Source: EURLEX
Language: en
Format: md

### `COMMISSION OF THE EUROPEAN COMMUNITIES`

```
                          C0M(91) 463 final

                           Brussels, 27 January 1992

                Proposal for a

             COUNCIL REGULATION (EEC)

 on the establishment of a European Drugs Monitoring Centre and a

         European Information Network on Drugs

            and Drug Addiction (REITOX)

            (presented by the Commission)

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                    _ 2 
               EXPLANATORY MEMORANDUM

  The idea of setting up a European Drugs Monitoring Centre dates

  back to the letter sent on 3 October 1989 by President Mitterrand

  to the Heads of State and Government of the Member States of the

  Community and to the President of the Commission, in which the

  French President proposed a seven-point programme for a future

  European plan to combat drugs. The first of these points was the:

  "Implementation of a common diagnostic approach to drug addiction

   in Europe and the setting up in due course of a monitoring centre".

  The European Committee to Combat Drugs (CELAD), composed of

  representatives of the twelve Member States of the Community and

  the Commission, was set up on 1 December 1989 and undertook work

  which was to lead to the adoption of a European plan to combat

  drugs. The objective of this plan was overall and consistent

  action (covering the reduction of drug demand, anti-trafficking

  measures and international action), at European level, with each

  member of the CELAD (the Member States themselves individually and

  collectively, and the Commission representing the Community as

  such) being called upon, in full respect of their specific areas of

  competence, to step up coordination and cooperation with the other

  Member States and with the Community, and to participate if

  necessary in any joint or Community action deemed appropriate.

   In April 1990, the CELAD's French delegation set out in detail its

  observations on the setting up of a European Drugs Monitoring

  Centre^ [1] ). It stressed in particular the need "not to replace

  what already existed, but, as certain partners had undertaken

  nationally, to pinpoint sources, to collect existing information,

  to refine such information and supplement it whenever necessary and

  to study ways of making it compatible and comparable within a

  European perspective".

(1) Doc. CELAD 37 of 23 April 1990

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4. In May 1990, the CELAD adopted and forwarded to the European

   Council its "Guidelines for a European plan on drugs"^ [2] ). In the

   chapter entitled "Preparatory work" of this draft European plan on

   drugs, the CELAD recommended "that a study be conducted by experts

   on the existing sources of information, their reliability and their

   usefulness, and on the need and possible scope of a European Drugs

   Monitoring Centre and the financial implications of setting up such

   a centre, on the understanding that the brief of this centre would

   cover not only the social and health aspects, but also other drugs
   related aspects, including trafficking and repression.

5. The Dublin European Council (25-26 June 1990) adopted the

   conclusions of the CELAD report and ratified its recommendation

   concerning the monitoring centre. Meeting in Rome on 19-20 July

   1990, the CELAD unanimously decided to ask the Commission to

   conduct a feasibility study on the European Drugs Monitoring Centre

   with the assistance of independent experts. The Commission

   accepted the task and immediately embarked upon the study. A

   preliminary report (Phase 1) was drawn up by the Commission and

   subsequently finalised with the representatives of the Member

   States at a seminar organised by the Commission in conjunction with

   the Spanish government and held in Barcelona on 29-31 October 1990.

6. This preliminary report defined and analysed the added value of a

   European Drugs Monitoring Centre and identified five thematic

   fields to be covered by such a centre (drug production; legislation

   and strategy to combat drug consumption; trafficking and economic

   and financial implications; medico-social aspects and reduction of

   demand; action on the drugs problem and international cooperation).

   It also itemised the types of missions which such a centre could

   fulfil, the three levels of information which it might have to deal

  with, the conditions of its feasibility, and the national and

   international partners with which it would have to cooperate. It

   also described the approach for working out possible institutional

  options and assess the resources necessary for its establishment,

   taking due account of the need:

(2) Doc. CELAD 63 of 31 May 1990.

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                    _ 4 
     to achieve an overall approach to the drugs problem,

     to avoid duplication of effort while systematically exploiting

     existing sources of information, whether national or

     international, governmental or non-governmental,

     to ensure a continuous and stable working method,

     to solve any problems of competence likely to be thrown up by

     the abovementioned objectives.

  This preliminary report by the Commission (Feasibility study, Phase

   I)(3) w a s ratified by the CELAD at its meeting in Rome on 20
  21 November 1990. The Commission was asked to carry out under the

  Luxembourg presidency (January-June 1991) Phase 2 of the study,

  paying particular attention to the technical, institutional and

  financial feasibility of setting up a European Drugs Monitoring

  Centre, and analysing in depth the potential added value for the

  Member States and the Community of such a Centre.

  The Rome European Council (13-14 December 1990) confirmed the

  CELAD's request to the Commission in two ways:

     firstly, by approving the European plan to combat drugs^ [4] )

     which, in a chapter given over specifically to the proposed

     Monitoring Centre, stated:

     "The CELAD notes with satisfaction the submission by the

     Commission of a preliminary feasibility study on the European

     Drugs Monitoring Centre. It reiterates its interest in the

     possibility of setting up such a Centre and invites the

     Commission to continue its study, paying particular attention

     to the institutional choices to be made and the identification

     of the means required to put it in place.

     The CELAD stresses that various options for a Monitoring Centre

     will need to be proposed which take account of existing sources

     in the individual States and in other international

     organisât ions.

(3) Doc. CELAD 123 of 14 November 1990

(4) Doc. CELAD 126 of 22 November 1990

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The CELAD repeats that, in accordance with the progress report ratified

by the European Council in Dublin, the Centre would address not only

the social and health aspects» but also other drug-related aspects,

including trafficking and suppression. It notes with satisfaction that

the Commission's preliminary study confirms the appropriateness of this

approach";

     secondly, in the conclusions of the Rome meeting in which it

     pointed out that it was seeking:

     "a quick decision on the principle of a European Drugs

     Moni tor ing Centre".

9. Phase II of the feasibility study was carried out by the Commission

   on the basis of these guidelines between January and May 1991. The

   method followed was mainly a study visit by the Commission's

   working team to the twelve Member States and to the main

   international organisations concerned UNIDCP (UN International Drug

   Control Programme), WHO, the Pompidou Group of the Council of

   Europe). On the basis of the findings of Phase I, this method

   yielded a hierarchy of priorities for action expressed by the

   Member States and offered a fairly accurate view of the resources

   and gaps in information on drugs in each Member State or

   international institution, and made it possible to consult non
   governmental organisations concerned and to design a consensus
   based model for the European Drugs Monitoring Centre. This Centre

   is seen as an interactive forum for the pooling and comparison, for

   the Twelve and the Community, of what exists in terms of

   information on drugs, for seeking out and eliminating existing or

   potential duplications of effort. The acknowledgement of the

   worthwhile nature and need for such a centre was thus confirmed by

   all the Member States and by the international organisations

   consulted.

10. In particular, Phase II of the feasibility study^ [5] ) brings out the

   fol lowing points:

  a) The order of importance for the fields of action of the future

     centre is as fol lows:

(5) Doc. CELAD 47 of 22 May 1991.

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                   - 6 
   Pr ior ity 1 : reduction of the demand for drugs (with special

   emphasis on epidemiology, prevention, treatment,

   rehabi I i tat ion) ;

   Priority 2: national and Community strategies and policies

   (with special emphasis on policies, action plans, legislation,

   activities and international, bilateral and Community

   agreements);

   Pr ior i ty 3: international cooperation and geopolitics of supply

   (with special emphasis on cooperation programmes, information

   on producer and transit countries);

   Pr ior i ty 4: drug trafficking (with particular emphasis on

   figures on seizures, information on precursor substances);

```

_**Pr**_ **`ior`** **`i`** **`ty 5: the drugs economy (with special emphasis on small`**

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   and medium-scale drug trafficking, laundering of drug money).

b) In the absence of national monitoring centres in most Member

   States, there is a need to set up a network of existing

   institutions and centres of information and documentation on

   drugs, whether national or international, governmental or non
   governmental; modern techniques are compatible with the

   establishment of an open and accessible network despite the

   heterogeneous nature of criteria, methods, results and

   functions which characterise these institutions; the Council of

   Health Ministers, in its Resolution of 16 May 1989, also urged

   the Commission to submit to it any proposals on the

   establishment of a European network of health information on

   drug addict ion;

c) if the European Drugs Monitoring Centre - provided it is set

   up, that is - is to produce genuine added value, it has to have

   a secure and stable institutional and financial basis to enable

   it to undertake continuous and long-term work in an overall and

   transversal perspective of the drugs problem and according to

   the action priorities mentioned under a) above;

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d) the study sees three institutional options (Option 1 being to

   have the Observatory as a Commission department; Option 2

   having it as an entity under Community law; and Option 3 having

   it as an independent entity under national law. Of these, the

   "entity under Community iaw" option caters well for the

   constraints enumerated above and for the need to achieve

   transversa I ity in the Centre's work without falling foul of

   boundaries of competence; in actual fact, Community competence,

   which is comparatively restricted at present as regards the

   drugs question, would not warrant the creation of a European

   monitoring centre as defined in Option 1; on the other hand, an

   independent entity under national law would not be able to take

   over Community areas of competence or even those of the Member

   States and could not therefore provide the exhaustive

   information which is essential for taking political decisions

   on drugs issues both at Member States level and at the

   Community level as such; Option I would, moreover, permit

   direct involvement (financial participation and/or secondment

   of national officials) of the Member States and the Commission

   in the running of the Centre;

e) the Centre should make ample provision for cooperation with

   other organisations and bodies such as the UNIDCP (UN

   International Drug Control Programme), the WHO and the CCC

   (Customs Cooperation Council), the CELAD who took the

   initiative, the Europe Drug Intelligence Unit, EUROPOL, and the

   Council of Europe's Pompidou Group, in order to avoid

   duplication of effort and to get its own priorities in order

  with reference to the work carried out by these bodies, while

   fully respecting the relevant areas of competence;

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                    - 8 
   f) the Centre should also, in accordance with a procedure to be

     determined on a case-by-case basis, be open and accessible to

     the participation of non-Community countries which share an

     interest in the subject and problems to be solved, particularly

     neighbouring EFTA countries, central and east European

     countries, Mediterranean countries and Middle Eastern

     countr ies.

11. On the basis of Phase II of the feasibility study carried out

   throughout by the Commission in close conjunction with the Member

  States, the Luxembourg European Council of 28-29 June 1991,

   following up a CELAD recommendation, decided as follows:

   "It approves the setting up of a European Drugs Monitoring Centre,

  on the understanding that the practical arrangements concerning

  size, institutional structure and informatics organisation, still

  have to be discussed.

  The European Council mandates the CELAD to pursue and rapidly

  complete the necessary work in conjunction with the Commission and

  the other competent political authorities".

12. The CELAD then carried out a preliminary examination of the

   institutional options at its meeting of 18 July 1991 during which a

  fourth institutional option, viz. that of an "intergovernmental

  entity" was suggested by one Member State, although no final choice

  could be made at that stage of the proceedings.

  At its meeting of 26-27 September 1991, the CELAD again held an in
  depth discussion of the different options proposed. Despite a

  certain number of differences of appreciation by certain Member

  States on the areas of responsibility for the proposed monitoring

  centre and on the range of its tasks, the CELAD came to an

  unanimous conclusion on its work on 27 September, this being as

  fol lows:

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                       9 
   "The CELAD, having regard to the European Plan to Combat Drugs and

   to the decisions of the European Council, calls upon the Commission

   to draw up for the Council a proposal for the setting up of a

   European Drugs Monitoring Centre based on Option No 2^ [6] ^ as

   mentioned in the feasibility study, taking due account of the

   reservations expressed as regards the questions of competence and

   their relationship with the Monitoring Centre's field of activity".

13. The Commission, in accordance with the guidelines and requests,

   mentioned above, from the European Council and the CELAD, is

   therefore urged to submit to the Council's approval and the opinion

   of the European Parliament and the Economic and Social Committee,

   the draft Council regulation set out below. This draft, based on

   the option "entity under Community law", as described by the

   Commission in its feasibility study and accepted in principle by

   the CELAD on 26-27 September 1991, takes due account of the

   reservations concerning "the questions of competence and their

   relationship with the Centre's field of activity", expressed

   particularly by two Member States within the CELAD, particularly:

     by giving first priority, in order of importance, in the

     Centre's field of priority activities, to the reduction of

     demand for drugs, while maintaining the required degree of

     transversality and transdicipl inarity in its work;

     by making express provision for the gradual implementation of

     the five working priorities identified in the Commission's

     feasibility study and accepted by the Member States;

     by establishing the principle of the unanimous vote on

     decisions taken by the Centre's Management Board concerning the

     non-Community accepts of the Centre's working priority No 4

     (drug traff ick ing);

     by making provision, after an initial three-year period, for a

     review or an extension of the Centre's tasks.

(6) "Entity under Community law".

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                    - 10 
                 Proposal for a

              COUNCIL REGULATION (EEC)

  on the establishment of a European Drugs Monitoring Centre and a

           European Information Network on Drugs

              and Drug Addiction (REITOX)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic

Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission^ [1] ),

Having regard to the opinion of the European Par I iament^ [2] ),

Having regard to the opinion of the Economic and Social Committee^ [3] ),

Whereas the European Committee to Combat Drugs (hereinafter referred to

as "the CELAD") recommended in its "Guidelines for a European Plan to

Combat Drugs" of 31 May 1990 "that a study be conducted by experts on

the existing sources of information, their reliability and their

usefulness, and on the need and possible scope of a European Drugs

Monitoring Centre and the financial implications of setting up such a

centre, on the understanding that the brief of this centre would cover

not only the social and health aspects, but also other drugs-related

aspects, including trafficking and repression";

Whereas the European Council in Dublin (25-26 June 1990) ratified the

guidelines submitted to it by the CELAD;

Whereas the CELAD unanimously decided at its meeting in Rome on

19-20 July 1990, to ask the Commission to conduct a feasibility study

on such a European Drugs Monitoring Centre;

(1) OJ No

(2) OJ No

(3) OJ No

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                     - 11

Whereas the Commission carried out a preliminary feasibility study on

the European Drugs Monitoring Centre from July to October 1990, and

this study was ratified by the CELAD at its Rome meeting of

20-21 November 1990;

Whereas the European Council, at its meeting in Rome on 13-14 December

1990, approved the CELAD's Europe Plan to Combat Drugs in which it

called upon "the Commission to continue its study, paying particular

attention to the institutional choices to be made and the

identification of the means required to put it in place";

Whereas the Commission carried out its feasibility study (Phase II)

between January and May 1991 in close cooperation with the Member

States individually and with the international organisations concerned

and the CELAD;

Whereas the European Council, at its meeting in Luxembourg (28-29 June

1991), upon the recommendation of the CELAD, "approved the principle of

the establishment of a European Drugs Monitoring Centre and urged that

it be set up rapidly";

Whereas the CELAD, at its meeting in The Hague on 26-27 September 1991,

unanimously called upon the Commission to prepare for the Council a

proposal for the setting up of a European Drugs Monitoring Centre as an

entity under Community law;

Whereas collection, processing and analysis of information on drugs at

the European level are necessary to provide objective, reliable and

comparable information which will enable the Community and the Member

States to take the requisite measures to fight against consumption,

production and trafficking of drugs, to assess the results of such

measures, and to secure accurate information for the decision-makers

and the public on this issue-,

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                     - 12 
Whereas against this background it is essential for the Centre to

contribute to the formulation of a global approach in relation to the

problem of drugs and drug addiction, and that it must consequently work

with multi-, inter- and trans-disciplinary methods in order to

forestall the dispersal of existing information;

Whereas information on the social and health aspects must be given top

priority in the Centre's work, without prejudice to the other priority

fields (including trafficking and repression);

Whereas these priority fields of work could be phased in gradually;

Whereas the Monitoring Centre should, through work carried out in a

single and consistent framework, make a useful contribution and provide

added weight to decision-making at the political level and to the

action taken on drugs by the Member States and the Community, and

whereas this contribution can help fulfil the objectives of the

Commun i t y ;

Whereas there are already in the Community and the Member States bodies

which supply information and services of this kind, and with which the

Centre should cooperate;

Whereas a European information network on drugs and drug addiction

should be set up on the basis of existing sources of information, to be

coordinated and led at Community level by the Monitoring Centre;

Whereas, in its Resolution of 16 May 1989, the Council and the

Ministers of Health of the Member States meeting within the Council,

called upon the Commission to put forward proposals on a European

network of health information on drug addiction;

```

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                     - 13 
Whereas the organisation, structure and status of such a centre should

correspond to the objective nature of the results sought, i.e.

comparability and compatibility of sources and methodologies concerning

information on drugs;

Whereas it is essential for the Centre to be able to pursue its work in

close conjunction with national, European and international

organisations and bodies;

Whereas the Centre should be granted legal autonomy, while maintaining

close links with the Community institutions and the Member States,

which may, when necessary, second staff to the Centre;

Whereas provision should be made for the Centre to be open to other

countries which share the concern of the Community and the Member

States for the objectives of the Centre, particularly neighbouring EFTA

countries, Central and East European countries, Mediterranean countries

and Middle Eastern countries, under agreements to be concluded between

them and the Community;

Whereas this Regulation should be reviewed after three years with a

view to deciding on any new tasks for the Centre;

Whereas the Treaty makes no provision, for the adoption of this

Regulation, for other powers except those set out in Article 235,

HAS ADOPTED THIS REGULATION:

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                   14

                    Article 1

                    Object ives

1. This Regulation establishes the European Drugs Monitoring Centre,

   hereinafter referred to as "the Centre", and a European network of

   information on and monitoring of the demand for, supply of and

   traffic in drugs. The seat of the Centre shall be established

   at

2. The Centre's objective is to provide the Community and its Member

   States with objective, reliable and comparable information at

   European level to enable them to take the necessary national and

   Community steps to reduce the consumption, production and

   trafficking of drugs, in accordance with international conventions

   in this field and with the objectives set in the European Plan to

   Combat Drugs adopted by the European Council.

3. The Centre shall pursue its work in the field of collection,

   processing, comparison and dissemination of information on drugs

   (including information based on research results) from existing

   Community, government and non-government sources and others to be

   established, in the Member States and in the international

   organisations competent in this field.

4. The information processed or produced by the Centre is in the first

   instance intended to facilitate and rationalise political decisions

   and action on drugs, both at Member State level individually and at

   Community level. This information is thus, per se. not operational

   and in particular excludes all references and information

   concerning natural persons.

```

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                   15

                    Art icle 2

                     Tasks

In order to achieve the objectives set in Article 1, the Centre shall:

1. facilitate and structure the exchange of information, in terms of

   both quality and quantity (data bases), on drugs;

2. ensure wide dissemination of work done in each Member State and by

   the Community itself, and, where appropriate, by certain non
   Community countries or relevant international organisations;

3. contribute to improving coordination between national and Community

   action in its areas of activity;

4. set up and make available open scientific documentation resources;

5. provide an organisational and technical system capable of supplying

   information on similar or complementary programmes or action

   pursued by the Member States in the field of drugs and drug

   addiction; facilitate exchanges and cooperation between decision

   makers, researchers, information specialists and the protagonists

   concerned by the drugs problem;

6. establish, in cooperation with the competent authorities in the

   Member States, and coordinate, the network referred to in

   Art icle 4;

7. make available to the Community and the Member States the objective

   information needed to formulate and implement judicious and

   effective anti-drug policies;

8. collect, register and analyse information on the state of

   consumption, production and trafficking of drugs in the fields of

   activity described in Article 3;

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                  16 
9. organise meetings of experts and set up whenever necessary ad hoc

   working parties to assist it in its work;

10. help ensure the comparability of information on drugs at European

   level, defining indicators and common criteria to be applied to

   this information, and, if necessary, foster by appropriate means

   better harmonisation of measurement methods;

11. promote the incorporation of information on drugs at European level

   into international monitoring programmes, particularly those

   established by the United Nations and its specialised agencies;

12. ensure broad dissemination of reliable non-confidential information

  on drugs, and publish a yearly report on the state of consumption,

  production and trafficking of drugs in the Community;

13. stimulate the development and use of advanced communication and

   forecasting techniques with regard to trends and patterns of

  consumption, production and trafficking associated with the drugs

  problem;

14. cooperate actively with the countries, bodies and programmes

  referred to in Articles 11 and 12.

                   Article 3

              Priority areas of activity

1. The Centre's objectives and tasks, as defined in Articles 1 and 2,

  shall cover all the aspects of the problem of drugs and drug

  addict ion.

  Priority shall, however, be given in descending order of importance

  to the following fields of activity:

```

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                     - 17 
     Pr ior i ty 1 : reduction of the demand for drugs (with special

     emphasis on epidemiology, prevention, treatment,

     rehabi I i tat ion) ;

     Priority 2: national and Community strategies and policies

     (with special emphasis on international, bilateral and

     Community policies, action plans, legislation, activities and

     agreements) ;

     Pr ior ity 3: international cooperation and geopolitics of supply

     (with special emphasis on cooperation programmes, information

     on producer and transit countries);

     Priority 4: drug trafficking (with particular emphasis on

     figures on seizures, information on precursor substances);

     Pr ior i ty 5: the drugs economy (with special emphasis on small

     and medium-scale drug trafficking, laundering of drug money).

2. The Centre's priority areas of work can be phased in gradually in

   the light of the objectives set in the Centre's multi-annual and

   annual work programmes referred to in Articles 7 and 8, and in the

   light of the resources available.

3. In its areas of activity, the Centre shall not itself carry out

   research or training programmes, with the exception of preparatory

   studies, feasibility studies and pilot initiatives needed to

   prepare and implement its own work. The Centre shall by its work

   promote the dissemination of experience and knowledge available in

   the Member States and from the international organisations

   competent in this field.

4. In pursuing its activities, the Centre shall seek to provide added

  weight to the activities already carried out by other institutions

   and agencies.

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                    - 18

                   Article 4

          European Information Network on Drugs

             and Drug Addiction (REITOX)

1. The European Information Network on Drugs and Drug Addiction

   (REITOX), shall be the Centre's infrastructure for collecting and

  exchanging information and documentation. It shall comprise:

     the main elements of the national information networks;

     the national focal points or monitoring centres;

     national and international centres which lead the field in this

     context.

2. In order to permit the establishment of the network as rapidly and

  efficiently as possible, the Member States shall, within six months

  of entry into force of this Regulation, inform the Centre of the

  main elements of their national information networks on drugs,

  particularly in the priority areas referred to in Article 3(1),

   including any institution which in their Judgement could make a

  useful contribution to the Centre's work.

3. The Member States may in particular designate from among the

   institutions referred to in paragraph 2 or other organisations

  established on their territory, a "national focal point" or

  "monitoring centre" for coordinating and/or forwarding information

  to the Centre and to the institutions and bodies which form part of

  the network, including the centres which lead the field, as

  referred to in paragraph 4.

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                 - 19 
4. The Member States may also, within the period laid down in

```

**`paragraph`** _**2,**_ **`designate institutions or other agencies, governmental`**

```
   or otherwise, established in their territory, which could be given

   the specific task of cooperating with the Centre on certain topics

   or themes of particular relevance to its activities. An agency

   thus designated should be in a position to establish appropriate

   links with the Centre to fulfil a leading role within the network.

   These centres shall cooperate and be linked with one another within

   the REITOX network. The centres fulfilling a leading role shall be

   designated by a unanimous decision of the members of the management

   board referred to in Article 7(2), for a period not exceeding the

   duration of each multi-annual work programme as referred to in

   Article 7(3). This designation shall be renewable.

5. The allocation of specific tasks to the leader centres shall appear

   in the Centre's multi-annual programme mentioned in Article 7(3).

6. In the light in particular of the multi-annual work programme, the

   Centre shall periodically re-examine the list of the component

   elements of the network and shall make such changes as may be

   decided on by the management board, taking account of any new

   designations made by the Member States.

7. The Centre may enter into contractual relations with the

   institutions or bodies referred to in paragraph 4 and which are

   part of the REITOX network, in order to fulfil any tasks which it

   may entrust to them. With regard to the national institutions or

   agencies established on its territory, a Member State may make

   provision for such arrangements with the Centre to be agreed with

   the national focal point or monitoring centre.

```

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                     20 
                   Article 5

            Confidentiality of information

Information on drugs and drug addiction provided to or by the Centre

may be published and shall be made accessible to the general public,

subject to compliance with the Community and national rules on the

dissemination and confidentiality of information.

                   Article 6

                  Legal status

The Centre shall have legal personality. It shall enjoy, in all the

Member States, the most extensive legal status granted to legal persons

under their laws; in particular, it may purchase or dispose of movable

and immovable property and may institute legal proceedings.

                   Article 7

                 Management board

1. The Centre shall have a management board consisting of one

  representative from each Member State, two representatives from the

  Commission and two persons designated by the European Parliament

  who are particularly qualified in the field of drugs.

  Each member of the management board may be assisted or represented

  by an alternate member. In the absence of the full member, the

  alternate member may exercise his right of vote. The management

  board may call in as non-voting observers, representatives of

  international organisations with which the Centre cooperates, as

  provided for in Article 11(1).

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                  21

2. The management board shall be chaired by one of the Commission

   representatives. The Chairman shall not take part in the voting.

   Each member of the management board shall have one vote.

   The decisions of the management board shall be taken by a two
   thirds majority of its members, except in the case referred to in

   Article 4(4) and in the case of non-Community elements covered by

   priority 4 mentioned in Article 3(1) in respect of which a

   unanimous decision by the members is required. The management

   board shall draw up its own rules of procedure. The management

   board shall hold its meetings in Brussels until the Centre is

   installed at i ts seat.

3. The management board shall adopt a multi-annual work programme

   based on the priority areas set out in Article 3(1), using as its

   basis a draft submitted by the Centre's director, referred to in

   Article 8, after consulting the Scientific Committee referred to in

   Article 9, and after receiving the opinion of the Commission and of

   the CELAD. The first multi-annual programme shall be adopted

   within nine months of the entry into force of this Regulation.

4. Under the multi-annual programme of work, the management board

   shall each year adopt the Centre's annual work programme on the

   basis of a draft submitted by the director, after consulting the

   Scientific Committee and receiving the Commission's opinion. The

   programme may be adjusted in the course of the year in accordance

   with the same procedure.

5. By 31 January each year at the latest, the management board shall

   adopt an annual general report on the activities of the Centre.

   The director shall forward this report to the European Parliament,

   the Council, the Commission and the Member States.

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                     22 
                   Article 8

                   Director

1. The Centre shall be headed by a director appointed by the

  management board on a proposal from the Commission, for a period of

   five years which shall be renewable. The director shall be

   responsible for:

     preparing and implementing the decisions and programmes adopted

     by the Centre's management board,

     day-to-day administration,

     preparing the Centre's work programmes,

     the preparation of a statement of revenue and expenditure and

     on the implementation of the budget,

     the preparation and publication of the reports provided for in

     this Régulât ion,

     all staff matters,

     performance of the tasks referred to in Articles 2 and 3.

2. The director shall be accountable for his activities to the

  management board and shall attend its meetings.

3. The director shall be the Centre's legal representative.

```

```
                     - 23 
                    Article 9

                Scientific Committee

1. The management board and the director shall be assisted by a

   Scientific Committee which shall deliver an opinion where provided

   for in this Regulation on any scientific matter concerning the

   Centre's activities which the management board or the director may

   submit to it. The opinions of the Scientific Committee shall be

   pub Iished.

2. The Scientific Committee shall be made up of 15-25 experts

   particularly qualified in the field of drugs, especially in the

   priority fields of activity referred to in Article 3(1); these

   experts shall be appointed by the management board on the basis of

   proposals from the Member States, the Commission, international

   organisations and European bodies associated in the Centre's work,

   as provided for in Article 11(1).

3. Members shall serve on the Scientific Committee for a three-year

   period which shall be renewable.

4. The Scientific Committee shall elect its chairman for a period of

   three years.

5. The scientific committee shall be convened by its chairman at least

   twice yearly.

```

```
                    - 24 
                   Article 10

                    Budget

1. Estimates shall be drawn up of all the Centre's revenue and

   expenditure for each financial year, which shall correspond to the

   calendar year, and shall be entered in the Centre's budget.

2. The director shall each year draw up a draft budget for the Centre

   covering the operational expenditure and the programme of work

   anticipated for the following financial year, and shall forward

   this draft to the management board.

3. Revenue and expenditure shall be in balance.

4. The Centre's revenue shall, without prejudice to other resources,

   consist of a subsidy from the Community entered in the general

   budget of the European Communities, payments for services rendered,

   and any financial contributions from the organisations and non
   Community countries mentioned in Articles 11 and 12.

5. The Centre's expenditure shall include, inter alia, staff

   remuneration, administrative and infrastructure expenses, operating

   costs and expenditure relating to contracts entered into with the

   institutions and bodies which form part of the REITOX network and

  with th ird part ies.

6. By 15 February each year at the latest, the director shall draw up

  a draft budget for the following financial year and shall forward

   it to the management board, together with an establishment plan.

7. The management board shall adopt the draft budget and forward it to

  the Commission which on that basis shall establish the relevant

  estimates in the preliminary draft general budget of the European

  Communities which it shall put before the Council pursuant to

  Article 203 of the Treaty.

```

```
                    - 25 
8. The management board shall adopt the Centre's final budget before

   the beginning of the financial year, adjusting it where necessary

   to the Community subsidy and the Centre's other resources.

9. The director shall implement the Centre's budget.

10. Monitoring of the commitment and payment of all the Centre's

  expenditure and of the establishment and recovery of all the

  Centre's revenue shall be carried out by the financial controller

  appointed by the management board.

11. By 31 March each year at the latest, the director shall forward to

  the Commission, the management board and the Court of Auditors, the

  accounts for all the Centre's revenue and expenditure in respect of

  the preceding financial year. The Court of Auditors shall examine

  them in accordance with Article 206a of the Treaty.

12. The management board shall give a discharge to the director in

  respect of the implementation of the budget.

13. After the Court of Auditors has delivered its opinion, the

  management board shall adopt the internal financial provisions

  specifying, in particular, the detailed rules for establishing and

   implementing the Centre's budget.

                  Article 11

               Cooperation with other

             organisations and agencies

  The Centre shall actively seek the cooperation of international

  organisations and other European agencies, already in existence or

  to be set up, competent in the sector of drugs, particularly the

```

```
                    - 26 
   UNIDCP (UN International Drug Control Programme), the WHO (World

   Health Organisation), the CCC (Customs Cooperation Council), the

   CELAD, the European Drug Intelligence Unit, EUROPOL, and the

   Council of Europe's Pompidou Group.

2. The cooporation referred to in paragraph 1 may give rise to the

   establishment of appropriate links with international organisations

   in accordance with Article 229 of the Treaty.

                   Article 12

                Non-member countries

1. The Centre shall be open to the participation of non-member

   countries which share the European Community's interests and that

   of its Member States in the Centre's objectives and work, on the

   basis of agreements entered into between them and the Community in

   accordance with the procedure set out in Article 228 of the

   Treaty.

   These agreements shall, in particular, set out in detail the nature

   and scope, as well as the procedural aspects, of the participation

   of these countries in the Centre's work, and shall incorporate the

   arrangements covering any financial contributions and the staff

   required to secure this involement.

2. The management board may take a decision on the involvement of

   experts proposed by non-member countries in the working parties

   provided for in point 9 of Article 2, subject to an undertaking

   from the interested parties to observe the rules referred to in

  Art icle 5.

                  Article 13

              Privileges and immunities

The Protocol on the Privileges and Immunities of the European

Communities shall apply to the Centre.

```

```
                    - 27

                  Article 14

                Staff regulations

The staff of the Centre shall be subject to the regulations and rules

applicable to the officials and other servants of the European

Communi t ies.

The Centre shall exercise in respect of its staff the powers devolved

to the appointing authority.

The management board shall, in agreement with the Commission, adopt the

appropriate implementing rules.

                  Article 15

                 Legal liability

1. The contractual liability of the Centre shall be governed by the

   law applicable to the contract in question. The Court of Justice

  of the European Communities shall have Jurisdiction pursuant to an

  arbitration clause contained in a contract concluded by the Centre.

2. In the case of non-contractual liability, the Centre shall, in

  accordance with the general principles common to the laws of the

  Member States, make good any damage caused by the Centre or its

  servants in the performance of their duties. The Court of Justice

  of the European Communities shall be have jurisdiction in disputes

  relating to compensation for any such damage.

3. The personal liability of servants towards the Centre shall be

  governed by the provisions applying to the staff of the Centre.

```

```
                    - 28 
                   Article 16

                    Report

During the third year following the entry into force of this

Regulation, the Commission shall forward to the European Parliament and

to the Council a progress report on the Centre's activities, together

with, if appropriate, proposals to modify or extend its tasks.

                   Article 17

                 Entry into force

This Regulation shall enter into force on the seventh day following

that of its publication in the Official Journal of the European

Commun i t i es.

This Regulation shall be binding in its entirety and directly

applicable in all Member States.

Done at Brussels, For the Council

                                The President

```

```
                     - 29 
                 FINANCIAL STATEMENT

             SECTION 1 : FINANCIAL IMPLICATIONS

1 . Title of opérât ion

  Draft Council Regulation establishing a European Drugs Monitoring Centre

   (EDMC) and a European Information Network on Drugs and Drug Addiction

   (REITOX).

  Budget heading involved:

   Item B3.441 of the Commission's preliminary draft budget for 1992 :

  "European Drugs Monitoring Centre and preparatory action".

  (New heading proposed by the Commission following its Decision of

  10 April 1991 on the "Drugs" budget, which was rejected by the Council at

  first reading and re-established by the Parliament at first reading).

3. Legal basis:

  - Decision of the European Council in Luxembourg (28-29 June 1991)

  - Article 235 of the Treaty of Rome.

```

```
                    30 
Description of operation

4.1 Specific objectives of operation

   The European Council, at its meeting of 13-14 December 1990, adopted

   the European Plan to Combat Drugs drawn up by the CELAD which asked

   the Commission to conduct a feasibility study on a European Drugs

   Monitoring Centre (EDMC). The tasks and information of this proposed

   Centre cover not only the social and health aspects, but also other

   drugs-related aspects, including trafficking and repression. The

   Commission conducted the feasibility study and the European Council

  meeting in Luxembourg on 28-29 June 1991 decided to set up the EDMC.

   The CELAD meeting in The Hague on 26-27 September 1991 urged the

  Commission to prepare for the Council a proposal for the setting up

  of a European Drugs Monitoring Centre on the basis of the

   institutional option of an "entity under Community law".

  The prime objective of the EDMC is to supply the Community and its

  Member States with information which is objective, reliable and

  comparable at European level in order to enable them to take the

  necessary steps nationally and Community-wide to reduce the

  consumption, production and trafficking of drugs.

   In order to attain this objective, the EDMC will have to fulfil the

  tasks set out in Article 2 of the draft Regulation.

4.2 Durât ion

  The duration of the operation is undefined and will depend on the

   long-term development of drugs traffic and consumption in the

  Communi ty.

```

```
                   31

  4.3 Target populat ion

     The operation is targeted at the whole population of the Community

     drug addiction is one of the scourges of our society. The number of

     drug addicts in the Community, strictly speaking, is estimated at

     between 1.5 and 2 million.

5. Classification of expenditure or revenue

  5.1 Non-compulsory expenditure

  5.2 Non-differentiated appropriations

  5-3 Type of revenue involved :

     Ordinary revenue of the EEC (Community Budget) + any revenue deriving

     from services provided by the Monitoring Centre and contributions

     from some non-Community countries.

6. Type of expenditure or revenue

  6.1 100% subsidy to cover the ordinary budget of the Monitoring Centre,

     in accordance with Article 10(4) of the draft Regulation.

  6.2 Additional subsidies (to be decided on a case-by-case basis and not

     foreseeable in advance) may be available from contributions to the

     Monitoring Centre by non-Community countries and other organisations.

  6.3 Interest subsidy : none.

  6.4 Other : none.

  6.5 Since the Monitoring Centre's aim is not economic, the notion of

     "economic success" is not relevant.

  6.6 The operation falls within the existing (qualitative and

     quantitative) framework of Community revenue.

```

```
                     - 32 
7. Financial impact on appropriations for operations (Part B of the Budget)

  7.1 Method of calculating total cost of the operation

       The establishment and running of the Monitoring Centre will

       entail 3 categories of expenditure :

       a) initial capital expenditure to be distributed over the first

       two full years of operation (1993 and 1994);

       b) annual administration and staff expenditure;

       c) annual operational expenditure.

       These three different types of expenditure may be analysed as

       fol lows:

       a) Capital expenditure (initial)

            Monitor ing Centre:

              premises

              furniture, fittings and computer equipment

              central system linking the network nodal points

              accessory electronic facilities

              library and documentation resources.

            Associated centres: 30 centres

            (Member States and organisations)

              hardware

               interconnections.

       b) Administration and staff expenditure (annual)

            The proposed budget corresponds to an estimated staff of

            30 people during the Centre's first three years of

            operat ion.

```

```
               - 33 
     From the functional point of view, roughly 50% of these

     (i.e. approx. 15 staff, including the Director) will be

     in charge of the meetings, expert groups and information

     networks which correspond to the priority areas of

     activity referred to in Article 3 of the proposal for a

     Regulation ("advisory and approach" tasks). These staff

     will be assigned as a function of the priority areas

     indicated in Article 2 of the proposal for a Regulation

     and, in view of the importance of the REITOX network

     within the overall arrangement, particularly in the

     initial phases, at least a third (approx. 5) of these

     "advisory and approach" staff must have recognized

     experience, and perhaps even a vocational qualification,

     in computer technology.

     As regards staff status, approximately half of the staff

     including the Director (approx. 15 persons) will be

     established or temporary staff included in the

     Commission's establishment plan.

     The other staff (approx. 15 persons) will be either

     consultants and experts recruited on contracts, or

     nationaI/international officials on secondment to the

     Moni tor ing Centre.

     This need for a combination of staff at the Monitoring

     Centre can be explained both on grounds of the shortage

     of Commission staff available and in terms of the need

     for expertise available only outside the Commission and

     in national/international authorities.

     The remaining administrative expenditure will comprise

     operating and running expenses relating to the central

     structure of the Monitoring Centre and its staff. The

     translation and interpreting required for smooth running

     of the Centre will be carried out by freelances.

c) Operational expenditure (annual)

   This expenditure will relate to the two types of

```

```
              - 34 
   complementary activity carried out by the Centre: the

   organisation of meetings of experts to set up a harmonised

   and standardised information base on drugs and drug addiction

   in Europe, and the establishment and organisation of the

   network on information and documentation centres. It will

   include the following:

     annual meetings of experts from Member States and the

     international organisations associated : 20 meetings.

     external databases

     adaptation and maintenance of the electronic system.

Taking into account the foregoing, and the expected distribution

of initial capital expenditure over the three-year start-up

period, the budget of the Monitoring Centre over a full year of

operation is likely to be as follows:

I. Capital expenditure (initial)

  - central infrastructure of the EDMC 700 000

  - decentralised infrastructure of the EDMC

    (associated national centres) 700 000

                             1 400 000 ECUS

I I• Administrative and

```

```
     staff expenditure (annual)

     (of which 50% establishment staff/

     50% contracted and seconded + missions

     freelance translation and interpreting,

     publicat ions)

III- Operational expenditure (annuaI)

     (including 20 meetings « approx.

     75 000 ECUS)

       Grand total for a full year

       in the initial period

```

```
2 000 000 ECUS

1 800 000 ECUS

5 200 000 ECUS

```

```
                    35

     7.2 Indicative schedule of commitment and payment appropriations :

       The multiannual schedule takes account of :

          the actual establishment of the Monitoring Centre at the

          beginning of 1993 at the earliest;

          the budget required for 1992 (decision to establish EDMC

          expected in the first half of 1992) is only an operational

          budget (pilot operation possibly entailing the recruitment of

          experts, consultants and some seconded national officials)

          and does not include any new expenditure on establishment

          staff;( [1] >

          support for the EDMC's decentralised structures will be

          available only when national centres have been designated (in

           1993);

          establishment staff will be recruited at the beginning of

          1993;

          the assignment of the EDMC budget may be reviewed from 1993,

          the first full year of operation.

          the appropriations available for this operation will be

          decided as part of the annual budgetary procedure as a

          function of the overall financial resources availalbe in the

          period 1993-1997 and the current priorities for social

          act ion."

(1) budget heading B3.441 at present has the entry "p.m.", because the
  decision to set up the Monitoring Centre was not taken by the European
  Council and the CELAD until after the first reading of the Commission's
  Preliminary Draft Budget by the Council and the European Parliament".

```

```
              - 36 
Consequently the proposed multi-annual schedule of the EDMC

(corresponding to its first three years of existence) is as

fol lows:

```

```
          1992

          CA/PA

       1 600 000 ECUS

8. Anti-fraud measures

```

```
  ±9J2

  CA/PA

5 200 000 ECUS

```

```
    1 994

  CA/PA

5 200 000 ECUS

```

```
Normal measures applied under the Monitoring Centre's and the Community's

staff regulations.

```

```
                      - 37 
            SECTION 2 : ADMINISTRATIVE EXPENDITURE

                    (Part A of the Budget)

1 • Increase in the number of Commission staff

   Half of the Monitoring Centre staff will be Commission staff (established

   and temporary) and half will be on contract or national or international

   officials on secondment; as a result the number of Commission staff will

   have to be inceased in the 1993 Budget.

   The minimum number of Commission staff (Part A of the Budget) reqired for

   1993 will be as fol lows:

   - 1 permanent post Director of the EDMC (A post)

   - 2 permanent posts Administrators (A posts)

    3 temporary posts Administrators (A posts)

   - 2 temporary posts Computer experts (A posts)

```

```
1 permanent post

1 permanent post

```

```
Assistant (B post)

Documentalist (B post)

```

```
  - 5 permanent posts Secretaries (C posts)

The full complement of establishment staff at the Monitoring Centre in 1993

would therefore be

  - 3 permanent A posts (including the Director)

  - 5 temporary A posts

  - 2 permanent B posts

  - 5 permanent C posts

```

```
                     - 38

2 - Amount of staff and administrative expenditure

                        lââ2 1993 1994

A. Staff

```

```
1 A post

(Di rector)

7 A posts (incl. 5 temporary)

(administrators and computer

experts)

2 B posts

(assistants)

5 C posts

(secretar ies)

```

```
 95 000 95 000

450 000 450 000

 95 000 95 000

160 000 160 000

```

```
               Total A 800 000 800 000

B. Administrât ive

  Translat ion

  Pub Iicat ions 400 000 400 000

  Regular adminstrative expenditure

   (incl. missions)

                 Total B 400 000 400 000

                 Total A + B 1 200 000 1 200 000

```

```
                       - 39

        SECTION 3 : ELEMENTS OF COST-EFFECTIVENESS ANALYSIS

1 • Objectives and coherence with financial programming

   1.1 Specific objectives of proposed operation : the specific

        objectives of the proposed operation are indicated in Articles 1

        and 2 of the proposal for a Regulation.

        The schedule for the operation is as follows:

        The Council is expected to have adopted the Regulation by 30 June

        1992 at the latest (CELAD Report at European Council in

        Maastr icht);

        The second half of 1992 will be devoted to pilot operations

        involving no administrative expenditure (no official staff in

        place);

        1993 will be the first full year of operation of the Monitoring

       Centre. Its own establishment and external staff will have been

        recruited at the beginning of the year;

       The creation of the infrastructure (central and decentralised)

       will be spread equally over 1993 and 1994;

       The financing schedules are given in paragraphs 7.1.c) and 7.3

       above.

  1.2 Is the operation incorporated in the financial programming of the

       DG for the years concerned? It will be incorporated in the

       financial programming for 1993-1997.

  1.3 Not applicab le.

```

```
                     - 40 
2 - Grounds for the operation

  The grounds for the operation were presented by the Commission to the

  Member States in the feasibility study on the European Drugs Monitoring

  Centre. The study was approved by the CELAD and the European Councils in

  Rome and Luxembourg.

  The study set out various institutional and financial options. The

   institutional option of an "entity under Community law" was selected by

  the Member States as being the one with the best cost/effectiveness

  rat io.

  Among the financial options, the one outlined in this proposal represents

  the cheapest option proposed in the feasibility study.

  Accordingly the proposal for a regulation offers the best possible

  compromise betwen cost and effectiveness (although in the area concerned

  - drugs - these notions are not applicable in the normal sense).

 3. Monitoring and evaluation of the operation

  3.1 Performance indicators

     For this particular operation the performance indicators can only be

     qualitative. They will gauge the part played by the Monitoring Centre

     in implementing Europe against Drugs and rationalising political

     decision-making at Member State and Community level on drugs.

  3.2 Details and frequency of planned evaluation

       As indicated in Article 7(5) of the proposal for a Regulation,

       the management board will adopt an annual general report each

       year on the activities of the Monitoring Centre.

       Moreover in accordance with Article 16, during the third year

       after entry into force the Commission will forward to the

       European Parliament and the Council any proposals to modify or

       extend the Centre's tasks.

```

```
                     41 
3.3 Main factors of uncertainty

  The main factors of uncertainty which could affect the specific

   results of the operation relate to the issues at stake at the

  Maastricht European Council, which may decide to include health and

  suppression of drugs in the Community's new areas of competence. Such

  a decision, if taken, would increase the role and the importance of

   the European Drugs Monitoring Centre in the future.

```

##### **ISSN 0254-1475**

#### **COM(91) 463 final**

# **DOCUMENTS**

## **EN 15**

#### **Catalogue number : CB-CO-91-537-EN-C** **ISBN 92-77-77943-8**

##### **Office for Official Publications of the European Communities** **L-2985 Luxemboiurg**