Proposal for a Council Decision relating to the conclusion of an agreement between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, close cooperation between the Centre and the Council of Europe (98/C 171/05) COM(1998) 255 final - 98/0143(CNS)

(Submitted by the Commission on 5 May 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, and in particular Article 7(3) thereof, in conjunction with Article 228(2), first sentence, and (3), first subparagraph, of the EC Treaty,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the agreement between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, close cooperation between the Centre and the Council of Europe, must be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The agreement between the European Community and the Council of Europe provided for by Article 7(3) of Regulation (EC) No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia is approved on behalf of the European Community.

The text of the agreement is annexed to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the agreement in order to bind the Community.

DRAFT AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE COUNCIL OF EUROPE FOR THE PURPOSE OF ESTABLISHING, IN ACCORDANCE WITH ARTICLE 7(3) OF COUNCIL REGULATION (EC) No 1035/97 OF 2 JUNE 1997 ESTABLISHING A EUROPEAN MONITORING CENTRE ON RACISM AND XENOPHOBIA, CLOSE COOPERATION BETWEEN THE CENTRE AND THE COUNCIL OF EUROPE

THE EUROPEAN COMMUNITY AND THE COUNCIL OF EUROPE,

Whereas the Council of the European Union adopted, on 2 June 1997, Regulation (EC) No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia (the Centre);

Whereas the objective of the Centre is to provide the Community and its Member States with objective, reliable and comparable data at European level on the phenomena of racism, xenophobia and anti-Semitism;

Whereas the Council of Europe already has considerable experience in this field;

Whereas, in pursuing its activities, the Centre must take account of activities already carried out by the Council of Europe and must thereby provide added value; whereas close links should now be established with the Council of Europe, and in particular the European Commission against Racism and Intolerance (ECRI);

Whereas the Centre must, pursuant to Regulation (EC) No 1035/97, coordinate its activities with those of the Council of Europe, particularly with regard to its programme of activities;

Whereas it is for the Council of Europe to appoint one independent person as a member of the Centre's Management Board;

HAVE AGREED AS FOLLOWS:

I. Exchange of information and data

1. Regular contacts shall be established at the appropriate level between the Director of the European Monitoring Centre on Racism and Xenophobia (hereinafter referred to as 'the Centre`) and the General Secretariat of the Council of Europe, in particular, the Secretariat of the European Commission against Racism and Intolerance (hereinafter referred to as 'the ECRI`).

2. The Centre and the ECRI shall provide each other with information and data collected in the course of their activities. This does not extend to confidential data and activities produced or undertaken by the two bodies.

3. Information and data provided to each other may be used by the Centre and the ECRI in the course of their respective activities.

4. The Centre and the ECRI shall ensure, through their networks, the widest possible dissemination of the results of their respective activities on a reciprocal basis.

5. The Centre and the ECRI shall ensure regular exchanges of information concerning activities proposed, underway or completed.

II. Cooperation

6. Regular consultations shall be held between the Centre and the ECRI, to coordinate their activities and in particular to draw up the Centre's work programme. The purpose of the consultations shall be to ensure that the programmes of the two bodies complement each other and to avoid, insofar as possible, unnecessary duplication.

7. Further, on the basis of such consultation, it may be agreed that the Centre and the ECRI should conduct joint and/or complementary activities on subjects of common interest. The aim of such cooperation would be to optimise total resources available, notably as regards scientific research projects.

III. Appointment by the Council of Europe of a prominent figure to serve on the Centre's Management Board

8. The Secretary General of the Council of Europe shall appoint an independent person from among the Members of the ECRI to serve on the Centre's Management Board, together with a deputy.

This question shall be dealt with in the context of the regular contacts between the European Commission and the Secretary General of the Council of Europe.