COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 463 final 
Brussels, 27 January 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the establishment of a European Drugs Monitoring Centre and a 
European Information Network on Drugs 
and Drug Addiction (REITOX) 
(presented by the Commission) 

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EXPLANATORY MEMORANDUM 
The idea of setting up a European Drugs Monitoring Centre dates 
back to the letter sent on 3 October 1989 by President Mitterrand 
to the Heads of State and Government of the Member States of the 
Community and to the President of the Commission, in which the 
French President proposed a seven-point programme for a future 
European plan to combat drugs. The first of these points was the: 
"Implementation of a common diagnostic approach to drug addiction 
in Europe and the setting up in due course of a monitoring centre". 
The European Committee to Combat Drugs (CELAD), composed of 
representatives of the twelve Member States of the Community and 
the Commission, was set up on 1 December 1989 and undertook work 
which was to lead to the adoption of a European plan to combat 
drugs. The objective of this plan was overall and consistent 
action (covering the reduction of drug demand, anti-trafficking 
measures and international action), at European level, with each 
member of the CELAD (the Member States themselves individually and 
collectively, and the Commission representing the Community as 
such) being called upon, in full respect of their specific areas of 
competence, to step up coordination and cooperation with the other 
Member States and with the Community, and to participate if 
necessary in any joint or Community action deemed appropriate. 
In April 1990, the CELAD's French delegation set out in detail its 
observations on the setting up of a European Drugs Monitoring 
Centre^1). It stressed in particular the need "not to replace 
what already existed, but, as certain partners had undertaken 
nationally, to pinpoint sources, to collect existing information, 
to refine such information and supplement it whenever necessary and 
to study ways of making it compatible and comparable within a 
European perspective". 
(1) Doc. CELAD 37 of 23 April 1990 
4. In May 1990, the CELAD adopted and forwarded to the European 
Council its "Guidelines for a European plan on drugs"^2). In the 
chapter entitled "Preparatory work" of this draft European plan on 
drugs, the CELAD recommended "that a study be conducted by experts 
on the existing sources of information, their reliability and their 
usefulness, and on the need and possible scope of a European Drugs 
Monitoring Centre and the financial implications of setting up such 
a centre, on the understanding that the brief of this centre would 
cover not only the social and health aspects, but also other drugs-
related aspects, including trafficking and repression. 
5. The Dublin European Council (25-26 June 1990) adopted the 
conclusions of the CELAD report and ratified its recommendation 
concerning the monitoring centre. Meeting in Rome on 19-20 July 
1990, the CELAD unanimously decided to ask the Commission to 
conduct a feasibility study on the European Drugs Monitoring Centre 
with the assistance of independent experts. The Commission 
accepted the task and immediately embarked upon the study. A 
preliminary report (Phase 1) was drawn up by the Commission and 
subsequently finalised with the representatives of the Member 
States at a seminar organised by the Commission in conjunction with 
the Spanish government and held in Barcelona on 29-31 October 1990. 
6. This preliminary report defined and analysed the added value of a 
European Drugs Monitoring Centre and identified five thematic 
fields to be covered by such a centre (drug production; legislation 
and strategy to combat drug consumption; trafficking and economic 
and financial implications; medico-social aspects and reduction of 
demand; action on the drugs problem and international cooperation). 
It also itemised the types of missions which such a centre could 
fulfil, the three levels of information which it might have to deal 
with, the conditions of its feasibility, and the national and 
international partners with which it would have to cooperate. It 
also described the approach for working out possible institutional 
options and assess the resources necessary for its establishment, 
taking due account of the need: 
(2) Doc. CELAD 63 of 31 May 1990. 
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to achieve an overall approach to the drugs problem, 
to avoid duplication of effort while systematically exploiting 
existing sources of information, whether national or 
international, governmental or non-governmental, 
to ensure a continuous and stable working method, 
to solve any problems of competence likely to be thrown up by 
the abovementioned objectives. 
This preliminary report by the Commission (Feasibility study, Phase 
I)(3) was ratified by the CELAD at its meeting in Rome on 20-
21 November 1990. The Commission was asked to carry out under the 
Luxembourg presidency (January-June 1991) Phase 2 of the study, 
paying particular attention to the technical, institutional and 
financial feasibility of setting up a European Drugs Monitoring 
Centre, and analysing in depth the potential added value for the 
Member States and the Community of such a Centre. 
The Rome European Council (13-14 December 1990) confirmed the 
CELAD's request to the Commission in two ways: 
firstly, by approving the European plan to combat drugs^4) 
which, in a chapter given over specifically to the proposed 
Monitoring Centre, stated: 
"The CELAD notes with satisfaction the submission by the 
Commission of a preliminary feasibility study on the European 
Drugs Monitoring Centre. It reiterates its interest in the 
possibility of setting up such a Centre and invites the 
Commission to continue its study, paying particular attention 
to the institutional choices to be made and the identification 
of the means required to put it in place. 
The CELAD stresses that various options for a Monitoring Centre 
will need to be proposed which take account of existing sources 
in the individual States and in other international 
organisât ions. 
(3) Doc. CELAD 123 of 14 November 1990 
(4) Doc. CELAD 126 of 22 November 1990 
The CELAD repeats that, in accordance with the progress report ratified 
by the European Council in Dublin, the Centre would address not only 
the social and health aspects» but also other drug-related aspects, 
including trafficking and suppression. It notes with satisfaction that 
the Commission's preliminary study confirms the appropriateness of this 
approach"; 
secondly, in the conclusions of the Rome meeting in which it 
pointed out that it was seeking: 
"a quick decision on the principle of a European Drugs 
Moni tor ing Centre". 
9. Phase II of the feasibility study was carried out by the Commission 
on the basis of these guidelines between January and May 1991. The 
method followed was mainly a study visit by the Commission's 
working team to the twelve Member States and to the main 
international organisations concerned UNIDCP (UN International Drug 
Control Programme), WHO, the Pompidou Group of the Council of 
Europe). On the basis of the findings of Phase I, this method 
yielded a hierarchy of priorities for action expressed by the 
Member States and offered a fairly accurate view of the resources 
and gaps in information on drugs in each Member State or 
international institution, and made it possible to consult non­
governmental organisations concerned and to design a consensus-
based model for the European Drugs Monitoring Centre. This Centre 
is seen as an interactive forum for the pooling and comparison, for 
the Twelve and the Community, of what exists in terms of 
information on drugs, for seeking out and eliminating existing or 
potential duplications of effort. The acknowledgement of the 
worthwhile nature and need for such a centre was thus confirmed by 
all the Member States and by the international organisations 
consulted. 
10. In particular, Phase II of the feasibility study^5) brings out the 
fol lowing points: 
a) The order of importance for the fields of action of the future 
centre is as fol lows: 
(5) Doc. CELAD 47 of 22 May 1991. 
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Pr ior ity 1 : reduction of the demand for drugs (with special 
emphasis on epidemiology, prevention, treatment, 
rehabi I i tat ion) ; 
Priority 2: national and Community strategies and policies 
(with special emphasis on policies, action plans, legislation, 
activities and international, bilateral and Community 
agreements); 
Pr ior i ty 3: international cooperation and geopolitics of supply 
(with special emphasis on cooperation programmes, information 
on producer and transit countries); 
Pr ior i ty 4: drug trafficking (with particular emphasis on 
figures on seizures, information on precursor substances); 
Pr ior i ty 5: the drugs economy (with special emphasis on small 
and medium-scale drug trafficking, laundering of drug money). 
b) In the absence of national monitoring centres in most Member 
States, there is a need to set up a network of existing 
institutions and centres of information and documentation on 
drugs, whether national or international, governmental or non­
governmental; modern techniques are compatible with the 
establishment of an open and accessible network despite the 
heterogeneous nature of criteria, methods, results and 
functions which characterise these institutions; the Council of 
Health Ministers, in its Resolution of 16 May 1989, also urged 
the Commission to submit to it any proposals on the 
establishment of a European network of health information on 
drug addict ion; 
c) if the European Drugs Monitoring Centre - provided it is set 
up, that is - is to produce genuine added value, it has to have 
a secure and stable institutional and financial basis to enable 
it to undertake continuous and long-term work in an overall and 
transversal perspective of the drugs problem and according to 
the action priorities mentioned under a) above; 
d) the study sees three institutional options (Option 1 being to 
have the Observatory as a Commission department; Option 2 
having it as an entity under Community law; and Option 3 having 
it as an independent entity under national law. Of these, the 
"entity under Community iaw" option caters well for the 
constraints enumerated above and for the need to achieve 
transversa I ity in the Centre's work without falling foul of 
boundaries of competence; in actual fact, Community competence, 
which is comparatively restricted at present as regards the 
drugs question, would not warrant the creation of a European 
monitoring centre as defined in Option 1; on the other hand, an 
independent entity under national law would not be able to take 
over Community areas of competence or even those of the Member 
States and could not therefore provide the exhaustive 
information which is essential for taking political decisions 
on drugs issues both at Member States level and at the 
Community level as such; Option I would, moreover, permit 
direct involvement (financial participation and/or secondment 
of national officials) of the Member States and the Commission 
in the running of the Centre; 
e) the Centre should make ample provision for cooperation with 
other organisations and bodies such as the UNIDCP (UN 
International Drug Control Programme), the WHO and the CCC 
(Customs Cooperation Council), the CELAD who took the 
initiative, the Europe Drug Intelligence Unit, EUROPOL, and the 
Council of Europe's Pompidou Group, in order to avoid 
duplication of effort and to get its own priorities in order 
with reference to the work carried out by these bodies, while 
fully respecting the relevant areas of competence; 
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f) the Centre should also, in accordance with a procedure to be 
determined on a case-by-case basis, be open and accessible to 
the participation of non-Community countries which share an 
interest in the subject and problems to be solved, particularly 
neighbouring EFTA countries, central and east European 
countries, Mediterranean countries and Middle Eastern 
countr ies. 
11. On the basis of Phase II of the feasibility study carried out 
throughout by the Commission in close conjunction with the Member 
States, the Luxembourg European Council of 28-29 June 1991, 
following up a CELAD recommendation, decided as follows: 
"It approves the setting up of a European Drugs Monitoring Centre, 
on the understanding that the practical arrangements concerning 
size, institutional structure and informatics organisation, still 
have to be discussed. 
The European Council mandates the CELAD to pursue and rapidly 
complete the necessary work in conjunction with the Commission and 
the other competent political authorities". 
12. The CELAD then carried out a preliminary examination of the 
institutional options at its meeting of 18 July 1991 during which a 
fourth institutional option, viz. that of an "intergovernmental 
entity" was suggested by one Member State, although no final choice 
could be made at that stage of the proceedings. 
At its meeting of 26-27 September 1991, the CELAD again held an in-
depth discussion of the different options proposed. Despite a 
certain number of differences of appreciation by certain Member 
States on the areas of responsibility for the proposed monitoring 
centre and on the range of its tasks, the CELAD came to an 
unanimous conclusion on its work on 27 September, this being as 
fol lows: 
9 -
"The CELAD, having regard to the European Plan to Combat Drugs and 
to the decisions of the European Council, calls upon the Commission 
to draw up for the Council a proposal for the setting up of a 
European Drugs Monitoring Centre based on Option No 2^6^ as 
mentioned in the feasibility study, taking due account of the 
reservations expressed as regards the questions of competence and 
their relationship with the Monitoring Centre's field of activity". 
13. The Commission, in accordance with the guidelines and requests, 
mentioned above, from the European Council and the CELAD, is 
therefore urged to submit to the Council's approval and the opinion 
of the European Parliament and the Economic and Social Committee, 
the draft Council regulation set out below. This draft, based on 
the option "entity under Community law", as described by the 
Commission in its feasibility study and accepted in principle by 
the CELAD on 26-27 September 1991, takes due account of the 
reservations concerning "the questions of competence and their 
relationship with the Centre's field of activity", expressed 
particularly by two Member States within the CELAD, particularly: 
by giving first priority, in order of importance, in the 
Centre's field of priority activities, to the reduction of 
demand for drugs, while maintaining the required degree of 
transversality and transdicipl inarity in its work; 
by making express provision for the gradual implementation of 
the five working priorities identified in the Commission's 
feasibility study and accepted by the Member States; 
by establishing the principle of the unanimous vote on 
decisions taken by the Centre's Management Board concerning the 
non-Community accepts of the Centre's working priority No 4 
(drug traff ick ing); 
by making provision, after an initial three-year period, for a 
review or an extension of the Centre's tasks. 
(6) "Entity under Community law". 
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Proposal for a 
COUNCIL REGULATION (EEC) 
on the establishment of a European Drugs Monitoring Centre and a 
European Information Network on Drugs 
and Drug Addiction (REITOX) 
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 Par I iament^2), 
Having regard to the opinion of the Economic and Social Committee^3), 
Whereas the European Committee to Combat Drugs (hereinafter referred to 
as "the CELAD") recommended in its "Guidelines for a European Plan to 
Combat Drugs" of 31 May 1990 "that a study be conducted by experts on 
the existing sources of information, their reliability and their 
usefulness, and on the need and possible scope of a European Drugs 
Monitoring Centre and the financial implications of setting up such a 
centre, on the understanding that the brief of this centre would cover 
not only the social and health aspects, but also other drugs-related 
aspects, including trafficking and repression"; 
Whereas the European Council in Dublin (25-26 June 1990) ratified the 
guidelines submitted to it by the CELAD; 
Whereas the CELAD unanimously decided at its meeting in Rome on 
19-20 July 1990, to ask the Commission to conduct a feasibility study 
on such a European Drugs Monitoring Centre; 
(1) OJ No 
(2) OJ No 
(3) OJ No 
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Whereas the Commission carried out a preliminary feasibility study on 
the European Drugs Monitoring Centre from July to October 1990, and 
this study was ratified by the CELAD at its Rome meeting of 
20-21 November 1990; 
Whereas the European Council, at its meeting in Rome on 13-14 December 
1990, approved the CELAD's Europe Plan to Combat Drugs in which it 
called upon "the Commission to continue its study, paying particular 
attention to the institutional choices to be made and the 
identification of the means required to put it in place"; 
Whereas the Commission carried out its feasibility study (Phase II) 
between January and May 1991 in close cooperation with the Member 
States individually and with the international organisations concerned 
and the CELAD; 
Whereas the European Council, at its meeting in Luxembourg (28-29 June 
1991), upon the recommendation of the CELAD, "approved the principle of 
the establishment of a European Drugs Monitoring Centre and urged that 
it be set up rapidly"; 
Whereas the CELAD, at its meeting in The Hague on 26-27 September 1991, 
unanimously called upon the Commission to prepare for the Council a 
proposal for the setting up of a European Drugs Monitoring Centre as an 
entity under Community law; 
Whereas collection, processing and analysis of information on drugs at 
the European level are necessary to provide objective, reliable and 
comparable information which will enable the Community and the Member 
States to take the requisite measures to fight against consumption, 
production and trafficking of drugs, to assess the results of such 
measures, and to secure accurate information for the decision-makers 
and the public on this issue-, 
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Whereas against this background it is essential for the Centre to 
contribute to the formulation of a global approach in relation to the 
problem of drugs and drug addiction, and that it must consequently work 
with multi-, inter- and trans-disciplinary methods in order to 
forestall the dispersal of existing information; 
Whereas information on the social and health aspects must be given top 
priority in the Centre's work, without prejudice to the other priority 
fields (including trafficking and repression); 
Whereas these priority fields of work could be phased in gradually; 
Whereas the Monitoring Centre should, through work carried out in a 
single and consistent framework, make a useful contribution and provide 
added weight to decision-making at the political level and to the 
action taken on drugs by the Member States and the Community, and 
whereas this contribution can help fulfil the objectives of the 
Commun i t y ; 
Whereas there are already in the Community and the Member States bodies 
which supply information and services of this kind, and with which the 
Centre should cooperate; 
Whereas a European information network on drugs and drug addiction 
should be set up on the basis of existing sources of information, to be 
coordinated and led at Community level by the Monitoring Centre; 
Whereas, in its Resolution of 16 May 1989, the Council and the 
Ministers of Health of the Member States meeting within the Council, 
called upon the Commission to put forward proposals on a European 
network of health information on drug addiction; 
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Whereas the organisation, structure and status of such a centre should 
correspond to the objective nature of the results sought, i.e. 
comparability and compatibility of sources and methodologies concerning 
information on drugs; 
Whereas it is essential for the Centre to be able to pursue its work in 
close conjunction with national, European and international 
organisations and bodies; 
Whereas the Centre should be granted legal autonomy, while maintaining 
close links with the Community institutions and the Member States, 
which may, when necessary, second staff to the Centre; 
Whereas provision should be made for the Centre to be open to other 
countries which share the concern of the Community and the Member 
States for the objectives of the Centre, particularly neighbouring EFTA 
countries, Central and East European countries, Mediterranean countries 
and Middle Eastern countries, under agreements to be concluded between 
them and the Community; 
Whereas this Regulation should be reviewed after three years with a 
view to deciding on any new tasks for the Centre; 
Whereas the Treaty makes no provision, for the adoption of this 
Regulation, for other powers except those set out in Article 235, 
HAS ADOPTED THIS REGULATION: 
14 
Article 1 
Object ives 
1. This Regulation establishes the European Drugs Monitoring Centre, 
hereinafter referred to as "the Centre", and a European network of 
information on and monitoring of the demand for, supply of and 
traffic in drugs. The seat of the Centre shall be established 
at 
2. The Centre's objective is to provide the Community and its Member 
States with objective, reliable and comparable information at 
European level to enable them to take the necessary national and 
Community steps to reduce the consumption, production and 
trafficking of drugs, in accordance with international conventions 
in this field and with the objectives set in the European Plan to 
Combat Drugs adopted by the European Council. 
3. The Centre shall pursue its work in the field of collection, 
processing, comparison and dissemination of information on drugs 
(including information based on research results) from existing 
Community, government and non-government sources and others to be 
established, in the Member States and in the international 
organisations competent in this field. 
4. The information processed or produced by the Centre is in the first 
instance intended to facilitate and rationalise political decisions 
and action on drugs, both at Member State level individually and at 
Community level. This information is thus, per se. not operational 
and in particular excludes all references and information 
concerning natural persons. 
15 
Art icle 2 
Tasks 
In order to achieve the objectives set in Article 1, the Centre shall: 
1. facilitate and structure the exchange of information, in terms of 
both quality and quantity (data bases), on drugs; 
2. ensure wide dissemination of work done in each Member State and by 
the Community itself, and, where appropriate, by certain non-
Community countries or relevant international organisations; 
3. contribute to improving coordination between national and Community 
action in its areas of activity; 
4. set up and make available open scientific documentation resources; 
5. provide an organisational and technical system capable of supplying 
information on similar or complementary programmes or action 
pursued by the Member States in the field of drugs and drug 
addiction; facilitate exchanges and cooperation between decision 
makers, researchers, information specialists and the protagonists 
concerned by the drugs problem; 
6. establish, in cooperation with the competent authorities in the 
Member States, and coordinate, the network referred to in 
Art icle 4; 
7. make available to the Community and the Member States the objective 
information needed to formulate and implement judicious and 
effective anti-drug policies; 
8. collect, register and analyse information on the state of 
consumption, production and trafficking of drugs in the fields of 
activity described in Article 3; 
16 -
9. organise meetings of experts and set up whenever necessary ad hoc 
working parties to assist it in its work; 
10. help ensure the comparability of information on drugs at European 
level, defining indicators and common criteria to be applied to 
this information, and, if necessary, foster by appropriate means 
better harmonisation of measurement methods; 
11. promote the incorporation of information on drugs at European level 
into international monitoring programmes, particularly those 
established by the United Nations and its specialised agencies; 
12. ensure broad dissemination of reliable non-confidential information 
on drugs, and publish a yearly report on the state of consumption, 
production and trafficking of drugs in the Community; 
13. stimulate the development and use of advanced communication and 
forecasting techniques with regard to trends and patterns of 
consumption, production and trafficking associated with the drugs 
problem; 
14. cooperate actively with the countries, bodies and programmes 
referred to in Articles 11 and 12. 
Article 3 
Priority areas of activity 
1. The Centre's objectives and tasks, as defined in Articles 1 and 2, 
shall cover all the aspects of the problem of drugs and drug 
addict ion. 
Priority shall, however, be given in descending order of importance 
to the following fields of activity: 
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Pr ior i ty 1 : reduction of the demand for drugs (with special 
emphasis on epidemiology, prevention, treatment, 
rehabi I i tat ion) ; 
Priority 2: national and Community strategies and policies 
(with special emphasis on international, bilateral and 
Community policies, action plans, legislation, activities and 
agreements) ; 
Pr ior ity 3: international cooperation and geopolitics of supply 
(with special emphasis on cooperation programmes, information 
on producer and transit countries); 
Priority 4: drug trafficking (with particular emphasis on 
figures on seizures, information on precursor substances); 
Pr ior i ty 5: the drugs economy (with special emphasis on small 
and medium-scale drug trafficking, laundering of drug money). 
2. The Centre's priority areas of work can be phased in gradually in 
the light of the objectives set in the Centre's multi-annual and 
annual work programmes referred to in Articles 7 and 8, and in the 
light of the resources available. 
3. In its areas of activity, the Centre shall not itself carry out 
research or training programmes, with the exception of preparatory 
studies, feasibility studies and pilot initiatives needed to 
prepare and implement its own work. The Centre shall by its work 
promote the dissemination of experience and knowledge available in 
the Member States and from the international organisations 
competent in this field. 
4. In pursuing its activities, the Centre shall seek to provide added 
weight to the activities already carried out by other institutions 
and agencies. 
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Article 4 
European Information Network on Drugs 
and Drug Addiction (REITOX) 
1. The European Information Network on Drugs and Drug Addiction 
(REITOX), shall be the Centre's infrastructure for collecting and 
exchanging information and documentation. It shall comprise: 
the main elements of the national information networks; 
the national focal points or monitoring centres; 
national and international centres which lead the field in this 
context. 
2. In order to permit the establishment of the network as rapidly and 
efficiently as possible, the Member States shall, within six months 
of entry into force of this Regulation, inform the Centre of the 
main elements of their national information networks on drugs, 
particularly in the priority areas referred to in Article 3(1), 
including any institution which in their Judgement could make a 
useful contribution to the Centre's work. 
3. The Member States may in particular designate from among the 
institutions referred to in paragraph 2 or other organisations 
established on their territory, a "national focal point" or 
"monitoring centre" for coordinating and/or forwarding information 
to the Centre and to the institutions and bodies which form part of 
the network, including the centres which lead the field, as 
referred to in paragraph 4. 
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4. The Member States may also, within the period laid down in 
paragraph 2, designate institutions or other agencies, governmental 
or otherwise, established in their territory, which could be given 
the specific task of cooperating with the Centre on certain topics 
or themes of particular relevance to its activities. An agency 
thus designated should be in a position to establish appropriate 
links with the Centre to fulfil a leading role within the network. 
These centres shall cooperate and be linked with one another within 
the REITOX network. The centres fulfilling a leading role shall be 
designated by a unanimous decision of the members of the management 
board referred to in Article 7(2), for a period not exceeding the 
duration of each multi-annual work programme as referred to in 
Article 7(3). This designation shall be renewable. 
5. The allocation of specific tasks to the leader centres shall appear 
in the Centre's multi-annual programme mentioned in Article 7(3). 
6. In the light in particular of the multi-annual work programme, the 
Centre shall periodically re-examine the list of the component 
elements of the network and shall make such changes as may be 
decided on by the management board, taking account of any new 
designations made by the Member States. 
7. The Centre may enter into contractual relations with the 
institutions or bodies referred to in paragraph 4 and which are 
part of the REITOX network, in order to fulfil any tasks which it 
may entrust to them. With regard to the national institutions or 
agencies established on its territory, a Member State may make 
provision for such arrangements with the Centre to be agreed with 
the national focal point or monitoring centre. 
20 -
Article 5 
Confidentiality of information 
Information on drugs and drug addiction provided to or by the Centre 
may be published and shall be made accessible to the general public, 
subject to compliance with the Community and national rules on the 
dissemination and confidentiality of information. 
Article 6 
Legal status 
The Centre shall have legal personality. It shall enjoy, in all the 
Member States, 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 7 
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 persons designated by the European Parliament 
who are particularly qualified in the field of drugs. 
Each member of the management board may be assisted or represented 
by an alternate member. In the absence of the full member, the 
alternate member may exercise his right of vote. The management 
board may call in as non-voting observers, representatives of 
international organisations with which the Centre cooperates, as 
provided for in Article 11(1). 
21 
2. The management board shall be chaired by one of the Commission 
representatives. The Chairman shall not 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 case referred to in 
Article 4(4) and in the case of non-Community elements covered by 
priority 4 mentioned in Article 3(1) in respect of which a 
unanimous decision by the members is required. The management 
board shall draw up its own rules of procedure. The management 
board shall hold its meetings in Brussels until the Centre is 
installed at i ts seat. 
3. The management board shall adopt a multi-annual work programme 
based on the priority areas set out in Article 3(1), using as its 
basis a draft submitted by the Centre's director, referred to in 
Article 8, after consulting the Scientific Committee referred to in 
Article 9, and after receiving the opinion of the Commission and of 
the CELAD. The first multi-annual programme shall be adopted 
within nine months of the entry into force of this Regulation. 
4. Under the multi-annual programme of work, 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 receiving the Commission's opinion. The 
programme may be adjusted in the course of the year in accordance 
with the same procedure. 
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 shall forward this report to the European Parliament, 
the Council, the Commission and the Member States. 
22 -
Article 8 
Director 
1. The Centre shall be headed by a director appointed by the 
management board on a proposal from the Commission, for a period of 
five years 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 Régulât ion, 
all staff matters, 
performance of the tasks referred to in Articles 2 and 3. 
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. 
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Article 9 
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 
pub Iished. 
2. The Scientific Committee shall be made up of 15-25 experts 
particularly qualified in the field of drugs, especially in the 
priority fields of activity referred to in Article 3(1); these 
experts shall be appointed by the management board on the basis of 
proposals from the Member States, the Commission, international 
organisations and European bodies associated in the Centre's work, 
as provided for in Article 11(1). 
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 period of 
three years. 
5. The scientific committee shall be convened by its chairman at least 
twice yearly. 
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Article 10 
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. The director shall each year draw up a draft budget for the Centre 
covering the operational expenditure and the programme of work 
anticipated for the following financial year, and shall forward 
this draft to the management board. 
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 in the general 
budget of the European Communities, payments for services rendered, 
and any financial contributions from the organisations and non-
Community countries mentioned in Articles 11 and 12. 
5. The Centre's expenditure shall include, inter alia, staff 
remuneration, administrative and infrastructure expenses, operating 
costs and expenditure relating to contracts entered into with the 
institutions and bodies which form part of the REITOX network and 
with th ird part ies. 
6. By 15 February each year at the latest, the director shall draw up 
a draft budget for the following financial year and shall forward 
it to the management board, together with an establishment plan. 
7. 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. 
- 25 -
8. 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. 
9. The director shall implement the Centre's budget. 
10. Monitoring of the commitment and payment of all the Centre's 
expenditure and of the establishment and recovery of all the 
Centre's revenue shall be carried out by the financial controller 
appointed by the management board. 
11. 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 preceding financial year. The Court of Auditors shall examine 
them in accordance with Article 206a of the Treaty. 
12. The management board shall give a discharge to the director in 
respect of the implementation of the budget. 
13. After the Court of Auditors has delivered its opinion, the 
management board shall adopt the internal financial provisions 
specifying, in particular, the detailed rules for establishing and 
implementing the Centre's budget. 
Article 11 
Cooperation with other 
organisations and agencies 
The Centre shall actively seek the cooperation of international 
organisations and other European agencies, already in existence or 
to be set up, competent in the sector of drugs, particularly the 
- 26 -
UNIDCP (UN International Drug Control Programme), the WHO (World 
Health Organisation), the CCC (Customs Cooperation Council), the 
CELAD, the European Drug Intelligence Unit, EUROPOL, and the 
Council of Europe's Pompidou Group. 
2. The cooporation referred to in paragraph 1 may give rise to the 
establishment of appropriate links with international organisations 
in accordance with Article 229 of the Treaty. 
Article 12 
Non-member countries 
1. The Centre shall be open to the participation of non-member 
countries which share the European Community's interests and that 
of its Member States in the Centre's objectives and work, on the 
basis of agreements entered into between them and the Community in 
accordance with the procedure set out in Article 228 of the 
Treaty. 
These agreements shall, in particular, set out in detail the nature 
and scope, as well as the procedural aspects, of the participation 
of these countries in the Centre's work, and shall incorporate the 
arrangements covering any financial contributions and the staff 
required to secure this involement. 
2. The management board may take a decision on the involvement of 
experts proposed by non-member countries in the working parties 
provided for in point 9 of Article 2, subject to an undertaking 
from the interested parties to observe the rules referred to in 
Art icle 5. 
Article 13 
Privileges and immunities 
The Protocol on the Privileges and Immunities of the European 
Communities shall apply to the Centre. 
- 27 
Article 14 
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 t ies. 
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 15 
Legal liability 
1. The contractual liability of the Centre shall be governed by the 
law applicable to the contract in question. The Court of Justice 
of the European Communities shall have Jurisdiction pursuant to an 
arbitration clause contained in a contract concluded by 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 
of the European Communities shall be have jurisdiction in disputes 
relating to compensation 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. 
- 28 -
Article 16 
Report 
During the third year following the entry into force of this 
Regulation, the Commission shall forward to the European Parliament and 
to the Council a progress report on the Centre's activities, together 
with, if appropriate, proposals to modify or extend its tasks. 
Article 17 
Entry into force 
This Regulation shall enter into force on the seventh day following 
that of its publication in the Official Journal of the European 
Commun i t i es. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, For the Council 
The President 
- 29 -
FINANCIAL STATEMENT 
SECTION 1 : FINANCIAL IMPLICATIONS 
1 . Title of opérât ion 
Draft Council Regulation establishing a European Drugs Monitoring Centre 
(EDMC) and a European Information Network on Drugs and Drug Addiction 
(REITOX). 
Budget heading involved: 
Item B3.441 of the Commission's preliminary draft budget for 1992 : 
"European Drugs Monitoring Centre and preparatory action". 
(New heading proposed by the Commission following its Decision of 
10 April 1991 on the "Drugs" budget, which was rejected by the Council at 
first reading and re-established by the Parliament at first reading). 
3. Legal basis: 
- Decision of the European Council in Luxembourg (28-29 June 1991) 
- Article 235 of the Treaty of Rome. 
30 -
Description of operation 
4.1 Specific objectives of operation 
The European Council, at its meeting of 13-14 December 1990, adopted 
the European Plan to Combat Drugs drawn up by the CELAD which asked 
the Commission to conduct a feasibility study on a European Drugs 
Monitoring Centre (EDMC). The tasks and information of this proposed 
Centre cover not only the social and health aspects, but also other 
drugs-related aspects, including trafficking and repression. The 
Commission conducted the feasibility study and the European Council 
meeting in Luxembourg on 28-29 June 1991 decided to set up the EDMC. 
The CELAD meeting in The Hague on 26-27 September 1991 urged the 
Commission to prepare for the Council a proposal for the setting up 
of a European Drugs Monitoring Centre on the basis of the 
institutional option of an "entity under Community law". 
The prime objective of the EDMC is to supply the Community and its 
Member States with information which is objective, reliable and 
comparable at European level in order to enable them to take the 
necessary steps nationally and Community-wide to reduce the 
consumption, production and trafficking of drugs. 
In order to attain this objective, the EDMC will have to fulfil the 
tasks set out in Article 2 of the draft Regulation. 
4.2 Durât ion 
The duration of the operation is undefined and will depend on the 
long-term development of drugs traffic and consumption in the 
Communi ty. 
31 
4.3 Target populat ion 
The operation is targeted at the whole population of the Community 
drug addiction is one of the scourges of our society. The number of 
drug addicts in the Community, strictly speaking, is estimated at 
between 1.5 and 2 million. 
5. Classification of expenditure or revenue 
5.1 Non-compulsory expenditure 
5.2 Non-differentiated appropriations 
5-3 Type of revenue involved : 
Ordinary revenue of the EEC (Community Budget) + any revenue deriving 
from services provided by the Monitoring Centre and contributions 
from some non-Community countries. 
6. Type of expenditure or revenue 
6.1 100% subsidy to cover the ordinary budget of the Monitoring Centre, 
in accordance with Article 10(4) of the draft Regulation. 
6.2 Additional subsidies (to be decided on a case-by-case basis and not 
foreseeable in advance) may be available from contributions to the 
Monitoring Centre by non-Community countries and other organisations. 
6.3 Interest subsidy : none. 
6.4 Other : none. 
6.5 Since the Monitoring Centre's aim is not economic, the notion of 
"economic success" is not relevant. 
6.6 The operation falls within the existing (qualitative and 
quantitative) framework of Community revenue. 
- 32 -
7. Financial impact on appropriations for operations (Part B of the Budget) 
7.1 Method of calculating total cost of the operation 
The establishment and running of the Monitoring Centre will 
entail 3 categories of expenditure : 
a) initial capital expenditure to be distributed over the first 
two full years of operation (1993 and 1994); 
b) annual administration and staff expenditure; 
c) annual operational expenditure. 
These three different types of expenditure may be analysed as 
fol lows: 
a) Capital expenditure (initial) 
Monitor ing Centre: 
premises 
furniture, fittings and computer equipment 
central system linking the network nodal points 
accessory electronic facilities 
library and documentation resources. 
Associated centres: 30 centres 
(Member States and organisations) 
hardware 
interconnections. 
b) Administration and staff expenditure (annual) 
The proposed budget corresponds to an estimated staff of 
30 people during the Centre's first three years of 
operat ion. 
- 33 -
From the functional point of view, roughly 50% of these 
(i.e. approx. 15 staff, including the Director) will be 
in charge of the meetings, expert groups and information 
networks which correspond to the priority areas of 
activity referred to in Article 3 of the proposal for a 
Regulation ("advisory and approach" tasks). These staff 
will be assigned as a function of the priority areas 
indicated in Article 2 of the proposal for a Regulation 
and, in view of the importance of the REITOX network 
within the overall arrangement, particularly in the 
initial phases, at least a third (approx. 5) of these 
"advisory and approach" staff must have recognized 
experience, and perhaps even a vocational qualification, 
in computer technology. 
As regards staff status, approximately half of the staff 
including the Director (approx. 15 persons) will be 
established or temporary staff included in the 
Commission's establishment plan. 
The other staff (approx. 15 persons) will be either 
consultants and experts recruited on contracts, or 
nationaI/international officials on secondment to the 
Moni tor ing Centre. 
This need for a combination of staff at the Monitoring 
Centre can be explained both on grounds of the shortage 
of Commission staff available and in terms of the need 
for expertise available only outside the Commission and 
in national/international authorities. 
The remaining administrative expenditure will comprise 
operating and running expenses relating to the central 
structure of the Monitoring Centre and its staff. The 
translation and interpreting required for smooth running 
of the Centre will be carried out by freelances. 
c) Operational expenditure (annual) 
This expenditure will relate to the two types of 
- 34 -
complementary activity carried out by the Centre: the 
organisation of meetings of experts to set up a harmonised 
and standardised information base on drugs and drug addiction 
in Europe, and the establishment and organisation of the 
network on information and documentation centres. It will 
include the following: 
annual meetings of experts from Member States and the 
international organisations associated : 20 meetings. 
external databases 
adaptation and maintenance of the electronic system. 
Taking into account the foregoing, and the expected distribution 
of initial capital expenditure over the three-year start-up 
period, the budget of the Monitoring Centre over a full year of 
operation is likely to be as follows: 
I. Capital expenditure (initial) 
- central infrastructure of the EDMC 700 000 
- decentralised infrastructure of the EDMC 
(associated national centres) 700 000 
I I• Administrative and 
staff expenditure (annual) 
(of which 50% establishment staff/ 
50% contracted and seconded + missions 
freelance translation and interpreting, 
publicat ions) 1 400 000 ECUS 
2 000 000 ECUS 
III- Operational expenditure (annuaI) 
(including 20 meetings « approx. 
75 000 ECUS) 
Grand total for a full year 
in the initial period 1 800 000 ECUS 
5 200 000 ECUS 
35 
7.2 Indicative schedule of commitment and payment appropriations : 
The multiannual schedule takes account of : 
the actual establishment of the Monitoring Centre at the 
beginning of 1993 at the earliest; 
the budget required for 1992 (decision to establish EDMC 
expected in the first half of 1992) is only an operational 
budget (pilot operation possibly entailing the recruitment of 
experts, consultants and some seconded national officials) 
and does not include any new expenditure on establishment 
staff;(1> 
support for the EDMC's decentralised structures will be 
available only when national centres have been designated (in 
1993); 
establishment staff will be recruited at the beginning of 
1993; 
the assignment of the EDMC budget may be reviewed from 1993, 
the first full year of operation. 
the appropriations available for this operation will be 
decided as part of the annual budgetary procedure as a 
function of the overall financial resources availalbe in the 
period 1993-1997 and the current priorities for social 
act ion." 
(1) budget heading B3.441 at present has the entry "p.m.", because the 
decision to set up the Monitoring Centre was not taken by the European 
Council and the CELAD until after the first reading of the Commission's 
Preliminary Draft Budget by the Council and the European Parliament". 
- 36 -
Consequently the proposed multi-annual schedule of the EDMC 
(corresponding to its first three years of existence) is as 
fol lows: 
1992 
CA/PA 
1 600 000 ECUS ±9J2 
CA/PA 
5 200 000 ECUS 1994 
CA/PA 
5 200 000 ECUS 
8. Anti-fraud measures 
Normal measures applied under the Monitoring Centre's and the Community's 
staff regulations. 
- 37 -
SECTION 2 : ADMINISTRATIVE EXPENDITURE 
(Part A of the Budget) 
1• Increase in the number of Commission staff 
Half of the Monitoring Centre staff will be Commission staff (established 
and temporary) and half will be on contract or national or international 
officials on secondment; as a result the number of Commission staff will 
have to be inceased in the 1993 Budget. 
The minimum number of Commission staff (Part A of the Budget) reqired for 
1993 will be as fol lows: 
- 1 permanent post Director of the EDMC (A post) 
- 2 permanent posts Administrators (A posts) 
3 temporary posts Administrators (A posts) 
- 2 temporary posts Computer experts (A posts) 
1 permanent post 
1 permanent post Assistant (B post) 
Documentalist (B post) 
- 5 permanent posts Secretaries (C posts) 
The full complement of establishment staff at the Monitoring Centre in 1993 
would therefore be 
- 3 permanent A posts (including the Director) 
- 5 temporary A posts 
- 2 permanent B posts 
- 5 permanent C posts 
- 38 
2- Amount of staff and administrative expenditure 
A. Staff lââ2 1993 1994 
1 A post 
(Di rector) 95 000 95 000 
7 A posts (incl. 5 temporary) 
(administrators and computer 
experts) 450 000 450 000 
2 B posts 
(assistants) 95 000 95 000 
5 C posts 
(secretar ies) 160 000 160 000 
Total A 800 000 800 000 
B. Administrât ive 
Translat ion 
Pub Iicat ions 400 000 400 000 
Regular adminstrative expenditure 
(incl. missions) 
Total B 400 000 400 000 
Total A + B 1 200 000 1 200 000 
- 39 
SECTION 3 : ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 
1• Objectives and coherence with financial programming 
1.1 Specific objectives of proposed operation : the specific 
objectives of the proposed operation are indicated in Articles 1 
and 2 of the proposal for a Regulation. 
The schedule for the operation is as follows: 
The Council is expected to have adopted the Regulation by 30 June 
1992 at the latest (CELAD Report at European Council in 
Maastr icht); 
The second half of 1992 will be devoted to pilot operations 
involving no administrative expenditure (no official staff in 
place); 
1993 will be the first full year of operation of the Monitoring 
Centre. Its own establishment and external staff will have been 
recruited at the beginning of the year; 
The creation of the infrastructure (central and decentralised) 
will be spread equally over 1993 and 1994; 
The financing schedules are given in paragraphs 7.1.c) and 7.3 
above. 
1.2 Is the operation incorporated in the financial programming of the 
DG for the years concerned? It will be incorporated in the 
financial programming for 1993-1997. 
1.3 Not applicab le. 
- 40 -
2- Grounds for the operation 
The grounds for the operation were presented by the Commission to the 
Member States in the feasibility study on the European Drugs Monitoring 
Centre. The study was approved by the CELAD and the European Councils in 
Rome and Luxembourg. 
The study set out various institutional and financial options. The 
institutional option of an "entity under Community law" was selected by 
the Member States as being the one with the best cost/effectiveness 
rat io. 
Among the financial options, the one outlined in this proposal represents 
the cheapest option proposed in the feasibility study. 
Accordingly the proposal for a regulation offers the best possible 
compromise betwen cost and effectiveness (although in the area concerned 
- drugs - these notions are not applicable in the normal sense). 
3. Monitoring and evaluation of the operation 
3.1 Performance indicators 
For this particular operation the performance indicators can only be 
qualitative. They will gauge the part played by the Monitoring Centre 
in implementing Europe against Drugs and rationalising political 
decision-making at Member State and Community level on drugs. 
3.2 Details and frequency of planned evaluation 
As indicated in Article 7(5) of the proposal for a Regulation, 
the management board will adopt an annual general report each 
year on the activities of the Monitoring Centre. 
Moreover in accordance with Article 16, during the third year 
after entry into force the Commission will forward to the 
European Parliament and the Council any proposals to modify or 
extend the Centre's tasks. 
41 -
3.3 Main factors of uncertainty 
The main factors of uncertainty which could affect the specific 
results of the operation relate to the issues at stake at the 
Maastricht European Council, which may decide to include health and 
suppression of drugs in the Community's new areas of competence. Such 
a decision, if taken, would increase the role and the importance of 
the European Drugs Monitoring Centre in the future. 

ISSN 0254-1475 
COM(91) 463 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-91-537-EN-C 
ISBN 92-77-77943-8 
Office for Official Publications of the European Communities 
L-2985 Luxemboiurg