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 )
Date: 1992-01-27
Institutions: European Commission
Subjects: European Monitoring Centre for Drugs and Drug Addiction, European organisation, cooperation policy, dissemination of information, drug addiction, drug traffic, information network, information system, narcotic, research body

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) 

_ 2 -

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  d r u g s " ^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. 

_ 4 -

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)  w as  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. 

-  6  -

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  m o n e y ). 

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; 

-  8 -

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". 

-  10 -

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 

-  11 

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-, 

-  12  -

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; 

-  13  -

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: 

-  17  -

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  m o n e y ). 

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. 

-  18 

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. 

- 19 -

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. 

-  23  -

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. 

-  24 -

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  5 0% 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) 

2 000 000 ECUS 

1 400 000 ECUS 

(of which  50% establishment staff/ 

50% contracted  and  seconded  + missions 

freelance  translation  and  interpreting, 

publicat ions) 

III- 

Operational  expenditure  (annuaI) 

1 800 000 ECUS 

(including  20 meetings « approx. 

75 000 ECUS) 

Grand  total  for a full  year 

in the  initial period 

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 

±9J2 

CA/PA 

1994 

CA/PA 

1 600 000 ECUS 

5 200 000 ECUS 

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 

Assistant  (B post) 

1 permanent  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 

2-  Amount  of  staff  and  administrative  expenditure 

-  38 

A.  Staff 

1 A post 

(Di rector) 

lââ2 

1993 

1994 

95 000 

95 000 

7 A posts  (incl. 5  temporary) 

450 000 

450 000 

(administrators  and  computer 

experts) 

2 B posts 

(assistants) 

5 C posts 

(secretar ies) 

B.  Administrât ive 

Translat ion 

95 000 

95 000 

160 000 

160 000 

Total  A 

800 000 

800 000 

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. 

2-  Grounds  for  the operation 

-  40 -

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 
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