Amended proposal for a COUNCIL REGULATION (EC) ON NORTH- SOUTH COOPERATION IN THE CAMPAIGN AGAINST DRUGS AND DRUG ADDICTION (Budget heading B7-6210)
Date: 1996-09-06
Institutions: European Commission
Subjects: North-South relations, drug addiction, drug traffic, fight against crime, narcotic

COMMISSION OF THE  EUROPEAN  COMMUNITIES 

Brussels,  06.09.1996 
COM(96) 427 final 

95/0167  (SYN) 

Amended  proposal  for  a 

COUNCIL REGULATION  (EC) 

ON NORTH-SOUTH COOPERATION  IN THE  CAMPAIGN 
AGAINST DRUGS AND DRUG ADDICTION 
(Budget heading B7-6210) 

(presented  by the Commission  pursuant to Article  189 a (2) 
of the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

Of the thirty-seven amendments discussed  at the plenary session  on  18 April 
Parliament finally accepted only 25. 

Of those, the Commission accepts  15 (in bold in the amended proposal for a 
regulation), two of them in part. The following amendments have been 
accepted for the reasons stated: 

Amendment  1: "Whereas  Parliament  stated  its views on  the  guidelines  in 
its  opinion  on  the  communication,  adopted  on  15  June  1995":  this  is 
stating a fact and the Commission cannot but accept 

Amendments  3  and  4:  "The  European  Community  shall  carry  out 
cooperation  activities  in  developing  countries  which  have  demonstrated 
political  will  at  the  highest  level  to  combat  drug  abuse. The existence  of 
such will  may be demonstrated"...."  Political  commitment  on the  part of 
non-member  countries 
the 
take 
implementation  of  domestic  legislation  against  money  laundering":  the 
Commission subscribes to the view  that  priority should be given to countries 
firmly committed to the fight against drug abuse.  It believes their commitment 
should be reflected in the ratification of the UN conventions. 

inter  alia  of 

form 

shall 

the 

Amendment  5:  "A  consistent  policy  shall  be  framed  to  address  the 
prevention  of drug  addiction,  comprising  inter alia cooperation  between 
police  forces,  social  services,  doctors  and  NGOs  and  objective 
information  about  the  consequences  of  addiction,  targeted  especially  at 
young  people. The Commission  shall  endeavour  to exert  an  influence  on 
international  donors  and  financial  institutions  (e.g.  the  IMF  and  the 
World  Bank) to ensure that their policies do not conflict  with the aims of 
domestic  drug  control  policies.  Community  cooperation  shall  take  place 
in  a  spirit  of  dialogue  reflecting  the  genuine  cultural  differences  which 
affect  the  perception  of  drug-related  problems,  this  being  crucial  to 
ensure  the  social  and  political  viability  of  drug  control  strategies":  this 
wording  is  acceptable.  It  covers  prevention,  the  necessary  consistency 
between  the  objectives  of  national  policy  and  those  recommended  by  the 
international  financial  institutions,  and  the  importance  of  differences  in 
national situations into account. 

Amendment 6: "capable of a measurable impact (i.e. effective  and  tangible 
results within  a time-limit  set in advance),  this amendment is acceptable as 

it  relates to  the  fact  that  national  measures  supported  by the  Commission  must 
have  a measurable  impact. 

Amendment  8:  "promotion  of  pilot  alternative  development  projects  in 
line  with  the  Dublin  group's  definition,  including  projects  which  would 
allow  trade  preferences  to  be  granted  for  substitute  crops"  This  sentence 
is  acceptable  provided  the  reference  to  the  Dublin  group  (inform?.!  group)  is 
replaced  by  the  group's  actual  definition  of  alternative  development,  namely  a 
process  to  eliminate  and  prevent  production  of  illicit  drug  crops  through 
specifically  designed  rural  development  measures  in  the  context  of  sustained 
national  economic  growth  It  should  include  social  and  economic  measures 
which  take into  account  factors  contributing  to  illicit  production 

Amendment  9:  "measures  to  combat 
trade  in 
heroin,  cocaine  and  dangerous  synthetic  drugs":  this  amendment  stresses 
the  importance  of  combating  the  production  of  and  trade  in  certain  drugs  in 
particular  heroin  and  synthetic  drugs  consumed  in  Europe. 

the  production  of  and 

of 

implications 

environmental 

Amendment  11  "particularly  when  drawing  up  eradication  schemes; 
special  attention  shall  be  paid  to  the  key  position  of women  and  the  social 
and 
for 
communities  which  have  decided  to  give  up  production  of  drugs  or 
precursors,  in  the  form  of  help  with  the  development  of alternatives"  the 
Commission  agrees that  priority  should  be given  to  the  full  participation  of  the 
local  people  concerned  in  alternative  development  projects  and  eradication 
schemes.  However,  it  cannot  accept  the  last  part  of  the  amendment  which 
refers  to the  protection  of the  population  (protection  of the  population  cannot 
be assured  by the  Commission  or guaranteed  by it). 

the  measure's 

support 

Amendment  14:  "ensuring  that  the  Community  supports  only  projects 
which  respect  human  rights.  "Giving  priority  to  the  observance  of  human 
rights  is crucial  and  the  Commission  fully  subscribes  to it. 

Amendment  16:  "having  regard  to  the  principles  of  sound  management 
and  avoiding  excessive  administrative  costs: 
the  principle  of  sound 
management  is one  of the Commission's  principles 

Amendment  17:  "All  necessary  steps  shall  be  taken  to  ensure  that  aid  is 
properly  evaluated,  monitored  and  substantiated: 
the  evaluation  of 
programmes  is mentioned  in Article 9 of the draft  regulation. 

Amendment  19:  "reference  to  Article  8  (regional  committees)  instead  of 
.Article  9.  The  reference  to  Article  9  was  a  typing  error  in  the  Commission's 
initial  version. 

the  prior 
Amendment  21  "Exceptions  will  be  allowed  only  with 
agreement  of  the  competent  department, 
the 
partners  would  otherwise  have  to  bear  extra  or  excessive  costs."  This 
amendment  is in keeping  with  the  Financial  Regulation. 

in  particular  where 

X 

Amendment  24:  replaces  "summary"  with  "report"  This  does  not  pose  any 
problem. 

Amendment  33:  "treatment.of  drug  addicts;  development,  and  poverty 
and  social  and  economic  exclusion  in  particular".  This amendment fleshes 
out  Article 3 and can be accepted. 

3 

Amended proposal  for  a 

COUNCIL REGULATION  (EC) 

ON NORTH-SOUTH  COOPERATION  IN THE  CAMPAIGN 
AGAINST DRUGS AND DRUG ADDICTION 
(Budget heading B7-6210) 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  13 Ow 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 
1995-99, including measures at international level; 

Whereas  Parliament  stated  its  views  on  the  guidelines  in  its  opinion  on  the 
communication, adopted on 15 June 1995; 

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  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  there  is  a 

relationship  between  the campaign  against  drugs  and  drug  addiction  and  the  aims  of  the 
cooperation  policy pursued by the Community and its developing-country partners, 

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  cooperation  in  the  campaign  against  drugs  and  drug  addiction  makes  an 
important  contribution  to the objectives  of Community  development  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  which  have  demonstrated 
political will at the highest level to combat drug abuse. The existence of such will may 
be demonstrated  inter alia by ratification  of the Single Convention of  1961 as amended by 
the  Protocol  of  1972,  the  Convention  of  1971  and  the  Convention  of  1988.  Political 
commitment  on  the  part  of  non-member  countries  shall  take  the  form  inter  alia  of 
the implementation  of domestic legislation against money  laundering. 

Article 2 

The  Community  shall  give  priority  at  the  request  of  a partner  country  to  supporting  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  resource 
requirements 
integrated, 
requirements), 
multidisciplinary  and  multisectoral  approach  designed  to  maximize  the  efficiency  of 
Community assistance. 

thus  establishing  an 

(including  financial 

A  consistent  policy  shall  be  framed  to  address  the  prevention  of  drug  addiction, 
comprising  inter alia cooperation  between  police forces,  social  services, doctors  and 
NGOs  and  objective  information  about  the  consequences  of  addiction,  targeted 
especially at young people. 

The Commission  shall  endeavour to exert an  influence  on  international  donors  and 
financial  institutions (e.g. the IMF and the World Bank) to ensure that their policies 
do not conflict with the aims of domestic drug control policies. 

Community  cooperation  shall  take  place  in  a  spirit  of  dialogue  reflecting  the 
genuine  cultural  differences  which  affect  the  perception  of  drug-related  problems, 
this  being  crucial  to  ensure  the  social  and  political  viability  of  drug  control 
strategies. 

Article 3 

Preferably  operating within the  strategic framework  established  by the national  plans, the 
Community  shall  also  support  specific  operations  capable  of a measurable  impact  (i.e. 

S 

effective  and  tangible  results  within  a  time-limit  set  in  advance)  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  individual 
"sensitive"  partner  countries  in line with  CATF  recommendations  on  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  individual 
"sensitive"  partner  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; 

introduction  of  measures  to  control 

the 
legalsubstitute crops  narcotics and psychotropic substances; 

trade 

in,  and  consumption  of, 

analysis  of  local  drug  and  substance  abuse  patterns,  preventive  measures, 
treatment  and  reintegration  of drug addicts,  risk  limitation  and the  integration  of 
these measures with policies on health and education,  development,  and  poverty 
and social and economic exclusion in particular 
Human rights will be duly respected in implementing these measures; 

promotion of pilot alternative development  projects (alternative  development 
being defined  as a process to eliminate and prevent  production  of illicit  drug 
crops  through  specifically  designed  rural  development  measures  in  the 
context  of  sustained  national  economic  growth.  It  should  include  social  and 
economic  measures  which  which  take  into  account  factors  contributing  to 
illicit production), including  projects which would  allow  trade  preferences  to 
be granted  for substitute  crops, in  particular for  small, independent  producers 
of the raw materials for  illegal drugs, in countries taking action  against  drugs, and 
direct support  for the measures taken by these countries to curb the drugs trade. 

Particular emphasis will be given to: 

measures  to  combat  the  production  of  and  trade  in  heroin,  cocaine  and 
dangerous synthetic drugs; 

the  participation  of  local  people  and  target  groups  in  identifying,  planning  and 
carrying  out  operations,  particularly  when  drawing  up  eradication  schemes; 

special  attention  shall  be  paid  to  the  key  position  of  women  and  the  social 
and environmental  implications of the measures; 

support  for communities which  have decided  to give  up  production  of drugs 
or precursors, in the form of help with the development of alternatives; 

institution-building  in  developing  countries'  institutions  at  national,  local  and 
regional level; 

ensuring  that  the  Community  supports  only  projects  which  respect  human 
rights. 

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. 

2. 

3. 

4. 

5 

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

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 
programmes,  operating  costs  may  normally  be  covered  only  during  the  start-up 
phase and on a degressive basis. 

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

the  ultimate  beneficiaries 

(countries, 

from 

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  under  this 
Regulation. 

The Commission, while having  regard  to the  principles  of sound  management 
and  avoiding  excessive  administrative  costs,  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. 

AH  necessary  steps  shall  be  taken  to  ensure  that  aid  is  properly  evaluated, 
monitored and substantiated. 

Article 7 

1. 

2. 

3. 

4. 

5. 

6. 

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. 

Decisions  relating to  grants  of more than  ECU 2 million  for  individual  operations 
financed under  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 8. 

All  financing  agreements  or  contracts  concluded  under  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. 

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 financed  by the Community. 

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. 

Supplies  should  originate  in  the  Member  States,  the  recipient  country  or  other 
developing countries.  Exceptions will be allowed  only with the prior agreement  of 
the competent  department,  in particular  where the partners would  otherwise  have 
to bear extra or excessive costs. 

Article 8 

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: 

s 

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. 

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

It 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. 

Done at Brussels, ... 

For the Council 
The President 

? 

ISSN 0254-1475 

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