Proposal for a Council Decision on the conclusion 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, ratification of an agreement

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EUROPEAN COMMISSION 

Brussels, 3.2.2010 
COM(2010)21 final 

2010/0011 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion 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

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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  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 (6) (a) (v) of the Treaty on the Functioning of the European Union states that in 
the case of agreements covering fields to which the ordinary legislative procedure applies, 
the Council shall adopt a decision concluding the agreement, after obtaining the consent of 
the European Parliament.  

•  The Commission therefore recommends to the Council, after obtaining the consent of the 
European Parliament, to adopt a decision concluding 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.  

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2010/0011 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

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 (6) (a) (v) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

Regulation (EC) No 1920/2006 of the European Parliament and 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. 

The Agreement  between the  European  Union and the Republic of Croatia on 
the  participation  of  the  Republic  of  Croatia  in  the  work  of  the  European 
Monitoring Centre for Drugs and Drug Addiction was signed on behalf of the 
European Union on (…), subject to its conclusion at a later date. 

(3) 

This Agreement should be concluded. 

HAS ADOPTED THIS DECISION:  

Article 1 

The Agreement between the European Union and the Republic of Croatia concerning 
the  participation  of  the  Republic  of  Croatia  in  the  European  Monitoring  Centre  for 
Drugs  and  Drug  Addiction  is  hereby  concluded.  The  text  of  the  Agreement  to  be 
concluded is attached to this Decision. 

1 

OJ L 376, 27.12.2006, p.1. 

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Article 2 

The  President  of  the  Council  shall  designate  the  person  empowered  to  proceed,  on 
behalf  of  the  European  Union,  to  the  exchange  of  the  instruments  of  approval 
provided  for  in  Article  10  of  the  Agreement,  in  order  to  express  the  consent  of  the 
European Union to be bound by the Agreement.  

Article 3 

This Decision shall enter into force on the day of its adoption. It shall be published in 
the Official Journal of the European Union.  

The date of entry into force of the Agreement shall be published in the Official 
Journal of the European Union. 

Done at Brussels, […] 

For the Council 
[The President] 

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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)  No1920/20062, 
("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. 

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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 

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on the dissemination and confidentiality of information. Personal data may not 
be published or made accessible to the public. 

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. 

(3) 

(4) 

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. 

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. 

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Entry into force 

Article 10 

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

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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) 

(3) 

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. 

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. 

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