Proposal for a Council Decision on the signature of an Agreement between the Republic of Croatia and the European Union on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction
Date: 2010-02-03
Institutions: European Commission
Subjects: Croatia, European Monitoring Centre for Drugs and Drug Addiction, agreement (EU), co-financing, exchange of information, information network, signature of an agreement

EN 

EN 

   EN 

 
EUROPEAN COMMISSION 

Brussels, 3.2.2010 
COM(2010)20 final 

2010/0010 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature of an Agreement between the Republic of Croatia and the European 
Union on the participation of the Republic of Croatia in the work of the European 
Monitoring Centre for Drugs and Drug Addiction 

EN 

   EN 

 
 
  
EXPLANATORY MEMORANDUM 

•  The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) is open to the 
participation of any third country which shares the interests of the Union and the Member 
States in the objectives and work of the Centre in accordance with Article 21 of Council 
Regulation (EC) No 1920/2006 of the European Parliament and the Council (recast).  

•  The  Republic  of  Croatia  applied  to  participate  in  the  work  of  the  EMCDDA  in  2005. 
Following  the  Council  negotiation  directive  of  11  July  2006,  the  negotiations  with  the 
Republic  of  Croatia  were  successfully  concluded  in  July  2009  with  the  initialling  of  the 
Agreement  The  Agreement  was  subsequently  revised  to  take  into  account  the  entry  into 
force  of  the  Treaty  on  the  functioning  of  the  European  Union  (TFEU)  and  initialled  by 
both parties on 22 December 2009.  

**** 

The content of the draft Agreement can be summarised as follows: 

The Republic of Croatia will take part in the Centre’s work programme and will satisfy the 
obligations of the Regulation (EC) No 1920/2006 of the European Parliament and the Council 
(recast).  The  Republic  of  Croatia  will  be  linked  to  the  European  Information  Network  on 
Drugs and Drug Addiction (REITOX) and will share data with the EMCDDA, subject to the 
data  protection  requirements  of  the  Union  and  national  laws.  The  Republic  of  Croatia  will 
contribute  financially  to  the  Union  to  cover  the  cost  of  its  participation.  The  Republic  of 
Croatia will also participate in the Management Board of the Centre without the right to vote 
until such time as it becomes a member of the European Union. For its part, the EMCDDA 
will  treat  the  Republic  of  Croatia  as  an  existing  Member  State,  through  equal  treatment  in 
terms  of  linkage  to  the  European  Information  Network  on  Drugs  and  Drug  Addiction 
(REITOX) and staffing provisions. 

The  agreement  is  drafted  for  an  unlimited  period  until  the  Republic  of  Croatia  becomes  a 
member of the European Union. 

**** 

•  Article  218  (5)  of  the  Treaty  on  the  Functioning  of  the  European  Union  states  that  the 
Council, on the proposal by the negotiator, shall adopt a decision authorising the signature 
of the agreement and, if necessary, its provisional application before entry into force.  

•  The Council is therefore requested to authorise the Commission to sign, on behalf of the 
European Union, the Agreement between the European Union and the Republic of Croatia 
on  the  participation  of  the  Republic  of  Croatia  in  the  work  of  the  EMCDDA,  and  to 
designate the persons empowered to proceed to the signature.  

EN 

2 

   EN 

2010/0010 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature of an Agreement between the Republic of Croatia and the European 
Union on the participation of the Republic of Croatia in the work of the European 
Monitoring Centre for Drugs and DrugAddiction 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 168 (5) in conjunction with Article 218 (5) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

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)1  provides,  in  Article  21  thereof,  that  the  Centre  shall  be  open  to  the 
participation of any third country that shares the interests of the Union and its Member 
States in the Centre's objectives and work. 

On 11 July 2006 the Council authorised the Commission to open negotiations with the 
Republic of Croatia for an Agreement on the participation of the Republic of Croatia 
in  the  work  of  the  European  Monitoring  Centre  for  Drugs  and  Drug  Addiction.  The 
negotiations were successfully concluded by the initialling of the Agreement.  

(3) 

The Agreement should be signed by the negotiator on behalf of the European Union, 
subject to its conclusions at a later date  

HAS ADOPTED THIS DECISION:  

Article 1 

The  Commission  is  authorised  to  sign,  on  behalf  of  the  European  Union,  the  Agreement 
between the Republic of Croatiaand the European Union on the participation of the Republic 
of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction, and 
to designate the persons empowered to proceed to the signature.  

The text of the Agreement to be signed is attached to this Decision. 

1 

OJ L 376, 27.12.2006, p.1. 

EN 

3 

   EN 

                                                 
Article 2 

The Decision shall enter into force on the day of its adoption.  

Done at Brussels, […] 

For the Council 
[The President]

EN 

4 

   EN 

 
 
ANNEX 

AGREEMENT 

between the Republic of Croatia and the European Union concerning the 
participation of the Republic of Croatia in the work of the European Monitoring 
Centre for Drugs and Drug Addiction 

THE REPUBLIC OF CROATIA, of the one part, and 

THE EUROPEAN UNION ("the Union") of the other part 

Recalling that the Thessaloniki European Council in 2003 aimed to further strengthen 
the  privileged  relations  between  the  European  Union  and  the  Western  Balkans 
drawing on the enlargement experience; 

Considering  the  European  Parliament  and  Council  Regulation  (EC)  No  1920/20062, 
("the Regulation") on the European Monitoring Centre for Drugs and Drug Addiction 
("the Centre"); 

Whereas the Regulation provides in its Article 21 that the Centre shall be open to the 
participation  of  Third  Countries  which  share  the  Union's  interests  and  those  of  its 
Member States in the Centre's objectives and work; 

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

Whereas  the  Republic  of  Croatia  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 the Republic of Croatia an institution suitable to be linked to 
the European Information Network on Drugs and Drug Addiction; 

HAVE AGREED AS FOLLOWS: 

Article 1 

The Republic of Croatia shall participate fully in the work of the Centre on the terms 
set out in this Agreement. 

2 

OJNo L 376, 27.12.2006, p.l. 

EN 

5 

   EN

 
                                                 
Article 2 

European Information Network on Drugs and Drug Addiction (REITOX) 

(1) 

(2) 

The Republic of Croatia shall be linked to the European Information Network 
on Drugs and Drug Addiction (REITOX). 

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

Management Board 

Article 3 

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

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

Budget 

Article 4 

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

Protection and Confidentiality of Data 

Article 5 

(1)  Where on the basis of this Agreement information forwarded by the Centre to 
the  Croatian  authorities  in  accordance  with  Union  and  Croatian  law,  such 
information may be used only for the stated purpose and under the conditions 
prescribed  by  the  forwarding  authority.  Such  information  may  not  contain 
personal data. 

(2) 

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

EN 

6 

   EN

(3) 

(4) 

Designated  specialised  centres  in  the  Republic  of  Croatia  shall  be  under  no 
obligation  to  provide  information  classified  as  confidential·  under  Croatian 
legislation. 

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

Legal Status 

Article 6 

The Agency shall enjoy in the Republic of Croatia the same capacity as accorded to 
legal entities under Croatia's law. 

Liability 

Article 7 

The liability of the Centre shall be governed by the rules laid down in Article 19 of the 
Regulation. 

Privileges 

Article 8 

To enable the Agency and its staff to perform their tasks, the Republic of Croatia shall 
grant  the  privileges  and  immunities  identical  to  those  contained  in  Articles  1  to  4, 
Articles  6  and  7,  Articles  11  to  14,  Articles  16,  Article  18  and  Article  19  of  the 
Protocol of Privileges and Immunities of the European Communities3. 

Staff Regulations 

Article 9 

Under the conditions laid down in Article 12 (2)(a) of the conditions of employment 
of other servants of the European Communities, Croatian nationals enjoying their full 
rights  as  citizens  may  be  engaged  under  contract  by  the  Executive  Director  of  the 
Centre. 

Entry into force 

Article 10 

3 

Protocol  on  the  Privileges  and  Immunities  of  the  European  Communities  to  the  Treaty 
establishing a Single Council and a Single Commission of the European Communities, OJ L 
152, 13.07.1967, p.13. 

EN 

7 

   EN

                                                 
This Agreement shall enter into force on the first day of the second month following 
the date of receipt of the latter diplomatic note confirming that legal requirements of 
the  respective  Contracting  Party  concerning  the  entry  into  force  of  the  Agreement 
have been fulfilled. 

Validity and Termination 

Article 11 

(1) 

(2) 

This Agreement is concluded for an unlimited period of time. It shall terminate 
on the date of the Republic of Croatia's accession to the European Union. 

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

Done at […]on[…] in two originals in the English language. 

For the Republic of Croatia 

For the European Union 

EN 

8 

   EN

ANNEX 

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

(1) 

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

•  during the first year of participation 

€ 100.000 

•  during the second year of participation  € 150.000 

•  during the third year of participation 

€ 210.000 

•  during the fourth year of participation 

€ 271.000 

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

The  Republic  of  Croatia  may  partially  use  Union  assistance  to  pay  the 
contribution to the Centre with a maximum Union 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 Union 
funds  will  be  transferred  to  the  Republic  of  Croatia  by  means  of  a  separate 
financing memorandum. 

The  remaining  part  of  the  contribution  will  be  covered  by  the  Republic  of 
Croatia. 

(2) 

The  contribution  of  the  Republic  of  Croatia  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  the  Republic  of  Croatia  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. 

(3) 

For the first calendar year of its participation the Republic of Croatia 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. 

EN 

9 

   EN