Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction
Date: 2007-10-30
Institutions: European Community, Türkiye
Subjects: European Monitoring Centre for Drugs and Drug Addiction, Türkiye, agreement (EU), disclosure of information, drug addiction, exchange of information, information network

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

AGREEMENT

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

THE REPUBLIC OF TURKEY, hereinafter referred to as ‘Turkey’,

of the other part,

hereinafter referred to as ‘the Contracting Parties’,

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

CONSIDERING that the Community, by Council Regulation (EEC) No 302/93 (1) (the Regulation) has established the
European Monitoring Centre for Drugs and Drug Addiction (the Centre),

WHEREAS the Regulation provides in its Article 13 that the Centre shall be open to the participation of those non-
Community countries which share the Community's interests and those of its Member States,

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

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

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

HAVE AGREED AS FOLLOWS:

Article 1

Participation

this Agreement,

force of
including its national monitoring
centre, and name any other specialised centres which could
make a useful contribution to the Centre's work.

Turkey shall participate fully in the work of the European Moni-
toring Centre for Drugs and Drug Addiction (the Centre), on the
terms set out in this Agreement.

Article 2

European Information Network on Drugs and Drug
Addiction

Turkey shall be linked to the European Information

1.
Network on Drugs and Drug Addiction (REITOX).

2.
Turkey shall notify the Centre of the main elements of its
national information network within 28 days of the entry into

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

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

Article 3

Management Board

The Management Board of the Centre shall invite a represen-
tative of Turkey to participate in its meetings. The representative
to vote. The
shall participate
Management Board may convoke exceptionally a meeting
restricted to representatives of Member States and of
the
European Commission on issues of interest particular to the
Community and its Member States.

fully without

right

the

The Management Board,
Turkey, will
the participation of Turkey in the work of the Centre.

in session with representatives of
lay down the detailed arrangements concerning

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Article 4

Budget

Article 8

Privileges and immunities

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

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

Article 5

Protection and confidentiality of data

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

to the Turkish authorities

Data on drugs and drug addiction provided to the Turkish
2.
authorities by the Centre may be published subject
to
compliance with Community and Turkish rules on the dissemi-
nation and confidentiality of information. Personal data may
not be published or made accessible to the public.

3.
Designated specialised centres in Turkey shall be under no
obligation to provide information classified as confidential
under Turkish legislation.

4.
In relation to data supplied by the Turkish authorities to
the Centre, the latter will be bound by the rules laid down in
Article 6 of the Regulation.

Article 9

Staff Regulations

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

Article 10

Entry into force

The Contracting Parties
accordance with their own procedures.

shall approve this Agreement

in

This Agreement shall enter into force on the first day of the
month following the date on which the Contracting Parties
notify each other that the procedures referred to in the first
subparagraph have been completed.

Article 6

Legal status

Article 11

Validity and termination

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

This Agreement is concluded for an unlimited period. It

1.
shall expire on Turkey's accession to the European Union.

Article 7

Liability

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

2.
Either Contracting Party may denounce this Agreement by
a written notification to the other Contracting Party. The
Agreement shall cease to be in force six months after the
date of such notification.

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Съставено в Брюксел на тридесети октомври две хиляди и седма година.

Hecho en Bruselas, el treinta de octubre de dos mil siete.

V Bruselu dne třicátého října dva tisíce sedm.

Udfærdiget i Bruxelles, den tredivte oktober to tusind og syv.

Geschehen zu Brüssel am dreißigsten Oktober zweitausendsieben.

Kahe tuhande seitsmenda aasta oktoobrikuu kolmekümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις τριάντα Οκτωβρίου δύο χιλιάδες επτά.

Done at Brussels on the thiertieth day of October in the year two thousand and seven.

Fait à Bruxelles, le trente octobre deux mille sept.

Fatto a Bruxelles, addì trenta ottobre duemilasette.

Briselē, divtūkstoš septītā gada trīsdesmitajā oktobrī.

Priimta du tūkstančiai septintųjų metų spalio trisdešimtą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-hetedik év október harmincadik napján.

Magħmul fi Brussell, fit-tletin-il jum ta' Ottubru tas-sena elfejn u sebgħa.

Gedaan te Brussel, de dertigste oktober tweeduizend zeven.

Sporządzono w Brukseli, dnia trzydziestego października roku dwa tysiące siódmego.

Feito em Bruxelas, em trinta de Outubro de dois mil e sete.

Încħeiat la Bruxelles, treizeci octombrie două mii șapte.

V Bruseli dna tridsiateho októbra dvetisícsedem.

V Bruslju, dne tridesetega oktobra leta dva tisoč sedem.

Tehty Brysselissä kolmantenakymmenentenä päivänä lokakuuta vuonna kaksituhattaseitsemän.

Som skedde i Bryssel den trettionde oktober tjugohundrasju.

Brüksel'de, otuz Ekim ikibinyedi gününde yapilmiștir.

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За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Avrupa Topluluğu adina

За Република Турция
Por la Republica de Turquia
Za Tureckou republiku
For Republikken Tyrkiet
Für die Republik Türkei
Türgi Vabariigi nimel
Για την Τουρκική Δημοκρατία
For the Republic of Turkey
Pour la République de Turquie
Per la Repubblica di Turchia
Turcijas Republikas vārdā
Turkijos Respublikos vardu
A Torök Köztársaság részéről
Għar-Repubblika tat-Turkija
Voor de Republiek Turkije
W imieniu Republiki Turcji
Pela República da Turquia
Pentru Republica Turcia
Za Tureckú republiku
Za Republiko Turčijo
Turkin tasavallan puolesta
För Republiken Turkiet
Türkiye Cumhuriyeti adina

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ANNEX I

FINANCIAL CONTRIBUTION OF TURKEY TO THE EUROPEAN MONITORING CENTRE FOR DRUGS AND
DRUG ADDICTION

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

— during the first year of participation

— during the second year of participation

— during the third year of participation

— during the fourth year of participation

EUR 100 000

EUR 150 000

EUR 210 000

EUR 271 000

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

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

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

budget of the European Union.

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

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

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ANNEX II

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES

THE HIGH CONTRACTING PARTIES,

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

HAVE AGREED upon the following provisions, which shall be annexed to this Treaty:

PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN COMMUNITIES

Article 1

CHAPTER I

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

The archives of the Communities shall be inviolable.

Article 2

Article 3

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

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

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

Article 4

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

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

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

Article 5

CHAPTER II

COMMUNICATIONS AND LAISSEZ-PASSER

Article 6

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

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

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Laissez-passer in a form to be prescribed by the Council, which shall be recognised as valid travel documents by the
1.
authorities of the Member States, may be issued to members and servants of the institutions of the Communities by the
Presidents of these institutions. These laissez-passer shall be issued to officials and other servants under conditions laid
down in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the Communities.

Article 7

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

2.
The provisions of Article 6 of the Protocol on the privileges and immunities of the European Coal and Steel
Community shall, however, remain applicable to members and servants of the institutions who are at the date of entry
into force of this Treaty in possession of the laissez-passer provided for in that Article, until the provisions of paragraph 1
of this Article are applied.

CHAPTER III

MEMBERS OF THE EUROPEAN PARLIAMENT

Article 8

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

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

(a) by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary

official missions;

(b) by the Government of other Member States, the same facilities as those accorded to representatives of foreign

governments on temporary official missions.

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

Article 9

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

Article 10

(a)

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

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

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

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

CHAPTER IV

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

Article 11

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

This Article shall also apply to members of the advisory bodies of the Communities.

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CHAPTER V

OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

Article 12

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

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

(b) together with their spouses and dependent members of their families, not be subject to immigration restrictions or to

formalities for the registration of aliens;

(c)

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

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

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

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

Article 13

They shall be exempt from national taxes on salaries, wages and emoluments paid by the Communities.

Article 14

In the application of income tax, wealth tax and death duties and in the application of conventions on the avoidance of
double taxation concluded between Member States of the Communities, officials and other servants of the Communities
who, solely by reason of the performance of their duties in the service of the Communities, establish their residence in the
territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the
Communities, shall be considered, both in the country of their actual residence and in the country of domicile for tax
purposes, as having maintained their domicile in the latter country provided that it is a member of the Communities. This
provision shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful occupation, and
to children dependent on and in the care of the persons referred to in this Article.

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

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

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

Article 15

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The Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned,
determine the categories of officials and other servants of the Communities to whom the provisions of Article 12, the
second paragraph of Article 13, and Article 14 shall apply, in whole or in part.

Article 16

The names, grades and addresses of officials and other servants included in such categories shall be communicated
periodically to the Governments of the Member States.

CHAPTER VI

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

Article 17

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

CHAPTER VII

GENERAL PROVISIONS

Article 18

Privileges, immunities and facilities shall be accorded to officials and other servants of the Communities solely in the
interests of the Communities.

Each institution of the Communities shall be required to waive the immunity accorded to an official or other servant
wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Communities.

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

Article 19

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

Article 20

Article 21

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

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

Article 22

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

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Article 23

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

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

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

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