Proposal for a COUNCIL REGULATION (EC) establishing a European Monitoring Centre for Racism and Xenophobia
Date: 1996-11-27
Institutions: European Commission
Subjects: EU body, action programme, antisemitism, racism, xenophobia

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  27.11.1996 
COM(96)615  final 

96/0298  (CNS) 

Proposal  for  a 
COUNCIL  REGULATION  (EO 

establishing  a European  Monitoring  Centre for  Racism  and  Xenophobia 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

INTRODUCTION 

1.  Recent  years have  seen increased  awareness of the fundamental  challenge to democracy 
caused  by  the  persistence  of  racism,  xenophobia  and  antisemitism  throughout  the 
European  Community,  and of the need for  concerted  action  at all levels. Racism  as such 
constitutes  an unacceptable violation  of the basic principles underlying  the Community, 
and  the  persistence  of  racist  phenomena  is  a major  obstacle  to the  pursuit  of  certain  of 
the  Community's  objectives. 

2.  The  European  institutions  have  consistently  reiterated  their  commitment  to  defending 
human  rights  and  fundamental  freedoms,  and  have  condemned  intolerance,  racism, 
xenophobia and antisemitism. Back in June  1986, the European Parliament,  the Council, 
12 December  1996the representatives of the Member  States meeting within the Council, 
and  the  Commission  adopted  a joint  declaration  against  racism  and  xenophobia1  which 
emphasised  "the  importance  of  adequate  and  objective  information  and  of  making  all 
citizens  aware  of the  dangers  of  racism  and  xenophobia". 

3.  Since then,  a wide range of reports,  resolutions and declarations  at European  level  have 
condemned  racism  and  xenophobia,  analysing  the  causes  of  the  current  upsurge  and 
evoking important decisions of principle. More especially, the European Council meeting 
in  Copenhagen  on  21  and  22  June  1993  reiterated  its  "strong  resolve  to  fight  by  all 
available  means  intolerance  and  racism  in  all  its  forms",  and  recalled  "its  previous 
declarations  on  racism  and  xenophobia  and  decided  to  intensify  the  efforts  to  identify 
and  to  root  out the causes". 

4.  The  European  Council,  meeting  in  Corfu  on 24 and  25  June  1994, went  a  step  further 
and  approved  the  Franco-German  initiative  against  racism  and  xenophobia,  which 
proposed formulating  an overall strategy at European Union level to combat acts of racist 
and  xenophobic  violence.  It  also  set  up  a  Consultative  Commission  charged  with  the 
task of  "making recommendations on cooperation  between governments  and the various 
social  bodies  in  favour  of  encouraging  tolerance  and  understanding  of  foreigners". 

5.  The  European  Commission,  for  its,  part,  presented  a  communication  on  racism, 
xenophobia  and  antisemitism  in  December  19952,  together  with  a  proposal  for  a 
Council  Decision  proclaiming  1997  the  "European  Year  against  Racism".  This 
the  Consultative  Commission's 
communication,  which 
recommendations,  was  seen  as  demonstrating  the European  Commission's  contribution 
to  the  fight  against  racism,  xenophobia  and  antisemitism. 

took  up  various  of 

6.  The  Consultative  Commission  presented  its  final  report  to  the  European  Council  in 
Cannes  on  26  and  27  June  1995.  The Council  welcomed  the  report  and  called  on  it  to 
"extend  its work in order to study, in close cooperation  with the Council  of Europe,  the 
feasibility  of  a European  Monitoring  Centre  on Racism  and  Xenophobia". 

7.  The  Consultative  Commission  presented  a  report  on  its  feasibility  study  to  the 
Florence  European Council of 21 and 22 June  1996. The European Council approved the 
principle  underlying  the establishment  of  a European  Monitoring  Centre  and  mandated 
the Consultative  Commission  on Racism  and  Xenophobia  to continue its work until  the 
Centre was  set up. 

O J N oC  158, 25.6.1986,  p. 1 
COM(95)653,  13.12.1995. 

8 

In  the  light  of  the  above,  the  Commission  is  now  putting  forward  this  proposal  for  a 
Council  Regulation  setting  up  a  European  Monitoring  Centre  for  Racism  and 
Xenophobia,  its principle aim being to supply  the European  Community  institutions and 
the  Member  States with  objective,  reliable  and  comparable  data  on  racism,  xenophobia 
and  antisemitism  and,  by  so  doing,  to  enhance  the  exchange  of  information  and 
experience  in  this  field.  The  Centre  will  work  in  close  conjunction  with  other 
international  organizations  and  will  conclude  a  cooperation  agreement  with  the 
Council  of  Europe. 

9.  The feasibility  study conducted  by the Consultative Commission  set out the purpose and 
objectives  of  the  Centre.  It  goes  without  saying  that  this  proposal  is  based  on  the 
substantial  amount of work put in by the Consultative Commission. The Centre's  specific 
objectives  are  set  out  below. 

CHOICE  OF  LEGAL  BASIS 

10.  Respect  for  human  rights  is  one  of  the  general  principles  of  Community  law  as  the 
Court  of  Justice  has  consistently  held  in  its  case-law  ever  since  the  early  1970s.  The 
preamble  to the  Single  European  Act,  which  forms  part  of  the acquis  communautaire, 
reiterates  this  mandate. 

11.  To comply  with  its fundamental  obligation to respect  human rights in its legislation  and 
policies,  the Community  must be well  informed  of  all  problems  associated  with  racism 
and  xenophobia. 

12.  This is why  the specific  tasks of the Monitoring  Centre,  as set out in Article 2(2) of the 
proposal for a Regulation, consist in collecting, analysing and disseminating  information, 
carrying out and encouraging research  and exchanges of information  among researchers, 
setting up information  networks, organizing round-table discussions, publishing an annual 
report  and  proposing  conclusions  and  recommendations  for  the  Community  and  its 
Member  States. 

13.  The fields in which the Centre would be active fall  within  the Community's jurisdiction: 
free  movement  of persons (Articles  6, 7a,  8a, 48,  52 and  59 of the EC  Treaty),  e.g.  the 
right  to move to, and to stay  and  work in, the territory'  of a Member  State; employment 
and  social  exclusion  (Article  118);  education  and  vocational  training  (Articles  126 and 
127),  free  movement  of  goods  (Articles  30-36),  more  especially  the  import  and 
distribution  of products with racist  connotations;  and  culture  (Article  128). None  of the 
provisions  in  the  present  proposal  for  a Regulation  give  grounds  for  thinking  that  the 
Centre might have a mandate to help the Community take measures which are not within 
these  fields  of jurisdiction. 

14.  Article 7 of the proposal for  a Regulation  provides for the Centre to work in  conjunction 
with  other  international  organizations,  more  particularly  under  an  agreement  to  be 
concluded  by  the  Community  with  the  Council  of Europe. 

15.  It is precisely  because of this special feature  - that the work  has to be carried  out for  the 
benefit  of  the  Member  States  and  in  cooperation  with  the  Council  of  Europe  in 
particular  -  that  it  is  necessary  to  use  Article  235.  It  is  worth  pointing  out  that  this 
Article has already  been used  as a legal  basis for  a wide range of organizations,  such as 
the  European  Monitoring  Centre 
the 
European  Agency  for  Health  and  Safety  at  Work. 

for  Drugs  and  Drug  Addiction  and 

16.  The  choice  of  Article  235  as the  legal  basis  reflects  the  Centre's  objectives.  The  point 
is  not  to  take  specific  measures  to  combat  racism  and  xenophobia,  nor  to  assign  the 
Centre  any  political  responsibility  in  the  field,  nor  is  it  to  modify  the  system  for 
protecting  human  rights  in  the  Community  or  to  make  any  major  change  to  the 
institutional  system  in the  Community  or  any  of  its Member  States. 

17.  The  monitoring  work  to  be  assigned  to  the  Centre  does  not  fall  within  the  sphere  of 
cooperation  between  the  Member  States  in  terms  of justice  and  home  affairs.  In  other 
words,  arrangements  for  setting up the Centre  could  not have been  made under  Title VI 
of  the  TEU. 

COMMENTS  ON  THE  INDIVIDUAL  ARTICLES 

Article  1 -  Establishment  of  the  Centre 

18.  This  Article  sets  out  the principle  of  establishing  the Centre. 

Article  2 -  Objective  and  tasks 

19.  This  Article  defines  the  objective  and  tasks  of the Centre. 

The  first  paragraph  sets  out  the  Centre's  prime  objective,  which  is  to  provide  the 
Community  and  its  Member  State  with  objective,  reliable  and  comparable  data  at 
European  level  on  the  phenomena  of  racism,  xenophobia  and  antisemitism.  The 
Community  and its Member  States require information  which  is as full  and  as  objective 
as possible to enable them  to take  measures  or  decide on  courses  of  action  in the  fields 
under  their  respective jurisdiction. 

20.  The  second  paragraph  sets  out  what  the  Centre  must  do to  comply  as fully  as  possible 
with  its  objective  These  tasks  are  highly  varied,  but  the  universal  aim  is to  maximise 
awareness  of  racist  phenomena,  to  disseminate  such  information  and  to  draw  up 
recommendations  or  conclusions  for  the  institutions  of  the  European  Union  and  of  its 
Member  States. 

21.  These  tasks  are  to  collect,  record  and  analyse  information  and  data  from 

the 
Member  States,  the  Community  institutions  (e.g.  under  the  4th  framework  programme 
in  the  field  of  targeted  socioeconomic  research),  non-governmental  organizations  and 
international  organizations,  and  to  set  up  a  European  Racism  and  Xenophobia 
Information  Network  (Raxen). 

Article  3 -  Working  methods  and  priorities 

22.  This  Article  establishes  the  Centre's  working  methods  and  priorities. 

23.  The  Centre  will  be  required  to  carry  out  its  tasks  gradually  and  by  reference  to  the 
objectives  set out in its annual programme and having regard to the available resources. 
In  organizing  its  work,  it  will  be  expected  to  take  account  of  work  which  has  already 
been  done  in  the  same  field  at  national  or  international  level  so  as  to  avoid  any 
duplication  of  effort. 

24.  The  third  paragraph  spells  out  the  fields  in  which  the  Centre  will  focus  the  tasks  laid 

down  in  Article  2.  These are: 

free  movement  of persons  within  the EU 
employment 
education,  vocational  training  and  youth 
information,  television  broadcasting  and other media and means of  communication 
social  exclusion 
free  movement  of  goods 
culture. 

Article  4 -  European  Racism  and  Xenophobia  Information  Network  (Raxen) 

25.  This  Article  details  the  resources  to  be  used  in  implementing  Article  2(2)(g),  i.e.  a 

European  Racism  and  Xenophobia  Information  Network  (Raxen). 

26.  To  enable  the  network  to  be  set  up  as  rapidly  and  efficiently  as  possible,  the  Member 
States are required  to supply  the  Centre with the necessary  information.  It will  be up to 
the  Centre's  Management  Board  to designate  the bodies  to  be  parties  to the network;  it 
will  be up  to the Centre to  establish,  where appropriate,  the necessary  contractual  links 
with  these  organizations  or with others,  in order to accomplish  any tasks which  it may 
wish  to  entrust  to them. 

Article  5 -  Protection  and  confidentiality  of  personal  data 

27.  The  point  of  national  legislation  on  the  treatment  of  personal  data  is  to  ensure  respect 
for people's fundamental rights and freedoms, particularly the right to privacy. Parliament 
and Council Directive 95/46/EC 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  is 
concerned  particularly  with  approximating  the  national  laws  and  guaranteeing  an 
equivalent  level  of protection,  but leaving the Member  States some room for  manoeuvre 
in implementing the directives. To provide effective  protection  of any data it is sent, the 
Centre will  adopt rules implementing Directive 95/46/EC (paragraph  1). These rules will 
be  communicated 
the 
Official  Journal  (paragraph  2). 

to  the  Commission  so  that 

they  can  be  published 

in 

28.  Where  personal  data  are  sent  to the  Centre by  one  of the  Member  States or vice versa, 
the  transmission  procedure  must  comply  with  the  national  provisions  concerning  the 
processing  of personal  data (paragraph  3). The same rule will  apply mutatis mutandis to 
contacts  with  other  national  and  international  bodies.  Provision  is  made for  the  Centre 
to  refrain  from  any  activity  concerning  specific  and  named  cases  (paragraph  4). 

29.  Similarly,  Member  States  and  national  bodies  working  with  the  Centre  may  decide,  in 
accordance  with  their  national  law,  not  to  supply  the  Centre with  information  which  is 
classified  as confidential  under  their  national  law.  (paragraph  6). 

Article  6 -  Legal  personality  and  capacity 

30.  The Centre will have legal  personality  and will enjoy,  in each of the Member  States, the 
most  extensive  legal  capacity  accorded  to  legal  persons.  Clearly,  the  Centre  needs,  for 
the  purposes  of  achieving  its objectives,  to be able to  conclude  contracts  and  enter  into 
other  acts  with  legal  repercussions  in  its  own  name,  and  not  just  on  behalf  of  the 
Commission.  It  follows  that  the  Centre  must  have  legal  personality  pursuant  to  the 
national  law of the Member  States. The terms of this Article are largely  similar to those 
of  Articles  210  and  211  of  the  EC  Treaty.  Article  7 of  the  proposal  for  a Regulation, 
however,  establishes  very  clearly  that  the  Centre  has  only  limited  capacity  under 
international  law,  and certainly  does not include the capacity  to conclude treaties, given 
that the agreement with the Council  of Europe has to be entered  into by the Community 
as  such. 

Article  7 -  Cooperation  with  competent  organizations  or  bodies 

31.  This Article governs the Centre's relations with other organizations  or bodies competent 
to  deal  with  the  analysis  of  racist  and  xenophobic  phenomena.  More  particularly,  it 
provides  for  the  Community,  on  behalf  of  the  Centre,  to  conclude  with  the Council  of 
Europe  an  agreement  establishing  close  cooperation  between  it  and  the  Centre. 

Articles  8,  9,  10  and  11  -  Management  Board,  Executive  Board,  Director,  Scientific 
Committee 

32.  These  Articles  lay  down  the  rules  governing  the  composition  and  functions  of  the 
Management Board and its Executive Board (Articles 8 and 9). Article  10 details the role 
and  the functions  of the Director,  while  Article  11 sets out the composition  and  role of 
the  Scientific  Committee. 

Article  12 -  Staff 

33.  The  point  here  is  to  make  the  Centre's  staff  subject  to  all  the  Regulations  and  rules 

applicable  to officials  and  other  servants  of the European  Communities. 

Article  13 -  Budget 

34.  This  Article  sets out the Centre's budgetary  rules (governing  income,  expenditure,  how 

the budget  is established  and  how  the  accounts  are audited). 

Article  14 -  Privileges  and  immunities 

35.  The content of Article  14 is the natural consequence of setting up a Centre which  reports 
to the Community and which applies the EC Staff Regulations to its staff.  The same rule 
applies  for  other  Community  agencies  likewise. 

Article  15 -  Liability 

36.  This  Article  derives  largely  from  Articles  178  and  215  of  the  EC  Treaty  The  first 
paragraph reiterates the first paragraph of Article 215 and makes provision, as is the case 
in  most  of the  contracts  concluded  by  the Commission,  for  a clause  conferring  judicial 
competence  on the  Court  of  Justice.  The  second  paragraph  combines  the  provisions  of 
Article  178 and the second paragraph  of Article 215. The third  paragraph  is identical  to 
paragraph  4  of  Article  215.  All  these  provisions  are  the  logical  consequence  of 
conferring  legal  personality  on  the  Centre  and  of  giving  it  the  capacity  to  enter  into 
contracts under national law. Such powers necessarily bring with them the need to accept 
liability  where  necessary. 

Article  16 -  Reporting  procedures 

37.  This provision  obliges the Commission  to transmit,  during the third  year  following  the 
entry  into  force  of  the  Regulation,  to  the  European  Parliament,  the  Council,  the 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  a  report  on  the 
Centre's activities. Where appropriate,  this report may include a proposal  for  extending 
the  Centre's  range  of  tasks.  Any  such  proposal  will  be  made  in  the  light  of  the 
Community's  changing  powers  in  the field  of racism  and  xenophobia. 

Article  17 - Entry  into  force 

38.  The  proposal  for  a Regulation  sets the  date of  entry  into force  of the Regulation  as the 
day  following  the  date  of  decision  by  the  competent  authorities  on  where the  Centre's 
seat  should  be  located. 

Proposal  for a 
COUNCIL  REGULATION  (EC) 

establishing  a European  Monitoring  Centre  for  Racism  and  Xenophobia 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  235  thereof, 

Having  regard  to the  proposal  from  the  Commission1, 

Having  regard  to the  opinion  of the  European  Parliament2, 

Having  regard  to the  opinion  of the Economic  and  Social  Committee3, 

Having  regard  to the  opinion  of the  Committee  of the Regions4, 

Whereas,  in the  preamble to the  Single European  Act,  the Member  States  stress the need  to 
"work  together  to  promote  democracy  on  the  basis  of  the  fundamental  rights  recognized  in 
the  constitutions  and  laws  of  the  Member  States,  in  the  Convention  for  the  Protection  of 
Human Rights and Fundamental Freedoms and the European  Social Charter, notably  freedom, 
equality  and  social justice"; 

Whereas  Article  F(2)  of  the  Treaty  on  European  Union  states  that  the  Union  is  to 
"respect  fundamental  rights,  as guaranteed  by the European  Convention  for  the Protection  of 
Human Rights and Fundamental  Freedoms signed in Rome on 4 November  1950 and as they 
result from  the constitutional  traditions  common  to the Member  States,  as general  principles 
of  Community  law"; 

Whereas  racism,  xenophobia  and  antisemitism  seriously  impinge  on  fundamental  rights; 

Whereas  the  Community  must  respect  fundamental  rights  in  formulating  and  applying  its 
policies;  whereas,  in particular,  compliance with  human  rights  constitutes  a condition  of the 
legality  of  Community  acts; 

Whereas  on  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 
on  racism  and  xenophobia  stressing  the  "importance  of  adequate  and  objective  information 
and  of  making  all  citizens  aware of  the  dangers  of  racism  and  xenophobia,  and  the  need  to 
ensure that  all  acts or forms  of  discrimination  are prevented  or  curbed"5; 

Whereas the European  Council  meeting in Corfu  on 24 and 25 June  1994 determined  to step 
up  efforts  to  define,  at European  Union  level,  a global  strategy  aimed  at  combating  acts  of 
racist  and  xenophobic  violence;  whereas  to  this  end  it  set  up  a  Consultative  Commission 
charged  with  making  recommendations  on  combating  racism  and  xenophobia; 

O J N oC  158, 25.6.1986,  p.  1. 

Whereas  the  European  Council  meeting  in  Cannes  on  26  and  27  June  1995  called  on  the 
Consultative  Commission  to  extend  its  work  in  order  to  study,  in  close  cooperation  with 
the  Council  of  Europe,  the  feasibility  of  a  European  Monitoring  Centre  on  Racism 
and  Xenophobia; 

Whereas  the  conclusions  of this feasibility  study  were  put  to the  European  Council  meeting 
in  Florence  on  21  and  22 June  1996; 

Whereas  the European  Council  meeting  in Florence  reaffirmed  the  Union's determination  to 
combat racism and xenophobia with the utmost resolve and approved the principle underlying 
the  establishment  of  a European  Monitoring  Centre; 

Whereas  the  collection,  recording,  analysis  and  publication  of  objective,  reliable  and 
comparable information  on racist and xenophobic acts and attitudes are necessary at European 
level to provide full  information  in the Community on the problem  of racism and xenophobia 
so as to enable the Community to meet its obligation to respect fundamental rights and to take 
account of them in formulating  and applying whatever policies and acts it adopts in its sphere 
of  competence; 

Whereas  racism  and  xenophobia  are  phenomena  which  manifest  themselves  at  all  levels 
within  the  Community:  local,  regional,  national  and  Community; 

Whereas  the information  which  is collected,  recorded  and  analysed  at Community  level  can 
also be useful  to the Member States' authorities in formulating  and applying measures at local, 
regional  and  national  level  in their  own  spheres  of  competence; 

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; 

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; 

the  protection  of  personal  data  must  be  assured 

Whereas 
in  accordance  with 
Directive  95/46/EC of the European Parliament and of the Council of 24 October  1995 on the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data  and  on  the  free 
movement  of  such  data6; 

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

Whereas  this  Regulation  might,  where  appropriate,  be  adapted  on  expiry  of  a  three-year 
period,  with  a view to deciding  whether or not to modify  or extend  the Centre's tasks,  more 
especially  depending  on  any  changes  in  Community  powers; 

Whereas the Treaty  does not, for the purpose of adoption  of this Regulation,  provide for  any 
powers  of  action  other  than  those laid  down  in  Article 235, 

O J N oL  281, 23.11.1995,  p. 31 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

A  European  Monitoring  Centre  for  Racism  and  Xenophobia  (hereinafter  referred  to  as 
"the  Centre")  is  hereby  established. 

Article  2 

Objective  and  tasks 

1.  The  prime  objective  of  the  Centre  shall  be  to  provide  the  Community  and  its 
Member  States,  more  especially  within  the  fields  referred  to  in  Article  3(3),  with 
objective,  reliable  and  comparable  data at European  level  on the phenomena  of  racism, 
xenophobia  and  antisemitism  in  order  to  help  them  when  they  take  measures  or 
formulate  courses  of  action  within  their  respective  spheres  of  competence. 

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: 

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

international  organizations  - particularly 

referred 

those 

to 

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

(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; 

(d)  set  up  documentation  resources  open  to  the  public,  encourage  the  promotion  of 

information  activities  and  stimulate  scientific  research; 

(e)  formulate  conclusions  and  recommendations  for 

the  Community  and 

its 

Member  States; 

(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; 

(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, 

(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. 

Article  3 

Working  methods  and  areas  of  activity 

1.  The  Centre  shall  carry  out  its tasks  in  the  light  of  the  objectives  adopted  in  its  annual 

programme  and  with  due  regard  to the  available budgetary  resources. 

2. 

In pursuing its activities, the Centre shall, in order to avoid  duplication,  take account of 
activities  already  carried  out  by  the  Community  institutions  and  by  other  institutions, 
bodies and competent international organizations, particularly the Council of Europe, and 
shall  ensure that  it  provides  added-value. 

3.  The  information  and data to be collected  and  processed,  the  scientific  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  following  fields: 

(a)  free  movement  of  persons  within  the  Community; 

(b)  employment; 

(c)  the  media  and  other  means  of  communication; 

(d)  education,  vocational  training  and  youth; 

(e)  social  exclusion; 

(f)  free  movement  of goods; 

(g)  culture. 

Article  4 

European  Racism  and  Xenophobia  Information  Network  (Raxen) 

1.  To  enable  the network  provided  for  in  Article  2(2)(g)  to  be  established  as rapidly  and 
efficiently  as possible, the Member States shall forward  to the Centre a list of the centres 
and  organizations  referred  to in  that  Article. 

2.  The  Centre's  Management  Board  shall  designate  the  bodies  which  are  to  be  parties  to 
Raxen.  The decision  of the Management  Board  shall  be subject  to a favourable  opinion 
from  the  Scientific  Committee  referred  to in  Article  11. 

3.  The  Centre  may  enter 

in  particular  subcontracting 
arrangements,  with  the  bodies  referred  to  in  paragraph  2,  in  order  to  accomplish  any 
tasks  which  it  may  entrust  to them. 

into  contractual 

relations, 

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. 

10 

The  allocation  of  such  tasks  shall  appear  in  the  Centre's  annual  programme. 

Article  5 

Protection  and  confidentiality  of  personal  data 

1.  The  Centre  shall  apply  to  its  processing  of  personal  data  under  this  Regulation  the 
provisions  laid  down  in  Directive  95/46/EC.  To  this  effect,  the  Management  Board 
shall  adopt  rules  implementing  these  provisions,  in  particular  concerning  the  rights  of 
the  individuals  concerned,  the  confidentiality  and  security  of  processing,  suitable 
safeguards  for  rendering data anonymous before  disclosure,  and the internal  supervision 
of  processing. 

2.  The  Centre  shall  transmit  the  implementing  rules  referred  to  in  paragraph  1  to  the 
Commission  for  publication  in the  Official  Journal  of  the  European  Communities.  The 
Centre  may  not  process personal  data before  the  entry  into  force  of those rules. 

3.  Where,  under  the  provisions  of this Regulation,  the Member  States  transmit  or  receive 
personal  data,  they  shall  apply  their  respective  national  data-protection  laws  to  the 
processing  of  such  data  in  accordance  with  the  provisions  of  Directive  95/46/EC. 

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. 

5.  Data  on  racist,  xenophobic  and  antisemitic  violence  supplied  to  and  communicated  by 
the  Centre  may  be  published  subject  to  compliance  with  the  Community  and  national 
rules  on  information  dissemination  and  confidentiality. 

6.  Member  States  and  national  bodies  cooperating  with  the  Centre  shall  be  under  no 
obligation  to  provide  information  classified  as confidential  under  their  national  law. 

Article 6 

Legal  personality  and  capacity 

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. 

Article 7 

Cooperation  with  national  and  international  organizations 

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. 

2.  The  arrangements  for  the cooperation  referred  to in  paragraph  1 shall  be subject  to the 

approval  of  the Management  Board. 

11 

3.  The  Centre  shall  coordinate  its  activities  with  those  of  the  Council  of  Europe, 
particularly  with  regard  to  its  programme  of  work.  To  this  end,  the  Community  shall 
enter  into  an  agreement,  on  behalf  of  the  Centre,  with  the  Council  of  Europe  for  the 
purpose  of  establishing  close  cooperation  between  the  latter  and  the  Centre.  This 
agreement  shall include the appointment of a person nominated by the Council of Europe 
to  sit  on  the  Centre's  Management  Board. 

Article  8 

Management  Board 

1.  The Centre's Management Board shall be composed of one independent 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 
a  representative  of the  Commission. 

Each  member  shall  have  a deputy  appointed  on  a  similar basis. 

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. 

Each  member  of  the Management  Board,  or  in  his  absence,  his  deputy,  shall  have  one 
vote. Decisions  shall  be taken  by a two-thirds majority  of the votes cast. The  Chairman 
shall  vote. 

3.  The  Management  Board  shall  take  the  decisions  necessary  for  the  operation  of  the 

Centre.  In  particular,  it  shall: 

(a)  determine  the  Centre's  annual  programme  of  activities  in  accordance  with  the 
budget  and  the  available  resources  and  after  consulting  the  Scientific  Committee; 
this  programme  may  be reviewed  when  necessary  during  the year; 

(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; 

(c)  appoint  the  Centre's  Director; 

(d)  adopt  the  Centre's  annual  draft  and  final  budgets; 

(e)  approve  the  accounts  and  give the Director  discharge. 

4.  The  Management  Board  shall  adopt  its  rules  of  procedure.  The  Board  shall  meet,  as 

convened  by  its Chairman,  at least  twice  a year. 

Article 9 

Executive Board 

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 
Commission  representative. 

the  Council 

the  person 

of  Europe 

appointed 

and 

by 

12 

2.  The Executive Board  shall  supervise the work of the Centre, monitor the preparation and 
execution  of  programmes  and  prepare  the  meetings  of  the  Management  Board  with 
the  assistance of the Centre's Director.  The Executive Board  shall  also perform  any  task 
entrusted  to  it  by  the  Management  Board,  in  accordance  with  the  tatter's  rules 
of  procedure. 

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 period  of  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's  annual  work  programme; 

(c)  preparing  reports,  conclusions  and  recommendations  as  referred 

to  in  this 

Regulation; 

(d)  all  staff  matters  and  matters  of  day-to-day  administration. 

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. 

4.  The  Director  shall  be the  Centre's  legal  representative. 

Article  11 

Scientific  Committee 

1.  The  Management  Board  and  the  Director  shall  be  assisted  by  a  Scientific  Committee 
charged  with  giving  its  opinion  on  any  scientific  question  relating  to  the  Centre's 
activities which  the Management  Board  or the Director  put  to it. 

The  Scientific  Committee shall adopt its opinions by a simple majority  of the votes cast, 
each  member  having  one  vote.  Divergent  views  shall  be  notified 
the 
Management  Board. 

to 

2.  The  Scientific  Committee  shall  be  composed  of  up  to  nine  experts,  preferably  from 
different  States,  who  are  particularly  qualified  or  experienced  in  analysing  racist  and 
xenophobic  phenomena. 

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

the  Member  States,  the  Commission,  and  the  national  and 

The  Management  Board  shall  ensure  that the  Scientific  Committee  is  multidisciplinary 
in  its  composition. 

3.  The term  of  office  of the  members  of the  Scientific  Committee  shall  be three years.  It 

shall  be  renewable  once. 

4.  The  Scientific  Committee  shall  elect  its Chairman  and  Vice-Chairman. 

5.  The  Scientific  Committee  shall  be  convened  by  its Chairman  at least twice  a year. 

13 

Article  12 

Staff 

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

and  other  servants  of the European  Communities. 

2.  The  Centre  shall  exercise  in  respect  of  its  staff 

appointing  authority. 

the  powers  devolved  to  the 

3.  The Management Board  shall, in agreement with the Commission,  adopt the appropriate 

implementing  rules. 

Article  13 

Budget 

1.  Estimates  shall  be  drawn  up  of  all  the  Centre's  revenue  and  expenditure  for  each 
financial  year,  which  shall  correspond  to the  calendar  year,  and  shall  be entered  in  the 
Centre's  budget. 

2.  By  15 February  each year at the latest, the Director  shall  draw up the premiminary  draft 
budget  for  the  following  financial  year.  The  preliminary  draft  budget  shall  cover  the 
operating expenditure and 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. 

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

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

(a)  a  subsidy  from  the  Community,  entered  under  a  specific  heading  in  the  general 

budget  of  the European  Communities  ("Commission"  section); 

(b)  payments  received  for  services  rendered; 

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

5.  The  Centre's  expenditure  shall 

remuneration,  administrative  and 
include  staff 
infrastructure  expenses,  operating  costs and expenditure  relating to contracts  concluded 
with  institutions  or bodies  party  to Raxen  and with  third  parties. 

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. 

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. 

8.  The  Director  shall  implement  the  Centre's  budget. 

9.  Monitoring  of the  commitment  and  payment  of  all  the  Centre's  expenditure  and  of  the 
establishment  and  recovery  of  all  the  Centre's  revenue  shall  be  carried  out  by  the 
Commission's  Financial  Controller. 

14 

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. 

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

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

implementation  of the  budget. 

12.  The  Management  Board 

the 
Court  of  Auditors,  adopt  the  internal  financial  provisions  specifying  in  particular  the 
arrangements  for  establishing  and  implementing  the  Centre's  budget. 

the  Commission  and 

shall,  after 

consulting 

Article  14 

Privileges  and  immunities 

The  Protocol  on the Privileges  and  Immunities  of the European  Communities  shall  apply  to. 
the  Centre. 

Article  15 

Liability 

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 accordance  with  the general 
principles common to the laws of the Member  States, make good  any damage caused by 
the  Centre  or its  servants in  the performance  of  their  duties. 

The Court  of Justice shall  have jurisdiction  in disputes relating to compensation  for  any 
such  damage. 

Article  16 

Reporting  arrangements 

During the third year following  the entry into force  of this Regulation,  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  wjth 
proposals,  if appropriate, to modify  or extend its tasks, taking  into account,  in particular,  the 
development  of  Community  powers  in the field  of  racism  and  xenophobia. 

Article  17 

Entry  into  force 

This  Regulation  shall  enter  into  force  on  the  day  following  the  date  of  the  decision  by  the 
competent  authorities  on where the  seat  of the Centre  should  be  located. 

This Regulation  shall be binding  in its entirety  and directly  applicable  in all  Member  States. 

Done  at Brussels, 

For  the  Council 
The  President 

15 

FINANCIAL  STATEMENT 

1. 

TITLE  OF OPERATION 

Draft  Council  Regulation  establishing  a  European  Monitoring  Centre  for  Racism  and 
Xenophobia 

2. 

BUDGET  HEADING INVOLVED 

Heading  to be  included  in  the  Commission's  1998 preliminary  draft  budget:  European 
Monitoring  Centre  for  Racism  and  Xenophobia  (new  B3-4115). 

3. 

LEGAL  BASIS 

Article  235  of the  Treaty 

Proposal  for  a Council  Regulation 

4. 

DESCRIPTION  OF OPERATION 

4.1  General  objective 

To  set  up  a  European  Monitoring  Centre  for  Racism  and  Xenophobia  responsible  for 
taking stock of and evaluating racist and xenophobic phenomena in the European Union, 
analysing  the  causes  of  racism  and  xenophobia,  and  drawing up  proposals  to be  put  to 
the  Community  institutions  and  the Member  States. 

The  Centre  must  be  independent  (so  as  to  guarantee  its  credibility),  and  must  have  a 
team  of  persons  qualified  in  the  scientific  and  administrative  fields  (to  guarantee  its 
legitimacy). 

4.2  Period  covered  and  arrangements  for  renewal  or  extension 

The  operation  will  be  open-ended  (annual  subsidy). 

Article  16 of the proposal for a Regulation provides for the Commission to report, during 
the third year following  the entry into force of the Regulation, on the Centre's activities, 
together  with  proposals,  if  appropriate,  to modify  or  extend  its tasks. 

5. 

CLASSIFICATION OF  EXPENDITTJRE  OR REVENUE 

5.1  CompuIsory/Non-compuIsory  expenditure 

5,.2  Differentiated/Non-differentiated  appropriations 

5.3  Type  of  revenue  involved 

Revenue  may  be  generated  by  the  Centre's  services  and  the  participation  of 
certain  organizations. 

6.  TYPE OF EXPENDITURE OR REVENUE 

6.1  100% subsidy to cover the Centre's ordinary budget in accordance with Article  13 of the 

proposal  for  a Regulation 

6.2  N/A 

16 

6.3  N/A 

6.4  N/A 

6.5  As  the  Centre  has  no  economic  objective,  the  question  of  economic  success  is  not 

pertinent. 

7 

FINANCIAL  IMPACT 

7.1  Method  of  calculating  total  cost  of  operation  (definition  of  unit  costs) 

(1)  The establishment  phase during the first  year (1998) will  require a subsidy to the Centre 

of  approximately  ECU  3 million,  viz. 

staff 

operating  costs 

ECU  1 million 

ECU  1 million 

operational  expenditure 

ECU  1 million 

Total 

ECU  3  million 

(2)  Three  categories  of  expenditure  will  arise  for  its  budget  when  the  Centre  is  up 

and  running: 

(a)  staff 
(b)  operating  costs (e.g.  computer  operations,  rent,  etc) 
(c)  operational  expenditure  (e.g.  meetings,  networking  arrangements,  etc). 

These costs will require a subsidy from  the Community  of between ECU 6 and 7 million 
per  year. 

These  types  of  expenditure  can  be broken  down as  follows. 

(a)  Staff 

The proposed budget corresponds to an estimated  staffing  strength  of 25 people  for 
the  Centre  in the medium  term,  comprising  of  necessity 

10 A 
8B 
6C 
1 D 

1.  The  current  average  cost  of  a basic  salary  (all  grades)  is: 

A 
B 
C 
D 

BEF  313  934, i.e.  equivalent  to  an 
BEF  173 652,  " 
BEF  119  190,  " 
BEF  102 630,  " 

A4-5 
B2-3 
Cl-1 
Dl-4 

2.  Add the various ancillary costs directly associated with the basic salary (30.8% 

of the basic  salary). 

3.  An  estimate  for  the  proposed  25  posts  gives,  for  a  full  year  (12  months),  a 

total  of ECU  2.2  million  (1 ECU = BEF  39.1092). 

17 

(b)  Operating  costs 

The  projected  expenditure  is  of  the  order  of  ECU  1.5  to  2 million  per  year.  This 
might  be  reduced  on  completion  of  the  establishment  phase.  It  covers  the 
following  items. 

rent  and  associated  costs 
computer  operations 
furniture 
electronic  and  documentation  resources 
business travel 
administrative  expenditure 

(c)  Operational  expenditure 

This  item  is  estimated  at  approximately  ECU  2  million  per  year,  broken  down 
as  follows: 

(c)  1. 

Cost  of  meetings  and  of  the Raxen  network: 

2  meetings  of  the Management  Board  ( 2 x2  days x  18 people); 
2 meetings  of the  Scientific  Committee  ( 2 x2  days  x  9 people); 
6  meetings  of the Executive Board  ( 6 x2  days  x 6 people); 
2  meetings  of  the Raxen  network  ( 2 x2  days x  30 people); 
making  ECU  250  000  (based  on  ECU  1  500  per  person  per  two-day 
meeting),  plus  the  various  logistical  expenses, 
interpretation  and 
translation  for  the  meetings. 

(c)  2. 

Studies,  information  processing  and  dissemination,  establishment  and 
publication  of  reports,  organization  of  round-table  discussions,  etc. 

8.  FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN 

Article  13  of  the  proposal  for  a  Regulation  makes  provision  for  the  Commission's 
Financial  Controller  to  monitor  the  commitment  and  payment  of  all  the  Centre's 
expenditure  and  to vet  the  establishment  and  recovery  of  all  its revenue. 

The  same  Article  stipulates  that  the  Court  of  Auditors  should  examine  the  accounts in 
accordance  with  Article  188c of  the  Treaty. 

9. 

ELEMENTS  OF  COST-EFFECTIVENESS  ANALYSIS 

9.1  Specific  and  quantified  objectives;  target  population 

Specific  objectives:  links  with  general  objective: 

to provide the institutions of the Community  and its Member States with  objective, 
reliable  and  comparable  data  at  European  level  on  the  phenomena  of  racism  and 
xenophobia  in  order  to  assist  them  in  taking  measures  or  formulating  courses  of 
action  in their  respective  areas  of  competence;  ' 

to study the extent and development of the phenomena and manifestations  of racism 
and xenophobia,  to analyse their causes, consequences and effects,  and to look into 
examples  of  good  practice  in  dealing with  them; 

to build  up cooperation  between  suppliers of information  and  develop  a policy  for 
concerted  use of their data bases in order to foster wide distribution  of  information; 

to  carry  out 
feasibility  studies; 

scientific 

research  and 

surveys,  preparatory 

studies  and 

to publish an annual report on the situation  regarding racism  and xenophobia  in the 
Community,  highlighting  examples  of  good  practice,  and  on  the  activities  of 
the  Centre; 

to  set  up  and  coordinate  a  "European  Racism  and  Xenophobia  Information 
Network"  (Raxen)  making  use  of  an  autonomous  computer  system  linking  all the 
parties  involved; 

to  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  will  take  the  findings  of  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  Community. 

Target  population:  the  entire  resident  population  of  the  Community.  Racism  and 
xenophobia  are  scourges  which  negate  the  principles  underlying  the  European  Union 
itself. Special target groups are those elements of the population which are most exposed 
to  racism:  immigrants,  gypsies,  Jews,  coloured  people,  etc. 

9.2  Grounds  for  the  operation 

Need  for  Community  financial  aid,  having regard  to the  principle  of  subsidiarity 

The  European  Council  meeting  in  Cannes  on  26  and  27  June  1995  called  on  the 
Consultative  Committee  on Racism  and  Xenophobia  (which  was  set up and,attached to 
the Council  in  1994) to study the feasibility  of setting up a European Monitoring Centre 
for  Racism  and  Xenophobia. 

Considering  the  conclusions  of  this feasibility  study,  the European  Council  meeting in 
Florence  on  21  and  22  June  1996  approved  the  principle  of  setting up  the  Centre arid 
called  on  the  Council  to  examine  the  legal  basis,  the  budget  and  the  links which  the 
Centre  might  have with  the  Council  of Europe. 

The Council meeting on 28 and 29 October took note of the outcome of this examination 
and  noted  that  the  majority  of  Member  States  felt  that  the  legal  basis  should  be 
Article  235 of the EC Treaty. This is the reason why the Commission is now making this 
proposal  for  a Regulation. 

Only  a European  centre  is  in  a  position  to  monitor  closely  the  development  of racism 
and  xenophobia  within the  EU,  to  alert  the European  institutions,  the  Member  States' 
governments  and  politicians  in  general,  and  to  incite  them  to  take  concrete  political 
measures. 

The  resurgence  of  racist  propaganda  and  the incitement  to  racial  hatred  channelled by 
electronic  media  shows  the  need  to  tackle  these  phenomenon  beyond  mere  national 
borders,  something which  individual  Member  States  cannot  do  on  their  own. 

. Choice  of  ways  and  means 

The Centre must be conceived  as a durable and independent body within  the framework 
of  the European  Union, and  run by  people of high  moral  standing with  the appropriate 
skills  and  experience  in  the  field  of  human  rights.  This  will  help  to  guarantee  the 
Centre's  scientific  objectivity  and to give it the necessary  moral  authority. 

19 

Main  factors  of uncertainty  affecting  the  specific  results  of  the  operation 

The  main  factor  of uncertainty  arises from  the work  of the  IGC, which  might  decide to 
include  in  the  Treaty  a  provision  banning  all  forms  of  discrimination  based  on  race, 
colour,  religion,  etc. Should  such a decision be forthcoming,  it could  strengthen  the role 
and  importance  of the Centre. 

9.3  Monitoring  and  evaluation  of  the  operation 

Evaluation  will  take the following  forms: 

annual  report  by  the  Management  Board  to  the  Council,  the  Commission  and  the 
European  Parliament  (Article  8(2)(b)); 

during  the  third  year  following  the  entry  into  force  of  the  Regulation,  the 
Commission  will forward  a progress report on the Centre's activities, together  with 
proposals,  if  appropriate,  to  modify  or  extend  its tasks  (Article  16). 

The performance  indicators to be applied  in this operation  can be of a qualitative  nature 
only.  They  will  make  it  possible  to judge  the  Centre's  input  to  the  political  decision 
making process  at the level  of the Member  States and of the Community  in terms of the 
fight  against  racism. 

10.  ADMINISTRATIVE EXPENDITURE (PART A  OF SECTION in  OF THE GENERAL BUDGET) 

The  effective  mobilisation  of  the  requisite  administrative resources  will  depend  on  the 
Commission's annual  decision  on how to allocate resources, bearing in mind the  staffing 
levels  and  additional  amounts  of  money  authorised  by  the  budget  authority.  The 
allocation  of  additional  resources  must  be  seen  in  the  context  of  the  Commission's 
priorities  within  the  constraints  of  the  available budget  resources in the  annual  budget. 

For the preparatory and establishment phases, the following resources will be temporarily 
required. 

10.1  Effect  on  the  number  of jobs 

Type  of job 

Staff  to be  assigned 
to  the  operation 

permanent 
jobs 

temporary 
jobs 

officials 
or  temporary 
agents 

A 
B 
C 

Other  resources 

TOTAL 

1 
1 
1 

3 

20 

of whom 

duration 

by  using 
supplementary 
resources 

2  years 
(Commission 
preparatory 
phase) 

by  using 
existing 
resources  in 
the  DG  or 
department 
concerned 

1 
1 
1 

3 

10.2.  Overall  financial  effect  of  the  additional  human  resources 

Budget  heading 

Amount 

Calculation  method 

Expenditure  on 
staff  assigned 
existing  resources)  is estimated  at 

to 

the  operation 

(internal 

redeployment  of 

Temporary  agents  1 A 
1 B 
1 C 

Titles  A-l,  A-2,  A-4  and  A-5 

Total  ECU  600  000  for  the  duration  of the  preparatory  phase 

10.3.  Increase  in  other  expenditure  as a result  of  the  operation 

Budget  heading 

Amount 

Calculation  method 

Total 

I 

Expenditure  on  business  travel  (A130),  by  allocation  of  internal  resources,  is  put  at 
ECU  10 000  (A  130). 

21 

ISSN 0254-1475 

COM(96) 615  final 

DOCUMENTS 

EN 

01  05 

Catalogue  number  :  CB-C0-96-637-EN-C 

ISBN  92-78-12965-8 

Office  for  Official  Publications of the European  Communities 

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