Explanatory Memorandum to COM(2010)21 - Conclusion of an Agreement with Croatia on the participation of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction

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- The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) is open to the participation of any third country which shares the interests of the Union and the Member States in the objectives and work of the Centre in accordance with Article 21 of Council Regulation (EC) No 1920/2006 of the European Parliament and the Council (recast).

- The Republic of Croatia applied to participate in the work of the EMCDDA in 2005. Following the Council negotiation directive of 11 July 2006, the negotiations were successfully concluded in July 2009 with the initialling of the Agreement. The Agreement was subsequently revised to take into account the entry into force of the Treaty on the functioning of the European Union (TFEU) and initialled by both parties on 22 December 2009.

- The content of the draft Agreement can be summarised as follows: The Republic of Croatia will take part in the Centre’s work programme and will satisfy the obligations of the Regulation (EC) No 1920/2006 of the European Parliament and the Council (recast). The Republic of Croatia will be linked to the European Information Network on Drugs and Drug Addiction (REITOX) and will share data with the EMCDDA, subject to the data protection requirements of the Union and national laws. The Republic of Croatia will contribute financially to the Union to cover the cost of its participation. The Republic of Croatia will also participate in the Management Board of the Centre without the right to vote until such time as it becomes a member of the European Union. For its part, the EMCDDA will treat the Republic of Croatia as an existing Member State, through equal treatment in terms of linkage to the European Information Network on Drugs and Drug Addiction (REITOX) and staffing provisions.

- The agreement is drafted for an unlimited period until the Republic of Croatia becomes a member of the European Union.

- Article 218 (6) (a) (v) of the Treaty on the Functioning of the European Union states that in the case of agreements covering fields to which the ordinary legislative procedure applies, the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament.

- The Commission therefore recommends to the Council, after obtaining the consent of the European Parliament, to adopt a decision concluding the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the EMCDDA.