encourage exchanges of students training for the social and health professions, including exchanges under other Community programmes.

16. Support the development of further training programmes, teaching materials and modules for those likely to come into contact with drug users and groups at risk, including in particular social work, health, police and other law-enforcement professionals.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 22 August 1994 the Commission submitted a proposal, based on Article 129 of the Treaty, for a Decision adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health.

2. The European Parliament, the Economic and Social Committee and the Committee of the Regions delivered their opinions, respectively, on 20 September 1995 (1), 22 February 1995 (2) and 16 November 1994 (3).

3. In the light of those opinions, the Commission submitted an amended proposal (4).

4. On 20 December 1995, the Council adopted its common position in accordance with Article 189b of the Treaty.

II. OBJECTIVE OF THE PROPOSAL

The programme proposed, which is regarded by both the Commission and the Council as one of the priorities for action in the field of public health for the next five years, is at the same time one of the essential components of the European Union action plan to combat drugs, for which the guidelines were approved by the Cannes European Council.

The general provisions of the programme are similar to those proposed in respect of other programmes presented in the same context (combating cancer, preventing AIDS and other communicable diseases, improving health).

The activities originally presented in the framework of this programme (Annex), worded in fairly general terms, were grouped under three main headings:

- improving public awareness in particular by means of coordinated transnational actions,

- using opportunities provided in other Community policies, programmes and instruments, when appropriate to prevent and combat drug dependence,

- initiatives and actions relating to young people of school age in relevant environments - home, leisure and school - and the promotion of best practices in this regard.

In its amended proposal, the Commission sets them out in more detail and extends them to:

- groups at risk,

- improving knowledge,

- improving training and cooperation for the purposes of prevention.

III. ANALYSIS OF THE COMMON POSITION

1. General comments

As regards the general features of the programme (Articles), the Council has introduced, in accordance with an approach similar to that followed in other cases in this field, amendments which it felt were necessary to clarify and strengthen the structures and conditions for implementing the programme, and in particular for cooperation between the Commission and the Member States.

As regards the content of the programme (Annex), the Council has adopted a range of actions which is significantly more developed and specific than that originally proposed by the Commission, in agreement with the elements contained in the communication accompanying the Commission proposal, and which are in line with its amended proposal.

2. Specific comments

2.1. Amendments made by the Council to the Commission's amended proposal

The main amendments to the proposal are, as regards the programme's general features, similar to those adopted in the Council's common position for the other programmes proposed in the health field (1) and reflect the considerations set out below. They concern the following aspects.

(a) Establishment of the programme (Article 1)

The aim of the amendments made is to clarify the programme's general objective (paragraph 2) and its structure (paragraph 3).

(b) Implementation (Article 2) and Committee procedure (Article 5 - former Article 4)

The adjustments made to the provisions and procedures for implementing the programme are aimed mainly at:

- identifying more accurately the respective roles and contributions of the various players participating in the implementation of the programme (Article 2),

- reconciling the requirement for flexibility in the management of the programme with the need to involve the Member States more actively in certain important decisions, by a mixed procedure, namely: the management committee procedure for the latter and, for the others, the advisory committee procedure (Article 5 (2) and (3) - in accordance with the interinstitutional modus vivendi referred to in recital 17).

In addition, the systematic provision of information about financial assistance granted and activities in other areas which are directly relevant to the achievement of the objectives of the plan, which is provided for in paragraph 4, meets the need for transparency and effectiveness (in relation particularly with the provision in Article 4).

(c) Total appropriation (Article 3 (1))

The amount adopted - ECU 27 million - which is only very slightly lower than the amount provided for by the Commission, constitutes a balance between the requirement for implementing and monitoring the programme's actions and the need to take account of budgetary discipline.

NB: The relevant provisions (Article 3 and recital 22) comply with the text of the Declaration by the three institutions of 6 March 1995.

(d) Consistency and complementarity (Article 4 - new)

This Article brings together the requirements imposed on the Commission and, where appropriate, the Member States, in the implementation of the programme in connection with:

- the other related programmes and initiatives,

- the European Monitoring Centre for Drugs and Drug Addiction,

- the European Union's action plan to combat drugs.

(e) International cooperation (Article 6)

The Council restricted itself to adjustments (see Article 5 of the proposal) intended to ensure consistency between these provisions and the provision of Article 5 (2) (f) (1) and existing agreements or agreements to be negotiated with the countries concerned (2).

(f) Monitoring and evaluation (Article 7)

The aim of the amendments made to the text (Article 6) is to clarify the conditions for monitoring in general and evaluation in particular.

(g) Annex

While keeping as close as possible to the field of action specified by the Commission in its amended proposal, the Council has adopted a more closely knit structure, more similar to the one adopted for the other programmes mentioned above, concentrating on two major areas of action - and listing their specific objectives - as indicated in Article 1 (3), and, where appropriate, in subheadings, under which the actions are grouped together.

2.2. European Parliament amendments

(a) Amendments agreed to by the Commission

The Commission agreed in full or in part to 20 of the 56 (1) amendments.

In accordance with the structure adopted or with an approach which is less detailed in places, the Council has embodied, in some cases in part, most of the amendments which the Commission agreed to in full or to some extent.

It follows that while the field of action of the programme resulting from the Council's common position is very close to that adopted most recently by the Commission, the presentation and wording differ from those of the European Parliament and the Commission in various respects, in particular:

- as regards amendments 11 to 40 (recitals and Article 2), where the main elements contained in the Commission proposal are included in the Annex to the Decision (specific objectives and actions), in particular:

- amendment 28: see objective B

- amendments 32, 33: see action 5

- amendments 35, 36: see actions 3, 4

- amendment 38: see action 14

while the programme's general objective and the description of the programme's general areas are set out in Article 1 (paragraphs 2 and 3).

The multidimensional nature of the drug problem (see amendment 21 in particular) is affirmed in particular emphasis in recital 9 of the common position.

Some other elements are covered, in substance, as more general implementation aspects:

- amendment 30 (cooperation with the plan) by Article 4 (3);

- amendment 40: both by Article 4 (2) (EDMC) and by Article 2 (2) (NGOs).

In doing this the Council has followed a layout which is closer to that adopted in the framework of other programmes in this area, while avoiding any duplication which might detract from the clarity and applicability of the text;

- as regards the amendments to the Annex to the Decision proper, some aspects - which deal with ways of operating or implementing methods - are also covered in a general way by the provisions of Articles 2, 4 and 6.

The more specific elements of the content are included, as regards their substance, in less detailed form, or in part, as follows:

amendment 49: actions 7 to 9

amendment 61: actions 13 to 16 and 3 and 4

amendment 51: actions 4 to 6 and 9 to 11

amendment 52: actions 4 to 5

amendment 53: action 10.

(b) Amendments not agreed to by the Commission

In general the Council went along with the considerations which resulted in the Commission not agreeing to some of the European Parliament's amendments, either because they went beyond the framework of the programme (3, 4, 7, 17, 37, 39, 55 in part, 60) or the field of Community powers under which they come (1, 5, 8, 10, 13, 14, 24, 56 in part, 57), or introduced wording or elements which were too specific and could be included in another way, elsewhere or implicitly in the framework adopted.

However, among the amendments which the Commission said in its amended proposal that it could not agree to, the following are covered by the text of the Council's common position either in part or in another form:

- amendment 42 (the committee procedure) which, in general, is contained in Article 5 (2) and (3),

- amendment 48, by Article 5 (2) (b),

- amendments 55 and 56, partially covered by actions 3 and 5.

IV. CONCLUSIONS

Although the Council has not agreed to all the amendments submitted by the European Parliament in detailed and specific form, it has adopted a text which, as regards the content of the programme, covers a field of action very close to that adopted by the Commission on the basis of the European Parliament's opinion. As in the case of other similar programmes, it has also endeavoured to clarify presentation and to strengthen its conditions in order to ensure maximum transparency and effectiveness in implementing and monitoring the programme.

(1) Not yet published in the Official Journal.

(2) OJ No C 110, 2. 5. 1995, p. 8.

(3) OJ No C 210, 14. 8. 1995, p. 88.

(4) COM(95) 579 final, COD 94/0135.

(1) The amendments were, moreover, agreed to in most cases by the European Parliament at second reading.

(1) Amendments 15, 22, 31 and 32, in full, and 11, 21, 23, 26, 28, 30, 33, 35, 36, 38, 40, 41, 49, 51, 52 and 61, in part.