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 for Racism and Xenophobia, close cooperation between the Centre and the Council of Europe
Date: 1998-05-04
Institutions: European Commission
Subjects: EU office or agency, antisemitism, exchange of information, racism, xenophobia

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.05.1998 
COM(1998) 255  final 

98/0143(CNS) 

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. 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

On  2  June  1997,  the  Council  adopted  Regulation  (EC)  No  1035/97  establishing  a 
European  Monitoring  Centre  on  Racism  and  Xenophobia  (hereinafter  referred  to as  "the 
Regulation").  Article  7(3)  of  the  Regulation  provides  in  particular  that  the  Centre  shall 
coordinate  its  activities  with  those  of  the  Council  of  Europe  and  that,  to  this  end,  the 
Community  shall, in accordance with the procedure provided  for  in Article 228 of the EC 
Treaty,  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. 

At  the  time  of  adoption  of  the  Regulation,  the  Council  approved  the  directives 
authorising  the Commission  to negotiate  with  the Council  of Europe in order to conclude 
the agreement  referred  to in Article 7(3) of the  Regulation. 

In  a  letter  dated  23  June  1997,  the  Commission  submitted  a  draft  agreement  to  the 
Secretariat-General  of the Council of Europe. 

Negotiations  between  the  Commission  and  the  Secretariat-General  of  the  Council  of 
Europe took place on 2 October and 4 December  1997. 

The results of the negotiations  were notified  by the Secretariat-General  of the Council  of 
Europe  to the Committee  of  Deputies and  were approved  by the latter during  its  meeting 
held on  18 December  1997. 

The Commission  considers  that  the  terms  of  the  draft  agreement  are  consistent  with  the 
Council's  negotiating directives and are in keeping  with the Community's  interests. 

Accordingly,  the  Commission  recommends  that  the  Council  decide  to  approve  the 
attached  proposal  for  a  Decision  concerning  the  conclusion  by  the  Community  of  an 
agreement  between  the  Community  and  the  Council  of  Europe,  the  text  of  which  is 
annexed  hereto. 

J 

Propona!  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  (ICC)  No  1035/97  of  2.lune  1997  establishing  a  European  Monitoring 
Centre  on  Racism  and  Xenophobia,  close  cooperation  between  the  Centre  and  the 
Council  of Europe. 

of 

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, 

I laving regard to the proposal  from the Commission, 

Having regard to the opinion of 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. 

I las decided as follows: 

Article I 

The agreement  between  the  European  Community  and the  Council  of  Europe  provided 
for  by  Article  7(3)  of  Council  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. 

Done at Brussels, 

For the Council 

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, under way 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. 

r 

HI 

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

X.  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. 

For the European Community 

For the Council of Europe 

ISSN 0254-1475 

COM(98) 255  final 

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