COUNCIL OFBrussels, 10 November 2006
THE EUROPEAN UNIONPUBLIC
DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC
JAI 578 CATS 165 COHOM 162 COEST 311
NOTE from :
to : Coreper
Subject : Proposal for a Council Regulation establishing a European Union Agency for
Proposal for a Council Decision empowering the European Union Agency for
Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty of the European Union
The Ad hoc Working Party on Fundamental Rights and Citizenship met sixteen times during the
Austrian Presidency to discuss the proposals. The compromise proposal of the Austrian Presidency
with regard to a consolidated text and the Preamble of the Regulation is set out in document
10755/06 JAI 321 CATS 128 COHOM 114 COEST 187.
The European Council of June 2006 took note of the progress achieved on the setting up of the
European Union Agency for Fundamental Rights and called for the necessary steps to be taken as
soon as possible, so that the Agency is up and running as from 1 January 2007.
From July to October 2006 the Presidency has held a series of informal bilateral consultations
aimed at solving the outstanding questions. In the course of those discussions it has emerged that
the principal outstanding question is the extension of the competence of the Agency to the issues
covered by Title VI TEU. It is the understanding of the Presidency that finding a compromise
solution to this question is an essential precondition for reaching an overall agreement on the
establishment of the Agency.
The Presidency presented the results of its bilateral consultations in Coreper on 27 September 2006
and in the JHA Council on 6 October 2006. The Presidency proposed to look for a compromise that
would enable the extension of the Agency's tasks to Title VI but in a more limited form than that
originally proposed by the Commission. The majority of delegations that took the floor in the JHA
Council on 6 October 2006 gave their support to the approach of the Presidency. Stressing the
importance of giving the Agency certain tasks under Title VI, these delegations urged the
Presidency to continue to seek a solution to the question concerning Title VI. A number of
An informal Trialogue meeting focusing on the question of the extension of the Agency's remit in
respect of issues governed by Title VI TEU was held between the Presidency, the Commission and
the European Parliament on 3 October 2006. Another Trialogue meeting is scheduled to take place
in Strasbourg on 15 November 2006.
At its meetings of 9 and 24 October 2006, the Ad hoc Working Party on Fundamental Rights and
Citizenship examined the text of Article 29 (transitory arrangements) of the proposed Council
Regulation (see document 14401/06 JAI 530 CATS 158 COHOM 156 COEST 279 FIN 502).
In the present document, the Presidency submits to COREPER all questions that, in the view of the
Presidency, remain outstanding, with a view to adopting a general approach on the text. These
questions are set out in point II.
The text of the proposal for a Council Regulation, based on document 10755/06 JAI 321 CATS 128
COHOM 114 COEST 187, is set out in Annex I. Compromise proposals by the Presidency are
indicated in italics.
A compromise proposal by the Presidency for the text of a Council Decision giving the European
Union Agency for Fundamental Rights certain tasks in areas referred to in Title VI of the Treaty on
European Union is set out in Annex II.
The European Parliament has not delivered its opinion yet.
In the compromise proposal by the Austrian Presidency, it was suggested to delete Article 3(2) in its
entirety and to transfer its content, including the reference to the Charter, to the Preamble.
In the context of the discussions concerning the Charter it has emerged that the majority of the
delegations would prefer to make reference to the Charter in the text of the Regulation. However,
they have indicated that they might accept a solution where reference was made to the Charter only
in the Preamble, as a part of a wider compromise package on the establishment of the Agency. In
this context, they have stressed the importance of extending the Agency's mandate to questions
covered by Title VI of the TEU.
On the basis of the informal consultations conducted by the Presidency, and in the light of the
present state of the discussions concerning the Agency's remit under Title VI, it seems likely that
the Agency's powers under Title VI will be limited considerably as compared to the Commission's
original proposal. It is the understanding of the Presidency that the solution to be found to the
question concerning Title VI ought to be taken into consideration when possible compromise
solutions to the question of the Charter are explored.
In the view of the Presidency, the operative part of the Regulation will need to contain a definition
of the fundamental rights that the Agency refers to when fulfilling its mandate. For this purpose, the
Presidency proposes a new wording for Article 3(2). The wish of the majority of the delegations to
underline the importance of the Charter has been taken account of by omitting the reference to the
explanations of the Charter from paragraphs 2 and 9 of the Preamble.
As regards the so-called potential candidate countries (i.e. Western Balkan countries), and in
follow-up to the COREPER meeting on 8 June 2006, a compromise solution seemed to emerge with
regard to the proposal set out in Annex I (Articles 3(3) and 27). The proposal is the same as the one
set out in document 10289/06 JAI 300 CATS 121 COHOM 104 COEST 177 + COR 1, prepared by
the Austrian Presidency for the General Affairs and External Relations Council of 12 June 2006.
The proposed wording provides for a possibility for the potential candidate countries to participate
in the work of the Agency as observers. The proposal does not foresee an automatic extension of the
Agency's scope to the potential candidate countries but merely states an option. As is well-known,
no Stabilisation and Association Agreement with a potential candidate country is currently in force,
and according to estimates of the Commission, it will still take a considerable number of years until
such agreements will be in place. Even after the entry into force of a relevant agreement, a decision
of the respective Association Council on the participation in the Agency's work will be required for
the extension of the Agency's activities to the country in question. As the Agency could deal with
fundamental rights issues in this country only to the extent necessary for its gradual alignment to
Community Law, the scope of the Agency's activities in this country would be more limited than in
relation to the Community and its Member States.
The Committee is invited to agree on the proposal as set out in Articles 3(3) and 27 of the proposed
While agreement on the general characteristics of the compromise has been reached, the text of the
declaration has not yet been discussed. The Presidency thus proposes the following wording for the
"The Council and the Commission consider that neither the Treaties nor the Regulation
establishing the European Union Agency for Fundamental Rights preclude the possibility for
the Council to seek the assistance of the future European Union Agency for Fundamental
Rights when deciding to obtain from independent persons a report on the situation in a
Member State within the meaning of Article 7 TEU if it considers that the European Union
Agency for Fundamental Rights offers the necessary guarantees of independence."
The Committee is invited to examine the proposal for the text of the declaration in order to agree to
this compromise solution.
Procedure for the Appointment of the Director of the Agency
During the Austrian Presidency it was discussed whether the appointment procedure of the Director
of the Agency should follow the horizontal principles currently examined by the Working Party on
the Staff Regulations or whether a specific appointment procedure should be opted for. In the light
of the exceptional character of this Agency, agreement was reached in COREPER on 8 June 2006
on the application of a particular appointment procedure. It was agreed that a declaration by the
Council, the Commission and the European Parliament would be included in the minutes of the
This exceptional nature of the Agency for Fundamental Rights justifies that the solutions
generally followed in the nomination of directors for agencies are not, in their entirety,
followed in the nomination of the director for the Agency for Fundamental Rights, and that, in
the case of this Agency, a more prominent role is given to the Parliament and to the Council
under Article 13 of the Regulation.
This solution cannot in any way be regarded as constituting a precedent which could be
referred to when nominating the director of any other agency, nor for the extension of his or
The Committee is invited to examine the proposal for the text of the declaration in order to agree to
this compromise solution.
Competence of the Agency regarding issues governed by the Title VI TEU
In the view of the Presidency, finding an overall compromise of the establishment of the Agency
presumes that a solution is found whereby the Agency can exercise certain functions under Title VI
as of its establishment. The Presidency considers that there are currently two alternative ways for
fulfilling this objective.
First, the scope of application of the Council Decision empowering the Agency to act in areas
Council Decision giving the Agency certain tasks in areas referred to in Title VI TEU (Option 1)
As the first option, the Presidency proposes a Council Decision, based on Articles 30, 31 and
34(2)(c) of the TEU, whereby the Agency would be given certain tasks in the areas covered by Title
VI of the TEU. In this option, however, the Agency's powers would be delimited in three principal
ways compared to the original proposal from the Commission.
First, the Agency's powers under Title VI would be limited to Union institutions only. While
recognising the different functions of the Council of Europe bodies and the future Agency, such a
limitation could be justified since, based on the case law of the European Court of Human Rights,
the main lacuna in fundamental rights protection with respect to the European Union concerns the
measures taken by the Union institutions.
Secondly, the right of the Agency to respond to requests made by the European Parliament, the
Council or the Commission could be further circumscribed under Title VI. The Presidency proposes
that right to be limited to the thematic areas determined in the decision itself or by the Multi-annual
Thirdly, the powers of the Agency's action would be confined more closely and more explicitly to
measures taken in the areas of police cooperation and judicial cooperation in criminal matters. In
the current proposal, a closer link has been created between the activities of the Agency and the
tasks and powers of the Union institutions under Title VI.
A combination of a review clause and a possibility for informal consultation (Option 2)
Alternatively, since the Agency will gather a broad spectrum of expertise in fundamental rights
questions, the Union institutions and the Member States could, as appropriate and on a voluntary
basis, avail of this expertise also within the areas of police and judicial cooperation in criminal
matters. Such a possibility would be acknowledged in a specific declaration to be adopted by the
Council and would exist as of the entry into force of the Council Regulation establishing the
Agency. The declaration to be adopted by the Council would not require a legal basis.
In addition, there would be a review ("rendez-vous") clause whereby the Council would agree to
reconsider, before 31 December 2009, the possibilities to empower the Agency to pursue its
activities in the areas of covered by Title VI. Such reconsideration would be separate from the
wider review process concerning the Agency's tasks under Articles 30 and 31 of the Regulation.
More specifically, this option would consist of the following elements:
First, Article 28 of the Regulation could be deleted and replaced by a new recital as follows:
"Nothing in this Regulation should be interpreted to prejudice the question of whether the
remit of the Agency should be extended to cover the areas of police cooperation and judicial
cooperation in criminal matters;"
Bearing in mind that, when fulfilling its mandate under Regulation (EC) 2006/XXX, the
European Union Agency for Fundamental Rights will acquire general expertise on
Considers that the Union institutions, when acting in the legislative process, may benefit, as
appropriate and on a voluntary basis, from such expertise also within the areas of police and
judicial cooperation in criminal matters, and
Considers that this general expertise may also be of use to the Member States that wish to
avail themselves thereof when implementing legislative acts of the Union in that area."
The Committee is invited to examine this option with a view to reaching a compromise solution.
The draft Regulation is subject to following reservations:
Parliamentary scrutiny reservations by CZ, IT, SE, and PL.
General scrutiny reservations by DELETED.
Proposal for a
establishing a European Union Agency for Fundamental Rights
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308
Having regard to the proposal from the Commission1,
Having regard to the opinion of the European Parliament2,
Having regard to the opinion of the European Economic and Social Committee3,
Having regard to the opinion of the Committee of the Regions4,
(1) The European Union is founded on the principles of liberty, democracy, respect for human
rights and fundamental freedoms, and the rule of law, which are common values to the
(2)1 The Charter of Fundamental Rights of the European Union 2and the accompanying
explanations, bearing in mind its status, reflects the rights as they result, in particular, from
the constitutional traditions and international obligations common to the Member States, the
Treaty on European Union, the Community Treaties, the European Convention for the
Protection of Human Rights and Fundamental Freedoms3, the social charters adopted by the
Community and by the Council of Europe and the case law of the Court of Justice of the
European Communities and of the European Court of Human Rights.
(3) The Community and its Member States must respect Fundamental Rights when
implementing Community law.
(4) Greater knowledge of and broader awareness of Fundamental Rights issues in the Union are
conducive to ensuring full respect of Fundamental Rights. It would contribute to this
objective to establish a Community agency whose tasks would be to provide information
and data on Fundamental Rights matters. Moreover, developing effective institutions for the
protection and promotion of human rights is a common value of the international and
European societies, as expressed by Recommendation No R (97) 14 of the Committee of
Ministers of the Council of Europe of 30 September 1997.
(5) The Representatives of the Member States, meeting within the European Council on
13 December 2003, agreed to build upon the existing European Monitoring Centre on
Racism and Xenophobia established by Council Regulation (EC) No 1035/97 of 2 June
19974 and to extend its mandate to make it a Human Rights Agency. They also decided on
(7) A European Union Agency for Fundamental Rights should accordingly be established,
building upon the existing European Monitoring Centre on Racism and Xenophobia, to
provide the relevant institutions and authorities of the Community and its Member States
when implementing Community law with information, assistance and expertise on
Fundamental Rights in order to support them when they take measures or formulate courses
of action within their respective spheres of competence to fully respect Fundamental Rights.
(8) It is recognised that the Agency should act only within the scope of application of
(9) The Agency should refer in its work to Fundamental Rights within the meaning of Article
6(2) of the Treaty on European Union, including the European Convention on Human
Rights and Fundamental Freedoms, and as reflected in particular in the Charter of
Fundamental Rights, and the accompanying explanations bearing in mind its status.2 The
close connection to the Charter should be reflected in the name of the Agency.
(10) As the Agency is to be built upon the existing European Monitoring Centre on Racism and
Xenophobia, the work of the Agency should continue to cover the phenomena of racism,
xenophobia and anti-Semitism, the protection of rights of persons belonging to3 minorities,
as well as gender equality, as essential elements for the protection of Fundamental Rights.
(11) The thematic areas of activity of the Agency should be laid down in the Multi-annual
(12) The Agency should collect objective, reliable and comparable information on the
development of the situation of Fundamental Rights, analyse this information in terms of
causes of disrespect, consequences and effects and examine examples of good practice in
dealing with these matters.
(13) The Agency should have the right to formulate opinions to the Union institutions and to the
Member States when implementing Community law, either on its own initiative or at the
request of the European Parliament, the Council or the Commission, without interference
with the legislative and judicial procedures established in the Treaty. Nevertheless, the
institutions should be able to request opinions on their legislative proposals or positions
taken in the course of legislative procedures as far as their compatibility with Fundamental
Rights are concerned.
(14) The Agency should present an annual report on Fundamental Rights issues covered by the
areas of the Agency's activity, also highlighting examples of good practice. Furthermore, the
Agency should produce thematic reports on topics of particular importance to the Union's
(15) The Agency should take measures to raise the awareness of the general public about their
Fundamental Rights, and about possibilities and different mechanisms for enforcing them in
general, without, however, dealing itself with individual complaints.
(18) The Agency should collaborate closely with the Council of Europe. Such cooperation should
guarantee that any overlap between the activities of the Agency and those of the Council of
Europe is avoided, in particular by elaborating mechanisms to ensure complementarity and
added value, such as the conclusion of a bilateral cooperation agreement and the
participation of an independent person appointed by the Council of Europe in the
management structures of the Agency with appropriately defined voting rights.
(19) Recognising the important role of civil society in the protection of Fundamental Rights, the
Agency should promote dialogue with civil society and work closely with non-governmental
organisations and with institutions of civil society active in the field of Fundamental Rights.
It should set up a cooperation network called the "Fundamental Rights Platform" with a
view to creating a structured and fruitful dialogue and close cooperation with all relevant
(20) Given the particular functions of the Agency, each Member State should appoint one
independent expert to the Management Board. Having regard to the principles relating to the
status and functioning of national institutions for the protection and promotion of human
rights (so called Paris Principles,) the composition of that Board should ensure the Agency's
independence from both the Community institutions and the Member State's governments,
and assemble the broadest possible expertise in the field of Fundamental Rights;
(21) In order to ensure the high scientific quality of the work of the Agency, the Agency should
(23) Considering the significant role played by the European Parliament in the defence,
mainstreaming and promotion of Fundamental Rights, it should be involved in activities of
the Agency, including the adoption of the Multi-annual Framework for the Agency and
given the exceptional nature and task of the Agency, the selection of the candidates
proposed for the post of the Director of the Agency without setting a precedent for other
(24) The Agency should apply the relevant Community legislation concerning public access to
documents as set out in Regulation (EC) No 1049/2001 of 30 May 2001 of the European
Parliament and of the Council,2 the protection of individuals with regard to the processing of
personal data as set out in Regulation (EC) No 45/2001 of 18 December 2000 of the
European Parliament and of the Council,3 and concerning languages, as set out in Regulation
No 1 of 15 April 19584 and in Council Regulation (EC) No 2965/94 of 28 November 1994.5
(25) Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 20026 on the
framework Financial Regulation for the bodies referred to in Article 185 of Council
Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the
general budget of the European Communities7 should apply to the Agency, as well as
Regulation (EC) No 1073/1999 of 25 May 1999 of the European Parliament and the
Council8 concerning investigations conducted by the European Antifraud Office (OLAF).
(26) The Staff Regulations of Officials of the European Communities, the Conditions of
Employment of Other Servants of the European Communities and the rules adopted jointly
(27) The Agency should have legal personality and succeed the European Monitoring Centre on
Racism and Xenophobia as regards all legal obligations, financial commitments or liabilities
carried out by the Centre or agreements made by the Centre as well as the employment
contracts with the staff of the Centre.1 [...].
[(28) The Agency should be open to the participation of candidate countries. Furthermore, the
countries with which a Stabilisation and Association agreement has been concluded should
be allowed to participate in the Agency, since this will enable the Union to support their
efforts towards European integration2 by facilitating a gradual alignment of their legislation
with Community law as well as the transfer of know-how and good practice, particularly in
those areas of the acquis that will serve as a central reference point for the reform process in
the Western Balkans.]3.
(29) The Agency should initiate the necessary evaluations of its activities in due time, on the
basis of which the Agency's scope, tasks and working methods could be reviewed.
(30) Since the objectives of the action to be taken, namely the provision of comparable and
reliable information and data at European level in order to assist the Union institutions and
the Member States in respecting Fundamental Rights, cannot be sufficiently achieved by the
Member States and can therefore, by reason of the scale and impact of the proposed action,
be better achieved at Community level, the Community may adopt measures, in accordance
with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the
(31) The contribution made by the Agency to ensuring full respect of Fundamental Rights in the
framework of Community law is likely to help achieve the Community's objectives.1 With
regard to the adoption of this Regulation, the Treaty does not provide for powers other than
those set out in Article 308.
(32) [The Council should have the possibility of adopting a Decision pursuant to Title VI of the
Treaty on European Union to empower the Agency to pursue its activities, also with respect
to areas covered by that Title.].
(33) As Council Regulation (EC) No 1035/97 would have to be substantially amended for the
establishment of the Agency, it should be repealed in the interests of clarity.
HAS ADOPTED THIS REGULATION.
SUBJECT MATTER, OBJECTIVE, SCOPE, TASKS AND AREAS OF ACTIVITY
The objective of the Agency shall be to provide the relevant institutions, bodies, offices and
agencies of the Community and its Member States when implementing Community law with
assistance and expertise relating to fundamental rights in order to support them when they take
measures or formulate courses of action within their respective spheres of competence to fully
respect fundamental rights.
1.The Agency shall carry out its tasks for the purpose of meeting the objective set in Article 2
within the competencies of the Community as laid down in the Treaty establishing the European
2.The Agency shall refer in carrying out its tasks to fundamental rights as guaranteed by
international human rights treaties, in particular the European Convention for the Protection of
Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and its Protocols,
and as they result from the constitutional traditions common to the Member States as general
principles of Community law.
1.To meet the objective set in Article 2 and within its competences laid down in Article 3, the
(a) collect, record, analyse and disseminate relevant, objective, reliable and comparable
information and data, including results from research and monitoring communicated to
it by Member States, Union institutions as well as bodies, offices and agencies of the
Community and the Union, research centres, national bodies, non-governmental
organisations, third countries and international organisations and in particular by the
competent bodies of the Council of Europe;
(b) develop methods and standards to improve the comparability, objectivity and reliability
of data at European level, in cooperation with the Commission and the Member States;
(c) carry out, cooperate with or encourage scientific research and surveys, preparatory
studies and feasibility studies, also, where appropriate and compatible with its priorities
and its annual work programme, at the request of the European Parliament, the Council
or the Commission.
(f) publish an annual report on fundamental rights issues covered by the areas of the
Agency's activity, also highlighting examples of good practice;
(g) publish thematic reports based on its analysis, research and surveys;
(h) publish an annual report on its activities; and
(i) develop a communication strategy and promote dialogue with civil society, in order to
raise public awareness of fundamental rights and actively inform about its work.
2.The conclusions, opinions and reports referred to in paragraph 1 may concern proposals from
the Commission under Article 250 of the Treaty or positions taken by the institutions in the
course of legislative procedures only where a request by the respective institution has been
made in accordance with Article 4(1)(d). They shall not deal with the legality of acts within
the meaning of Article 230 or with the question whether a Member State has failed to fulfil an
obligation under the Treaty within the meaning of Article 226 of the Treaty.
2.The Framework shall:
(a) cover five years;
(b) determine the thematic areas of the Agency's activity, which must include the fight against
racism, xenophobia and related intolerance;
(c) be in line with the Union priorities, taking due account of the orientations resulting from
the European Parliaments resolutions and Council conclusions in the field of fundamental
(d) have due regard to the Agency's financial and human resources; and
(e) include provisions with a view to ensuring complementarity with the remit of other
Community and Union bodies, offices and agencies, as well as with the Council of Europe
and other international organisations active in the field of fundamental rights.
3.The Agency shall carry out its tasks within the thematic areas determined by the Multi-annual
Framework. This shall be without prejudice to the responses of the Agency to requests from
the European Parliament, the Council or the Commission under Articles 4 (1) c) and d) [...]
outside these thematic areas, provided its financial and human resources so permit.
4.The Agency shall carry out its tasks in the light of its Annual Work Programme and with due
(a) set up and co-ordinate information networks as well as use existing networks;
(b) organize meetings of external experts and,
(c) whenever necessary, set-up ad hoc working Parties.
2.In pursuing its activities, the Agency shall, in order to achieve complementarity and guarantee
the best possible use of resources, take account, where appropriate, of information collected
and of activities undertaken, in particular by
(a) Union institutions as well as bodies, offices and agencies of the Community and the
Union, and by bodies, offices and agencies of the Member States;
(b) the Council of Europe, by referring to the findings and activities of the Council of
Europe's monitoring and control mechanisms, as well as of the Council of Europe
Commissioner for Human Rights; and
(c) the Organisation of Security and Co-operation in Europe (OSCE), the United Nations and
other international organisations.
3.The Agency may enter into contractual relations, in particular subcontracting arrangements,
Cooperation with organisations at Member State and international level
1.In order to ensure close co-operation with Member States, each Member State shall nominate
a government official as a National Liaison Officer, who shall be the main1 contact point for
the Agency in the Member State. The National Liaison Officers may, inter alia, submit
opinions on the draft Annual Work Programme to the Director prior to its submission to the
Management Board. The Agency shall communicate to the National Liaison Officers all
documents drawn up in accordance with Article 4(1)(a), (b), (c), (d), (e), (f), (g), (h) and (i).
2.To help it carry out its tasks, the Agency shall cooperate with
-governmental organisations and public bodies competent in the field of fundamental
rights in the Member States, including national human rights institutions;
-the Organisation for Security and Co-operation in Europe (OSCE), especially the Office
for Democratic Institutions and Human Rights (ODIHR) the United Nations2 and other
3.The administrative arrangements for the cooperation provided for by paragraph 2 shall
comply with Community law and shall be adopted by the Management Board on the basis of
the draft submitted by the Director after the Commission has delivered an opinion. Where the
Cooperation with the Council of Europe
In order to ensure complementarity and added value, the Agency shall coordinate its activities with
those of the Council of Europe, particularly with regard to the Annual Work Programme pursuant to
Article 11(6)(a) and to cooperation with civil society in accordance with Article 9a. To this end, the
Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter
into an agreement with the Council of Europe for the purpose of establishing close cooperation
between the latter and the Agency. This agreement shall include the appointment of an independent
person by the Council of Europe, to sit on the Agency's Management Board and on its Executive
Board, in accordance with Articles 11 and 12.
Cooperation with Civil Society; Fundamental Rights Platform
1.The Agency shall closely cooperate with non-governmental organisations and with
institutions of civil society, active in the field of fundamental rights including in combating
racism and xenophobia at national, European or international level. To that end, the Agency
shall establish a cooperation network1 (Fundamental Rights Platform), composed of non-
governmental organisations dealing with human rights, trade unions and employer's
organisations, relevant social and professional organisations, churches, religious,
philosophical and non-confessional organisations, universities and other qualified experts of
4.The Agency shall call upon the Platform in particular, to:
(a) make suggestions to the Management Board on the Annual Work Programme to be
adopted under Article 11(6)(a);
(b) give feedback and suggest follow up to the Management Board on the annual report
provided for in Article 4(1)(f ) and
(c) communicate outcomes and recommendations of conferences, seminars and meetings
relevant to the work of the Agency to the Director and the Scientific Committee.
5.The Platform shall be coordinated under the authority of the Director.
Bodies of the Agency
The Agency shall comprise:
(a) a Management Board;
(b) an Executive Board;
(c) a Scientific Committee; and
(a) one independent person appointed by each Member State, having high level
responsibilities in an independent national human rights institution or other public or
private sector organisation;1
(b) one independent person appointed by the Council of Europe; and
(c) two representatives of the Commission.
2.Each member of the Management Board may be represented by an alternate member meeting
the above requirements and appointed by the same procedure. The list of the members and
alternate members of the Board shall be made public and shall be updated by the Agency on
its web site.
3.The term of office of the members and alternate members of the Management Board shall be
five years. It shall not be renewable.
4.Apart from normal replacement or death, the term of office of the member or the alternate
member shall end only when he or she resigns. However, where a member or an alternate
member no longer meets the criteria of independence, he or she shall forthwith inform the
Commission and the Director of the Agency. The party concerned shall appoint a new
member or a new alternate member for the remaining term of office. The party concerned
shall also appoint a new member or a new alternate member for the remaining term of office,
if the Management Board has established, based on a proposal of one third of its members or
6.The Management Board shall ensure that the Agency performs the tasks entrusted to it. It
shall be the Agency's planning and monitoring body. In particular, it shall:
(a) adopt the Agency's Annual Work Programme in accordance with the Multi-annual
Framework, on the basis of a draft submitted by the Agency's Director after the
Commission and the Scientific Committee have delivered an opinion. It shall be in
accordance with the available financial and human resources and shall take into account
the research and statistical work of the Community. The Annual Work Programme shall
be transmitted to the European Parliament, the Council and the Commission;
(b) adopt the annual reports referred to in Article 4(1)(f) and (h), comparing in the latter
one, in particular, the results achieved with the objectives of the annual work
programme; without prejudice to Article 12a(5), the Scientific Committee shall be
consulted before adoption of the report referred to in Article 4(1)(f); the reports shall be
transmitted not later than 15 June to the European Parliament, the Council, the
Commission, the Court of Auditors, the European Economic and Social Committee and
the Committee of the Regions;
(c) appoint and, if necessary, dismiss the Agency's Director;
(g) adopt the Agency's rules of procedure on the basis of a draft submitted by the Director
after the Commission , the Scientific Committee and the person mentioned in (1)(b)1
have delivered an opinion;
(h) adopt the financial rules applicable to the Agency on the basis of a draft submitted by
the Director after the Commission has delivered an opinion, in accordance with Article
(i) adopt the necessary measures to implement the Staff Regulations of Officials of the
European Communities and the Conditions of Employment of Other Servants of the
European Communities, in accordance with Article 23(3);
(j) adopt the arrangements on transparency and access to documents in accordance with
(k) appoint and revoke the members of the Scientific Committee in accordance with
Article 12a(1) and (3) ; and
(l) establish that a member or an alternate member of the Management Board no longer
meets the criteria of independence, in accordance with paragraph 4.
8.Decisions by the Management Board shall be taken by a simple majority of the votes cast,
except as regards the decisions referred to in paragraph 5 as well as in the points (a), (b), (c),
(d), (e), (g), (k) and (l) of paragraph 6, where a two-thirds majority1 of all members shall be
required. Each member of the Management Board, or, in his or her absence, his or her
alternate shall have one vote. The Chairperson shall have the casting vote. The person
appointed by the Council of Europe may vote2 on decisions referred to in points (a), (b), [...]3
and (k) of paragraph 6.
The Chairperson shall convene the Board twice a year, without prejudice to extraordinary
meetings. The Chairperson shall convene extraordinary meetings on his or her own initiative
or at the request of at least one third of the members of the Management Board.
10.The Chairperson or Vice-Chairperson of the Scientific Committee and the Director of the
European Institute for Gender Equality may attend meetings of the Management Board as
observers. The Directors of other relevant Community agencies and Union bodies as well as
of other international institutions mentioned in Articles 8 and 9 may also attend as observers
when invited by the Executive Board.
1.The Management Board shall be assisted by an Executive Board. The Executive Board shall
be made up of the Chairperson and the Vice-Chairperson of the Management Board, two
2.The Executive Board shall be convened by the Chairperson whenever necessary to prepare the
decisions of the Management Board and to assist and advise the Director. It shall adopt its
decisions by simple majority.
The Director shall take part in the meetings of the Executive Board, without voting rights.
1.The Scientific Committee shall be composed of eleven independent persons, highly qualified
in the field of fundamental rights. The Management Board shall appoint the members
following a transparent call for applications and selection procedure after having consulted
the competent committee of the European Parliament. The Management Board shall ensure
even geographical representation. The members of the Management Board shall not be
members of the Scientific Committee. The rules of procedure referred to in Article 11(6) (g)
shall lay down the detailed conditions governing the appointment of the Scientific Committee.
2.The term of office of the members of the Scientific Committee shall be five years. It shall not
3.The members of the Scientific Committee shall be independent. They may be replaced only at
their own request, or in the event of their being permanently prevented from fulfilling their
duties. However, where a member no longer meets the criteria of independence, he or she
5.The Scientific Committee shall be the guarantor of the scientific quality of the Agency's
work, guiding the work to that effect. For that purpose, the Director shall involve the
Scientific Committee as early as appropriate in the preparations of all documents drawn up in
accordance with Article 4(1) (a), (b), (c), (d), [...], (f), (g), and (i).
6.The Scientific Committee shall pronounce itself by two thirds majority. It shall be convened
by its Chairperson four times per year. If necessary, the Chairperson shall launch a written
procedure or shall convene extraordinary meetings on his or her own initiative or at the
request of at least four members of the Scientific Committee.
1.The Agency shall be headed by a Director appointed by the Management Board in accordance
with a co-operation ("concertation") procedure provided for in paragraph 2.
The Director shall be appointed on the basis of his or her personal merit, experience in the
field of fundamental rights and administrative and management skills.
2.This cooperation procedure shall be as follows1:
(a) On the basis of a list drawn up by the Commission after a call for candidates and a
transparent selection procedure, applicants will be asked before an appointment is made to
address the Council and the competent European Parliament Committee and to reply to
3.The Director's term of office shall be five years.
In the course of nine months preceding the end of this period, the Commission shall undertake
an evaluation. In the evaluation, the Commission shall assess in particular:
-the performance of the Director;
-the Agency's duties and requirements in the coming years.
The Management Board, acting on a proposal from the Commission, taking account of the
evaluation report, and only in those cases where it can be justified by the duties and the
requirements of the Agency, may extend the term of office of the Director once for not more
than three years.
The Management Board shall inform the European Parliament and the Council about its
intention to extend the Director's mandate. Within a delay of one month before the
Management Board formally takes its decision to extend this mandate, the Director may be
asked to make a declaration before the competent committee of the Parliament and answer
questions from its members.
If the term of office is not extended, the Director shall remain in office until the appointment
of his/her successor.
(d) matters of day-to-day administration;
(e) implementation of the Agency's budget, in accordance with Article 20;
(f) implementation of effective monitoring and evaluation procedures relating to the
performance of the Agency against its objectives according to professionally recognised
standards. The Director shall report annually to the Management Board on the results of
the monitoring system;
(g) cooperation with National Liaison Officers; and
(h) cooperation with Civil Society, including coordination of the Fundamental Rights
Platform in accordance with Article 9a.
5.The Director shall perform his/her tasks independently. He or she shall be accountable for the
management of his/her activities to the Management Board and shall participate in its
meetings without voting rights.
6.The Director may be called upon at any time by the European Parliament or by the Council to
attend a hearing on any matter linked to the Agency's activities.
The Director may be dismissed by the Management Board before his or her term has expired,
2.The members and alternate members of the Management Board, the members of the Scientific
Committee and the Director shall undertake to act in the public interest. For this purpose, they
shall make a statement of interests indicating either the absence of any interests which might
be considered prejudicial to their independence or any direct or indirect interests which might
be considered prejudicial to their independence. The statement shall be made in writing when
taking the office and shall be revised in case changes occur with regard to the interests. It
shall be published by the Agency on its website.
Transparency and access to documents
1.The Agency shall develop good administrative practices in order to ensure the highest
possible level of transparency concerning its activities.
Regulation (EC) No 1049/2001 of the European Parliament and of the Council shall apply to
the documents held by the Agency.
2.The Management Board shall, within six months of the commencement of the Agency's
operation adopt specific rules for the practical implementation of paragraph 1.
These shall include inter alia rules for:
Regulation (EC) No 45/2001 of the European Parliament and of the Council shall apply to the
Review by the Ombudsman
The operations of the Agency are subject to the supervision of the Ombudsman in accordance with
the provisions of Article 195 of the Treaty.
Drawing up of the budget
1.Estimates of all the revenue and expenditure of the Agency shall be prepared for each
financial year, corresponding to the calendar year, and shall be shown in the budget of the
4.The expenditure of the Agency shall include staff remuneration, administrative and
infrastructure costs and operating expenses.
5.Each year the Management Board, on the basis of a draft drawn up by the Director, shall
produce an estimate of revenue and expenditure for the Agency for the following financial
year. This estimate, which shall include a draft establishment plan, shall be transmitted by the
Management Board to the Commission by 31 March at the latest.
6.The estimate shall be transmitted by the Commission to the European Parliament and the
Council (hereinafter the "budgetary authority") together with the preliminary draft budget of
the European Union.
7.On the basis of the estimate, the Commission shall enter in the preliminary draft general
budget of the European 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 Article 272 of the Treaty.
8.The budgetary authority shall authorise the appropriations for the subsidy to the Agency. The
budgetary authority shall adopt the Agency's establishment plan.
9.The Agency's budget shall be adopted by the Management Board. It shall become final
Implementation of the budget
1.The Director shall implement the Agency's budget.
2.By 1 March at the latest following each financial year, the Agency's accounting officer shall
communicate the provisional accounts to the Commission's accounting officer, together with a
report on the budgetary and financial management for that financial year.
The Commission's accounting officer shall consolidate the provisional accounts of the
institutions and decentralised bodies in accordance with Article 128 of Council Regulation
(EC, Euratom) No 1605/2002 ("the Financial Regulation").
3.No later than 31 March following each financial year, the Commission's accounting officer
shall transmit the Agency's provisional accounts to the Court of Auditors, together with a
report on the budgetary and financial management for that financial year. The report on the
budgetary and financial management for that financial year shall also be transmitted to the
European Parliament and the Council.
4.On receipt of the Court of Auditors' observations on the Agency's provisional accounts,
pursuant to Article 129 of the Financial Regulation, the Director shall draw up the Agency's
8.The Director shall send the Court of Auditors a reply to its observations no later than
30 September. He/she shall also send this reply to the Management Board.
9.The Director shall submit to the European Parliament, at the latter's request, any information
required for the smooth application of the discharge procedure for the financial year in
question, as laid down in Article 146(3) of the Financial Regulation.
10.The European Parliament, on a recommendation from the Council acting by a qualified
majority, shall, before 30 April of year N + 2, give a discharge to the Director in respect of the
implementation of the budget for year N.
11.The financial rules applicable to the Agency shall be adopted by the Management Board after
the Commission has been consulted. They may not depart from Commission Regulation (EC,
Euratom) No 2343/2002 of 19 November 2002, unless specifically required for the Agency's
operation and with the Commission's prior consent.
1.In order to combat fraud, corruption and other unlawful activities, the provisions of
Regulation (EC) No 1073/1999 of the European Parliament and of the Council shall apply
Legal status and location
1.The Agency shall have legal personality.
2.In each of the Member States, the Agency shall enjoy the most extensive legal capacity
accorded to legal persons under their laws. In particular it may acquire and dispose of
movable and immovable property and may be a party to legal proceedings.
3.The Agency shall be represented by its Director.
4.The Agency shall legally succeed the European Monitoring Centre on Racism and
Xenophobia. It shall assume all legal rights and obligations, financial commitments or
liabilities of the Centre. Employment contracts concluded by the Centre before the adoption
of this Regulation shall be honoured.
5.The seat of the Agency shall be Vienna.1
2.In respect of its staff, the Agency shall exercise the powers conferred on the appointing
authority by the Staff Regulations of Officials of the European Communities and on the
authority entitled to conclude contracts by the Conditions of Employment of Other Servants
of the European Communities.
3.The Management Board shall, in agreement with the Commission, adopt the necessary
implementing measures, in accordance with arrangements provided for in Article 110 of the
Staff Regulations of Officials of the European Communities and the Conditions of
Employment of Other Servants of the European Communities.
4.The Management Board may adopt provisions to allow national experts from Member States
to be employed on secondment at the Agency.
1.The provisions of Regulation No 1 of 15 April 1958 shall apply to the Agency.
2.The translation services required for the functioning of the Agency shall be provided by the
Privileges and immunities
The Protocol on the Privileges and Immunities of the European Communities shall apply to the
Jurisdiction of the Court of Justice
1.The contractual liability of the Agency shall be governed by the law applicable to the contract
The Court of Justice shall have jurisdiction pursuant to an arbitration clause contained in a
contract concluded by the Agency.
2.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 the
Agency or its servants in the performance of their duties.
The Court of Justice shall have jurisdiction in disputes relating to compensation for any such
3.The Court of Justice shall have jurisdiction in actions brought against the Agency under the
conditions provided for in Article 230 or 232 of the Treaty.
2.The participation and the respective modalities shall be determined by a decision of the
relevant Association Council, taking into account the specific status of each country. The
decision shall indicate in particular the nature, extent and manner in which these countries
will participate in the Agency's work, within the framework set in Articles 4 and 5, including
provisions relating to participation in the initiatives undertaken by the Agency, to the financial
contribution and to staff. The decision shall be in line with this Regulation and with the Staff
Regulations of Officials of the European Communities and the Conditions of Employment of
Other Servants of the European Communities. The decision shall provide that the
participating country may appoint an independent person fulfilling the qualifications for
persons referred to in Article 11(1)(a) as observer to the Management Board without right to
Activities under Title VI of the Treaty on European Union
This Regulation shall be without prejudice to the possibility for the Council, acting in accordance
with Title VI of the Treaty on European Union, to empower the Agency to pursue its activities
under this Regulation also with respect to the areas covered by Title VI of the Treaty on the
2.With regard to the appointment of the Management Board:
(a) The Commission shall take the necessary measures without delay after the entry into force
of this Regulation to ensure that a Management Board to be established in accordance
with Article 11 shall start its work in due course.
(b) Within four1 months from the entry into force of this Regulation, the Member States shall
notify the Commission of the names of the persons whom they have appointed as member
and alternate member of the Management Board, in accordance with Article 11(1) and (2).
After expiry of this period, the Commission shall convene the Management Board,
provided that at least 17 members have been appointed. In such a case and by derogation
from Article 11(8), the decisions of the Management Board shall be taken by a two thirds
majority of the votes of the appointed members. Once 23 members of the Management
Board have been appointed, Article 11(8) shall apply.
(c) In the first meeting of the Management Board, after all appointments have been
completed, the Commission shall choose by lot 15 members of the Management Board,
whose duties are to end, by way of derogation from Article 11(4), upon expiry of the first
three years of their term of office.
3.The parties concerned shall start the procedure for appointing a Director of the Agency as
-issue an opinion on a proposal from the Commission concerning the text of the call for
candidates for the post of the Director in accordance with Article 13(1) in order to start the
-appoint, acting on a proposal from the Commission, an interim Director or extend the
current term of the Director of the Centre for the shortest possible period, pending the
appointment procedure referred to in paragraph 3; and
-adopt the Agency's budget for year 2007 in accordance with Article 19(9) and a draft budget
for year 2008 in accordance with Article 19(5).1
-adopt the annual report on the Centre's own activities for 2006, in accordance with Article
1.The Agency shall regularly carry out ex-ante and ex-post evaluations of its activities when
these necessitate significant expenditure. The Director shall notify the Management Board of
the results of these evaluations.
-assess the possible need to modify the Agency's tasks, scope areas of activity or
-include an analysis of the synergy effects and the financial implications of any
modification of the tasks; and
-take into account the views of the stakeholders at both Community and national levels;
4.The Management Board, in agreement with the Commission, shall determine the timing and
scope of the following external evaluations, which shall be carried out periodically.
1.The Management Board shall examine the conclusions of the evaluation referred to in Article
31(3) and (4) and issue to the Commission such recommendations as may be necessary
regarding changes in the Agency, its working practices and the scope of its mission. The
Commission shall transmit the evaluation report and the recommendations to the European
Parliament, the Council, the Economic and Social Committee and the Committee of the
Regions and make them public.
2.After having assessed the evaluation report and the recommendations, the Commission may
2.References to the repealed Regulation shall be construed as references to this Regulation.1
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
Proposal for a
giving the European Union Agency for Fundamental Rights certain tasks in areas referred to in Title
VI of the Treaty on European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 30, 31 and 34(2)(c)
Having regard to the proposal from the Commission1,
Having regard to the opinion of the European Parliament2,
HAS DECIDED AS FOLLOWS:
In conformity with Article 28 of Council Regulation (EC) No 2006/[...], the European Agency for
The Agency shall provide the Union institutions, bodies, offices and agencies with assistance and
expertise relating to fundamental rights in order to support them to fully respect fundamental rights
when they take measures or formulate courses of action under the following provisions of the
Treaty on European Union:
The Council shall, acting on a proposal from the Commission and after consulting the European
Parliament adopt a Decision containing a Multi-annual Framework for the Agency in relation to
thematic areas subject to Title VI of the Treaty. When preparing its proposal, the Commission shall
consult the Management Board.
Paragraphs 2 and 4 of Article 5 of Regulation (EC) No. 2006/[...] shall apply mutatis mutandis to
the Multi-annual Framework adopted in accordance with paragraph 1.
Subject to Article 2, the conclusions and opinions on specific thematic topics formulated by the
Agency under Title VI at the request of the European Parliament, the Council or the Commission
Without prejudice to Articles 2 to 5 of this decision, Articles 3, 4 and 6 to 32 of Regulation (EC) No
2006/[...] shall apply by analogy in the context of the Agency's activities under this Decision.
References to Community law in these provisions of Regulation (EC) No 2006/[...] shall be
understood as referring to Union law in the area of Title VI of the Treaty. References to relevant
Community bodies, agencies and offices shall be understood as referring also to Union relevant
bodies established in or on the basis of Title VI.
This decision shall cease to apply in the event and to the extent that action in areas referred to in
Title VI should come within the scope of Regulation (EC) No 2006/[...] as a result of a decision
adopted pursuant to Article 42 of the Treaty on European Union or of an amendment to the Treaties
pursuant to Article 48 of that Treaty.
This Decision shall take effect on the twentieth day following that of its publication in the Official
Journal of the European Union.
Done at Brussels,
For the Council