30.12.2006 EN Official Journal of the European Union L 403/9 REGULATION (EC) No 1922/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 December 2006 on establishing a European Institute for Gender Equality THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 13(2) and 141(3) thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union set out a prohibition on any discrimination on grounds of sex and provide that equality between men and women must be ensured in all areas. (2) Article 2 of the Treaty provides that equality between men and women is one of the Community's essential tasks. Similarly, Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities and thus ensure the integration of the dimension of equality between men and women in all Community policies. (3) Article 13 of the Treaty empowers the Council to take appropriate action to combat discrimination inter alia on grounds of sex in all areas of Community competence. (4) The principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is enshrined in Article 141 of the Treaty and a comprehensive body of legislation on equal treatment of men and women in relation to access to employment and working conditions including equal pay is already in place. (5) The Commission's first annual report on equality between men and women to the Spring European Council in 2004 concluded that significant gender gaps exist in most policy fields, that inequality between men and women is a multi-dimensional phenomenon that has to be tackled by a comprehensive mix of policy measures and that enhanced efforts are needed to meet the Lisbon strategy targets. (6) The Nice European Council of 7-9 December 2000 called for ‘Increased awareness, the pooling of resources and the exchange of experience, in particular through the establishment of a European Institute for gender issues’. (7) The feasibility study (3) carried out for the Commission concluded that there is a clear role for a European Institute for Gender Equality to carry out some of the tasks with which the existing institutions do not currently deal, specifically in the areas of coordination, centralisation and dissemination of research data and information, network building, the raising of visibility of equality between men and women, highlighting the gender perspective and the development of tools for improved integration of gender equality in all Community policies. (8) The European Parliament in its Resolution of 10 March 2004 on the European Union's policies on gender equality (4) called on the Commission to speed up the efforts leading to the setting-up of an Institute. (9) The Council of Employment, Social Affairs, Health and Consumers Affairs of 1-2 June 2004 and the European Council of 17-18 June 2004 supported the establishment of a European Institute for Gender Equality. The European Council asked the Commission to bring forward a specific proposal. (10) The collection, analysis and dissemination of objective, reliable and comparable information and data on equality between men and women, the development of appropriate tools for the elimination of all forms of discrimination on grounds of sex and the integration of the gender dimension in all policy areas, the promotion of dialogue among stakeholders and the raising of awareness among EU citizens are necessary so as to enable the Community to effectively promote and implement gender equality policy, in particular in an enlarged Union. It is therefore appropriate to establish a European Institute for Gender Equality, which would assist the Community institutions and the Member States by carrying out those tasks. (11) Gender equality cannot be achieved by an anti-discrimination policy alone but requires measures to promote harmonious co-existence and balanced participation by men and women within society; the Institute should contribute to the attainment of that objective. (12) Given the importance of eliminating gender stereotypes in European society in all walks of life and of providing positive examples for women and men to follow, action to achieve those aims should also be included among the Institute's tasks. (13) Cooperation with the relevant authorities of the Member States and relevant statistical bodies, in particular Eurostat, is essential to promote the collection of comparable and reliable data at European level. Given that information on equality between men and women is relevant to all levels within the Community — local, regional, national and Community — it would be useful for such information to be available to Member States' authorities in order to help them formulate policies and measures at local, regional and national level in their spheres of competence. (14) The Institute should work as closely as possible with all Community programmes and bodies in order to avoid duplication and ensure the best possible use of resources, in particular as regards the European Foundation for the Improvement of Living and Working Conditions (5), the European Agency for Safety and Health at Work (6), the Centre for the Development of Vocational Training (7) and the European Union Agency for Fundamental Rights (8). (15) The Institute should develop cooperation and dialogue with non-governmental and equal opportunities organisations, research centres, social partners, and other related bodies actively seeking to achieve equality at national and European level and in third countries. In the interest of efficiency, it is appropriate for the Institute to set up and coordinate an electronic European Network on Gender Equality with such entities and experts in the Member States. (16) With a view to ensuring the necessary balance among the Member States and the continuity of the members of the Management Board, the representatives of the Council will be appointed for each term of office in accordance with the order of rotation of the Presidencies of the Council, commencing in 2007. (17) In accordance with Article 3(2) of the Treaty it is appropriate to promote a balanced participation of men and women in the composition of the Management Board. (18) The Institute should enjoy maximum independence in the performance of its tasks. (19) The Institute should apply the relevant Community legislation concerning public access to documents as set out in Regulation (EC) No 1049/2001 (9) and the protection of individuals with regard to the processing of personal data as set out in Regulation (EC) No 45/2001 (10). (20) Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (11), applies to the Institute. (21) For the contractual liability of the Institute, which is governed by the law applicable to the contracts concluded by the Institute, the Court of Justice should have jurisdiction to give judgment, pursuant to any arbitration clause, contained in the contract. The Court of Justice should also have jurisdiction in disputes relating to compensation for any damage arising from the non-contractual liability of the Institute. (22) An independent external evaluation should be undertaken to assess the impact of the Institute, the possible need to modify or extend its tasks and the timing of further such reviews. (23) Since the objectives of this Regulation, namely to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions and the authorities of the Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. (24) Article 13(2) of the Treaty permits the adoption of Community measures in order to support and promote the objective of combating discrimination on grounds of sex beyond the field of employment. Article 141(3) of the Treaty is the specific legal basis for measures aimed to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Therefore, Article 13(2) and Article 141(3) combined constitute the appropriate legal basis for adoption of this Regulation, HAVE ADOPTED THIS REGULATION: Article 1 Establishment of the Institute A European Institute for Gender Equality (hereinafter referred to as ‘the Institute’) is hereby established. Article 2 Objectives The overall objectives of the Institute shall be to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions, in particular the Commission, and the authorities of the Member States, as set out in Article 3. Article 3 Tasks 1. To meet the objectives set in Article 2, the Institute shall: (a) collect, analyse and disseminate relevant objective, comparable and reliable information as regards gender equality, including results from research and best practice communicated to it by Member States, Community institutions, research centres, national equality bodies, non-governmental organisations, social partners, relevant third countries and international organisations, and suggest areas for further research; (b) develop methods to improve the objectivity, comparability and reliability of data at European level by establishing criteria that will improve the consistency of information and take into account gender issues when collecting data; (c) develop, analyse, evaluate and disseminate methodological tools in order to support the integration of gender equality into all Community policies and the resulting national policies and to support gender mainstreaming in all Community institutions and bodies; (d) carry out surveys on the situation in Europe as regards gender equality; (e) set up and coordinate a European Network on Gender Equality, involving the centres, bodies, organisations and experts dealing with gender equality and gender mainstreaming in order to support and encourage research, optimise the use of available resources and foster the exchange and dissemination of information; (f) organise ad hoc meetings of experts to support the institute's research work, encourage the exchange of information among researchers and promote the inclusion of a gender perspective in their research; (g) in order to raise EU citizens' awareness of gender equality, organise, with relevant stakeholders, conferences, campaigns and meetings at European level, and present the findings and conclusions to the Commission; (h) disseminate information regarding positive examples of non-stereotypical roles for women and men in every walk of life, present its findings and initiatives designed to publicise and build on such success stories; (i) develop dialogue and cooperation with non-governmental and equal opportunities organisations, universities and experts, research centres, social partners and related bodies actively seeking to achieve equality at national and European level; (j) set up documentation resources accessible to the public; (k) make information on gender mainstreaming available to public and private organisations; and (l) provide information to the Community Institutions on gender equality and gender mainstreaming in the accession and candidate countries. 2. The Institute shall publish an annual report on its activities. Article 4 Areas of activity and working methods 1. The Institute shall carry out its tasks within the competences of the Community and in the light of the objectives adopted and priority areas identified in its annual programme, and with due regard to the available budgetary resources. 2. The work programme of the Institute shall be in line with the Community priorities in the field of gender equality and the work programme of the Commission, including its statistical and research work. 3. In pursuing its activities, the Institute shall, in order to avoid duplication and to ensure the best possible use of resources, take account of existing information from whatever source and in particular of activities already carried out by the Community institutions and by other institutions, bodies and competent national and international organisations and work closely with the competent Commission services, including Eurostat. The Institute shall ensure appropriate coordination with all relevant Community agencies and Union bodies to be determined in a memorandum of understanding where appropriate. 4. The Institute shall ensure that the information disseminated is comprehensible to the final users. 5. The Institute may enter into contractual relations, in particular subcontracting arrangements, with other organisations, in order to accomplish any tasks which it may entrust to them. Article 5 Legal personality and capacity The Institute shall have legal personality. It shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal persons under their laws. In particular, it may acquire or dispose of movable or immovable property and may be a party to legal proceedings. Article 6 Independence of the Institute The Institute shall carry out its activities independently in the public interest. Article 7 Access to documents 1. Regulation (EC) No 1049/2001 shall apply to documents held by the Institute. 2. The Management Board shall adopt arrangements for implementing Regulation (EC) No 1049/2001 within six months of the establishment of the Institute. 3. Decisions taken by the Institute pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively. 4. Regulation (EC) No 45/2001 shall apply to the processing of data by the Institute. Article 8 Cooperation with organisations at national and European level, international organisations and third countries 1. To help it carry out its tasks, the Institute shall cooperate with organisations and experts in the Member States, such as equality bodies, research centres, universities, non-governmental organisations, social partners as well as with relevant organisations at European or international level and third countries. 2. Should agreements with international organisations or with third countries prove necessary for the Institute to carry out its tasks efficiently, the Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into such agreements with the international organisations or with third countries in the interests of the Institute. This provision shall not preclude ad hoc cooperation with such organisations or third countries. Article 9 Composition of the Institute The Institute shall comprise: (a) a Management Board; (b) an Experts' Forum; (c) a Director and his or her staff. Article 10 Management Board 1. The Management Board shall consist of: (a) eighteen representatives appointed by the Council, on the basis of a proposal from each Member State concerned; (b) one member representing the Commission, appointed by the Commission; 2. The members of the Management Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant and transdisciplinary expertise in the area of gender equality. The Council and the Commission shall aim to achieve a balanced representation between men and women on the Management Board. Alternates who represent the member in his or her absence shall be appointed by the same procedure. The list of the members and alternates of the Management Board shall be published by the Council in the Official Journal of the European Union, on the website of the Institute and on other relevant websites. 3. The term of office shall be three years. For each term of office, the members appointed by the Council shall represent eighteen Members States in the order of the rotating Presidencies, one member being nominated by each Member State concerned. 4. The Management Board shall elect its Chairperson and Vice-Chairperson to serve for a period of three years. 5. Each member of the Management Board referred to under paragraph 1(a) or (b), or in his or her absence, his or her alternate, shall have one vote. 6. The Management Board shall take the decisions necessary for the operation of the Institute. In particular, it shall: (a) adopt, on the basis of a draft drawn up by the Director, as referred to in Article 12, after consultation with the Commission, the annual work programme and the medium term work programme, covering a three-year period, in accordance with the budget and the available resources; the programmes may be reviewed whenever necessary; the first annual work programme shall be adopted not later than nine months after the appointment of the Director; (b) adopt the annual report referred to in Article 3(2), comparing, in particular, the results achieved with the objectives of the annual work programme; this report shall be forwarded by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions and shall be published on the website of the Institute; (c) exercise disciplinary authority over the Director and appoint or dismiss him or her pursuant to Article 12; and (d) adopt the Institute's annual draft and final budgets. 7. The Management Board shall adopt the Institute's internal rules on the basis of a proposal drawn up by the Director after consultation with the Commission. 8. Decisions by the Management Board shall be taken by a majority of its members. The Chairperson shall have the casting vote. In the cases referred to in paragraph 6 and in Article 12(1), decisions shall be taken by a two-thirds majority of its members. 9. The Management Board shall adopt its rules of procedure on the basis of a proposal drawn up by the Director after consultation with the Commission. 10. The Chairperson shall convene the Management Board at least once a year. The Chairperson shall convene additional meetings on his or her own initiative or at the request of one-third of the members of the Management Board. 11. The Institute shall forward annually to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) any information relevant to the outcome of the evaluation procedures. 12. The Directors of the European Foundation for the Improvement of Living and Working Conditions, the European Agency for Safety and Health at Work, the Centre for the Development of Vocational Training and of the European Union Agency for Fundamental Rights may as appropriate be invited to attend meetings of the Management Board as observers in order to coordinate the respective working programmes as regards gender mainstreaming. Article 11 Experts' Forum 1. The Experts' Forum shall be composed of members from competent bodies specialised in gender equality issues, on the basis of one representative designated by each Member State, two members representing other relevant organisations specialised in gender equality issues designated by the European Parliament, as well as three members designated by the Commission and representing interested parties at European level, with one representative each from: (a) an appropriate non-governmental organisation at Community level which has a legitimate interest in contributing to the fight against discrimination on grounds of sex and the promotion of gender equality; (b) employers' organisations at Community level; and (c) workers' organisations at Community level. The Member States and the Commission shall aim to achieve a balanced representation between men and women in the Experts' Forum. Members may be replaced by alternates, appointed at the same time. 2. Members of the Experts' Forum shall not be members of the Management Board. 3. The Experts' Forum shall support the Director in ensuring the excellence and independence of activities of the Institute. 4. The Experts' Forum shall constitute a mechanism for an exchange of information in relation to gender equality issues and the pooling of knowledge. It shall ensure close cooperation between the Institute and competent bodies in the Member States. 5. The Experts' Forum shall be chaired by the Director or, in his/her absence, by a deputy from within the Institute. It shall meet regularly at the invitation of the Director, or at the request of at least a third of its members, and at least once per year. Its operational procedures shall be specified in the Institute's internal rules and shall be made public. 6. Representatives of the Commission's departments shall participate in the work of the Experts' Forum. 7. The Institute shall provide the technical and logistic support necessary for the Experts' Forum and provide a secretariat for its meetings. 8. The Director may invite experts or representatives of relevant economic sectors, employers, trade unions, professional or research bodies, or non-governmental organisations with recognised experience in disciplines related to the work of the Institute to cooperate in specific tasks and to take part in the relevant activities of the Experts' Forum. Article 12 Director 1. The Institute shall be headed by a Director appointed by the Management Board on the basis of a list of candidates proposed by the Commission after an open competition, following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest. Before being appointed, the candidate selected by the Management Board shall be asked to make a declaration before the competent committee(s) of the European Parliament and answer questions from its/their members. 2. The Director's term of office shall be 5 years. On a proposal from the Commission and after evaluation, that term of office may be extended once for a period of not more than 5 years. In the evaluation, the Commission shall assess in particular: (a) the results achieved in the first term of office and the way they were achieved, (b) the Institute's duties and requirements in the coming years. 3. The Director shall be responsible, under the supervision of the Management Board, for: (a) performance of the tasks referred to in Article 3; (b) preparing and implementing the Institute's annual and medium-term programmes of activities; (c) preparing the meetings of the Management Board and the Experts' Forum; (d) preparing and publishing the annual report referred to in Article 3(2); (e) all staff-related matters, and in particular exercising the powers provided for in Article 13(3); (f) matters of day-to-day administration; and (g) the implementation of effective monitoring and evaluation procedures relating to the performance of the Institute against its objectives according to professionally recognised standards. The Director shall report annually to the Management Board on the results of the monitoring system. 4. The Director shall be accountable for the management of his/her activities to the Management Board and shall take part in its meetings without voting rights. He/she may also be invited by the European Parliament to report during a hearing on significant issues linked to the Institute's activities. 5. The Director shall be the Institute's legal representative. Article 13 Staff 1. The Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, ECSC, Euratom) No 259/68 (12) and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Institute. 2. The Management Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations. The Management Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Institute. 3. The Institute shall exercise in respect of its staff the powers devolved to the appointing authority. Article 14 Drawing up of the budget 1. Estimates of all the revenue and expenditure of the Institute shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Institute. 2. The revenue and expenditure shown in the budget of the Institute shall be in balance. 3. The revenue of the Institute shall, without prejudice to other resources, comprise: (a) a subsidy from the Community, entered in the general budget of the European Union (Commission section); (b) payments received for services rendered; (c) any financial contributions from the organisations or third countries referred to in Article 8; and (d) any voluntary contribution from the Member States. 4. The expenditure of the Institute shall include staff remuneration, administrative and infrastructure costs and operating expenses. 5. Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Institute for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest. 6. The estimate shall be forwarded by the Commission to the budgetary authority together with the preliminary draft general budget of the European Union. 7. On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty. 8. The budgetary authority shall authorise the appropriations for the subsidy to the Institute and shall adopt the establishment plan for the Institute. 9. The budget of the Institute shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly. 10. The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project. Article 15 Implementation of the budget 1. The Director shall implement the budget of the Institute. 2. By 1 March at the latest following each financial year, the Institute's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Regulation (EC, Euratom) No 1605/2002. 3. By 31 March at the latest following each financial year, the Commission's accounting officer shall forward the Institute's provisional accounts to the Court of Auditors, together with the report mentioned in paragraph 2. The report shall also be forwarded to the European Parliament and the Council. 4. On receipt of the Court of Auditors' observations on the Institute's provisional accounts, pursuant to Article 129 of the Regulation (EC, Euratom) No 1605/2002, the Director shall draw up the Institute's final accounts under his or her own responsibility and forward them to the Management Board for an opinion. 5. The Management Board shall deliver an opinion on the Institute's final accounts. 6. By 1 July at the latest following each financial year, the Director shall forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion. 7. The final accounts shall be published. 8. The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He or she shall also send that reply to the Management Board. 9. The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Regulation (EC, Euratom) No 1605/2002. 10. By 30 April of year N + 2, the European Parliament, on a recommendation from the Council acting by a qualified majority, shall give a discharge to the Director in respect of the implementation of the budget for year N. 11. The financial rules applicable to the Institute shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Regulation (EC, Euratom) No 2343/2002 unless specifically required for the Institute's operation and with the Commission's prior consent. Article 16 Languages 1. The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community (13) shall apply to the Institute. 2. The translation services required for the functioning of the Institute shall, in principle, be provided by the Translation Centre for the Bodies of the European Union set up by Council Regulation (EC) No 2965/94 (14). Article 17 Privileges and immunities The Protocol on the Privileges and Immunities of the European Communities shall apply to the Institute. Article 18 Liability 1. The contractual liability of the Institute shall be governed by the law applicable to the contract in question. The Court of Justice shall have jurisdiction pursuant to an arbitration clause contained in any contracts concluded by the Institute. 2. In the case of non-contractual liability, the Institute shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by the Institute or its servants in the performance of their duties. The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage. Article 19 Participation of third countries 1. The Institute shall be open to the participation of countries which have concluded agreements with the European Community by virtue of which they have adopted and apply Community legislation in the field covered by this Regulation. 2. Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which those countries are to participate in the Institute's work, including provisions relating to participation in the initiatives undertaken by the Institute, financial contributions and staff. As regards staff matters, those agreements shall, at all events, be in accordance with the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities. Article 20 Evaluation 1. By 18 January 2010, the Institute shall commission an independent external evaluation of its achievements on the basis of terms of reference issued by the Management Board in agreement with the Commission. The evaluation shall assess the impact of the Institute on the promotion of gender equality and shall include an analysis of the synergy effects. It shall, in particular, address the possible need to modify or extend the tasks of the Institute, including the financial implications of any such modification or extension of the tasks. Such evaluation shall also examine the appropriateness of the management structure in carrying out the Institute's tasks. The evaluation shall take into account the views of the stakeholders, at both Community and national level. 2. The Management Board, in agreement with the Commission, shall decide the timing of future evaluations, taking into account the results of the evaluation report mentioned in paragraph 1. Article 21 Review clause The Management Board shall examine the conclusions of the evaluation mentioned in Article 20 and issue to the Commission such recommendations as may be necessary regarding changes in the Institute, its working practices and remit. The Commission shall forward the evaluation report and the recommendations to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public. After examination of the evaluation report and the recommendations, the Commission may submit any proposals which it deems necessary concerning this Regulation. Article 22 Administrative control The operations of the Institute shall be subject to the supervision of the Ombudsman in accordance with the provisions of Article 195 of the Treaty. Article 23 Start of the Institute's activities The Institute shall be operational as soon as possible and in any event not later than 19 January 2008. Article 24 Entry into force This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2006. For the European Parliament The President J. BORRELL FONTELLES For the Council The President J. KORKEAOJA (1) OJ C 24, 31.1.2006, p. 29. (2) Opinion of the European Parliament of 14 March 2006 (not yet published in the Official Journal), Council Common Position of 18 September 2006 (OJ C 295 E, 5.12.2006, p. 57) and Position of the European Parliament of 14 December 2006 (not yet published in the Official Journal). Council Decision of 19 December 2006. (3) European Commission Feasibility Study for a European Gender Institute (conducted by PLS Ramboll Management, DK, 2002). (4) OJ C 102 E, 28.4.2004, p. 638. (5) Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (OJ L 139, 30.5.1975, p. 1). Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1). (6) Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (OJ L 216, 20.8.1994, p. 1). Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5). (7) Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (OJ L 39, 13.2.1975, p. 1). Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1). (8) Member States meeting in the framework of the European Council in December 2003 requested the Commission to prepare a proposal for a human rights agency by extending the mandate of the European Monitoring Centre on Racism and Xenophobia. (9) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). (10) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and of the free movement of such data (OJ L 8, 12.1.2001, p. 1). (11) OJ L 357, 31.12.2002, p. 72. (12) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1). (13) OJ 17, 6.10.1958, p. 385. Regulation as last amended by Regulation (EC) No 920/2005 (OJ L 156, 18.6.2005, p. 3). (14) Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1). Regulation as last amended by Regulation (EC) No 920/2005.

Summary: European Institute for Gender Equality (EIGE) European Institute for Gender Equality (EIGE) SUMMARY OF: Regulation (EC) No 1922/2006 on establishing a European Institute for Gender Equality WHAT IS THE AIM OF THE REGULATION? It establishes the European Institute for Gender Equality (EIGE) which assists the European Union institutions and the EU Member States with integrating the principle of gender equality into their policies and with combating discrimination based on sex. KEY POINTS Aims of EIGE The institute brings its technical expertise to the European Union (EU) institutions and the Member States in order to help to: promote and strengthen gender equality; include gender mainstreaming in all EU policies and resulting national policies; fight discrimination based on sex; raise EU citizens’ awareness about gender equality and the need to address violence against women. EIGE’s work The institute bases its work on objective, comparable and reliable data at European level. It is responsible for collecting, analysing and disseminating information on gender equality. It develops: methods to improve the objectivity, comparability and reliability of data at European level by establishing criteria to improve the consistency of information and take into account gender issues when collecting data;dialogue and cooperation with non-governmental and equal opportunities organisations, universities and experts, research centres, social partners and related bodies actively seeking to achieve equality at national and European level. It develops, analyses, evaluates and disseminates methodological tools to support gender mainstreaming in all EU and national policies. It carries out surveys on the gender equality situation in Europe. It organises meetings of experts to support the institute’s research work, encourages information-sharing among researchers and promotes the inclusion of a gender perspective in their research. It disseminates information regarding positive examples of non-stereotypical roles for women and men in every walk of life, and presents its findings and initiatives designed to publicise and build on these success stories. To raise EU citizens’ awareness of gender equality, it organises conferences, campaigns and meetings at European level, and sets up documentation resources accessible to the public. Operation The institute performs its tasks in an independent and transparent manner. It is steered by a Management Board, headed by a director and assisted by an Experts’ Forum. Its seat is in Vilnius (Lithuania). In particular, EIGE works closely with the European Foundation for the Improvement of Living and Working Conditions (see summary), the European Agency for Safety and Health at Work (see summary), the European Centre for the Development of Vocational Training (see summary) and the European Union Agency for Fundamental Rights (see summary). Budget Each year, the institute draws up an estimate of all the revenue and expenditure, which must be in balance. This estimate, which must include a draft establishment plan, is forwarded by the Management Board to the European Commission by 31 March at the latest. The estimate is then forwarded to the EU’s budgetary authority (comprising the European Parliament and the Council of the European Union), together with the preliminary draft budget of the EU. On the basis of this estimate, the Commission enters in the preliminary draft general budget of the EU the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the EU’s general budget, which it then submits to the budgetary authority. In accordance with the multiannual financial framework for the period in question, the budgetary authority authorises the appropriations for the annual subsidy from the EU’s general budget and adopts the establishment plan. EIGE’s budget is adopted by its Management Board and becomes final following final adoption of the EU budget. It is adjusted accordingly where necessary. EIGE’s other sources of revenue may include payments received for services rendered, any financial contributions from international organisations or non-EU countries, and any voluntary contribution from the Member States. FROM WHEN DOES THE REGULATION APPLY? It has applied since 19 January 2007. BACKGROUND Gender equality is a fundamental right under the Treaty of Lisbon and one of the EU’s priority policy areas. However, further progress must be made in order to achieve real gender equality in the spheres of both professional and private life. In this respect, EIGE plays a significant role in providing the expertise needed to support the development of gender equality policies across the EU. For further information, see: Our work (European Institute for Gender Equality). MAIN DOCUMENT Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (OJ L 403, 30.12.2006, pp. 9–17). Successive amendments to Regulation (EC) No 1922/2006 have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2019/126 of the European Parliament and of the Council of 16 January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94 (OJ L 30, 31.1.2019, pp. 58–73). Regulation (EU) 2019/127 of the European Parliament and of the Council of 16 January 2019 establishing the European Foundation for the improvement of living and working conditions (Eurofound), and repealing Council Regulation (EEC) No 1365/75 (OJ L 30, 31.1.2019, pp. 74–89). Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 (OJ L 30, 31.1.2019, pp. 90–105). Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, pp. 1–14). last update 14.12.2021


27.12.2006 EN Official Journal of the European Union L 376/1 REGULATION (EC) No 1920/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) At its meeting in Luxembourg on 28 and 29 June 1991, the European Council, approved the setting-up of a European Drugs Monitoring Centre. Such a body, named the European Centre for Drugs and Drug Addiction (‘the Centre’), was established by Council Regulation (EEC) No 302/93 of 8 February 1993 (3), which has been substantially amended several times (4). Since further amendments are to be made, it should, in the interests of clarity, be recast. (2) Factual, objective, reliable and comparable information concerning drugs, drug addiction and their consequences is required at Community level to help provide the Community and the Member States with an overall view and thus give them added value when, in their respective areas of competence, they take measures or decide on action to combat drugs. (3) The drug phenomenon comprises many complex and closely interwoven aspects which cannot easily be dissociated. Therefore, the Centre should be entrusted with the task of furnishing general information which will help to provide the Community and its Member States with an overall view of the drug and drug addiction phenomenon. This task should not prejudice the allocation of powers between the Community and its Member States with regard to legislative provisions concerning drug supply and demand. (4) By means of Decision No 2367/2002/EC of 16 December 2002 (5), the European Parliament and the Council established the Community statistical programme for the period from 2003 to 2007, which includes the Community's actions on statistics in the field of health and safety. (5) Council Decision 2005/387/JHA of 10 May 2005 on information exchange, risk-assessment and control of new psychoactive substances (6) sets out the role of the Centre and its Scientific Committee in the rapid information system and in the assessment of the risks of new substances. (6) Account should be taken of new methods of use, especially poly-drug use, where illicit drugs are taken in combination with licit drugs or medication. (7) It should be one of the Centre's tasks to provide information on best practices and guidelines in the Member States and to facilitate the exchange of such practices among them. (8) The Council Resolution of 10 December 2001 on the implementation of the five key epidemiological indicators on drugs urges Member States to ensure, making use of national focal points, that comparable information on those indicators is available. The implementation by Member States of those indicators is a precondition for the Centre to perform its tasks as set out in this Regulation. (9) It is desirable for the Commission to be able to entrust the Centre directly with the implementation of Community structural assistance projects relating to drug information systems in third countries such as the candidate countries or the countries of the western Balkans which have been authorised by the European Council to participate in Community programmes and agencies. (10) The way in which the Centre is organised and its working methods should be consistent with the objective nature of the results sought, namely the comparability and compatibility of sources and methods in connection with drug information. (11) The information compiled by the Centre should concern priority areas, the content, scope and implementing arrangements of which should be defined. (12) There are national, European and international organisations and bodies that already supply information of this kind, and it is necessary for the Centre to be able to carry out its tasks in close cooperation with them. (13) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) should apply to the processing of personal data by the Centre. (14) The Centre should also apply the general principles and limits governing the right of access to documents as provided for in Article 255 of the Treaty and defined by Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (8). (15) The Centre should have legal personality. (16) In view of its size, the Centre's Management Board should be assisted by an Executive Committee. (17) In order to ensure that the European Parliament is well informed of the state of the drugs phenomenon in the European Union, it should have the right to question the Centre's Director. (18) The Centre's work should be conducted in a transparent fashion and its management should be subject to all existing good governance and anti-fraud rules, in particular Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (9) and the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF) (10) to which the Centre has acceded and the necessary implementing provisions of which it has adopted. (19) An external evaluation of the Centre's work should be conducted on a regular basis, and this Regulation should be adapted accordingly, if needed. (20) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can, by reason of the scale and effects of this Regulation, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. (21) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, HAVE ADOPTED THIS REGULATION: Article 1 Objective 1. This Regulation provides for the European Monitoring Centre for Drugs and Drug Addiction (‘the Centre’). 2. The Centre's objective is to provide, in the areas referred to in Article 3, the Community and its Member States with factual, objective, reliable and comparable information at European level concerning drugs and drug addiction and their consequences. 3. The statistical, documentary and technical information processed or produced is intended to help provide the Community and the Member States with an overall view of the drug and drug addiction situation when, in their respective areas of competence, they take measures or decide on action. The statistical element of this information shall be developed, in collaboration with the relevant statistical authorities, using as necessary the Community Statistical Programme to promote synergy and avoid duplication. Account shall be taken of further data from the World Health Organisation and the United Nations Organisation (the ‘UN’) available worldwide. 4. Without prejudice to Article 2(d)(v), the Centre may not take any measure which goes beyond the sphere of information and the processing thereof. 5. The Centre shall not collect any data making it possible to identify individuals or small groups of individuals. It shall refrain from any transmission of information relating to specific named cases. Article 2 Tasks In order to achieve the objective set out in Article 1, the Centre shall perform the following tasks within its areas of activity: (a) Collection and analysis of existing data (i) collecting, registering and analysing information, including data resulting from research, communicated by Member States and data emanating from Community, non-governmental national sources and competent international organisations, including the European Police Office (Europol); providing information on best practices in the Member States and facilitating the exchange of such practices among them; this collection, registration, analysis and information work shall also cover data on emerging trends in poly-drug use, including the combined use of licit and illicit psychoactive substances; (ii) carrying out surveys, preparatory studies and feasibility studies, together with any pilot projects necessary to accomplish its tasks; organising meetings of experts and, whenever necessary, setting up ad hoc working parties for the purpose; setting up and making available open scientific documentation resources and assisting in the promotion of information activities; (iii) providing an organisational and technical system capable of supplying information on similar or complementary programmes or action pursued by the Member States; (iv) establishing and coordinating, in consultation and in cooperation with the competent authorities and organisations in the Member States, the network referred to in Article 5; (v) facilitating exchanges of information between decision-makers, researchers, specialists and those involved in drugs-related issues in governmental and non-governmental organisations; (b) Improvement of data-comparison methods (i) ensuring improved comparability, objectivity and reliability of data at European level by establishing indicators and common criteria of a non-binding nature, compliance with which may be recommended by the Centre, with a view to ensuring greater uniformity of the measurement methods used by the Member States and the Community; in particular, the Centre shall develop tools and instruments to help Member States to monitor and evaluate their national policies and the Commission to monitor and evaluate Union policies; (ii) facilitating and structuring information exchange in terms of both quality and quantity (databases); (c) Dissemination of data (i) making the information produced by it available to the Community, the Member States and competent organisations; (ii) ensuring wide dissemination of work done in each Member State and by the Community itself, and, where appropriate, by third countries or international organisations; (iii) ensuring wide dissemination of reliable non-confidential data, publishing on the basis of data which it gathers, a yearly report on the state of the drugs problem, including data on emerging trends; (d) Cooperation with European and international bodies and organisations and with third countries (i) contributing to improving coordination between national and Community action in its areas of activity; (ii) without prejudice to Member States' obligations with regard to transmission of information under the provisions of the United Nations Conventions on drugs, promoting the incorporation of data on drugs and drug addiction gathered in the Member States or emanating from the Community into international monitoring and drug-control programmes, particularly those established by the UN and its specialised agencies; (iii) cooperating actively with Europol to attain maximum efficiency in monitoring the drugs problem; (iv) cooperating actively with the organisations and bodies referred to in Article 20; (v) transferring, at the request of the Commission and with the approval of the Management Board referred to in Article 9, its know-how to certain third countries such as candidate countries or the countries of the western Balkans and assist in the creation and strengthening of structural links with the network referred to in Article 5 and the setting-up and consolidation of the national focal points referred to in that Article; (e) Information obligations In principle, the Centre shall, if it identifies new developments and changing trends, inform the competent authorities of the Member States thereof. Article 3 Priority areas of activity The objective and tasks of the Centre, as set out in Articles 1 and 2, shall be implemented following the order of priorities indicated in Annex I. Article 4 Working method 1. The Centre shall progressively carry out its tasks in the light of the objectives adopted in the three-year and annual work programmes referred to in Article 9(4) and (5) and with due regard to the available resources. 2. In pursuing its activities, the Centre shall, in order to avoid duplication, take account of activities already carried out by other existing or future institutions and agencies, notably Europol, and shall ensure that it adds to their value. Article 5 European Information Network on Drugs and Drug Addiction (Reitox) 1. The Centre shall have at its disposal the European Information Network on Drugs and Drug Addiction (Reitox). The network shall consist of one focal point for each Member State and each country which has concluded an agreement pursuant to Article 21 and a focal point for the Commission. The designation of the national focal points shall be the exclusive responsibility of the countries concerned. 2. The national focal points shall form an interface between the participating countries and the Centre. They shall contribute to the establishment of key indicators and data, including guidelines for their implementation with a view to obtaining reliable and comparable information at European Union level. They shall collect and analyse in an objective manner at national level, bringing together experience from different sectors – health, justice, law enforcement – in cooperation with experts and national organisations active in the field of drugs policy, all relevant information on drugs and drug addiction, as well as on policies and solutions applied. In particular, they shall provide data for the five epidemiological indicators specified by the Centre. Each Member State shall ensure that its representative in the Reitox Network provides the information set out in Article 4(1) of Decision 2005/387/JHA. The national focal points may also provide the Centre with information on new trends in the use of existing psychoactive substances and/or new combinations of psychoactive substances which pose a potential risk to public health as well as information on possible measures related to public health. 3. The national authorities shall ensure the operation of their focal point for the collection and analysis of data at national level on the basis of guidelines adopted with the Centre. 4. The specific tasks allocated to the national focal points shall appear in the Centre's three-year programme as referred to in Article 9(4). 5. While fully respecting the primacy of the national focal points, and in close cooperation with them, the Centre may have recourse to additional expertise and sources of information in the field of drugs and drug addiction. Article 6 Protection and confidentiality of data 1. Data on drugs and drug addiction provided to or by the Centre may be published subject to compliance with Community and national rules on the dissemination and confidentiality of information. Personal data may not be published or made accessible to the public. Member States and the national focal points shall be under no obligation to provide information classified as confidential under their national law. 2. Regulation (EC) No 45/2001 shall apply to the Centre. Article 7 Access to documents 1. Regulation (EC) No 1049/2001 shall apply to documents held by the Centre. 2. The Management Board referred to in Article 9 shall adopt the arrangements for implementing Regulation (EC) No 1049/2001. 3. Decisions taken by the Centre pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice of the European Communities, under the conditions laid down in Articles 195 and 230 of the Treaty respectively. Article 8 Legal capacity and location 1. The Centre shall have legal personality. In each of the Member States, it shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. 2. The seat of the Centre shall be located in Lisbon. Article 9 Management Board 1. The Centre shall have a Management Board consisting of one representative from each Member State, two representatives from the Commission, two independent experts particularly knowledgeable in the field of drugs designated by the European Parliament and one representative from each country which has concluded an agreement pursuant to Article 21. Each member of the Management Board shall have one vote, except for the representatives of the countries which have concluded agreements pursuant to Article 21, who shall not have the right to vote. The decisions of the Management Board shall be taken by a two-thirds majority of the members with a right to vote, except in the cases provided for in paragraph 6 of this Article and in Article 20. Each member of the Management Board may be assisted or represented by a substitute. Where a full member who has the right to vote is absent, his or her substitute may exercise that right. The Management Board may invite as non-voting observers representatives of international organisations with which the Centre cooperates in accordance with Article 20. 2. The Chairperson and Vice-Chairperson of the Management Board shall be elected from amongst and by its members for a three-year period. Their terms of office shall be renewable once. The Chairperson and Vice-Chairperson shall have the right to take part in the voting. The Management Board shall draw up its own rules of procedure. 3. The meetings of the Management Board shall be convened by its Chairperson. It shall hold an ordinary meeting at least once a year. The Centre's Director, as referred to in Article 11, shall take part in the meetings of the Management Board, without voting rights, and shall, under Article 11(3), provide for the Board's Secretariat. 4. The Management Board shall adopt a three-year work programme on the basis of a draft submitted by the Director, after consulting the Scientific Committee referred to in Article 13 and obtaining the opinion of the Commission, and shall forward it to the European Parliament, the Council and the Commission. 5. Under the three-year work programme, the Management Board shall adopt each year the Centre's annual work programme on the basis of a draft submitted by the Director, after consulting the Scientific Committee and obtaining the opinion of the Commission. The work programme shall be forwarded to the European Parliament, the Council and the Commission. It may be adjusted in the course of the year in accordance with the same procedure. 6. Where the Commission expresses its disagreement with the three-year or annual work programme, those programmes shall be adopted by the Management Board by a three-fourths majority of the members with a right to vote. 7. The Management Board shall adopt the annual report on the Centre's activities and forward it by 15 June to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States. 8. The Centre shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures. Article 10 Executive Committee 1. The Management Board shall be assisted by an Executive Committee. The Executive Committee shall be made up of the Chairperson and the Vice-Chairperson of the Management Board, two other members of the Management Board representing the Member States and appointed by the Management Board and two Commission representatives. The Director shall take part in meetings of the Executive Committee. 2. The Executive Committee shall meet at least twice a year and whenever necessary to prepare the decisions of the Management Board and to assist and advise the Director. It shall decide on behalf of the Management Board on those matters provided for in the financial rules adopted pursuant to Article 15(10) that are not reserved to the Management Board by this Regulation. Decisions shall be adopted by consensus. Article 11 Director 1. The Centre shall be headed by a Director appointed by the Management Board on a proposal from the Commission for a five-year term, which shall be renewable. 2. Before appointment to a first term, out of a maximum of two terms, the candidate selected by the Management Board for the post of Director shall be invited without delay to make a statement before the European Parliament and answer questions put by members of that institution. 3. The Director shall be responsible for: (a) preparing and implementing the decisions and programmes adopted by the Management Board, (b) day-to-day administration, (c) preparing the Centre's work programmes, (d) the preparation of the draft estimate of the Centre's revenue and expenditure and the implementation of the budget, (e) the preparation and publication of the reports provided for in this Regulation, (f) managing all staff-related matters, and in particular exercising the powers which are devolved on the appointing authority, (g) defining the Centre's organisational structure and submitting it to the Management Board for approval, (h) the performance of the tasks referred to in Articles 1 and 2, (i) carrying out a regular assessment of the Centre's work. 4. The Director shall be accountable for his activities to the Management Board. 5. The Director shall be the Centre's legal representative. Article 12 Hearing of the Director and of the Chairperson of the Management Board before the European Parliament Each year the Director shall submit to the European Parliament the general report on the Centre's activities. The European Parliament may also ask for a hearing with the Director and the Chairperson of the Management Board on any subject related to the Centre's activities. Article 13 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 published. 2. The Scientific Committee shall consist of at most fifteen well-known scientists appointed in view of their scientific excellence and their independence by the Management Board, following the publication of a call for expressions of interest in the Official Journal of the European Union. The selection procedure shall ensure that the specialist fields of the members of the Scientific Committee cover the most relevant scientific fields linked to the problems of drugs and drug addiction. The members of the Scientific Committee shall be appointed in a personal capacity and shall give their opinions completely independently of the Member States and the Community Institutions. The Scientific Committee shall take into account the various positions expressed in national expert opinions, if available, before delivering any opinion. For the purpose of implementing Decision 2005/387/JHA, the Scientific Committee may be extended following the procedure laid down in Article 6(2) of that Decision. 3. Members shall serve on the Scientific Committee for a three-year period, which shall be renewable. 4. The Scientific Committee shall elect its chairperson for a three-year period. It shall be convened by its chairperson at least once a year. Article 14 Drawing up of the budget 1. Estimates of all the revenue and expenditure of the Centre shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Centre. 2. The revenue and expenditure shown in the budget shall be in balance. 3. 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 Union (Commission Section), payments for services rendered and any financial contributions from the organisations and bodies and third countries referred to in Articles 20 and 21 respectively. 4. The Centre's expenditure shall include: (a) staff remuneration, administrative and infrastructure expenses, and operating costs; (b) expenditure in support of the Reitox focal points. 5. Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Centre for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March, together with the Centre's work programme. The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) together with the preliminary draft general budget of the European Union. 6. On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty. 7. The budgetary authority shall authorise the appropriations for the subsidy to the Centre and shall adopt the establishment plan for the Centre. 8. The budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly. 9. The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of the budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project. Article 15 Implementation of the budget 1. The Director shall implement the Centre's budget. 2. By 1 March following each financial year, the Centre's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (11) (hereinafter referred to as ‘the general Financial Regulation’). 3. By 31 March following each financial year, the Commission's accounting officer shall forward the Centre's provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for the financial year shall also be forwarded to the European Parliament and to the Council. 4. On receipt of the Court of Auditors' observations on the Centre's provisional accounts, pursuant to Article 129 of the general Financial Regulation, the Director shall draw up the Centre's final accounts under his own responsibility and submit them to the Management Board for an opinion. 5. The Management Board shall deliver an opinion on the Centre's final accounts. 6. The Director shall, by 1 July following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion. The final accounts shall be published. 7. The Director shall send the Court of Auditors a reply to its observations by 30 September. He shall also send this reply to the Management Board. 8. The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the general Financial Regulation. 9. The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the Director in respect of the implementation of the budget for year N. 10. The financial rules applicable to the Centre shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 (12) on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 unless specifically required for the Centre's operation and with the Commission's prior consent. Article 16 Combating fraud 1. In order to combat fraud, corruption and any other illegal activities affecting the Communities' financial interests, the provisions of Regulation (EC) No 1073/1999 shall apply without restriction to the Centre. 2. The decisions concerning funding and the implementing agreements and instruments resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks at the premises of the recipients of the Centre's funding. Article 17 Privileges and immunities The Protocol on the Privileges and Immunities of the European Communities shall apply to the Centre. Article 18 Staff Regulations The Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities and the rules adopted jointly by the Community Institutions for the purpose of applying those Staff Regulations and Conditions of Employment shall apply to the staff of the Centre. Where it engages staff from third countries following the conclusion of the agreements referred to in Article 21, the Centre shall, in any event, comply with the Staff Regulations and Conditions of Employment referred to in paragraph 1 of this Article. 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 in accordance with the Staff Regulations, Article 110, and the Conditions of Employment referred to in paragraph 1. The Management Board may adopt provisions to allow national experts from other Member States to be employed on secondment at the Centre. Article 19 Liability 1. The contractual liability of the Centre shall be governed by the law applicable to the contract in question. The Court of Justice 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 staff in the performance of their duties. The Court of Justice shall have jurisdiction in disputes relating to the compensation of any such damage. 3. The personal liability of its staff towards the Centre shall be governed by the provisions applying to the staff of the Centre. Article 20 Cooperation with other organisations and bodies Without prejudice to relations which the Commission may maintain pursuant to Article 302 of the Treaty, the Centre shall actively seek to cooperate with international organisations and other, particularly European, governmental and non-governmental bodies competent in the sector of drugs. Such cooperation shall be based on working arrangements concluded with the organisations and bodies referred to in the first paragraph. Those arrangements shall be adopted by the Management Board on the basis of a draft submitted by the Director and after the Commission has delivered an opinion. Where the Commission expresses its disagreement with these arrangements, the Management Board shall adopt them by a three-fourths majority of the members with a right to vote. Article 21 Participation of third countries The Centre shall be open to the participation of any third country that shares the interest of the Community and of its Member States in the Centre's objectives and work, on the basis of agreements entered into between such third countries and the Community on the basis of Article 300 of the Treaty. Article 22 Jurisdiction of the Court of Justice The Court of Justice shall have jurisdiction in actions brought against the Centre under Article 230 of the Treaty. Article 23 Evaluation report The Commission shall initiate an external evaluation of the Centre every six years to coincide with the completion of two of the Centre's three-year work programmes. Such evaluations shall also include the Reitox system. The Commission shall forward the evaluation report to the European Parliament, the Council and the Management Board. In that context, the Commission shall, if appropriate, present a proposal for revision of the provisions of this Regulation in the light of developments in respect of regulatory agencies, in accordance with the procedure laid down in Article 251 of the Treaty. Article 24 Repeal Regulation (EEC) No 302/93 is hereby repealed. References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III. Article 25 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 12 December 2006. For the European Parliament The President J. BORRELL FONTELLES For the Council The President M. PEKKARINEN (1) OJ C 69, 21.3.2006, p. 22. (2) Opinion of the European Parliament delivered on 14 June 2006 (not yet published in the Official Journal). (3) OJ L 36, 12.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30). (4) See Annex II. (5) OJ L 358, 31.12.2002, p. 1. Decision as amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12). (6) OJ L 127, 20.5.2005, p. 32. (7) OJ L 8, 12.1.2001, p. 1. (8) OJ L 145, 31.5.2001, p. 43. (9) OJ L 136, 31.5.1999, p. 1. (10) OJ L 136, 31.5.1999, p. 15. (11) OJ L 248, 16.9.2002, p. 1. (12) OJ L 357, 31.12.2002, p. 72. ANNEX I A. The work of the Centre shall be carried out with due regard to the respective powers of the Community and its Member States in the area of drugs, as those powers are defined by the Treaty. It shall cover the various facets of the drugs and drug addiction phenomenon, and the solutions applied. In doing so, the Centre shall be guided by the Drugs Strategies and Action Plans adopted by the European Union. The Centre shall focus on the following priority areas: 1) monitoring the state of the drugs problem, in particular using epidemiological or other indicators, and monitoring emerging trends, in particular those involving poly-drug use; 2) monitoring the solutions applied to drug-related problems; providing information on best practices in the Member States and facilitating the exchange of such practices among them; 3) assessing the risks of new psychoactive substances and maintaining a rapid information system with regard to their use and also regarding new methods of using existing psychoactive substances; 4) developing tools and instruments to help Member States to monitor and evaluate their national policies and the Commission to monitor and evaluate European Union policies. B. The Commission shall make available to the Centre, for dissemination, the information and statistical data which it possesses pursuant to its powers. ANNEX II REPEALED REGULATION AND SUCCESSIVE AMENDMENTS Council Regulation (EEC) No 302/93 OJ L 36, 12.2.1993, p. 1. Council Regulation (EC) No 3294/94 OJ L 341, 30.12.1994, p. 7. Council Regulation (EC) No 2220/2000 OJ L 253, 7.10.2000, p. 1. Council Regulation (EC) No 1651/2003 OJ L 245, 29.9.2003, p. 30. ANNEX III CORRELATION TABLE Council Regulation (EEC) No 302/93 This Regulation Article 1 Article 1 — Article 1(3), second and third sentences Article 2(A), sub-heading Article 2(a), sub-heading Article 2(A)(1) Article 2(a)(i), first phrase — Article 2(a)(i), second and third phrases Article 2(A)(2) to (5) Article 2(a)(ii) to (v) Article 2(B), sub-heading Article 2(b), sub-heading Article 2(B)(6), first phrase Article 2(b)(i), first phrase — Article 2(b)(i), second phrase Article 2(B)(7) Article 2(b)(ii) Article 2(C), sub-heading Article 2(c), sub-heading Article 2(C)(8) to (10) Article 2(c)(i) to (iii) Article 2(D), sub-heading Article 2(d), sub-heading Article 2(D)(11) to (13) Article 2(d)(i), (ii) and (iv) — Article 2(d)(iii) and (v) — Article 2(e) Article 3 Article 4 Article 4 Article 3 Article 5(1) Article 5(1) — Article 5(2), (3) and (4) Article 5(4) Article 5(5) Article 6(2) and (3) Article 6(1) — Article 6(2) Article 6a Article 7 Article 7 Article 8 — Article 8, heading — Article 8 (2) Article 8(1) Article 9(1), first, fourth and fifth subparagraphs Article 8(2) Article 9(1), second and third subparagraphs; Article 9(2); Article 9(3), second sentence — Article 9(3), first and third sentences Article 8(3) Article 9(4) Article 8(4) Article 9(5), first and third sentences — Article 9(5), second sentence — Article 9(6) Article 8(5) and (6) Article 9(7) and (8) — Article 10 Article 9(1), first subparagraph Article 11(1) — Article 11(2) Article 9(1), second subparagraph Article 11(3) Article 9(1), second subparagraph, first to sixth indent Article 11(3)(a) to (f), first phrase — Article 11(3)(f), second phrase — Article 11(3)(g) Article 9(1), second subparagraph, seventh indent Article 11(3)(h) — Article 11(3)(i) Article 9(2) and (3) Article 11(4) and (5) — Article 12 Article 10(1) Article 13(1) Article 10(2) Article 13(2), first and fourth subparagraphs — Article 13(2), second and third subparagraphs Article 10(3), (4) and (5) Article 13(3) and (4) Article 11(1) to (6) Article 14(1) to (5) Article 11(7) to (10) Article 14(6) to (9) Article 11a(1) to (5) Article 15(1) to (5) Article 11a(6) and (7) Article 15(6) Article 11a(8) to (11) Article 15(7) to (10) — Article 16 Article 12 Article 20 — Article 20, second subparagraph Article 13(1) Article 21 Article 13(2) — Article 14 Article 17 Article 15 Article 18, first, third and fourth subparagraphs — Article 18, second and fifth subparagraphs Article 16 Article 19 Article 17 Article 22 Article 18 Article 23, first subparagraph, first and third sentences — Article 23, first subparagraph, second sentence — Article 23, second subparagraph — Article 24 Article 19 Article 25 Annex, paragraph A, first subparagraph Annex I, paragraph A, first subparagraph, first sentence — Annex I, paragraph A, first subparagraph, second and third sentences — Annex I, paragraph A, second subparagraph, points (1) to (4) Annex, paragraph A, second subparagraph, points 1 to 5 — Annex, paragraph B Annex I, paragraph B Annex, paragraph C — — Annex II — Annex III

Summary: European Monitoring Centre for Drugs and Drug Addiction European Monitoring Centre for Drugs and Drug Addiction SUMMARY OF: Regulation (EC) No 1920/2006 on the European Monitoring Centre for Drugs and Drug Addiction WHAT IS THE AIM OF THE REGULATION? It revises and repeals Regulation (EEC) No 302/93 which originally set up the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). It extends the Centre’s role to monitoring aspects such as new trends in drug use, especially poly-drug use (where illegal drugs are taken in combination with legal drugs or medication). The regulation was amended by Regulation (EU) 2017/2101 as regards information exchange on, and an early warning system and risk assessment procedure for, new psychoactive substances* (NPSs). KEY POINTS The Centre: supplies the EU institutions and EU countries with objective, reliable and comparable data on drugs and drug addiction; offers policymakers the data they need to draw up informed drug laws and strategies; provides professionals and practitioners with examples of best practicenew areas of research on drugs and the consequences of drug addiction. Its main objectives are to: collect and analyse existing data on drugs and drug addiction in the EU and with participating non-EU countries; compare data to help evaluate national and EU drugs policies; disseminate data and information on the drugs situation, including data on emerging trends; cooperate with EU agencies such as Europol and Eurojust or specialised United Nations agencies such as the United Nations Office on Drugs and Crime and with non-EU countries; share information on, support the early warning system for, and carry out risk assessments of, new psychoactive substances. Priority areas The Centre concentrates on: monitoring the drugs situation and emerging trends, in particular those involving poly-drug use; monitoring the solutions applied to drug-related problems and facilitating exchanges on best practice among EU countries; maintaining an early warning system and assessing the risks of new psychoactive substances; developing tools to help the European Commission and EU countries to monitor and evaluate their respective policies on drugs. Reitox network To achieve its main task of providing sound and comparable information on drugs, the EMCDDA has developed a tool to collect national data in a harmonised way through the Reitox network. Reitox links national drug information systems and is the main means by which the EMCDDA exchanges data and methodological information on drugs and drug addiction in the EU. Data collected through the Reitox network are also used to: monitor the implementation of the EU drugs action plans which implement the EU drugs strategy; help develop recommendations for appropriate national responses for organising treatment, prevention and harm reduction activities. The network consists of one focal point for each EU country that participates in EMCDDA and a focal point for the Commission. Strengthened surveillance and risk assessment procedure Regulation (EU) 2017/2101 requires EU countries to ensure that their national focal points and Europol national units provide the centre with information they collect on NPS. Working closely with Europol, EMCDDA collects, collates, analyses and assesses the information and sends it rapidly to the national focal points, to the Europol national units, and to the Commission. This ensures they all receive information as quickly as possible for the purposes of early warning and also allows the Centre to draw up the initial report on an NPS where there are concerns that the substance may pose health or social risks EU-wide. Within 2 weeks of receiving an initial report, the Commission may request the Centre to assess the potential risks posed by the NPS and to prepare a risk assessment report. The Centre must submit the risk assessment report within 6 weeks of the Commission’s request. Based on the risk assessment procedure, the Commission decides whether the NPS in question should be included in the definition of ‘drug’ in accordance with the procedure under Council Framework Decision 2004/757/JHA — Criminal acts and the applicable penalties — drug trafficking. Organisation and operation Established in 1993 in Lisbon (Portugal), the centre, which is one of the EU’s decentralised agencies, comprises a Management Board, assisted by: a Budget Committee; an Executive Committee; and a Scientific Committee which delivers opinions on any scientific aspect of the centre’s activities. The centre maintains close links with the Reitox network’s national focal points and with other partner organisations. It carries out its tasks in line with its strategy which defines the main objectives of its work for a specific period. Its strategy that runs to 2025 and programme for 2018-2020 both aim to contribute to a more secure and a healthier Europe. The programme focuses on: reviewing and improving the existing drug monitoring tools (complemented by the increased use of innovative approaches to identify, track and monitor new trends); ongoing implementation of Regulation (EU) 2017/2101 on NPS; improving the format and content of the annual European Drug Report; and the release of the next editions of the EMCDDA–Europol EU Drug Markets Report (2019) and the Health and social responses to drug use: a European guide (2020). The Centre is also scaling up its support for the European school survey project on alcohol and other drugs and over the 3-year period plans to: implement a new Reitox Development Framework and a new EMCDDA International Cooperation Framework; enhance its work with priority non-EU countries by implementing Commission-funded technical assistance projects for candidate and potential candidate countries (IPA 6 and IPA 7 projects) and for neighbouring countries (EU4 Monitoring Drugs project) respectively to gain a better understanding of the global dimension of the drug phenomenon. FROM WHEN DOES THE REGULATION APPLY? It has applied since 16 January 2007. Regulation (EC) No 1920/2006 revised and replaced Regulation (EEC) No 302/93 (and its subsequent amendments). BACKGROUND For more information, see: EMCDDA, your reference point on drugs in Europe (EMCDDA). KEY TERMS Psychoactive substances: a substance, in pure form or in a preparation, that is not covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances but may pose health or social risks similar to those posed by the substances covered by those Conventions. These are substances which affect the mind when ingested. MAIN DOCUMENT Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast) (OJ L 376, 27.12.2006, pp. 1-13) Successive amendments to Regulation (EC) No 1920/2006 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335, 11.11.2004, pp. 8-11) See consolidated version. last update 11.01.2019