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Establishment of the Agency
1. This Regulation establishes the European Union Drugs Agency (EUDA) (the ‘Agency’). 2. The Agency replaces and succeeds the European Monitoring Centre for Drugs and Drug Addiction (the ‘EMCDDA’) established by Regulation (EC) No 1920/2006.
Legal status and seat
1. The Agency shall be a body of the Union with legal personality. 2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It shall, in particular, be able to acquire or dispose of movable and immovable property and be a party to legal proceedings. 3. The seat of the Agency shall be Lisbon, Portugal.
Definitions
For the purposes of this Regulation, the following definitions apply: (1) ‘drug’ means any of the following: (a) a substance 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; (b) any of the substances listed in the Annex to Council Framework Decision 2004/757/JHA ( 11 ) ; (2) ‘new psychoactive substance’ means new psychoactive substance as defined in Article 1, point 4, of Framework Decision 2004/757/JHA; (3) ‘poly-substance use’ means the use of one or more psychoactive substances or types of psychoactive substance, whether illicit or licit, in particular medicinal products, alcohol and tobacco, at the same time as the use of drugs or sequentially within a short period of time of the use of drugs; (4) ‘drug precursor’ means a substance that is controlled and monitored in accordance with Regulation (EC) No 273/2004 of the European Parliament and of the Council ( 12 ) and with Council Regulation (EC) No 111/2005 ( 13 ) ; (5) ‘participating country’ means a Member State or a third country which has concluded an agreement with the Union in accordance with Article 54 of this Regulation; (6) ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries; (7) ‘United Nations Drug Conventions’ means the United Nations Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, the 1971 United Nations Convention on Psychotropic Substances and the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (8) ‘United Nations system’ means the control mechanism system established by the United Nations Drug Conventions.
General task of the Agency
1. The Agency shall: (a) provide the Union and the Member States with factual, objective, reliable and comparable information, early warning and risk assessment at Union level concerning drugs, drug use, drug use disorders and addictions, prevention, treatment, care, risk and harm reduction, rehabilitation, social reintegration, recovery, drug markets and supply, including illicit production and trafficking, and other relevant drug-related issues and their consequences; and (b) recommend appropriate and concrete evidence-based actions on how to address, in an efficient and timely manner, the challenges relating to drugs, drug use, drug use disorders and addictions, prevention, treatment, care, risk and harm reduction, rehabilitation, social reintegration, recovery, drug markets and supply, including illicit production and trafficking, and other relevant drug-related issues and their consequences. 2. In carrying out its tasks, the Agency shall ensure full compliance with fundamental rights and data protection rules and shall take an evidence-based, integrated, balanced and multidisciplinary approach to the drugs phenomenon. That approach shall incorporate human rights, gender and gender equality, age, health, health equity and social perspectives.
Specific tasks
1. In order to carry out the general task set out in Article 4(1), the Agency shall have the following specific tasks: (a) monitoring tasks that include: (i) the collection and analysis of information and data pursuant to Article 6(1); (ii) the dissemination of information, data and results of analyses pursuant to Article 6(5); and (iii) the monitoring of the drugs phenomenon, encompassing the health, human rights, social, safety and security aspects thereof pursuant to Article 7; (b) preparedness tasks that include: (i) the exchange of information on, and the early warning system for, new psychoactive substances, including the preparation of initial reports and risk assessments pursuant to Articles 8 to 11; (ii) health and security threat assessment and preparedness pursuant to Article 12; (iii) the establishment and operation of a European drug alert system pursuant to Article 13; (iv) the monitoring of developments related to the diversion and trafficking of drug precursors and contributing to the implementation of Union law on drug precursors pursuant to Article 14; (v) the establishment and operation of a network of forensic and toxicological laboratories pursuant to Article 15; (c) competence development tasks that include: (i) the development and promotion of evidence-based interventions, best practices and awareness-raising activities pursuant to Article 16; (ii) the assessment of national measures pursuant to Article 17; (iii) support to Member States pursuant to Article 18; (iv) training pursuant to Article 19; (v) international cooperation and technical assistance pursuant to Article 20; (vi) research and innovation activities pursuant to Article 21. 2. The Agency shall establish and coordinate, in consultation and cooperation with the competent authorities and organisations in the participating countries, the European Information Network on Drugs and Drug Addiction referred to in Article 32 (the ‘Reitox network’). 3. The Agency shall act in a transparent, objective, impartial and scientifically rigorous manner when carrying out the specific tasks set out in paragraph 1. 4. The Agency shall support, and improve coordination between, national and Union action in its areas of activity. The Agency shall facilitate the exchange of information between decision-makers, researchers, specialists and those involved in drug-related issues in governmental and non-governmental organisations. 5. The Agency shall support the Commission, Member States and other relevant stakeholders identified in the applicable Union drugs-related strategic documents in the implementation of those strategic documents, where appropriate. 6. In carrying out the specific tasks set out in paragraph 1, the Agency may: (a) organise meetings of experts; (b) set up ad hoc working groups; and (c) finance projects, as necessary. Where the Agency organises meetings, sets up working groups or finances projects under the first subparagraph, it shall keep the Reitox network informed. 7. In order to attain maximum efficiency in monitoring, assessing and responding to the drugs phenomenon, the Agency shall, in carrying out the specific tasks set out in paragraph 1, cooperate actively with relevant stakeholders, including: (a) other relevant Union bodies, offices and agencies, within the limits of their mandates, in particular Europol, the European Union Agency for Criminal Justice Cooperation (Eurojust), established by Regulation (EU) 2018/1727 of the European Parliament and of the Council ( 14 ) , the European Union Agency for Fundamental Rights, established by Council Regulation (EC) No 168/2007 ( 15 ) , the European Union Agency for Law Enforcement Training (CEPOL), established by Regulation (EU) 2015/2219 of the European Parliament and of the Council ( 16 ) , the European Medicines Agency, established by Regulation (EC) No 726/2004 of the European Parliament and of the Council ( 17 ) , the European Centre for Disease Prevention and Control, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council ( 18 ) , and the European Foundation for the Improvement of Living and Working Conditions (Eurofound), established by Regulation (EU) 2019/127 of the European Parliament and of the Council ( 19 ) ; (b) other international bodies, offices and agencies, in particular the United Nations Office on Drugs and Crime (UNODC), the United Nations Economic and Social Council and the International Narcotics Control Board (INCB); and (c) the scientific community and civil society organisations. 8. The Agency shall engage in communication activities on its own initiative within its mandate. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the specific tasks set out in paragraph 1. The Agency shall carry out communication activities in accordance with relevant communication strategies and dissemination plans adopted by the Management Board. The Agency may involve relevant stakeholders, including the scientific community and civil society organisations, in the development of those strategies and plans.
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