Proposal for a COUNCIL REGULATION on the European Monitoring Centre for Drugs and Drug Addiction (recast)

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Introduction

Council Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction has been amended three times. New amendments are needed in order in particular to extend the Centre's role to include the examination of new trends in drug use involving the combination of legal and illegal substances, to confer evaluation tasks on the Centre and to adapt the operation of the Centre's Management Board and Scientific Committee to take account of enlargement. It therefore seemed appropriate in the interests of clarity to recast the Regulation.

2. Justification for the Commission's proposal

The proposed amendments can be divided into the following categories:

- those designed to boost the Centre's role, in particular to take account of new drug use patterns, especially among young people, who increasingly tend to combine unlawful substances with lawful substances such as alcohol, and to enable the Centre to devise indicators for evaluating drugs policies and strategies implemented in the European Union.

- those designed to adapt the operation of the EMCDDA's bodies in order to take account of enlargement. The Regulation sets up a Steering Committee to assist the Management Board. A review of the composition of the Centre's Scientific Committee is also proposed.

- those designed to harmonise the EMCDDA Regulation with the Regulation on the new Community regulatory agencies.

- those codifying the three amendments to the basic Regulation already adopted by the Council. The first amendment introduced by Council Regulation (EC) No 3294/94 of 22 December 1994 and the last introduced by Council Regulation (EC) No 1651/2003 of 18 June 2003 relate to the harmonisation of the financial provisions applicable to the decentralised Community bodies. The second amendment introduced by Council Regulation (EC) No 2220/2000 of 28 September 2000 extended the EMCDDA's remit, allowing it, at the request of the Commission of the European Communities, to provide technical assistance to the candidate countries.

- those designed to remove a number of uncertainties which emerged when the initial Regulation was applied. In particular, this concerns the reference to the Reitox focal points, instead of the specialised centres.

3. Choice of legal basis

The Regulation on the establishment of a European Monitoring Centre for Drugs and Drug Addiction adopted in 1993 was based on Article 308 of the Treaty (formerly Article 235). This legal basis is maintained, as there is no legal basis in the current Treaty which would cover all the tasks conferred on the Centre, namely studying and disseminating information on all aspects of the problem of drugs and drug addiction and its consequences in order to provide the Community and the Member States with an overview of the drug situation in terms of demand and supply and of the impact of certain measures with regard to their reduction.

3. Content of the proposal (comments on the Articles)

The Council Regulation contains 25 articles. Some are new, others have been adapted or are unchanged. The recitals have been amended where necessary in accordance with the changes to the body of the Regulation. They have been amended with a view to giving concise reasons for the main substantive provisions of the act, and a number of purely declaratory recitals included in the original basic act have consequently been removed.

Article 1 defining the objective of the EMCDDA remains unchanged.

Article 2 lists the tasks of the EMCDDA. It has been adapted. It now stipulates that the EMCDDA's collection, registration and analysis work must also cover data on emerging trends in poly-drug use, including the combined use of legal and illegal psychotropic substances. Furthermore, as regards improving the data comparison methodology, it requires the EMCDDA to devise indicators for evaluating drugs policies and strategies implemented in the European Union. Lastly, the scope of the Centre's technical assistance is extended to all countries authorised by a European Council to take part in Community programmes and agencies.

Article 3 defining the EMCDDA's work method remains unchanged.

Article 4 concerns the EMCDDA's priority areas of activity. The Annex relating to this article has been amended and now specifies the following priority areas of activity for the EMCDDA: monitoring the state of the drugs problem and emerging trends, monitoring the solutions applied to drug-related problems, assessing the risks of new synthetic drugs and maintaining a rapid information system, and monitoring national and Community policies and their impact on the drugs phenomenon.

Article 5 concerns the European Information Network on Drugs and Drug Addiction (Reitox). It has been adapted in order to give legal status to the Reitox national focal points and to define their functions.

Article 6 on the protection and confidentiality of data has been adapted to take account of the change in terminology (national focal points) in Article 5.

Article 7 on access to documents and Article 8 on the Centre's legal status remain unchanged. They have merely been renumbered.

Article 9 concerns the composition and role of the Management Board. It has been amended. In particular, the role of vice-chairman is created. Moreover, since the European Parliament is the discharge authority and in order to avoid any conflict of interests during the annual discharge procedure, it is proposed that the European Parliament no longer be represented on the EMCDDA's management board. However, this provision should enter into force only when the current term of the members representing the European Parliament expires. The non-voting status of the Management Board members representing countries which have concluded agreements pursuant to Article 17 is specified.

Article 10 is a new article setting up a Steering Committee whose role is to prepare the decisions of the Management Board.

Article 11 sets out the role and responsibilities of the Director. It has been amended slightly. It states that the prospective candidate for the post of Director is to be subject to a hearing before the European Parliament before being formally appointed. In addition, it specifies that the Director is responsible for assessing the Centre's work and refers to his participation in meetings of the Steering Committee.

Article 12 is new. It provides for the hearing of the Director before the European Parliament

Article 13 relates to the EMCDDA's Scientific Committee. It has been amended. The Scientific Committee is to be composed of 18 members appointed by the EMCDDA's Management Board, instead of one representative per Member State. This provision has been introduced in order to prevent the Scientific Committee becoming too big after enlargement to the detriment of its efficiency.

Articles 14 and 15 on drawing up and implementing the budget have been amended slightly to take account in particular of the change in terminology (national focal points) introduced in Article 5 and of a change in the numbering of the Articles to which they refer.

Article 16 on cooperation with national and international organisations and bodies has merely undergone a formal adaptation and a clarification of its title.

Article 17 on opening up the Centre to non-Community countries has been amended. The provision allowing the Management Board to decide to involve experts proposed by non-Community countries in the EMCDDA's ad hoc working parties, which has never been used to date, has been removed.

Articles 18, 19 and 20 on privileges and immunities, the status of the staff and the EMCDDA's contractual and non-contractual liability vis-à-vis third parties have merely been renumbered.

Article 21 on the jurisdiction of the Court of Justice has merely been formally adapted and renumbered.

Article 22 on combating fraud is new. It stipulates that with regard to combating fraud the provisions of Regulation (EC) No 1073/1999 concerning investigations conducted by OLAF apply to the EMCDDA.

Article 23 on evaluation reports on the EMCDDA's work has been amended. It now requires an external evaluation of the Centre's work to be conducted every five years. On the basis of this evaluation, the Commission may, if appropriate, present proposals with a view to amending the EMCDDA Regulation.

Article 24 is a new Article repealing the basic 1993 EMCDDA Regulation from the day of entry into force of the recasting act.

Article 25 concerns the entry into force of the recasting act. It has been adapted to take account of the fact that the Centre has a seat.

2003/0311 (CNS)

302/93 (adapted)

Proposal for a COUNCIL REGULATION on the European Monitoring Centre for Drugs and Drug Addiction (recast)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission, [1]

[1] OJ ...

Having regard to the opinion of the European Parliament, [2]

[2] OJ ...

Having regard to the opinion of the European Economic and Social Committee, [3]

[3] OJ ...

Whereas:

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(1) Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction [4] has been substantially amended several times. [5] Since further amendments are to be made, it should be recast in the interests of clarity.

[4] OJ L 36, 12.2.1993, p. 1, as last amended by Council Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).

[5] See Annex II.

302/93 (adapted)

302/93 (adapted)

(2) The European Council, at its meeting in Luxembourg on 28 and 29 June 1991, approved the setting up of a European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) .

302/93 (adapted)

302/93 Recital 7

(3) Objective, reliable and comparable information concerning drugs, drug addiction and their consequences is required at Community level to help provide the Community and the Member States with an overall view and thus give them added value when, in their respective areas of competence, they take measures or decide on action to combat drugs.

302/93 Recital 8

(4) The drug phenomenon comprises many complex and closely interwoven aspects which cannot easily be dissociated; 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. This task should not prejudice the allocation of powers between the Community and its Member States with regard to the legislative provisions concerning drug supply and demand.

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(5) The Joint Action of 16 June 1997 on new synthetic drugs [6] gave the EMCDDA and its Scientific Committee a role in the establishment of a rapid information system and in the assessment of the risks of new substances.

[6] OJ L 167, 25.6.1997, p. 1.

(6) Account must be taken of new methods of use, especially poly-drug use where illicit drugs are taken in combination with licit drugs or medication.

(7) Council Resolution of 15 November 2001 on the implementation of the five key epidemiological indicators on drugs [7] encourages Member States to ensure, making use of the national focal points, the availability of comparable information on the five key epidemiological indicators.

[7] CORDROGUE 67 of 15 November 2001.

(8) It is desirable for the Commission to be able to entrust the EMCDDA directly with the implementation of Community structural assistance projects relating to drug information systems in non-Community countries such as the candidate countries or the countries of the western Balkans which have been authorised by the European Council to participate in Community programmes and agencies.

2220/2000 Recital 8 (adapted)

(9) The structural assistance projects to be implemented by the Centre include in particular activities related to coordination and exchange of information, transfer of know - how, creation and reinforcement of structural links with the European computerised information network on drugs and drug addiction and setting up and consolidation of national focal points.

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(10) Account should be taken of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. [8]

[8] OJ L 8, 12.1.2001, p. 1.

(11) The general principles and limits governing the right of access to documents, as provided for in Article 255 of the Treaty, were laid down by Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents [9] and must also be applied in the Community agencies.

[9] OJ L 145, 31.5.2001, p. 43.

(12) Since the European Parliament is the discharge authority and in order to avoid any conflict of interests during the annual discharge procedure, it is preferable that the European Parliament no longer be represented on the EMCDDA's Management Board.

(13) In view of its size, the Centre's Management Board should be assisted by a Steering Committee.

(14) In order to ensure that the European Parliament is well informed of the state of the drugs phenomenon in the European Union, it must be able to question the Centre's Director.

(15) The Centre's work must be conducted in a transparent fashion and its management must be subject to all existing good governance and anti-fraud rules, in particular Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) [10] and the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF). [11]

[10] OJ L 136, 31.5.1999, p. 1.

[11] OJ L 136, 31.5.1999, p. 15.

(16) An external evaluation of the EMCDDA's work should be conducted on a regular basis, and this Regulation should be adapted accordingly, if needed.

(17) In accordance with the principle of subsidiarity laid down in Article 5 of the Treaty, the objectives of the European Monitoring Centre for Drugs and Drug Addiction cannot be sufficiently achieved by the Member States and can, by reason of the scale or effects of the proposed action, be better achieved at Community level. In accordance with the principle of proportionality laid down in the same Article, this Regulation does not go beyond what is necessary to achieve those objectives.

(18) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

302/93 (adapted)

302/93 (adapted)

HAS ADOPTED THIS REGULATION:

Article 1

Objective

1. This Regulation establishes the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) , 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 and comparable information at European level concerning drugs and drug addiction and their consequences.

3. The statistical, documentary and technical information processed or produced is intended to help provide the Community and the Member States with an overall view of the drug and drug addiction situation when, in their respective areas of competence, they take measures or decide on action.

2220/2000 Art. 1(1) (adapted)

4. Without prejudice to Article 2(d)(iv) , the Centre may not take any measure which goes beyond the sphere of information and the processing thereof.

302/93

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.

302/93 (adapted)

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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

(i) collecting , registering and analysing information, including data resulting from research, communicated by Member States as well as that emanating from Community, non-governmental national sources and competent international organisations; this collection, registration and analysis work shall also cover data on emerging trends in poly-drug use, including the combined use of legal and illegal psychotropic substances;

(ii) carry ing out surveys, preparatory studies and feasibility studies, together with any pilot projects necessary to accomplish its tasks; organising meetings of experts , whenever necessary set ting up ad hoc working parties for the purpose; set ting up and making available open scientific documentation resources and assist ing in the promotion of information activities;

(iii) provid ing an organisational and technical system capable of supplying information on similar or complementary programmes or action pursued by the Member States;

(iv) establish ing and coordinating , in consultation and in cooperation with the competent authorities and organisations in the Member States, the network referred to in Article 5;

(v) facilitating 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

(i) ensuring improved comparability, objectivity and reliability of data at European level by establishing indicators and common criteria of a non-binding nature, compliance with which may be recommended by the Centre, with a view to greater uniformity of the measurement methods used by the Member States and the Community; in particular, the Centre shall devise tools and methods for evaluating drugs policies and strategies implemented in the European Union;

(ii) facilitating and structuring exchange of information, in terms of both quality and quantity (databases).

. (c) Dissemination of data

(i) making the information produced by it available to the Community, the Member States and competent organisations;

(ii) ensuring wide dissemination of work done in each Member State and by the Community itself, and, where appropriate, by non-Community countries or international organisations;

(iii) ensuring wide dissemination of reliable non-confidential data; on the basis of data which it gathers the Centre shall publish a yearly report on the state of the drugs problem.

. (d) Cooperation with European and international bodies and organisations and with non-Community countries

(i) contributing to improving coordination between national and Community action in its areas of activity;

(ii) without prejudice to Member States' obligations with regard to transmission of information under the provisions of the United Nations Conventions on drugs, promoting the incorporation of data on drugs and drug addiction gathered in the Member States or emanating from the Community into international monitoring and drug-control programmes, particularly those established by the United Nations Organization and its specialised agencies;

(iii) cooperating actively with the bodies referred to in Article 16 ;

2220/2000 Art. 1(2) (adapted)

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(iv) transfer ring , at the request of the Commission of the European Communities, its know-how in certain non-Community countries such as the candidates for EU accession or the countries of the western Balkans, and assist ing in the creation and reinforcement of structural links with the network referred to in Article 5 and in the setting-up and the consolidation of the national focal points.

302/93

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 with due 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 future institutions and agencies, notably the European Police Office (Europol), and shall ensure that it adds to their value.

Article 4

Priority areas of activity

302/93 (adapted)

The objectives and tasks of the Centre, as defined in Articles 1 and 2, shall be implemented following the order of priorities indicated in Annex I .

Article 5

European Information Network on Drugs and Drug Addiction (Reitox)

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1. The Centre shall have at its disposal a computerised network called the European Information Network on Drugs and Drug Addiction (Reitox). The network shall consist of one focal point for each Member State and each country which has concluded an agreement pursuant to Article 17 of this Regulation and a focal point for the European Commission. The designation of the national focal points shall be the exclusive responsibility of the countries concerned.

2. The national focal points shall form an interface between the participating countries and the Centre. They shall contribute to the establishment of key indicators and data, including guidelines for their implementation with a view to obtaining reliable and comparable information at European Union level. They shall collect and analyse at national level all relevant information on drugs and drug addiction, as well as on policies and solutions applied. In particular, they shall implement the five epidemiological indicators specified by the Centre.

3. The national authorities shall ensure the operation of their focal point for the collection and analysis of data at national level on the basis of guidelines adopted with the Centre.

4. The specific tasks allocated to the national focal points shall appear in the Centre's three-year programme mentioned in Article 9(3).

5. Without prejudice to the responsibilities of the national focal points, the Centre may have recourse to additional expertise and sources of information, especially transnational networks working in the field of drugs and drug addiction.

302/93

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 accordance with national law, such data may be used only for the stated purpose and under the 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 organisations and 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 be published or made accessible to the public.

302/93 (adapted)

3. Member States and the national focal points shall be under no obligation to provide information classified as confidential under their national legislation.

1651/2003 Art. 1(1) (adapted)

Article 7 Access to documents

1. Regulation (EC) No 1049/2001 shall apply to documents held by the Centre.

2. The Management Board shall adopt the arrangements for implementing Regulation (EC) No 1049/2001 by 1 April 2004 at the latest.

1651/2003 Art. 1(1)

3. Decisions taken by the Centre pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.

302/93 Art. 7

Article 8

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.

302/93 Art. 8 (adapted)

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Article 9

Management Board

1. The Centre shall have a Management Board consisting of one representative from each Member State, one representative from each country which has concluded an agreement pursuant to Article 17 of this Regulation and two representatives from the Commission.

Each member of the Management Board may be assisted or represented by an alternative member. In the absence of a full member who has the right to vote, the alternative member may exercise that right . The Management Board may call in as non-voting observers representatives of international organisations with which the Centre cooperates in accordance with Article 16.

2. The chairman and vice-chairman of the Management Board shall be elected by its members for a three-year period: their term s of office shall be renewable once. The chairman and vice-chairman shall take part in the voting. Each member of the Management Board shall have one vote, except for the members representing the countries which have concluded agreements pursuant to Article 17 of this Regulation.

The decisions of the Management Board shall be taken by a two-thirds majority of the members with a right to vote .The Management Board shall draw up its own rules of procedure.

It 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 the Scientific Committee and seeking the opinions of the Commission and of the Council , and shall forward it to the European Parliament, the Council and the Commission .

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 work programme shall be forwarded to the European Parliament, the Council and the Commission . It may be adjusted in the course of the year in accordance with the same procedure.

1651/2003 Art. 1(2)

5. The Management Board shall adopt the annual report on the Centre's activities and forward it by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States.

6. The Centre shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures.

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Article 10

Steering Committee

The Management Board shall be assisted by a Steering Committee. The Steering Committee shall be made up of the chairman, the vice-chairman, one of the Commission representatives and three representatives of the other members of the Management Board. The latter shall be elected by the Management Board for a period of three years.

The Steering Committee shall meet at least twice a year and whenever necessary to prepare the decisions of the Management Board and to assist and advise the Director. It shall adopt its decisions unanimously.

302/93 Art. 9

Article 11

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.

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The prospective candidate for the post of Director shall be subject to a hearing before the European Parliament before being formally appointed.

302/93 Art. 9 (adapted)

The Director shall be responsible for:

- (a) preparing and implementing the decisions and work programmes adopted by the Centre's Management Board,

- (b) day-to-day administration,

- (c) preparing the Centre's work programmes,

1651/2003 Art. 1(3) (adapted)

- (d) the preparation of the draft estimate of the Centre's revenue and expenditure and the implementation of the budget,

302/93 Art. 9 (adapted)

- (e) the preparation and publication of the reports provided for in this Regulation,

- (f) all staff matters,

- (g) performance of the tasks referred to in Article 1 and 2,

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- -(h) regular assessment of the Centre's work.

302/93 Art. 9

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2. The Director shall be accountable for his activities to the Management Board and shall attend its meetings and the meetings of the Steering Committee .

3. The Director shall be the Centre's legal representative.

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Article 12

Hearing of the Director before the European Parliament

Each year the Director shall submit to the European Parliament the general report on the Centre's activities. The European Parliament may also ask at any time for a hearing with the Director on any subject related to the Centre's activities.

302/93 Art. 10

Article 13

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.

302/93 Art. 10 (adapted)

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2. The Scientific Committee shall consist of at most 18 well-known scientific figures appointed in view of their scientific excellence and independence by the Management Board, which shall ensure that the specialist fields of the Scientific Committee's members cover all scientific fields linked to the problems of drugs and drug addiction.

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The members of the Scientific Committee shall be appointed in a personal capacity and shall give their opinions completely independently of the Member States and the European institutions.

302/93 Art. 10 (adapted)

new. Members shall serve on the Scientific Committee for a three-year period, which shall be renewable twice at most .

. The Scientific Committee shall elect its chairman for a three-year period.

. It shall be convened by its chairman at least once a year.

1651/2003 Art. 1(4) (adapted)

Article 14

1651/2003 Art. 1(4)

Drawing up of the budget

1. Estimates of all the revenue and expenditure of the Centre shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Centre.

2. The revenue and expenditure shown in the budget shall be in balance.

1651/2003 Art. 1(4) (adapted)

3. 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 Union (Commission Section), payments for services rendered and any financial contributions from the organisations and bodies and non-Community countries mentioned in Articles 16 and 17 .

1651/2003 Art. 1(4)

4. The Centre's expenditure shall include:

(a) staff remuneration, administrative and infrastructure expenses, and operating costs;

1651/2003 Art. 1(4) (adapted)

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(b) expenditure in support of the Reitox focal points .

1651/2003 Art. 1, pt. 4 (adapted)

5. Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Centre for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest, together with the Centre's work programme.

The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ' budgetary authority ' ) together with the preliminary draft general budget of the European Union.

6 . On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty.

7 . The budgetary authority shall authorise the appropriations for the subsidy to the Centre and shall adopt the establishment plan.

8 . The budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

9 . The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of the budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

1651/2003 Art. 1(5) (adapted)

Article 15

1651/2003 Art. 1(5)

Implementation of the budget

1. The Director shall implement the budget of the Centre.

2. By 1 March, at the latest, following each financial year, the Centre's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of the general Financial Regulation.

3. By 31 March at the latest following each financial year, the Commission's accounting officer shall forward the Centre's provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for the financial year shall also be forwarded to the European Parliament and to the Council.

4. On receipt of the Court of Auditors' observations on the Centre's provisional accounts, pursuant to Article 129 of the general Financial Regulation, the Director shall draw up the Centre's final accounts under his own responsibility and submit them to the Management Board for an opinion.

5. The Management Board shall deliver an opinion on the Centre's final accounts.

6. The Director shall, by 1 July at the latest following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

1651/2003 Art. 1(5) (adapted)

The final accounts shall be published.

7 . The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He shall also send this reply to the Management Board.

8 . The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the general Financial Regulation.

9 . The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the Director in respect of the implementation of the budget for year N.

10 . The financial rules applicable to the Centre shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [12] unless specifically required for the Centre's operation and with the Commission's prior consent.

[12] OJ L 357, 31.12.2002, p. 72, with Corrigendum in OJ L 2, 7.1.2003, p. 39.

302/93 Art. 12 (adapted)

Article 16

Cooperation with national and international organisations and bodies

Without prejudice to relations which the Commission may maintain pursuant to Article 302 of the Treaty, the Centre shall actively seek the cooperation of international organisations and other, particularly European, governmental and non-governmental agencies competent in the sector of drugs.

302/93 Art. 13 (adapted)

Article 17

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 Member States in the Centre's objectives and work, on the basis of agreements entered into between them and the Community on the basis of Article 300 of the Treaty.

302/93 Art. 14

Article 18

Privileges and immunities

The Protocol on the Privileges and immunities of the European Communities shall apply to the Centre.

302/93 Art. 15

Article 19

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.

302/93 Art. 16

Article 20

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 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 shall have jurisdiction in disputes relating to compensating for any such damage.

3. The personal liability of servants towards the Centre shall be governed by the provisions applying to the staff of the Centre.

302/93 Art. 17 (adapted)

Article 21

Jurisdiction of the Court of Justice

The Court of Justice shall have jurisdiction in actions brought against the Centre under the conditions provided for in Article 230 of the Treaty.

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Article 22

Combating fraud

In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) shall apply.

The Centre shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and shall issue, without delay, the necessary provisions implementing it, which shall apply to all servants of the Centre.

The decisions concerning funding and the implementing agreements and instruments resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks among the recipients of the Centre's funding.

302/93 Art. 18 (adapted)

new

Article 23

Evaluation report

An external evaluation of the Centre's work shall be conducted every five years. T he Commission shall forward , if appropriate, to the European Parliament and to the Council proposals to modify the Regulation on the Centre .

Article 24

Repeal

Regulation (EEC) No 302/93 is hereby repealed.

References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

302/93 Art. 19 (adapted)

Article 25

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [].

For the Council

The President

[...]

302/93 (adapted)

new

Annex I

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 those powers are defined by the Treaty. It shall cover the various facets of the drugs and drug addiction phenomenon, and the solutions applied.

new

The EMCDDA shall focus on the following priority areas:

(1) monitoring the state of the drugs problem, in particular using epidemiological or other indicators, and monitoring emerging trends;

(2) monitoring the solutions applied to drug-related problems;

(3) assessing the risks of new synthetic drugs and maintaining a rapid information system with regard to their use;

(4) monitoring national and Community policies and their impact on the drugs phenomenon.

302/93 (adapted)

B. The Commission shall make available to the Centre, for dissemination, the information and statistical data which it possesses pursuant to its powers.

Annex II

Repealed Regulation and successive amendments

Council Regulation (EEC) No 302/93 // OJ L 36, 12.2.1993, p. 1.

Council Regulation (EEC) No 3294/94 // OJ L 341, 30.12.1994, p. 7.

Council Regulation (EEC) No 2220/2000 // OJ L 253, 7.10.2000, p. 1.

Council Regulation (EEC) No 1651/2003 // OJ L 245, 29.9.2003, p. 30.

Annex III

Correlation table

Council Regulation (EEC) No 302/93 // This Regulation

Article 1 // Article 1

Article 2, introductory sentence // Article 2, introductory sentence

Article 2(A), introductory words // Article 2(a), introductory words

Article 2(A)(1) // Article 2(a)(i), first sentence

- // Article 2(a)(i), second sentence

Article 2(A)(2) // Article 2(a)(ii)

Article 2(A)(3) // Article 2(a)(iii)

Article 2(A)(4) // Article 2(a)(iv)

Article 2(A)(5) // Article 2(a)(v)

Article 2(B), introductory words // Article 2(b), introductory words

Article 2(B)(6), first sentence // Article 2(b)(i), first sentence

- // Article 2(b)(i), second sentence

Article 2(B)(7) // Article 2(b)(ii)

Article 2(C), introductory words // Article 2(c), introductory words

Article 2(C)(8) // Article 2(c)(i)

Article 2(C)(9) // Article 2(c)(ii)

Article 2(C)(10) // Article 2(c)(iii)

Article 2(D), introductory words // Article 2(d), introductory words

Article 2(D)(11) // Article 2(d)(i)

Article 2(D)(12) // Article 2(d)(ii)

Article 2(D)(13) // Article 2(d)(iii)

Article 2(D)(14) // Article 2(d)(iv)

Article 3 // Article 3

Article 4 // Article 4

Article 5 // -

- // Article 5

Article 6 // Article 6

Article 6a // Article 7

Article 7 // Article 8

Article 8(1) // Article 9(1)

Article 8(2), first subparagraph // Article 9(2), first subparagraph, first sentence

- // Article 9(2), first subparagraph, second sentence

Article 8(2), second to fourth subparagraphs // Article 9(2), second to fourth subparagraphs

Article 8(3), first sentence // Article 9(3)

Article 8(3), second and third sentences // -

Article 8(4), first sentence // Article 9(4), first sentence

- // Article 9(4), second sentence

Article 8(4), second sentence // Article 9(4), third sentence

Article 8(5) and (6) // Article 9(5) and (6)

- // Article 10

Article 9(1), first subparagraph // Article 11(1), first subparagraph

- // Article 11(1), second subparagraph

Article 9(1), second subparagraph, introductory words // Article 11(1), third subparagraph, introductory words

Article 9(1), second subparagraph, first to seventh indent // Article 11(1), third subparagraph, (a) to (g)

- // Article 11(1), third subparagraph, (h)

Article 9(2) and (3) // Article 11(2) and (3)

- // Article 12

Article 10(1) // Article 13(1)

Article 10(2), first subparagraph, first sentence // Article 13(2), first subparagraph

// Article 13(2), first subparagraph, second sentence

- // Article 13(2), second subparagraph

Article 10(3) to (5) // Article 13(2), third to fifth subparagraphs

Article 11(1), (2), (3) and (4) // Article 14(1), (2), (3) and (4)

Article 11(5) // Article 14(5), first subparagraph

Article 11(6) // Article 14(5), second subparagraph

Article 11(7) // Article 14(6)

Article 11(8) // Article 14(7)

Article 11(9) // Article 14(8)

Article 11(10) // Article 14(9)

Article 11a(1), (2), (3), (4) and (5) // Article 15(1), (2), (3), (4) and (5)

Article 11a(6) // Article 15(6), first subparagraph

Article 11a(7) // Article 15(6), second subparagraph

Article 11a(8) // Article 15(7)

Article 11a(9) // Article 15(8)

Article 11a(10) // Article 15(9)

Article 11a(11) // Article 15(10)

Article 12 // Article 16

Article 13(1) // Article 17

Article 13(2) // -

Article 14 // Article 18

Article 15 // Article 19

Article 16 // Article 20

Article 17 // Article 21

- // Article 22

Article 18 // Article 23

- // Article 24

Article 19 // Article 25

Annex, point A, first paragraph // Annex I, point A, first paragraph

Annex, point A, second paragraph // -

- // Annex I, point A, second paragraph

Annex, point B // Annex I, point B

Annex, point C // -

- // Annex II

- // Annex III