Explanatory Memorandum to COM(2006)257 - Conclusion of the agreement with Turkey on the participation of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction - Main contents
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| dossier | COM(2006)257 - Conclusion of the agreement with Turkey on the participation of Turkey in the work of the European Monitoring Centre for ... |
|---|---|
| source | COM(2006)257  |
| date | 01-06-2006 |
The Commission proposes Council Decisions for conclusion, on behalf of the European Community, of the agreements on the participation of three candidate countries, namely Bulgaria, Romania and Turkey, in the European Monitoring Centre for Drugs and Drug Addiction. The Commission negotiated with Bulgaria, Romania and Turkey on the basis of the mandate given to it by the Council. The Commission concluded the negotiations with Bulgaria, Romania and Turkey with the initialling of the draft agreements in 2004.
2. PRE-ACCESSION STRATEGY
2.1. Agenda 2000
In Agenda 2000 the Commission expressed the view that the participation of the candidate countries in programmes implementing the acquis would provide “a useful preparation in familiarising the applicant countries and their citizens with the Union’s policies and working methods”. This is one of the principal means of increasing the candidate countries’ capacity to implement, as well as to transpose, the acquis .
2.2. The European Council Conclusions
The Luxembourg European Council (December 1997) made participation in programmes and Community agencies into an instrument of the enhanced pre-accession strategy, concluding that the candidate countries should be permitted to participate in Community agencies on a case-by-case basis.
As for Turkey, the Helsinki European Council (December 1999) reaffirmed the inclusive nature of the accession process comprising thirteen candidate countries within a single framework with the candidate countries participating in the accession process on an equal footing. Turkey is benefiting from a pre-accession strategy and will have the opportunity to participate in Community programmes and agencies in the context of the accession process.
3. COUNCIL DECISION AUTHORISING THE COMMISSION TO CONDUCT NEGOTIATIONS ON THE PARTICIPATION OF CANDIDATE COUNTRIES IN THE EUROPEAN MONITORING CENTRE FOR DRUGS AND DRUG ADDICTION
On the basis of the Commission proposal SEC (1878) 2000 of 24 July 2000, the Council decided on 19 March 2001 to authorise the Commission to conduct negotiations on the participation of the candidate countries in the European Monitoring Centre for Drugs and Drug Addiction. The objective was to enable the candidate countries to participate in the work of the Centre before their accession to the European Union. The negotiation directives state that the agreements should set out the conditions for the participation of the candidate countries in the work of the Centre. In particular, the agreements should provide that the candidate countries will not enjoy the right to vote at meetings of the Management Board, that they should contribute financially to the activities of the Centre and that appropriate clauses should be included concerning data protection, privileges and immunities to be accorded to the Centre and the jurisdiction of the European Court of Justice.
4. the negotiation S
The Commission has, on the basis of the mandate, negotiated with Bulgaria, Romania and Turkey. Draft bilateral agreements have been agreed and Bulgaria, Romania and Turkey and the Community are now proceeding to the ratification of the draft agreements.
5. DRAFT AGREEMENT
The Commission has agreed with Bulgaria, Romania and Turkey draft agreements granting them conditions for participation in the Centre similar to that governing the participation in the Centre of Norway.
The agreements state that Bulgaria, Romania and Turkey will take part in the Centre’s work programme and will satisfy the obligations of Council Regulation (EEC) No 302/93 as amended by Council Regulation (EC) No 3294/94, Council Regulation (EC) No 2220/2000 and Council Regulation (EC) No 1651/2003.
Bulgaria, Romania and Turkey will be linked to the European Information Network on Drugs and Drug Addiction (REITOX) and will share data with the Centre, subject to the data protection requirements of the Community and national laws. Bulgaria, Romania and Turkey will each contribute financially to the Centre to cover the cost of its participation. Bulgaria, Romania and Turkey will also participate in the Management Board of the Centre without the right to vote until such time as they become members of the Union.
The agreements are drafted for an unlimited period until Bulgaria, Romania and Turkey become members of the European Union.
The Parties will approve the agreement in accordance with their own procedures. It will enter into force when both Parties have notified each other that their respective procedures have been completed.
For its part, the Centre will treat Bulgaria, Romania and Turkey as existing Member States, through equal treatment in terms of linkage to the European Information Network on Drugs and Drug Addiction (REITOX) and staffing provisions.
6. CONCLUSION OF THE AGREEMENTS
6.1. Legal basis
Negotiations enabling the Centre to be opened to the participation of the applicant countries are possible under Article 13 of Council Regulation (EEC) 302/93 on the establishment of the European Monitoring Centre for Drugs and Drug Addiction.
Article 13 comprises the necessary rules on procedure for the opening of the Centre to countries which are not members of the Union but which share the interests of the Community and the Member States in the objectives and work of the Centre. Agreements concluded between such countries and the Community shall follow the procedure in Article 300 of the Treaty.
The European Commission has, on the basis of the Council negotiation directives, concluded the negotiations with Bulgaria, Romania and Turkey.
In order to proceed, the Commission is now proposing Council Decisions on conclusion of the agreements with the objective of allowing these countries to participate in the work of the European Monitoring Centre for Drugs and Drug Addiction.
6.2. Financial implications
According to the concluded negotiations, Bulgaria, Romania and Turkey will contribute financially to the European Monitoring Centre for Drugs and Drug Addiction to cover the cost of extending all Centre activities to these countries.
It is foreseen that Bulgaria, Romania and Turkey will be fully integrated in all Centre activities after a three year phase-in period. The financial contribution is therefore foreseen to increase during this period. Bulgaria, Romania and Turkey can obtain financial assistance from the relevant Community assistance programmes to subsidise part of their financial contribution to the Centre.
When the full work programme of the Centre is implemented, the yearly financial contribution from Bulgaria, Romania and Turkey to the Centre will amount to € 271,000 from each country. From 2008, the sum of € 271,000 will be increased by reference to the rate of increase of the Community subvention to the Centre.
7. Benefits of the Agreements
Benefits of the participation of Bulgaria, Romania and Turkey in the Centre are several:
- Participation in the Centre will assist Bulgaria, Romania and Turkey to adopt and implement the acquis concerning drugs in preparation for accession.
- Participation in the Centre will enable Bulgaria, Romania and Turkey to become familiar with the decision-making procedures of the centre and to contribute to the definition of the Work Programme;
- The Centre will be able to extend its reporting on the state of drug use and drug addiction to Bulgaria, Romania and Turkey.
- Participation will help to provide the Centre and its Member States, as well as Bulgaria, Romania and Turkey, with more extensive and better data concerning drugs and drug addiction in Europe. Data provided by Bulgaria, Romania and Turkey will undergo quality assessment and will be widely disseminated through the Centre’s Annual Report and internet website.
- Participation will enable the inclusion of Bulgaria, Romania and Turkey in the Early Warning System on New Synthetic Drugs developed by the Centre.
8. RECOMMENDATION
Negotiations have been concluded and agreement reached with Bulgaria, Romania and Turkey for their participation in the European Monitoring Centre for Drugs and Drug Addiction Centre on similar conditions as for Norway.
It is therefore possible for the Community to approve the conclusion of the bilateral agreements with Bulgaria, Romania and Turkey for their participation in the European Monitoring Centre for Drugs and Drug Addiction.