Proposal for a Regulation of the European Parliament and of the Council on the European Monitoring Centre for Drugs and Drug Addiction (recast)
Date: 2005-08-31
Institutions: European Commission
Subjects: European Monitoring Centre for Drugs and Drug Addiction, enlargement of the Union, narcotic, operation of the Institutions, powers of the institutions (EU), public health

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.08.2005 
COM(2005) 399 final 

2005/0166 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the European Monitoring Centre for Drugs and Drug Addiction 

(recast) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

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  licit  and  illicit  psychoactive  substances,  to  adapt  the 
operation  of  the  Centre's  Management  Board  to  take  account  of  enlargement.  It  therefore 
seemed appropriate to recast the Regulation, in the interests of clarity.0 

•  General context 

In late 2003, the Commission presented a recast proposal for Council Regulation (EEC) No 
302/93  (COM(2003)808).  The  legal  basis  chosen  was  article  308,  the  same  used  in  the 
EMCCDA founding regulation. 

The European Parliament was consulted and delivered an Opinion in April 2004. 

After several months of discussions in the relevant Council Working Party (Horizontal Drugs 
Group) it was decided to change the legal basis of the proposal to article 152, which implies 
co-decision procedure. 

In order to allow proper consultation of the European Parliament, the Commission decided to 
present a new recast proposal. 

This proposal cancels and replaces the former Commission proposal.139 

•  Existing provisions in the area of the proposal 

Council  Regulation  (EEC)  No  302/93  and  its  three  amending  regulations  that  are  being 
recasted.140 

•  Consistency with other policies and objectives of the Union 

This regulation is consistent with other policies and objectives of the Union. 

(2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Not relevant. 

•  Collection and use of expertise 

229 

There was no need for external expertise. 

230 

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•  Impact assessment 

There was no impact assessment. 

This proposal constitutes a recast of an existing regulation. 

(3) 

LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

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, and to enable the Centre to develop tools and instruments to facilitate the Member 
States’ and the Community's monitoring and evaluation of their respective drugs policies and 
strategies. 

- 
those  designed  to  adapt  the  operation  of  the  EMCDDA's  bodies  in  order  to  take 
account  of  enlargement.  The  Regulation  sets  up  an  Executive  Committee  to  assist  the 
Management Board.  

- 
those  designed  to  bring  into  line  the  EMCDDA  Regulation  with  the  Commission’s 
draft  interinstitutional  agreement  on  a  framework  for  European  regulatory  agencies 
(COM(2005)59). 

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

- 
those  designed  to  remove  a  number  of  uncertainties  which  emerged  when  the  initial 
Regulation was applied. In particular, this concerns the reference to the Reitox focal points, 
instead of the specialised centres.310 

•  Legal basis 

The  legal  basis  chosen  is  article  152,  according  to  which  the  Community  shall  complement 
the Member States' action in reducing drugs-related health damage, including information and 
prevention.320 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason(s).321 

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The  Centre's  objective  is  to  provide  the  Community  and  its  Member  States  with  objective, 
reliable and comparable information at European level concerning drugs and drug addiction 
and their consequences.323 

Comparable  data  at  European  level  is  easier  to  achieve  through  a  body  with  European 
dimension. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reason(s).324 

The collection and dissemination of comparable data at European level is better achieved by 
the creation of the Centre.325 

The Centre was established over 10 years ago; the work it has developed in the area clearly 
demonstrates that EU action is needed.327 

The  Centre  has  at  its  disposal  the  European  Information  Network  on  Drugs  and  Drug 
Addiction (Reitox), which consists of one focal point for each Member State. The designation 
of the national focal points is of the exclusive responsibility of the countries concerned. The 
Centre works primarily on the basis of data supplied by the national focal points. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s).331 

This regulation does not go beyond what is necessary to achieve its objective.332 

The financial and administrative burden is proportionate to the objective of the proposal. 

•  Choice of instruments 

Proposed instruments: regulation.342 

Other means would not be adequate for the following reason(s). 

The current proposal consists of a recast of the EMCDDA founding Regulation. 

(4) 

BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

(5) 

ADDITIONAL INFORMATION 

510 

•  Simplification 

511 

The proposal provides for simplification of legislation.512 

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It is a recast of Regulation 302/93 and its amending regulations.515 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation.540 

•  Recasting 

The proposal involves recasting570 

•  Detailed explanation of the proposal 

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,  and  with  a  view  to  giving  concise  reasons  for  the  main 
substantive provisions of the act. 

The most significant amendments concern the following articles: 

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  licit  and  illicit  psychoactive 
substances. Furthermore, as regards improving the data comparison methodology, it requires 
the  EMCDDA  to  devise  tools  and  instruments  to  facilitate  the  Member  States'  and  the 
Commission's  monitoring  and  evaluation  of  their  respective  drugs  policies  and  strategies. 
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 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 psychoactive substances 
and maintaining a rapid information system, and developing tools and instruments to facilitate 
the Member States' and the Commission's monitoring and evaluation of their respective drugs 
policies. 

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 
clearly define their functions. 

Article 8 concerns the legal status of the Centre. It has been adapted to take account of the fact 
that the Centre has a seat. 

Article 9 concerns the composition and role of the Management Board. It has been amended: 
the  role  of  vice  chairperson  is  created;  the  non  voting  status  of  the  Management  Board 
members representing countries which have concluded agreements  pursuant to Article 21 is 
specified. 

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

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Article 11 sets out the role and responsibilities of the Director. It has been amended to take 
account  of  recent  Commission  guidelines  concerning  the  appointment  and  extension  of  the 
mandate  of  the  Community  Agencies  Directors.  It  also  states  that,  upon  appointment,  the 
candidate  for  the  post  of  Director  shall  be  invited  to  make  a  statement  before  the  European 
Parliament. It specifies that the Director is responsible for assessing the Centre's work. 

Article 12 is new. It provides for the hearing of the Director before the European Parliament 
on any subject related to the Centre's activities. 

Article 13 relates to the EMCDDA's Scientific Committee. It has been amended to take into 
account  the  role  it  was  granted  by  Council  Decision  of  10  May  2005  on  information 
exchange, risk assessment and control of new psychoactive substances. 

Article  16  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,  including  the  Reitox  system,  to  be  conducted 
every six 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. 

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2005/0166 (COD) 

Proposal for a 

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

REGULATION (EC) No […] OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 

of […] 

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
235 (cid:214) 152 (cid:213) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

Council Regulation (EEC) No 302/93 on the establishment of a European Monitoring 
Centre for Drugs and Drug Addiction5 has been substantially amended several times6. 
Since further amendments are to be made, it should be recast in the interests of clarity. 

(cid:208)  

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

(cid:208) 302/93 

1 
2 
3 
4 
5 

6 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
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. 

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– 

– 

to  Combat  Drugs 

ratified the «Guidelines for a European Plan to Combat Drugs» submitted to it by the 
the 
European  Committee 
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», 

(Celad),  and 

in  particular 

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; 

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 Recital 1 (adapted) 

(cid:208) 302/93 Recital 2 (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; ⌦ with Regulation 
(EEC)  N°  302/93  the  European  Monitoring  Centre  for  Drugs (EMCDDA) was 
established ⌫  on 
its 
that 
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»; 

the  practical  arrangements  for 

the  understanding 

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»; 

(cid:208) 302/93 Recital 3 (adapted) 

Whereas  the  Community  concluded,  by  Decision  90/611/EEC7,  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 thereof8; 

(cid:208) 302/93 Recital 4 (adapted) 

7 
8 

OJ No L 326, 24. 11. 1990, p. 56. 
OJ No L 326, 24. 11. 1990, p. 57. 

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Whereas the Council adopted Regulation (EEC) No 3677/909 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; 

(cid:208) 302/93 Recital 5 (adapted) 

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  laundering10,  which  aims  in  particular  to 
combat drug trafficking; 

(cid:208) 302/93 Recital 6 (adapted) 

(3) 

(4) 

(5) 

(6) 

(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 

By its Decision No 2367/2002/EC of 16 December 2002, the European Parliament and 
the  Council  agreed  on  the  Community  statistical  programme  2003  to  2007,  which 
includes the Community’s actions on statistics in the field of health and safety. 

 Council  Decision  2005/387/JHA  of  10  May  2005  on  information  exchange,  risk 
assessment  and  control  of  new  psychoactive  substances11  sets  out  the  role  of  the 
EMCDDA  and  its  Scientific  Committee  in  the  rapid  information  system  and  in  the 
assessment of the risks of new substances.  

(7) 

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.  

9 

10 
11 

OJ No L 357, 20. 12. 1990, p. 1. Regulation, as amended by Regulation (EEC) No 900/92 (OJ No L 96, 
10. 4. 1992, p. 1). 
OJ No L 166, 28. 6. 1991, p. 77. 
OJ L 127, 20.05.2005, p. 32 

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9 

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(8) 

(9) 

Council  Resolution  of  15  November  2001  on  the  implementation  of  the  five  key 
epidemiological  indicators  on  drugs12  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. 

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.  

(cid:208) 302/93 Recital 9 (adapted) 

(10)  The  information  compiled  by  the  Centre  will  concern  priority  areas  whose  content, 

scope and implementing arrangements should be defined.  

(cid:208) 302/93 Recital 10 

Whereas,  during  the  first  three-year  period,  special  attention  will  be  given  to  demand  and 
demand reduction; 

(cid:208) 302/93 Recital 11 (adapted) 

Whereas, in their resolution of 16 May 1989 concerning a European network of health data on 
drug abuse13, 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; 

(cid:208) 302/93 Recital 12 (adapted) 

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; 

(cid:208) 302/93 Recital 13 (adapted) 

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; 

(cid:208) 302/93 Recital 14 (adapted) 

12 
13 

CORDROGUE 67 of 15 November 2001. 
OJ No C 185, 22. 7. 1989, p. 1. 

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10 

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(11)  There  already  exist  national,  European  and  international  organizations  and  bodies 
supplying information of this kind, and the Centre should be able to carry out its tasks 
in close cooperation with them.  

(cid:208)302/93 Recital 15 

(cid:216) new 

(12)  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 data14 applies to the processing of personal data by the Centre.  

(13) 

 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 
documents15 and must also be applied in the Community agencies.  

(14)  The Centre must have legal personality. 

(cid:208) 302/93 Recital 16  

(cid:208) 302/93 Recital 17 (adapted) 

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; 

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; 

(cid:208) 302/93 Recital 18 (adapted) 

(cid:208) 302/93 Recital 19 (adapted) 

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; 

Whereas, for the adoption of this Regulation the Treaty provides for no powers to act other 
than those laid down in Article 235, 

14 
15 

OJ L 8, 12.1.2001, p. 1. 
OJ L 145, 31.5.2001, p. 43. 

EN 

11 

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(cid:216) new 

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

(15) 
Executive Committee.  

In  order  to  ensure  that  the  European  Parliament  is  well  informed  of  the  state  of  the 

(16) 
drugs phenomenon in the European Union, it must be able to question the Centre's Director.  

(17)  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)16  and  the 
Interinstitutional  Agreement  of  25 May 1999  concerning  internal  investigations  by  the 
European  Anti-fraud  Office  (OLAF)  17  to  which  the  Centre  has  acceded  and  adopted  the 
necessary implementing provisions.  

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

In accordance with the principle of subsidiarity laid down in Article 5 of the Treaty, 
(19) 
the  objectives  of  the  European  Monitoring  Centre  for  Drugs  and  Drug  Addiction  cannot  be 
sufficiently achieved by the Member States and can, by reason of the scale or effects of the 
proposed action, be better achieved at Community level. In accordance with the principle of 
proportionality  laid  down  in  the  same  Article,  this  Regulation  does  not  go  beyond  what  is 
necessary to achieve those objectives. 

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

HAVE ADOPTED THIS REGULATION: 

(cid:208) 302/93 (adapted) 

Article 1 

Objective 

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

16 
17 

OJ L 136, 31.5.1999, p. 1. 
OJ L 136, 31.5.1999, p. 15. 

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

2. The Centre's objective is to provide, in the areas referred to in Article 4 3, 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.  (cid:214) The  statistical  element  of  this  information  shall  be  developed,  in 
collaboration  with  the  relevant  statistical  authorities,  using  as  necessary  the  Community 
Statistical Programme to promote synergy and avoid duplication. (cid:213) 

4. Without prejudice to Article 2(D)142(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 

Article 2 

Tasks 

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

A. 

(a) Collection and analysis of existing data 

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

It shall: 

1. 

(i) collect ⌦ ing ⌫ , register ⌦ ing ⌫ and analyse ⌦ ing ⌫ information, 
including  data  resulting  from  research,  communicated  by  Member  States  as 
well  as  that  emanating  from  Community,  non-governmental  national  sources 
and  competent  international  organizations;  (cid:214) this  collection,  registration  and 
analysis  work  shall  also  cover  data  on  emerging  trends  in  poly-drug  use, 
including the combined use of licit and illicit psychoactive substances; (cid:213) 

2. 

(ii)  carry  ⌦ carrying ⌫  out  surveys,  preparatory  studies  and  feasibility 
studies,  together  with  any  pilot  projects  necessary  to  accomplish  its  tasks; 
organize  ⌦ organizing ⌫  meetings  of  experts  ⌦ , ⌫  and  whenever 

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necessary set ⌦ setting ⌫ up ad hoc working parties for the purpose; it shall 
set  ⌦ setting ⌫  up  and  make  ⌦ making ⌫  available  open  scientific 
documentation  resources  and  assist  ⌦ assisting ⌫  in  the  promotion  of 
information activities; 

(iii)  provide ⌦ providing ⌫  an  organizational  and  technical  system  capable 
of  supplying  information  on  similar  or  complementary  programmes  or  action 
pursued by the Member States; 

(iv)  establish  and  coordinate  ⌦ establishing  and  coordinating ⌫, 
consultation  and 
organizations in the Member States, the network referred to in Article 5; 

in 
the  competent  authorities  and 

in  cooperation  with 

(v)  facilitate  ⌦ facilitating ⌫  exchanges  of  information  between  decision-
makers,  researchers,  specialists  and  those  involved  in  combating  drugs  in 
governmental and non-governmental organizations; 

3. 

4. 

5. 

B. 

(b) Improvement of data-comparison methods 

(cid:208) 302/93 

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

6. 

(i)  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 
develop  tools  and  instruments  to  facilitate  Member  States  in  the  monitoring 
and  evaluation  of  their  national  policies  and  the  European  Commission  in 
monitoring and evaluation of Union policies; (cid:213) 

7. 

(ii)  facilitate  ⌦ facilitating ⌫  and  structure  ⌦ structuring ⌫  exchange  of 
information, in terms of both quality and quantity (databases); 

C. 

(c) Dissemination of data 

(cid:208) 302/93 

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

8. 

9. 

(i)  make  ⌦ making ⌫  the  information  produced  by  it  available  to  the 
Community, the Member States and competent organizations; 

(ii) 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 organizations; 

EN 

14 

   EN 

 
 
 
 
 
10. 

(iii)  ensure  ⌦ ensuring  ⌫  wide  dissemination  of  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; ⌦ , ⌫ (cid:214) including data  on 
emerging trends; (cid:213) 

D. 

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

(cid:208) 302/93 

(cid:208) 302/93 (adapted) 

11. 

12. 

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

(ii) without prejudice to Member States' obligations with regard to transmission 
of  information  under  the  provisions  of  the  United  Nations  Conventions  on 
drugs, 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 specialized agencies; 

13. 

(iii) cooperate ⌦ cooperating ⌫ actively with the bodies referred to in Article 
12 ⌦ 16 ⌫ ; 

(cid:208) 2220/2000 Art. 1.2 amended by 
Corrigendum, OJ L 121, 1.5.2001, 
p. 48 (adapted) 
(cid:214) new 

14. 

(iv) It may transfer ⌦ transferring ⌫ in applicant countries and in countries 
eligible  for  the  PHARE  programme,  at  the  request  of  the  Commission  of  the 
European Communities, (cid:214) and with the approval of the Management Board (cid:213) 
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  in  the 
creation and reinforcement of structural links with the Reitox network and the 
setting up and the consolidation of the national focal points. 

(cid:208) 302/93 

Article 43 

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 in the Annex I. 

EN 

15 

   EN 

 
 
 
 
 
Article 34 

302/93 (adapted) 

Work ⌦ ing ⌫ method 

(cid:208)302/93 

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. 

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

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. (cid:214) The network shall consist of one focal 
point for each Member State and each country which has concluded an agreement pursuant to 
Article 21 of this Regulation and a focal point for the European Commission. The designation 
of the national focal points shall be the exclusive responsibility of the countries concerned (cid:213)  

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 

EN 

16 

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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). 

(cid:216) new 

(a) The  national  focal  points  shall  form  an  interface  between  the  participating 
2. 
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 provide data for the five epidemiological indicators specified 
by the Centre.  

(b) Each Member State shall ensure that its representative in the Reitox Network will 
provide the information set out in Article 4.1 of Council Decision 2005/387/JHA of 10 May 
2005 on information exchange, risk assessment and control of new psychoactive substances. 

(c)  The  national  focal  points  may  also  provide  the  Centre  with  information  on  new 
trends  in  the  use  of  existing  psychoactive  substances  and/or  new  combinations  of 
psychoactive substances which pose a potential risk to public health as well as information on 
possible public health related measures.  

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(4).  

5  While  fully  respecting  the  primacy  of  the  national  focal  points,  and  in  close  cooperation 
with them, the Centre may have recourse to additional expertise and sources of information 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 organizations and 
other European institutions. 

EN 

17 

   EN 

 
 
 
 
 
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  specialized  centres  shall  be  under  no  obligation  to  provide 
information classified as confidential under their national legislation. 

Regulation  (EC)  No 45/200118  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 applies 
to the Centre. 

(cid:216) new 

(cid:208) 1651/2003 Art. 1.1 (adapted) 

Article 6a 7 

Access to documents 

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 documents19 
shall apply to documents held by the Centre. 

2.  The  Management  Board  shall  adopt  the  arrangements  for  implementing  Regulation  (EC) 
No  1049/2001  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 Addiction20. 

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 (adapted) 
(cid:214) new 

Article 7 8 

Legal status (cid:214) and location (cid:213) 

18 OJ L 8, 12.01.2001, p.1 
19 
20 

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

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18 

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1.  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. 

2. The seat of Centre is located in Lisbon. 

Article 8 9  

Management Board 

(cid:216) new 

(cid:208) 302/93 (adapted) 

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

1.  The  Centre  shall  have  a  management  board  consisting  of  one  representative  from  each 
Member  State,  two  representatives  from  the  Commission  and  ⌦ , ⌫  two  (cid:214) independent 
experts (cid:213)  scientists  particularly  qualified  (cid:214) knowledgeable (cid:213)  in  the  field  of  drugs, 
designated  by  the  European  Parliament  on  the  basis  of  their  particular  qualification  in  that 
field. (cid:214) , as well as one representative from each country which has concluded an agreement 
pursuant to Article 21 of this Regulation. (cid:213) 

⌦ Each  member  of  the  management  board  shall  have  one  vote, ⌫  (cid:214) except  for 
the representatives of the countries which have concluded agreements pursuant to Article 21 
of this Regulation which don’t have the right to vote. (cid:213) 

⌦ The  decisions  of  the  management  board  shall  be  taken  by  a  two-thirds  majority  of  the 
members with a right to vote ⌫ (cid:214) , except in the cases provided for in paragraph 6 of this 
article and in article 20.(cid:213)  

Each  member  of  the  management  board  may  be  assisted  or  represented  by  an  alternative 
member. In the absence of the full member, ⌦ who has the right to vote, ⌫ the alternative 
member may exercise his ⌦ that ⌫ right to vote. 

The  management  board  may  call  in  as  non-voting  observers  representatives  of  international 
organizations with which the Centre cooperates in accordance with Article 12 20. 

(cid:208) 302/93 

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

2.  The  chairman  ⌦ chairperson ⌫  (cid:214)  and  vice-chairperson  (cid:213)  of  the  management  board 
shall be elected (cid:214) among and (cid:213) by its members for a three-year period: his ⌦ their ⌫ term 
⌦ terms ⌫  of  office  shall  be  renewable  once.  The  chairman  ⌦ chairperson ⌫  (cid:214) and 
vice-chairperson (cid:213) shall take part in the voting. Each member of the management board shall 
have one vote. 

EN 

19 

   EN 

 
 
 
 
 
 
The  decisions  of  the  management  board  shall  be  taken  by  a  two-thirds  majority  of  its 
members, 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. 

(cid:214) 3.  The  meetings  of  the  Management  Board  shall  be  convened  by  its  chairperson.(cid:213)  The 
management board ⌦ It ⌫ shall meet ⌦ hold an ordinary meeting ⌫ at least once a year. 
(cid:214) The  Director  shall  take  part  in  the  meetings  of  the  Management  Board,  without  voting 
rights, and shall provide the Secretariat. (cid:213) 

34. 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. 

4.5 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. 

6. In the case where the Commission expresses its disagreement with the three-year or annual 
work  programme,  these  programmes  shall  be  adopted  by  the  Management  Board  by  a  4/5 
majority. 

(cid:216) new 

(cid:208) 1651/2003 Art. 1.2 

5.7  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. 

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

(cid:216) new 

Article 10 

Executive Committee 

1.  The  Management  Board  shall  be  assisted  by  an  Executive  Committee.  The  Executive 
Committee shall be made up of the Chairperson and the Vice-Chairperson of the Management 

EN 

20 

   EN 

 
 
 
 
Board  and  two  Commission  representatives.  The  Director  shall  take  part  in  its  meetings, 
without voting rights. 

2.  The  Executive  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 
decide on behalf of the Management Board on the matters foreseen in the EMCDDA financial 
regulation which are not reserved to the Management Board by this Regulation. It shall adopt 
its decisions simple majority. 

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

Article 9 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  (cid:214) on  a  proposal  from  the 
Commission and after  evaluation,  may be extended  once  for  a  period  of  not  more  than  five 
years (cid:213) shall be renewable. 

In the evaluation the Commission shall assess in particular: 

(cid:216) new 

- The results achieved in the first term of office and the way in which they were achieved; 

- The Centre’s duties and requirements in the coming years. 

2.  Up  on  appointment  to  a  first  term,  out  of  a  maximum  of  two  terms,  the  candidate 
nominated by the Management Board for the post of Director may be invited without delay to 
make a statement before the European Parliament  and  answer  questions  put  by  members  of 
that institution. 

3. The Director shall be responsible for: 

(cid:208) 302/93 

– 

– 

– 

– 

(a)  preparing  and  implementing  the  decisions  and  programmes  adopted  by  the 
Centre's management board, 

(b) day-to-day administration, 

(c) preparing the Centre's work programmes, 

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

(cid:208) 1651/2003 Art. 1.3 

EN 

21 

   EN 

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

– 

– 

– 

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

(f) (cid:214) managing (cid:213) all staff (cid:214) related (cid:213) matters, (cid:214) and in particular exercising the 
powers which are devolved on the appointing authority(cid:213) 

(g) defining 
Management Board for approval 

the  agency’s  organisational  structure  and  submitting 

it 

to 

the 

(cid:216) new 

– 

(h) performance of the tasks referred to in Article 1 and 2., 

(cid:208) 302/93 

– 

(i) regular assessment of the Centre’s work. 

(cid:216) new 

(cid:208) 302/93 (adapted) 

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

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

(cid:208) 302/93 

(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 for a hearing with the Director on 
any subject related to the Centre’s activities. 

(cid:208) 302/93 (adapted) 

Article 10 13 

Scientific Committee 

EN 

22 

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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. 

2. The Scientific Committee shall consist of one representative from each Member State. The 
management  board  may  appoint  up  to  six  other  members  having  regard  to  their  particular 
qualifications. 

(cid:216) new 

2.  The  Management  Board  shall  appoint  one  member  per  Member  State  to  the  Scientific 
Committee based on proposals by Member States of individuals selected on the basis of their 
experience and scientific excellence in the area of drugs and drug addiction, and taking into 
account the need for the Committee to be multidisciplinary in nature and to cover all scientific 
fields  linked  to  the  problems  of  drugs  and  drug  addiction.  Such  fields  include,  but  are  not 
restricted  to:  Biomedical  Research,  Neuroscience,  Criminology,  Educational  Science, 
Epidemiology, Economics, Forensic Science, Law, Policy Evaluation and Analysis, Political 
Science,  Prevention  Evaluation/Research,  Psychiatry  of  Addiction,  Psychology, 
Psychopharmacology, Public Health, Qualitative Research, Social work, Statistics, Sociology, 
Survey Research, Toxicology, and Treatment Evaluation/Research. 

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.  

The Management board shall approve, from among those proposed by the Member States, a 
panel of experts from whom at most five may be chosen from time to time by the Director, 
acting on the advice of the Chairperson of the Scientific Committee, to serve on the extended 
Scientific Committee as set out in Article 6.2 of Council Decision 2005/387/JHA of 10 May 
2005 on information exchange, risk assessment and control o new psychoactive substances. 

34. Members shall serve on the Scientific Committee for a three-year period, which shall be 
renewable. 

(cid:208) 302/93 

4.5  The  Scientific  Committee  shall  elect  its  chairman  ⌦ chairperson ⌫  for  a  three-year 
period.  5.  The  Scientific  Committee  ⌦ It ⌫  shall  be  convened  by  its  chairman 
⌦ chairperson ⌫ at least once a year. 

(cid:208) 302/93 (adapted) 

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(cid:208) 1651/2003 Art. 1.4 (adapted) 

Article 11 14  

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 12 and 13 20 and 21 respectively. 

4. The Centre's expenditure shall include: 

(a) 

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

(cid:208) 1651/2003 Art. 1.4 (adapted) 
(cid:214) new 

(b) 

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

(cid:208) 1651/2003 Art. 1.4 

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.  6.  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. 

76. 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. 

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

(cid:208) 1651/2003 Art. 1.4 (adapted) 

EN 

24 

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(cid:208) 1651/2003 Art. 1.4 

98. 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. 

109. 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 11a 15 

Implementation of the budget 

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

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

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

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

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

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

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. 

EN 

25 

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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 Communities21 
unless  specifically  required  for  the  Centre's  operation  and  with  the  Commission's  prior 
consent. 

(cid:216) new 

Article 16 

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 without restriction to the Centre. 

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

(cid:208) 302/93 

Article 14 17  

Privileges and immunities 

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

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

Article 15 18  

Staff Regulations 

21 

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

EN 

26 

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The Staff of the Centre shall be subject to the regulations and rules applicable to the officials 
and other servants of the European Communities. (cid:214) Regulations of officials of the European 
Communities, the Conditions of employment of other servants of the European Communities 
and  the  rules  adopted  jointly  by  the  European  Community  institutions  for  the  purpose  of 
applying these staff regulations and conditions of employment shall apply to the staff of the 
agency.(cid:213) 

The  engagement  of  staff  from  third  countries  following  the  conclusion  of  the  agreements 
referred  to  in  article  21  must,  in  any  event,  be  in  accordance  with  the  staff  regulations  of 
officials of the European Community and the conditions of employment of other servants of 
the European Community. 

(cid:216) new 

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

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:214) in accordance with the arrangements provided for in Article 110 of the 
Staff  Regulations  of  officials  of  the  European  Communities  and  of  the  Conditions  of 
employment of other servants of the European Communities.(cid:213) 

The Management board may adopt provisions to allow national experts from other Member 
States to be employed on secondment at the agency. 

(cid:216) new 

(cid:208) 302/93 

Article 16 19  

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. 

EN 

27 

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(cid:208) 302/93 (adapted) 

Article 12 20  

Cooperation with other ⌦ national and international ⌫ organizations and bodies 

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

(cid:216) new 

Such  cooperation  should  be  based  on  working  arrangements  concluded  with 
the 
aforementioned  authorities  and  organisations.  These  arrangements  shall  be  adopted  by  the 
Management Board on the basis of a draft submitted by the director and after the Commission 
has  delivered  an  opinion.  Where  the  Commission  expresses  its  disagreement  with  these 
arrangements, the Management Board shall adopt them by a 4/5 majority. 

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

Article 13 21  

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 235 (cid:214) 300 (cid:213) 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. 

Article 17 22  

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 173 ⌦ 230 ⌫ of the Treaty. 

Article 18 23  

(cid:214) Evaluation (cid:213) Report 

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28 

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(cid:214) The  Commission  shall  initiate  an  external  evaluation  of  the  Centre  every  six  years  to 
coincide  with  the  completion  of  two  three-year  work  programmes  of  the  Centre . This 
evaluation should also include the Reitox system. (cid:213) During the third year following the entry 
into force of this Regulation, tThe Commission shall forward (cid:214) the evaluation report (cid:213) to the 
European Parliament (cid:214) , the Council and the Management Board (cid:213) and to the 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:216) new 

In  that  context,  the  Commission  shall,  if  appropriate,  present  a  proposal  for  revision  of  the 
provisions  of  this  Regulation  in  light  of  developments  in  respect  of  regulatory  agencies,  in 
accordance  with  the  procedure  laid  down  in  article  251  of  the  Treaty.  The  European 
Parliament and the Council shall examine this proposal and in particular consider whether the 
composition  of  the  Management  Board  needs  to  be  revised  in  accordance  with  the  general 
framework to be adopted for European regulatory agencies. 

(cid:208)  

Article 24  

Repeal 

Regulation (EC) 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 (adapted) 

Article 1925 

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 ⌫. 

(cid:208) 302/93 

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

Done at…, []. 

For the European Parliament 

The President 

For the Council 

The President 

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29 

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(cid:208) 302/93 
(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.  In  doing  so,  the  Centre  shall  be 
guided by the Drugs Strategies and Action Plans adopted by the European Union. (cid:213) 

The information gathered by the Centre shall relate to (cid:214) EMCDDA shall focus on (cid:213) 
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, in particular those involving poly-

drug use;  

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

(3)  assessing  the  risks  of  new psychoactive  substances and  maintaining  a  rapid 

information system with regard to their use and also regarding new methods of using 

existing psychoactive substances ; 

(4) developing  tools  and  instruments  to  facilitate  Member  States  in  the  monitoring 

and evaluation of their national policies and the European Commission in monitoring 

and evaluation of Union policies.  

1. 

2. 

3. 

demand and reduction of the demand for drugs; 

(cid:208) 302/93 

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); 

EN 

30 

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4. 

5. 

control  of  trade  in  narcotic  drugs,  psychotropic  substances  and  precursors,  as 
provided  for  in  the  relevant  present  or  future  international  conventions  and 
Community acts22; 

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 acts23. 

B. 

C. 

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

(cid:208) 302/93 

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

(cid:208) 302/93 

22 

23 

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 
subtances to the illicit manufacture of narcotic drugs and psychotropic substances. 
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. 

EN 

31 

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(cid:207) 

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. 

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32 

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ANNEX III 

Correlation table 

Council Regulation (EEC) No 302/93 

This Regulation 

Article 1 

- 

Article 1 

Article 1 (3), second 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) to (5) 

Article 2(a)(ii) to (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) to (10) 

Article 2(c)(i) to (iii) 

- 

Article 2(c)(iii), second sentence 

Article 2(D), introductory words 

Article 2(d), introductory words 

Article 2(D)(11) to (14) 

Article 2(d)(i) to (iv) 

- 

Article 3 

Article 4 

Article 5 

Article 2(d)(iv), first sentence 

Article 4 

Article 3 

Article 5 

Article 5 (1) 

Article 5 (1), second sentence 

- 

- 

Article 5 (2), (a), (b) and (c)  

Article 5 (3), (4) and (5) 

Article 6 

Article 6 

EN 

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- 

Article 6a  

Article 7 

- 

- 

Article 8 

Article 8(1) 

Article 8(1) 

Article 8(2) 

- 

Article 8(3) 

Article 8(3) 

Article 8(4) 

- 

- 

Article 6, first sentence 

Article 7 

Article 8 

Article 8, title 

Article 8 (2) 

Article 9 

Article 9(1), first sentence 

Article 9(1), second sentence 

Article 9(2), first sentence 

Article 9(3) 

Article 9(4) 

Article 9(4), first sentence 

Article 9(5) 

Article 9(5), second sentence 

Article 9(6) 

Article 8(5) and (6) 

Article 9(7) and (8) 

- 

Article 9 

Article 10 

Article 11 

Article 9(1), first subparagraph 

Article 11(1), first subparagraph 

- 

- 

Article 9(1), second subparagraph 

Article 11(1), second subparagraph 

Article 11(2) 

Article 11(3) 

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

Article 11(3), (a) to (f) 

- 

- 

Article 9(1), seventh indent 

Article 11(3), (f), second sentence 

Article 11(3), (g), 

Article 11(3), (h), 

EN 

34 

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- 

Article 11(3) (i) 

Article 9(2) and (3) 

Article 11(4) and (5) 

- 

Article 10 

Article 10(2) 

Article 12 

Article 13 

Article 13(2), first, second and third 
subparagraph 

Article 10(3), (4) and (5) 

Article 13 (4) and (5) 

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

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

Article 11 (4) (b) 

Article 14 (4) (b), first sentence 

Article 11(5) 

Article 11(6) 

Article 14(5), first subparagraph 

Article 14(5), second subparagraph 

Article 11(7) to (10) 

Article 14(6) to (9) 

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

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

Article 11a(6) 

Article 11a(7) 

Article 15(6), first subparagraph 

Article 15(6), second subparagraph 

Article 11a (8) to (11) 

Article 15(7) to (10) 

- 

Article 12 

- 

Article 13(1) 

Article 13(2) 

Article 14 

Article 15 

- 

Article 15, third subparagraph 

Article 16 

Article 20 

Article 20, second subparagraph 

Article 21 

- 

Article 17 

Article 18 

Article 18, second subparagraph 

Article 18, fourth subparagraph, last 
sentence 

- 

Article 18, fifth subparagraph 

EN 

35 

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Article 16 

Article 17 

Article 18 

- 

- 

Article 19 

Article 19 

Article 22 

Article 23 

Article 23, first sentence 

Article 23, second subparagraph 

Article 24 

Article 25 

Annex, point A, first paragraph 

Annex I, point A, first paragraph 

- 

Annex I, point A, second paragraph 

Annex, point A, 1 to 4 

- 

Annex I, point A (1) to (4) 

Annex, point B 

Annex, point C  

- 

- 

Annex I, point B 

- 

Annex II 

Annex III 

EN 

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