1997R1035 — EN — 01.10.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1035/97
of2June1997
establishingaEuropeanMonitoringCentreonRacismandXenophobia
(OJ L 151, 10.6.1997, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1652/2003 of 18 June 2003 L 245 33 29.9.2003
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COUNCILREGULATION(EC)No1035/97
of2June1997
establishing a European Monitoring Centre on Racism and Xeno-
phobia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 213 and Article 235 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Having regard to the opinion of the Committee of the Regions,
(1)Whereas the Community must respect fundamental rights in
formulating and applying itspoliciesand the legal actswhich itadopts; whereas, in particular, compliance with human rightsconstitutes a condition of the legality of Community acts;
(2)Whereasthe collection and analys isof objective, reliable andcomparable information on the phenomena of racism, xeno-phobia and anti-Semitism are therefore necessary at Communitylevel to provide full information to the Community on those
phenomena so as to enable the Community to meet its obligation
to respect fundamental rights and to enable it to take account ofthem in formulating and applying whatever policiesand actsitadoptsin itss phere of competence;
(3)Whereasthe importance of res pect for human rightshasbeenstressed on many occasions by the Community institutions andthe Member States;
(4)Whereasin a Joint Declaration of 5 April 1977 (4) the European
Parliament, the Council and the Commission stressed ‘the primeimportance they attach to the protection of fundamental rights’and declared that ‘in the exercise of their powers and in pursu-
ance of the aimsof the European Communitiesthey res pect and
will continue to respect those rights’;
(5)Whereason 11 June 1986, the European Parliament, the Council,
the representatives of the Member States meeting within the
Council and the Commission adopted a Joint Declaration onracism and xenophobia (
5) stressing the ‘importance of adequate
and objective information and of making all citizensaware ofthe dangers of racism and xenophobia, and the need to ensurethat all actsor formsof dis crimination are prevented or curbed’;
(6)Whereason 29 May 1990 the Council and the repres entative ofthe governmentsof the Member States , meeting within theCouncil, adopted a Resolution on the fight against racism and
xenophobia (
6);
(7)Whereason 5 October 1995 the Council and the repres entatives
of the governmentsof the Member States , meeting within the
Council, adopted a Resolution on the fight against racism and
xenophobia in the fieldsof employment and s ocial affairs (7)
and on 23 October 1995 they adopted a Resolution on the1997R1035 — EN — 01.10.2003 — 001.001 — 2
(1) OJ No C 78, 12. 3. 1987, p. 15.
(2) OJ No C 132, 28. 4. 1997.
(3) OJ No C 158, 26. 5. 1997, p. 9.
(4) OJ No C 103, 27. 4. 1977, p. 1.
(5) OJ No C 158, 25. 6. 1986, p. 1.
(6) OJ No C 157, 27. 6. 1990, p. 1.
(7) OJ No C 296, 10. 11. 1995, p. 13.
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response of educational systems to the problems of racism and
xenophobia (1);
(8)Whereason 15 July 1996 the Council, acting on the bas isofArticle K.3 of the Treaty on European Union, adopted a JointAction concerning action to combat racism and xenophobia (
2);
(9)Whereason 23 July 1996 the Council and the repres entativesofthe governmentsof the Member States , meeting within theCouncil, adopted a Resolution concerning the European Yearagainst Racism (1997) (
3);
(10)Whereasthe European Council meeting in Corfu on 24 and 25June 1994 determined to step up efforts to define, at EuropeanUnion level, a global strategy aimed at combating acts of racistand xenophobic violence; whereas to this end it set up a Consul-tative Commission charged with making recommendations on
combating racism and xenophobia;
(11)Whereasthe European Council meeting in Canneson 26 and 27
June 1995 called on the Consultative Commission to extend itswork in order to study, in close cooperation with the Council of
Europe, the feasibility of a European Monitoring Centre on
Racism and Xenophobia;
(12)Whereas the conclusions of this feasibility study were submittedto the European Council meeting in Florence on 21 and 22 June
1996;
(13)Whereasthe European Council meeting in Florence reaffirmed
the Union'sdetermination to combat racis m and xenophobiawith the utmost resolve and approved the principle underlying
the establishment of a European Monitoring Centre;
(14)Whereasin order to carry out thistas k of collecting and
analysing information on racism, xenophobia and anti-Semitismaswell and asindependently aspos s ible and in order to maintain
close links with the Council of Europe, it is necessary to estab-
lish an autonomous body, the European Centre on Racism andXenophobia (Centre), at Community level with itsown legalpersonality;
(15)Whereasthe phenomena of racis m, xenophobia and anti-semitism involve many complex, closely interwoven aspectswhich are difficult to separate; whereas, as a result, the Centremust be given the overall task of collecting and analysing infor-mation concerning several of the Community's spheres ofactivity; whereasthe Centre'stas k will concentrate on areasin
which sound knowledge of those problems is particularly neces-
sary for the Community in its activities;
(16)Whereas racism and xenophobia are phenomena which manifestthemselves at all levels within the Community: local, regional,
national and Community, and therefore the information which
is collected and analysed at Community level can also be usefulto the Member States' authorities in formulating and applyingmeasures at local, regional and national level in their ownspheres of competence;
(17)Whereastherefore the Centre will make the res ultsof itsworkavailable to both the Community and the Member States;
(18)Whereas, in the Member States, there are numerous outstanding
organizations which study racism and xenophobia;
(19)Whereasthe coordination of res earch and the creation of a
network of organizations will enhance the usefulness and effec-tiveness of such work;1997R1035 — EN — 01.10.2003 — 001.001 — 3
(1) OJ No C 312, 23. 11. 1995, p. 1.
(2) OJ No L 185, 24. 7. 1996, p. 5.
(3) OJ No C 237, 15. 8. 1996, p. 1.
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(20)Whereas, in order to enhance cooperation and avoid overlap or
duplication of work, the tasks assigned to the Centre pre-suppose
close links with the Council of Europe, which has considerableexperience in thisfield, aswell ascooperation with other orga-nizationsin the Member Statesand international organizationswhich are competent in the fieldsrelated to the phenomena ofracism and xenophobia;
(21)Whereas the Centre will itself be able to decide on the adminis-
trative arrangements for cooperating with those organizations;
whereas, on the other hand, it is for the Community to conclude,on behalf of the Centre, an agreement with the Council ofEurope for the purpose of establishing close cooperation betweenthe latter and the Centre; whereasthe s ame will apply to theconclusion of any agreements with other international organiza-
tions or with third countries which may prove necessary for the
Centre to carry out its tasks;
(22)Whereas the protection of personal data which are processed andexchanged by the Centre must be ensured in accordance withDirective 95/46/EC of the European Parliament and of theCouncil of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data (
1);
(23)Whereasthe Centre mus t enjoy maximum autonomy in theperformance of its tasks;
(24)Whereas the Court of Justice must have jurisdiction to hear anddetermine, pursuant to an arbitration clause, disputes regardingthe contractual liability of the Centre aswell asdis puteson thenon-contractual liability of the Centre; whereasthe Court mus t
also have jurisdiction to rule on actions brought against the
Centre under the conditionslaid down in Article 173 of theTreaty;
(25)WhereasthisRegulation might, where appropriate, be adaptedon expiry of a three-year period, with a view to decidingwhether or not to modify or extend the Centre's tasks, moreespecially depending on any changes in Community powers;
(26)Whereasthe powersprovided for in Article 213 of the Treaty to
collect and analyse information on several of the Community's
areasof activity do not permit s uch information to be collectedthrough a specialized, autonomous body with its own legalpersonality; whereas Article 235 must therefore also be used asthe legal basis for the establishment of such a body and to
enable the information to be transmitted to Community institu-
tionsand bodiesand to the Member States ,
HAS ADOPTED THIS REGULATION:
Article 1
A European Monitoring Centre on Racism and Xenophobia (hereinafter
referred to as ‘the Centre’) is hereby established.
Article 2
Objective andtasks
1. The prime objective of the Centre shall be to provide the
Community and its Member States, more especially within the fieldsreferred to in Article 3 (3), with objective, reliable and comparabledata at European level on the phenomena of racism, xenophobia andanti-Semitism in order to help them when they take measures or formu-late courses of action within their respective spheres of competence.1997R1035 — EN — 01.10.2003 — 001.001 — 4
(1) OJ No L 281, 23. 11. 1995, p. 31.
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2. The Centre shall study the extent and development of the
phenomena and manifestations of racism, xenophobia and anti-Semitism, analyse their causes, consequences and effects and examine
examples of good practice in dealing with them. To these ends, in
order to accomplish its tasks, the Centre shall:
(a) collect, record and analyse information and data, including data
resulting from scientific research communicated to it by researchcentres, Member States, Community institutions, international orga-nizations— particularly thos e referred to in Article 4 (1) — and
non-governmental organizations;
(b) build up cooperation between the suppliers of information and
develop a policy for concerted use of their databases in order tofoster, where appropriate at the request of the European Parliament,
the Council or the Commission, the wide distribution of their infor-
mation;
(c) carry out scientific research and surveys, preparatory studies and
feasibility studies, where appropriate, at the request of the
European Parliament, the Council or the Commission. In doing so,
the Centre shall take account of already existing studies and otheractivities (conferences, seminars, ongoing research, publications)especially of those centres and organizations with which it is linkedin the European Racism and Xenophobia Information Network(Raxen), in order to avoid duplication and guarantee the best
possible use of resources. It shall also organize meetings of experts
and, whenever necessary, set up ad hoc working parties;
(d) set up documentation resources open to the public, encourage the
promotion of information activities and stimulate scientific
research;
(e) formulate conclusions and opinions for the Community and its
Member States;
(f) develop methodsto improve the comparability, objectivity and
reliability of data at Community level by establishing indicatorsand criteria that will improve the consistency of information;
(g) publish an annual report on the situation regarding racism and
xenophobia in the Community, also highlighting examples of goodpractice, and an annual report on the Centre'sown activities ;
(h) set up and coordinate a European Racism and Xenophobia Informa-
tion Network (Raxen) consisting of the Centre's own central unit,which shall cooperate with national university research centres,non-governmental organizations and specialist centres set up by
organizationsin the Member Statesor international organizations
referred to in Article 7;
(i) facilitate and encourage the organization of regular round-table
discussions or meetings of other existing, standing advisory bodies
within the Member States, with the participation of the social part-
ners, research centres and representatives of competent publicauthoritiesand other pers onsor bodiesinvolved in dealing withracism and xenophobia. The Centre shall take the findings of thenational round-table discussions or of other existing, standing advi-sory bodies into account in its annual report on the situation
regarding racism and xenophobia in the Community.
Article 3
Workingmethodsandareasofactivity
1. The Centre shall carry out its tasks within the competencies of the
Communitiesand in the light of the objectivesadopted in itsannualprogramme and with due regard to the available budgetary resources.
2. In pursuing its activities, the Centre shall, in order to avoid dupli-
cation, take account of activitiesalready carried out by the Communityinstitutions and by other institutions, bodies and competent interna-1997R1035 — EN — 01.10.2003 — 001.001 — 5
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tional organizations, particularly the Council of Europe, and shall
ensure through close cooperation with the Council of Europe that itprovidesadded value.
3. The information and data to be collected and processed, the scien-
tific research, surveys and studies to be conducted or encouraged shall
be concerned with the extent, development, causes and effects of the
phenomena of racism and xenophobia, particularly in the followingfields:
(a) free movement of persons within the Community;
(b) information and television broadcasts and the other media and
meansof communication;
(c) education, vocational training and youth;
(d) social policy including employment;
(e) free movement of goods;
(f) culture.
Article 4
EuropeanRacismandXenophobiaInformationNetwork(Raxen)
1. To enable the network provided for in Article 2 (2) (h) to be
established as rapidly and efficiently as possible, the Member States
shall forward to the Centre a list of the centres and organizations ofwhich they are aware referred to in that Article.
2. Taking into account the list referred to in paragraph 1, the
Centre'sManagement Board s hall invite the competent organizationsin the fieldsrelated to the phenomena of racis m and xenophobia orthose organizations the principal aim of which is the analysis of thosephenomena, to be partiesto Raxen.
3. The Centre may enter into contractual relations, in particular
subcontracting arrangements, with the organizations referred to in para-graph 2, in order to accomplish any tasks which it may entrust to them.
The Centre may also enter into contractual relations, on an ad hoc basis
and for specific tasks, with bodies which are not part of Raxen.
The allocation of such tasks shall appear in the Centre's annual
programme.
Article 5
Protection andconfidentiality ofpersonaldata
1. The Centre may collect personal data only for the purposes of
carrying out itstas ksasprovided for under thisRegulation. The Centre
shall apply to its processing and exchange of personal data under this
Regulation the provisions laid down in Directive 95/46/EC. To thiseffect, rules implementing these provisions shall be adopted, in parti-cular with regard to the rightsof the individualsconcerned, theconfidentiality and security of processing, suitable safeguards forrendering data anonymous before disclosure, and the internal supervi-
sion of processing.
2. The implementing rulesreferred to in paragraph 1 s hall be
published in the Official Journal of the European Communities .T h e
Centre may not process personal data before the entry into force ofthose rules and unless a supervisory authority within the meaning ofArticle 28 of Directive 95/46/EC hasbeen s et up and isoperative.
Pending the appointment of any such authority or authorities set up for
the Community institutions and bodies, the Centre's activities asregards data protection rules shall be supervised by the Ombudsmanprovided for in Article 138e of the Treaty, in the context of the tasks
allotted to him by that Treaty.
3. Until the date of implementation of Directive 95/46/EC, where,
under the provisions of this Regulation, the Member States transmit or1997R1035 — EN — 01.10.2003 — 001.001 — 6
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receive personal data, they shall apply their respective national data-
protection laws to the processing of such data.
Until the abovementioned date, a Member State which hastrans mitted
data to the Centre, can object to the transmission of these data to
another Member State or submit that transmission to the fulfilment ofconditions, if no data protection standard equivalent to that of Directive95/46/EC is guaranteed by the receiver for the processing of the trans-mitted data.
In any event, personal data collected by the Centre and transferred by it
to the Community or the Member States shall not be filed and subse-quently used by the latter in a way incompatible with the purposes forwhich they were collected by the Centre.
4. Member Statesand national bodiescooperating with the Centre
shall be under no obligation to provide information classified as confi-
dential under their national law.
Article 5a
1. Regulation (EC) No 1049/2001 of the European Parliament and
of the Council (of 30 May 2001) regarding public access to EuropeanParliament, Council and Commission documents (
1) shall apply to
documentsheld by the Centre.
2. The Management Board shall adopt the practical arrangements for
implementing Regulation (EC) No 1049/2001 within six months ofentry into force of Council Regulation (EC) No 1652/2003 of 18 June2003 amending Regulation (EC) No 1035/97 establishing a EuropeanMonitoring Centre on Racism and Xenophobia (
2).
3. Decisions taken by the Centre pursuant to Article 8 of Regulation
(EC) No 1049/2001 may give rise to the lodging of a complaint to theOmbudsman or form the subject of an action before the Court ofJustice of the European Communities, under the conditions laid downin Articles195 and 230 of the Treaty res pectively.
Article 6
Legalpersonalityandcapacity
The Centre shall have legal personality. It shall enjoy, in each of the
Member States, the most extensive legal capacity accorded to legalpersons under their laws. In particular, it may acquire or dispose ofmovable and immovable property and may be a party to legal proceed-
ings.
Article 7
Cooperationwithnationalandinternationalorganizations
1. To help it carry out its tasks, the Centre shall cooperate with
organizationsin the Member Statesor international, governmental ornon-governmental organizationscompetent in the field of racis t andxenophobic phenomena.
2. The administrative arrangements for the cooperation referred to in
paragraph 1 shall be subject to the approval of the Management Board.
3. The Centre shall coordinate its activities with those of the
Council of Europe, particularly with regard to itsprogramme of activ-ities pursuant to Article 8 (3) (a). To this end, the Community shall, inaccordance with the procedure provided for in Article 228 of the
Treaty, enter into an agreement, on behalf of the Centre, with the
Council of Europe for the purpose of establishing close cooperationbetween the latter and the Centre. Thisagreement s hall include the1997R1035 — EN — 01.10.2003 — 001.001 — 7
(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ L 245, 29.9.2003, p. 33.▼M1
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appointment by the Council of Europe of a person to sit on the Centre's
Management Board.
Should agreementswith other international organizationsor with third
countries prove necessary for the Centre to carry out its tasks effi-ciently, the Community shall, following the same procedure asmentioned above, enter into such agreements, on behalf of the Centre.
Article 8
ManagementBoard
1. The Centre's Management Board shall be composed of one inde-
pendent person appointed by each Member State, one independent
person appointed by the European Parliament, one independent person
appointed by the Council of Europe pursuant to Article 7 (3), and arepresentative of the Commission. The members of the ManagementBoard shall be persons with appropriate experience in the field ofhuman rights and analysis of racist, xenophobic and anti-Semiticphenomena.
Each member shall have a deputy appointed on a similar basis.2. The namesof the membersand deputy membersof the Manage-
ment Board shall be notified to the Commission for publication in theOfficial Journal of the European Communities . Their term of office
shall be three years, which shall be renewable once. The ManagementBoard shall elect its Chairman and Vice-Chairman and the other
membersof the Executive Board referred to in Article 9.
Each member of the Management Board, or in hisabs ence, hisdeputy,
shall have one vote. Decisions shall be taken by a two-thirds majority
of the votes cast. The Chairman shall vote. The person appointed by
the Council of Europe may not vote on decisions referred to in points(d) and (e) of paragraph 3.
3. The Management Board shall take the decisions necessary for the
operation of the Centre. In particular, it shall:
(a) determine the Centre'sannual programme of activitiesin accor-
dance with the budget and the available resources; this programme
may be reviewed when necessary during the year;
(b) adopt the two annual reportsreferred to in Article 2(2)(g) and its
conclusions and opinions and forward them to the European Parlia-
ment, the Council, the Commission, the European Economic andSocial Committee and the Committee of the Regions; it shallensure publication of the annual reports referred to in Article2(2)(g); the annual report on the Centre'sactivitiess hall be
forwarded by 15 June at the latest to the European Parliament, the
Council, the Commission, the Court of Auditors, the EuropeanEconomic and Social Committee and the Committee of theRegions,
(c) appoint the Centre'sDirector;
(d) adopt the Centre'sannual draft and final budgets .
4. The Management Board shall adopt its rules of procedure. The
Board shall meet, as convened by its Chairman, at least twice a year.
5. The Centre shall forward annually to the budgetary authority any
information relevant to the outcome of the evaluation procedures.1997R1035 — EN — 01.10.2003 — 001.001 — 8
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Article 9
ExecutiveBoard
1. The Executive Board shall be composed of the Chairman of the
Management Board, the Vice-Chairman and a maximum of three othermembersof the Management Board, including the pers on appointed bythe Council of Europe and the Commission representative.
2. The Executive Board shall supervise the work of the Centre,
monitor the preparation and execution of programmesand prepare the
meetings of the Management Board with the assistance of the Centre'sDirector. The Executive Board shall also perform any task entrusted toit by the Management Board, in accordance with the latter'srulesofprocedure.
Article 10
Director
1. The Centre shall be headed by a Director appointed by the
Management Board on a proposal from the Commission for a periodof four years, which shall be renewable.
2. The Director shall be responsible for:
(a) performance of the tasks referred to in Article 2 (2);
(b) preparing and implementing the Centre'sannual programme of
activities;
(c) preparing the annual report, conclusions and opinions as referred to
in thisRegulation;
(d) all s taff mattersand mattersof day-to-day adminis tration.
3. The Director shall be accountable for the management of his
activitiesto the Management Board and s hall attend itsmeetingsandthe meetingsof the Executive Board.
4. The Director shall be the Centre's legal representative.
Article 11
Staff
1. The staff of the Centre shall be subject to the Regulations and
Rulesapplicable to officialsand other s ervantsof the EuropeanCommunities.
2. The Centre shall exercise in respect of its staff the powers
devolved to the appointing authority.
3. The Management Board shall, in agreement with the Commis-
sion, adopt the appropriate implementing rules.
Article 12
Drawingupofthebudget
1. Estimates of all the revenue and expenditure of the Centre shall
be prepared for each financial year, corresponding to the calendar
year, and shall be shown in the budget of the Centre.
2. The revenue and expenditure shown in the budget of the Centre
shall be in balance.
3. The revenue of the Centre shall, without prejudice to other
resources, comprise:
(a) a subsidy from the Community, entered in the general budget of
the European Union (Commission section);
(b) paymentsreceived for s ervicesrendered;
(c) any financial contributionsfrom the organis ationsreferred to in
Article 7;1997R1035 — EN — 01.10.2003 — 001.001 — 9
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(d) any voluntary contribution from the Member States.
4. The expenditure of the Centre shall include staff remuneration,
administrative and infrastructure costs, operating expenses andexpenses resulting from contracts entered into with the institutions and
bodiesbelonging to the Raxen network or with third parties .
5. Each year the Management Board, on the basis of a draft drawn
up by the director, shall produce an estimate of revenue and expendi-ture for the Centre for the following financial year. Thises timate,which shall include a draft establishment plan, shall be forwarded bythe Management Board to the Commission by 31 March at the latest.
6. The estimate shall be forwarded by the Commission to the
European Parliament and the Council (hereinafter referred to asthe
‘budgetary authority’) together with the preliminary draft budget ofEuropean Union.
7. On the basis of the estimate, the Commission shall enter in the
preliminary draft general budget of the European Union the estimatesit deems necessary for the establishment plan and the amount of thesubsidy 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 Centre.
The budgetary authority shall adopt the establishment plan for the
Centre.
9. The budget of the Centre shall be adopted by the Management
Board. It shall become final following final adoption of the generalbudget of the European Union. Where appropriate, it shall be adjusted
accordingly.
10. The Management Board shall, as soon as possible, notify the
budgetary authority of itsintention to implement any project whichmay have significant financial implications for the funding of itsbudget, in particular any projectsrelating to property s uch asthe rentalor purchase of buildings. It shall inform the Commission thereof.
Where a branch of the budgetary authority hasnotified itsintention to
deliver an opinion, it shall forward its opinion to the Management
Board within a period of six weeks from the date of notification of
the project.
Article 12a
Implementationofthebudget
1. The Director shall implement the budget of the Centre.2. By 1 March at the latest following each financial year, the
Centre's accounting officer shall communicate the provisional accountsto the Commission's accounting officer together with a report on thebudgetary and financial management for that financial year. TheCommission's accounting officer shall consolidate the provisionalaccounts of the institutions and decentralised bodies in accordance
with Article 128 of the general Financial Regulation.
3. By 31 March at the latest following each financial year, the
Commission's accounting officer shall forward the Centre's provisionalaccountsto the Court of Auditors , together with a report on thebudgetary and financial management for that financial year. The reporton the budgetary and financial management for that financial year shall
also be forwarded to the European Parliament and the Council.
4. On receipt of the Court of Auditors' observations on the Centre's
provisional accounts, pursuant to Article 129 of the general FinancialRegulation, the Director shall draw up the Centre's final accounts underhis own responsibility and forward them to the Management Board foran opinion.
5. The Management Board shall deliver an opinion on the Centre's
final accounts.1997R1035 — EN — 01.10.2003 — 001.001 — 10
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6. The Director shall, by 1 July at the latest following each financial
year, forward the final accountsto the European Parliament, theCouncil, the Commission and the Court of Auditors, together with the
Management Board'sopinion.
7. The final accounts shall be published.8. The Director shall send the Court of Auditors a reply to its obser-
vations by 30 September at the latest. He shall also send this reply tothe 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 downin Article 146(3) of the general Financial Regulation.
10. The European Parliament, on a recommendation from the
Council acting by a qualified majority, shall, before 30 April of yearN + 2, give a discharge to the Director in respect of the implementationof the budget for year N.
11. The financial rulesapplicable to the Centre s hall be adopted by
the Management Board after the Commission has been consulted. Theymay not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation forthe bodiesreferred to in Article 185 of Council Regulation (EC,Euratom) No 1605/2002 on the Financial Regulation applicable to the
general budget of the European Communities(
1) unless specifically
required for the Centre's operation and with the Commission's priorconsent.
Article 13
The translation service required by the operation of the Centre shall, in
principle, be provided by the Translation Centre for bodies of the
European Union established by Regulation (EC) No 2965/94 (
2).
Article 14
Privileges andimmunities
The Protocol on the Privilegesand Immunitiesof the European
Communitiess hall apply to the Centre.
Article 15
JurisdictionoftheCourtofJustice
1. The contractual liability of the Centre shall be governed by the
law applicable to the contract in question.
The Court of Justice shall have jurisdiction pursuant to an arbitration
clause contained in a contract concluded by the Centre.
2. In the case of non-contractual liability, the Centre shall, in accor-
dance with the general principlescommon to the lawsof the MemberStates, make good any damage caused by the Centre or its servants inthe performance of their duties.
The Court of Justice shall have jurisdiction in disputes relating to
compensation for any such damage.
3. The Court of Justice shall have jurisdiction in actions brought
against the Centre under the conditions provided for in Article 173 ofthe Treaty.1997R1035 — EN — 01.10.2003 — 001.001 — 11
(1) OJ L 357, 31.12.2002, p. 72 with Corrigendum in OJ L 2, 7.1.2003, p. 39.
(2) OJ No L 314, 7. 12. 1994, p. 1.▼B
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Article 16
Reportingarrangements
During the third year following the entry into force of thisRegulation,
the Commission shall forward to the European Parliament, the Council,
the Economic and Social Committee and the Committee of the Regions
a progress report on the Centre's activities, together with proposals, ifappropriate, to modify or extend its tasks, taking into account, in parti-cular, the development of Community powersin the field of racis m andxenophobia.
Article 17
Entryintoforce
ThisRegulation s hall enter into force on the day following the date of
the decision by the competent authorities on where the seat of theCentre should be located.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1997R1035 — EN — 01.10.2003 — 001.001 — 12