Decision No 1150/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme Drug prevention and information as part of the General Programme Fundamental Rights and Justice
Date: 2007-09-25
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, drug addiction, public awareness campaign, public health

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DECISION No 1150/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 September 2007
establishing for the period 2007-2013 the Specific Programme ‘Drug prevention and information’ as
part of the General Programme ‘Fundamental Rights and Justice’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

sizeable number of European citizens, the health-related
harm associated with drug dependence constitutes a
major problem for public health.

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 laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

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
attainment of a high level of health protection.

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

(3)

Given that, according to research, the morbidity and the
mortality associated with drug dependence affects a

(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 (not yet
published in the Official
Journal), Council Common Position of
23 July 2007 (not yet published in the Official Journal) and position
of the European Parliament of 6 September 2007 (not yet published
in the Official Journal).

(4)

(5)

(6)

(7)

(8)

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 to 2004) pointed out the need
regularly 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 to 2008) (4) includes the development of
strategies 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
objective the prevention of drug dependence and the
reduction of related risks, and that they develop and
implement comprehensive strategies accordingly.

the Council

In December 2004, the European Council endorsed the
EU Drugs Strategy 2005 to 2012, which covers all
European Union drug-related activities and sets main
targets. These targets include the attainment of a high
social
level of health protection, well-being
cohesion by preventing
use,
reducing
dependence and drug-related harm to health and society.

and
drug

and

The Council adopted the EU Drugs Action Plan (2005 to
2008) (6) as a crucial instrument for transposing the EU
Drugs Strategy 2005 to 2012 into concrete actions. The
ultimate aim of the Action Plan is to reduce significantly
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.

(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.
(6) OJ C 168, 8.7.2005, p. 1.

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(9)

(10)

‘Drug prevention and infor-
The specific programme,
mation’, established under
this Decision (hereinafter
referred to as ‘the Programme’) aims at implementing
targets identified by the EU Drugs Strategy 2005 to
2012 and the EU Drugs Action Plans 2005 to 2008
and 2009 to 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.

for

psychological

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

and communities,

individuals,

families

social

and

(11)

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

(12)

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

(13)

the European Parliament

In accordance with Article 7(3) of Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
exercise of
implementing powers conferred on the
Commission (1),
should be
informed by the Commission of committee proceedings
relating to the implementation of this programme.
In
particular, the European Parliament should receive the
draft annual programme when it is submitted to the
management
the European
In addition,
Parliament
should receive the results of voting and
summary records of the meetings of that Committee.

committee.

(14)

the
Complementarity with the technical expertise of
and Drug
European Monitoring Centre
Addiction (hereinafter referred to as ‘the Centre’) should
be assured by making use of methodology and best

for Drugs

(1) OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision

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

(15)

(16)

(17)

(18)

practices 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
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set out
in Article 5 of
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.

the Treaty.

the
Bearing in mind the importance of visibility of
Community funding,
the Commission should provide
guidance to ensure that any authority, non-governmental
organisation,
international organisation or other entity
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 Inter-
institutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission
on
financial
management (2) for the budgetary authority during the
annual budgetary procedure.

budgetary

discipline

sound

and

implementation

of Council Regulation

Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 on the Financial Regulation applicable to the
general budget of the European Communities (3), (here-
inafter referred to as ‘the Financial Regulation’), and
Commission Regulation (EC, Euratom) No 2342/2002
of 23 December 2002 laying down detailed rules for
(EC,
the
Euratom) No 1605/2002 (4), which safeguard the
Community’s
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.

should be

interests,

financial

(2) OJ C 139, 14.6.2006, p. 1.
(3) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).
(4) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

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the European Communities

(19) Appropriate measures should also be taken to prevent
irregularities and fraud and the necessary steps should
be taken to recover funds lost, wrongly paid or incor-
rectly used in accordance with Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the
protection of
financial
interests (1), Council Regulation (Euratom, EC) No
2185/96 of 11 November 1996 concerning on-the-
spot
the
Commission in order to protect the European Commu-
nities’ financial interests against fraud and other irregula-
rities (2) and Regulation (EC) No 1073/1999 of
the
the Council of 25 May
European Parliament and of
1999 concerning
the
conducted by
European Anti-Fraud Office (OLAF) (3).

carried out by

and inspections

investigations

checks

(20)

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

to be

(21)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
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 implemen-
tation of
this Decision should apply
from 1 January 2007,

the Programme,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment and scope of the Programme

This Decision establishes the Specific Programme ‘Drug
1.
(hereinafter referred to as ‘the
prevention and information’,
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.

Article 2

General objectives

The Programme shall have the following general objectives:

(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)

to prevent and reduce drug use, dependence and drug-
related harm;

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

use; and

(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
information and the identification and
including through

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

the knowledge base,

(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 under-
standing 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 deve-
lopment 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 to 2008
and 2009 to 2012. The European Parliament is involved in
the evaluation process through its participation in the
Commission’s evaluation steering group.

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

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

support

(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

(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 5

Participation

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,
law enforcement and penitentiary authorities,
judicial staff,
trade unions and religious
non-governmental organisations,
communities.

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.

Article 8

Types of intervention

1.

Community financing may take the following legal forms:

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

(a) grants; or

(a)

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

(b) public procurement contracts.

(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.

Article 6

Target groups

The Programme is targeted at all groups that directly or

1.
indirectly deal with the phenomenon of drugs.

2. With regard to drugs, youth, women, vulnerable groups
and people living in socially disadvantaged areas are groups at

Community grants shall be awarded further to calls for
save in duly substantiated exceptional cases as
and shall be

2.
proposals,
provided for
provided through operating grants and grants to actions.

Financial Regulation,

in the

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.

through

expenditure

Furthermore, provision is made for

for
3.
accompanying measures,
procurement
contracts, in which case Community financing shall cover the
inter alia,
purchase of goods and services. This shall cover,
expenditure on information and communication, preparation,
implementation, monitoring,
and evaluation of
projects, policies, programmes and legislation.

checking

public

Article 9

Implementing measures

The Commission shall

1.
the Community
financial support in accordance with the Financial Regulation.

implement

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To implement

the Programme,

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

The first annual work programme shall be adopted by 23
January 2008.

The

annual work programme

adopted in
3.
accordance with the management procedure referred to in
Article 10(3).

shall be

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

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).

4.
The evaluation and award procedures relating to grants to
actions shall take into account, inter alia, the following criteria:

Article 10

Committee

1.

The Commission shall be assisted by a committee.

(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, orga-

nisation, presentation and expected results;

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.

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

priateness in relation to expected results; and

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.

(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 for operating grants as referred to in Article

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

(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.

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

Article 11

Complementarity

Synergies and complementarity shall be sought with other
1.
in particular with the General
instruments,
Community
‘Security and Safeguarding Liberties’,
Programme
the 7th
Research and 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
statistical element of information on drugs.

The

share

Programme may

resources with other
2.
Community instruments, in particular the General Programmes
‘Security
and
Management of Migration Flows’ and the 7th Research and
Development Framework Programme in order to implement
actions meeting the objectives of all the programmes.

Safeguarding

‘Solidarity

Liberties’,

and

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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
information about ongoing applications for financing.

Article 12

Budgetary resources

this
The financial envelope for the implementation of
1.
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 appro-
priations of the general budget of the European Union. The
available annual appropriations shall be authorised by the
budgetary
financial
framework.

authority within the

limits of

the

Article 13

Monitoring

The Commission shall ensure that for any action financed
1.
by the Programme,
technical and
the beneficiary submits
financial 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.

resulting

from the

The Commission shall ensure that

the contracts and
2.
agreements
the
Programme provide in particular for supervision and financial
control by the Commission (or any representative authorised by
it),
including
if necessary by means of on-the-spot checks,
sample checks, and audits by the Court of Auditors.

implementation

of

3.
For a period of five years following the last payment in
respect of any action, the Commission shall require that the
financial
beneficiary of
the
the supporting documents regarding expen-
Commission all
diture on the action.

support keeps

available

for

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

Article 14

Protection of Community financial interests

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
activities, by effective checks and by the recovery of
the
irregularities are detected, by
amounts wrongly paid and,
in accordance
effective, proportional and dissuasive penalties,
(Euratom, EC)
with Regulations (EC, Euratom) No 2988/95,
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
agreement granting the financial support in question, or if it
transpires 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 of
4.
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.

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.

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.

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Article 15

Evaluation

Article 16

Publication of projects

The Programme shall be monitored regularly in order to

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

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

The Commission shall ensure the regular,

2.
external evaluation of the Programme.

independent,

Article 17

Visibility

The Commission shall provide the European Parliament

3.
and the Council with:

(a) an annual presentation on the implementation of

the

Programme;

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

Article 18

Entry into force

This Decision shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

(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;

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.

(c) a Communication on the continuation of the Programme

not later than 30 August 2012; and

Done at Strasbourg, 25 September 2007.

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

2014.

For the European Parliament
The President

For the Council
The President

H.-G. PÖTTERING

M. LOBO ANTUNES