Proposal for a Council Decision on the conclusion of the agreement between the European Community and the Republic of Turkey on the participation of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction
Date: 2006-06-01
Institutions: European Commission
Subjects: European Monitoring Centre for Drugs and Drug Addiction, Türkiye, access to EU information, accession to the European Union, agreement (EU), cooperation policy, financial regulation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.6.2006 
COM(2006) 257 final 

2006/0089 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the agreement between the European Community and the Republic 
of Turkey on the participation of Turkey in the work of the European Monitoring 
Centre for Drugs and Drug Addiction 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The  Commission  proposes  Council  Decisions  for  conclusion,  on  behalf  of  the  European 
Community,  of  the  agreements  on  the  participation  of  three  candidate  countries,  namely 
Bulgaria,  Romania  and  Turkey,  in  the  European  Monitoring  Centre  for  Drugs  and  Drug 
Addiction.  The  Commission  negotiated  with  Bulgaria,  Romania  and  Turkey  on  the  basis  of 
the  mandate  given  to  it  by  the  Council.  The  Commission  concluded  the  negotiations  with 
Bulgaria, Romania and Turkey with the initialling of the draft agreements in 2004. 

2. 

PRE-ACCESSION STRATEGY 

2.1. 

Agenda 2000 

In  Agenda  2000  the  Commission  expressed  the  view  that  the  participation  of  the  candidate 
countries  in  programmes  implementing  the  acquis  would  provide  “a  useful  preparation  in 
familiarising the applicant countries and their citizens with the Union’s policies and working 
methods”. This is one of the principal means of increasing the candidate countries’ capacity to 
implement, as well as to transpose, the acquis. 

2.2. 

The European Council Conclusions 

The Luxembourg European Council (December 1997) made participation in programmes and 
Community  agencies  into  an  instrument  of  the  enhanced  pre-accession  strategy,  concluding 
that  the  candidate  countries  should  be  permitted  to  participate  in  Community  agencies  on  a 
case-by-case basis. 

As  for  Turkey,  the  Helsinki  European  Council  (December  1999)  reaffirmed  the  inclusive 
nature  of  the  accession  process  comprising  thirteen  candidate  countries  within  a  single 
framework  with  the  candidate  countries  participating  in  the  accession  process  on  an  equal 
footing. Turkey is benefiting from a pre-accession strategy and will have the opportunity to 
participate in Community programmes and agencies in the context of the accession process. 

3. 

COUNCIL  DECISION  AUTHORISING  THE  COMMISSION  TO  CONDUCT  NEGOTIATIONS 
IN  THE  EUROPEAN 
ON  THE  PARTICIPATION  OF  CANDIDATE  COUNTRIES 
MONITORING CENTRE FOR DRUGS AND DRUG ADDICTION 

On  the  basis  of  the  Commission  proposal  SEC  (1878)  2000  of  24  July  2000,  the  Council 
decided  on  19  March  2001  to  authorise  the  Commission  to  conduct  negotiations  on  the 
participation  of  the  candidate  countries  in  the  European  Monitoring  Centre  for  Drugs  and 
Drug Addiction. The objective was to enable the candidate countries to participate in the work 
of the Centre before their accession to the European Union. The negotiation directives state 
that  the  agreements  should  set  out  the  conditions  for  the  participation  of  the  candidate 
countries  in  the  work  of  the  Centre.  In  particular,  the  agreements  should  provide  that  the 
candidate countries will not enjoy the right to vote at meetings of the Management Board, that 
they should contribute financially to the activities of the Centre and that appropriate clauses 

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should  be  included  concerning  data  protection,  privileges  and  immunities  to  be  accorded  to 
the Centre and the jurisdiction of the European Court of Justice. 

4. 

THE NEGOTIATIONS 

The  Commission  has,  on  the  basis  of  the  mandate,  negotiated  with  Bulgaria,  Romania  and 
Turkey. Draft bilateral agreements have been agreed and Bulgaria, Romania and Turkey and 
the Community are now proceeding to the ratification of the draft agreements. 

5. 

DRAFT AGREEMENT 

The  Commission  has  agreed  with  Bulgaria,  Romania  and  Turkey  draft  agreements  granting 
them  conditions  for  participation  in  the  Centre similar  to  that  governing  the  participation  in 
the Centre of Norway. 

The agreements state that Bulgaria, Romania and Turkey will take part in the Centre’s work 
programme  and  will  satisfy  the  obligations  of  Council  Regulation  (EEC)  No  302/93  as 
amended  by  Council  Regulation  (EC)  No  3294/94,  Council  Regulation  (EC)  No  2220/2000 
and Council Regulation (EC) No 1651/2003. 

Bulgaria, Romania and Turkey will be linked to the European Information Network on Drugs 
and  Drug  Addiction  (REITOX)  and  will  share  data  with  the  Centre,  subject  to  the  data 
protection requirements of the Community and national laws. Bulgaria, Romania and Turkey 
will each contribute financially to the Centre to cover the cost of its participation. Bulgaria, 
Romania and Turkey will also participate in the Management Board of the Centre without the 
right to vote until such time as they become members of the Union. 

The  agreements  are  drafted  for  an  unlimited  period  until  Bulgaria,  Romania  and  Turkey 
become members of the European 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. 

For its part, the Centre will treat Bulgaria, Romania and Turkey as existing Member States, 
through equal treatment in terms of linkage to the European Information Network on Drugs 
and Drug Addiction (REITOX) and staffing provisions. 

6. 

CONCLUSION OF THE AGREEMENTS  

6.1. 

Legal basis 

Negotiations enabling the Centre to be opened to the participation of the applicant countries 
are possible under Article 13 of Council Regulation (EEC) 302/93 on the establishment of the 
European Monitoring Centre for Drugs and Drug Addiction. 

Article  13  comprises  the  necessary  rules  on  procedure  for  the  opening  of  the  Centre  to 
countries which are not members of the Union but which share the interests of the Community 
and  the  Member  States  in  the  objectives  and  work  of  the  Centre.  Agreements  concluded 

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between such countries and the Community shall follow the procedure in Article 300 of the 
Treaty. 

The European Commission has, on the basis of the Council negotiation directives, concluded 
the negotiations with Bulgaria, Romania and Turkey. 

In order to proceed, the Commission is now proposing Council Decisions on conclusion of the 
agreements  with  the  objective  of  allowing  these  countries  to  participate  in  the  work  of  the 
European Monitoring Centre for Drugs and Drug Addiction. 

6.2. 

Financial implications 

According  to  the  concluded  negotiations,  Bulgaria,  Romania  and  Turkey  will  contribute 
financially to the European Monitoring Centre for Drugs and Drug Addiction to cover the cost 
of extending all Centre activities to these countries.  

It  is  foreseen  that  Bulgaria,  Romania  and  Turkey  will  be  fully  integrated  in  all  Centre 
activities after a three year phase-in period. The financial contribution is therefore foreseen to 
increase  during  this  period.  Bulgaria,  Romania  and  Turkey  can  obtain  financial  assistance 
from  the  relevant  Community  assistance  programmes  to  subsidise  part  of  their  financial 
contribution to the Centre.  

When  the  full  work  programme  of  the  Centre  is  implemented,  the  yearly  financial 
contribution from Bulgaria, Romania and Turkey to the Centre will amount to € 271,000 from 
each country. From 2008, the sum of € 271,000 will be increased by reference to the rate of 
increase of the Community subvention to the Centre.  

7. 

BENEFITS OF THE AGREEMENTS 

Benefits of the participation of Bulgaria, Romania and Turkey in the Centre are several:  

– 

– 

– 

– 

– 

Participation  in  the  Centre  will  assist  Bulgaria,  Romania  and  Turkey  to  adopt  and 
implement the acquis concerning drugs in preparation for accession. 

Participation  in  the  Centre  will  enable  Bulgaria,  Romania  and  Turkey  to  become 
familiar  with  the  decision-making  procedures  of  the  centre  and  to  contribute  to  the 
definition of the Work Programme;  

The  Centre  will  be  able  to  extend  its  reporting  on  the  state  of  drug  use  and  drug 
addiction to Bulgaria, Romania and Turkey. 

Participation  will  help  to  provide  the  Centre  and  its  Member  States,  as  well  as 
Bulgaria,  Romania  and  Turkey,  with  more  extensive  and  better  data  concerning 
drugs and drug addiction in Europe. Data provided by Bulgaria, Romania and Turkey 
will  undergo  quality  assessment  and  will  be  widely  disseminated  through  the 
Centre’s Annual Report and internet website. 

Participation will enable the inclusion of Bulgaria, Romania and Turkey in the Early 
Warning System on New Synthetic Drugs developed by the Centre. 

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8. 

RECOMMENDATION 

Negotiations  have  been  concluded  and  agreement  reached  with  Bulgaria,  Romania  and 
Turkey  for  their  participation  in  the  European  Monitoring  Centre  for  Drugs  and  Drug 
Addiction Centre on similar conditions as for Norway.  

It  is  therefore  possible  for  the  Community  to  approve  the  conclusion  of  the  bilateral 
agreements  with  Bulgaria,  Romania  and  Turkey  for  their  participation  in  the  European 
Monitoring Centre for Drugs and Drug Addiction. 

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2006/0089 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the agreement between the European Community and the Republic 
of Turkey on the participation of Turkey in the work of the European Monitoring 
Centre for Drugs and Drug Addiction 

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 Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

Council  Regulation  (EEC)  No  302/93  of  8  February  1993  on  the  establishment  of  a 
European  Monitoring  Centre  for  Drugs  and  Drug  Addiction3,  as  amended  by 
Regulation  (EC) No 3294/944, Regulation (EC) No 2220/20005 and Regulation  (EC) 
No  1651/20036,  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. 

(2) 

The Commission has negotiated on behalf of the Community an Agreement with the 
Republic  of  Turkey  on  the  participation  of  Turkey  in  the  work  of  the  European 
Monitoring Centre for Drugs and Drug Addiction. 

(3) 

This Agreement initialled on 26 August 2004 should be approved,  

1 
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3 
4 
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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 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The  Agreement  between  the  European  Community  and  the  Republic  of  Turkey  on  the 
participation of Turkey 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 10 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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Annex 

Agreement between the European Community and the Republic of Turkey concerning 
the participation of the Republic of Turkey in the European Monitoring Centre for 
Drugs and Drug Addiction 

The EUROPEAN COMMUNITY of the one part, and  

The REPUBLIC OF TURKEY, hereinafter referred to as “Turkey”, of the other part, 

Hereinafter referred to as the Contracting Parties  

Recalling  that  the  Luxembourg  European  Council  in  1997  made  participation  in  the 
Community programmes and agencies a way of stepping up the pre-accession strategy. 

Considering  that  the  European  Community  by  Council  Regulation  (EEC)  No  302/937  as 
amended by Council Regulations (EC) No 3294/948 No 2220/20009 and No 1651/200310 (“the 
Regulation”), has established the European Monitoring Centre for Drugs and Drug Addiction 
(“the Centre”); 

Whereas  the  Regulation  provides  in  its  Article  13  that  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;  

Whereas Turkey shares in the aims and objectives laid down for the Centre in the Regulation 
because Turkey’s ultimate objective is to become a member of the European Union;  

Whereas  Turkey  subscribes  to  the  description  of  the  tasks  of  the  Centre  and  to  its  work 
method and priority areas as described in the Regulation; 

Whereas  there  exists  in  Turkey  an  institution  suitable  to  be  linked  to  the  European 
Information Network on Drugs and Drug Addiction; 

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10 

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 

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HAVE AGREED AS FOLLOWS: 

Article 1 

Turkey  shall  participate  fully  in  the  work  of  the  Centre,  on  the  terms  set  out  in  this 
Agreement. 

Article 2 

European Information Network on Drugs and Drug Addiction (Reitox) 

1. 

2. 

Turkey  shall  be  linked  to  the  European  Information  Network  on  Drugs  and  Drug 
Addiction (Reitox). 

Turkey  shall  notify  the  Centre  of  the  main  elements  of  its  national  information 
network  within  28  days  of  the  entry  into  force  of  this  Agreement,  including  its 
national  monitoring  centre,  and  name  any  other  specialised  centres  which  could 
make a useful contribution to the Centre's work. 

Article 3 

Management Board 

The Management Board of the Centre shall invite a representative of Turkey to participate in 
its  meetings.  The  representative  shall  participate  fully  without  the  right  to  vote.  The 
Management  Board  may  convoke  exceptionally  a  meeting  restricted  to  representatives  of 
Member  States  and  of  the  European  Commission  on  issues  of  interest  particular  to  the 
Community and its Member States. 

The Management Board, in session with representatives of Turkey will lay down the detailed 
arrangements concerning the participation of Turkey in the work of the Centre. 

Article 4 

Budget 

Turkey shall contribute financially to the activities of the Centre referred to under Article 1 in 
accordance with the provisions laid down in Annex I to this agreement, which shall form an 
integral part thereof. 

Article 5 

Protection and Confidentiality of Data 

1. 

Where  on  the  basis  of  this  Agreement  personal  data  which  do  not  enable  natural 
persons  to  be  identified  are  forwarded  by  the  Centre  to  the  Turkish  authorities  in 
accordance  with  Community  and  Turkish  law,  such  data  may  be  used  only  for  the 
stated purpose and under the conditions prescribed by the forwarding authority. 

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2. 

3. 

4. 

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

Designated  specialised  centres  in  Turkey  shall  be  under  no  obligation  to  provide 
information classified as confidential under Turkish legislation. 

In relation to data supplied by the Turkish authorities to the Centre, the latter will be 
bound by the rules laid down in Article 6 of the Regulation. 

Article 6 

Legal Status 

The Centre shall have legal personality under Turkish law and shall enjoy in Turkey the most 
extensive legal capacity accorded to legal persons under Turkish law. 

Article 7 

Liability 

The  liability  of  the  Centre  shall  be  governed  by  the  rules  laid  down  in  Article  16  of  the 
Regulation. 

Article 8 

Privileges 

Turkey  shall  apply  to  the  Centre  the  Protocol  on  the  Privileges  and  Immunities  of  the 
European  Communities,  which,  as  Annex  II  to  this  Agreement,  shall  form  an  integral  part 
thereof. 

Article 9 

Staff Regulations 

By  way  of  derogation  from  Article  12(2)(a)  of  the  Conditions  of  employment  of  other 
servants of the European Communities, Turkish nationals enjoying their full rights as citizens 
may be engaged under contract by the Executive Director of the Centre. 

Article 10 

Entry into force 

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. 

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Article 11 

Validity and Termination 

1. 

2. 

This  agreement  is  concluded  for  an  unlimited  period  until  Turkey  will  become  a 
member of the European Union. 

Either  Contracting  Party  may  denounce  this  Agreement  by  a  written  notification  to 
the  other  Contracting  Party.  The  Agreement  shall  cease  to  be  in  force  six  months 
after the date of such notification. 

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ANNEX I 

Financial contribution of Turkey to the European Monitoring Centre for Drugs and 
Drug Addiction 

Article 1  

The  financial  contribution  to  be  paid  by  Turkey  to  the  budget  of  the  European  Union  to 
participate in the European Monitoring Centre for Drugs and Drug Addiction (“the Centre”) 
will progressively increase in a four-year period during which the activities will be phased in 
by Turkey. The financial contributions required are: 

- during the first year of participation 

€ 100,000 

- during the second year of participation 

€ 150,000 

- during the third year of participation 

€ 210,000 

- during the fourth year of participation 

€ 271,000 

From the fifth year of participation, the annual financial contribution to be paid by Turkey to 
the Centre shall be the contribution of the fourth year of participation indexed by the rate of 
increase of the Community Subvention to the Centre. 

Article 2 

Turkey may partially use Community assistance to pay the contribution to the Centre with a 
maximum  Community  contribution  of  75%  in  the  first  year  of  participation,  60%  in  the 
second  year  of  participation  and  50%  thereafter.  Subject  to  a  separate  programming 
procedure,  the  requested  Community  funds  will  be  transferred  to  Turkey  by  means  of  a 
separate financing memorandum. 

The remaining part of the contribution will be covered by Turkey.  

Article 3 

The  contribution  of  Turkey  will  be  managed  in  accordance  with  the  financial  regulation 
applicable to the general budget of the European Union. 

Travel costs and subsistence costs incurred by representatives and experts of Turkey for the 
purposes of taking part in the Centre’s activities or meetings related to the implementation of 
the Centre's work programme shall be reimbursed by the Centre on the same basis as, and in 
accordance  with,  the  procedures  currently  in  force  for  the  Member  States  of  the  European 
Union. 

Article 4 

For the first calendar year of its participation Turkey will pay a contribution calculated from 
the date of participation to the end of the year on a pro rata basis. For the following years the 
contribution will be in accordance with this Agreement. 

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ANNEX II 

Protocol on the Privileges and Immunities of the European Communities 

THE HIGH CONTRACTING PARTIES, 

CONSIDERING  that,  in  accordance  with  Article  28  of  the  Treaty  establishing  a  Single 
Council and a Single Commission of the European Communities, these Communities and the 
European Investment Bank shall enjoy in the territories of the Member States such privileges 
and immunities as are necessary for the performance of their tasks, 

HAVE AGREED on the following provisions, which shall be annexed to this Treaty. 

CHAPTER  

PROPERTY,  FUNDS,  ASSETS  AND  OPERATIONS  OF  THE  EUROPEAN 
COMMUNITIES 

Article 1 

The  premises  and  buildings  of  the  Communities  shall  be  inviolable.  They  shall  be  exempt 
from  search,  requisition,  confiscation  or  expropriation.  The  property  and  assets  of  the 
Communities  shall  not  be  the  subject  of  any  administrative  or  legal  measure  of  constraint 
without the authorisation of the Court of Justice.  

The archives of the Communities shall be inviolable.  

Article 2 

Article 3 

The  Communities,  their  assets,  revenues  and  other  property  shall  be  exempt  from  all  direct 
taxes. 

The  Governments  of  the  Member  States  shall,  wherever  possible,  take  the  appropriate 
measures to remit or refund the amount of indirect taxes or sales taxes included in the price of 
movable  or  immovable  property,  where  the  Communities  make,  for  their  official  use, 
substantial purchases the price of which includes taxes of this kind. These provisions shall not 
be  applied,  however,  so  as  to  have  the  effect  of  distorting  competition  within  the 
Communities. 

No exemption shall be granted in respect of taxes and dues which amount merely to charges 
for public utility services.  

Article 4 

The  Communities  shall  be  exempt  from  all  customs  duties,  prohibitions  and  restrictions  on 
imports and exports in respect of articles intended for their official use: articles so imported 
shall not be disposed of, whether or not in return for payment, in the territory of the country 
into which they have been imported, except under conditions approved by the government of 
that country. 

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The  Communities  shall  also  be  exempt  from  any  customs  duties  and  any  prohibitions  and 
restrictions on import and exports in respect of their publications.  

The  European  Coal  and  Steel  Community  may  hold  currency  of  any  kind  and  operate 
accounts in any currency.  

Article 5 

CHAPTER II 

COMMUNICATIONS AND LAISSEZ-PASSER 

Article 6 

For their official communications and the transmission of all their documents, the institutions 
of the Communities shall enjoy in the territory of each Member State the treatment accorded 
by that State to diplomatic missions. 

Official  correspondence  and  other  official  communications  of  the  institutions  of  the 
Communities shall not be subject to censorship.  

Article 7 

1. 

2. 

Laissez-passer in a form to be prescribed by the Council, which shall be recognised 
as valid travel documents by the authorities of the Member States, may be issued to 
members  and  servants  of  the  institutions  of  the  Communities  by  the  Presidents  of 
these institutions. These laissez-passer shall be issued to officials and other servants 
under conditions laid down in the Staff Regulations of Officials and the Conditions 
of Employment of Other Servants of the Communities. 

The Commission may conclude agreements for these laissez-passer to be recognised 
as valid travel documents within the territory of non-member countries. 

The provisions of Article 6 of the Protocol on the privileges and immunities of the 
European Coal and Steel Community shall, however, remain applicable to members 
and servants of the institutions who are at the date of entry into force of this Treaty in 
possession  of  the  laissez-passer  provided  for  in  that  Article,  until  the  provisions  of 
paragraph 1 of this Article are applied. 

CHAPTER III 

MEMBERS OF THE EUROPEAN PARLIAMENT 

Article 8 

No administrative or other restriction shall be imposed on the free movement of Members of 
the  European  Parliament  travelling  to  or  from  the  place  of  meeting  of  the  European 
Parliament. 

Members  of  the  European  Parliament  shall,  in  respect  of  customs  and  exchange  control,  be 
accorded: 

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(a) 

(b) 

by  their  own  government,  the  same  facilities  as  those  accorded  to  senior 
officials travelling abroad on temporary official missions; 

by  the  Government  of  other  Member  States,  the  same  facilities  as  those 
accorded  to  representatives  of  foreign  governments  on  temporary  official 
missions. 

Article 9 

Members of the European Parliament shall not be subject to any form of inquiry, detention or 
legal proceedings in respect of opinions expressed or votes cast by them in the performance of 
their duties. 

During the sessions of the European Parliament, its Members shall enjoy: 

Article 10 

(a) 

(b) 

in the territory of their own State, the immunities accorded to members of their 
parliament; 

in  the  territory  of  any  other  Member  State,  immunity  from  any  measure  of 
detention and from legal proceedings.  

Immunity shall likewise apply to Members while they are travelling to and from the place of 
meeting of the European Parliament. 

Immunity cannot be claimed when a Member is found in the act of committing an offence and 
shall not prevent the European Parliament from exercising its right to waive the immunity of 
one of its Members.  

CHAPTER IV 

REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE 
INSTITUTIONS OF THE EUROPEAN COMMUNITIES 

Article 11 

Representatives  of  Member  States  taking  part  in  the  work  of  the  institutions  of  the 
Communities, their advisers and technical experts shall, in the performance of their duties and 
during  their  travel  to  and  from  the  place  of  meeting,  enjoy  the  customary  privileges, 
immunities and facilities. This Article shall also apply to members of the advisory bodies of 
the Communities. 

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OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES 

CHAPTER V 

Article 12 

In  the  territory  of  each  Member  State  and  whatever  their  nationality,  officials  and  other 
servants of the Communities shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

subject to the provisions of the Treaties relating, on the one hand, to the rules 
on the liability of officials and other servants towards the Communities and, on 
the  other  hand,  to  the  jurisdiction  of  the  Court  in  disputes  between  the 
Communities  and  their  officials  and  other  servants,  be  immune  from  legal 
proceedings  in  respect  of  acts  performed  by  them  in  their  official  capacity, 
including  their  words  spoken  or  written.  They  shall  continue  to  enjoy  this 
immunity after they have ceased to hold office; 

together  with  their  spouses  and  dependent  members  of  their  families,  not  be 
subject  to  immigration  restrictions  or  to  formalities  for  the  registration  of 
aliens; 

in respect of currency or exchange regulations, be accorded the same facilities 
as are customarily accorded to officials of international organisations; 

enjoy the right to import free of duty their furniture and effects at the time of 
first  taking  up  their  post  in  the  country  concerned,  and  the  right  to  re-export 
free  of  duty  their  furniture  and  effects,  on  termination  of  their  duties  in  that 
country, subject in either case to the conditions considered to be necessary by 
the government of the country in which this right is exercised; 

have the right to import free of duty a motor car for their personal use, acquired 
either in the country of their last residence or in the country of which they are 
nationals  on  the  terms  ruling  in  the  home  market  in  that  country,  and  to  re-
export it free of duty, subject in either case to the conditions considered to be 
necessary by the government of the country concerned.  

Article 13 

Officials and other servants of the Communities shall be liable to a tax for the benefit of the 
Communities  on  salaries,  wages  and  emoluments  paid  to  them  by  the  Communities,  in 
accordance with the conditions and procedure laid down by the Council, acting on a proposal 
from  the  Commission.  They  shall  be  exempt  from  national  taxes  on  salaries,  wages  and 
emoluments paid by the Communities. 

Article 14 

In  the  application  of  income  tax,  wealth  tax  and  death  duties  and  in  the  application  of 
conventions  on  the  avoidance  of  double  taxation  concluded  between  Member  States  of  the 
Communities,  officials  and  other  servants  of the  Communities  who,  solely  by  reason  of  the 
performance of their duties in the service of the Communities, establish their residence in the 
territory of a Member State other than their country of domicile for tax purposes at the time of 

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entering  the  service  of  the  Communities,  shall  be  considered,  both  in  the  country  of  their 
actual residence and in the country of domicile for tax purposes, as having maintained their 
domicile in the latter country provided that it is a member of the Communities. This provision 
shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful 
occupation,  and  to  children  dependent  on  and  in  the  care  of  the  persons  referred  to  in  this 
Article. 

Movable property belonging to persons referred to in the preceding paragraph and situated in 
the territory of the country where they are staying shall be exempt from death duties in that 
country; such property shall, for the assessment  of  such duty, be  considered as being  in the 
country of domicile for tax purposes, subject to the rights of non-member countries and to the 
possible application of provisions of international conventions on double taxation. 

Any domicile acquired solely by reason of the performance of duties in the service of other 
international organisations shall not be taken into consideration in applying the provisions of 
this Article.  

The  Council  shall,  acting  unanimously  on  a  proposal  from  the  Commission,  lay  down  the 
scheme of social security benefits for officials and other servants of the Communities.  

Article 15 

Article 16 

The Council shall, acting on a proposal from the Commission and after consulting the other 
institutions  concerned,  determine  the  categories  of  officials  and  other  servants  of  the 
Communities to whom the provisions of Article 12, the second paragraph of Article 13, and 
Article 14 shall apply, in whole or in part. The names, grades and addresses of officials and 
other  servants  included  in  such  categories  shall  be  communicated  periodically  to  the 
Governments of the Member States.  

CHAPTER VI 

PRIVILEGES AND IMMUNITIES OF MISSIONS OF NON-MEMBER COUNTRIES 
ACCREDITED TO THE EUROPEAN COMMUNITIES 

Article 17 

The  Member  State  in  whose  territory  the  Communities  have  their  seat  shall  accord  the 
customary  diplomatic  immunities  and  privileges  to  missions  of  non-member  countries 
accredited to the Communities. 

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CHAPTER VII 

GENERAL PROVISIONS 

Article 18 

Privileges,  immunities  and  facilities  shall  be  accorded  to  officials  and  other  servants  of  the 
Communities solely in the interests of the Communities. Each institution of the Communities 
shall be required to waive the immunity accorded to an official or other servant wherever that 
institution  considers  that  the  waiver  of  such  immunity  is  not  contrary  to  the  interests  of  the 
Communities. 

The  institutions  of  the  Communities  shall,  for  the  purpose  of  applying  this  Protocol,  co-
operate with the responsible authorities of the Member States concerned.  

Article 19 

Articles 12 to 15 and Article 18 shall apply to Members of the Commission.  

Article 20 

Article 21 

Articles  12  to  15  and  Article  18  shall  apply  to  the  Judges,  the  Advocates  General,  the 
Registrar  and  the  Assistant  Rapporteurs  of  the  Court  of  Justice,  without  prejudice  to  the 
provisions  of  Article  3  of  the  Protocols  on  the  Statute  of  the  Court  of  Justice  concerning 
immunity from legal proceedings of Judges and Advocates General.  

Article 22 

This Protocol shall also apply to the European Investment Bank, to the members of its organs, 
to its staff and to the representatives of the Member States taking part in its activities, without 
prejudice to the provisions of the Protocol on the Statute of the Bank. 

The  European  Investment  Bank  shall  in  addition  be  exempt  from  any  form  of  taxation  or 
imposition of a like nature on the occasion of any increase in its capital and from the various 
formalities  which  may  be  connected  therewith  in  the  State  where  the  Bank  has  its  seat. 
Similarly,  its  dissolution  or  liquidation  shall  not  give  rise  to  any  imposition.  Finally,  the 
activities of the Bank and of its organs carried on in accordance with its Statute shall not be 
subject to any turnover tax.  

Article 23 

This Protocol shall also apply to the European Central Bank, to the members of its organs and 
to its staff, without prejudice to the provisions of the Protocol on the Statute of the European 
System of Central Banks and the European Central Bank 

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The  European  Central  Bank  shall,  in  addition,  be  exempt  from  any  form  of  taxation  or 
imposition of a like nature on the occasion of any increase in its capital and from the various 
formalities which may be connected therewith in the State where the Bank has its seat. The 
activities  of  the  Bank  and  of  its  organs  carried  on  in  accordance  with  the  Statute  of  the 
European System of Central Banks and of the European Central Bank shall not be subject to 
any turnover tax. 

The above provisions shall also apply to the European Monetary Institute. Its dissolution or 
liquidation shall not give rise to any imposition 

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol. Done 
at Brussels this eighth day of April in the year one thousand nine hundred and sixty-five. 

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FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL 

Participation  of  Turkey  in  the  European  Monitoring  Centre  for  Drugs  and  Drug 
Addiction 

2. 

BUDGET HEADING INVOLVED 

18  07  01  01:  European  Monitoring  Centre  for  Drugs  and  Drugs  Addiction  — 
Subsidy under Titles 1 and 2 

18  07  01  02:  European  Monitoring  Centre  for  Drugs  and  Drugs  Addiction  — 
Subsidy under Title 3 

3. 

FINANCIAL IMPACT 

This proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows:  

Budget line 

Revenue 

Year No 

18 07 01 01/18 07 01 02 

€ 100,000  
(pro rata) 

From entry into force of this 
agreement until the end of the 
financial year in which this 
agreement enters into force 

18 07 01 01/18 07 01 02 

€ 150,000 

First full financial year after entry 
into force of this agreement 

18 07 01 01/18 07 01 02 

€ 210,000 

Second full financial year after the 
entry into force of this agreement 

18 07 01 01/18 07 01 02 

€ 271,000 

Third full financial year after the 
entry into force of this agreement 

1 

2 

3 

4 

4. 

ANTI-FRAUD MEASURES 

The  anti-fraud  provisions  of  the  basic  budget  headings  apply  to  this  heading  too 
when adapted to the case of Turkey. The payments consist of lump sum amounts and 
hence the possibility for fraud is extremely limited. 

5. 

OTHER REMARKS 

None. 

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