Government Decision no. 1489/ 18 December 2002 (Official Gazette no. 956/27.12.2002)
ROMANIAN GOVERNMENT
DECISION
on establishing the National Anti-Drug Agency
Pursuant to Article 107 of the Constitution of Romania,
The Government of Romania passes the following Decision:
Article 1 - The National Anti-Drug Agency, hereafter named Agency, is established as a specialized body with juridical personality subordinated to the Ministry of Interior.
Article 2 - Based on a national strategy the Agency settles the general approach and the unitary co-ordination of the fight against illicit drug trafficking and abuse led by competent authorities, other state institutions and non-governmental organizations. It consolidates and monitors the results of the co-operation between the Romanian competent institutions and the foreign organizations involved in the field.
Article 3 - (1) The Agency is coordinated by a Secretary of state from the Ministry of Interior, appointed president of the Agency by the decision of the prime-minister.
(2) - The president takes decisions regarding credits and represents the Agency in relation with other public authorities, national or foreign juridical persons or individuals. He is also the legal representative of the Agency in court.
(3) - During his term of office, the president issues decisions compulsory for all the state institutions involved in the fight against drugs.
The president of the Agency has the following main responsibilities:
a) coordinates the drafting of the National Anti-Drug Strategy and of its action plans and takes action towards their implementation;
b) outlines and prepares proposals for the annual budget which he submits to the Ministry of Administration and Interior;;
c) monitors and controls the implementation of his own decisions, of the international conventions and agreements in which Romania is signing party and recommends measures to ensure adequate conditions for the integration in the European structures or in other international bodies;
d) endorses, according to the law, the set up of the non-governmental bodies which develop complementary actions for preventing illegal drug trafficking and abuse and co-operates with them in order to reach the aim to which they were established;
e) co-operates with specialized institutions in order to ensure and improve the professional training of the staff of the National anti-drug Agency;
f) approves the organizational chart of the Agency, manages the Agency, appoints and discharges personnel;
(4) - The president of the Agency is supported in his activity by a general manager who is his legal deputy.
(5) - The organizational chart of the Agency can be found in the annex which is a constituent part of this decision.
Article 4 - (1) The following departments are established and function within the Agency:
a) Evaluation Co-ordination Directorate, which preserves the Agency's database on illegal drug production, trafficking and abuse and drug money laundering, drafts surveys and synthesis of the drug phenomenon, co-ordinates highly complex activities in which participate other ministries and monitors the operations with precursors used in the illicit manufacture of drugs.
b) Directorate for preventing illegal drug abuse which coordinates at national level the activity of all drug prevention and counseling centers;
c) Human and Financial Resources Directorate which co-ordinates the allocation of the Agency's financial resources, drafts the necessary documentation for implementing financing programs and administrates the Agency's human, economical and technical resources;
d) Directorate for International Relations which co-ordinates the co-operation and collaboration activities with similar foreign institutions;
e) Romanian Observatory on Drugs and Drug Addiction which establishes the indicators and the criteria for assessing the drugs phenomena;
f) Audit Department.
(2) by the Decision of the Agency's President, services and offices can be established within the mentioned Directorates.
Article 5 - (1) The Agency has the following responsibilities:
a) drafts the National Anti-drugs Strategy and its action plan, submits them to the Government of Romania for adoption and monitors the manner of their application;
b) ensures the co-ordination between the institutions, the governmental and non-governmental organizations involved in the National Anti-drugs Strategy's activities;
c) formulates, monitors, endorses and co-ordinates the national programmes for countering illicit drug production and trafficking and drug money laundering;
d) formulates, monitors, endorses and co-ordinates, if the case may be, national programmes for preventing illegal drug abuse;
e) co-ordinates the prevention activity at national level for the drug prevention and counseling centers;
f) ensures the connections with the European Monitoring Center for Drugs and Drug Addiction and other international bodies in the field;
g) achieves and co-ordinates, at the national level, the activities of drug related data collection, analysis and dissemination, preserving legal confidentiality;
h) establishes the assessment indicators and criteria of the drug phenomenon;
i) consolidates, analyzes and synthesizes all data provided by the authorities, institutions and organizations involved in the fight against drugs;
j) drafts the annual report on the evolution and level of drug trafficking and abuse, based on received data, which is submitted to the Romanian Government and the international bodies responsible for ensuring the enforcement of the international conventions, according to the agreements ratified by Romania;
k) drafts surveys, synthesis, phenomenon analyses in the field of fight against drugs and takes action by disseminating materials in order to prevent and reduce the illicit drug production, traffic and abuse;
l) based on data on the spread and national characteristics of drug trafficking and abuse, the Agency makes proposals in order for the drug legislation to be harmonized, updated and tailored to the international provisions or initiates and originates normative acts in the field;
m) initiates, coordinates or endorses research activities in the field, as needed;
n) manages the necessary resources for the programmes provided by the Agency and controls their implementation ;
o) manages and administrates the human, economical and technical resources of the Agency;
p) every six months or whenever necessary evaluates the stage of the accomplishment of the National Anti-Drugs Strategy;
q) fulfills every other task in the field, according to the law.
(2) - The activities mentioned in paragraph (1) take place without any interference in the specific responsibilities and activities of other institutions.
Article 6 - (1) The Ministries and the central and local public institutions instrumental in fighting drug abuse and trafficking must provide, upon the request of the Agency, drug related data.
(2) On the request of the Agency, the Ministries and the competent institutions enable the participation of experts to coordinate major joint activities and provide the technical and logistical support for joint actions.
Article 7 - (1) The personnel of the Agency is either on permanent payroll or temporarily transferred to other state institutions.
(2) The maximum number of positions settled for the Agency is 40, excluding the President and the staff in its office.
Article 8 - (1) The Agency makes semestrial or annual assessments. At these evaluations can participate representatives of public and private institutions involved in this field, of non-governmental organizations and experts in the following fields of activity:
a) General Secretariat of the Government;
b) Ministry of Public Administration;
c) the central structure for countering illicit drug trafficking within the General Inspectorate of the Romanian Police;
d) Directorate for Countering Organized Crime and Anti-drug within the Prosecutor's Office with the Supreme Court of Justice;
e) National Criminology Institute;
f) the specialized structures within the General Customs Directorate;
g) the specialized structures within the General Inspectorate of Border Police;
h) the specialized directorates within the Ministry of Health and Family;
i) the specialized directorates within the Ministry of Education and Research;
j) the specialized directorates within the Ministry of Youth and Sports;
k) the specialized directorates within the Ministry of Labor and Social Solidarity;
l) the specialized directorates within the Ministry of National Defense;
m) the specialized directorates within the Ministry of Agriculture, Food and Forests;
n) National Office for Preventing and Countering Money Laundering;
o) Romanian Intelligence Service;
p) Foreign Intelligence Service;
q) representatives of certain international bodies and/or similar foreign agencies.
(2) The actions undertaken by the Agency and the competent institutions build on the results of the analysis of the drugs phenomenon.
Article 9 - (1) The Agency is fully financed by the state budget.
(2) The Agency may benefit from donations and sponsorships, according to the law.
Article 10 - (1) In order for the Agency to operate adequately, the Government shall transfer the necessary buildings owned by the state into the administration of the Agency, within 60 days of the entrance into force of this decision.
(2) - The number of vehicles of the Agency is established according to the law, which holds for other necessary goods, furniture, equipments, electric equipments and IT necessary for its optimal operation.
Article 11 - Within 30 days of the entrance into force of this decision, the Agency shall formulate the Regulation of organization and functioning, which is approved by the president.
Article 12 - Upon the entrance into force of this decision, the GD no. 534/1999 on the establishment of the Inter-ministerial Committee for Fighting Against Drugs, published in the Official Gazette of Romania, Part I, no.329 from 12 July 1999, as well as any other divergent provisions are repealed.
GD no. 183/ 20 February 2003 (OJ no. 131/23.02.2003)
ROMANIAN GOVERNMENT
DECISION
for the amendment of the Government Decision no. 1489/2002
on establishing the National Anti-Drug Agency
Pursuant to Article 107 of the Constitution of Romania,
The Romanian Government passes this decision:
Single article: - GD no.1489/2002 on establishing the National Anti-Drug Agency, published in the Official Gazette of Romania, Part I, no. 956 from 27 December 2002, shall be amended as follows:
1. Article 3, paragraph (1):
"Article 3 - (1) The Agency is managed by a president ranking as Secretary of state, directly subordinated to the Minister of Interior who is appointed by the decision of the Prime Minister, at the proposal of the Minister of Interior".
2. Article 7, indent (2):
"The maximum number of staff positions settled for the Agency is 40, President excluded."
