CELEX: 51991PC0463
Language: en
Date: 1992-01-27
Title: 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 )

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)
 ---pagebreak---  ---pagebreak---                                           _ 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
            1
    Centre^ ).     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
 ---pagebreak--- 4.   In May   1990,    the   CELAD   adopted     and   forwarded     to    the    European
                                                                              2
    Council   its "Guidelines for a European plan on d r u g s " ^ ) .              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.
 ---pagebreak---                                        _ 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)  was   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
 ---pagebreak--- 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.
 ---pagebreak---                                       - 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
   and medium-scale drug trafficking, laundering of drug m o n e y ) .
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;
 ---pagebreak--- 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;
 ---pagebreak---                                           - 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:
 ---pagebreak---                                                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
                                                                                          6
    European   Drugs      Monitoring       Centre      based    on    Option     No    2^ ^     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".
 ---pagebreak---                                       - 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
 ---pagebreak---                                          - 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-,
 ---pagebreak---                                        - 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;
 ---pagebreak---                                      - 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:
 ---pagebreak---                                             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.
 ---pagebreak---                                            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;
 ---pagebreak---                                        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:
 ---pagebreak---                                         - 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 m o n e y ) .
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.
 ---pagebreak---                                       - 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.
 ---pagebreak---                                          - 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.
 ---pagebreak---                                        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).
 ---pagebreak---                                             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.
 ---pagebreak---                                       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.
 ---pagebreak---                                       - 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.
 ---pagebreak---                                       - 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.
 ---pagebreak---                                       - 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
 ---pagebreak---                                        - 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.
 ---pagebreak---                                       - 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.
 ---pagebreak---                                         - 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
 ---pagebreak---                                     - 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.
 ---pagebreak---                                    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.
 ---pagebreak---                                      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.
 ---pagebreak---                                       - 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.
 ---pagebreak---                          - 33 -
       From the functional point of view, roughly 5 0 % 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
 ---pagebreak---                            - 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)               2 000 000 ECUS
          (of which 50% establishment staff/
          50% contracted and seconded + missions
          freelance translation and interpreting,
          publicat ions)
III-      Operational expenditure (annuaI)         1 800 000 ECUS
          (including 20 meetings « approx.
          75 000 ECUS)
              Grand total for a full year
               in the initial period              5 200 000 ECUS
 ---pagebreak---                                        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
                        1
                staff;( >
                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".
 ---pagebreak---                                    - 36 -
           Consequently the proposed multi-annual schedule of the EDMC
           (corresponding to its first three years of existence) is as
           fol lows:
                                                       1
                1992               ±9J2                  994
                CA/PA              CA/PA               CA/PA
           1 600 000 ECUS      5 200 000 ECUS      5 200 000 ECUS
8. Anti-fraud measures
   Normal measures applied under the Monitoring Centre's and the Community's
   staff regulations.
 ---pagebreak---                                       - 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                   Assistant (B post)
       1 permanent 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
 ---pagebreak---                                     - 38
2
  - Amount of staff and administrative expenditure
                                         lââ2       1993      1994
A.  Staff
    1 A post                                        95 000    95 000
    (Di rector)
    7 A posts (incl. 5 temporary)                  450 000   450 000
    (administrators and computer
    experts)
    2 B posts                                       95 000    95 000
    (assistants)
    5 C posts                                      160 000   160 000
    (secretar ies)
                        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
 ---pagebreak---                                       - 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.
 ---pagebreak---                                       - 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.
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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.
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                                                              COM(91) 463 final
                                                      DOCUMENTS
EN                                                                              15
                                 Catalogue number : CB-CO-91-537-EN-C
                                                             ISBN 92-77-77943-8
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