Amended proposal for a Council Regulation (EC) establishing a European Monitoring Centre for Racism and Xenophobia
Date: 1997-05-14
Institutions: European Commission
Subjects: EU office or agency, data processing, racism, xenophobia

COMMISSION OF THE  EUROPEAN  COMMUNITIES 

Brussels,  14.05.1997 
COM(97) 201 final 

96/ 0298 (CNS) 

Amended proposal  for a 

COUNCIL fiEQUlATIQN (EC) 

establishing a European Monitoring Centre for Racism and Xenophobia 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

Explanatory memorandum 

On 27 November  1996 the Commission presented a proposal  for a Council regulation 
establishing a European Monitoring Centre for Racism and Xenophobia.  This proposal 
aims  to  establish  a European  Monitoring  Centre  for  Racism  and  Xenophobia  which 
will  place the results  of  its work  at the disposal  of  the Community  and the Member 
States. 

The  Economic  and  Social  Committee  and  the  European  Parliament  have  been 
consulted on the basis of Article 235 of the Treaty, the legal basis of the proposal. 

On 19 March  1997 the Economic and Social Committee adopted  an Opinion in which 
it  proposed  a  number  of  amendments  of  which  one  has  been  accepted  by  the 
Commission and integrated in this amended proposal. 

The European  Parliament,  in its  session  of  April  1997,  made  several  amendments  to 
the  Commission's  text.  The  Commission  was  unable  to  accept  all  the  amendments 
since some aimed to change standard articles applied to monitoring centres functioning 
under the  Community's  aegis  and others  aimed to  extend  the  field  of  activity  of  the 
Centre beyond what could be conferred under the EC Treaty. 

However, the Commission did accept some amendments. 
Consequently,  it  proposes,  on  the  basis  of  Article  189(a)(2)  of  the  EC  Treaty  to 
modify  its  initial  proposal  to  take  account  of  certain  amendments  proposed  by  the 
European Parliament in its legislative resolution. 

o£ 

CoiîïineitC on proposée  ntodificalbuts 

md 2 

Amendments consisting in the addition of 2 new recitals. 
The amendments contain useful  clarifications  which supplement  the recitals 
already proposed. 

Amendment consisting in the addition of the words "in the Member  States" 
to the fourteenth  recital. 
The  addition  of  a  reference  to  the  organisations  in  the  Member  States 
usefully 
international 
organisations. 

to  national  and 

supplements 

reference 

the 

Amendment concerning Article 2,(2) - Objective and tasks of the Centre. 
The amendment proposed contains useful  clarifications. 

Amendment concerning the title of Article 7. 
This  consists  in  the  addition  of  organisations  in  the  Member  States  to 
national or international organisations (see point 3). 

Amendment concerning Article 7(1).* 
This amendment  is on all fours  with  point  5 (supra).  It  also  aims to  oblige 
the Centre to cooperate with the organisations referred  to. 

Amendment concerning Article  10, paragraph 3. 
This amendment is a  clarification. 

Amendment  concerning Article  11,2,2. 
This  amendment  reflects  the  addition  of  the  organisations  in  the  Member 
States in Article 7. 

Amendment concerning Article 13. 
This amendment adds an Article  13a and states that the translation  services 
required  are provided  by the Translation  Centre to bodies of the European 
Union. 

Proposal for a Council 

Amended proposal  for a  Council 

regulation  establishing  a  European 
Monitoring  Centre  for  Racism  and 
Xenophobia 

Regulation  establishing  a  European 
Monitoring  Centre  for  Racism  and 
Xenophobia 

Old version 

New version 

presented  by 
27 November  1996 

the  Commission  on 

taking into account  certain  amendments 
of the European Parliament 

Proposal for a 
COUNCIL REGULATION  (EO 

establishing a European Monitoring 
Centre for Racism and Xenophobia 

THE COUNCIL OF THE 
EUROPEAN  UNION 

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

and 

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, 

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4 

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the  basis  of 

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

for 

in 

.  . 

.*,  v  <~  , 

~ 

rights, 

"respect fundamental 

Whereas  Article  F(2)  of  the  Treaty  on 
European  Union  states that  the  Union is 
as 
to 
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"; 

racism, 

Whereas 
antisemitism.  seriously 
fundamental rights; 

xenophobia 

impinge 

and 
on 

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

its  policies;  whereas, 

the 

Council, 

Whereas on  11 June  1986, the  European 
Parliament, 
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; 
. 

: 

OJNoC  158, 25.6.1986, p.  1 

r 

1 

: 

.. 

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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; 

Whereas  the  European  Council  meeting 
in Cannes on 26 and 27 June  1995 called 
to 
the  Consultative  Commission 
on 
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 
reaffirmed 
in  Florence 
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; 

the 

full 

collection, 

Whereas 
recording, 
analysis  and  publication  of  objective, 
reliable  and  comparable  information  on 
racist  and  xenophobic  acts  and  attitudes 
to 
are  necessary  at  European 
provide 
the 
information 
Community on the problem of racism and 
xenophobia 
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; 

level 
in 

so  as 

enable 

to 

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

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C 

Whereas 
the 
is 
information  which 
recorded  and  analysed  at 
collected, 
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; 

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

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

enhance 

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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 
considerable 
experience in this  field; 

has 

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

organizations, 

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Whereas  the  protection  of  personal  data 
in  accordance  with 
must  be  assured 
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 
the 
Community institutions;' 

links  with 

close 

OJNoL281, 23.11.1995, p.  31. 

7 

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, 

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HAS ADOPTED THIS REGULATION: 

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Article 1 

for 
A  European  Monitoring  Centre 
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 
spheres  of 
respective 
competence 

their 

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

their 

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(a)  collect, 

and 

record 

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

those  referred 

to 

(a)  collect, 

and 

record 

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

r 

(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 
the  wide 
distribution of their information; 

Commission, 

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

the  Council  or 

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

the  public, 

encourage 

(e)  formulate 

and 
recommendations for the Community 
and its Member States; 

conclusions 

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

and  on 

racism 

(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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(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; 

(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-govemmentai 
organizations  and  specialise centres 
set  up  by  organizations 
the 
in 
Member  States  or 
international 
organizations referred to in Article 7; 

Unchanged 

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and 

regular 

encourage 

the 
(h)  facilitate 
organization  of 
round-table 
discussions or meetings of other existing, 
the 
standing  advisory  bodies  within 
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 
round-table 
the  national 
discussions  or  of  other  existing,  standing 
advisory bodies into account in its annual 
report  on  the  situation  regarding  racism 
and  xenophobia 
the  European 
Community. 

in 

.. 

Article 3 

areas  of 

„, 
Working  methods  and 
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: 

/o 

(a)  free  movement of persons within the 

Community; 

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(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 

i.  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 
the  centres  and 
list  of 
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. 

enter 

relations, 

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

in 

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. 

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

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fi 

Articlc5 
Protection and confidentiality of 
personal data 

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to 

its 
1.  The  Centre  shall  apply 
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 
provisions, 
implementing 
in 
these 
the  rights  of 
particular  concerning 
the individuals 
the 
confidentiality  and security of processing, 
suitable  safeguards  for  rendering  data 
anonymous  before  disclosure,  and  the 
internal supervision of processing. 

concerned, 

shall 

rules 

referred 

transmit 
to 

the 
2.  The  Centre 
implementing 
in 
paragraph  1  to  the  Commission  for 
publication  in the  Offrcial  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 
the  provisions  of 
accordance  with 
< 
Directive 95/46/EC. 

the 

and 

under 

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 
conditions 
prescribed  by  the  forwarding  authority. 
This 
shall 
provision 
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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j 

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

dissemination 

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~ 

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6  Member  States  and  national  bodies 
cooperating  with  the  Centre  shall  be 
under 
provide 
obligation 
information  classified  as  confidential 
under their national law. 

no 

to 

Article 6 
Legal personality and  capacity 

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

legal 

. 
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. 

Article 7 
Cooperation with organizations in the 
Member States and  international 
organizations 

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

or 

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2.  The 
the 
arrangements 
cooperation  referred  to  in  paragraph  1 
shall  be  subject  to  the  approval  of  the 
Management Board. 

for 

shall 

its 
3  The  Centre  shall  coordinate 
activities  with  those  of  the  Council  of 
Europe,  particularly  with  regard  to  its 
programme  of  work.  To  this  end,  the 
an 
Community 
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 

enter 

into 

is 

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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. 

Journal  of 

for  publication 

2.  The  names  of  the  members  and 
deputy  members  of  the  Management 
Board  shall  be  notified  to  the  European 
Commission 
the 
the  European 
Official 
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. 

in 

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 

of 

activities 

the  Centre's 

annual 
in 
programme 
accordance  with the budget  and  the 
available 
after 
consulting the  Scientific  Committee, 
this  programme  may  be  reviewed 
when necessary during the year; 

resources 

and 

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

the  Commission, 

annual 

the 

;y 

(c)  appoint theCentre's Director 

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(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. 

A l1i de  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 
person  appointed  by  the  Council  of 
Europe 
the 
Commission representative. 

and 

and 

execution 

2.  The Executive Board shall supervise 
the  work  of  the  Centre,  monitor  the 
preparation 
of 
programmes and prepare the meetings of ' 
the  Management 
with 
the assistance  of  the  Centre's  Director. 
The  Executive  Board  shall  also  perform 
the 
any 
Management  Board,  in  accordance  with 
the tetter's rules of procedure. 

task  entrusted 

it  by 

Board 

to 

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Article  10 
Director 

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1.  The  Centre  shall  be  headed  by  a 
Director  appointed  by  the  Management 
the 
Board  on  a  proposal 
r  Commission  for  a  period  of  four  years, 

from 

which shall be renewable. 

2.  The  Director  shall  be  responsible 
for: 

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JS~ 

(a)  performance  of the tasks referred  to 

in Article 2(2); 

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(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. 

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. 

Unchanged 

Unchanged 

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

the 

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 
its 
Committee  charged  with  giving 
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 to 
the Management Board. 

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 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 

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

lç 

i 

; 

~ 

j 

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

Unchanged 

/ 

i 

.

.

.

.

.. 

- 

. 

. .. 

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& 

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° 

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 

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  the  powers  devolved  to  the 
appointing authority 

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

13 
A*ic}e 
Budget 
1  Estimates  shall  be  drawn , up  of  all 
the Centre's revenue and expenditure for 
each 
shall 
financial  year,  which 
correspond  to  the  calendar  year,  and 
shall be entered in the Centre's budget. 

for 

2  By  15  February  each  year  at  the 
latest,  the  Director  shall  draw  up  the 
premiminary  draft  budget 
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 
m the budget shall be m balance. 

Unchanged 

i% 

Unchanged 

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Unchanged 

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

(a)  subsidy 

from 

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

(b  payments 
rendered; 

received 

for 

services 

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

5.  The  Centre's  expenditure 
shall 
include staff remuneration, administrative 
and  infrastructure  expenses,  operating 
to 
costs  and  expenditure 
contracts  concluded  with  institutions  or 
bodies  party  to  Raxen  and  with  third 
parties. 

relating 

this  basis, 
determine 

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

it  places  before 

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

j 
| 

j  8.  The  Director  shall  implement  the 
I  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. 

| 

/? 

j 

_____ 

. 
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 

the  Commission  and 

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

arrangements 
implementing 

the 
specifying 

the 
and 

-

Unchanged 

Unchanged 

Unchanged 

New Article 13a 

The  translation  service  required  by  the 
operation of the Centre shall be provided 
by  the  Translation  Centre  for  bodies  of 
the  European  Union  established  by 
Regulation (EC)No2965/94 

Article 14 
Privileges and  immunities 

_ 

Unchanged 

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

the 

of 

Article 15 
Liability 

Unchanged 

1  The  contractual 
the 
Centre  shall  be  governed  by  the  law 
applicable to the contract in question. 

liability  of 

The  Court  of  Justice 
shall  have 
jurisdiction  pursuant  to  an  arbitration 
clause contained in a contract concluded 
by the Centre. 

: 

I 

/9 

Unchanged 

In 

2 
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. 

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

Article 16 
Reporting arrangements 

Unchanged 

shall 

force  of 

this  Regulation, 
to 
forward 

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

Article 17 
Entry into force 

Unchanged 

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 

oOO 

ISSN 0254-1475 

COM(97) 201 final 

DOCUMENTS 

EN 

01  05  06  16 

Catalogue number  :  CB-CO-97-185-EN-C 

ISBN 92-78-19388-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

£/