Proposal for a Council Regulation (EC) on north-south cooperation in the campaign against drugs and drug addiction (Budget heading B7-5080)

(95/C 242/06)

COM(95) 296 final - 95/0167(SYN)

(Submitted by the Commission on 30 June 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130w thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Whereas, in a communication to the Council and to Parliament dated 23 June 1994, the Commission presented its guidelines for a European Union plan of action on drugs for 1995 to 1999, including measures at international level;

Whereas the international community's strategy to curb drug abuse and drug trafficking is based on universal accession to the Single Convention on narcotic drugs of 1961, as amended by the Protocol of 1972, the Convention on psychotropic substances of 1971 and the International Convention against illicit traffic in narcotic drugs and psychotropic substances of 1988, and on the systematic implementation of those Conventions at national and international level;

Whereas the European Community is a party to the Convention of 1988, in particular by virtue of Article 12 of that Convention, and has adopted the appropriate legislation based on the recommendations of the Chemicals Action Task Force (CATF) set up by the G7 and the President of the Commission in 1989, the effectiveness of which would be generally enhanced by the adoption of the relevant legislation and procedures in other parts of the world;

Whereas the European Community has adopted a directive on money laundering based on the recommendations of the Financial Action Task Force on Money Laundering (FATF) set up by the G7 and the President of the Commission in 1989, the effectiveness of which would be generally enhanced by the adoption of the relevant legislation and procedures in other parts of the world;

Whereas the fourth Lomé Convention and the cooperation, association and partnership agreements concluded by the European Community with developing countries contain clauses on cooperation to curb drug abuse and drug trafficking, the monitoring of trade in precursors, chemical products and psychotropic substances and the exchange of relevant information, including measures in the field of money laundering;

Whereas the Member States of the European Community have endorsed the policy statement and general plan of action adopted by the UN General Assembly at its 17th special session,

Whereas the cooperation in the domain of the fight against drugs and drug abuse contributes importantly to the objectives of the Community's development cooperation policy as set out in Article 130U of the Treaty establishing the European Community,

HAS ADOPTED THE FOLLOWING REGULATION:

Article 1

The European Community shall carry out cooperation activities in the field of drugs and drug addiction, giving priority to developing countries that have ratified the Single Convention of 1961 as amended by the Protocol of 1972, the Convention of 1971 and the Convention of 1988.

Article 2

The Community shall give priority to supporting partner countries requesting help in the preparation of a national drug control master plan, in close consultation with the United Nations International Drug Control Programme. These plans will identify objectives, strategies and priorities in the campaign against drugs and the related requirements (including financial requirements), thus establishing an integrated, multidisciplinary and multisectoral approach designed to maximize the efficiency of Community assistance.

Article 3

Preferably operating within the strategic framework established by the national plans, the Community shall also support specific operations in the following areas:

- development of institutional capacity to implement national drug control master plans,

- on the basis of agreements between the European Community and 'sensitive` countries, in conformity with the CATF recommendations and relating to cooperation to prevent the diversion of trade in precursors used in the production of illegal drugs and psychotropic substances, the Community will help partner countries to develop their institutions with a view to promoting the rapid and efficient implementation of the agreements and encouraging regional and subregional cooperation,

- on the basis of agreements between the European Community and 'sensitive` countries on cooperation in the field of money laundering, within the limit of the available resources, the Community may provide technical assistance to countries that have entered into the appropriate commitments, notably by ratifying the Vienna and Strasbourg Conventions and by adopting the FATF recommendations,

- the introduction of measures to control trade in, and consumption of, legal narcotics and psychotropic substances,

- analysis of local drug abuse patterns, preventive measures, treatment and reintegration of drug addicts, risk limitation and the integration of these measures with health and education policies. Human rights will be duly respected in implementing these measures,

- feasibility studies on cooperation projects designed to ensure that the special trade preferences granted by the Community to countries committed to curbing the drugs trade are genuinely advancing alternative social and economic development opportunities for small, independent producers of the raw materials for illegal drugs; direct support for the measures taken by these countries to curb the drugs trade.

Particular emphasis will be given to:

- the participation of local people and target groups in identifying, planning and carrying out operations,

- the development of the developing countries' institutions at national, local and regional level.

Article 4

The recipients of aid and cooperation partners shall include not only States and regions, but local services, regional organizations, government agencies, traditional or local communities, private operators and industries, including cooperatives, NGOs and grassroots associations.

Article 5

1. Community assistance in the implementation of the operations referred to in Articles 2 and 3 shall include studies, technical assistance, training or other services, supplies and works, and evaluation and monitoring missions and audits.

2. According to the needs of the operations concerned, Community financing may cover both capital investment, other than the purchase of real estate, and operating costs in foreign or local currency. However, with the exception of training and research programmes, operating costs may normally be covered only during the start-up phase and on a digressive basis.

3. A systematic effort shall be made to obtain a contribution, and in particular a financial contribution, from the ultimate beneficiaries (countries, local communities, firms or others), according to their means and the nature of the operation concerned.

4. Opportunities shall be sought for cofinancing, in particular with the Member States or with multilateral, regional or other organizations. The requisite measures shall be taken to highlight the Community character of aid granted pursuant to this Regulation.

5. The Commission shall take all coordination measures necessary to maximize overall efficiency by enhancing the consistency and complementarity of operations financed by the Community and the Member States, and in particular:

(a) the setting up of a standard system for exchanges of information on the operations financed or considered for financing by the Community and the Member States;

(b) on-the-spot coordination of operations through regular meetings and exchanges of information between the representatives of the Commission and the Member States in the recipient country.

Article 6

Financial support under this Regulation shall take the form of grants.

Article 7

1. The Commission shall be responsible for appraising, approving and managing operations covered by this Regulation in accordance with the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.

2. Decisions relating to grants of more than ECU 2 million for individual operations financed pursuant to this Regulation and any changes resulting in an increase of more than 20 % in the sum initially approved for such an operation shall be adopted under the procedure laid down in Article 9.

3. All financing agreements or contracts concluded pursuant to this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks according to the usual procedures laid down by the Commission under the rules in force, and in particular those of the Financial Regulation applicable to the general budget of the European Communities.

4. Where operations are the subject of financing agreements between the Community and the recipient country, such agreements shall stipulate that the payment of taxes, duties or any other charges is not to be covered by the Community.

5. Participation in invitations to tender and the award of contracts shall be open on equal terms to natural and legal persons of the Member States and of the recipient country. It may be extended to other developing countries.

6. Supplies shall originate in the Member States, the recipient country or other developing countries. In exceptional cases, where circumstances warrant, supplies may originate elsewhere.

Article 8

1. The Commission shall be assisted by an advisory committee made up of representatives from the Member States and chaired by a representative of the Commission, namely, depending on the recipient country or region:

- in the case of the ACP countries, the EDF Committee set up by Article 21 of Internal Agreement 91/401/EEC on the financing and administration of Community aid under the fourth Lomé Convention, adopted on 16 July 1990 by the representatives of the Member States meeting with the Council,

- in the case of the Mediterranean countries, the MED Committee set up by Article 6 of Council Regulation (EEC) No 1762/92 of 29 June 1992,

- in the case of the Asian and Latin American countries, the ALA Committee set up by Article 15 of Council Regulation (EEC) No 443/92 of 25 February 1992.

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

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

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

3. The committee shall meet once a year, during a joint meeting of the three committees mentioned in the first paragraph, to discuss general guidelines presented by the Commission representative for operations in the year ahead.

Article 9

At the end of each budget year, the Commission shall present a report to Parliament and the Council summarizing the operations financed in the course of that year and evaluating the implementation of this Regulation over that period.

The summary shall in particular contain information about those with whom contracts have been concluded.

The report shall also summarize any independent evaluations conducted of specific operations.

Article 10

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

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