Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast)
Date: 2006-12-12
Institutions: Council of the European Union, European Parliament
Subjects: European Monitoring Centre for Drugs and Drug Addiction, information network, operation of the Institutions

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 1920/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Monitoring Centre for Drugs and Drug Addiction (recast)

of 12 December 2006

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 152 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

(2)

At its meeting in Luxembourg on 28 and 29 June 1991,
the European Council, approved the setting-up of a Euro-
pean Drugs Monitoring Centre. Such a body, named the
European Centre for Drugs and Drug Addiction (‘the Cen-
tre’), was established by Council Regulation (EEC)
No 302/93 of 8 February 1993 (3), which has been sub-
stantially amended several times (4). Since further amend-
ments are to be made, it should, in the interests of clarity,
be recast.

Factual, objective, reliable and comparable information
concerning drugs, drug addiction and their consequences
is required at Community level to help provide the Com-
munity 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.

(1) OJ C 69, 21.3.2006, p. 22.
(2) Opinion of the European Parliament delivered on 14 June 2006 (not

yet published in the Official Journal).

(4)

(5)

(6)

(7)

(8)

The drug phenomenon comprises many complex
and closely interwoven aspects which cannot easily be dis-
sociated. Therefore, the Centre should be entrusted with
the task of furnishing general 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 legislative provisions concerning drug supply
and demand.

By means of Decision No 2367/2002/EC of 16 Decem-
ber 2002 (5), the European Parliament and the Council
established the Community statistical programme for the
period from 2003 to 2007, which includes the Commu-
nity’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 substances (6) sets out the role of the Centre
and its Scientific Committee in the rapid information sys-
tem and in the assessment of the risks of new substances.

Account should be taken of new methods of use, espe-
cially poly-drug use, where illicit drugs are taken in com-
bination with licit drugs or medication.

It should be one of the Centre’s tasks to provide informa-
tion on best practices and guidelines in the Member States
and to facilitate the exchange of such practices among
them.

The Council Resolution of 10 December 2001 on the
implementation of the five key epidemiological indicators
on drugs urges Member States to ensure, making use of
national focal points, that comparable information on
those indicators is available. The implementation by Mem-
ber States of those indicators is a precondition for the Cen-
tre to perform its tasks as set out in this Regulation.

(3) OJ L 36, 12.2.1993, p. 1. Regulation as last amended by Regulation

(5) OJ L 358, 31.12.2002, p. 1. Decision as amended by Decision

(EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).

No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

(4) See Annex II.

(6) OJ L 127, 20.5.2005, p. 32.

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(9)

It is desirable for the Commission to be able to entrust
the Centre directly with the implementation of Commu-
nity structural assistance projects relating to drug informa-
tion systems in third countries such as the candidate
countries or the countries of the western Balkans which
have been authorised by the European Council to partici-
pate in Community programmes and agencies.

(18)

The Centre’s work should be conducted in a transparent
fashion and its management should be subject to all exist-
ing good governance and anti-fraud rules, in particular
Regulation (EC) No 1073/1999 of the European Parlia-
ment and of the Council of 25 May 1999 concerning
investigations conducted by the European Anti-Fraud
Office (OLAF) (3) and the Interinstitutional Agreement of
25 May 1999 between the European Parliament, the
Council of the European Union and the Commission of
the European Communities concerning internal investiga-
tions by the European Anti-fraud Office (OLAF) (4) to
which the Centre has acceded and the necessary imple-
menting provisions of which it has adopted.

(19) An external evaluation of the Centre’s work should be con-
ducted on a regular basis, and this Regulation should be
adapted accordingly, if needed.

(20)

Since the objectives of this Regulation cannot be suffi-
ciently achieved by the Member States and can, by reason
of the scale and effects of this Regulation, be better
achieved at Community level, the Community may adopt
measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty. In accordance with
the principle of proportionality as set out in that Article,
this Regulation does not go beyond what is necessary to
achieve those objectives.

(21)

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:

Article 1

Objective

(10)

The way in which the Centre is organised and its working
methods should be consistent with the objective nature of
the results sought, namely the comparability and compat-
ibility of sources and methods in connection with drug
information.

(11)

The information compiled by the Centre should concern
the content, scope and implementing
priority areas,
arrangements of which should be defined.

(12)

(13)

(14)

There are national, European and international organisa-
tions and bodies that already supply information of this
kind, and it is necessary for the Centre to be able to carry
out its tasks in close cooperation with them.

Regulation (EC) No 45/2001 of the European Parliament
and of the Council of 18 December 2000 on the protec-
tion of individuals with regard to the processing of per-
sonal data by the Community institutions and bodies and
on the free movement of such data (1) should apply to the
processing of personal data by the Centre.

The Centre should also apply the general principles
and limits governing the right of access to documents as
provided for in Article 255 of the Treaty and defined by
Regulation (EC) No 1049/2001 of the European Parlia-
ment and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission
documents (2).

(15)

The Centre should have legal personality.

(16)

In view of its size, the Centre’s Management Board should
be assisted by an Executive Committee.

This Regulation provides for the European Monitoring Cen-

1.
tre for Drugs and Drug Addiction (‘the Centre’).

(17)

In order to ensure that the European Parliament is well
informed of the state of the drugs phenomenon in the
European Union, it should have the right to question the
Centre’s Director.

2.
The Centre’s objective is to provide, in the areas referred
to in Article 3, the Community and its Member States with
factual, objective, reliable and comparable information at Euro-
pean level concerning drugs and drug addiction and their
consequences.

(1) OJ L 8, 12.1.2001, p. 1.
(2) OJ L 145, 31.5.2001, p. 43.

(3) OJ L 136, 31.5.1999, p. 1.
(4) OJ L 136, 31.5.1999, p. 15.

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The statistical, documentary and technical information pro-
3.
cessed 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. The statistical element
of this information shall be developed, in collaboration with the
relevant statistical authorities, using as necessary the Commu-
nity Statistical Programme to promote synergy and avoid dupli-
cation. Account shall be taken of further data from the World
Health Organisation and the United Nations Organisation (the
‘UN’) available worldwide.

(iv) establishing and coordinating, in consultation and in
cooperation with the competent authorities and organi-
sations in the Member States, the network referred to in
Article 5;

(v)

facilitating exchanges of information between decision-
makers, researchers, specialists and those involved in
and non-
drugs-related issues
governmental organisations;

in governmental

4. Without prejudice to Article 2(d)(v), the Centre may not
take any measure which goes beyond the sphere of information
and the processing thereof.

(b)

Improvement of data-comparison methods

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

Article 2

Tasks

(i)

ensuring improved comparability, objectivity and reli-
ability of data at European level by establishing indica-
tors and common criteria of a non-binding nature,
compliance with which may be recommended by the
Centre, with a view to ensuring greater uniformity of
the measurement methods used by the Member States
and the Community;
in particular, the Centre shall
develop tools and instruments to help Member States
to monitor and evaluate their national policies and the
Commission to monitor and evaluate Union policies;

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

(ii)

facilitating and structuring information exchange in
terms of both quality and quantity (databases);

(a) Collection and analysis of existing data

(c) Dissemination of data

(i)

collecting, registering and analysing information, includ-
ing data resulting from research, communicated by
Member States and data emanating from Community,
non-governmental national sources and competent
international organisations,
including the European
Police Office (Europol); providing information on best
practices in the Member States and facilitating the
exchange of such practices among them; this collection,
registration, analysis and information work shall also
cover data on emerging trends in poly-drug use, includ-
ing the combined use of licit and illicit psychoactive
substances;

(ii) carrying out surveys, preparatory studies and feasibility
studies, together with any pilot projects necessary to
accomplish its tasks; organising meetings of experts and,
whenever necessary, setting up ad hoc working parties
for the purpose; setting up and making available open
scientific documentation resources and assisting in the
promotion of information activities;

(iii) providing an organisational and technical

system
capable of supplying information on similar or comple-
mentary programmes or action pursued by the Mem-
ber States;

(i) making the information produced by it available to the
and competent
the Member States

Community,
organisations;

(ii) ensuring wide dissemination of work done in each
Member State and by the Community itself, and, where
appropriate, by third countries or
international
organisations;

(iii) ensuring wide dissemination of reliable non-confidential
data, publishing on the basis of data which it gathers, a
yearly report on the state of the drugs problem, includ-
ing data on emerging trends;

(d) Cooperation with European and international bodies

and organisations and with third countries

(i)

contributing to improving coordination between
national and Community action in its areas of activity;

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(ii) without prejudice to Member States’ obligations with
regard to transmission of information under the provi-
sions of the United Nations Conventions on drugs, pro-
moting 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 UN and its specialised agencies;

(iii) cooperating actively with Europol to attain maximum

efficiency in monitoring the drugs problem;

(iv) cooperating actively with the organisations and bodies

referred to in Article 20;

(v)

transferring, at the request of the Commission and with
the approval of the Management Board referred to in
Article 9, its know-how to certain third countries such
as candidate countries or the countries of the western
Balkans and assist in the creation and strengthening of
structural links with the network referred to in Article 5
and the setting-up and consolidation of the national
focal points referred to in that Article;

(e)

Information obligations

Article 5

European Information Network on Drugs and Drug
Addiction (Reitox)

1.
The Centre shall have at its disposal the European Informa-
tion Network on Drugs and Drug Addiction (Reitox). The net-
work shall consist of one focal point for each Member State and
each country which has concluded an agreement pursuant to
Article 21 and a focal point for the Commission. The designa-
tion of the national focal points shall be the exclusive responsi-
bility of the countries concerned.

2.
The national focal points shall form an interface between
the participating countries and the Centre. They shall contribute
to the establishment of key indicators and data, including guide-
lines for their implementation with a view to obtaining reliable
and comparable information at European Union level. They shall
collect and analyse in an objective manner at national level,
bringing together experience from different sectors – health, jus-
tice, law enforcement – in cooperation with experts and national
organisations active in the field of drugs policy, all relevant infor-
mation 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.

In principle, the Centre shall, if it identifies new develop-
ments and changing trends, inform the competent authori-
ties of the Member States thereof.

Each Member State shall ensure that its representative in the
Reitox Network provides the information set out in Article 4(1)
of Decision 2005/387/JHA.

Article 3

Priority areas of activity

The objective and tasks of the Centre, as set out in Articles 1
and 2, shall be implemented following the order of priorities indi-
cated in Annex I.

Article 4

Working method

The national focal points may also provide the Centre with infor-
mation on new trends in the use of existing psychoactive sub-
stances and/or new combinations of psychoactive substances
which pose a potential risk to public health as well as informa-
tion on possible measures related to public health.

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.

1.
The Centre shall progressively carry out its tasks in the light
of the objectives adopted in the three-year and annual work pro-
grammes referred to in Article 9(4) and (5) and with due regard
to the available resources.

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

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

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.

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Article 6

Protection and confidentiality of data

Data on drugs and drug addiction provided to or by the
1.
Centre may be published subject to compliance with Commu-
nity and national rules on the dissemination and confidentiality
of information. Personal data may not be published or made
accessible to the public.

Each member of the Management Board shall have one vote,
except for the representatives of the countries which have con-
cluded agreements pursuant to Article 21, who shall not have
the right to vote.

The decisions of the Management Board shall be taken by a two-
thirds majority of the members with a right to vote, except in
the cases provided for in paragraph 6 of this Article and in
Article 20.

Member States and the national focal points shall be under no
obligation to provide information classified as confidential under
their national law.

Each member of the Management Board may be assisted or rep-
resented by a substitute. Where a full member who has the right
to vote is absent, his or her substitute may exercise that right.

2.

Regulation (EC) No 45/2001 shall apply to the Centre.

Article 7

Access to documents

Regulation (EC) No 1049/2001 shall apply to documents

1.
held by the Centre.

The Management Board referred to in Article 9 shall
the arrangements for implementing Regulation (EC)

2.
adopt
No 1049/2001.

The Management Board may invite as non-voting observers rep-
resentatives of international organisations with which the Centre
cooperates in accordance with Article 20.

2.
The Chairperson and Vice-Chairperson of the Management
Board shall be elected from amongst and by its members for a
three-year period. Their terms of office shall be renewable once.

The Chairperson and Vice-Chairperson shall have the right to
take part in the voting.

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

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 of the European Communities, under
the conditions laid down in Articles 195 and 230 of the Treaty
respectively.

The meetings of the Management Board shall be convened
3.
by its Chairperson. It shall hold an ordinary meeting at least once
a year. The Centre’s Director, as referred to in Article 11, shall
take part in the meetings of the Management Board, without vot-
ing rights, and shall, under Article 11(3), provide for the Board’s
Secretariat.

Article 8

Legal capacity and location

The Centre shall have legal personality. In each of the Mem-
1.
ber States,
it shall enjoy the most extensive legal capacity
accorded to legal persons under their laws. It may, in particular,
acquire or dispose of movable and immovable property and may
be a party to legal proceedings.

2.

The seat of the Centre shall be located in Lisbon.

Article 9

Management Board

1.
The Centre shall have a Management Board consisting of
one representative from each Member State, two representatives
from the Commission, two independent experts particularly
knowledgeable in the field of drugs designated by the European
Parliament and one representative from each country which has
concluded an agreement pursuant to Article 21.

4.
The Management Board shall adopt a three-year work pro-
gramme on the basis of a draft submitted by the Director, after
consulting the Scientific Committee referred to in Article 13 and
obtaining the opinion of the Commission, and shall forward it
to the European Parliament, the Council and the Commission.

5.
Under the three-year work programme, the Management
Board shall adopt each year the Centre’s annual work pro-
gramme on the basis of a draft submitted by the Director, after
consulting the Scientific Committee and obtaining the opinion
of the Commission. The work programme shall be forwarded to
the European Parliament, the Council and the Commission. It
may be adjusted in the course of the year in accordance with the
same procedure.

6. Where the Commission expresses its disagreement with the
three-year or annual work programme, those programmes shall
be adopted by the Management Board by a three-fourths major-
ity of the members with a right to vote.

7.
The Management Board shall adopt the annual report on
the Centre’s activities and forward it by 15 June to the European
Parliament, the Council, the Commission, the Court of Auditors
and the Member States.

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The Centre shall forward annually to the budgetary author-
8.
ity any information relevant to the outcome of the evaluation
procedures.

(h)

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

(i)

carrying out a regular assessment of the Centre’s work.

Article 10

Executive Committee

The Management Board shall be assisted by an Executive
1.
Committee. The Executive Committee shall be made up of the
Chairperson and the Vice-Chairperson of the Management Board,
two other members of the Management Board representing the
Member States and appointed by the Management Board and
two Commission representatives. The Director shall take part in
meetings of the Executive Committee.

2.
The Executive Committee shall meet at least twice a year
and whenever necessary to prepare the decisions of the Manage-
ment Board and to assist and advise the Director. It shall decide
on behalf of the Management Board on those matters provided
for in the financial rules adopted pursuant to Article 15(10) that
are not reserved to the Management Board by this Regulation.
Decisions shall be adopted by consensus.

Article 11

Director

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

2.
Before appointment to a first term, out of a maximum of
two terms, the candidate selected by the Management Board for
the post of Director shall 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:

(a) preparing and implementing the decisions and programmes

adopted by the 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,

(e)

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

(f) managing all staff-related matters, and in particular exercis-
ing the powers which are devolved on the appointing
authority,

The Director shall be accountable for his activities to the

4.
Management Board.

5.

The Director shall be the Centre’s legal representative.

Article 12

Hearing of the Director and of the Chairperson of the
Management Board before the European Parliament

Each year the Director shall submit to the European Parliament
the general report on the Centre’s activities. The European Parlia-
ment may also ask for a hearing with the Director and the Chair-
person of the Management Board on any subject related to the
Centre’s activities.

Article 13

Scientific Committee

The Management Board and the Director shall be assisted
1.
by a Scientific Committee which shall deliver an opinion where
provided for in this Regulation on any scientific matter concern-
ing 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 at most fifteen
well-known scientists appointed in view of their scientific excel-
lence and their independence by the Management Board, follow-
ing the publication of a call for expressions of interest in the
Official Journal of the European Union. The selection procedure shall
ensure that the specialist fields of the members of the Scientific
Committee cover the most relevant scientific fields linked to the
problems of drugs and drug addiction.

The members of the Scientific Committee shall be appointed in
a personal capacity and shall give their opinions completely inde-
pendently of the Member States and the Community Institutions.

The Scientific Committee shall take into account the various posi-
tions expressed in national expert opinions, if available, before
delivering any opinion.

(g) defining the Centre’s organisational structure and submit-

ting it to the Management Board for approval,

For the purpose of implementing Decision 2005/387/JHA, the
Scientific Committee may be extended following the procedure
laid down in Article 6(2) of that Decision.

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

4.
The Scientific Committee shall elect its chairperson for a
three-year period. It shall be convened by its chairperson at least
once a year.

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

Article 14

Drawing up of the budget

Where a branch of the budgetary authority has notified its inten-
tion 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.

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.

Article 15

Implementation of the budget

The revenue and expenditure shown in the budget shall be

2.
in balance.

1.

The Director shall implement the Centre’s budget.

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 third countries referred
to in Articles 20 and 21 respectively.

4.

The Centre’s expenditure shall include:

(a)

remuneration,

staff
expenses, and operating costs;

administrative

and infrastructure

(b) expenditure in support of the Reitox focal points.

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, together with the Centre’s work programme. The esti-
mate shall be forwarded by the Commission to the European
Parliament and the Council (hereinafter referred to as the ‘bud-
getary authority’) together with the preliminary draft general bud-
get of the European Union.

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

2.
By 1 March 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 Council Regulation (EC,
Euratom) No 1605/2002 of 25 June 2002 on the Financial Regu-
lation applicable to the general budget of the European Commu-
nities (1)
‘the general Financial
referred to as
Regulation’).

(hereinafter

3.
By 31 March following each financial year, the Commis-
sion’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 finan-
cial 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 gen-
eral 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.

The Management Board shall deliver an opinion on the

5.
Centre’s final accounts.

6.
The Director shall, by 1 July following each financial year,
forward the final accounts to the European Parliament, the Coun-
cil, the Commission and the Court of Auditors, together with the
Management Board’s opinion.

7.
The budgetary authority shall authorise the appropriations
for the subsidy to the Centre and shall adopt the establishment
plan for the Centre.

The final accounts shall be published.

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

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

(1) OJ L 248, 16.9.2002, p. 1.

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The Director shall submit to the European Parliament, at
8.
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.

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.

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 Regula-
tion (EC, Euratom) No 2343/2002 (1) on the framework Finan-
cial Regulation for the bodies referred to in Article 185 of
Council Regulation (EC, Euratom) No 1605/2002 unless specifi-
cally required for the Centre’s operation and with the Commis-
sion’s prior consent.

Article 16

Combating fraud

1.
In order to combat fraud, corruption and any other illegal
activities affecting the Communities’ financial interests, the pro-
visions of Regulation (EC) No 1073/1999 shall apply without
restriction to the Centre.

The decisions concerning funding and the implementing
2.
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 at the premises of the recipients
of the Centre’s funding.

The Centre shall exercise in respect of its staff the powers
devolved to the appointing authority.

The Management Board shall, in agreement with the Commis-
sion, adopt the appropriate implementing rules in accordance
with the Staff Regulations, Article 110, and the Conditions of
Employment referred to in paragraph 1.

The Management Board may adopt provisions to allow national
experts from other Member States to be employed on second-
ment at the Centre.

Article 19

Liability

1.
The contractual liability of the Centre shall be governed by
the law applicable to the contract in question. The Court of Jus-
tice shall have jurisdiction pursuant to an arbitration clause con-
tained 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 Cen-
tre or its staff in the performance of their duties. The Court of
Justice shall have jurisdiction in disputes relating to the compen-
sation of any such damage.

Article 17

Privileges and immunities

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

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

Article 20

Cooperation with other organisations and bodies

Article 18

Staff Regulations

The Staff Regulations of officials of the European Communities
and the Conditions of Employment of other servants of the Euro-
pean Communities and the rules adopted jointly by the Commu-
the purpose of applying those Staff
nity Institutions for
Regulations and Conditions of Employment shall apply to the
staff of the Centre.

Where it engages staff from third countries following the conclu-
sion of the agreements referred to in Article 21, the Centre shall,
in any event, comply with the Staff Regulations and Conditions
of Employment referred to in paragraph 1 of this Article.

(1) OJ L 357, 31.12.2002, p. 72.

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

Such cooperation shall be based on working arrangements con-
cluded with the organisations and bodies referred to in the first
paragraph. Those arrangements shall be adopted by the Manage-
ment Board on the basis of a draft submitted by the Director and
after the Commission has delivered an opinion. Where the Com-
mission expresses its disagreement with these arrangements, the
Management Board shall adopt them by a three-fourths majority
of the members with a right to vote.

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Article 21

Participation of third countries

The Centre shall be open to the participation of any third coun-
try that shares the interest of the Community and of its Member
States in the Centre’s objectives and work, on the basis of agree-
ments entered into between such third countries and the Com-
munity on the basis of Article 300 of the Treaty.

In that context, the Commission shall, if appropriate, present a
proposal for revision of the provisions of this Regulation in the
light of developments in respect of regulatory agencies, in accor-
dance with the procedure laid down in Article 251 of the Treaty.

Article 24

Repeal

Article 22

Jurisdiction of the Court of Justice

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

The Court of Justice shall have jurisdiction in actions brought
against the Centre under Article 230 of the Treaty.

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.

Article 23

Evaluation report

The Commission shall initiate an external evaluation of the Cen-
tre every six years to coincide with the completion of two of the
Centre’s three-year work programmes. Such evaluations shall also
include the Reitox system. The Commission shall forward the
evaluation report to the European Parliament, the Council and
the Management Board.

Article 25

Entry into force

This Regulation shall enter into force on the twentieth day fol-
lowing that of its publication in the Official Journal of the Euro-
pean Union.

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

Done at Strasbourg, 12 December 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
M. PEKKARINEN

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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. 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.

The Centre shall focus on the following priority areas:

1) monitoring the state of the drugs problem, in particular using epidemiological or other indicators, and monitor-

ing emerging trends, in particular those involving poly-drug use;

2) monitoring the solutions applied to drug-related problems; providing information on best practices in the Mem-

ber States and facilitating the exchange of such practices among them;

3)

4)

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;

developing tools and instruments to help Member States to monitor and evaluate their national policies and the
Commission to monitor and evaluate European Union policies.

B.

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

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ANNEX II

REPEALED REGULATION AND SUCCESSIVE AMENDMENTS

Council Regulation (EEC) No 302/93

OJ L 36, 12.2.1993, p. 1.

Council Regulation (EC) No 3294/94

OJ L 341, 30.12.1994, p. 7.

Council Regulation (EC) No 2220/2000

OJ L 253, 7.10.2000, p. 1.

Council Regulation (EC) No 1651/2003

OJ L 245, 29.9.2003, p. 30.

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ANNEX III

CORRELATION TABLE

Council Regulation (EEC) No 302/93

Article 1

—

Article 2(A), sub-heading

Article 2(A)(1)

—

Article 2(A)(2) to (5)

Article 2(B), sub-heading

Article 2(B)(6), first phrase

—

Article 2(B)(7)

Article 2(C), sub-heading

Article 2(C)(8) to (10)

Article 2(D), sub-heading

Article 2(D)(11) to (13)

—

—

Article 3

Article 4

Article 5(1)

—

Article 5(4)

Article 6(2) and (3)

—

Article 6a

Article 7

—

—

Article 8(1)

Article 8(2)

—

Article 8(3)

Article 8(4)

—

—

Article 8(5) and (6)

—

Article 9(1), first subparagraph

This Regulation

Article 1

Article 1(3), second and third sentences

Article 2(a), sub-heading

Article 2(a)(i), first phrase

Article 2(a)(i), second and third phrases

Article 2(a)(ii) to (v)

Article 2(b), sub-heading

Article 2(b)(i), first phrase

Article 2(b)(i), second phrase

Article 2(b)(ii)

Article 2(c), sub-heading

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

Article 2(d), sub-heading

Article 2(d)(i), (ii) and (iv)

Article 2(d)(iii) and (v)

Article 2(e)

Article 4

Article 3

Article 5(1)

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

Article 5(5)

Article 6(1)

Article 6(2)

Article 7

Article 8

Article 8, heading

Article 8 (2)

Article 9(1), first, fourth and fifth subparagraphs

Article 9(1), second and third subparagraphs;
Article 9(2);
Article 9(3), second sentence

Article 9(3), first and third sentences

Article 9(4)

Article 9(5), first and third sentences

Article 9(5), second sentence

Article 9(6)

Article 9(7) and (8)

Article 10

Article 11(1)

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Council Regulation (EEC) No 302/93

—

Article 9(1), second subparagraph

This Regulation

Article 11(2)

Article 11(3)

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

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

—

—

Article 9(1), second subparagraph, seventh indent

—

Article 9(2) and (3)

—

Article 10(1)

Article 10(2)

—

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

Article 11(1) to (6)

Article 11(7) to (10)

Article 11a(1) to (5)

Article 11a(6) and (7)

Article 11a(8) to (11)

—

Article 12

—

Article 13(1)

Article 13(2)

Article 14

Article 15

—

Article 16

Article 17

Article 18

—

—

—

Article 19

Article 11(3)(f), second phrase

Article 11(3)(g)

Article 11(3)(h)

Article 11(3)(i)

Article 11(4) and (5)

Article 12

Article 13(1)

Article 13(2), first and fourth subparagraphs

Article 13(2), second and third subparagraphs

Article 13(3) and (4)

Article 14(1) to (5)

Article 14(6) to (9)

Article 15(1) to (5)

Article 15(6)

Article 15(7) to (10)

Article 16

Article 20

Article 20, second subparagraph

Article 21

—

Article 17

Article 18, first, third and fourth subparagraphs

Article 18, second and fifth subparagraphs

Article 19

Article 22

Article 23, first subparagraph, first and third sentences

Article 23, first subparagraph, second sentence

Article 23, second subparagraph

Article 24

Article 25

Annex, paragraph A, first subparagraph

Annex I, paragraph A, first subparagraph, first sentence

—

—

Annex I, paragraph A, first subparagraph, second and
third sentences

Annex I, paragraph A, second subparagraph,
points (1) to (4)

Annex, paragraph A, second subparagraph, points 1 to 5

—

Annex, paragraph B

Annex, paragraph C

—

—

Annex I, paragraph B

—

Annex II

Annex III