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.

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.

1.   The Agency shall:

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.

1.   In order to carry out the general task set out in Article 4(1), the Agency shall have the following specific tasks:

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:

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:

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.

1.   The Agency shall:

2.   The Agency shall collect relevant national data through the national focal points. Prior to collecting the data, the Agency and the national focal points shall discuss and agree on the national reporting package. The Agency may use additional sources of information for national data. Where the Agency uses such additional sources, it shall keep the national focal point concerned duly informed. The data collected shall, where possible, be disaggregated by sex and, where possible, by gender. Such data shall take into account the gender-sensitive aspects of drugs policy.

3.   The Agency shall develop, within its mandate, data collection methods and approaches, including through projects with external partners.

4.   The Agency shall develop the necessary digital solutions for the purpose of collecting, validating, analysing, reporting, managing and exchanging information and data, including in an automated manner.

5.   The Agency shall disseminate information and data by:

6.   Where relevant, the Agency may disseminate information and data which have been disaggregated, in particular by Member State, sex, gender, age, disability and socio-economic status, in accordance with relevant Union law, in particular on data protection.

7.   When disseminating information and data under paragraph 5, the Agency shall include references to the sources thereof.

8.   The Agency shall not disseminate or transmit any information and data from which it is possible to identify individuals or small groups of individuals.

1.   The Agency shall monitor:

2.   Based on its monitoring activities under paragraph 1, the Agency shall identify, support and, where appropriate, co-develop evidence-based best practices and innovative approaches. The Agency shall share such best practices and approaches with the Member States and facilitate the exchange of such best practices and approaches between them.

3.   The Agency shall develop tools and instruments to help Member States monitor and evaluate their national policies, in cooperation with the national focal points, and to help the Commission monitor and evaluate Union policies.

4.   The Agency shall undertake regular foresight exercises, taking into account the information available. It shall develop, on that basis, relevant scenarios for the development of future drugs policy.

1.   Each Member State shall ensure that its national focal point and its Europol national unit provide the Agency and Europol, taking into account their respective mandates, with the available information on new psychoactive substances in a timely manner and without undue delay. That information shall be related to the detection and identification, use and patterns of use, manufacture, extraction, distribution and distribution methods, trafficking, and commercial, medical and scientific use of, and potential and identified risks posed by, those substances.

2.   The Agency, in cooperation with Europol, shall collect, collate, analyse and assess information on new psychoactive substances. It shall communicate that information in a timely manner to the national focal points, the Europol national units and the Commission with a view to providing them with any information required for the purposes of early warning.

The Agency shall draw up initial reports or combined initial reports pursuant to Article 9 based on the information collected pursuant to the first subparagraph.

1.   Where the Agency, the Commission or a majority of Member States considers that information on a new psychoactive substance collected in one or more Member States and shared with it or them gives rise to concerns that the new psychoactive substance might pose health or social risks at Union level, the Agency shall draw up an initial report on the new psychoactive substance.

For the purposes of the first subparagraph, Member States shall inform the Commission and the other Member States of their wish that an initial report be drawn up. Where a majority of Member States has so informed the Commission, the Commission shall instruct the Agency accordingly and shall inform the Member States thereof.

2.   An initial report as referred to in paragraph 1 shall contain:

3.   For the purpose of an initial report as referred to in paragraph 1, the Agency shall use the information which is at its disposal.

4.   Where the Agency considers it necessary, it shall request the national focal points to provide additional information on a new psychoactive substance. The national focal points shall provide such information within two weeks of receipt of such a request.

5.   The Agency shall, without undue delay after it starts drawing up an initial report pursuant to paragraph 1, request the European Medicines Agency to provide information on whether, at Union or national level, the new psychoactive substance is an active substance in:

Where information provided under the first subparagraph relates to marketing authorisations granted by Member States, the Member States concerned shall provide the European Medicines Agency with such information upon its request.

6.   The Agency shall, without undue delay after it starts drawing up an initial report pursuant to paragraph 1, request Europol to provide information on the involvement of criminal groups in the manufacture, distribution and distribution methods and trafficking of the new psychoactive substance, and on any use of the new psychoactive substance.

7.   The Agency shall, without undue delay after it starts drawing up an initial report pursuant to paragraph 1, request the European Chemicals Agency, established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (23), and the European Centre for Disease Prevention and Control and the European Food Safety Authority, established by Regulation (EC) No 178/2002 of the European Parliament and of the Council (24), to provide the information and data at their disposal on the new psychoactive substance.

8.   The details of the cooperation between the Agency and the Union agencies referred to in paragraphs 5, 6 and 7 of this Article shall be set out in working arrangements. Such working arrangements shall be concluded in accordance with Article 53(2).

9.   The Agency shall respect the conditions on the use of information, which are communicated to the Agency, including conditions on access to documents and information, data security and the protection of confidential data, including the sensitive data and confidential business information of third parties.

10.   The Agency shall submit an initial report as referred to in paragraph 1 to the Commission and the Member States within five weeks of making the requests for information referred to in paragraphs 5, 6 and 7.

11.   Where the Agency collects information on several new psychoactive substances that it considers to be of a similar chemical structure, it shall submit to the Commission and the Member States an individual initial report as referred to in paragraph 1 for each of those new psychoactive substances, or combined initial reports dealing with several new psychoactive substances, provided that the characteristics of each new psychoactive substance are clearly identified, within six weeks of making the requests for information referred to in paragraphs 5, 6 and 7.

1.   Within two weeks of receipt of an initial report as referred to in Article 9(10), the Commission may request the Agency to assess the potential risks posed by the new psychoactive substance and to draw up a risk assessment report, where there are indications in the initial report to believe that the new psychoactive substance might pose severe public health risks and, where applicable, severe social risks. The risk assessment shall be carried out by the Scientific Committee.

2.   Within two weeks of receipt of individual initial reports or a combined initial report as referred to in Article 9(11), the Commission may request the Agency to assess the potential risks posed by several new psychoactive substances with a similar chemical structure and to draw up a combined risk assessment report, where there are indications in the combined initial report to believe that those new psychoactive substances might pose severe public health risks and, where applicable, severe social risks. The combined risk assessment shall be carried out by the Scientific Committee.

3.   A risk assessment report or combined risk assessment report shall contain:

4.   The Scientific Committee shall carry out a risk assessment in order to assess the risks posed by the new psychoactive substance or group of new psychoactive substances. For each such risk assessment, the Commission, the Agency, Europol and the European Medicines Agency shall each have the right to appoint two observers.

5.   The Scientific Committee shall carry out risk assessments as referred to in paragraph 4 on the basis of the available information and of any other relevant scientific evidence. It shall take into account all opinions held by its members. The Agency shall organise the risk assessment procedure, including identifying future information needs and relevant studies.

6.   The Agency shall submit the risk assessment report or the combined risk assessment report to the Commission and the Member States within six weeks of receipt of the request from the Commission to draw up a risk assessment report pursuant to paragraph 1 or a combined risk assessment report pursuant to paragraph 2.

7.   Upon receipt of a duly reasoned request of the Agency, the Commission may extend the period for completion of the risk assessment or combined risk assessment set out in paragraph 6 to allow for additional research and data collection to take place. Such a request shall contain information on the period of time needed to complete the risk assessment or combined risk assessment.

8.   The Agency shall provide timely rapid risk assessments, in accordance with Article 20 of Regulation (EU) 2022/2371 of the European Parliament and of the Council (25), in the case of a threat as referred to in Article 2(1), point (b), of that Regulation, where the threat falls under the mandate of the Agency.

1.   No risk assessment shall be carried out where the new psychoactive substance is at an advanced stage of assessment within the United Nations system, namely once the World Health Organization’s Expert Committee on Drug Dependence has published its critical review together with a written recommendation, except where there are sufficient data and information available to suggest the need for a risk assessment report at Union level, the reasons for which shall be indicated in the initial report for that substance.

2.   No risk assessment shall be carried out where, following an assessment within the United Nations system, it has been decided not to schedule the new psychoactive substance, except where there are sufficient data and information available to suggest the need for a risk assessment report at Union level, the reasons for which shall be indicated in the initial report for that substance.

3.   No risk assessment shall be carried out where the new psychoactive substance is an active substance in:

1.   The Agency shall develop a strategic evidence-based health and security threat assessment capability to identify at an early stage new developments of the drugs phenomenon that have the potential to impact negatively on health, social matters, safety or security in the Union and, by doing so, to help increase the preparedness of the relevant stakeholders to respond to new threats in an effective and timely manner.

2.   The Agency may launch a health and security threat assessment on its own initiative based on an internal appraisal of signals arising from routine monitoring, research or other appropriate information sources. The Agency may also launch a health and security threat assessment at the request of the Commission or of a Member State, provided that the criteria set out in paragraph 1 are met.

3.   A health and security threat assessment shall consist of a rapid evaluation of existing information and, where necessary, the collection of new information through the Agency’s information networks. The Agency shall develop appropriate scientific rapid assessment methods.

4.   Where, following a health and security threat assessment, the Agency draws up a health and security threat assessment report, that report shall describe the identified threat, the current situation based on available evidence and the potential outcomes in the event of no action. The health and security threat assessment report shall set out options for preparedness and response that can be adopted to mitigate and to respond to the threat identified, including, where possible, evidence-based interventions on demand reduction, risk and harm reduction and recovery. The health and security threat assessment report may also contain potential follow-up measures. The Agency shall send the health and security threat assessment report to the Commission and, as appropriate, to the Member States.

5.   The Agency shall cooperate closely with Member States, other Union bodies, offices and agencies and international organisations in carrying out a health and security threat assessment by involving them in the assessment as appropriate. Where the potential threat is already subject to an analysis under another Union mechanism, the Agency shall not carry out a health and security threat assessment.

6.   With the agreement of the Commission, the Agency shall conduct health and security threat assessments on drug-related threats emerging from outside the Union, which have the potential to impact health, social matters, safety or security within the Union.

7.   The Agency shall monitor the evolution of the situation and, where necessary, update the health and security threat assessments accordingly.

1.   The Agency shall set up and manage a rapid European drug alert system, complementing and without prejudice to the relevant national alert systems. The European drug alert system shall be complementary to the early warning system referred to in Article 8.

2.   The national focal points, in cooperation with the relevant national competent authorities, shall immediately notify the Agency of any information relating to the appearance of a serious direct or indirect drug-related risk to health, social aspects, safety or security and of any information that might be useful for coordinating a response whenever they become aware of such information, such as:

3.   The Agency shall analyse and assess the available information and data on potential serious risks to health and complement it with any scientific and technical information available from the early warning system referred to in Article 8 and other threat assessments undertaken in accordance with Article 12, from other Union bodies, offices and agencies and from international organisations, in particular the World Health Organization. The Agency shall take into account open source information and available information obtained through its data collection tools and from relevant stakeholders, including the scientific community and civil society organisations.

4.   Based on the information and data received pursuant to paragraph 3, the Agency shall provide targeted rapid alert risk communications to the relevant national authorities, including the national focal points. The Agency may propose response options in such risk communications. Member States may consider such response options as part of their preparedness planning and national response activities.

5.   The national focal points, in cooperation with the relevant national competent authorities, shall inform the Agency of additional information at their disposal in order to enable the Agency to further analyse and assess risks referred to in paragraph 2 and of the actions implemented or measures taken following receipt of the rapid alert risk communications referred to in paragraph 4.

6.   The Agency shall cooperate closely with the Commission and the Member States to promote the necessary coherence in the risk communication process.

7.   The Agency may open up participation in the European drug alert system to third countries or international organisations. That participation shall be based on reciprocity and shall include confidentiality measures equivalent to those applicable in the Agency.

8.   In close cooperation with the relevant national competent authorities, in particular the national focal points, the Agency shall, if needed, develop an alert system to make information on a specific risk available, where appropriate, to people who use or potentially use specific drugs.

9.   The Agency shall update its drug alerts, whenever necessary.

1.   The Agency shall assist the Commission in monitoring developments related to the diversion and trafficking of drug precursors and in assessing the need to add to, remove from or change the category of listed scheduled and non-scheduled substances in relation to Regulations (EC) No 273/2004 and (EC) No 111/2005, including in identifying and assessing their licit and illicit uses.

2.   The Agency shall prepare, on its own initiative or at the request of the Commission, a threat assessment report on drug precursors.

1.   The Agency shall set up a network of forensic and toxicological laboratories active in forensic and toxicological investigations of drugs and drug-related harm (the ‘network’).

2.   The network shall act primarily as a forum for:

The national focal points shall be informed on a regular basis, at least once a year, about the activities of the network. The national focal points shall have access to the information and data generated by the network.

3.   Each Member State shall have the right to appoint to the network, through its representative in the Management Board, up to three laboratories specialising in forensic analysis, toxicology or other relevant fields related to drugs to act as national representative laboratories. The Agency may select additional laboratories or experts particularly active in forensic and toxicological investigations of drugs and drug-related harm for specific projects.

4.   The Joint Research Centre of the Commission shall be a member of the network and represent the Commission in the network.

5.   The network shall cooperate closely with existing networks and organisations active in the same areas as the network and shall take their work into account in order to avoid overlaps. The Reitox network shall be informed regularly, and at least once a year, about the work of the network.

6.   The Agency shall chair the network and convene at least one meeting a year. The network may decide to create working groups, which may be chaired by members of the network.

7.   The network shall enable the Agency to have access to forensic and toxicological data, generated or collected by laboratories of the network, including, where necessary, for the analysis of new psychoactive substances.

8.   The Agency shall identify and finance specific projects to further the work of the network, as appropriate and based on clear and transparent rules and procedures. The Agency shall establish those rules and procedures prior to identifying such projects.

9.   The Agency shall create a database to store, analyse and make available the information and data collected or generated by the network, in accordance with the relevant provisions of this Regulation, including Article 6(8) and Article 49.

1.   The Agency shall develop and promote evidence-based interventions and best practices with regard to, and raise awareness about, the adverse effects of drugs, prevention, treatment, care, risk and harm reduction, rehabilitation, social reintegration and recovery. Where relevant, the Agency shall take a gender-sensitive approach and take into account the age dimension. Evidence-based interventions, best practices and awareness raising activities may be adapted to the national context and implemented at national level and, whenever necessary, be targeted to specific groups.

2.   Evidence-based interventions, best practices and awareness raising activities referred to in paragraph 1 shall be in accordance with human rights norms and the political orientation set out in the applicable Union drug-related strategic documents.

3.   The Agency shall promote the implementation of existing quality standards for drug prevention and update them as appropriate. The Agency shall provide or support training pursuant to Article 19. The Agency shall develop, where appropriate, quality standards for risk and harm reduction, treatment, recovery, care and rehabilitation.

4.   The Agency may offer support to Member States and shall, subject to their prior agreement, assist them in developing national interventions in the area of its mandate.

1.   At the request of a national authority of a participating country, the Agency shall assess national measures in accordance with the standard operating protocol provided for in paragraph 3.

2.   Before assessing a national measure, the Agency shall evaluate it and analyse whether it complies with the latest scientific state of play and whether it has proven useful in addressing its declared objectives.

3.   The Agency shall develop an assessment procedure. The Agency shall set out the assessment procedure in a transparent way in a standard operating protocol. The Management Board shall approve the standard operating protocol and any changes to it before the Agency applies it.

4.   The Agency shall regularly inform the Management Board of the assessments it has undertaken pursuant to this Article.

1.   At the request of a Member State, the Agency may support the independent evaluation of its drug policies and the development of evidence-based drug policies in accordance with the applicable Union drug-related strategic documents.

2.   The Agency may offer support to Member States and shall, subject to their prior agreement, assist them in implementing their national drug policies, quality standards, best practices and innovative approaches. The Agency shall facilitate the exchange of information, including on relevant law and best practices, between national authorities and experts.

3.   When it supports the evaluation of drugs policies, the Agency shall act independently and shall be guided by its scientific standards and an evidence-based approach.

1.   The Agency shall:

2.   The international cooperation framework referred to in paragraph 1, point (a), shall seek to further strengthen and support third countries’ efforts to address drug issues in an evidence-based, integrated, balanced and multidisciplinary manner and in full compliance with human rights norms. That international cooperation framework shall take into account the relevant policy documents of the Union and consider the developments of the drugs phenomenon. It shall set out the priority countries or regions for cooperation and the key outcomes of the cooperation. It shall take into account the experiences of and activities undertaken by the Member States. The Agency shall evaluate and review the international cooperation framework regularly.

3.   The Agency shall transfer, at the request of the Commission and subject to the approval of the Management Board, its expertise and provide technical assistance to third countries, in particular candidate countries, in accordance with the international cooperation framework referred to in paragraph 1, point (a).

Technical assistance shall focus, in particular, on setting up or consolidating national focal points, national data collection systems and national early warning systems and on the promotion of best practices in the fields of prevention, treatment, care, risk and harm reduction, rehabilitation, social reintegration and recovery, and subsequently assist in the creation and strengthening of structural links with the early warning system referred to in Article 8 and the Reitox network. The Agency may assess the national bodies of a third country where that third country so requests.

4.   The Agency shall cooperate with international organisations and with third countries in accordance with Articles 53 and 54.

1.   The Agency shall assist the Commission and the Member States in identifying key research themes and in drawing up and implementing the Union framework programmes for research and innovation activities that are relevant to achieve its general and specific tasks set out in Articles 4 and 5, respectively. The Agency shall pay due attention to intersectionality as a crosscutting principle in its research-related activities. Where the Agency assists the Commission in identifying key research themes or in drawing up and implementing a Union framework programme, the Agency shall not receive funding from that programme.

2.   The Agency shall proactively monitor and contribute to research and innovation activities to achieve its general and specific tasks set out in Articles 4 and 5, respectively, support related activities of Member States, and implement its research and innovation activities regarding matters covered by this Regulation, including the development, training, testing and validation of algorithms for the development of tools. The Agency shall disseminate the results of such research and innovation activities to the European Parliament, the Member States and the Commission in accordance with the security rules provided for in Article 49.

3.   The Agency shall contribute to and participate in the activities carried out in the framework of the research and innovation cycle, such as the EU Innovation Hub for Internal Security and the Health Emergency Preparedness and Response Authority, established by the Commission Decision of 16 September 2021 (26).

4.   The Agency may plan and implement pilot projects regarding matters covered by this Regulation.

5.   The Agency shall take all necessary measures to avoid conflicts of interest in the implementation of the pilot projects referred to in paragraph 4. It shall make public information on its research projects, including demonstration projects. Such information shall include the cooperation partners involved and the project budget.

6.   The Agency shall create a database to store, analyse and make available drug-related research programmes.

1.   The Agency’s administrative and management structure shall comprise:

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.

1.   The Management Board shall be composed of:

2.   The Management Board shall also include:

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.

1.   The Management Board shall:

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.

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.

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.

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.

1.   The Executive Board shall:

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.

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.

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:

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.

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.

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.

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.

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:

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.

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.

1.   By 15 December of each year, the Management Board shall adopt a draft single programming document containing multiannual and annual programming and the documents listed in Article 32 of Commission Delegated Regulation (EU) 2019/715 (30), based on a draft put forward by the Executive Director, after consulting the Scientific Committee, taking into account the opinion of the Commission, and, in relation to multiannual programming, after consulting the European Parliament. Where the Management Board decides not to follow elements of the opinion of the Commission or elements arising following the consultation of the European Parliament or of the Scientific Committee, it shall provide a justification. The Management Board shall forward the single programming document to the European Parliament, the Council and the Commission by 31 January of the following year.

The Single Programming Document shall become final once the general budget of the Union has been definitively adopted and shall, if necessary, be adjusted accordingly.

2.   The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multiannual work programme referred to in paragraph 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year.

Multiannual or annual programming shall include information about the implementation of the international cooperation framework referred to in Article 20(1), point (a), and the actions linked to that framework. It shall also include the Agency’s planned research and innovation activities referred to in Article 21.

3.   The Management Board shall amend the adopted annual work programme when a new task is given to the Agency.

Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

4.   The multiannual work programme shall set out overall strategic programming including objectives, expected results and performance indicators. It shall also set out resource programming, including the multiannual budget and staff.

The resource programming shall be updated annually. The strategic programming shall be updated where appropriate and, in particular, to address the outcome of the evaluation referred to in Article 51.

5.   The multiannual and annual work programmes shall be prepared in compliance with Article 32 of Delegated Regulation (EU) 2019/715.

1.   Estimates of all revenue and expenditure for the Agency shall be prepared each financial year, corresponding to the calendar year, and shall be shown in the Agency’s budget.

2.   The Agency’s budget shall be balanced in terms of revenue and of expenditure.

3.   Without prejudice to other resources, the Agency’s revenue shall comprise:

4.   The amount and origin of any revenue as referred to in paragraph 3, points (b) to (e), shall be included in the annual accounts of the Agency and clearly detailed in the annual report on the Agency’s budgetary and financial management referred to in Article 41(3).

5.   The expenditure of the Agency shall include staff remuneration, administrative and infrastructure expenses, and operating costs. The operating costs may include expenditure in support of the national focal points, as referred to in Article 33(5).

1.   The Agency may deliver upon request the following additional services:

2.   At the proposal of the Executive Director and after having consulted the Commission, the Management Board shall set, in a transparent manner, the method for calculating the fees and the way in which they are paid.

3.   Fees shall be proportionate to the costs of the service delivered as provided in a cost-effective way and shall be sufficient to cover those costs. Fees shall be set at such a level as to ensure that they are non-discriminatory and that they avoid placing an undue financial or administrative burden on stakeholders.

4.   Fees shall be set at such a level as to avoid a deficit or a significant accumulation of surplus in the Agency’s budget. If a significant positive balance in the budget, resulting from the provision of the services covered by fees, becomes recurrent, or if a significant negative balance results from the provision of the services covered by fees, the Management Board shall revise the method for calculating the fees in accordance with the procedure set out in paragraph 2.

5.   Where applicable, the Agency shall include a report on the fees levied and their impact on the Agency’s budget as part of the procedure for the presentation of accounts laid down in Article 41.

1.   Each year, the Executive Director shall draw up a draft statement of estimates of the Agency’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.

2.   The Management Board shall, based on the draft referred to in paragraph 1, adopt a provisional draft statement of estimates of the Agency’s revenue and expenditure for the following financial year.

3.   The provisional draft statement of estimates of the Agency’s revenue and expenditure shall be sent to the Commission by 31 January each year. The Management Board shall send the final draft statement of estimates to the Commission by 31 March.

4.   The Commission shall send the statement of estimates of the Agency’s revenue and expenditure to the budgetary authority together with the draft general budget of the Union.

5.   On the basis of the statement of estimates of the Agency’s revenue and expenditure, the Commission shall enter in the draft general budget of the Union the estimates it considers 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 Articles 313 and 314 of the Treaty on the Functioning of the European Union (TFEU).

6.   The budgetary authority shall authorise the appropriations for the contribution to the Agency.

7.   The budgetary authority shall adopt the Agency’s establishment plan.

8.   The Management Board shall adopt the Agency’s budget by a majority of two-thirds of members with the right to vote. The budget shall become final once the general budget of the Union has been definitively adopted. Where necessary, the budget shall be adjusted accordingly.

9.   Delegated Regulation (EU) 2019/715 applies to any building project likely to have significant implications for the budget of the Agency.

1.   The Executive Director shall implement the Agency’s budget.

2.   Each year, the Executive Director shall send to the budgetary authority all information relevant for the evaluation procedures set out in Article 51.

1.   By 1 March of the following financial year, the Agency’s accounting officer shall send the provisional accounts to the Commission’s accounting officer and the Court of Auditors.

2.   By 31 March of the following financial year, the Commission’s accounting officer shall send the Agency’s provisional accounts, consolidated with the Commission’s accounts, to the Court of Auditors.

3.   By 31 March of the following financial year, the Agency shall send the report on budgetary and financial management to the European Parliament, the Council and the Court of Auditors.

4.   On receipt of the Court of Auditors’ observations on the Agency’s provisional accounts pursuant to Article 246 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (31), the Executive Director shall draw up the Agency’s final accounts under her or his own responsibility and submit them to the Management Board for an opinion.

5.   The Executive Director shall send the Court of Auditors a reply to its observations by 30 September. The Executive Director shall also send that reply to the Management Board.

6.   The Management Board shall deliver an opinion on the Agency’s final accounts.

7.   The accounting officer shall, by 1 July following each financial year, send the final accounts, together with the Management Board’s opinion, to the European Parliament, the Council, the Commission and the Court of Auditors.

8.   The final accounts shall be published in the Official Journal of the European Union by 15 November of the following year.

9.   The Executive Director shall submit to the European Parliament, at the European Parliament’s request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 261(3) of Regulation (EU, Euratom) 2018/1046.

10.   On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, give a discharge to the Executive Director in respect of the implementation of the budget for year N.

1.   The Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants shall apply to the staff of the Agency.

2.   Where it engages staff from third countries following the conclusion of the agreements referred to in Article 54, the Agency shall comply with the Staff Regulations and the Conditions of Employment of Other Servants.

1.   The Agency may make use of seconded national experts or other staff not employed by the Agency. The Staff Regulations and the Conditions of Employment of Other Servants shall not apply to seconded national experts or other staff not employed by the Agency.

2.   The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.

1.   Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.

2.   Regulation (EU) 2018/1725 of the European Parliament and of the Council (33) shall apply to the processing of personal data by the Agency.

3.   The Management Board shall, within six months of the date of its first meeting after 2 July 2024, establish measures for the application of Regulation (EU) 2018/1725 by the Agency, including those concerning the appointment of the Agency’s data protection officer. Those measures shall be established after consultation of the European Data Protection Supervisor.

1.   In order to combat fraud, corruption and other unlawful activities, Regulation (EU, Euratom) No 883/2013 shall apply to the Agency.

2.   The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by OLAF by 1 October 2023 and shall adopt appropriate provisions applicable to all employees of the Agency using the template set out in the Annex to that Agreement.

3.   The Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.

4.   OLAF and EPPO may, within the scope of their mandates, carry out investigations, which, with regard to OLAF, may also include on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and Council Regulation (Euratom, EC) No 2185/96 (34).

5.   Without prejudice to paragraphs 1 to 4 of this Article, working arrangements and agreements with international organisations and third countries as referred to in Articles 53 and 54, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the Court of Auditors and OLAF to conduct the audits and investigations referred to in paragraphs 3 and 4 of this Article, in accordance with their respective competence.

1.   The Agency shall adopt security rules equivalent to the Commission’s security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in Decisions (EU, Euratom) 2015/443 and (EU, Euratom) 2015/444. The security rules of the Agency shall cover, inter alia, provisions for the exchange, processing and storage of such information.

2.   The Agency may only exchange classified information with the relevant authorities of a third country or international organisation or share EUCI with another Union body, office or agency within the framework of administrative arrangements. Administrative arrangements shall be subject to the authorisation of the Management Board after consultation of the Commission. In the absence of an administrative arrangement, any exceptional ad hoc release of EUCI to another Union body, office or agency shall be subject to a decision by the Executive Director after consultation of the Commission.

1.   The Agency’s contractual liability shall be governed by the law applicable to the contract in question.

2.   The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

3.   In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

4.   The Court of Justice of the European Union shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.

5.   The personal liability of its staff towards the Agency shall be governed by the Staff Regulations or Conditions of Employment of Other Servants.

1.   By 3 July 2029, and every five years thereafter, the Commission shall assess the Agency’s performance in relation to its objectives, mandate, tasks and location in accordance with Commission guidelines. Such evaluations shall, in particular, address the possible need to modify the mandate of the Agency and the financial implications of any such modification. In its first evaluation, the Commission shall pay particular attention to the changes to the Agency’s mandate and tasks introduced by this Regulation.

2.   On the occasion of every second evaluation, the Commission shall also assess the results achieved by the Agency having regard to its objectives, mandate and tasks, including whether the continuation of the Agency is justified with regard to those objectives, mandate and tasks.

3.   The Commission shall report to the European Parliament, the Council and the Management Board on the findings of evaluations under this Article. The findings of evaluations shall be made public.

1.   The Agency shall actively seek to cooperate with international organisations and other bodies, in particular Union, governmental and non-governmental bodies, and with technical bodies competent in matters covered by this Regulation, within the framework of working arrangements concluded with such bodies, in accordance with the TFEU and the provisions on the competence of such bodies. Such working arrangements shall not cover the exchange of classified information.

2.   The Management Board shall adopt working arrangements as referred to in paragraph 1 based on drafts submitted by the Executive Director and after the Commission’s prior approval. Where the Commission expresses its disagreement with such working arrangements, the Management Board shall adopt them by a three-fourths majority of members with the right to vote.

3.   The Management Board shall adopt amendments or changes to existing working arrangements which are limited in scope and do not change the overall scope and intention of the working arrangements, or technical working arrangements with other technical bodies, based on drafts submitted by the Executive Director and after informing the Commission.

4.   The Agency shall publish working arrangements entered into pursuant to this Article on its website.

1.   The Agency shall be open to the participation in its work of third countries that have entered into agreements with the Union to that effect.

2.   Under the relevant provisions of the agreements referred to in paragraph 1, arrangements shall be developed specifying, in particular, the nature, extent and manner in which the third countries concerned are to participate in the work of the Agency, including provisions relating to participation in the initiatives undertaken by the Agency, financial contributions and staff.

As regards staff matters, arrangements as referred to in the first subparagraph shall comply with the Staff Regulations.

1.   The Agency shall maintain cooperation with relevant civil society organisations active in the fields covered by this Regulation at national, Union or international level for the purposes of consultation, the exchange of information and the pooling of knowledge through the involvement of those civil society organisations. To that end, the Agency shall designate a single contact point under the authority of the Executive Director to ensure the regular provision of information to civil society organisations on its activities, including by setting up a dedicated webpage or by other relevant means. The Agency shall allow civil society organisations to submit data and information relevant to its activities.

2.   When considering specific topics, the Agency shall, where relevant, conduct dedicated exchanges with civil society organisations with relevant qualifications and experiences on the topic concerned.

3.   Civil society organisations as referred to in paragraphs 1 and 2 shall be registered in the Transparency Register, established by the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (35). The Agency shall make the list of those civil society organisations public.

1.   The necessary arrangements concerning the accommodation to be provided for the Agency in the Member State in which the Agency has its seat, the facilities to be made available by that Member State and the specific rules applicable in that Member State to members of the Management Board, Agency staff, including the Executive Director, and members of their families shall be laid down in a Headquarters Agreement between the Agency and that Member State.

2.   The Member State in which the Agency has its seat shall provide the best possible conditions to ensure the smooth and efficient functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections.

1.   The Agency shall be the legal successor in respect of all contracts concluded by, liabilities incumbent upon and properties acquired by the EMCDDA.

2.   This Regulation shall not affect the legal force of agreements and arrangements concluded by the EMCDDA before 2 July 2024.

1.   The Management Board of the EMCDDA shall continue its work and functioning based on Regulation (EC) No 1920/2006 and the rules established thereunder until all representatives of the Management Board are appointed in accordance with Article 23 of this Regulation.

2.   By 1 April 2024, the Member States shall notify the Commission of the names of the persons whom they have appointed as members and alternates of the Management Board in accordance with Article 23.

3.   The Management Board established in accordance with Article 23 shall hold its first meeting by 3 August 2024. On that occasion, the Management Board may adopt its rules of procedures.

1.   The Director of the EMCDDA, appointed on the basis of Article 11 of Regulation (EC) No 1920/2006, shall, for the remaining period of her or his term of office, be assigned the responsibilities of Executive Director as provided for in Article 30 of this Regulation. The other conditions of her or his contract shall remain unchanged.

If the term of office of the Director of the EMCDDA ends between 1 July 2023 and 2 July 2024, and if that term has not already been extended under Regulation (EC) No 1920/2006, it shall be extended automatically until 3 July 2025.

2.   Where the Director appointed on the basis of Article 11 of Regulation (EC) No 1920/2006 is unwilling or unable to act in accordance with paragraph 1 of this Article, the Management Board shall designate an interim Executive Director to exercise the duties assigned to the Executive Director for a period not exceeding 18 months, pending the appointment of the Executive Director in accordance with Article 29(2).

1.   Regulation (EC) No 1920/2006 is repealed with effect from 2 July 2024.References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.

2.   Internal rules and measures adopted by the Management Board on the basis of Regulation (EC) No 1920/2006 shall remain in force after 2 July 2024, unless otherwise decided by the Management Board in the application of this Regulation.