CELEX: 51997PC0205
Language: en
Date: 1997-05-06
Title: Proposal for a Council Decision authorizing conclusion, on behalf of the Community, of an Agreement on drugs precursors and chemical substances between the European Community and the United States of America

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 06.05.1997
                                              COM(97) 205 final
                                              97/0131 (ACQ
                               Proposal for a
                          COUNCIL DECISION
authorizing conclusion, on behalf of the Community, of an agreement on drugs
                     precursors and chemical substances
     between the European Community and the United States of America
                      (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           1. EXPLANATORY MEMORANDUM
By Decision of 25 September 1995 (Doc. 9782/95), the Council authorized the
Commission to negotiate on behalf of the Community agreements on the control of
drugs precursors and chemical substances with the member states of the OAS. A first
series of agreements was concluded on 18 December 1995 with the member countries
of the Cartagena agreement *. A further agreement was signed with Mexico on 13
December 1996 2.
The above decision was taken to prevent the diversion of chemical substances
frequently used for the illicit manufacture of narcotic drugs and psychotropic
substances, which most commonly occurs in international trade between the chemical
exporting countries and those countries concerned with illicit drugs manufacture on
their own or a neighbouring territory.
The decision was preceded by close contacts with the relevant authorities of the OAS
member countries during which the wish to conclude such agreements had been
repeatedly expressed. Over the years, particularly close relationships have been
developped with the United States, on the basis of the fact that the transatlantic
partners are together responsible for approximately 80% of the world trade in
chemicals. Both sides felt that there was a need not only to monitor bilateral EC-US
trade in the substances concerned but also to consult each other on chemical shipments
to high risk destinations in third countries. Therefore, specific provisions have been
included for this purpose in the agreement.
In compliance with the above-mentioned decision, the Commission has negotiated an
agreement with the United States of America which was initialled on 11.04.1997. It is
therefore necessary to proceed to the signature and the conclusion of the Agreement.
The Agreement provides for the possibility of modifying the lists of substances subject
to the trade surveillance mechanisms referred to in Article 2 of the Agreement and
which are contained in the Annexes to the Agreement. Such modification may include
changes in the number of substances as well as the transfer of substances from one
Annex to the other.
Where such modifications only concern substances already covered by the relevant
Community legislation on drugs precursors and chemical substances, the Commission
is authorized to approve such modifications on behalf of the Community. The Council
will designate a Special Committee to assist the Commission in this task.
1
  cf. OJL 324 of 30.12.95
2
  cf. OJ L 77 of 19.03.97
 ---pagebreak--- The Council is therefore requested to
- approve the Agreement between the European Community and the United States of
America on Drugs Precursors and Chemical Substances on behalf of the Community;
- designate a person empowered to sign the Agreement;
- authorize the Commission, in consultation with a special committee appointed by the
Council, to approve modifications on behalf of the Community where the Agreement
provides for them to be adopted by the Joint Follow-Up Group; however, such
authorization will be limited to the modification of the Annexes of the Agreement
insofar as it concerns substances already covered by the Community legislation on
drugs precursors and chemical substances.
                                       2,
 ---pagebreak---                                     Council Decision
  authorizing conclusion, on behalf of the Community, of an agreement on drugs
                         precursors and chemical substances
       between the European Community and the United States of America
THE COUNCIL OF THE EUROPEAN UNION;
Having regard to the Treaty establishing the European Community, and in particular
Article 113, in conjunction with the first sentence of Article 228 (2), and Article 228
(4) thereof,
Having regard to the proposal from the Commission,
Whereas, on 25 September 1995, the Council authorized the Commission to negotiate.
on behalf of the Community, agreements on the control of drugs precursors and
chemical substances with the Member States of the OAS,
Whereas the Transatlantic Agenda identified as a priority item in EC-US relations, the
conclusion of a drugs precursors agreement which would include a specific pre
shipment consultation mechanism.
Whereas the Commission, on the basis of this authorization and the provisions of the
Transatlantic Agenda, completed negotiations with the United States of America on
11.04.1997.
Whereas it is appropriate that the Council authorizes the Commission, in consultation
with a special committee appointed by the Council, to approve modifications on
behalf of the Community where the Agreement provides for them to be adopted by the
Joint Follow-Up Group; however, such authorization will be limited to the
modification of the Annexes of the Agreement insofar as it concerns substances
already covered by the Community legislation on drugs precursors and chemical
substances.
HAS ADOPTED THIS DECISION:
                                        Article 1
 1. The agreement between the European Community and the United States of America
on the control of drugs precursors and chemical substances is approved on behalf of
the Community.
 2. The text of the Agreement is attached to this Decision.
                                          H-
 ---pagebreak---                                        Article 2
The President of the Council is hereby authorized to designate the person empowered
to sign the agreement negotiated with the United States of America on the control of
drugs precursors and chemical substances.
                                       Article 3
1. The Community shall be represented in the Joint Follow-Up Group provided for in
Article 11 of the Agreement by the Commission, assisted by the representatives of the
Member States.
2. The Commission is authorized to approve, on behalf of the Community,
modifications of the Annexes to this Agreement adopted by the Joint Follow-Up
Group by the procedure laid down in Article 12 of the Agreement.
The Commission is assisted in this task by a special committee designated by the
Council.
3. The authorization referred to in Paragraph 2 shall be limited to those substances
which are already covered by the relevant Community legislation on drugs precursors
and chemical substances.
      Done at Brussels                                            For the Council
 ---pagebreak---                                        AGREEMENT
                             between the European Community
                                             and
                                the United States of America
                on precursors and chemical substances frequently used in the
              illicit manufacture of narcotic drugs or psychotropic substances
THE EUROPEAN COMMUNITY, hereinafter referred to as the "Community", on
the one part, and
THE UNITED STATES OF AMERICA, hereinafter referred to as the "United
States", on the other part,
DETERMINED to prevent and combat the illicit manufacture of narcotic drugs and
psychotropic substances by controlling the supply of precursors and chemical
substances frequently used for such purposes;
ACKNOWLEDGING Article 12 of the United Nations Convention of 1988 against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances;
AGREEING with the final Report of the Chemical Action Task Force (CATF),
approved by the London G-7 Economic Summit on 15 July 1991, which
recommended the strengthening of international cooperation by the conclusion of
bilateral agreements, in
particular between regions and countries involved in export, import and transit of
these chemical substances;
CONVINCED that international trade constitutes a specific risk factor and that only
cooperative arrangements between the regions concerned can prevent this danger, in
particular by linking export and import controls;
 AFFIRMING their common commitment to setting up assistance and co-operation
 mechanisms between the United States and the Community in order to combat the
 diversion of controlled substances to illicit purposes, in harmony with the orientations
 and actions decided at the international level;
 UNDERLINING their common will to improve the current information exchange
 between relevant agencies, and without disturbing the existing working relations
 between them;
 ---pagebreak--- RECOGNIZING that these chemical substances are also mainly and widely used for
legitimate purposes and that international trade must not be hindered by excessive
monitoring procedures;
HAVING DECIDED to conclude an Agreement for the control of precursors and
chemical substances frequently used in the illicit manufacture of narcotic drugs or
psychotropic substances;
HAVE AGREED AS FOLLOWS:
                                         Article 1
                                  Scope of the Agreement
1.      This Agreement sets out measures to strengthen administrative co-operation and
        to improve working relations between the Contracting Parties to prevent the
        diversion of substances frequently used in the illicit manufacture of narcotic drugs
        or psychotropic substances, without prejudice to the due recognition of the
        legitimate interests of trade and industry.
        Nothing in this Agreement:
        - may be interpreted in a manner which is inconsistent with the UN international
        drug control treaties, or
        - shall disturb existing working law enforcement relations in drug-related matters
        between the United States and the Member States of the European Community.
2       For this purpose, the Contracting Parties shall assist each other, as set out in this
        Agreement, notably in:
        - monitoring the trade between them in scheduled substances, with the aim of
        preventing their diversion to illicit purposes,
        - granting each other the means of mutual consultation on the legitimacy of
        proposed transactions in scheduled substances destined for third countries, and
         - providing mutual administrative assistance to ensure that the provisions of the
         relevant substance trade control legislation are correctly applied.
 3.      Without prejudice to possible amendments which might be adopted within the
         competence of the Joint Follow-up Group, this Agreement applies to the chemical
         substances listed in the Annex to the 1988 UN Convention against Illicit Traffic in
         Narcotic Drugs and Psychotropic Substances as amended, hereinafter referred to
         as "controlled chemical substances".
                                           ?                            J*-
 ---pagebreak---                                           Title I
                  Trade in controlled chemical substances between the
                                   Contracting Parties
                                        Article 2
                                   Trade surveillance
   1.   The Contracting Parties shall consult and inform each other on their own initiative
        of any suspicion that controlled chemical substances may be diverted from
        legitimate trade between them to the illicit manufacture of narcotic drugs or
        psychotropic substances, in particular when a shipment occurs in unusual
        quantities or under unusual circumstances.
   2.   With regard to the controlled chemical substances listed in Annex A to this
        Agreement, the competent authority of the exporting Contracting Party shall, at
        the same time as the export authorization is issued or a notification of export is
        received, and as soon as possible, forward a copy of this information to the
        competent authority of the importing Contracting Party. Specific information
        shall be provided where the operator benefits, in the exporting country, from an
        open individual authorization covering multiple export operations.
   3. • With regard to the controlled chemical substances listed in Annex B to this
        Agreement, the export shall be authorized only when the importing Contracting
        Party has given its consent.
   4.    The Contracting Parties undertake to provide, reciprocally and in good time, due
        feedback on any information provided or measure requested under this Article.
J^                                                                         h-
 ---pagebreak---    When implementing the above-mentioned trade control measures, the legitimate
   interests of trade shall be duly respected. In particular, in cases covered by paragraph
   3, the reply by the importing Contracting Party shall be provided within 15 working
   days after the reception of the message from the exporting Contracting Party. The
   absence of a reply within this time period shall be deemed as granting an import
   authorization. The refusal to grant an import authorization shall be notified in writing,
   including electronic means, to the exporting Contracting Party within this time period
   and the reasons for it must be documented.
                                         Article 3
                                  Suspension of shipment
1. Without prejudice to any possible implementation of technical enforcement measures,
   shipments shall be suspended if, in the opinion of either Contracting Party, there are
   reasonable grounds to believe that controlled chemical substances may be diverted to
   the illicit manufacture of narcotic drugs or psychotropic substances.
   The Contracting Parties shall co-operate in supplying each other with information
   relating to suspected diversion operations.
                                         Title n
            Trade in controlled chemical substances with other countries
                                         Article 4
                                Pre-shipment consultation
1.  Without prejudice to Articles 6, 7 and 8, whenever a competent authority, in
   processing a request for an export authorization to a third country, suspects that the
   controlled chemical substances involved may be diverted to illicit drugs manufacture,
   appropriate information should normally be relayed to the other Contracting Party to
   this Agreement, with the request to the competent authority of this Contracting Party
   for relevant information in its possession which may confirm or refute the possible
   diversion.
 ---pagebreak--- 2.      To comply with the request mentioned in Paragraph 1, provided that the necessary
        information has been made available, the requested Contracting Party shall search
        its databases or other available sources for information relating to the case and
        communicate its findings to the requesting Contracting Party. Whenever possible,
        the reply should be given within five working days after receipt of the request.
3.      The requesting authority, on its own responsibility and with due assessment of all
        the elements of the case, shall determine whether to authorize, deny or take other
       action concerning the export in question. It shall then notify the requested
        authority of the decision taken.
4.     The Contracting Parties shall immediately notify each other of any decision to
        stop a shipment of controlled chemical substances to third countries, which they
        believe may be of interest to the other Contracting Party, and shall provide such
        information regarding the shipment as appropriate.
                                         Article 5
                                    Other information
Without prejudice to Articles 6, 7 and 8, the Contracting Parties shall periodically
exchange other data and information concerning trends and circumstances as seem
desirable to achieve the purposes of this Agreement.
                                          Tide III
                                    General provisions
                                         Article 6
                             Mutual administrative assistance
1.      The Contracting Parties shall supply to each other, either on their own initiative or
        on request, information to prevent the diversion of controlled chemical substances
        to the illicit manufacture of narcotic drugs or psychotropic substances and shall
        investigate cases of suspected diversion. When necessary, they shall adopt
        appropriate precautionary measures to prevent diversion.
2.      Any request for information or precautionary measures shall be responded to as
        promptly as possible.
3.      Requests for administrative assistance shall be executed in accordance with the
        laws, regulations and other legal instruments of the requested Contracting Party.     «
 ---pagebreak--- 4. Officials of a Contracting Party may, with the agreement of the other Contracting
   Party, be present at the inquiries carried out in the territory of the latter.
5. The Contracting Parties shall assist each other to facilitate the provision of
   evidence.
6. Administrative assistance provided under this Article shall not prejudice the rules
   governing mutual legal assistance in criminal matters, nor shall it apply to
   information obtained under powers exercised at the request of a judicial authority,
   unless the authority so agrees.
7. Information may be requested in respect of chemical substances which are
   frequently used in the illicit manufacture of narcotic drugs or psychotropic
   substances but which are not included in the scope of this Agreement.
                                     Article 7
                   Information exchange and confidentiality
1. Data relating to natural persons may be exchanged only where the receiving
   Contracting Party undertakes to afford such data with at least substantially the
   same level of protection as the one applicable to that particular instance in the
   Contracting Party liable to supply them. To this end, the Contracting Parties shall
   provide each other with information setting forth the applicable standards of the
   Contracting Parties, including where appropriate the legal standards of the
   Member States of the Community.
2. Any information communicated in whatsoever form pursuant to this Agreement
   shall be of a confidential or restricted nature, depending on the rules applicable in
   each of the Contracting Parties, and shall be used solely for the purposes of this
   Agreement. Such information shall be afforded in the receiving Contracting Party
   the same protection in respect of confidentiality and official secrecy as applies in
   that Contracting Party to similar information under the relevant laws of the
   Contracting Party which received it.
3. Assistance may be postponed, or provided with conditions, on the ground that it
   would otherwise interfere with an ongoing investigation, prosecution or
   proceeding, or jeopardize the security of sensitive sources and methods of
   gathering information. In such a case, the authority which could provide
   assistance shall consult with the competent authority of the other Contracting
   Party to determine if assistance can be given subject to such terms or conditions
   as the providing authority may require.
                                      //
 ---pagebreak---    Information obtained shall be used solely for the purposes of this Agreement.
   Where one of the Contracting Parties requests the use of such information for
   other purposes, it shall ask for the prior written consent of the authority which
   furnished the information. Moreover, such use shall be subject to any restrictions
   laid down by that authority.
   Paragraph 4 shall not impede the use of information in any judicial or
   administrative proceedings subsequently instituted for failure to comply with
   substance control legislation. The competent authority which supplied that
   information shall be notified of such use.
                                     Article 8
                Exceptions to the obligation to provide assistance
1. The Contracting Parties shall make every reasonable effort to routinely provide
   requested information and assistance.
2. In cases where the requested Contracting Party is of the opinion that compliance
   with the request would:
   - infringe upon the sovereignty of the United States or of a Member State of the
   Community, or
   - present a serious issue of public policy, security or other essential interests, in
   particular the cases referred to in Article 7(1) concerning natural persons, and in
   Article 7(3) concerning ongoing investigations, prosecutions or proceedings and
   the security of sensitive sources and methods of gathering information, or
   - be contrary to the legal system of the requested Contracting Party, including,
   where appropriate, the legal system of the Member States of the Community
   liable to provide the assistance, assistance can be refused or compliance may be
   made subject to the satisfaction of certain conditions or requirements.
    If one Contracting Party requests assistance which it could not itself supply
    entirely or partially pursuant to a similar request, it shall so state in its request.
    The other Contracting Party shall then decide in what form it can comply with the
    request.
    If assistance is refused under this Article, the decision and its explanatory reasons
    shall be communicated without delay to the other Contracting Party.
                                      43.
 ---pagebreak---                                          Article 9
                          Technical and scientific co-operation
The Contracting Parties shall co-operate in the identification of new diversion
methods as well as appropriate countermeasures, including technical co-operation to
strengthen administrative and enforcement structures in this field and to promote co-
operation with trade and industry. Such technical co-operation may concern, in
particular, training and exchange programmes for the officials concerned.
                                        Article 10
                                Implementation measures
        Each Contracting Party shall identify a competent authority or competent
        authorities to co-ordinate the application of this Agreement. These authorities
        shall communicate directly with one another for the purposes of this Agreement.
        The Contracting Parties shall keep each other informed of the provisions which
        they adopt for the implementation of this Agreement.
                                        Article 11
                                 Joint Follow-up Group
        A Joint Follow-up Group on the control of precursors and chemical substances is
        hereby established, hereinafter referred to as "the Joint Follow-up Group", in
        which each Contracting Party to this Agreement shall be represented.
2.      The Joint Follow-up Group shall act by mutual agreement. It shall normally meet
        once a year, date, place and programme being fixed by mutual agreement.
        Extraordinary meetings of the Joint Follow-up Group may be convened by
        agreement of the Contracting Parties.
3.      The Joint Follow-up Group shall adopt its own rules of procedure.
                                       fl
 ---pagebreak---                                        Article 12
                          Role of the Joint Follow-up Group
1.   The Joint Follow-up Group shall monitor the administration of this Agreement
     and ensure its proper implementation. For this purpose:
   • - it shall study and develop the necessary means to ensure the correct functioning
     of the present Agreement,
     - it shall be regularly informed by the Contracting Parties of their experience in
     applying this Agreement,
     - in the cases provided for in Paragraph 2, it shall take decisions,
     - in the cases provided for in Paragraph 4, it shall make recommendations,
     - it shall study and develop the co-operation measures referred to in Article 9, and
     - it shall study and develop other possible forms of co-operation in matters
     relating to precursors and chemical substances.
2.   The Joint Follow-up Group shall adopt by mutual consent decisions to amend
     Annexes A and B.
     Such decisions shall be implemented by the Contracting Parties in accordance
     with their own legislation.
     If, in the Joint Follow-up Group, a representative of a Contracting Party has
     accepted a decision subject to the completion of procedures necessary for that
     purpose, the decision shall enter into force, if no date is contained therein, on the
     first day of the second month after such a completion is notified.
3.   The Joint Follow-up Group shall adopt, by mutual consent, the procedures to be
     followed in pre-shipment consultations laid down in Article 4.
4     .The Joint Follow-up Group shall recommend to the Contracting Parties:
     - amendments to this Agreement, and
     - any other measures required for the implementation of this Agreement.
                                        H
 ---pagebreak---                                         Article 13
                                    Other agreements
 1.     As regards controlled chemical substances, and subject to Article 7(3), nothing in
        this Agreement or in other agreements concluded between the Community and the
        United States shall prejudice Community provisions governing the
        communication between the competent administrative authorities within the
        Community of any information obtained in matters covered by this Agreement
        which could be of Community interest.
2.      Nothing in this Agreement shall prejudice the provisions of any Mutual Legal
        Assistance Treaty between the United States and any Member State of the
        Community.
3.      The Contracting Parties shall also exchange information with each other on
        measures in substance control matters taken with other countries.
                                        Article 14
                                     Entry into force
This Agreement shall enter into force on the first day of the second month following
the date of signature.
                                        Article 15
                                Duration and denunciation
1.      This Agreement shall be concluded for five years and, unless otherwise
        terminated, it shall be automatically renewed for successive five-year periods.
2.      This Agreement may be amended by mutual consent of the Contracting Parties.
3.      This Agreement may be terminated at any time by either Contracting Party upon
        90 days' written notice.
                                        fb
 ---pagebreak---                                      Article 16
                                   Authentic texts
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, all texts
being equally authentic.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this
Agreement.
DONE at                                                                       , on
FOR THE EUROPEAN COMMUNITY:
Mr.... [to be designated]
Minister for...
President-in-Office
Mr. ... [to be designated]
Minister for...
FOR THE UNITED STATES OF AMERICA:
Mr./Ms. ... [to be designated]
[to be designated]
                                        <L                      y
 ---pagebreak--- ANNEX A:
Substances subject to the measures referred to in Article 2(2)
Ephedrine
Ergometrine
Lysergic acid
1 -phenyl-2-propanone (phenylacetone)
Pseudoephedrine
Acetylanthranilic acid (2-Acetamidobenzoic acid)
3,4 Methylenedioxy-phenylpropan-2-one
Isosafrole             (
Piperonal
Safrole
Phenylacetic acid
Piperidine
ANNEX B:
Substances subject to the measures referred to in Article 2(3)
                                          n                    i
 ---pagebreak---                         Joint statement bv the Contracting Parties
                                  concerning Article 7(H
The Contracting Parties agree to convene a meeting of the Joint Follow-Up Group as
soon as possible after the entry into force of this Agreement in order to reach a
common interpretation of the necessary criteria to be complied with concerning the
relevant levels of protection to be applied under Article 7(1).
They stress that such a common interpretation is indispensable to respect the legal
system referred to in Article 8(2).
The Contracting Parties further stress their common basis for trust and co-operation
and the desirability for ensuring a common and mutually complementary application
of the provisions of this Agreement.
                          Side Instrument concerning Article 13
Letter by the Community
        With respect to the Chemical Control Agreement between the European
Community and the United States of America, the Contracting Parties agree that, to
the best of their collective knowledge, they cannot identify any bilateral executive
agreements, memoranda of understanding, or other similar instruments between the
United States and individual Member States of the Community that specifically
address the issue of controlled chemical substances. Thus, the present Agreement is
the only agreement that specifically addresses the issue of controlled chemical
substances in the field of administrative cooperation.
        The European Community states that, under the provisions of the Treaty on
the European Union, and in particular Article 228, Paragraph 7 thereof, insofar as
provisions of bilateral executive agreements, memoranda of understanding, or other
similar instruments that may have been previously concluded between any of the
Member States of the Community and the United States are incompatible with those
of this Agreement, the latter shall govern insofar as the incompatibility concerns the
exclusive competence of the Community as exercised through Community legislation
referring to controlled chemical substances.
        However, the provisions of these other agreements between Member States of
the Community and the United States are not affected insofar as they address issues
which fall within the scope of Title VI of the Treaty on the European Union. When
there are uncertainties as to the applicability of this Agreement or the provisions of
any such complementary agreements, the Contracting Parties will consult promptly
and take appropriate steps to resolve the matter.
                                          n                          JL
 ---pagebreak--- Reply by the United States
         I have the honor to acknowledge receipt of your letter, dated today, concerning
the applicability of the US-EC Agreement on precursors and chemical substances
frequently used in the illicit manufacture of narcotic drugs or psychotropic substances,
which reads as follows:
         "With respect to the Chemical Control Agreement between the European
Community and the United States of America, the Contracting Parties agree that, to
the best of their collective knowledge, they cannot identify any bilateral executive
agreements, memoranda of understanding, or other similar instruments between the
United States and individual Member States of the Community that specifically
address the issue of controlled substances. Thus, the present Agreement is the only
agreement that specifically addresses the issue of controlled chemical substances in
the field of administrative cooperation.
         The European Community states that, under the provisions of the Treaty on
the European Union, and in particular Article 228, Paragraph 7 thereof, insofar as
provisions of bilateral executive agreements, memoranda of understanding, or other
similar instruments that may have been previously concluded between any of the
Member States of the Community and the United States are incompatible with those
of this Agreement, the latter shall govern insofar as the incompatibility concerns the
exclusive competence of the Community as exercised through Community legislation
referring to controlled chemical substances.
         However, the provisions of these other agreements between Member States of
the Community and the United States are not affected insofar as they address issues
which fall within the scope of Title VI of the Treaty on the European Union. When
there are uncertainties as to the applicability of this Agreement or the provisions of
any such complementary agreements, the Contracting Parties will consult promptly
and take appropriate steps to resolve the matter." '
         The United States shares the common understandings recorded in that letter
and takes note of the EC statement contained therein. The United States confirms
that, in the event of a question regarding the possible compatibility of provisions of
this Agreement and of other bilateral executive agreements, memoranda of
understanding, or other similar instruments, it stands ready to consult promptly with
the Community with a view to a satisfactory resolution of the question.
                                       iS
                                                                        V
 ---pagebreak---                                  FINANCIAL STATEMENT
             concerning the signature and conclusion of Agreements
         on the Control of Drugs Precursors and Chemical Substances
                       between the European Community and
    the member countries of the Organization of American States (OAS)j
                       including the United States of America
Please note that this operation is fully covered by the financial statement on
the operation "Negotiation of precursor control agreements with the member
countries of the Organization of the American States (OAS)" as approved by
the Council in its decision of 25 September 1995. There are no additional
resource needs for the current operation.
In this context, it should be noted, that no resources for technical assistance
will be required in the case of the United States (North-South co-operation
schemes under B7-6210 not being applicable in this case).
1. Title of operation
     Signature and conclusion of agreements on the Control of Drugs Precursors and
     Chemical Substances between the European Community and the member countries of
     the Organization of American States (OAS), including the United States .
2. Budget heading involved
     A1,A2,A4,A5                Staff expenditure
     A-l 30                     Mission expenses, travel expenses and
                                incidental expenditure incurred by Commission staff
     A-250                      Meetings in general
3.   Legal basis
           Article 113 of the EC Treaty
            Council Regulation (EEC) No 3677/90 of 13 December 1990 (OJ No L 357 of
            20.12.90, p.l), as last amended by Council Regulation (EEC) No 900/92 of 31
            March 1992 (OJ No L 96 of 10.4.92, p.l), and implemented by Commission
            Regulation (EEC) No 3769/92 of 21 December 1992 (OJ No L 383 of
            29.12.92, p. 17), as last amended by Commission Regulation (EEC)
           No 2959/93 (OJ No L 267 of 28.10.93, p.8)
                                               2o
 ---pagebreak--- 4. Description of operation
    4.1   General objective
          To establish co-ordinated trade controls on drugs precursors for the benefit of
          both parties and thereby strengthen as transatlantic partnership in anti-drugs
          matters
    4.2   Period covered and arrangements for renewal
          5 years, with tacit annual renewal thereafter. 01.07.1997 - 30.06.2002
5.  Classification of expenditure or revenue
6. Type of expenditure or revenue
7. Financial impact
    not applicable
    7.1 Method of calculating total cost of operation (relation between individual and
          total costs)
    7.2   Itemised breakdown of cost
    7.3   Schedule of commitment and payment appropriations
8. Fraud prevention measures
9. Elements of cost-effectiveness analysis
    9.1   Specific and quantified objectives; target population
    9.2   Grounds for the operation
    9.3   Monitoring and evaluation of the operation
10. Administrative expenditure (Section III, Part A of the budget)
    Actual mobilization of the necessary administrative resources will depend on the
    Commission's annual decision on the allocation of resources, taking into account the
    number of staff and additional amounts authorized by the budgetary authority.
                                               at
 ---pagebreak--- 10.1 Effect on the number of posts
  Type of post       Staff to be assigned to      Source                         Duration
                     managing the operation
                     Permanent     Temporary      Existing         Additional
                     posts         posts          resources in     resources
                                                  the DG or
                                                  department
                                                  concerned                      5 years
  Officials or A      1            1              2
  temporary       B
  staff           C
  Other resources
            Total     I            1              2
10.2. Overall financial impact of additional human resources
                                                                                      (ECUs)
                               Amounts         Method of calculation
  Officials
  Temporary staff
  Other Ressources
                        Total               "                   _ _ _ _ ^ _ _ _ _ _ ^
The expenses related to human resources required for the completion of this action
will be made available upon mobilisation of existing resources:
Officials/Temporary staff (Titles A1,A2,A4,A5):
200,000 ECUs*5years =                                               1,000,000 ECUs
10.3. Increase in other administrative expenditure as a result of the operation
                                                                                       (ECUs)
   Budget heading                     Amounts   j             Method of calculation
                                Tot I          1
                                             2.V
 ---pagebreak--- The administrative expenditure required for the completion of this action will be
made available by mobilisation of existing resources:
(1)  A-130 (Mission):
     2 missions/year for 2 officials each, thereof one to North America, one to South
     America. Duration: 7 days
     North America
     (travel: 2x 2,800 ECUs, subsistence 2x776 ECUs)                 7,150 ECUs
     South America
     (travel: 2x 4,500, subsistence 2x776 ECUs)                      10,750 ECUs
     Total A-130 (5years)                                            88,500 ECUs
(2)  A-250 (Meetings)
     taking place once a year alternatively in Brussels, North America, Brussels and
     South America
     Brussels
     travel costs (15 MSt delegates x 695 ECUs)                      10,425 ECUs
     North America
     travel costs (15 MSt delegates x 2,800 ECUs)                    42.000 ECUs
     South America:
     travel costs (15 MSt delegates x 4,500 ECUs)                    67,500 ECUs
     Annual average costs:
     (12,500 + 42,000 + 12,500 + 67,500)./. 4 =                      33,000 ECUs
     Total A-250 (5years)                                            165,000 ECUs
                                          53
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 205 final
                                              DOCUMENTS
EN                                                                  11 05 15
                                    Catalogue number : CB-CO-97-188-EN-C
                                                             ISBN 92-78-19421-2
Office for Official Publications of the European Communities
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