Proposal for a Council Regulation on the European Monitoring Centre for Drugs and Drug Addiction (recast)
Date: 2004-02-26
Institutions: European Commission
Subjects: European Monitoring Centre for Drugs and Drug Addiction, operation of the Institutions, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.2.2004 
COM(2003) 808 final/2 

2003/0311 (CNS) 

Corrigendum: 
Annule et remplace les pages 6-9 
(numérotation des considérants). 
Concerne uniquement la version anglaise. 

Proposal for a 

COUNCIL REGULATION 

on the European Monitoring Centre for Drugs and Drug Addiction 

(recast) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. Introduction 

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

2. Justification for the Commission's proposal 

The proposed amendments can be divided into the following categories: 

– 

– 

– 

– 

– 

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

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

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

the 

and 

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

to 
introduced 

(EC) No 2220/2000 

introduced 

last 

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

3. Choice of legal basis 

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

2 

 
 
  
 
terms  of  demand  and  supply  and  of  the  impact  of  certain  measures  with  regard  to  their 
reduction. 

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

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

Article 1 defining the objective of the EMCDDA remains unchanged. 

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

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

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

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

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

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

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

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

3 

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

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

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

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

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

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

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

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

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

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

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

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

4 

 
 
  
 
2003/0311 (CNS) 

Proposal for a 

(cid:208) 302/93 (adapted) 

COUNCIL REGULATION 

on the establishment of a⌦ on the ⌫ European Monitoring Centre for Drugs and Drug 
Addiction 

(recast) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 308 ⌫235 thereof, 

Having regard to the proposal from the Commission,1 

Having regard to the opinion of the European Parliament,2 

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

Whereas: 

(1) 

Council  Regulation  (EEC)  No  302/93  of  8  February  1993  on  the  establishment  of  a 
European  Monitoring  Centre  for  Drugs  and  Drug  Addiction4  has  been  substantially 
amended several times.5 Since further amendments are to be made, it should be recast 
in the interests of clarity. 

(cid:216) new 

Whereas, at its meeting in Dublin on 25 and 26 June 1990, the European Council: 

(cid:208) 302/93 (adapted) 

1 
2 
3 
4 

5 

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

5 

 
 
  
 
 
 
 
                                                 
– 
ratified  the  «Guidelines  for  a  European  Plan  to  Combat  Drugs»  submitted  to  it  by  the 
European Committee to Combat Drugs (Celad), and in particular the recommendation that «a 
study  be  conducted  by  experts  on  the  existing  sources  of  information,  their  reliability  and 
their  usefulness,  and  on  the  need  for  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», 

–  stressed that it was the responsibility of each Member State to develop an appropriate drug 
demand  reduction  programme  and  considered  that  effective  action  by  each  Member  State, 
supported by joint action of the Twelve and the Community, should be a main priority over 
the coming years; 

(1)  Whereas the findings of the feasibility study on the Centre and the European Plan to 
Combat Drugs submitted to the Rome European Council on 13 and 14 December 1990 
should be borne in mind; 

(cid:208) 302/93 (adapted) 

(2) 

The  European  Council,  at  its  meeting  in  Luxembourg  on  28 and  29 June 1991, 
'approved  the  setting  up  of  a  European  Drugs  Monitoring  Centre  ⌦ for  Drugs  and 
Drug  Addiction (EMCDDA) ⌫(EDMC). ;  on  the  understanding  that  the  practical 
arrangements for its implementation, e.g. its size, institutional structure and computer 
systems, are still to be discussed and instructed Celad to continue work to that end and 
bring  it  rapidly  to  a  successful  conclusion,  in  liaison  with  the  Commission  and  the 
other relevant political bodies»; 

(cid:208) 302/93 (adapted) 

(3)  Whereas  the  European  Council,  at  its  meeting  in  Maastricht  on  9  and  10  December 
1991,  «invited  the  institutions  of  the  Community  to  employ  all  means  to  ensure  that 
the act setting up the European Drugs Centre could be adopted before 30 June 1992»; 

(4)  Whereas  the  Community  concluded,  by  Decision  90/611/EEC,6  the  United  Nations 
Convention  against  Illicit  Traffic  in  Narcotic  Drugs  and  Psychotropic  Substances, 
hereinafter  referred  to  as  the  «Vienna  Convention»,  and  deposited  a  declaration  of 
competence regarding Article 27 thereof;7 

(5)  Whereas the Council adopted Regulation (EEC) No 3677/908 for the implementation 
by  the  Community  of  the  system  provided  for  in  Article  12  of  the  aforementioned 
Vienna Convention for monitoring trade in certain substances; 

6 
7 
8 

OJ No L 326, 24. 11. 1990, p. 56. 
OJ No L 326, 24. 11. 1990, p. 57. 
OJ No L 357, 20. 12. 1990, p. 1, Regulation, as amended by Regulation (EEC) No 900/92 (OJ L 96, 10. 
4. 1992, p. 1). 

6 

 
 
  
 
 
 
                                                 
(6)  Whereas the Council adopted Directive 91/308/EEC of 10 June 1991 on prevention of 
the use of the financial system for the purpose of money laundering,9 which aims in 
particular to combat drug trafficking; 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(cid:208) 302/93 Recital 7 

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

(cid:208) 302/93 Recital 8 

The  drug  phenomenon  comprises  many  complex  and  closely  interwoven  aspects 
which cannot easily be dissociated; therefore, the Centre should be entrusted with the 
task of furnishing overall information which will help to provide the Community and 
its Member States with an overall view of the drug and drug addiction phenomenon. 
This task should not prejudice the allocation of powers between the Community and 
its Member States with regard to the legislative provisions concerning drug supply and 
demand. 

(cid:216) new 

The Joint Action of 16 June 1997 on new synthetic drugs10 gave the EMCDDA and its 
Scientific Committee a role in the establishment of a rapid information system and in 
the assessment of the risks of new substances. 

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

Council  Resolution  of  15  November  2001  on  the  implementation  of  the  five  key 
epidemiological  indicators  on  drugs11  encourages  Member  States  to  ensure,  making 
use of the national focal points, the availability of comparable information on the five 
key epidemiological indicators. 

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

9 
10 
11 

OJ No L 166, 28. 6. 1991, p. 77. 
OJ L 167, 25.6.1997, p. 1. 
CORDROGUE 67 of 15 November 2001. 

7 

 
 
  
 
 
 
 
                                                 
(cid:208) 2220/2000 Recital 8 (adapted) 

(9) 

The structural assistance projects to be implemented by the ⌦ Centre ⌫Observatory 
in  applicant  countries  and  countries  eligible  for  the  PHARE  programme  include  in 
particular  activities  related  to  coordination  and  exchange  of  information,  transfer  of 
know⌦ - ⌫how,  creation  and 
the 
⌦ European 
drug 
addiction ⌫Reitox network and setting up and consolidation of national focal points. 

reinforcement  of  structural 
network 

computerised 

information 

links  with 

drugs 

and 

on 

(cid:216) new 

(10)  Account should be taken of Regulation (EC) No 45/2001 of the European Parliament 
and of the Council of 18 December 2000 on the protection of individuals with regard 
to the processing of personal data by the Community institutions and bodies and on the 
free movement of such data.12 

(11)  The  general  principles  and  limits  governing  the  right  of  access  to  documents,  as 
provided  for  in  Article 255  of  the  Treaty,  were  laid  down  by  Regulation  (EC) 
No 1049/2001  of  the  European  Parliament  and  of  the  Council  of  30 May 2001 
regarding  public  access 
to  European  Parliament,  Council  and  Commission 
documents13 and must also be applied in the Community agencies. 

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

(13) 

(14) 

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

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

(15)  The  Centre's  work  must  be  conducted  in  a  transparent  fashion  and  its  management 
must  be  subject  to  all  existing  good  governance  and  anti-fraud  rules,  in  particular 
Regulation  (EC)  No 1073/1999  of  the  European  Parliament  and  of  the  Council  of 
25 May 1999 concerning investigations conducted by the European Anti-Fraud Office 
(OLAF)14  and  the  Interinstitutional  Agreement  of  25 May 1999  concerning  internal 
investigations by the European Anti-fraud Office (OLAF).15 

(16)  An  external  evaluation  of  the  EMCDDA's  work  should  be  conducted  on  a  regular 

basis, and this Regulation should be adapted accordingly, if needed. 

(17) 

In accordance with the principle of subsidiarity laid down in Article 5 of the Treaty, 
the  objectives  of  the  European  Monitoring  Centre  for  Drugs  and  Drug  Addiction 

12 
13 
14 
15 

OJ L 8, 12.1.2001, p. 1. 
OJ L 145, 31.5.2001, p. 43. 
OJ L 136, 31.5.1999, p. 1. 
OJ L 136, 31.5.1999, p. 15. 

8 

 
 
  
 
 
 
                                                 
cannot be sufficiently achieved by the Member States and can, by reason of the scale 
or  effects  of  the  proposed  action,  be  better  achieved  at  Community  level.  In 
accordance  with  the  principle  of  proportionality  laid  down  in  the  same  Article,  this 
Regulation does not go beyond what is necessary to achieve those objectives. 

(18)  This Regulation respects fundamental rights and observes the principles recognised in 

particular by the Charter of Fundamental Rights of the European Union. 

(cid:208) 302/93 (adapted) 

(9)  Whereas the Centre's organization and working methods must be  consistent with the 
objective nature of the results sought, namely the comparability and compatibility of 
sources and methods in connection with drug information; 

(10)  Whereas  the  information  compiled  by  the  Centre  will  concern  priority  areas  whose 

content, scope and implementing arrangements should be defined; 

(11)  Whereas, during the first three-year period, special attention will be given to demand 

and demand reduction; 

(12)  Whereas, in their resolution of 16 May 1989 concerning a European network of health 
data on drug abuse,16 the Council and the Ministers for Health of the Member States 
meeting within the Council invited the Commission to take possible initiatives in this 
area; 

(13)  Whereas a European information network on drugs and drug addiction should be set 
up, to be coordinated and led at Community level by the European Drugs Monitoring 
Centre; 

(14)  Whereas  Convention  108  of  the  Council  of  Europe  for  the  Protection  of  Individuals 
with  regard  to  Automatic  Processing  of  Personal  Date  (1981)  should  be  taken  into 
account; 

(15)  Whereas  there  already  exist  national,  European  and  international  organizations  and 
bodies  supplying  information  of  this  kind,  and  whereas  the  Centre  should  be  able  to 
carry out its tasks in close cooperation with them; 

(16)  Whereas the Centre must have legal personality; 

(17)  Whereas it is necessary to ensure that the Centre carries out its information task and to 

confer jurisdiction for this purpose on the Court of Justice; 

(18)  Whereas  it  is  desirable  to  recognize  the  possibility  of  opening  the  Centre  to 
non-Community countries which share the interest of the Community and the Member 
States in the attainment of these objectives, under agreements to be concluded between 
them and the Community; 

16 

OJ No C 185, 22. 7. 1989, p. 1. 

9 

 
 
  
 
 
                                                 
(19)  Whereas this Regulation could, if necessary, be adapted after a three-year period with 
a  view  to  a  decision  on  the  possible  extension  of  the  Centre's  tasks,  taking  into 
account, in particular, the evolution of Community powers; 

(20)  Whereas, for the adoption of this Regulation the Treaty provides for no powers to act 

other than those laid down in Article 235, 

HAS ADOPTED THIS REGULATION: 

(cid:208) 302/93 (adapted) 

Article 1 

Objective 

1. This Regulation establishes the European Monitoring Centre for Drugs and Drug Addiction 
⌦ (EMCDDA) ⌫(EDMC), hereinafter referred to as 'the Centre'. 

2. The Centre's objective is to provide, in the areas referred to in Article 4, the Community 
and its Member States with objective, reliable and comparable information at European level 
concerning drugs and drug addiction and their consequences. 

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

4. Without prejudice to Article 2(D)14⌦ 2(d)(iv) ⌫, the Centre may not take any measure 
which in any way goes beyond the sphere of information and the processing thereof. 

(cid:208) 2220/2000 Art. 1(1) (adapted) 

5.  The  Centre  shall  not  collect  any  data  making  it  possible  to  identify  individuals  or  small 
groups of individuals. It shall refrain from any transmission of information relating to specific 
named cases. 

(cid:208) 302/93 

(cid:208) 302/93 (adapted) 
(cid:214) new 

Article 2 

Tasks 

10 

 
 
  
 
 
 
 
 
In order to achieve the objective set out in Article 1, the Centre shall perform the following 
tasks within its areas of activity: 

A.⌦ (a) ⌫ Collection and analysis of existing data 

It shall: 

⌦ (i) ⌫ 1)  Il  collecte,  ⌦ collecting ⌫,  ⌦ registering ⌫  and  ⌦ analysing ⌫ 
information, including data resulting from research, communicated by Member 
States as well as that emanating from Community, non-governmental national 
international  organisations;  (cid:214) this  collection, 
sources  and  competent 
registration  and  analysis  work  shall  also  cover  data  on  emerging  trends  in 
poly-drug  use,  including  the  combined  use  of  legal  and  illegal  psychotropic 
substances; (cid:213) 

⌦ (ii) ⌫ 2) carry⌦ ing ⌫ out surveys, preparatory studies and feasibility studies, 
together  with  any  pilot  projects  necessary 
tasks; 
organize⌦ organising ⌫  meetings  of  experts⌦ , ⌫  whenever  necessary 
set⌦ ting ⌫ up ad hoc working parties for the purpose; it shall set⌦ ting ⌫ 
up and make⌦ making ⌫ available open scientific documentation resources 
and assist⌦ ing ⌫ in the promotion of information activities; 

to  accomplish 

its 

⌦ (iii) ⌫  3)  provid⌦ ing ⌫  an  organisational  and  technical  system  capable  of 
supplying  information  on  similar  or  complementary  programmes  or  action 
pursued by the Member States; 

⌦ (iv) ⌫ 4) establish⌦ ing ⌫ and coordinate⌦ coordinating ⌫, in consultation 
and  in  cooperation  with  the  competent  authorities  and  organisations  in  the 
Member States, the network referred to in Article 5; 

⌦ (v) ⌫ 5) facilitate⌦ facilitating ⌫ 

information  between 
decision-makers,  researchers,  specialists  and  those  involved  in  combating 
drugs in governmental and non-governmental organizations; 

exchanges  of 

B. ⌦ (b) ⌫  Improvement of data-comparison methods 

⌦ (i) ⌫ 6)  ensure⌦ ensuring ⌫ 

improved  comparability,  objectivity  and 
reliability  of  data  at  European  level  by  establishing  indicators  and  common 
criteria of a non-binding nature, compliance with which may be recommended 
by the Centre, with a view to greater uniformity of the measurement methods 
used  by  the  Member  States  and  the  Community;  (cid:214) in  particular,  the  Centre 
shall  devise  tools  and  methods  for  evaluating  drugs  policies  and  strategies 
implemented in the European Union; (cid:213) 

⌦ (ii) ⌫ 7) facilitate⌦ facilitating ⌫ and structure⌦ structuring ⌫ exchange of 

information, in terms of both quality and quantity (databases). 

C. ⌦ (c) ⌫Dissemination of data 

⌦ (i) ⌫ 8)  make⌦ making ⌫  the  information  produced  by  it  available  to  the 

Community, the Member States and competent organisations; 

11 

 
 
  
 
⌦ (ii) ⌫ 9) ensure⌦ ensuring ⌫  wide  dissemination  of  work  done  in  each 
Member  State  and  by  the  Community  itself,  and,  where  appropriate,  by 
non-Community countries or international organisations; 

⌦ (iii) ⌫ 

10) 

ensure⌦ ensuring ⌫  wide 

reliable 
non-confidential data; on the basis of data which it gathers it⌦ the Centre ⌫ 
shall publish a yearly report on the state of the drugs problem. 

dissemination 

of 

D.  ⌦ (d) ⌫Cooperation  with  European  and  international  bodies  and  organisations  and 

with non-Community countries 

⌦ (i) ⌫  11)  contribute⌦ contributing ⌫  to  improving  coordination  between 

national and Community action in its areas of activity; 

⌦ (ii) ⌫  12)  without  prejudice  to  Member  States'  obligations  with  regard  to 
transmission  of  information  under  the  provisions  of  the  United  Nations 
Conventions on drugs, promote⌦ promoting ⌫ the incorporation of data on 
drugs and drug addiction gathered in the Member States or emanating from the 
Community  into  international  monitoring  and  drug-control  programmes, 
particularly  those  established  by  the  United  Nations  Organization  and  its 
specialised agencies; 

⌦ (iii) ⌫  13)  cooperate⌦ cooperating ⌫  actively  with  the  bodies  referred  to  in 

Article ⌦ 16 ⌫12; 

(cid:208) 2220/2000 Art. 1(2) (adapted) 
(cid:214) new 

⌦ (iv) ⌫ 14) 

It  may  transfer⌦ ring ⌫  in  applicant  countries  and  in 
countries eligible for the PHARE programme, at the request of the Commission 
of  the  European  Communities,  its  know-how  (cid:214) in  certain  non-Community 
countries  such  as  the  candidates  for  EU  accession  or  the  countries  of  the 
western Balkans, (cid:213) and assist⌦ ing ⌫ in the creation  and reinforcement of 
structural  links  with  the  Reitox  network  ⌦ referred  to  in  Article 5 ⌫  and 
⌦ in ⌫ the setting-up and the consolidation of the national focal points. 

(cid:208) 302/93  

Article 3 

Work method 

1. The Centre shall progressively carry out its tasks in the light of the objectives adopted in 
the three-year and annual work programmes and with due regard to the available resources. 

2.  In  pursuing  its  activities,  the  Centre  shall,  in  order  to  avoid  duplication,  take  account  of 
those  already  carried  out  by  other  existing  or  future  institutions  and  agencies,  notably  the 
European Police Office (Europol), and shall ensure that it adds to their value. 

12 

 
 
  
 
 
 
Article 4 

Priority areas of activity 

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

(cid:208) 302/93 (adapted) 

Article 5 

European Information Network on Drugs and Drug Addiction (Reitox) 

1. The Centre shall have at its disposal the European Information Network on Drugs and Drug 
Addiction  (Reitox),  a  computer  network  forming  the  infrastructure  for  collecting  and 
exchanging  information  and  documentation;  the  network  shall  make  use  of,  inter  alia,  an 
autonomous computer system linking the national drug information networks, the specialized 
centres  in  Member  States  and  the  information  systems  of  the  international  or  European 
organizations or bodies cooperating with the Centre. 

2. In order to enable the network to be established as rapidly and efficiently as possible, the 
Member States shall, with in six months of the entry into force of this Regulation, notify the 
Centre  of  the  main  elements  of  their  national  information  networks,  including  where 
appropriate the national monitoring centres, in the areas of activity mentioned in Article 4 and 
name any specialized Centres which in their judgment could make a useful contribution to the 
Centre's work. 

3. The specialized centres shall be designated with the consent of the Member State in whose 
territory they are located, by a unanimous decision of the members of the management board, 
as  referred  to  in  the  second  subparagraph  of  Article  8  (2),  for  a  period  not  exceeding  the 
duration of each multiannual work programme as referred to in Article 8 (3). This designation 
shall be renewable. 

4. The Centre may, with the consent of the Member State in whose territory the centres are 
located,  enter  into  contractual  relations,  in  particular  subcontracting  arrangements,  with 
governmental or non-governmental specialized centres as referred to in paragraph 3, in order 
to  fulfil  any  tasks  which  it  may  wish  to  entrust  to  them.  With  the  consent  of  the  respective 
Member States, it may also enter into contracts, on an ad hoc basis and for specific tasks, with 
bodies which are not part of Reitox. 

5.  The  allocation  of  specific  tasks  to  the  specialized  centres  shall  appear  in  the  Centre's 
multiannual programme mentioned in Article 8 (3). 

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

(cid:216) new 

13 

 
 
  
 
 
 
designation of the national focal points shall be the exclusive responsibility of the countries 
concerned.  

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

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

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

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

(cid:208) 302/93 

Article 6 

Protection and confidentiality of data 

1. Where on the basis of this Regulation personal data which do not enable natural persons to 
be identified are also forwarded to the Centre in accordance with national law, such data may 
be  used  only  for  the  stated  purpose  and  under  the  conditions  prescribed  by  the  forwarding 
authority.  This  shall  apply  mutatis  mutandis  where  personal  data  are  communicated  by  the 
Centre to the competent authorities of the Member States or to international organisations and 
other European institutions. 

2. Data on drugs and drug addiction provided to or by the Centre may be published subject to 
compliance  with  Community  and  national  rules  on  the  dissemination  and  confidentiality  of 
information. Personal data may not be published or made accessible to the public. 

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

(cid:208) 302/93 (adapted) 

(cid:208) 1651/2003 Art. 1(1) (adapted) 

Article ⌦ 7 ⌫ 6a 

Access to documents 

14 

 
 
  
 
 
 
 
1. 
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 
May  2001  regarding  public  access  to  European  Parliament,  Council  and  Commission 
documents17, shall apply to documents held by the Centre. 

The  Management  Board  shall  adopt  the  arrangements  for  implementing  Regulation 
2. 
(EC) No 1049/2001 ⌦ by 1 April 2004 at the latest. ⌫ within six months of entry into force 
of Council Regulation (EC) No 1651/2003 of 18 June 2003 amending Regulation (EEC) No 
302/93  on  the  establishment  of  a  European  Monitoring  Centre  for  Drugs  and  Drugs 
Addiction18. 

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

(cid:208)1651/2003 Art. 1(1) 

(cid:208) 302/93 Art. 7 

Article 8 

Legal status 

The  Centre  shall  have  legal  personality.  It  shall  enjoy,  in  each  Member  State,  the  most 
extensive legal status granted to legal persons under their laws; in particular, it may purchase 
or dispose of movable and immovable property and may institute legal proceedings. 

(cid:208) 302/93 Art. 8 (adapted) 
(cid:214) new 

Article 9 

Management Board 

1.  The  Centre  shall  have  a  Management  Board  consisting  of  one  representative  from  each 
Member  State,  (cid:214) one  representative  from  each  country  which  has  concluded  an  agreement 
pursuant  to  Article 17  of  this  Regulation (cid:213),  ⌦ and ⌫  two  representatives  from  the 
Commission and two scientists particularly qualified in the field of drugs, designated by the 
European Parliament on the basis of their particular qualification in that field. 

Each  member  of  the  Management  Board  may  be  assisted  or  represented  by  an  alternative 
member.  In  the  absence  of  ⌦ a ⌫  full  member(cid:214) who  has  the  right  to  vote (cid:213),  the 
alternative  member  may  exercise  his⌦ that ⌫  right  to  vote.  The  Management  Board  may 

17 
18 

OJ L 145, 31.5.2001, p. 43. 
OJ L 245, 29.9.2003, p. 30. 

15 

 
 
  
 
 
 
 
                                                 
call in as non-voting observers representatives of international organisations with which the 
Centre cooperates in accordance with Article ⌦ 16 ⌫12. 

2.  The  chairman  (cid:214) and  vice-chairman (cid:213)  of  the  Management  Board  shall  be  elected  by  its 
members  for  a  three-year  period:  his⌦ their ⌫  term⌦ s ⌫  of  office  shall  be  renewable 
once. The chairman (cid:214) and vice-chairman (cid:213) shall take part in the voting. (cid:214) Each member of 
the  Management  Board  shall  have  one  vote,  except  for  the  members  representing  the 
countries which have concluded agreements pursuant to Article 17 of this Regulation. (cid:213)  

The  decisions  of  the  Management  Board  shall  be  taken  by  a  two-thirds  majority  of 
its⌦ the ⌫ members ⌦ with a right to vote ⌫, except in the cases referred to in Article 5 
(3), for which a unanimous decision by the members is required, and in paragraph 3 of this 
Article. 

The Management Board shall draw up its own rules of procedure. 

The management board⌦ It ⌫ shall meet at least once a year. 

3. The Management Board shall adopt a three-year work programme on the basis of a draft 
submitted by the Centre's Director, after consulting the Scientific Committee and seeking the 
opinions  of  the  Commission  and  of  the  Council(cid:214) ,  and  shall  forward  it  to  the  European 
Parliament,  the  Council  and  the  Commission .(cid:213)  The  first  three-year  programme  shall  be 
adopted  unanimously,  within  nine  months  of  the  entry  into  force  of  this  Regulation.  The 
management  board,  acting  by  a  majority  of  three-quarters  of  its  members,  shall  decide 
whether subsequent three-year programmes are to be adopted by the majority laid down in the 
second subparagraph of paragraph 2 of this Article or by unanimity. 

4.  Under  the  three-year  work  programme,  the  Management  Board  shall  each  year  adopt  the 
Centre's  annual  work  programme  on  the  basis  of  a  draft  submitted  by  the  Director,  after 
consulting  the  Scientific  Committee  and  seeking  the  Commission's  opinion.  (cid:214) The  work 
programme  shall  be  forwarded  to  the  European  Parliament,  the  Council  and  the 
Commission (cid:213)  .  The  programme⌦ It ⌫  may  be  adjusted  in  the  course  of  the  year  in 
accordance with the same procedure. 

(cid:208)1651/2003 Art. 1(2) 

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

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

(cid:216) new 

Article 10 

Steering Committee 

16 

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

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

(cid:208) 302/93 Art. 9 

Article 11 

Director 

1.  The  Centre  shall  be  headed  by  a  Director  appointed  by  the  Management  Board  on  a 
proposal from the Commission for a five-year period, which shall be renewable. 

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

(cid:216) new 

The Director shall be responsible for: 

(cid:208) 302/93 Art. 9 (adapted) 

– 

– 

– 

– 

– 

– 

⌦ (a) ⌫ 
programmes adopted by the Centre's Management Board, 

preparing  and 

implementing 

the  decisions  and  ⌦ work ⌫ 

⌦ (b) ⌫ 

day-to-day administration, 

⌦ (c) ⌫ 

preparing the Centre's work programmes, 

⌦ (d) ⌫ 
expenditure and the implementation of the budget, 

the  preparation  of  the  draft  estimate  of  the  Centre's  revenue  and 

(cid:208) 1651/2003 Art. 1(3) (adapted) 

⌦ (e) ⌫ 
Regulation, 

the  preparation  and  publication  of  the  reports  provided  for  in  this 

(cid:208) 302/93 Art. 9 (adapted) 

⌦ (f) ⌫ 

all staff matters, 

17 

 
 
  
 
 
 
 
 
 
– 

⌦ (g) ⌫ 

performance of the tasks referred to in Article 1 and 2, 

– 

-(h) 

regular assessment of the Centre's work. 

(cid:216) new 

(cid:208) 302/93 Art. 9  
(cid:214) new 

2.  The  Director  shall  be  accountable  for  his  activities  to  the  Management  Board  and  shall 
attend its meetings (cid:214) and the meetings of the Steering Committee (cid:213). 

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

(cid:216) new 

Article 12 

Hearing of the Director before the European Parliament 

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

(cid:208) 302/93 Art. 10 

Article 13 

Scientific Committee 

1. The Management Board and the Director shall be assisted by a Scientific Committee which 
shall  deliver  an  opinion  where  provided  for  in  this  Regulation  on  any  scientific  matter 
concerning the Centre's activities which the Management Board or the Director may submit to 
it. 

The opinions of the Scientific Committee shall be published. 

(cid:208) 302/93 Art. 10 (adapted) 
(cid:214) new 

2.  The  Scientific  Committee  shall  consist  of  (cid:214) at  most  18 well-known  scientific  figures 
appointed in view of their scientific excellence and independence by the Management Board, 
which shall ensure that the specialist fields of the Scientific Committee's members cover all 
scientific  fields  linked  to  the  problems  of  drugs  and  drug  addiction. (cid:213)  one  representative 

18 

 
 
  
 
 
 
 
 
 
from  each  Member  State.  The  management  board  may  appoint  up  to  six  other  members 
having regard to their particular qualifications. 

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

(cid:216) new 

(cid:208) 302/93 Art. 10 (adapted) 
(cid:214) new 

3.  Members  shall  serve  on  the  Scientific  Committee  for  a  three-year  period,  which  shall  be 
renewable (cid:214) twice at most (cid:213). 

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

5. The Scientific Committee⌦ It ⌫ shall be convened by its chairman at least once a year. 

(cid:208) 1651/2003 Art. 1(4) (adapted) 

Article ⌦ 14 ⌫ 11 

(cid:208)1651/2003 Art. 1(4) 

Drawing up of the budget 

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

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

3. The Centre's revenue shall, without prejudice to other resources, consist of a subsidy from 
the Community entered in the general budget of the European Union (Commission Section), 
payments  for  services  rendered  and  any  financial  contributions  from  the  organisations  and 
bodies and non-Community countries mentioned in Articles ⌦ 16 and 17 ⌫12 et 13. 

(cid:208) 1651/2003 Art. 1(4) (adapted) 

4. The Centre's expenditure shall include: 

(a) 

staff remuneration, administrative and infrastructure expenses, and operating costs; 

(cid:208)1651/2003 Art. 1(4) 

19 

 
 
  
 
 
 
 
 
 
 
(b) 

expenditure in support of the (cid:214) Reitox focal points (cid:213)national information networks 
which form part of the Reitox network and expenditure relating to contracts with the 
specialised centres. 

(cid:208) 1651/2003 Art. 1(4) (adapted) 
(cid:214) new 

(cid:208) 1651/2003 Art. 1, pt. 4 
(adapted) 

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

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

7⌦ 6 ⌫. On the basis of the estimate, the Commission shall enter in the preliminary draft 
general budget of the European Union the estimates it deems necessary for the establishment 
plan and the amount of the subsidy to be charged to the general budget, which it shall place 
before the budgetary authority in accordance with Article 272 of the Treaty. 

8⌦ 7 ⌫.  The  budgetary  authority  shall  authorise  the  appropriations  for  the  subsidy  to  the 
Centre ⌦ and ⌫.The budgetary authority shall adopt the establishment planfor the Centre. 

9  ⌦ 8 ⌫.  The  budget  shall  be  adopted  by  the  Management  Board.  It  shall  become  final 
following final adoption of the general budget of the European Union. Where appropriate, it 
shall be adjusted accordingly. 

10  ⌦ 9 ⌫  .  The  Management  Board  shall,  as  soon  as  possible,  notify  the  budgetary 
authority  of  its  intention  to  implement  any  project  which  may  have  significant  financial 
implications for the funding of the budget, in particular any projects relating to property such 
as the rental or purchase of buildings. It shall inform the Commission thereof. 

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

(cid:208) 1651/2003 Art. 1(5) (adapted) 

Article ⌦ 15 ⌫ 11a 

Implementation of the budget 

(cid:208)1651/2003 Art. 1(5) 

20 

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

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

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

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

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

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

(cid:208) 1651/2003 Art. 1(5) (adapted) 

7. The final accounts shall be published. 

8⌦ 7 ⌫.  The  Director  shall  send  the  Court  of  Auditors  a  reply  to  its  observations  by  30 
September at the latest. He shall also send this reply to the Management Board. 

9⌦ 8 ⌫. The Director shall submit to the European Parliament, at the latter's request, any 
information required for the smooth application  of the  discharge  procedure for the  financial 
year in question, as laid down in Article 146(3) of the general Financial Regulation. 

10⌦ 9 ⌫  .  The  European  Parliament,  on  a  recommendation  from  the  Council  acting  by  a 
qualified  majority,  shall,  before  30  April  of  year  N  +  2,  give  a  discharge  to  the  Director  in 
respect of the implementation of the budget for year N. 

11⌦ 10 ⌫  .  The  financial  rules  applicable  to  the  Centre  shall  be  adopted  by  the 
Management  Board  after  the  Commission  has  been  consulted.  They  may  not  depart  from 
Commission  Regulation  (EC,  Euratom)  No  2343/2002  of  19  November  2002  on  the 
framework  Financial  Regulation  for  the  bodies  referred  to  in  Article  185  of  Council 
Regulation  (EC,  Euratom)  No  1605/2002  on  the  Financial  Regulation  applicable  to  the 
general  budget  of  the  European  Communities19  unless  specifically  required  for  the  Centre's 
operation and with the Commission's prior consent. 

19 

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

21 

 
 
  
 
 
                                                 
(cid:208) 302/93 Art. 12 (adapted) 

Article 16 

Cooperation with other ⌦ national and international ⌫ organisations and bodies 

Without  prejudice  to  relations  which  the  Commission  may  maintain  pursuant  to  Article 
⌦ 302 ⌫229  of  the  Treaty,  the  Centre  shall  actively  seek  the  cooperation  of  international 
organisations and other, particularly European, governmental and non-governmental agencies 
competent in the sector of drugs. 

(cid:208) 302/93 Art. 13 (adapted) 

Article 17 

Non-Community countries 

1.  The  Centre  shall  be  open  to  the  participation  of  those  non-Community  countries  which 
share the Community's interests and those of its Member States in the Centre's objectives and 
work, on the basis of agreements entered into between them and the Community on the basis 
of Article ⌦ 300 ⌫235 of the Treaty. 

2.  The  management  board  may  take  a  decision  on  the  involvement  of  experts  proposed  by 
non-Community countries in the ad hoc working parties provided for in Article 2 (2), subject 
to an undertaking from the interested parties to observe the rules referred to in Article 6. 

(cid:208) 302/93 Art. 14 

Article 18 

Privileges and immunities 

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

(cid:208) 302/93 Art. 15 

Article 19 

Staff Regulations 

The staff of the Centre shall be subject to the regulations and rules applicable to the officials 
and other servants of the European Communities. 

22 

 
 
  
 
 
 
 
 
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. 

(cid:208) 302/93 Art. 16 

Article 20 

Liability 

1.  The  contractual  liability  of  the  Centre  shall  be  governed  by  the  law  applicable  to  the 
contract  in  question.  The  Court  of  Justice  shall  have  jurisdiction  pursuant  to  an  arbitration 
clause contained in a contract concluded by the Centre. 

2.  In  the  case  of  non-contractual  liability,  the  Centre  shall,  in  accordance  with  the  general 
principles common to the laws of the Member States, make good any damage caused by the 
Centre  or  its  servants  in  the  performance  of  their  duties.  The  Court  of  Justice  shall  have 
jurisdiction in disputes relating to compensating for any such damage. 

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

(cid:208) 302/93 Art. 17 (adapted) 

Article 21 

Jurisdiction of the Court of Justice 

The  Court  of  Justice  shall  have  jurisdiction  in  actions  brought  against  the  Centre  under  the 
conditions provided for in Article ⌦ 230 ⌫173 of the Treaty. 

(cid:216) new 

Article 22 

Combating fraud 

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

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

23 

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

(cid:208) 302/93 Art. 18 (adapted) 
(cid:214) new 

Article 23 

(cid:214) Evaluation (cid:213) report 

(cid:214) An external evaluation of the Centre's work shall be conducted every five years. (cid:213) During 
the third year following the entry into force of this Regulation, t⌦ T ⌫he Commission shall 
forward⌦ ,  if  appropriate, ⌫  to  the  European  Parliament  and  to  the  ⌦ Council ⌫ 
Community  a  progress  report  on  the  Centre's  activities,  together  with  proposals,  if 
appropriate, to modify or extend its tasks, taking into account, in particular, the evolution of 
Community powers (cid:214) the Regulation on the Centre (cid:213). 

(cid:216) 

Article 24 

Repeal 

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

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

(cid:208) 302/93 Art. 19 (adapted) 

Article 25 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  day  following  the  decision  of  the  competent 
authorities  on  the  seat  of  the  Centre⌦ of  its  publication  in  the  Official  Journal  of  the 
European Union ⌫. 

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

24 

 
 
  
 
 
 
 
Done at Brussels, []. 

For the Council 

The President 
[…]

25 

 
 
  
 
 
 
 
(cid:208) 302/93 (adapted) 
(cid:214) new 

Annex ⌦ I ⌫ 

A. 

The work of the Centre shall be carried out with due regard to the respective powers 
of the Community and its Member States in the area of drugs, as those powers are 
defined  by  the  Treaty.  (cid:214) It  shall  cover  the  various  facets  of  the  drugs  and  drug 
addiction phenomenon, and the solutions applied. (cid:213) 

The EMCDDA shall focus on the following priority areas: 

(cid:216) new 

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

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

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

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

(cid:208) 302/93 (adapted) 

The information gathered by the Centre shall relate to the following priority areas: 

1) 

2) 

3) 

4) 

demand and reduction of the demand for drugs; 

national  and  Community  strategies  and  policies  (with  special  emphasis  on 
international,  bilateral  and  Community  policies,  action  plans,  legislation, 
activities and agreements); 

international  cooperation  and  geopolitics  of  supply  (with  special  emphasis  on 
cooperation programmes and information on producer and transit countries); 

control  of  trade  in  narcotic  drugs,  psychotropic  substances  and  precursors,  as 
provided  for  in  the  relevant  present  or  future  international  conventions  and 
Community acts20; 

20 

The  relevant  international  conventions  currently  in  force  include,  in  particular,  the  United  Nations 
Conventions, in so far as the Community is or could become party to them. 

The relevant Community acts currently in force include in particular Council Regulation (EEC) No 3677/90 of 
13 December 1990 laying down measures to be taken to discourage the diversion of certain substances 
to the illicit manufacture of narcotic drugs and psychotropic substances. 

26 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
                                                 
5) 

Implications  of  the  drugs  phenomenon  for  producer,  consumer  and  transit 
countries, within areas covered by the Treaty, including money laundering, as 
laid down by the relevant present or future Community acts21. 

B. 

C. 

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

During  the  first  three-year  period  special  attention  will  be  given  to  demand  and 
demand reduction. 

________________ 

21 

This involves only information which the Member States are obliged to supply to the Commission on 
the basis of existing and future Community legislation. 
Of the relevant Community acts currently in force the one concerning money laundering is the Council 
Directive of 10 June 1991 on prevention of the use of the financial system for the purpose of money 
laundering. 
This involves only information which the Member States are obliged to supply to the Commission on 
the basis of existing and future Community legislation. 

27 

 
 
  
 
                                                                                                                                                         
(cid:215) 

Annex II 

Repealed Regulation and successive amendments 

Council Regulation (EEC) No 302/93 

 OJ L 36, 12.2.1993, p. 1. 

Council Regulation (EEC) No 3294/94 

OJ L 341, 30.12.1994, p. 7. 

Council Regulation (EEC) No 2220/2000 

OJ L 253, 7.10.2000, p. 1. 

Council Regulation (EEC) No 1651/2003 

OJ L 245, 29.9.2003, p. 30. 

________________ 

28 

 
 
  
 
 
Annex III 

Correlation table 

Council Regulation (EEC) No 302/93 

This Regulation 

Article 1 

Article 1 

Article 2, introductory sentence 

Article 2, introductory sentence 

Article 2(A), introductory words 

Article 2(a), introductory words 

Article 2(A)(1) 

Article 2(a)(i), first sentence 

- 

Article 2(a)(i), second sentence 

Article 2(A)(2) 

Article 2(A)(3) 

Article 2(A)(4) 

Article 2(A)(5) 

Article 2(a)(ii) 

Article 2(a)(iii) 

Article 2(a)(iv) 

Article 2(a)(v) 

Article 2(B), introductory words 

Article 2(b), introductory words 

Article 2(B)(6), first sentence 

Article 2(b)(i), first sentence 

- 

Article 2(b)(i), second sentence 

Article 2(B)(7) 

Article 2(b)(ii) 

Article 2(C), introductory words 

Article 2(c), introductory words 

Article 2(C)(8) 

Article 2(C)(9) 

Article 2(C)(10) 

Article 2(c)(i) 

Article 2(c)(ii) 

Article 2(c)(iii) 

Article 2(D), introductory words 

Article 2(d), introductory words 

Article 2(D)(11) 

Article 2(D)(12) 

Article 2(D)(13) 

Article 2(D)(14) 

Article 3 

Article 4 

29 

Article 2(d)(i) 

Article 2(d)(ii) 

Article 2(d)(iii) 

Article 2(d)(iv) 

Article 3 

Article 4 

 
 
  
 
Article 5 

- 

Article 6 

Article 6a 

Article 7 

Article 8(1) 

- 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9(1) 

Article 8(2), first subparagraph 

- 

Article 9(2), first subparagraph, first 
sentence 

Article 9(2), first subparagraph, second 
sentence 

Article 8(2), second to fourth 
subparagraphs 

Article 9(2), second to fourth 
subparagraphs 

Article 8(3), first sentence 

Article 9(3) 

Article 8(3), second and third sentences 

- 

Article 8(4), first sentence 

Article 9(4), first sentence 

- 

Article 9(4), second sentence 

Article 8(4), second sentence 

Article 9(4), third sentence 

Article 8(5) and (6) 

Article 9(5) and (6) 

- 

Article 10 

Article 9(1), first subparagraph 

Article 11(1), first subparagraph 

- 

Article 11(1), second subparagraph 

Article 9(1), second subparagraph, 
introductory words 

Article 11(1), third subparagraph, 
introductory words 

Article 9(1), second subparagraph, first to 
seventh indent 

Article 11(1), third subparagraph, (a) to 
(g) 

- 

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

Article 9(2) and (3) 

Article 11(2) and (3) 

- 

Article 10(1) 

Article 12 

Article 13(1) 

30 

 
 
  
 
Article 10(2), first subparagraph, first 
sentence 

Article 13(2), first subparagraph 

Article 13(2), first subparagraph, second 
sentence 

- 

Article 13(2), second subparagraph 

Article 10(3) to (5) 

Article 13(2), third to fifth subparagraphs 

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

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

Article 11(5) 

Article 11(6) 

Article 11(7) 

Article 11(8) 

Article 11(9) 

Article 11(10) 

Article 14(5), first subparagraph 

Article 14(5), second subparagraph 

Article 14(6) 

Article 14(7) 

Article 14(8) 

Article 14(9) 

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

Article 15(1), (2), (3), (4) and (5) 

Article 11a(6) 

Article 11a(7) 

Article 11a(8) 

Article 11a(9) 

Article 11a(10) 

Article 11a(11) 

Article 12 

Article 13(1) 

Article 13(2) 

Article 14 

Article 15 

Article 16 

Article 17 

- 

Article 15(6), first subparagraph 

Article 15(6), second subparagraph 

Article 15(7) 

Article 15(8) 

Article 15(9) 

Article 15(10) 

Article 16 

Article 17 

- 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

31 

 
 
  
 
 
Article 18 

- 

Article 19 

Article 23 

Article 24 

Article 25 

Annex, point A, first paragraph 

Annex I, point A, first paragraph 

Annex, point A, second paragraph 

- 

- 

Annex I, point A, second paragraph 

Annex, point B 

Annex, point C 

- 

- 

Annex I, point B 

- 

Annex II 

Annex III 

32