Proposal for a Council Decision on the conclusion of the agreement between the European Community and Norway on the revision of the amount of the financial contribution from Norway provided for in the agreement between the European Community and the Kingdom of Norway on the participation of Norway in the work of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)
Date: 2006-03-14
Institutions: European Commission
Subjects: European Monitoring Centre for Drugs and Drug Addiction, Norway, access to EU information, agreement (EU), financial regulation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.03.2006 
COM(2006) 115 final 

2006/0037(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the agreement between the European Community and Norway on 
the revision of the amount of the financial contribution from Norway provided for in the 
agreement between the European Community and the Kingdom of Norway on the 
participation of Norway in the work of the European Monitoring Centre for Drugs and 
Drug Addiction (EMCDDA) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The Commission proposes a Council Decision for the conclusion, on behalf of the European 
Community, of the agreement on the revision of the amount of the financial contribution from 
Norway provided for in the agreement between the European Community and the Kingdom of 
Norway  on  the  participation  of  Norway  in  the work of the European Monitoring Centre for 
Drugs  and  Drug  Addiction  (EMCDDA),  on  the  basis  of  the  mandate  given  to  it  by  the 
Council. 

The  Commission  concluded  the  negotiations  with  Norway  with  the  initialling  of  the  draft 
agreement in November 2005.  

2. 

COUNCIL DECISION AUTHORISING THE COMMISSION TO CONDUCT NEGOTIATIONS WITH 
NORWAY WITH A VIEW TO REVIEWING THE AMOUNT OF THE FINANCIAL CONTRIBUTION 
FROM  NORWAY  PROVIDED  FOR  IN  THE  AGREEMENT  BETWEEN  THE  EUROPEAN 
COMMUNITY AND THE KINGDOM OF NORWAY ON THE PARTICIPATION OF NORWAY IN 
THE  WORK  OF  THE  EUROPEAN  MONITORING  CENTRE  FOR  DRUGS  AND  DRUG 
ADDICTION (EMCDDA) 

On  the  basis  of  the  Commission  proposal  SEC(2005)  517  of  20  April  2005,  the  Council 
decided on 18 July 2005 to authorise the Commission to conduct negotiations on the revision 
of  the  amount  of  the  financial  contribution  from  Norway  provided  for  in  the  agreement 
between  the  European  Community  and  the  Kingdom  of  Norway  on  the  participation  of 
Norway in the work of the EMCDDA. 

The  negotiation  directives  state  that  the  calculation  formula  should  allow  Norway’s 
contribution  to  be  adjusted  automatically  at  each  enlargement  of  the  Union.  A  minimum 
financial  participation  clause  should  be  included,  setting  a  minimum  amount  that  must  be 
adhered to irrespective of the number of Member States of the Union. 

3. 

DRAFT AGREEMENT  

The  Commission  has,  on  the  basis  of  the  mandate  granted  by  the  Council,  negotiated  with 
Norway. 

The Commission has  agreed  with  Norway a draft agreement that adapts Norway’s financial 
contribution to the EMCCDA budget.  

This agreement revises Article 5 of the Agreement between the European Community and the 
Kingdom of Norway on the participation of Norway in the work of the EMCDDA. It sets out 
a new calculation formula that allows Norway’s contribution to be adjusted automatically at 
each enlargement. Is also lays down a minimum amount for Norway’s financial contribution 
that must be adhered to irrespective of the number of Member States of the Union. 

The Parties will approve the agreement in accordance with their own procedures. It will enter 
into  force  when  both  Parties  have  notified  each  other  that  their  respective  procedures  have 
been completed. 

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4. 

CONCLUSION OF THE AGREEMENTS  

4.1. 

Legal basis 

Article 13 of Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment 
of  a  European  Monitoring  Centre  for  Drugs  and  Drug  Addiction1,  as  amended  by  Council 
Regulations  (EC)  Nos  3294/942,  2220/20003  and  1651/20034,  allows  non-Community 
countries to take part in the work of the EMCDDA. 

An  agreement  between  the  European  Community  and  the  Kingdom  of  Norway  on  the 
participation  of  Norway  in  the  work  of  the  EMCDDA  was  signed  on  19 October  2000  and 
entered  into  force  on  1 January  20015.  Article  5  of  this  agreement  sets  out  the  financial 
contribution from Norway to the work of the EMCDDA. 

The European Commission has, on the basis of the Council negotiation directives, concluded 
the negotiations with Norway with a view to revising the amount of the financial contribution 
from  Norway  provided  for  in  the  agreement  between  the  European  Community  and  the 
Kingdom of Norway on the participation of Norway in the work of the EMCDDA. 

In order to proceed, the Commission is now proposing a Council Decision on the conclusion 
of  the  agreement  with  Norway  revising  this  country’s  financial  contribution  to  the 
EMCDDA’s budget. 

4.2. 

Financial implications 

According  to  the  concluded  negotiations,  Norway  will  pay  a  financial  contribution  to  the 
EMCDDA’s budget in accordance with the formula laid down in the agreement as from the 
beginning of the year in which the agreement enters into force. The EMCDDA’s budget for 
that year will need to be adjusted accordingly. 

5. 

RECOMMENDATION 

Negotiations have been concluded and agreement reached with Norway regarding the revision 
of  the  amount  of  the  financial  contribution  from  Norway  provided  for  in  the  agreement 
between  the  European  Community  and  the  Kingdom  of  Norway  on  the  participation  of 
Norway in the work of the European Monitoring Centre for Drugs and Drug Addiction. 

It is therefore possible for the Community to approve the conclusion of this agreement. 

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5 

OJ L 36, 12.2.1993, p. 1. 
OJ L 341, 30.12.1994, p. 7. 
OJ L 253, 7.10.2000, p. 1. 
OJ L 245, 29.9.2003, p. 30. 
OJ L 257, 11.10.2000, p. 23. 

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2006/0037(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the agreement between the European Community and Norway on 
the revision of the amount of the financial contribution from Norway provided for in the 
agreement between the European Community and the Kingdom of Norway on the 
participation of Norway in the work of the European Monitoring Centre for Drugs and 
Drug Addiction (EMCDDA) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
152 in conjunction with the first sentence of the first sub-paragraph of Article 300 (2) and the 
first paragraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission6, 

Having regard to the opinion of the European Parliament7, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EEC)  No  302/93  of  8  February  1993  on  the  establishment  of  a 
European  Monitoring  Centre  for  Drugs  and  Drug  Addiction8,  as  amended  by 
Regulation (EC) No 3294/949, Regulation (EC) No 2200/200010 and Regulation (EC) 
No  1651/200311,  provides,  in  Article  13,  that  the  Centre  is  to  be  open  to  the 
participation of non-Community countries which share the Community’s interests and 
those of its Member States in the Centre's objectives and work. 

The agreement between the European Community and the Kingdom of Norway on the 
participation of Norway in the work of the EMCDDA was signed on 19 October 2000 
and entered into force on 1 January 200112. Article 5 of this agreement provides for the 
financial contribution from Norway to the work of the EMCDDA. 

(3) 

Norway  has  requested  the  revision  of  its  financial  contribution  to  the  work  of  the 
EMCDDA, following the enlargement of the European Union. 

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12 

OJ C , , p. . 
OJ C , , p. . 
OJ L 36, 12.2.1993, p. 1. 
OJ L 341, 30.12.1994, p. 7. 
OJ L 253, 7.10.2000, p.1 
OJ L 245, 29.09.2003, p.30 
OJ L 257, 11.10.2000, p. 23. 

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(4) 

The  Commission  has  negotiated  on  behalf  of  the  Community  an  agreement  with 
Norway  on  the  revision  of  the  amount  of  the  financial  contribution  from  Norway 
provided for in the agreement between the European Community and the Kingdom of 
Norway  on  the  participation  of  Norway  in  the  work  of  the  European  Monitoring 
Centre for Drugs and Drug Addiction. 

(5) 

The Agreement initialled on 11 November 2004 should be approved,  

HAS DECIDED AS FOLLOWS:  

Article 1 

The Agreement between the European Community and Norway on the revision of the amount 
of  the  financial  contribution  from  Norway  provided  for  in  the  agreement  between  the 
European  Community  and  the  Kingdom  of  Norway  on  the  participation  of  Norway  in  the 
work of the European Monitoring Centre for Drugs and Drug Addiction is hereby approved 
on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council is hereby authorised to designate the person empowered to sign 
the Agreement in order to express the consent of the Community to be bound thereby. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  to 
transmit the diplomatic note provided for in Article 3 of the Agreement. 

Article 3 

Article 4 

The Decision will be published in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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Agreement between the European Community and Norway  

On the revision the amount of the financial contribution from Norway provided for in 
the agreement between the European Community and the Kingdom of Norway on the 
participation of Norway in the work of the European Monitoring Centre for Drugs and 
Drug Addiction (EMCDDA) 

The EUROPEAN COMMUNITY of the one part, 

And NORWAY of the other part,  

Recalling the Agreement between the European Community and the Kingdom of Norway on 
the  participation  of  Norway  in  the  work  of  the  EMCDDA  which  was  signed  on  19 October 
2000 and entered into force on 1 January 200113, and its Article 5 which lays down Norway’s 
financial contribution to the work of the EMCDDA;  

Whereas  Norway  has  requested  the  revision  of  its  financial  contribution  to  the  work  of  the 
EMCDDA, in the view of European Union enlargement;  

HAVE AGREED AS FOLLOWS: 

Article 1 

Article 5 of the Agreement between the European Community and the Kingdom of Norway 
on  the  participation  of  Norway  in  the  work  of  the  EMCDDA  shall  be  replaced  by  the 
following: 

“Norway  shall  contribute  financially  to  the  activities  of  the  Centre  in  accordance  with  the 
provisions  laid  down  in  the  Annex  to  this  agreement,  which  shall  form  an  integral  part 
thereof.” 

Article 2 

The  Annex  to  this  agreement  shall  become  the  Annex  to  the  Agreement  between  the 
European  Community  and  the  Kingdom  of  Norway  on  the  participation  of  Norway  in  the 
work of the EMCDDA.  

The  formula  set  out  in  the  Annex  shall  apply  to  the  calculation  of  Norway’s  financial 
contribution  to  the  EMCDDA’s  budget  as  from  the  beginning  of  the  year  in  which  this 
agreement enters into force. 

Article 3 

This Agreement shall enter into force on the first day of the second month following the date 
of  receipt  of  the  latter  diplomatic  note  confirming  that  legal  requirements  of  the  respective 
Contracting Party concerning the entry into force of the Agreement have been fulfilled. 

13 

OJ L 257, 11.10.2000, p. 23. 

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ANNEX 

Norway’s financial contribution  

1. 

2. 

To  take  account  of  possible  future  enlargements  of  the  European  Union  and  avoid 
further  adjustments,  the  formula  for  the  calculation  of  Norway’s  contribution  is  as 
follows: 

Amount  of  the  Community  subsidy  excluding  Reitox  financing/  [(Number  of 
Member States of the European Union + 1) –10%]. 

The  financial  contribution  from  Norway  must  not  be  less  than  EUR 271 000  (2004 
prices)  irrespective  of  the  number  of  Member  States  of  the  Union.  This  amount 
corresponds to the cost of enlargement per country as estimated by the EMCDDA in 
200114.  That  amount  will  be  subject  to  a  technical  adjustment  each  year  based  on 
price trends and gross national income (GNI) in the European Union. 

14 

EMCDDA document BUR/34/01 final. 

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