Administrative and management structure
1. The Agency’s administrative and management structure shall comprise:
(a)
a Management Board, which shall exercise the functions set out in Article 24;
(b)
an Executive Board, which shall exercise the functions set out in Article 28;
(c)
an Executive Director, who shall exercise the responsibilities set out in Article 30;
(d)
a Scientific Committee, which shall exercise the functions set out in Article 31; and
(e)
the Reitox network.
2. The members of the Agency’s administrative and management structure shall not have any financial or other interests that could affect their impartiality. They shall act in the public interest and carry out their activities in an independent, impartial and transparent manner. They shall make an annual declaration of their interests, which may be accessible upon request.
Composition of the Management Board
1. The Management Board shall be composed of:
(a)
one representative from each Member State, with the right to vote;
(b)
two representatives from the Commission, with the right to vote.
2. The Management Board shall also include:
(a)
two independent experts designated by the European Parliament, who are particularly knowledgeable in the field of drugs, with the right to vote;
(b)
one representative from each third country which has concluded an agreement with the Union in accordance with Article 54, without the right to vote.
3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in her or his absence and may attend the meetings of the Management Board.
4. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the fields set out in Article 4(1), point (a), taking into account relevant managerial, administrative and budgetary skills. All parties represented on the Management Board shall make efforts to limit the turnover of their representatives in order to ensure continuity in the work of the Management Board. All parties shall aim to achieve gender-balanced representation on the Management Board.
5. The Management Board may invite, as observers, representatives of international organisations with which the Agency cooperates in accordance with Article 53.
6. The term of office for members and their alternates shall be four years. That term shall be renewable.
Functions of the Management Board
1. The Management Board shall:
(a)
provide the general orientation for the Agency’s activities;
(b)
adopt the draft single programming document referred to in Article 36 before its submission to the Commission for its opinion;
(c)
having obtained the opinion of the Commission, adopt the Agency’s single programming document by a majority of two-thirds of members with the right to vote;
(d)
adopt, by a majority of two-thirds of members with the right to vote, the annual budget of the Agency and exercise other functions in respect of the Agency’s budget in accordance with Chapter VI;
(e)
assess and adopt, by a majority of two-thirds of members with the right to vote, the consolidated annual activity report on the Agency’s activities, send both the report and its assessment thereof by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors, and ensure that the consolidated annual activity is made public;
(f)
adopt the financial rules applicable to the Agency in accordance with Article 42;
(g)
adopt an anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented;
(h)
adopt a strategy for achieving efficiency gains and synergies with other Union bodies, offices and agencies;
(i)
adopt rules for the prevention and management of conflicts of interest in respect of its members, the members of the Executive Board, the members of the Scientific Committee and the members of the Reitox network, and of seconded national experts and other staff not employed by the Agency as referred to in Article 44, and shall publish annually on the Agency’s website the declarations of interests of the Management Board members;
(j)
approve the standard operating protocol referred to in Article 17(3);
(k)
approve the international cooperation framework referred to in Article 20(1), point (a), and the technical assistance programmes referred to in Article 20(3);
(l)
approve the level of co-financing referred to in Article 33(5);
(m)
adopt and regularly update the communication strategies and dissemination plans referred to in Article 5(8), based on an analysis of needs;
(n)
adopt and make publicly available its rules of procedure, including rules for the prevention and management of conflicts of interest;
(o)
in accordance with paragraph 2 of this Article, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials of the European Union (the ‘Staff Regulations’) on the appointing authority and by the Conditions of Employment of Other Servants of the European Union (the ‘Conditions of Employment of Other Servants’) on the authority empowered to conclude a contract of employment, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 27 ) , (the ‘appointing authority powers’);
(p)
in agreement with the Commission, adopt implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110(2) of the Staff Regulations;
(q)
appoint the Executive Director and, where relevant, decide on an extension of the term of office or on a removal from office in accordance with Article 29;
(r)
appoint an accounting officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be independent in the performance of her or his duties;
(s)
appoint the members of the Scientific Committee;
(t)
approve the list of experts to be used to extend the Scientific Committee in accordance with Article 31(6);
(u)
take decisions following the assessment of the national focal points in accordance with Article 35;
(v)
set the method for calculating fees and the way fees are paid in accordance with Article 38;
(w)
ensure adequate follow up to findings and recommendations stemming from internal or external audit reports and evaluations and from investigations of the European Anti-fraud Office (OLAF), established by Commission Decision 1999/352/EC, ECSC, Euratom ( 28 ) , and of the European Public Prosecutor’s Office (EPPO), established by Council Regulation (EU) 2017/1939 ( 29 ) , as referred to in Article 48 of this Regulation;
(x)
take all decisions on the establishment and, where necessary, modification of the Agency’s internal structures, taking into consideration the Agency’s activity needs and having regard to sound budgetary management;
(y)
adopt working arrangements in accordance with Article 53.
2. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Executive Director and setting out the conditions under which that delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.
Where exceptional circumstances so require, the Management Board may, by way of a decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the Executive Director and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
Chairperson of the Management Board
1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with the right to vote. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Boards with the right to vote.
2. The Deputy Chairperson shall automatically replace the Chairperson if she or he is prevented from attending to her or his duties.
3. The term of office of the Chairperson and the Deputy Chairperson shall be four years. Their term of office may be renewed once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
4. The detailed procedure for the election of the Chairperson and the Deputy Chairperson shall be set out in the rules of procedure of the Management Board.
Meetings of the Management Board
1. The Chairperson shall convene the meetings of the Management Board.
2. The Executive Director shall take part in the deliberations of the Management Board.
3. The Management Board shall hold at least one ordinary meeting a year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission, or at the request of at least one-third of its members.
4. The Management Board may invite any person, including representatives from civil society organisations, whose opinion may be of interest to attend its meetings as an observer.
5. The members of the Management Board may, subject to its rules of procedure, be assisted at the meetings by advisers or experts.
6. The Agency shall provide the secretariat for the Management Board.
Voting rules of the Management Board
1. Without prejudice to Article 24(1), points (c) and (d), Article 25(1), Article 35(6), Article 29(8) and Article 53(2), the Management Board shall take decisions by a majority of its members with the right to vote.
2. Each member with the right to vote shall have one vote. In the absence of a member with the right to vote, her or his alternate shall be entitled to exercise the right to vote.
3. The Chairperson and Deputy Chairperson shall take part in the voting.
4. The Executive Director shall not take part in the voting.
5. The Management Board’s rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member.
Executive Board
1. The Executive Board shall:
(a)
decide on those matters provided for in the financial rules adopted pursuant to Article 42 that are not reserved to the Management Board by this Regulation;
(b)
ensure adequate follow up to the findings and recommendations stemming from internal or external audit reports and evaluations, and from investigations by OLAF and by EPPO, as referred to in Article 48;
(c)
without prejudice to the responsibilities of the Executive Director, set out in Article 30, monitor and supervise the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management.
2. Where necessary, because of urgency, the Executive Board may take certain provisional decisions instead of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters. The conditions for taking such provisional decisions shall be set out in the rules of procedure of the Management Board.
3. The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and the two representatives of the Commission to the Management Board.
The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.
The Executive Director shall take part in the meetings of the Executive Board as an observer. The Executive Board may invite other observers to attend its meetings.
4. The term of office of members of the Executive Board shall be four years. Their term of office may be renewed once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office in the Executive Board shall automatically expire on that date.
5. The Executive Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.
6. The Executive Board shall take its decision by consensus among its members. If the Executive Board is not in a position to take a decision by consensus, the matter shall be referred to the Management Board.
7. The Management Board shall lay down the rules of procedure of the Executive Board.
Executive Director
1. The Executive Director shall be engaged as a temporary agent of the Agency under Article 2, point (a), of the Conditions of Employment of Other Servants.
2. The Management Board shall appoint the Executive Director from a list of at least three candidates proposed by the Commission on the basis of an open and transparent selection procedure. The selection procedure shall include the publication of a call for expressions of interest in the Official Journal of the European Union and in other appropriate media. The Commission shall consult the Management Board on the draft call for expressions of interest. The Commission may include a representative of the Management Board as an observer in the selection procedure.
Before appointment by the Management Board to the post of Executive Director, the shortlisted candidates proposed by the Commission may be invited, without delay, to make a statement before the competent committee or committees of the European Parliament and answer questions from the committee members. After hearing the statement and the responses, the European Parliament may adopt an opinion setting out its views and submit it to the Management Board.
3. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the Chairperson of the Management Board.
4. The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance, including prior input from the Management Board, and the Agency’s future tasks and challenges.
5. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once for a period of no more than five years.
The Management Board shall inform the European Parliament if it intends to extend the Executive Director’s term of office. Before the Management Board takes a decision to extend the Executive Director’s term of office, the Executive Director may be invited to make, without delay, a statement before the competent committee or committees of the European Parliament and answer questions from the committee members.
6. An Executive Director whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the overall period.
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. The European Parliament and the Council shall be informed, in a manner that complies with the applicable confidentiality requirements, about the reasons for such a decision.
8. The Management Board shall reach decisions on the appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members with the right to vote.
Responsibilities of the Executive Director
1. The Executive Director shall be responsible for the management of the Agency. The Executive Director shall be accountable to the Management Board.
2. Without prejudice to the powers of the Commission, of the Management Board and of the Executive Board, the Executive Director shall be independent in the performance of her or his duties and shall neither seek nor take instructions from any government or from any other body.
3. The Executive Director shall report to the European Parliament on the performance of her or his duties when invited to do so. The Council may invite the Executive Director to report on the performance of her or his duties.
4. The Executive Director shall be the legal representative of the Agency.
5. The Executive Director shall be responsible for the implementation of the Agency’s specific tasks set out in Article 5. In particular, the Executive Director shall be responsible for:
(a)
the day-to-day administration of the Agency;
(b)
preparing and implementing the decisions adopted by the Management Board;
(c)
preparing the single programming document referred to in Article 36 and submitting it to the Management Board after consulting the Commission;
(d)
implementing the single programming document and reporting to the Management Board on its implementation;
(e)
preparing the Agency’s consolidated annual activity report and presenting it to the Management Board for assessment and adoption;
(f)
proposing to the Management Board the level of co-financing referred to in Article 33(5), where such co-financing is to be granted to the national focal points;
(g)
proposing to the Management Board the method for calculating fees and the way fees are paid in accordance with Article 38;
(h)
preparing a follow-up action plan in relation to the conclusions of internal or external audit reports and evaluations, and to investigations by OLAF and EPPO, as referred to in Article 48, and reporting on progress twice a year to the Commission and regularly to the Management Board and the Executive Board;
(i)
protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF and EPPO, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative penalties and by reporting any criminal conduct to the EPPO in accordance with Article 24 of Regulation (EU) 2017/1939 in respect of which the EPPO could exercise its competence;
(j)
preparing an anti-fraud strategy and efficiency gains and synergies strategies for the Agency and presenting them to the Management Board for approval;
(k)
preparing the draft for the financial rules applicable to the Agency;
(l)
preparing the Agency’s draft statement of estimates of revenue and expenditure and implementing its budget.
6. The Executive Director may decide to post one or more liaison officers to the Union institutions and to relevant Union bodies, offices and agencies for the purpose of carrying out the Agency’s tasks in an efficient and effective manner. The Executive Director shall obtain the prior consent of the Commission and the Management Board. Decisions to post liaison officers shall specify, in a manner that avoids unnecessary costs and a duplication of the administrative functions of the Agency, the scope of the activities to be carried out by the liaison officers.
7. Where called upon by the European Parliament or by the Council, the Executive Director shall attend, without undue delay, meetings organised by the European Parliament or the Council, as the case may be, on any subject related to the Agency’s mandate.
Scientific Committee
1. The Scientific Committee shall be composed of no less than seven and no more than 15 scientists appointed by the Management Board in view of their scientific excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union and in other appropriate media. The Agency shall inform the competent committee or committees of the European Parliament of appointments to the Scientific Committee and about its work. The procedure for selecting members of the Scientific Committee shall ensure that the specialist fields of the members of the Scientific Committee cover the most relevant fields linked to the objectives of the Agency. The parties involved in appointing members to the Scientific Committee shall aim to achieve gender-balanced representation in the Scientific Committee.
2. The members of the Scientific Committee shall be appointed in their personal capacity for a four-year period, which shall be renewable once.
3. The members of the Scientific Committee shall be independent and shall act in the public interest. They shall neither seek nor take instructions from any government or from any other body.
4. Where a member no longer meets the criteria of independence, she or he shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one-third of its members or of the Commission, that there is a lack of independence on the part of a member and revoke the appointment of that member. The Management Board shall appoint a new member for the remaining term of office of that member in accordance with the ordinary procedure for the appointment of members.
5. The Scientific Committee shall deliver an opinion where provided for in this Regulation or on any scientific matter concerning the Agency’s activities which the Management Board or the Executive Director may submit to it. The opinions of the Scientific Committee shall be published on the Agency’s website.
6. For the purpose of assessing the risks posed by a new psychoactive substance or a group of new psychoactive substances, the Scientific Committee may be extended as considered necessary by the Executive Director, acting on the advice of the Chairperson of the Scientific Committee, by including experts representing the scientific fields relevant for ensuring a balanced assessment of the risks posed by the new psychoactive substance or the group of new psychoactive substances. The Executive Director shall designate those experts from a list of experts. The Management Board shall approve the list of experts every four years.
7. The Scientific Committee shall elect a Chairperson and a Deputy Chairperson for the duration of the mandate of the Scientific Committee. The Chairperson may participate as an observer in the meetings of the Management Board.
8. The Scientific Committee shall meet at least once a year.
9. The list of members of the Scientific Committee shall be made public and shall be updated by the Agency on its website.
The European Information Network on Drugs and Drug Addiction
1. Through the European Information Network on Drugs and Drug Addiction (the ‘Reitox network’) the Member States shall contribute to the Agency’s task of collecting and reporting consistent and standardised information on the drugs phenomenon across the Union. The Reitox network shall consist of the national focal points designated in accordance with Article 33 and a focal point for the Commission.
2. The Reitox network shall elect a Spokesperson and between one and three Deputy Spokespersons from among its members. The Spokesperson shall represent the Reitox network in relation to the Agency and shall be allowed to participate as an observer in the meetings of the Management Board.
3. The Reitox network shall hold at least one ordinary meeting a year. The Agency shall convene and chair the meetings. In addition, the Reitox network shall meet on the initiative of its Spokesperson or at the request of at least one-third of its members.
National focal point
1. Each participating country shall designate a single national focal point, set up through appropriate national legal or administrative measures on a permanent basis and with a clear mandate. The designation of a national focal point and the appointment of the head of a national focal point, as well as any changes to those appointments, shall be communicated to the Agency through the national member of the Management Board.
2. The responsible national authority shall ensure that the national focal point is entrusted with the tasks set out in Article 34(2). The head of the national focal point or an alternate shall represent the national focal point in the Reitox network.
3. National focal points shall be scientifically independent and ensure the quality of their data.
4. National focal points shall plan their activities in advance and shall have adequate budgetary and human resources allocated by national budgets and co-financed by the Agency in accordance with paragraph 5 of this Article to fulfil their mandate and carry out their tasks set out in Article 34(2), and shall have sufficient equipment and facilities to support their daily activities.
5. The core costs of the national focal point of each Member State shall be co-financed through a grant provided by the Agency provided that it complies with the conditions set out in paragraphs 1 to 4. In order to receive that co-financing, the national focal point shall sign a grant agreement with the Agency on an annual basis. The level of co-financing shall be proposed by the Executive Director, approved by the Management Board and regularly reviewed. The Agency may provide additional funding to national focal points on an ad hoc basis for the participation in and delivery of specific projects.
6. The Agency shall assess national focal points in accordance with Article 35.
Tasks of the national focal points
1. The national focal points shall form the interface, and support interactions, between the participating countries and the Agency.
2. With a view to supporting the Agency in achieving its general and specific tasks set out in Articles 4 and 5, respectively, thus contributing to coordinated Union action, each national focal point shall carry out the following tasks:
(a)
for the purpose of communicating those data to the Agency, coordinate at national level the activities related to drug-related data collection and monitoring;
(b)
collect relevant national data and information in the areas covered by Article 4 in accordance with the national reporting package referred to in Article 6(2) and transmit it to the Agency; in doing so, the national focal point shall bring together experience from different sectors, in particular health, justice and law enforcement, and shall, wherever relevant, cooperate with experts and national organisations, the scientific community, civil society organisations and other relevant stakeholders active in the field of drugs policy;
(c)
contribute to monitoring drugs and drug use and reporting thereon, including to international organisations;
(d)
support, as appropriate, the development of new epidemiological data sources to further the timely reporting of trends in substance use;
(e)
support ad hoc and targeted data collection exercises in relation to new health and security threats;
(f)
provide the Agency with information on new trends and challenges in the use of existing psychoactive substances or new combinations of psychoactive substances which pose a potential risk to health and with information on possible measures related to health;
(g)
contribute to the exchange of information on, and the early warning system for, new psychoactive substances, in accordance with Chapter III;
(h)
contribute to the establishment of relevant indicators and other relevant datasets, including guidelines for their implementation, with a view to obtaining reliable and comparable information at Union level, in accordance with Article 6;
(i)
nominate, when requested by the Agency, national experts for specific discussions on relevant indicators and for other ad hoc and targeted data collection exercises;
(j)
promote the use of the internationally agreed data collection protocols and standards to monitor drugs and drug use in the country;
(k)
present an annual report of its activities to the Agency and other relevant stakeholders;
(l)
implement quality assurance mechanisms to ensure the reliability of the data and information it obtains.
3. In accordance with their capacity, the national focal points shall monitor, analyse and interpret relevant information in the areas covered by Article 4. The national focal points shall provide that information and information on policies and solutions applied to the Agency.
4. The national focal points shall establish and maintain the necessary cooperation with relevant national and regional authorities, bodies, agencies and organisations for the collection of the information they need to carry out their tasks pursuant to paragraph 2.
5. When collecting data pursuant to this Article, the national focal points shall ensure, where possible, that the data collected are disaggregated by sex or gender. The national focal points shall consider the gender-sensitive aspects of drugs policy when collecting and presenting data pursuant to this Article. The national focal points shall not transmit any data which would make it possible to identify individuals or small groups of individuals. They shall refrain from transmitting any information relating to specific individuals.
Assessment of the national focal points
1. The Agency shall assess whether each national focal point, by carrying out the tasks set out in Article 34(2), contributes to the achievement of the tasks of the Agency. Such assessments shall not concern other functions of the body hosting the national focal point or the overall structure in which the national focal point is embedded.
2. The assessment referred to in paragraph 1 shall be based on relevant information to be provided by the national focal point. If necessary, the Agency may visit the national focal point.
3. The Agency shall present each assessment it carries out pursuant to paragraph 1 to the national focal point and national competent authority concerned. Assessments may include recommendations for carrying out the tasks set out in Article 34(2), set a timeline for their implementation and offer support from the Agency to national focal points for the purposes of capacity building.
4. Where recommendations, together with a timeline for their implementation, have been issued pursuant to paragraph 3, the national focal point concerned shall either inform the Agency that it has accepted the recommendations or, in the event of disagreement, provide the Agency with a written reasoned opinion.
5. The Agency shall inform the Management Board of the outcome of assessments carried out pursuant to paragraph 1 at its first meeting following the completion of the assessment by the Agency. In the event of disagreement between the Agency and the national focal point as referred to in paragraph 4 of this Article, the Agency shall submit the assessment, the recommendations and the timeline for their implementation for the approval of the Management Board at its next meeting by a majority of its members with the right to vote in accordance with Article 23. The representative of the Member State concerned shall not take part in that vote.
6. If, by the time specified in an assessment as referred to in paragraph 1, the national focal point does not fulfil the tasks set out in Article 34(2), the Management Board shall take a decision, at its first meeting following the time specified in the assessment by a majority of two-thirds of members with the right to vote, in accordance with Article 23, as to whether not to provide co-financing until the national focal point carries out the tasks set out in Article 34(2). The representative of the Member State concerned shall not take part in that vote.
7. The first assessment pursuant to paragraph 1 of each national focal point shall be carried out by the Agency by 3 July 2026. Thereafter, the Agency shall assess national focal points at regular intervals, as necessary.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
