Common Position (EC) No 15/2007 of 23 July 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Decision of the European Parliament and of the Council establishing for the period 2007-2013 the Specific Programme Drug prevention and information as part of the General Programme Fundamental Rights and Justice
Date: 2007-07-23
Institutions: Council of the European Union
Subjects: action programme, drug addiction, health policy, public awareness campaign, public health

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III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 15/2007

adopted by the Council on 23 July 2007

with a view to the adoption of Decision No …/2007/EC of the European Parliament and of the
Council of … establishing for the period 2007-2013 the Specific Programme ‘Drug prevention and
information’ as part of the General Programme ‘Fundamental Rights and Justice’

(2007/C 277 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 152 thereof,

establishing the European

Having regard to the proposal from the Commission,

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

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

Whereas:

(1)

(2)

(3)

According to the Treaty, a high level of human health
should be ensured in the definition and implementation
of all Community policies and activities. Community
action is required to include a contribution to the attain-
ment of a high level of health protection.

Community action should complement national policies
directed towards
improving public health, obviating
sources of danger to human health and reducing health-
related harm associated with drug dependence, including
information and prevention policies.

Given that, according to research, the morbidity and the
mortality associated with drug dependence affects a size-
able number of European citizens,
the health-related
harm associated with drug dependence constitutes a
major problem for public health.

(1) OJ C 69, 21.3.2006, p. 1.
(2) OJ C 192, 16.8.2006, p. 25.
(3) Opinion of the European Parliament of 14 December 2006 (OJ C 317 E,
23.12.2006), Council Common Position of 23 July 2007 and position
of the European Parliament of … (not yet published in the Official
Journal).

(4)

(5)

(6)

(7)

The Communication from the Commission to the
Council and the European Parliament on the results of
the final evaluation of the EU Drugs Strategy and Action
Plan on Drugs (2000-2004) pointed out the need regu-
larly to involve civil society in the formulation of the
EU's policies on drugs.

Decision No 1786/2002/EC of the European Parliament
and of the Council of 23 September 2002 adopting a
programme of Community action in the field of public
health (2003-2008) (4) includes the development of stra-
tegies and measures on drug dependence, as one of the
important lifestyle-related health determinants.

In Recommendation 2003/488/EC of 18 June 2003 on
the prevention and reduction of health-related harm asso-
ciated with drug dependence (5),
recom-
mended that Member States set as a public health objec-
tive the prevention of drug dependence and the reduction
of related risks, and that they develop and implement
comprehensive strategies accordingly.

the Council

Strategy 2005-2012, which covers

In December 2004, the European Council endorsed the
EU Drugs
all
European Union drug-related activities and sets main
targets. These targets include the attainment of a high
level of health protection, well-being and social cohesion
by preventing and reducing drug use, dependence and
drug-related harm to health and society.

(4) OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision

No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

(5) OJ L 165, 3.7.2003, p. 31.

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(8)

(9)

(10)

(11)

(12)

(13)

The Council
adopted the EU Drugs Action Plan
(2005-2008) (1) as a crucial instrument for transposing
the EU Drugs Strategy 2005-2012 into concrete actions.
The ultimate aim of the Action Plan is to reduce signifi-
cantly the prevalence of drug use among the population
and to reduce the social harm and health damage caused
by the use of and trade in illicit drugs.

The specific programme,
‘Drug prevention and informa-
tion’, established under this Decision (hereinafter referred
to as ‘the Programme’) aims at implementing targets iden-
tified by the EU Drugs Strategy 2005-2012 and the
EU Drugs Action Plans 2005-2008 and 2009-2012, by
supporting projects aimed at preventing drug use,
including by addressing reduction of drug-related harm
and treatment methods taking into account the latest
scientific knowledge.

It is important and necessary to recognise the serious,
immediate and long-term implications of drugs
for
health,
development
including the equal opportunities of those concerned, for
individuals, families and communities, and to recognise
the high social and economic costs to society as a whole.

psychological

social

and

for

Special attention should be paid to the prevention of
drug use among young people who are the most vulner-
able in the population. The main challenge in prevention
is to encourage young people to adopt healthy lifestyles.

The European Community can bring added value to the
actions to be undertaken by Member States in the field of
including treatment
drug prevention and information,
and reduction of drug-related harm, by complementing
those actions and by promoting synergies.

In accordance with Article 7(3) of Council Decision
1999/468/EC of 28 June 1999 laying down the proce-
dures for the exercise of implementing powers conferred
on the Commission (2), the European Parliament should
be informed by the Commission of committee proceed-
ings relating to the implementation of this programme.
In particular, the European Parliament should receive the
draft annual programme when it is submitted to the
the European
management
In addition,
Parliament
should receive the results of voting and
summary records of the meetings of that Committee.

committee.

(14)

Complementarity with the technical expertise of
the
European Monitoring Centre for Drugs and Drug Addic-
tion (hereinafter referred to as ‘the Centre’) should be
assured by making use of methodology and best practices

(1) OJ C 168, 8.7.2005, p. 1.
(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(15)

(16)

(17)

(18)

developed by the Centre and by its involvement in the
preparation of the annual work programme.

Since the objectives of this Decision cannot, because of
the need for an exchange of information at Community
level and for the Community-wide dissemination of good
practices, be sufficiently achieved by the Member States
and can therefore, due to the need for a coordinated and
multidisciplinary approach and by reason of the scale
and effects of the Programme, be better achieved at Com-
munity 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 Decision
does not go beyond what is necessary in order to achieve
those objectives.

funding,

Bearing in mind the importance of visibility of the Com-
munity
the Commission should provide
guidance to ensure that any authority, non-governmental
international organisation or other entity
organisation,
receiving a grant under the Programme acknowledges
properly the support received.

This Decision lays down for the entire duration of the
Programme, a financial envelope constituting the prime
reference within the meaning of point 37 of the Interin-
stitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission
on budgetary discipline and sound financial manage-
ment (3) for the budgetary authority during the annual
budgetary procedure.

Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the European Communities (4),
the general budget of
(hereinafter referred to as ‘the Financial Regulation’), and
Commission Regulation (EC, Euratom) No 2342/2002 of
23 December 2002 laying down detailed rules for the
implementation of Council Regulation (EC, Euratom)
No 1605/2002 on the Financial Regulation applicable to
the European Communities (5),
the general budget of
interests,
which safeguard the Community's
should be applied taking into account the principles of
simplicity and consistency in the choice of budgetary
instruments, a limitation on the number of cases where
the Commission retains direct responsibility for their
implementation and management, and the required
proportionality between the amount of resources and the
administrative burden related to their use.

financial

(3) OJ C 139, 14.6.2006, p. 1.
(4) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation

(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(5) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

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(19) Appropriate measures

be

also

taken

to
should
prevent irregularities and fraud and the necessary steps
should be taken to recover funds lost, wrongly paid or
incorrectly used in accordance with Council Regulation
(EC, Euratom) No 2988/95 of 18 December 1995 on the
protection of the European Communities financial inter-
ests (1), Council Regulation (Euratom, EC) No 2185/96 of
11 November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to
protect
interests
against fraud and other irregularities (2) and Regulation
(EC) No 1073/1999 of the European Parliament and of
the Council of 25 May 1999 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) (3).

the European Communities'

financial

(20)

(21)

The Financial Regulation requires a basic act
provided to cover operating grants.

to be

The measures necessary for the implementation of this
Decision should be adopted in accordance with Decision
1999/468/EC, with a distinction being made between
those measures which are subject to the management
procedure and those which are subject to the advisory
procedure, the advisory procedure being in certain cases,
with a view to increased efficiency, the more appropriate.

(22)

In order to ensure the effective and timely implementa-
tion of the Programme, this Decision should apply from
1 January 2007,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment and scope of the Programme

This Decision establishes the Specific Programme ‘Drug
1.
prevention and information’,
(hereinafter referred to as ‘the
Programme’), as part of the General Programme ‘Fundamental
Rights and Justice’, in order to contribute to ensuring a high
level of human health protection and to reducing drug-related
health damage.

The Programme shall cover the period from 1 January

2.
2007 to 31 December 2013.

(c)

to support the implementation of the EU Drugs Strategy.

Article 3

Specific objectives

The Programme shall have the following specific objectives:

(a)

to promote transnational actions to:

(i)

set up multidisciplinary networks;

(ii) ensure the expansion of

the knowledge base,

the
information and the identification and
including through

exchange of
dissemination of good practices,
training, study visits and staff exchange;

(iii) raise awareness of

the health and social problems
caused by drug use and to encourage an open dialogue
with a view to promoting a better understanding of the
phenomenon of drugs; and

(iv) support measures

aimed at preventing drug use,
including by addressing reduction of drug-related harm
and treatment methods taking into account the latest
state of scientific knowledge;

(b) to involve civil society in the implementation and develop-
ment of the EU Drugs Strategy and EU Action plans; and

(c)

to monitor, implement and evaluate the implementation of
specific actions under the Drugs Action Plans 2005-2008
and 2009-2012. The European Parliament
involved
in the evaluation process through its participation in the
Commission's evaluation steering group.

is

Article 4

Actions

in Articles 2 and 3,

With a view to pursuing the general and specific objectives set
out
the
following types of action under the conditions set out in the
annual work programme referred to in Article 9(2):

the Programme shall support

Article 2

General objectives

The Programme shall have the following general objectives:

(a)

to prevent
drug-related harm;

and reduce

drug use, dependence

and

(b) to contribute to the improvement of information on drug

use; and

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.

(a) specific actions taken by the Commission, such as studies
and research, opinion polls and surveys, formulation of indi-
cators and common methodologies, collection, development
and dissemination of data and statistics, seminars, confer-
ences
and experts' meetings, organisation of public
campaigns and events, development and maintenance of
websites, preparation and dissemination of
information
materials, support to and animation of networks of national
experts, analytical, monitoring and evaluation activities;

(b) specific

transnational projects of Community
interest
presented by at least two Member States, or at least one
Member State and one other State which may either be an
acceding or a candidate country under the conditions set
out in the annual work programme; or

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(c)

the activities of non-governmental organisations or other
entities pursuing an aim of general European interest
regarding the general objectives of the Programme under
the conditions set out in the annual work programme.

Article 8

Types of intervention

1.

Community financing may take the following legal forms:

Article 5

Participation

(a) grants; or

(b) public procurement contracts.

The following countries may participate in the actions of the
Programme:

(a)

the EFTA States which are party to the EEA Agreement, in
accordance with the provisions of that Agreement; and

(b) the candidate countries and the western Balkan countries
included in the stabilisation and association process in
accordance with the conditions laid down in the association
agreements or their additional protocols relating to partici-
pation in Community programmes concluded or to be
concluded with those countries.

Candidate countries not participating in the Programme may be
associated with projects where this would contribute to their
preparation for accession, as may other third countries or inter-
national organisations not participating in the Programme
where this serves the aim of the projects.

Community grants shall be awarded further to calls for
2.
proposals,
save in duly substantiated exceptional cases as
provided for in the Financial Regulation, and shall be provided
through operating grants and grants to actions.

The annual work programme shall specify the minimum rate of
the annual expenditure to be awarded to grants and the
maximum rate of co-financing.

Furthermore, provision is made for expenditure for accom-
3.
panying measures, through public procurement contracts,
in
which case Community financing shall cover the purchase of
goods and services. This shall cover,
inter alia, expenditure on
information and communication, preparation, implementation,
monitoring, checking and evaluation of projects, policies,
programmes and legislation.

Article 6

Target groups

Article 9

Implementing measures

The Programme is targeted at all groups that directly or

1.
indirectly deal with the phenomenon of drugs.

The Commission shall implement the Community finan-

1.
cial support in accordance with the Financial Regulation.

2. With regard to drugs, youth, women, vulnerable groups
and people living in socially disadvantaged areas are groups at
risk and shall be identified as target groups. Other target groups
include teachers and educational staff, parents, social workers,
local and national authorities, medical and paramedical staff,
judicial staff, law enforcement and penitentiary authorities, non-
governmental organisations, trade unions and religious commu-
nities.

Article 7

Access to the Programme

Access to the Programme shall be open to public or private
organisations and institutions (local authorities at the relevant
level, university departments and research centres) working in
the area of information on and prevention of drug use including
the reduction and treatment of drug-related harm.

Bodies and organisations which are profit-oriented shall have
access to grants under the Programme only in conjunction with
non-profit or State organisations.

To implement

the Programme,

2.
the Commission shall,
within the limits of the general objectives set out in Article 2,
adopt an annual work programme taking into account the tech-
nical expertise of the Centre. The Programme shall set out the
specific objectives, thematic priorities, a description of accompa-
nying measures referred to in Article 8 and, if necessary, a list of
other actions.

The first annual work programme shall be adopted by … (*).

The annual work programme shall be adopted in accord-

3.
ance with the procedure referred to in Article 10(3).

The evaluation and award procedures relating to grants to

4.
actions shall take into account, inter alia, the following criteria:

(a) conformity of the proposed action with the annual work
programme, the objectives set out in Articles 2 and 3 and
the types of action set out in Article 4;

(b) quality of the proposed action in terms of its design, organi-

sation, presentation and expected results;

(*) Three months after the entry into force of this Decision.

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(c) amount requested for Community financing and its appro-

priateness in relation to expected results; and

(d)

impact of the expected results on the objectives set out in
Articles 2 and 3 and on the actions referred to in Article 4.

Applications

5.
Article 4(c) shall be assessed in the light of:

for operating grants as

referred to in

(a)

their consistency with the Programme objectives;

(b) the quality of the planned activities;

(c)

the likely multiplier effect on the public of these activities;

(d) the geographic and social

impact of the activities carried

out;

(e) citizen involvement

in the organisation of

the bodies

concerned;

(f)

the cost/benefit ratio of the activity proposed.

Decisions

referred to in
related to proposed actions
6.
Article 4(a) shall be adopted by the Commission in accordance
with the management procedure referred to in Article 10(3).
Decisions
referred to in
Article 4(b) and (c)
respectively shall be adopted by the
Commission in accordance with the advisory procedure referred
to in Article 10(2).

related to projects and activities

Decisions on applications for grants involving profit-oriented
bodies or organisations shall be adopted by the Commission in
accordance with the management procedure referred to in
Article 10(3).

in particular

The Programme may share resources with other Com-
2.
the General Programmes
munity instruments,
‘Security and Safeguarding Liberties’,
‘Solidarity and Manage-
ment of Migration Flows’ and the 7th Research & Development
Framework Programme in order to implement actions meeting
the objectives of all the programmes.

Operations financed under this Decision shall not receive
3.
financial support for the same purpose from other Community
financial
instruments. The Commission shall require that the
beneficiaries of the Programme provide the Commission with
information about financing received from the general budget
of the European Union and from other sources, as well as infor-
mation about ongoing applications for financing.

Article 12

Budgetary resources

1.
this
The financial envelope for the implementation of
Decision from 1 January 2007 to 31 December 2013 shall be
EUR 21 350 000.

2.
The budgetary resources allocated to the actions provided
for in the Programme shall be entered in the annual appropria-
tions of the general budget of the European Union. The avail-
able annual appropriations shall be authorised by the budgetary
authority within the limits of the financial framework.

Article 10

Committee

Article 13

Monitoring

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

Article 11

Complementarity

instruments,
‘Security

Synergies and complementarity shall be sought with other
1.
in particular with the General
Community
Programme
the
7th Research & Development Framework Programme and the
Community Programme on Public Health. Complementarity
with the methodology and best practices developed by the
Centre shall be assured, in particular with regard to the statis-
tical element of information on drugs.

Safeguarding

Liberties’,

and

1.
The Commission shall ensure that for any action financed
by the Programme, the beneficiary submits technical and finan-
cial reports on the progress of work and that a final report is
submitted within three months of the completion of the action.
The Commission shall determine the form and content of the
reports.

2.
The Commission shall ensure that the contracts and agree-
ments resulting from the implementation of the Programme
provide in particular for supervision and financial control by the
Commission (or any representative authorised by it), if necessary
by means of on-the-spot checks, including sample checks, and
audits by the Court of Auditors.

3.
For a period of five years following the last payment in
respect of any action, the Commission shall require that the
beneficiary of financial support keeps available for the Commis-
sion all the supporting documents regarding expenditure on the
action.

4.
On the basis of the results of the reports and on-the-spot
checks referred to in paragraphs 1 and 2, the Commission shall,
if necessary, adjust the scale or the conditions of allocation of
the financial support originally approved and also the timetable
for payments.

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5.
The Commission shall take every other step necessary to
verify that the actions financed are carried out properly and in
compliance with the provisions of this Decision and the Finan-
cial Regulation.

Article 14

The Commission shall ensure the regular,

2.
external evaluation of the Programme.

independent,

The Commission shall provide the European Parliament

3.
and the Council with:

(a) an annual presentation on the implementation of

the

Protection of Community financial interests

Programme;

1.
The Commission shall ensure that, when actions financed
under this Decision are implemented, the financial interests of
the Community are protected by the application of preventive
illegal
measures against
the
activities, by effective checks and by the recovery of
irregularities are detected, by
amounts wrongly paid and,
effective, proportional and dissuasive penalties,
in accordance
with Regulations (EC, Euratom) No 2988/95 (Euratom, EC)
No 2185/96 and (EC) No 1073/1999.

fraud, corruption and any other

if

2.
For the Community actions financed under this Decision,
Regulations (EC, Euratom) No 2988/95 and (Euratom, EC)
No 2185/96 shall apply to any infringement of a provision of
Community law, including infringements of a contractual obli-
gation stipulated on the basis of the Programme, resulting from
an act or omission by an economic operator, which has, or
would have, the effect of prejudicing the general budget of the
European Union or budgets managed by the Communities, by
an unjustified item of expenditure.

3.
The Commission shall reduce, suspend or recover the
amount of financial support granted for an action, if it finds
irregularities, including non-compliance with the provisions of
this Decision or the individual decision or the contract or agree-
ment granting the financial support in question, or if it tran-
spires that, without Commission approval having being sought,
the action has been subjected to a change which conflicts with
the nature or implementing conditions of the project.

If the time limits have not been observed or if only part
4.
of the allocated financial support is justified by the progress
made with implementing an action,
the Commission shall
request the beneficiary to submit observations within a specified
period. If the beneficiary does not give a satisfactory answer, the
Commission may cancel the remaining financial support and
require repayment of sums already paid.

5.
The Commission shall ensure that any undue payment is
repaid to the Commission. Interest shall be added to any sums
not repaid in good time under the conditions laid down by the
Financial Regulation.

Article 15

Evaluation

The Programme shall be monitored regularly in order to

1.
follow the implementation of activities carried out under it.

(b) an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation of
the Programme not later than 31 March 2011;

(c) a Communication on the continuation of the Programme

not later than 30 August 2012; and

(d) an ex post evaluation report not later than 31 December

2014.

Article 16

Publication of projects

Each year, the Commission shall publish the list of projects
financed under the Programme with a short description of each
project.

Article 17

Visibility

The Commission shall lay down guidelines to ensure the visibi-
lity of the financing granted under this Decision.

Article 18

Entry into force

This Decision shall enter
following that of its publication in the Official
European Union.

into force on the twentieth day
Journal of the

It shall apply from 1 January 2007, with the exception of
Article 9(2) and (3) and Article 10(3), which shall apply from
the date when this Decision enters into force.

Done at …

For the European Parliament

The President

…

For the Council

The President

…

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

The Council reached political agreement on the text of the draft Decision establishing for the period
2007-2013 the Specific Programme ‘Drug prevention and information’ as part of
the General
Programme ‘Fundamental Rights and Justice’ at its meeting on 19 and 20 April 2007 (1).

Following the adoption by the European Parliament on 11 July 2007 of the legislative resolution on the
Council common position for adopting a decision of the European Parliament and of the Council
establishing for
[8699/2/2007 —
C6-0179/2007 — 2005/0040(COD)] (2), it was decided to apply the agreement reached between the
Council, the Commission and the EP as regards the committee procedure in the ‘Civil justice’ programme
to the ‘Drug prevention and information’ programme. The draft Council common position was
amended accordingly.

the period 2007-2013 the Specific Programme ‘Civil

Justice’

Following the political agreement and the subsequent agreement reached by the three institutions as
the committee procedure, the Council by unanimity adopted its
regards the outstanding issue of
common position on 23 July 2007.

II. ANALYSIS OF THE COMMON POSITION

The Council common position to a very large extent takes over the position of the European Parliament
adopted at first reading on 14 December 2006 (3). Most of the amendments adopted by the European
Parliament have been incorporated in the common position which therefore meets the wishes of the
European Parliament as expressed by the Parliament and accepted by the Council (4) during the informal
contacts leading up to the adoption of the European Parliament's position at first reading.

The last outstanding amendment which was not acceptable to the Council was the one relating to the
committee procedure. As already explained above, the agreement reached with respect to the Specific
Programme ‘Civil Justice’ has been applied to the ‘Drug prevention and information’ programme. A new
recital (13) was therefore inserted in the text of the common position. In addition to that, the Commis-
sion will make a declaration in which it undertakes to transmit the necessary information relating to the
draft annual work programmes to the European Parliament.

III. CONCLUSION

The Council considers the text of the common position to be a well balanced text and the best
achievable compromise.

(1) Doc. 8099/07 JAI 167 CADREFIN 21 CORDROGUE 23 CODEC 310.
(2) P6_TA-PROV(2007)0330.
(3) Doc. 16586/06 CODEC 1523 JAI 698 CADREFIN 332 CORDROGUE 111.
(4) Doc. 15047/1/06 REV 1 JAI 581 CADREFIN 310 CORDROGUE 99 CODEC 1249.