A4-0110/97

Proposal for a Council Regulation establishing a European Monitoring Centre for Racism and Xenophobia (COM(96)0615 - C4-0070/97 - 96/0298(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 12a (new)

>Text following EP vote>

Whereas, in the various Member States, there are numerous outstanding organizations which study racism and xenophobia;

(Amendment 2)

Recital 12b (new)

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Whereas the harmonization of research and the creation of a network of organizations will enhance the usefulness and effectiveness of such work;

(Amendment 3)

Recital 13

>Original text>

Whereas it is therefore appropriate to set up a European Monitoring Centre for Racism and Xenophobia which will make the results of its work available to both the Community and the Member States;

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Whereas it is therefore appropriate to set up a European Monitoring Centre for Racism and Xenophobia which is given over to research in both the Community and the Member States;

(Amendment 4)

Recital 14

>Original text>

Whereas the tasks assigned to the Centre presuppose cooperation with other national and international organizations, and particularly with the Council of Europe, which has considerable experience in this field;

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Whereas the tasks assigned to the Centre presuppose cooperation with other regional, national and international organizations, and particularly with the Council of Europe, which has considerable experience in this field;

(Amendment 5)

Recital 16

>Original text>

Whereas the Centre must enjoy maximum legal and political autonomy, while maintaining close links with the Community institutions;

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Whereas the Centre must enjoy maximum legal and political autonomy, yet is to operate within the Commission's sphere of responsibility and must maintain close links with the Community institutions;

(Amendment 6)

Article 2(2)

>Original text>

2. The Centre shall study the extent and development of the phenomena and manifestations of racism, xenophobia and antisemitism, analyse their causes, consequences and effects and examine examples of good practice in dealing with them. To these ends, the Centre shall:

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2. The Centre shall coordinate and harmonize studies of the extent and development of the phenomena and manifestations of racism, xenophobia and antisemitism, encourage the analysis of causes, consequences and effects and compare examples of good practice in dealing with them. To these ends, the Centre shall:

>Original text>

(a) collect, record and analyse information and data, including data resulting from scientific research, communicated to it by the Member States, the Community institutions, international organizations - particularly those referred to in Article 4(1) - and non- governmental organizations;

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(a) collect, record and analyse information and data, including data resulting from scientific research, communicated to it by research centres, the Member States, the Community institutions, international organizations - particularly those referred to in Article 4(1) - and non-governmental organizations;

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(b) build up cooperation between the suppliers of information and develop a policy for concerted use of their databases in order to foster, where appropriate at the request of the European Parliament, the Council or the Commission, the wide distribution of their information;

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(b) build up cooperation between the suppliers of information and develop a policy for concerted use of their databases in order to foster, where appropriate at the request of the European Parliament, the Council or the Commission, the wide distribution of their information;

>Original text>

(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. It shall also organize meetings of experts and, whenever necessary, set up ad hoc working parties;

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(c) commission scientific research and surveys, preparatory studies and feasibility studies at the request of the European Parliament, the Council or the Commission. It shall also organize meetings of experts and, whenever necessary, set up ad hoc working parties;

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(d) set up documentation resources open to the public, encourage the promotion of information activities and stimulate scientific research;

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(d) support the setting up and linking of documentation resources open to the public, assist in the promotion of information activities and stimulate scientific research;

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(e) formulate conclusions and recommendations for the Community and its Member States;

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(e) formulate conclusions and recommendations for the Community and its Member States, primarily at the request of the European Parliament, the Council or the Commission;

>Original text>

(f) publish an annual report on the situation regarding racism and xenophobia in the Community, also highlighting examples of good practice, and on the Centre's own activities;

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(f) publish an annual report on the situation regarding racism and xenophobia in the Community, also highlighting examples of good practice, and on the Centre's own activities;

>Original text>

(g) set up and coordinate a 'European Racism and Xenophobia Information 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 national or international organizations referred to in Article 7;

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(g) set up and coordinate a 'European Racism and Xenophobia Information 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 regional, national or international organizations referred to in Article 7 and also enable common criteria and comparable data to be established;

>Original text>

(h) 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 partners, research centres and representatives of competent public authorities and other persons or bodies involved in dealing with racism and xenophobia. The Centre shall take the findings of the national round-table discussions or of other existing, standing advisory bodies into account in its annual report on the situation regarding racism and xenophobia in the European Community.

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(h) 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 partners, research centres and representatives of competent public authorities and other persons or bodies involved in dealing with racism and xenophobia. The Centre shall take the findings of the regional and national round-table discussions or of other existing, standing advisory bodies into account in its annual report on the situation regarding racism and xenophobia in the European Community.

(Amendment 7)

Article 3(3)(a) to (g)

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(-a) religious freedom;

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(a) free movement of persons within the Community;

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(a) free movement of persons within the Community;

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(b) employment;

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(b) employment;

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(c) the media and other means of communication;

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(c) the media and other means of communication;

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(d) education, vocational training and youth;

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(d) education, vocational training and youth;

>Original text>

(e) social exclusion;

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(e) social exclusion;

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(f) free movement of goods;

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(f) free movement of goods;

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(g) culture.

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(g) culture;

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(ga) preventive measures and means of action.

(Amendment 22)

Article 5(4)

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4. Where personal data are forwarded to the Centre pursuant to this Regulation and in accordance with national law, such data may be used only for the purposes stated and under the conditions prescribed by the forwarding authority. This provision shall apply mutatis mutandis where personal data are communicated by the Centre to the competent authorities of the Member States or to international organizations and other Community bodies. The Centre shall refrain from any activity which concerns specific and named cases.

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4. Where personal data are forwarded to the Centre pursuant to this Regulation and in accordance with national law, such data may be used only for the purposes stated and under the conditions prescribed by the forwarding authority. This provision shall apply mutatis mutandis where personal data are communicated by the Centre to the competent authorities of the Member States or to international organizations and other Community bodies.

(Amendment 8)

Article 6

>Original text>

The Centre shall have legal personality. It shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal persons under their laws. In particular, it may acquire or dispose of movable and immovable property and may be a party to legal proceedings.

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The Centre shall have legal personality in accordance with the provisions of Article 142 of the Financial Regulation. It shall enjoy, in each Member State, 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.

(Amendment 9)

Article 7, Title

>Original text>

Cooperation with national and international organizations

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Cooperation with regional, national and international organizations

(Amendment 10)

Article 7(1)

>Original text>

1. To help it carry out its tasks, the Centre may cooperate with national or international, governmental or non-governmental organizations competent in the field of racist and xenophobic phenomena.

>Text following EP vote>

1. To help it carry out its tasks, the Centre shall cooperate with regional, national or international, governmental or non-governmental organizations competent in the field of racist and xenophobic phenomena.

(Amendment 11)

Article 8(2), first subparagraph

>Original text>

2. The names of the members and deputy members of the Management Board shall be notified to the European Commission for publication in the Official Journal of the European Communities. Their term of office shall be three years, which shall be renewable once. The Management Board shall elect its Chairman and Vice-Chairman and the other members of the Executive Board referred to in Article 9.

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2. The names of the members and deputy members of the Management Board shall be notified to the European Commission for publication in the Official Journal of the European Communities. Their term of office shall be three years, which shall be renewable once. The Management Board shall be chaired by the Commission representative and shall elect its Vice-Chairman and the other members of the Executive Board referred to in Article 9.

(Amendment 12)

Article 8(3)(b)

>Original text>

(b) adopt the Centre's annual report and its conclusions and recommendations and forward them to the European Parliament, the Council, the Commission, the Economic and Social Committee and the Committee of the Regions; it shall have the annual report published;

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(b) adopt the Centre's annual report and its conclusions and recommendations, submit them for assessment to the European Parliament, the Council and the Commission and forward them to the Economic and Social Committee and the Committee of the Regions; it shall have the annual report published;

(Amendment 13)

Article 8(3)(e)

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(e) give the Director discharge in respect of the implementation of the budget.

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Deleted

(Amendment 14)

Article 9(1)

>Original text>

1. The Executive Board shall be composed of the Chairman of the Management Board, the Vice-Chairman and a maximum of three other members of the Management Board, including the person appointed by the Council of Europe and the Commission representative.

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1. The Executive Board shall be composed of the Chairman of the Management Board, the Vice-Chairman and a maximum of three other members of the Management Board, which may include the persons appointed by the Council of Europe and the European Parliament (not a Member).

(Amendment 15)

Article 10(3)

>Original text>

3. The Director shall be accountable for these activities to the Management Board and shall attend its meetings and the meetings of the Executive Board.

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3. The Director shall be accountable for his activities to the Management Board and shall attend its meetings and the meetings of the Executive Board.

(Amendment 16)

Article 11(2), second subparagraph

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These experts shall be appointed by the Management Board on the basis of proposals from the Member States, the Commission, and the national and international organizations associated with the Centre's work as referred to in Article 7.

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These experts shall be appointed by the Management Board on the basis of proposals from the Member States, the Commission, and the various organizations associated with the Centre's work as referred to in Article 7.

(Amendment 17)

Article 12(1)

>Original text>

1. The staff of the Centre shall be subject to the regulations and rules applicable to officials and other servants of the European Communities.

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1. The staff of the Centre shall be subject to the regulations and rules applicable to officials and other servants of the European Communities. The staff shall be recruited without any discrimination on grounds of nationality. In order for the Centre to be effective in establishing a trans-European network in this area, staff will also be preferentially recruited on temporary or fixed-term contracts or on secondment from specialist bodies within or outside the European Union.

(Amendment 18)

Article 13(2) to (4)

>Original text>

2. By 15 February each year, at the latest, the Director shall draw up the preliminary draft budget for the following financial year. The preliminary draft budget shall cover the operating expenditure and the programme of work scheduled for the following financial year. The Director shall submit the preliminary draft, together with an establishment plan, to the Management Board.

>Text following EP vote>

2. By 15 February each year at the latest, the Director shall draw up the preliminary draft budget for the following financial year, preceded by an explanatory statement. The preliminary draft budget shall cover the operating expenditure and the programme of work for the following financial year. The Director shall submit to the Management Board the preliminary draft, together with an establishment plan, setting the number of posts for each grade in each category, together with the number of posts authorized by the budgetary authority for the preceding financial year, in accordance with the provisions of Article 20(3), third indent, and (4) of the Financial Regulation.

>Original text>

3. The revenue and expenditure shown in the budget shall be in balance.

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3. The revenue and expenditure shown in the budget shall be in balance.

>Original text>

4. The revenue of the Centre shall, without prejudice to other resources, comprise:

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4. The revenue of the Centre shall, without prejudice to other resources, comprise:

>Original text>

(a) a subsidy from the Community, entered under a specific heading in the general budget of the European Communities ('Commission' section);

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(a) a subsidy from the Community, calculated to take account of the revenue from sources outside the Community, determined during the annual budgetary procedure and entered under a specific heading in the general budget of the European Communities ('Commission' section);

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(b) payments received for services rendered;

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(b) payments received for services rendered;

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(c) any financial contributions from the organizations referred to in Article 7.

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(c) any financial contributions from the organizations referred to in Article 7 or other recognized organizations which want to support the work of the Centre.

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Without prejudice to the provisions set out below, the principles and provisions governing the revenue and expenditure of the Community shall be applicable.

(Amendment 20)

Article 13(6) and (7)

>Original text>

6. The Management Board shall adopt the draft budget and forward it to the Commission. On this basis, the Commission shall determine the corresponding subsidy estimates to be entered in the preliminary draft general budget of the European Communities, which it places before the Council pursuant to Article 203 of the Treaty.

>Text following EP vote>

6. The Management Board shall adopt the draft budget and forward it to the Commission. On this basis, the Commission shall provide indications and determine the subsidy estimates to be entered in the preliminary draft general budget of the European Communities, which it places before the Council pursuant to Article 203 of the Treaty.

>Original text>

7. The Management Board shall adopt the Centre's final budget before the beginning of the financial year adjusting it where necessary to the Community subsidy and the Centre's other resources.

>Text following EP vote>

7. The Management Board shall, in accordance with the indications of the Commission, adopt the Centre's final budget before the beginning of the financial year and after the adoption by the budgetary authority of the Community subsidy calculated to take account of the Centre's other resources.

(Amendment 21)

Article 13(10) to (12)

>Original text>

10. By 31 March each year at the latest, the Director shall send the Commission, the Management Board and the Court of Auditors the accounts for all the Centre's revenue and expenditure in respect of the preceding financial year.

>Text following EP vote>

10. By 31 March each year at the latest, the Director shall send the Commission, the Management Board, the Court of Auditors and, for information, the Council and the European Parliament the accounts for all the Centre's revenue and expenditure for the preceding financial year.

>Original text>

The Court of Auditors shall examine these accounts in accordance with Article 188c of the Treaty.

>Text following EP vote>

The Court of Auditors shall examine these accounts in accordance with Article 188c of the Treaty.

>Original text>

11. The Management Board shall give a discharge to the Director in respect of the implementation of the budget.

>Text following EP vote>

11. The European Parliament shall give a discharge to the Director in respect of the implementation of the budget in accordance with Article 206 of the Treaty.

>Original text>

12. The Management Board shall, after consulting the Commission and the Court of Auditors, adopt the internal financial provisions specifying in particular the arrangements for establishing and implementing the Centre's budget.

>Text following EP vote>

12. The Management Board shall, after consulting the Commission, the Court of Auditors and the European Parliament, adopt the internal financial provisions specifying in particular the arrangements for establishing and implementing the Centre's budget in accordance with the internal financial provisions that apply to the other satellite bodies of the European Union.

(Amendment 19)

Article 13a (new)

>Text following EP vote>

Article 13a

The translation services required for the operation of the Centre shall be provided by the Translation Centre for bodies of the European Union established by Regulation (EC) No 2965/94(1).

(1) OJ L 314, 7.12.1994, p. 1.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation establishing a European Monitoring Centre for Racism and Xenophobia (COM(96)0615 - C4-0070/97 - 96/0298(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0615 - 96/0298(CNS) ((OJ C 78, 12.3.1997, p. 15.)),

- having been consulted by the Council pursuant to Article 235 of the EC Treaty (C4-0070/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Budgets (A4-0110/97),

1. Approves the Commission proposal subject to Parliament's amendments;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Instructs its President to forward its opinion to the Council and Commission.