EN Official Journal of the European Union L 4/5

COUNCIL DECISION (EU) 2018/13

of 18 December 2017

on the position to be adopted on behalf of the European Union within the EU-Serbia Stabilisation and Association Council on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’.

(2) Council Regulation (EC) No 168/2007 (1) provides that the European Union Agency for Fundamental Rights (the ‘Agency’) is to be open to the participation of candidate countries as observers.

(3) Serbia shares the aims and objectives of the Agency and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007.

(4) Serbia's ultimate objective is to become a member of the Union, and its participation in the Agency will help it to achieve that objective,

HAS ADOPTED THIS DECISION:

Sole Article

The position to be adopted on behalf of the European Union within the EU-Serbia Stabilisation and Association Council on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007, shall be based on the draft Decision of the EU-Serbia Stabilisation and Association Council attached to this Decision.

Done at Brussels, 18 December 2017. For the Council The President K. SIMSON

(1) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).

DRAFT DECISION No …/2016 OF THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL of … on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Council Regulation (EC) No 168/2007 THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL, Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (1), Having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (2), and in particular Article 28 thereof, Whereas: (1) The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’. (2) Serbia shares the aims and objectives of the European Union Agency for Fundamental Rights (the ‘Agency’) and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007. (3) It is appropriate that the Agency should deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Serbia to the extent necessary for its gradual alignment with Union law. (4) Serbia should therefore be allowed to participate as an observer in the Agency's work and the modalities of such participation should be defined, including provisions relating to the participation in initiatives undertaken by the Agency, to the financial contribution and to staff. (5) In accordance with point (a) of Article 12(2) and point (a) of Article 82(3) of the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (3), the Director of the Agency, by way of exception, may authorise the engagement of nationals of Serbia enjoying their full rights as citizens, HAS ADOPTED THIS DECISION: Article 1 Serbia, as a candidate country, shall participate as an observer in the European Union Agency for Fundamental Rights, established by Regulation (EC) No 168/2007. Article 2 1. The Agency may deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Serbia to the extent necessary for its gradual alignment with Union law. 2. To that end, the Agency may carry out in Serbia the tasks set out in Articles 4 and 5 of Regulation (EC) No 168/2007. Article 3 Serbia shall contribute financially to the activities of the Agency referred to in Article 4 of Regulation (EC) No 168/2007 in accordance with the Annex to this Decision. Article 4 1. Serbia shall appoint persons complying with the criteria provided for in Article 12(1) of Regulation (EC) No 168/2007 as observer and alternate observer, respectively. They may participate in the works of the Management Board on an equal footing with the members and alternate members appointed by Member States, but without a right to vote. 2. Serbia shall nominate a government official as the National Liaison Officer referred to in Article 8(1) of Regulation (EC) No 168/2007. 3. Within four months of the entry into force of this Decision, Serbia shall inform the European Commission of the names, qualifications and contact details of the persons referred to in paragraphs 1 and 2. Article 5 The data supplied to, or emanating from, the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in Serbia as it is afforded within the Union. Article 6 The Agency shall enjoy in Serbia the same capacity as that accorded to legal entities under Serbia's law. Article 7 In order to enable the Agency and its staff to perform their tasks, Serbia shall grant the privileges and immunities identical to those set out in Articles 1 to 4, 5, 6, 10 to 13, 15, 17 and 18 of Protocol No 7 on the privileges and immunities of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. Article 8 The Parties shall each take any general or specific measures required to fulfil their obligations under this Decision and shall notify them to the Stabilisation and Association Council. Article 9 This Decision shall enter into force on the first day of the second month following the date of its adoption. Done at …, For the EU-Serbia Stabilisation and Association Council The President (1) OJ L 278, 18.10.2013, p. 16. (2) OJ L 53, 22.2.2007, p. 1. (3) OJ L 56, 4.3.1968, p. 1.