7 European Monitoring Centre for Drugs
and Drug Addiction
| (26834)
12143/05
COM(05) 399
| Draft regulation on the European Monitoring Centre for Drugs and Drug Addiction
|
| Legal base | Article 152 EC; co-decision; QMV
|
| Document originated | 31 August 2005
|
| Deposited in Parliament | 16 September 2005
|
| Department | Health |
| Basis of consideration | EM of 6 October 2005
|
| Previous Committee Report | None
|
| To be discussed in Council | No date set
|
| Committee's assessment | Legally important
|
| Committee's decision | Not cleared; further information requested
|
Background
7.1 The European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA) was set up in 1993.[28]
It is an EU agency which collects, analyses and disseminates information
on drugs and drug addiction.
7.2 Article 152(4) of the EC Treaty provides for
the Council to contribute to the achievement of the objectives
of the Article by adopting:
- measures on standards for organs
and substances of human origin, blood and blood derivatives;
- veterinary and phytosanitary measures with the
objective of protecting human health; and
- incentive measures designed to protect and improve
human health.
7.3 Article 308 of the EC Treaty provides that if,
in the course of the operation of the common market, it is necessary
to attain one of the objectives of the Community and the Treaty
has not provided the necessary powers, the Council (acting unanimously)
may take the appropriate measures.
The document
7.4 The Regulation which set up the EMCDDA in 1993
has been amended three times. The Commission believes that further
changes are now necessary to, for example, widen the scope of
the Centre's work to reflect recent trends in drug misuse, change
the composition of the Management Board and the responsibilities
of the Director and create an Executive Committee. Rather than
making further amendments to the original Regulation, the Commission
proposes a new Regulation incorporating the existing amendments
and the new proposals.
7.5 In 2004, the previous Committee considered the
first draft of the new Regulation. The legal base for the proposal
was Article 308 of the EC Treaty. Our predecessors concluded that
the document was not of sufficient legal or political interest
to warrant a substantive report to the House and cleared it from
scrutiny.[29]
7.6 During the Council Working Group discussions
of that draft, some Member States argued that Article 152 of the
EC Treaty was a more appropriate legal base than Article 308.
So the Commission withdrew the draft and produced the current
document. The legal base is the only difference of substance between
the two texts. The current text cites Article 152.
The Government's view
7.7 The Parliamentary Under-Secretary of State at
the Department of Health (Lord Warner) tells us that the Government
broadly supports the revised text (as it supported the first draft).
But the Government considers that Article 308 is the more appropriate
legal base because Article 152 does not provide the necessary
power. The establishment of a body, such as the EMCDDA, does not
constitute an incentive measure.
7.8 The Minister says that:
"A statement registering the UK's preference
for the use of Article 308 was, therefore, included in the minutes
of the Council meeting at which the draft proposal based on Article
308 was withdrawn. The UK also plans to enter a similar statement
in the minutes of the Council meeting at which the regulation
is to be adopted."
Conclusion
7.9 We share the Government's view that Article
152 of the EC Treaty would not provide a suitable legal base for
the draft Regulation, since it involves the amendment of a Regulation
which was itself adopted under what is the new Article 308 EC.
7.10 It is arguable, perhaps, that Article 308
EC, too, is not wholly appropriate because the establishment of
the European Monitoring Centre for Drugs and Drug Addiction is
not necessary "in the operation of the common market".
But that Article (formerly Article 235) was accepted as the legal
base for the original Regulation in 1993 and for the three subsequent
amending measures. Moreover, it is arguable that the Monitoring
Centre helps improve public health and, therefore, the fitness
of the labour force and so contributes to the operation of the
common market.
7.11 On balance, therefore, we share the Government's
view that Article 308 EC would provide a suitable legal base for
the proposal. Accordingly, we question whether it is sufficient
for the Government merely to register its view in a minute statement,
and whether the Government should not vote against the adoption
of the draft Regulation on a legal basis which it considers to
be inadequate. We should be grateful for the Minister's comment
on the question. We shall keep the document under scrutiny pending
his reply.
28 Council Regulation (EEC) No. 302/93: OJ No. L 36,
12.2.1993, p.1. Back
2 29 9
(25287) 5085/04: HC 42-xi (2003-04), para 24 (25 February 2004). Back
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