Explanatory Memorandum to COM(2005)399 - European Monitoring Centre for Drugs and Drug Addiction (recast) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)399 - European Monitoring Centre for Drugs and Drug Addiction (recast). |
|---|---|
| source | COM(2005)399  |
| date | 31-08-2005 |
110
- Grounds for and objectives of the proposal
Council Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction has been amended three times. New amendments are needed in order in particular to extend the Centre's role to include the examination of new trends in drug use involving the combination of licit and illicit psychoactive substances, to adapt the operation of the Centre's Management Board to take account of enlargement. It therefore seemed appropriate to recast the Regulation, in the interests of clarity.0
- General context
In late 2003, the Commission presented a recast proposal for Council Regulation (EEC) No 302/93 (COM(2003)808). The legal basis chosen was article 308, the same used in the EMCCDA founding regulation.
The European Parliament was consulted and delivered an Opinion in April 2004.
After several months of discussions in the relevant Council Working Party (Horizontal Drugs Group) it was decided to change the legal basis of the proposal to article 152, which implies co-decision procedure.
In order to allow proper consultation of the European Parliament, the Commission decided to present a new recast proposal.
- Existing provisions in the area of the proposal
Council Regulation (EEC) No 302/93 and its three amending regulations that are being recasted.140
- Consistency with other policies and objectives of the Union
This regulation is consistent with other policies and objectives of the Union.
Not relevant.
- Collection and use of expertise
229
There was no need for external expertise.
230
- Impact assessment
There was no impact assessment.
This proposal constitutes a recast of an existing regulation.
Contents
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- This proposal cancels and replaces the former Commission proposal.139
- 2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- 3. Consultation of interested parties
- The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason(s).321
- Community action will better achieve the objectives of the proposal for the following reason(s).324
- 6. ADDITIONAL INFORMATION
- The proposal provides for simplification of legislation.512
305
- Summary of the proposed action
The proposed amendments can be divided into the following categories:
- those designed to boost the Centre's role, in particular to take account of new drug use patterns, and to enable the Centre to develop tools and instruments to facilitate the Member States’ and the Community's monitoring and evaluation of their respective drugs policies and strategies.
- those designed to adapt the operation of the EMCDDA's bodies in order to take account of enlargement. The Regulation sets up an Executive Committee to assist the Management Board.
- those designed to bring into line the EMCDDA Regulation with the Commission’s draft interinstitutional agreement on a framework for European regulatory agencies (COM(2005)59).
- those codifying the three amendments to the basic Regulation already adopted by the Council. The first amendment introduced by Council Regulation (EC) No 3294/94 of 22 December 1994 and the last introduced by Council Regulation (EC) No 1651/2003 of 18 June 2003 relate to the harmonisation of the financial provisions applicable to the decentralised Community bodies. The second amendment introduced by Council Regulation (EC) No 2220/2000 of 28 September 2000 extended the EMCDDA's remit, allowing it, at the request of the Commission of the European Communities, to provide technical assistance to the candidate countries.
- those designed to remove a number of uncertainties which emerged when the initial Regulation was applied. In particular, this concerns the reference to the Reitox focal points, instead of the specialised centres.310
- Legal basis
The legal basis chosen is article 152, according to which the Community shall complement the Member States' action in reducing drugs-related health damage, including information and prevention.320
- Subsidiarity principle
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community.
The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason(s).321
The Centre's objective is to provide the Community and its Member States with objective, reliable and comparable information at European level concerning drugs and drug addiction and their consequences.323
Comparable data at European level is easier to achieve through a body with European dimension.
Community action will better achieve the objectives of the proposal for the following reason(s).324
The collection and dissemination of comparable data at European level is better achieved by the creation of the Centre.325
The Centre was established over 10 years ago; the work it has developed in the area clearly demonstrates that EU action is needed.327
The Centre has at its disposal the European Information Network on Drugs and Drug Addiction (Reitox), which consists of one focal point for each Member State. The designation of the national focal points is of the exclusive responsibility of the countries concerned. The Centre works primarily on the basis of data supplied by the national focal points.
The proposal therefore complies with the subsidiarity principle.
- Proportionality principle
The proposal complies with the proportionality principle for the following reason(s).331
This regulation does not go beyond what is necessary to achieve its objective.332
The financial and administrative burden is proportionate to the objective of the proposal.
- Choice of instruments
Proposed instruments: regulation.342
Other means would not be adequate for the following reason(s).
The current proposal consists of a recast of the EMCDDA founding Regulation.
409
The proposal has no implication for the Community budget.
510
- Simplification
511
It is a recast of Regulation 302/93 and its amending regulations.515
- Repeal of existing legislation
The adoption of the proposal will lead to the repeal of existing legislation.540
- Recasting
The proposal involves recasting570
- Detailed explanation of the proposal
The Council Regulation contains 25 articles. Some are new; others have been adapted or are unchanged. The recitals have been amended where necessary in accordance with the changes to the body of the Regulation, and with a view to giving concise reasons for the main substantive provisions of the act.
The most significant amendments concern the following articles:
Article 2 lists the tasks of the EMCDDA. It has been adapted: it now stipulates that the EMCDDA's collection, registration and analysis work must also cover data on emerging trends in poly drug use, including the combined use of licit and illicit psychoactive substances. Furthermore, as regards improving the data comparison methodology, it requires the EMCDDA to devise tools and instruments to facilitate the Member States' and the Commission's monitoring and evaluation of their respective drugs policies and strategies. Lastly, the scope of the Centre's technical assistance is extended to all countries authorised by a European Council to take part in Community programmes and agencies.
Article 3 concerns the EMCDDA's priority areas of activity. The Annex relating to this article has been amended and now specifies the following priority areas of activity for the EMCDDA: monitoring the state of the drugs problem and emerging trends, monitoring the solutions applied to drug related problems, assessing the risks of new psychoactive substances and maintaining a rapid information system, and developing tools and instruments to facilitate the Member States' and the Commission's monitoring and evaluation of their respective drugs policies.
Article 5 concerns the European Information Network on Drugs and Drug Addiction (Reitox). It has been adapted in order to give legal status to the Reitox national focal points and to clearly define their functions.
Article 8 concerns the legal status of the Centre. It has been adapted to take account of the fact that the Centre has a seat.
Article 9 concerns the composition and role of the Management Board. It has been amended: the role of vice chairperson is created; the non voting status of the Management Board members representing countries which have concluded agreements pursuant to Article 21 is specified.
Article 10 is a new article setting up an Executive Committee whose main role is to prepare the decisions of the Management Board.
Article 11 sets out the role and responsibilities of the Director. It has been amended to take account of recent Commission guidelines concerning the appointment and extension of the mandate of the Community Agencies Directors. It also states that, upon appointment, the candidate for the post of Director shall be invited to make a statement before the European Parliament. It specifies that the Director is responsible for assessing the Centre's work.
Article 12 is new. It provides for the hearing of the Director before the European Parliament on any subject related to the Centre's activities.
Article 13 relates to the EMCDDA's Scientific Committee. It has been amended to take into account the role it was granted by Council Decision of 10 May 2005 on information exchange, risk assessment and control of new psychoactive substances.
Article 16 on combating fraud is new. It stipulates that with regard to combating fraud the provisions of Regulation (EC) No 1073/1999 concerning investigations conducted by OLAF apply to the EMCDDA.
Article 23 on evaluation reports on the EMCDDA's work has been amended. It now requires an external evaluation of the Centre's work, including the Reitox system, to be conducted every six years. On the basis of this evaluation, the Commission may, if appropriate, present proposals with a view to amending the EMCDDA Regulation.
Article 24 is a new Article repealing the basic 1993 EMCDDA Regulation from the day of entry into force of the recasting act.