2011/841/EU: Council Decision of 5 December 2011 on the conclusion of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction

The Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Monitoring Centre for Drugs and Drug Addiction (hereinafter ‘the Agreement’) is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision.

The President of the Council shall designate the person(s) empowered to transmit, on behalf of the Union, the diplomatic note provided for in Article 10 of the Agreement .

This Decision shall enter into force on the day of its adoption.

The Republic of Croatia shall participate fully in the work of the Centre on the terms set out in this Agreement.

1 The Republic of Croatia shall be linked to Reitox.

2 The Republic of Croatia shall notify the Centre of the main elements of its national information network, including its national monitoring centre, within 28 days of the entry into force of this Agreement, and name any other specialised centres which could make a useful contribution to the Centre’s work.

The Management Board of the Centre shall invite a representative of the Republic of Croatia to participate in its meetings. The representative shall participate fully without the right to vote. The Management Board may exceptionally convoke a meeting restricted to representatives of the Member States and of the European Commission on issues of interest particular to the Union and its Member States. The Management Board, in session with representatives of the Republic of Croatia, shall lay down the detailed arrangements concerning the participation of the Republic of Croatia in the work of the Centre.

The Republic of Croatia shall contribute financially to the activities of the Centre, in accordance with the provisions laid down in the Annex to this Agreement, which shall form an integral part thereof.

1 Where on the basis of this Agreement information is forwarded by the Centre to the Croatian authorities in accordance with Union and Croatian law, such information may be used only for the stated purpose and under the conditions prescribed by the forwarding authority. Such information may not contain personal data.

2 Data on drugs and drug addiction provided to the Croatian authorities by the Centre may be published subject to compliance with Union and Croatian rules on the dissemination and confidentiality of information. Personal data may not be published or made accessible to the public.

3 Designated specialised centres in the Republic of Croatia shall be under no obligation to provide information classified as confidential under Croatian legislation.

4 In relation to data supplied by the Croatian authorities to the Centre, the latter will be bound by the rules laid down in Article 6 of the Regulation.

The Centre shall enjoy in the Republic of Croatia the same capacity as accorded to legal entities under Croatia’s law.

The liability of the Centre shall be governed by the rules laid down in Article 19 of the Regulation.

To enable the Centre and its staff to perform their tasks, the Republic of Croatia shall grant the privileges and immunities identical to those contained in Articles 1 to 4, Articles 5 and 6, Articles 10 to 13, Articles 15, 17 and 18 of the Protocol No 7 on Privileges and Immunities of the European Union annexed to the Treaty of European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

Under the conditions laid down in Article 12(2)(a) of the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 , Croatian nationals enjoying their full rights as citizens may be engaged under contract by the Director of the Centre.

This Agreement shall enter into force on the first day of the second month following the date of receipt of the latter diplomatic note confirming that legal requirements of the respective Contracting Party concerning the entry into force of the Agreement have been fulfilled.

1 This Agreement is concluded for an unlimited period of time. It shall terminate in the date of the Republic of Croatia’s accession to the Union.

2 Either Contracting Party may denounce this Agreement by a written notification to the other Contracting Party. This Agreement shall cease to be in force six months after the date of the receipt of such notification.