Proposal for a Council Decision empowering the European Union Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union {SEC(2005)849}
Date: 2005-06-30
Institutions: European Commission
Subjects: EU office or agency, budget, fundamental rights, human rights, operation of the Institutions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.06.2005 
COM(2005) 280 final 

2005/0124 (CNS) 
2005/0125 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a European Union Agency for Fundamental Rights 

Proposal for a 

COUNCIL DECISION 

empowering the European Union Agency for Fundamental Rights to pursue its activities 
in areas referred to in Title VI of the Treaty on European Union 

{SEC(2005)849} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSALS 

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•  Grounds for and objectives of the proposals 

Respect  for  and  promotion  of  fundamental  rights  are  founding  principles  and  major 
objectives of the European Union and its Member States. Fundamental rights are general 
principles  of  Community  law  and  accordingly  amenable  to  judicial  control.  Their 
importance was highlighted by the proclamation of the Charter of Fundamental Rights of 
the  European  Union  in  2000.  Securing  fundamental  rights  depends  on  appropriate 
governance mechanisms to ensure that they are taken fully into account in policy setting 
and  decision-making  in  the  Union.  Not  only  an  adequate  legislative  framework  but  also 
appropriate structures and adequate resource allocations are needed for that purpose 

On  13  December  2003,  the  Representatives  of  the  Member  States  meeting  within  the 
European  Council, stressing  the  importance  of  human  rights  data  collection and analysis 
with  a  view  to  defining  Union  policy  in  this  field,  agreed  to  build  upon  the  existing 
European  Monitoring  Centre  on  Racism  and  Xenophobia  (EUMC)  and  to  extend  its 
mandate  to become a Human  Rights Agency to that effect. The Commission agreed and 
indicated  its  intention  of  submitting  a  proposal  to  amend  Council  Regulation  (EC)  No 
1035/97 of 2 June 1997 establishing the EUMC in that respect. 

The idea of a Human Rights Agency is included in the Hague Programme; strengthening 
freedom, security and justice in the European Union, adopted on 4-5 November 2004. On 
16-17  December  2004,  the  European  Council  called  for  further  implementation  of  the 
agreement  to  establish  an  EU  Human  Rights  Agency,  which  will  play  a  major  role  in 
enhancing the coherence and consistency of the EU human rights policy. According to the 
Strategic  objectives  2005-2009,  Europe  2010:  A  Partnership  for  European  Renewal  - 
Prosperity,  Solidarity  and  Security  adopted  by  the  Commission  on  26  January  2005,  the 
protection  of  fundamental  rights  must  be  put  at  the  forefront  of  European  action  by 
establishing a European Agency of Fundamental Rights. 

The  European  Parliament  called  on  the  Commission  to  submit  a  legislative  proposal 
concerning the Agency in its Report on Promotion and protection of fundamental rights: 
the role of national and European institutions, including the Fundamental Rights Agency, 
adopted on 26 May 2005. 

The  objective  of  the  proposal  is  to  extend  the  mandate  of  the  EUMC  and  to  establish  a 
European Union Agency for Fundamental Rights. It will establish a centre of expertise on 
fundamental rights issues at the EU level. Establishing an Agency will make the Charter 
more tangible, and the close relation to the Charter is reflected in the Agency’s name. 

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•  General context 

The  decision  to  extend  the  mandate  of  the  EUMC  to  become  a  Fundamental  Rights 
Agency  is  in  line  with  the  specific  commitments  of  the  Union  to  respect  and  strengthen 
fundamental rights, as laid down in Articles 2, 6 and 7 of the Treaty on European Union.  

The establishment of the Agency continues the policy begun with the objectives given to 

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the  EUMC,  which  already  has  the  task  of  giving  the Union institutions  and the Member 
States the means of fulfilling their obligation to respect fundamental rights in drawing up 
and  implementing  Union  policies.  To  that  end,  the  main  task  of  the  EUMC  is  to  collect 
and analyse data on racism and xenophobia and study the causes.  

When  taking  office,  the  current  Commission  undertook  to  promote  full  respect  for 
fundamental rights and to launch the European Agency on Fundamental Rights as soon as 
possible. The initiative was included in the Commission Work Programme for 2005. 

For  legal  reasons  the  Commission  is  presenting  two  separate  proposals  concerning  the 
establishment of Agency, one for a Regulation under the Treaty establishing the European 
Community  and  a  second for a Decision under the Treaty on European Union to entrust 
the Agency with tasks in areas referred to in Title VI TEU. This explanatory memorandum 
applies to both proposals. 

130 

•  Existing provisions in the area of the proposal 

The operation of the EUMC is currently governed by Regulation (EC) No 1035/97. This 
will be repealed by the proposed Regulation. 

The  main  difference  between  the  existing  legislation  and  the  proposals  is  that  the 
proposals extend the scope from racism and xenophobia to cover all areas of fundamental 
rights  referred  to  in  the  Charter,  without  prejudice  to  those  areas  which  are  already 
covered by operations of other Community agencies. The main tasks will remain the same 
although being defined more carefully. 

The conclusions of the 2002 assessment of the EUMC are taken into account. They require 
concentration  on  data  collection  function,  closer  cooperation  with  national  authorities, 
focusing  the  work  on  the  priorities  of  the  Union,  tightening  the  management  and 
improving efficiency. 

The proposal takes into account horizontal rules relating to financial management, access 
to documents and Community agencies.  

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•  Consistency with other Union policies and objectives 

All Union policies are required to respect fundamental rights. By providing expertise and 
assistance  in  fundamental  rights,  the  Agency  will  improve  the  quality  of  other  Union 
policies. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211  Consultation methods, main sectors targeted and general profile of respondents 

The  Commission  issued  a  Communication  on  the  Fundamental  Rights  Agency  on 
25 October 2004, thereby launching a public consultation on the remit, rights and thematic 
areas,  tasks  and  structure  of  an  agency.  The  consultation  was  in  two  parts  –  written 
consultation and a public hearing. 

The  written  consultation  was  opened  by  posting  the  Communication  on  the  Freedom, 

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Security and Justice website with a deadline of 17 December 2004 for contributions to be 
sent  by  e-mail.  One  hundred  responses  were  received.  The  contributors  included  ten 
Member States, European and international bodies, national bodies for human rights, and 
equal  opportunities,  members  of  academia,  private  citizens  and  almost  60  non-
governmental organisations.  

The public hearing took place on 25 January 2005. There were more than 200 registered 
participants, representing the above-mentioned stakeholders.  

All documents relating to the consultation, including the written replies, a report analysing 
them as well as a report on the hearing were posted on the Freedom, Security and Justice 
website and are accessible at 

http://europa.eu.int/comm/justice_home/news/consulting_public/fundamental_rights_agen
cy/index_en.htm 

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Summary of replies and how they have been taken into account 

The  principle  of  establishing  an  Agency  was  welcomed  unanimously.  The  need  for  the 
Agency  to  be  independent  from  EU  institutions,  Member  States  and  NGOs  was  also 
unanimously  stressed.  Most  contributors  emphasized  the  need  to  avoid  duplication  with 
work  already  carried  out  at  national  and  international  level.  Synergy  should  be  the 
principle  on  which  the  Agency  builds  its  relations  with  other  bodies,  not  least  with  the 
Council of Europe.  

There  was  a  broad  consensus  in  considering  that  the  Charter  should  be  the  point  of 
reference for the mandate of the Agency. Stakeholders also requested that the fight against 
racism and xenophobia remain at the core of the future Agency's activities. As regards the 
Agency's  geographic  scope,  there  was  a  certain  consensus  that  it  should  focus  on  the 
Union  and  its  Member  States.  However,  quite  a  number  of  stakeholders  made  other 
proposals, such as the extension of the Agency's remit as regards candidate countries.  

The issue of the possible competence of the Agency with respect to Article 7 TEU was the 
subject  of  divergent  views:  while  Member  States  were  in  general  very  prudent  on  this 
issue, NGOs wished the Agency to play a strong role in this respect.  

Many  useful  suggestions  were  made  as  to  the  tasks  of  the  Agency:  collection  of  data; 
processing  data  with  a  view  to  reinforcing  its  comparability  from  one  Member  State  to 
another;  analysis  of  the  data  obtained;  preparing  reports,  opinions  and  possibly 
recommendations;  networking;  and  proactively  promoting  fundamental  rights  by  raising 
public awareness, disseminating the results of its work and preparing educational material. 

This proposal takes on board those issues mentioned above, on which there was a broad 
consensus.  

•  Collection and use of expertise 

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There was no need for external expertise. 

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230 

•  Impact assessment 

The  impact  assessment  studied  five  possible  policy  options  to  achieve  the  policy 
objectives. It found that the 'Status quo' option would fail to give the due importance to 
the  Charter  and  would  not  address  the  problems  of  the  current  situation,  which  are 
explained in detail in the assessment report.  

Two  options  included  only  observation  functions:  a  'Focused  Observation  Agency' 
would  collect  information  on  fundamental  rights  in  a  limited  number  of  thematic  areas 
having  strongest  links  to  EU  policies.  The  remit  would  be  ‘technical  assistance’.  A 
'General Observation Agency' would be broadly similar but would cover more thematic 
areas.  These  options  would  address  the  problems  in  the  current  situation  but  only  to  a 
limited extent. In the first one, the impact on improving data quality would be marginal. 
The  second  would  be  inefficient  and  face  the  risk  of  spreading  resources  too  thinly.  It 
would duplicate the work of other international, European and national organisations. The 
opinions  expressed  in  the  public  consultation  were  divided  on  the  effectiveness  of  these 
options. The focus on racism and xenophobia could be diluted in the second case. 

In  the  'Widest  Possible  Observation  and  Assessment  Agency'  option,  the  Agency 
would  observe  fundamental  rights  both  within  and  outside  the  Union  policy  framework, 
also for the purposes of Article 7 TEU. It would be a very effective option as a means of 
achieving  policy  objectives.  However,  the  legal  limits  of  Community  powers  must  be 
taken into account. Second, the option would entail a very heavy financial commitment. It 
would  also  risk  being  overburdened  with  work  because  of  its  wide  scope  and  would 
duplicate  the  work  of  other  institutions.  The  focus  on  racism  and  xenophobia  could  be 
diluted. In the light of the public consultation such a mandate could cause friction between 
the EU and the Member States and international organisations. 

These  considerations  point  to  the  'Focused  Observation  and  Assessment  Agency  on 
Union policies' option as the preferred way to achieve the policy objectives and address 
the problems identified. It is an effective option as a means of achieving the objectives but 
it  entails  only  a  medium  financial  cost  and  has  a  considerable  degree  of  political 
acceptability.  Under  this  option,  the  Agency’s  mandate  would  be  open  to  collecting  and 
analysing data on fundamental rights with reference to, in principle, all rights listed in the 
Charter,  but  the  thematic  areas  within  the  scope  of  Union  law  would  periodically  be 
defined for the Agency’s actions.  

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The  Commission  carried  out  an  impact  assessment  listed  in  the  Work  Programme.  The 
report is accessible at 

http://europa.eu.int/comm/justice_home/news/consulting_public/fundamental_rights_agen
cy/index_en.htm. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The Charter is the point of reference for the Agency’s mandate. The Agency is to pursue 
its  activities  within  the  competencies  of  the  Community  under  the  Regulation,  but  the 
scope is extended to matters relating to police and judicial cooperation in criminal matters 

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with the parallel Council Decision. 

The  Agency  deals  with  fundamental  rights  in  the  Union  and  the  Member  States  when 
implementing  Union  law  and  in  those  candidate  countries  and  potential  candidate 
countries  which  participate  in  the  Agency.  In  addition,  the  Commission  may  ask  the 
Agency to submit information and analysis on third countries with which the Community 
has  concluded  association  agreements  or  agreements  containing  provisions  on  respect  of 
human rights, or has opened or is planning to open negotiations for such agreements. 

The  objective  of  the  Agency  is  to  provide  the  relevant  institutions,  bodies,  offices  and 
agencies  of  the  Community  and  its  Member  States  when  implementing  Community  law 
with assistance and expertise relating to fundamental rights in order to support them when 
they  take  measures  or  formulate  courses  of  action  within  their  respective  spheres  of 
competence  to  fully  respect  fundamental  rights.  The  thematic  areas  of  activity  will  be 
defined  through  a  Multiannual  Framework  determined  by  an  implementing  regulation 
involving  the  politically  accountable  Community  institutions,  thus  setting  limits  for  the 
Agency’s work. This is in the interest of efficiency and takes into account the strict limits 
of  the  discretion  enjoyed  by  Community  agencies,  which  are  to  perform  technical  tasks 
and not set their own political agendas. Within these thematic areas, the Agency will, in 
complete independence, collect and assess data on the practical impact of Union measures 
on  fundamental  rights  and  on  good  practices  in  respecting  and  promoting  fundamental 
rights,  express  opinions  on  fundamental  rights  policy  developments  and  raise  public 
awareness  and  promote  dialogue  with  civil  society,  and  coordinate  and  network  with 
various actors in the field of fundamental rights. It is to be underlined that the Agency has 
no complaint resolution mechanism. 

The Council may exploit the expertise of the Agency if it finds it useful when acting on a 
proposal  by  one  third  of  the  Member  States,  by  the  European  Parliament  or  by  the 
Commission  during  the  procedure  under  Article  7  TEU.  The  Agency  will  not,  however, 
carry out systematic and permanent monitoring of the Member States for the purposes of 
Article 7. 

The  Agency  will  complement  the  existing  international,  European  and  national 
mechanisms for monitoring fundamental rights. It aims to collaborate closely with relevant 
organisations  and  bodies  in  order  to  gain  synergies,  as  presented  in  Chapter  7  of  the 
Impact  Assessment  Report.  The  work  on  statistics  will  be  in  line  with  the  actions 
developed in the context of the Community Statistical Programme. In order to cooperate 
and  to  avoid  any  overlapping,  the  Agency  will  build  close  institutional  relationship  with 
the Council of Europe and the relevant Community agencies and Union bodies, especially 
with  the  European  Institute  for  Gender  Equality,  concerning  which  the  Commission 
presented  a  proposal  on  8  March  2005.  Mutual  respect  for  competences  and  adequate 
synergies  between  these  bodies  will  be  guaranteed,  particularly  by  provisions  in  the 
Multiannual Framework  

The  proposal  takes  into  account  the  guidelines  established  in  the  draft  Interinstitutional 
Agreement on the operating framework for the European regulatory agencies, adopted by 
the Commission on 25 February 2005. Nevertheless, given the independence and specific 
functions of this EU Agency, the need to ensure continuity with the EUMC upon which it 
builds and for the benefit of synergies with the Council of Europe and with national bodies 
in  charge  of  monitoring  the  fundamental  rights  bodies,  the  proposal  concludes  keeping 
would preserve the exceptional structure of the current EUMC as regards the Management 

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Board. The presence of one independent expert appointed by each Member State, by the 
Council  of  Europe  and  by  the  European  Parliament  is  accordingly  maintained.  This 
formula  appropriately  ensures  independence  both  from  the  Community  institutions  and 
from  the  Member  States’  governments,  which  is  corollary  to  the  particular  functions  of 
this  Agency  in  the  field  of  fundamental  rights,  and  assembles  broad  expertise  in 
Community policies and the Council of Europe’s perspective. Since the member appointed 
by  the  European  Parliament  must  also  be  independent  from  the  Parliament  and  entirely 
unaffiliated  to  it,  participation  of  that  member  in  the  Agency’s  management  is  not 
incompatible  with  the  Parliament’s  budgetary  control  function.  The  voting  rights  of  the 
member appointed by the Council of Europe are limited in such a way as not to interfere 
with the principle of institutional autonomy of a Community body. 

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•  Legal basis 

The legal basis for the proposed Regulation is Article 308 TEC. It is a general objective of 
the  Community  to  ensure  that  its  own  action  fully  respects  fundamental  rights.  The 
Agency's  establishment  will  further  that  objective,  without  there  being  specific  powers 
provided for in the Treaty to that end. 

The appropriate legal basis for the proposal for a Council Decision entrusting the Agency 
with tasks in the area referred to in Title VI TEU is Articles 30, 31 and 34 TEU.  

320 

•  Subsidiarity principle 

The subsidiarity principle applies insofar as the proposal does not fall under the exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for 
the following reason: 

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The  Agency's  main  activities  will  be  the  Union-wide  collection  and  analysis  of 
information,  opinions  and  the  dissemination  of  information,  helping  the  Union  itself  to 
fully respect fundamental rights in its action. It is the corollary of the genuinely European 
dimension of these tasks that the objectives of the Agency cannot be sufficiently achieved 
by the Member States. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reasons: 

The Agency will have to apply a uniform system governing the collection and analysis of 
information that ensures the compatibility and comparability of that data and thus allows a 
methodologically sound comparative scrutiny of the situation in European level. This can 
be achieved successfully only by action at EU level. 

325  By acting at European level, the Agency is designed to provide information, which enable 
the effectiveness of policies within and between the Member States to be assessed and thus 
adds value in terms of devising and targeting policies. 

327 

The  scope  of  the  proposal  is  confined  to  where  the  objectives  cannot  be  satisfactorily 
achieved only the Member States. 

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The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

331  Building  upon  the  existing  body  will  make  it  possible  to  exploit  existing  expertise  and 

experience and thus achieve the objectives in the most proportionate way. 

332  According  to  the  impact  assessment,  the  policy  option  chosen  for  the  creation  of  the 
Agency  will  give  good  "value  for  money"  for  the  allocation  of  proposed  resources 
considering the objective of the work of the Agency – the ideal condition where the rights 
of all EU citizens and residents are respected. 

•  Choice of instruments 

341 

Proposed instruments: regulation, decision. 

342  Other means would not be adequate for the following reasons: 

A Regulation is the appropriate legal instrument for establishing a Community agency.  

The most appropriate legal instrument to empower the Agency to pursue activities in the 
areas referred to in Title VI of the TEU is a Council Decision. 

4)  BUDGETARY IMPLICATION 

The  EUMC  has  an  annual  budget  of  €8.2  million  and  a  staff  of  37.  It  is  proposed  that 
Agency  become  operational  on  1  January  2007,  with  a  mandate  that  is  extended 
considerably. History shows that establishment of an Agency takes between two and three 
years, and it is expected that a major extension will require the same period of time. It is 
therefore  proposed  to  have  a  growing  budget  for  the  period  2007-13  in  order  to  take 
account  of  the  inevitable  transition  period.  Indicative  financial  planning  is  as  follows: 
Budget 2007: €16 million; 2008: €20 million; 2009: €21 million; 2010: €23 million; 2011: 
€26 million; 2012: €28 million; 2013: €29 million. Total staffing of 100 is proposed. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

It replaces Regulation (EC) No 1035/97, as already amended by Council Regulation (EC) No 
1652/2003. Replacing that Regulation will simplify the legislation and improve its clarity. 

•  Repeal of existing legislation 

The adoption of the proposal will entail the repeal of existing legislation. 

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510 

511 

512 

520 

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•  Review/revision/sunset clause 

531 

The proposal includes a review clause. 

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2005/0124 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a European Union Agency for Fundamental Rights 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
308 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 European Economic and Social Committee3, 

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

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 
5 
6 

The  European  Union  is  founded  on  the  principles  of  liberty,  democracy,  respect  for 
human  rights  and  fundamental  freedoms,  and  the  rule  of  law,  which  are  common 
values to the Member States. 

The  Charter  of  Fundamental  Rights  of  the  European  Union5  reaffirms  the  rights  as 
they  result,  in  particular,  from  the  constitutional  traditions  and  international 
obligations  common  to  the  Member  States,  the  Treaty  on  European  Union,  the 
Community  Treaties,  the  European  Convention  for  the  Protection  of  Human  Rights 
and Fundamental Freedoms6, the social charters adopted by the Community and by the 
Council  of  Europe  and  the  case  law  of  the  Court  of  Justice  of  the  European 
Communities and of the European Court of Human Rights. 

The  Community  and  its  Member  States  when  implementing  Community  law  must 
respect fundamental rights. 

A more thorough knowledge and widespread  awareness of fundamental rights issues 
in  the  Union  are  conducive  to  ensuring  full  respect  of  fundamental  rights.  It  would 
contribute to this objective to establish a Community agency whose tasks would be to 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
Proclaimed in Nice on 7 December 2000, OJ C 364, 18.12.2000, p. 1. 
Signed in Rome on 4 November1950. 

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provide  information  and  data  on  fundamental  rights  matters.  Moreover,  developing 
effective  institutions  for  the  protection  and  promotion  of  human  rights  is  a  common 
value  of 
international  and  European  communities,  as  expressed  by 
Recommendation  No  R  (97)  14  of  the  Committee  of  Ministers  of  the  Council  of 
Europe of 30 September 1997. 

the 

The  Representatives  of  the  Member  States  meeting  within  the  European  Council  on 
13 December 2003 agreed to build upon the existing European Monitoring Centre on 
Racism  and  Xenophobia  established  by  Council  Regulation  (EC)  No  1035/97  of 
2 June 19977 and to extend its mandate to make it a Human Rights Agency.  

The Commission agreed and indicated its intention of presenting a proposal to amend 
Council  Regulation  (EC)  No  1035/97  in  that  respect.  The  Commission  subsequently 
issued its Communication on the Fundamental Rights Agency of 25 October 20048, on 
the basis of which a large public consultation was carried out. 

A European Union Agency for Fundamental Rights should accordingly be established, 
building upon  the existing  European Monitoring  Centre on Racism and Xenophobia, 
to provide the relevant institutions and authorities of the Community and its Member 
States  with  information,  assistance  and  expertise  on  fundamental  rights  in  order  to 
support  them  when  they  take  measures  or  formulate  courses  of  action  within  their 
respective spheres of competence to fully respect fundamental rights. 

(5) 

(6) 

(7) 

(8)  When establishing the Agency, due attention will be paid to the operating framework 
for the European regulatory agencies proposed by the Commission in the draft Inter-
institutional Agreement9 on 25 February 2005. 

(9) 

The Agency should refer in its work to fundamental rights as defined in Article 6(2) of 
the  Treaty  on  European  Union  and  as  set  out  in  particular  in  the  Charter  of 
Fundamental  Rights.  The  close  connection  to  the  Charter  should  be  reflected  in  the 
name of the Agency. The thematic areas of activity of the Agency should be laid down 
in  the  Multiannual  Framework,  thus  defining  the  limits  of  the  work  of  the  Agency, 
which  in  accordance  with  general  institutional  principles,  should  not  set  a  political 
fundamental rights agenda of its own. 

(10)  The  Agency  should  gather  objective,  reliable  and  comparable  information  on  the 
development of the situation of fundamental rights, analyse this information for causes 
of  disrespect,  consequences  and  effects  and  examine  examples  of  good  practice  in 
dealing  with  these  matters.  Networks  are  effective  tools  for  active  information 
collection and assessment. 

(11)  The Agency should have the right to formulate opinions to the Union institutions and 
to the Member States when implementing Community law, either on its own initiative 
or at the request of the European Parliament, the Council or the Commission, without 
interference with the legislative and judicial procedures established in the Treaty. 

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8 
9 

OJ L 151, 10.6.1997, p.1. As amended by Regulation (EC) No 1652/2003, OJ L 245, 29.9.2003, p. 33. 
COM (2004)693final, 25.10.2004. 
COM (2005)59final, 25.2.2005. 

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(12)  The Council should have the possibility of requesting the Agency’s technical expertise 
in the context of proceedings commenced under Article 7 of the Treaty on European 
Union.  

(13)  The Agency should present an annual report on the situation of fundamental rights in 
the Union and the respect thereof by the EU institutions, bodies and agencies and the 
Member  States  when  implementing  Union  law.  Furthermore,  the  Agency  should 
produce thematic reports in the topics of particular importance to the Union’s policies. 

(14)  The Agency should take measures to raise the awareness of the general public about 
their  fundamental  rights,  and  about  possibilities  and  different  mechanisms  for 
enforcing them in general, without however, dealing itself with individual complaints. 

(15)  The  Agency  should  work  as  closely  as  possible  with  all  relevant  Community 
programmes, bodies and agencies and Union bodies in order to avoid duplication, in 
particular as regards the future European Institute for Gender Equality. 

(16)  The Agency should collaborate closely with the Council of Europe. Such cooperation 
should  guarantee  that  any  overlap  between  the  activities  of  the  Agency  and  those  of 
the Council of Europe is avoided, in particular  by  elaborating  mechanisms  to  ensure 
synergies,  such  as  conclusion  of  a  bilateral  cooperation  agreement  and  the 
participation  of  an  independent  person  appointed  by  the  Council  of  Europe  in  the 
management  structures  of  the  Agency  with  appropriately  defined  voting  rights  as  in 
the current EUMC. 

(17)  Given the particular functions of the Agency, each Member State should appoint one 
independent expert to the Management Board. The composition of that Board should 
ensure  the  Agency’s  independence  from  both  the  Community  institutions  and  the 
Member State’s governments, and assemble the broadest possible expertise in the field 
of fundamental rights;  

(18)  The European Parliament plays a significant role in the area of fundamental rights. It 
should appoint one independent person as a member of the Management Board of the 
Agency; 

(19)  A  consultative  Forum  should  be  established  to  ensure  the  pluralist  representation  of 
the social forces of civilian society active in the field of fundamental rights within the 
structures  of  the  Agency  with  view  to  establish  effective  cooperation  with  all 
stakeholders. 

(20)  The  Agency  should  apply  the  relevant  Community  legislation  concerning  public 
access to documents as set out in Regulation (EC) No 1049/2001 of 30 May 2001 of 
the  European  Parliament  and  of  the  Council,10  the  protection  of  individuals  with 
regard to the processing of personal data as set out in Regulation (EC) No 45/2001 of 
18 December 2000 of the European Parliament and of the Council,11 and languages, as 

10 
11 

OJ L 145, 31.5.2001, p. 43. 
OJ L 8, 12.1.2001, p. 1. 

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set  out  in  Regulation  No  1  of  15  April  195812  and  in  Council  Regulation  (EC)  No 
2965/94 of 28 November 1994.13 

(21)  Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 200214 on the 
framework  Financial  Regulation  for  the  bodies  referred  to  in  Article  185  of  Council 
Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the 
general  budget  of  the  European  Communities15  applies  to  the  Agency,  as  well  as 
Regulation (EC) No 1073/1999 of 25 May 1999 of the European Parliament and the 
Council16  concerning  investigations  conducted  by  the  European  Antifraud  Office 
(OLAF). 

(22)  The  Agency  should  have  legal  personality  and  succeed  the  European  Monitoring 
Centre  on  Racism  and  Xenophobia  as  regards  all  legal  obligations,  financial 
commitments or liabilities carried out by the Centre or agreements made by the Centre 
as  well  as  the  employment  contracts  with  the  staff  of  the  Centre.  The  seat  of  the 
Agency  should  remain  located  in  Vienna,  as  determined  by  Decision  of  the 
Representatives of the Governments of the Member States of 2 June 1997 determining 
the seat of the European Monitoring Centre on Racism and Xenophobia.17 

(23)  Since the measures needed for the implementation of this Regulation are measures of 
general  scope  within  the  meaning  of  Article  2  of  Council  Decision  1999/468/EC  of 
28 June  1999  laying  down  the  procedures  for  the  exercise  of  implementing  powers 
conferred  on  the  Commission,18  they  should  be  adopted  by  the  regulatory  procedure 
provided for in Article 5 of that Decision. 

(24)  Since the objectives of the action to be taken, namely the provision of comparable and 
reliable information and data at European level in order to assist the Union institutions 
and  the  Member  States  in  respecting  fundamental  rights,  cannot  be  sufficiently 
achieved by the Member States and can therefore, by reason of the scale and impact of 
the  proposed  action,  be  better  achieved  at  Community  level,  the  Community  may 
adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of 
the Treaty. In accordance with the principle of proportionality as set out in that Article, 
this  Regulation  does  not  go  beyond  what  is  necessary  in  order  to  achieve  those 
objectives. 

(25)  The contribution made by the Agency to ensuring full respect of fundamental rights in 
the  framework  of  Community  law  is  likely  to  help  achieve  the  Community's 
objectives.  The  Treaty  does  not  provide,  for the  adoption  of  this  Regulation,  powers 
other than those set out in Article 308. 

12 
13 

14 
15 
16 
17 
18 

OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 2003 Act of Accession. 
OJ L 314, 7.12.1994, p. 1. Regulation as last amended by Regulation (EC) No. 1645/2003, OJ L 245, 
29.9.2003, p. 13. 
OJ L 357, 21.12.2002, p. 72, with Corrigendum in OJ L 2, 7.1.2003, p. 39 
OJ L 248, 16.9.2002, p. 1. 
OJ L 136, 31.5.1999, p. 1. 
OJ C 194, 25.6.1997, p. 4. 
OJ L 184, 17.7.1999, p. 23. 

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(26)  The Council should have the possibility of adopting a Decision pursuant to Title VI of 
the  Treaty  on  European  Union  to  empower  the  Agency  to  pursue  its  activities  also 
with respect to areas covered by that Title. 

(27)  As Council Regulation (EC) No 1035/97 would have to be substantially amended for 
the establishment of the Agency, it should be replaced in the interests of clarity, 

HAS ADOPTED THIS REGULATION: 

CHAPTER 1 

SUBJECT MATTER, OBJECTIVE, SCOPE, TASKS AND AREAS OF ACTIVITY 

Article 1 

Subject matter 

A European Union Agency for Fundamental Rights (”the Agency”) is hereby established. 

Article 2 

Objective 

The objective of the Agency shall be to provide the relevant institutions, bodies, offices and 
agencies of the Community and its Member States when implementing Community law with 
assistance  and  expertise  relating  to  fundamental  rights  in  order  to  support  them  when  they 
take measures or formulate courses of action within their respective spheres of competence to 
fully respect fundamental rights. 

Article 3 

Scope 

1. The Agency shall carry out its tasks for the purpose of meeting the objective set in Article 2 
within  the  competencies  of  the  Community  as  laid  down  in  the  Treaty  establishing  the 
European Community. 

2. The Agency shall refer in carrying out its tasks to fundamental rights as defined in Article 
6(2)  of  the  Treaty  on  European  Union  and  as  set  out  in  particular  in  the  Charter  of 
Fundamental Rights of the European Union as proclaimed in Nice on 7 December 2000. 

3.  When  pursuing  its  activities,  the  Agency  shall  concern  itself  with  the  situation  of 
fundamental  rights  in  the  European  Union  and  in  its  Member  States  when  implementing 
Community law, without prejudice to paragraph 4 and to Articles 4(1)(e), 27 and 28. 

4.  Without  prejudice  to  Article  27,  the  Agency  shall,  at  the  request  of  the  Commission, 
provide  information  and  analysis  on  fundamental  rights  issues  identified  in  the  request  as 
regards third countries with which the Community has concluded association agreements or 

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agreements containing provisions on respect of human rights, or has opened or is planning to 
open  negotiations  for  such  agreements,  in  particular  countries  covered  by  the  European 
Neighbourhood Policy. 

Article 4 

Tasks 

1. To meet the objective set in Article 2, the Agency shall: 

(a)  collect,  record,  analyse  and  disseminate  relevant,  objective,  reliable  and  comparable 
information and data, including results from research and monitoring communicated to it by 
Member  States,  Union  institutions,  Community  agencies,  research  centres,  national  bodies, 
non-governmental organisations, relevant third countries and international organisations; 

(b)  develop  methods  to  improve  the  comparability,  objectivity  and  reliability  of  data  at 
European level, in cooperation with the Commission and the Member States; 

(c) carry out, cooperate with or encourage scientific research and surveys, preparatory studies 
and  feasibility  studies,  also,  where  appropriate  and  compatible  with  its  priorities  and  its 
annual  work  programme,  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) formulate conclusions and opinions on general subjects, for the Union institutions and the 
Member  States  when  implementing  Community  law,  either  on  its  own  initiative  or  at  the 
request of the European Parliament, the Council or the Commission; 

(e)  make  its  technical  expertise  available  to  the  Council,  where  the  Council,  pursuant  to 
Article 7(1) of the Treaty on European Union, calls on independent persons to submit a report 
on the situation in a Member State or where it receives a proposal pursuant  to  Article 7(2), 
and  where  the  Council,  acting  in  accordance  with  the  procedure  set  out  in  these  respective 
paragraphs  of  Article  7  of  the  Treaty  on  European  Union,  has  requested  such  technical 
expertise from the Agency; 

(f) publish an annual report on the situation of fundamental rights, also highlighting examples 
of good practice; 

(g) publish thematic reports based on its analysis, research and surveys; 

(h) publish an annual report on its activities; 

(i) enhance cooperation between civil society, including non-governmental organisations, the 
social partners, research centres and representatives of competent public authorities and other 
persons  or  bodies  involved  in  dealing  with  fundamental  rights,  in  particular  by  networking, 
promoting  dialogue  at  European  level  and  participating  where  appropriate  in  discussions  or 
meetings at national level; 

(j) organise,  with  relevant stakeholders, conferences, campaigns, round tables, seminars and 
meetings at European level to promote and disseminate its work; and 

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(k) develop a communication strategy aimed at raising the awareness of the general public, set 
up  documentation  resources  accessible  to  the  public  and  prepare  educational  material, 
promoting cooperation and avoiding duplication with other sources of information. 

2.  The  conclusions,  opinions  and  reports  formulated  by  the  Agency  when  carrying  out  the 
tasks mentioned in paragraph 1 shall not concern questions of the legality of proposals from 
the  Commission  under  Article  250  of  the  Treaty,  positions  taken  by  the  institutions  in  the 
course of legislative procedures or the legality of acts within the meaning of Article 230 of the 
Treaty. They shall not deal with the question whether a Member State has failed to fulfil an 
obligation under the Treaty within the meaning of Article 226 of the Treaty.  

Article 5 

Areas of activity  

1. The Commission shall adopt a Multiannual Framework for the Agency in accordance with 
the regulatory procedure referred to in Article 29(2). The Framework shall:  

(a) cover five years; 

(b) determine the thematic areas of the Agency’s activity, always including the fight against 
racism and xenophobia; 

(c) be in line with the Union priorities as defined in the Commission’s strategic objectives; 

(d) have due regard to the Agency’s financial and human resources; and 

(e)  include  provisions  with  a  view  to  avoiding  thematic  overlap  with  the  remit  of  other 
Community bodies, offices and agencies. 

2.  The  Agency  shall  carry  out  its  tasks  within  the  thematic  areas  determined  by  the 
Multiannual Framework. This shall be without prejudice to the possibility for the Agency to 
respond  to  requests  from  the  European  Parliament,  the  Council  or  the  Commission  under 
Articles 3(4), 4(1)(d) and (e) outside these thematic areas, provided its financial and human 
resources so permit. 

3. The Agency shall carry out its tasks in the light of its Annual Work Programme and with 
due regard to the available financial and human resources. 

4. The Annual Work Programme, adopted in accordance with Article 11(4)(a), shall be in line 
with the Commission’s annual work programme, including its research work and its actions 
on statistics undertaken in the context of the Community Statistical Programme. 

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CHAPTER 2 

WORKING METHODS AND COOPERATION 

Article 6 

Working methods 

1. The Agency shall set up and coordinate the necessary information networks. They shall be 
designed  so  as  to  ensure  the  provision  of  objective,  reliable  and  comparable  information, 
drawing on the expertise of a variety of organizations and bodies in each Member State and 
taking account of the need to involve national authorities in the collection of data. 

2. In pursuing its activities, the Agency shall, in order to avoid duplication and guarantee the 
best possible use of resources, take account of existing information from whatever source, and 
in particular of activities already carried out by  

(a) Community institutions, bodies, offices and agencies; 

(b) institutions, bodies, offices and agencies of the Member States; and 

(c) the Council of Europe and other international organisations. 

3. The Agency may enter into contractual relations, in particular subcontracting arrangements, 
with other organisations, in order to accomplish any tasks which it may entrust to them. The 
Agency  may  also  award  grants  to  promote  appropriate  cooperation  and  joint  ventures,  in 
particular to national, European and international organizations referred to in Articles 8 and 9. 

Article 7 

Relations with relevant Community bodies, offices and agencies 

The  Agency  shall  ensure  appropriate  coordination  with  relevant  Community  bodies,  offices 
and agencies. The terms of the cooperation shall be laid down in memoranda of understanding 
where appropriate. 

Article 8 

Cooperation with organisations at Member State and European level 

1.  To  help  it  carry  out  its  tasks,  the  Agency  shall  cooperate  with  governmental  and  non-
governmental  organisations  and  bodies  competent  in  the  field  of  fundamental  rights  at  the 
Member State or at European level. 

2.  The  administrative  arrangements  for  the  cooperation  provided  for  by  paragraph  1  shall 
comply with Community law and shall be adopted by the Management Board on the basis of 
the draft submitted by the Director after the Commission has delivered an opinion. Where the 

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Commission  expresses  its  disagreement  with  these  arrangements,  the  Management  Board 
shall re-examine and adopt them, with amendments where necessary, by a two-thirds majority 
of all members 

Article 9 

Cooperation with the Council of Europe 

The  Agency  shall  coordinate  its  activities  with  those  of  the  Council  of  Europe,  particularly 
with regard to its Annual Work Programme pursuant to Article 5. To this end, the Community 
shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into an 
agreement  with  the  Council  of  Europe  for  the  purpose  of  establishing  close  cooperation 
between the latter and the Agency. This agreement shall include the obligation of the Council 
of  Europe  to  appoint  an  independent  person  to  sit  on  the  Agency’s  Management  Board,  in 
accordance with Article 11. 

CHAPTER 3 

ORGANISATION 

Article 10 

Bodies of the Agency 

Article 11 

Management Board 

The Agency shall comprise: 

(a) a management board; 

(b) an executive board; 

(c) a director; 

(d) a forum. 

1. The Management Board shall be composed of persons with appropriate experience in the 
field of fundamental rights and the management of public sector organisations, as follows: 

(a) one independent person appointed by each Member State; 

(b) one independent person appointed by the European Parliament;  

(c) one independent person appointed by the Council of Europe; and 

(d) two representatives of the Commission. 

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The persons referred to in point (a) shall be persons: 

–  with high level responsibilities in the management of an independent national human rights 

institution; or,  

–  with thorough expertise in the field of fundamental rights gathered in the context of other 

independent institutions or bodies. 

Each member of the Management Board may be represented by an alternate member meeting 
the above requirements. 

The list of the members of the Board shall be made public and shall be updated by the Agency 
on its web site. 

2. The term of office of the members of the Management Board appointed shall be five years. 
It may be renewed once. 

However,  where  a  member  no  longer  meets  the  criteria  by  reason  of  which  he  or  she  was 
appointed, he or she shall forthwith inform the Commission and the Director of the Agency. 
The party concerned shall appoint a new member for the remaining term of the office. 

3.  The  Management  Board  shall  elect  its  Chairperson  and  Vice-Chairperson  to  serve  for  a 
two-and-a-half year term, which may be renewed once. 

Each member of the Management Board, or, in his or her absence, his or her alternate shall 
have one vote. 

4. The Management Board shall ensure that the Agency performs the tasks entrusted to it. It 
shall be the Agency’s planning and monitoring body. In particular, it shall: 

(a)  adopt  the  Agency's  Annual  Work  Programme  on  the  basis  of  a  draft  submitted  by  the 
Agency’s Director after the Commission has delivered an opinion. It shall be in accordance 
with  the  available  financial  and  human  resources.  The  Annual  Work  Programme  shall  be 
transmitted to the European Parliament, the Council and the Commission; 

(b) adopt the annual reports referred to in Article 4(1)(f) and (h), comparing, in particular, the 
results  achieved  with  the  objectives  of  the  annual  work  programme;  these  reports  shall  be 
transmitted not later than 15 June to the European Parliament, the Council, the Commission, 
the Court of Auditors, the European Economic and Social Committee and the Committee of 
the Regions;  

(c) appoint and, if necessary, dismiss the Agency’s Director; 

(d) adopt the Agency’s annual draft and final budgets; 

(e) exercise disciplinary authority over the Director; 

(f) draw up an annual estimate of expenditure and revenue for the Agency and send it to the 
Commission, in accordance with Article 19(5); 

(g)  adopt  the  Agency’s  rules  of  procedure  on  the  basis  of  a  draft  submitted  by  the  Director 
after the Commission has delivered an opinion; 

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(h) adopt the financial rules applicable to the Agency on the basis of a draft submitted by the 
Director after the Commission has delivered an opinion, in accordance with Article 20(11);  

(i)  adopt  the  necessary  measures  to  implement  the  Staff  Regulations  of  Officials  of  the 
European Communities and the Conditions of Employment of Other Servants of the European 
Communities, in accordance with Article 23(3); and 

(j)  adopt  the  procedures  for  applying  Regulation  (EC)  No  1049/2001  of  the  European 
Parliament and of the Council, in accordance with Article 16(2). 

5.  The  Management  Board  may  delegate  any  of  its  responsibilities  to  the  Executive  Board, 
except for the matters referred to in points (a), (b), (c), (d), (g) and (h) of paragraph 4. 

6. Decisions by the Management Board shall be taken by a simple majority of the votes cast, 
except as regards the decisions referred to in points (a), (c), (d) and (e) of paragraph 4, where 
a two-thirds majority of all members shall be required. The Chairperson shall have the casting 
vote. The person appointed by the Council of Europe may vote only on decisions referred to 
in points (a) and (b) of paragraph 4. 

7. The Chairperson shall convene the Board once a year, without prejudice to extraordinary 
supplementary meetings. The Chairperson shall convene extraordinary meetings on his or her 
own initiative or at the request of at least one third of the members of the Management Board. 

8.  The  Director  of  the  European  Institute  for  Gender  Equality  may  attend  meetings  of  the 
Management Board as an observer. The Directors of other relevant Community agencies and 
Union bodies may also attend as observers when invited by the Executive Board. 

Article 12 

Executive Board 

1.  The  Management  Board  shall  be  assisted  by  an  Executive  Board.  The  Executive  Board 
shall be made up of the Chairperson and the Vice-Chairperson of the Management Board and 
two Commission representatives.  

2. The Executive Board shall be convened by the Chairperson whenever necessary to prepare 
the decisions of the Management Board and to assist and advise the Director. It shall adopt its 
decisions by simple majority. 

3. The Director shall take part in the meetings of the Executive Board, without voting rights. 

Article 13 

Director 

1.  The  Agency  shall  be  headed  by  a  Director,  appointed  by  the  Management  Board  on  the 
basis of a list of candidates proposed by the Commission. The Director shall be appointed on 
the basis of his or her personal merit, administrative and management skills and experience in 
the  field  of  fundamental  rights.  Before  being  appointed,  the  candidate  selected  by  the 

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Management Board may be asked to make a statement before the competent committee of the 
European Parliament and answer questions from its members. 

2. The Director's term of office shall be five years. On a proposal from the Commission and 
after  evaluation,  this  may  be  extended  once  for  a  period  of  no  more  than  five  years.  In  the 
evaluation, the Commission shall assess in particular the results achieved during the first term 
of office and the way in which they were achieved, and the Agency’s duties and requirements 
in the coming years. 

3. The Director shall be responsible for: 

(a) performance of the tasks referred to in Article 4; 

(b) preparation and implementation of the Agency's Annual Work Programme; 

(c) all staff matters, and in particular exercising powers provided for in Article 23(2); 

(d) matters of day-to-day administration; 

(e) implementation of the Agency’s budget, in accordance with Article 20; and 

(f)  implementation  of  effective  monitoring  and  evaluation  procedures  relating  to  the 
performance  of  the  Agency  against  its  objectives  according  to  professionally  recognised 
standards. The Director shall report annually to the Management Board on the results of the 
monitoring system. 

4.  The  Director  shall  be  accountable  for  the  management  of  his/her  activities  to  the 
Management Board and shall participate in its meetings without voting rights. 

5.  The  Director  may  be  dismissed  by  the  Management  Board  before  his  or  her  term  has 
expired, on the basis of a proposal from the Commission. 

Article 14 

Fundamental Rights Forum 

1.  The  Forum  shall  be  composed  of  representatives  of  non-governmental  organisations 
responsible  for  fundamental  rights  and  efforts  to  combat  racism,  xenophobia  and  anti-
Semitism,  trade  unions  and  employer’s  organisations,  relevant  social  and  professional 
organisations,  churches,  religious,  philosophical  and  non-confessional  organisations, 
universities and qualified experts and European and international bodies and organisations. 

2.  The  members  of  the  Forum  shall  be  selected  by  an  open  selection  mechanism  to  be 
determined by the Management Board. Their maximum number shall be 100. Their term of 
office shall be five years, which may be renewed once. 

3. Members of the Management Board shall not be members of the Forum, but may attend its 
meetings. 

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4.  The  Forum  shall  constitute  a  mechanism  for  the  exchange  of  information  in  relation  to 
fundamental  rights  issues  and  the  pooling  of  knowledge.  It  shall  ensure  close  cooperation 
between the Agency and relevant stakeholders.  

5. The Forum shall: 

–  make  suggestions  for  the  purpose  of  drawing  up  the  Annual  Work  Programme  to  be 

adopted under Article 11(4)(a); and 

–  give  feedback  and  suggest  follow  up  on  the  basis  of  the  annual  report  on  the  situation 

regarding fundamental rights adopted under Article 11(4)(b). 

6. The Forum shall be chaired by the Director. It shall meet annually, or at the request of the 
Management  Board.  Its  operational  procedures  shall  be  specified  in  the  Agency’s  internal 
rules and shall be made public. 

7. The Agency shall provide the technical and logistic support necessary for the Forum and 
provide a secretariat for its meetings. 

CHAPTER 4 

OPERATION 

Article 15 

Independence and public interests 

1. The Agency shall fulfil its tasks in complete independence.  

2. The members of the Management Board, the Director and the members of the Forum shall 
undertake  to  act  in  the  public  interest.  For  this  purpose,  they  shall  make  a  statement  of 
commitment. 

The  members  of  the  Management  Board  appointed  under  Article  11(1)(a),  (b)  and  (c),  the 
Director  and  the  members  of  the Forum  shall  undertake  to  act  independently.  For  this 
purpose, they shall make a statement of interests indicating either the absence of any interests 
which might be considered prejudicial to their independence or any direct or indirect interests 
which might be considered prejudicial to their independence.  

Both statements shall be made annually in writing. 

Article 16 

Access to documents 

1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council shall apply 
to documents held by the Agency. 

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2.  The  Management  Board  shall  adopt  arrangements  to  implement  Regulation  (EC)  No 
1049/2001 within six months of the commencement of the Agency’s operation. 

3.  Where  the  Agency  takes  decisions  under  Article  8  of  Regulation  (EC)  No  1049/2001,  a 
complaint may be lodged with the Ombudsman or an action may be brought in the Court of 
Justice  of  the  European  Communities,  as  provided  by  Articles  195  and  230  of  the  Treaty 
respectively. 

Article 17 

Data protection 

Regulation (EC) No 45/2001 of the European Parliament and of the Council shall apply to the 
Agency. 

Article 18 

Administrative review 

The operations of the Agency are subject to the supervision of the Ombudsman in accordance 
with the provisions of Article 195 of the Treaty. 

CHAPTER 5 

FINANCIAL PROVISIONS 

Article 19 

Drawing up of the budget 

1.  Estimates  of  all  the  revenue  and  expenditure  of  the  Agency  shall  be  prepared  for  each 
financial  year,  corresponding  to  the  calendar  year,  and  shall  be  shown  in  the  budget  of  the 
Agency. 

2. The revenue and expenditure shown in the budget of the Agency shall be in balance. 

3. The revenue of the Agency shall, without prejudice to other resources, comprise: 

(a)  a  subsidy  from  the  Community,  entered  in  the  general  budget  of  the  European  Union 
(Commission section); and 

(b) payments received for services rendered. 

This revenue may be complemented by 

(a) voluntary contributions from the Member States; and 

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(b) financial contributions from the organisations or third countries referred to in Articles 8, 9 
or 27. 

4.  The  expenditure  of  the  Agency  shall  include  staff  remuneration,  administrative  and 
infrastructure costs and operating expenses. 

5. Each year the Management Board, on the basis of a draft drawn up by the Director, shall 
produce  an  estimate  of  revenue  and  expenditure  for  the  Agency  for  the  following  financial 
year. This estimate, which shall include a draft establishment plan, shall be transmitted by the 
Management Board to the Commission by 31 March at the latest. 

6. The estimate shall be transmitted by the Commission to the European Parliament and the 
Council (hereinafter the "budgetary authority") together with the preliminary draft budget of 
the European Union. 

7.  On  the  basis  of  the  estimate,  the  Commission  shall  enter  in  the  preliminary  draft  general 
budget of the European Union the estimates it considers necessary for the establishment plan 
and the amount of the subsidy to be charged to the general budget, which it shall place before 
the budgetary authority in accordance with Article 272 of the Treaty. 

8. The budgetary authority shall  authorise the appropriations for the subsidy to the Agency. 
The budgetary authority shall adopt the Agency’s establishment plan. 

9.  The  Agency’s  budget  shall  be  adopted  by  the  Management  Board.  It  shall  become  final 
following  the  adoption  of  the  general  budget  of  the  European  Union.  Where  appropriate,  it 
shall be adjusted accordingly.  

10.  The  Management  Board  shall,  as  soon  as  possible,  notify  the  budgetary  authority  of  its 
intention to implement any project which may have significant financial implications for the 
funding  of  its  budget,  in  particular  any  projects  relating  to  property  such  as  the  rental  or 
purchase of buildings. It shall inform the Commission thereof. 

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it 
shall  forward  its  opinion  to  the  Management  Board  within  six  weeks  from  the  date  of 
notification of the project. 

Article 20 

Implementation of the budget 

1. The Director shall implement the Agency’s budget. 

2.  By  1  March  at  the  latest  following  each  financial  year,  the  Agency's  accounting  officer 
shall communicate the provisional accounts to the Commission's accounting officer, together 
with  a  report  on  the  budgetary  and  financial  management  for  that  financial  year.  The 
Commission's accounting officer shall consolidate the provisional accounts of the institutions 
and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) 
No 1605/2002 (“the Financial Regulation”). 

3. No later than 31 March following each financial year, the Commission's accounting officer 
shall  transmit  the  Agency's  provisional  accounts  to  the  Court  of  Auditors,  together  with  a 

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24 

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report on the budgetary and financial management for that financial year. The report on the 
budgetary  and  financial  management  for  that  financial  year  shall  also  be  transmitted  to  the 
European Parliament and the Council. 

4.  On  receipt  of  the  Court  of  Auditors'  observations  on  the  Agency's  provisional  accounts, 
pursuant to Article 129 of the Financial Regulation, the Director shall draw up the Agency's 
final accounts under his own responsibility and forward them to the Management Board for 
an opinion. 

5. The Management Board shall deliver an opinion on the Agency's final accounts. 

6.  The  Director  shall,  no  later  than  1  July  following  each  financial  year,  transmit  the  final 
accounts to the European Parliament, the Council, the Commission and the Court of Auditors, 
together with the Management Board's opinion. 

7. The final accounts shall be published. 

8.  The  Director  shall  send  the  Court  of  Auditors  a  reply  to  its  observations  no  later  than 
30 September. He/she shall also send this reply to the Management Board. 

9.  The  Director  shall  submit  to  the  European  Parliament,  at  the  latter's  request,  any 
information required  for  the  smooth  application of the discharge procedure for the  financial 
year in question, as laid down in Article 146(3) of the Financial Regulation. 

10.  The  European  Parliament,  on  a  recommendation  from  the  Council  acting  by  a  qualified 
majority, shall, before 30 April of year N + 2, give a discharge to the Director in respect of the 
implementation of the budget for year N. 

11. The financial rules applicable to the Agency shall be adopted by the Management Board 
after the Commission has been consulted. They may not depart from Commission Regulation 
(EC,  Euratom)  No  2343/2002  of  19  November  2002,  unless  specifically  required  for  the 
Agency's operation and with the Commission's prior consent. 

Article 21 

Combating fraud 

1.  In  order  to  combat  fraud,  corruption  and  other  unlawful  activities,  the  provisions  of 
Regulation  (EC)  No  1073/1999  of  the  European  Parliament  and  of  the  Council  shall  apply 
without restrictions to the Agency. 

2. The Agency shall accede to the Inter-institutional Agreement of 25 May 1999 concerning 
internal  investigations  by  the  European  Anti-fraud  Office  (OLAF)  and  shall  issue,  without 
delay, the appropriate provisions applicable to its entire staff. 

3.  The  decisions  concerning  funding  and  the  implementing  agreements  and  instruments 
resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry 
out, if necessary, on-the-spot checks on the recipients of the Agency's funding and the staff 
responsible for allocating it. 

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CHAPTER 6 

GENERAL PROVISIONS 

Article 22 

Legal status and location 

1. The Agency shall have legal personality. 

2.  In  each  of  the  Member  States,  the  Agency  shall  enjoy  the  most  extensive  legal  capacity 
accorded  to  legal  persons  under  their  laws.  In  particular  it  may  acquire  and  dispose  of 
movable and immovable property and may be a party to legal proceedings. 

3. The Agency shall be represented by its Director. 

4.  The  Agency  shall  legally  succeed  the  European  Monitoring  Centre  on  Racism  and 
Xenophobia.  It  shall  assume  all  legal  rights  and  obligations,  financial  commitments  or 
liabilities of the Centre. Employment contracts concluded by the Centre before the adoption 
of this Regulation shall be honoured. 

5. The seat of the Agency shall be Vienna. 

Article 23 

Staff 

1.  The  Staff  Regulations  of  Officials  of  the  European  Communities,  the  Conditions  of 
Employment of Other Servants of the European Communities and the rules adopted jointly by 
the European Community institutions for the purpose of applying these Staff Regulations and 
Conditions of Employment shall apply to the staff of the Agency. 

2.  In  respect  of  its  staff,  the  Agency  shall  exercise  the  powers  conferred  on  the  appointing 
authority. 

3.  The  Management  Board  shall,  in  agreement  with  the  Commission,  adopt  the  necessary 
implementing measures, in accordance with arrangements provided for in Article 110 of the 
Staff  Regulations  of  Officials  of  the  European  Communities  and  the  Conditions  of 
Employment of Other Servants of the European Communities. 

4.  The  Management  Board  may  adopt  provisions  to  allow  national  experts  from  Member 
States to be employed on secondment at the Agency. 

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26 

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Article 24 

Language arrangements 

1. The provisions of Regulation No 1 of 15 April 1958 shall apply to the Agency. 

2. The translation services required for the functioning of the Agency shall be provided by the 
Translation Centre for the Bodies of the European Union. 

Article 25 

Privileges and immunities 

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

Article 26 

Jurisdiction of the Court of Justice 

1.  The  contractual  liability  of  the  Agency  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 Agency. 

2.  In  the  case  of  non-contractual  liability,  the  Agency  shall,  in  accordance  with  the  general 
principles common to the laws of the Member States, make good any damage caused by the 
Agency 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. 

3. The Court of Justice shall have jurisdiction in actions brought against the Agency under the 
conditions provided for in Article 230 or 232 of the Treaty. 

Article 27 

Participation of candidate or potential candidate countries 

1. The Agency shall be open to the participation of those countries which have concluded an 
association agreement with the Community and have been identified by the European Council 
as candidate countries or potential candidate countries for accession to the Union where the 
relevant Association Council decides on such participation.  

2. In that event, the modalities of their participation shall be determined by a decision of the 
relevant  Association  Council.  The  decision  shall  specify  the  expertise  and  assistance  to  be 
offered to the country in question and indicate in particular the nature, extent and manner in 

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27 

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which these countries will participate in the Agency's work, including provisions relating to 
participation in the initiatives undertaken by the Agency, to the financial contribution and to 
staff.  The  decision  shall  be  in  line  with  this  Regulation  and  with  the  Staff  Regulations  of 
Officials of the European Communities and the Conditions of Employment of Other Servants 
of the European Communities. The decision shall provide that the participating country may 
appoint  an  independent  person  fulfilling  the  qualifications  for  persons  referred  to  in  Article 
11(1)(a) as observer to the Management Board without right to vote. 

3. The Agency shall concern itself with the situation of fundamental rights in the countries, 
which participate in accordance with this Article, to the extent it is relevant for the respective 
association agreement. Articles 4 and 5 shall apply by analogy to that effect. 

Article 28 

Activities under Title VI of the Treaty on European Union 

This  Regulation  shall  be  without  prejudice  to  the  possibility  for  the  Council,  acting  in 
accordance with Title VI of the Treaty on European Union, to empower the Agency to pursue 
its  activities  under  this  Regulation  also  with  respect  to  the  areas  covered  by  Title  VI  of  the 
Treaty on the European Union. 

CHAPTER 7 

FINAL PROVISIONS 

Article 29 

Procedure 

1. The Commission shall be assisted by a committee, composed of representatives of the 
Member States and chaired by the representative of the Commission. 

2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 
of Decision 1999/468/EC shall apply, in compliance with Article 7(3) thereof. 

3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be one month. 

Article 30 

Transitory arrangements 

1.  The  current  term  of  office  of  the  members  of  the  Management  Board  of  the  European 
Monitoring  Centre  on  Racism  and  Xenophobia  shall  terminate  on  31  December  2006.  The 
Commission  shall  take  the  necessary  measures  to  ensure  that  a  Management  Board 
established in accordance with Article 11 shall start its term of office on 1 January 2007. 

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28 

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2.  The  Commission  shall  start  the  procedure  for  appointing  a  Director  of  the  Agency  as 
provided for in Article 13(1) without delay after the entry into force of this Regulation. 

3.  The  Management  Board,  acting  on  a  proposal  from  the  Commission,  may  extend  the 
current term of the Director of the European Monitoring Centre on Racism and Xenophobia 
for  a  maximum  period  of  18  months,  pending  the  appointment  procedure  referred  to  in 
paragraph 2.  

4. If the Director of the Centre is unwilling or unable to act in accordance with paragraph 3, 
the Management Board shall appoint an interim Director on the same conditions. 

Article 31 

Evaluations 

1. The Agency shall regularly carry out ex-ante and ex-post evaluations of its activities when 
these necessitate significant expenditure. It shall notify the Management Board of the results 
of these evaluations. 

2. The Agency shall forward annually to the budgetary authority any information relevant to 
the outcome of the evaluation procedures. 

3.  No  later  than  31  December  2009,  the  Agency  shall  commission  an  independent  external 
evaluation of its achievements during the first three years of operations on the basis of terms 
of  reference  issued  by  the  Management  Board  in  agreement  with  the  Commission.  This 
evaluation shall take into account the tasks of the Agency, the working practices and impact 
of  the  Agency  on  the  protection  and  promotion  of  fundamental  rights  and  shall  include  an 
analysis  of  the  synergy  effects  and  the  financial  implications  of  any  extension  of  the  tasks. 
The evaluation shall take into account the views of the stakeholders at both Community and 
national levels. 

The  evaluation  shall  also  assess  the  possible  need  to  modify  or  extend  the  Agency’s  tasks, 
scope,  areas  of  activity  or  structure,  including  in  specific  structural  modifications  needed  to 
ensure compliance with horizontal rules on regulatory agencies once they enter into force.  

4.  The  Management  Board,  in  agreement  with  the  Commission,  shall  determine  the  timing 
and scope of the following external evaluations, which shall be carried out periodically. 

Article 32  

Review 

1.  The  Management  Board  shall  examine  the  conclusions  of  the  evaluation  referred  to  in 
Article 31 and issue to the Commission such recommendations as may be necessary regarding 
changes in the Agency, its working practices and the scope of its mission. The Commission 
shall transmit the evaluation report and the recommendations to the European Parliament, the 
Council,  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  and  make 
them public.  

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29 

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2. After having assessed the evaluation report and the recommendations, the Commission may 
submit any proposals for amendments to this Regulation which it considers necessary. 

Article 33 

Commencement of the Agency’s operation 

The Agency shall become operational by 1 January 2007. 

Article 34 

Repeal 

1. Regulation (EC) No 1035/97 is repealed with effect from 1 January 2007. 

2. References to the repealed Regulation shall be construed as references to this Regulation. 

Article 35  

Entry into force and application 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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

Done at Brussels,  

For the Council 
The President 

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2005/0125 (CNS) 

Proposal for a 

COUNCIL DECISION 

empowering the European Union Agency for Fundamental Rights to pursue its activities 
in areas referred to in Title VI of the Treaty on European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  European  Union,  and  in  particular  Articles  30,  31  and  34(2)(c) 
thereof, 

Having regard to the proposal from the Commission19, 

Having regard to the opinion of the European Parliament20, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Union  is  based  on  the  principles  of  liberty,  democracy,  respect  for  human  rights  and 
fundamental  freedoms,  and  the  rule  of  law,  principles,  which  are  common  to  the  Member 
States, and must respect fundamental rights, as guaranteed by the European Convention for 
the  Protection  of  Human  Rights  and  Fundamental  Freedoms  and  as  they  result  from  the 
constitutional traditions common to the Member States, as general principles of Community 
law, in accordance with Article 6 of the Treaty. 

The objectives of the Union, as laid down in the Treaty, include strengthening the protection 
of rights and interests of the nationals of its Member States, maintaining and developing an 
area  of  freedom,  security  and  justice,  preserving  and  strengthening  peace  and  liberty  and 
promoting democracy on the basis of the fundamental rights recognized in the constitutional 
traditions and laws of the Member States and in the European Convention for the Protection 
of Human Rights and Fundamental Freedoms; 

In accordance with Article 29 of the Treaty, the Union’s objective is to provide citizens with 
a high level of safety within an area of freedom, security and justice by developing common 
action among the Member States in the fields of police and judicial co-operation in criminal 
matters and by preventing and combating racism and xenophobia. 

Council  Regulation  (EC)  No  2006/[…]21  establishes  a  European  Union  Agency  for 
Fundamental Rights, with the objective of providing the relevant institutions and authorities 
of  the  Community  and  its  Member  States  with  assistance  and  expertise  relating  to 

19 
20 
21 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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31 

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(5) 

(6) 

fundamental  rights,  in  order  to  help  them  when  they  take  measures  of  formulate  action 
within their respective spheres of competence to fully respect fundamental rights. 

This Decision constitutes the necessary legislative basis for empowering  that Agency with 
the performance of the same tasks and under the same conditions in the area referred to in 
Title VI ‘Provisions on police and judicial co-operation in criminal matters’ of the Treaty. 

The establishment of an area of freedom, security and justice with reference to actions under 
Title  VI  of  the  Treaty  require  that  the  fundamental  rights  of  individuals  should  be 
safeguarded. Articles 30, 31 and 34(2)(c) of the Treaty are accordingly the appropriate legal 
base for this proposal, 

HAS DECIDED AS FOLLOWS: 

Article 1 

In conformity with Article 28 of Council Regulation (EC) No 2006/[…], the European Agency for 
Fundamental  Rights  is  hereby  empowered  to  pursue  its  activities  defined  in  Regulation  (EC)  No 
2006/[…] in the areas covered by Title VI of the Treaty. 

Article 2  

Articles  2  to  32  of  Regulation  (EC)  No  2006/[…]  shall  apply  by  analogy  in  the  context  of  the 
Agency’s  activities  under  this  Decision.  References  to  Community  law  in  these  provisions  of 
Regulation No (EC) 2006/[…] shall be understood as referring to Union law in the area of Title VI 
of the Treaty. References to relevant Community bodies, agencies and offices shall be understood 
as referring also to Union relevant bodies established in or on the basis of Title VI.  

Article 3  

This Decision shall take effect on the twentieth day following that of its publication in the Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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32 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSALS 

Proposal  for  a  Council  Regulation  establishing  a  European  Union  Agency  for  Fundamental 
Rights  and  Proposal  for  a  Council  Decision  empowering  the  European  Union  Agency  for 
Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on 
European Union. 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

•  Police area: 18 Area of freedom, security and justice 

•  Activity: 18 04 Citizenship and fundamental rights 

3. 

BUDGET LINES 

3.1. 

Budget lines: 

Financial perspectives 2007-2013: Heading 3 

Current nomenclature: 

- 18.04 05 01: European Monitoring Centre on Racism and Xenophobia - Subsidy to titles 1 & 2 

- 18 04 05 02: European Monitoring Centre on Racism and Xenophobia – Subsidy to title 3 

3.2. 

Duration of the action and of the financial impact: 1 January 2007 – 31 December 2013 

From 2007 onwards the allocation of appropriations will depend on the new financial perspective 
2007-2013.  

3.3. 

Budgetary characteristics:  

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions from 
applicant countries 

18.04 05 

Non-
comp 

Diff22 

NO 

NO 

YES/NO 
(open, in accordance 
with bilateral 
agreements) 

Heading in 
financial 
perspective 

No 3 

22 

Differentiated appropriations 

EN 

33 

   EN 

 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

The following figures, both in terms of financial and human resources, have been allocated 
in  full  respect  of  the  cost-effectiveness  principle,  supported  by  the  analysis  carried  out 
during the ex-ante evaluation23. 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure 
type 

Section 
no. 

2007 

2008 

2009 

2010 

2011 

2012 

2013  Total 

Subsidy for Title 1 – Staff Schedule of commitment/payment appropriations 

Commitment/ 
Payments 
Appropriations 
(CA/PA) 

8.1 

a 

4,806 

6,318 

7,560 

8,640 

9,720 

10,800  10,800 

58,644 

Subsidy for Title 2 – Other administrative Schedule of commitment/payment appropriations 

Commitment/ 
Payments 
Appropriations 
(CA/PA) 

8.1 

b 

1,200 

1,550 

1,900 

2,150 

2,400 

2,700 

2,700 

14,600 

Subsidy for Title 3 - Operational Schedule of commitment/payment appropriations 

8.1 

c 

9,894 

12,132  11,540  12,810  14,280  14,600  16,400 

91,656 

TOTAL REFERENCE AMOUNT 

15,900  20,000  21,000  23,600  26,400  28,100  29,900 

164,900 

Commitment 
appropriations  

Payment 
appropriations 

15,900  20,000  21,000  23,600  26,400  28,100  29,900 

164,900 

15,900  20,000  21,000  23,600  26,400  28,100  29,900 

164,900 

Administrative expenditure not included in reference amount24  

Human resources 
and associated 
expenditure 
(NDA) 

8.2 

d 

0,162 

0,165 

0,168 

0,230 

0,234 

0,238 

0,238 

1,435 

23 

24 

The  evaluation  procedure  was  supported  by  the  preparatory  study  for  the  impact  assessment  and  ex-ante 
evaluation of Fundamental Rights Agency, conducted by the European Policy Evaluation Consortium (EPEC), 
accessible at 
http://europa.eu.int/comm/justice_home/news/consulting_public/fundamental_rights_agency/index_en.htm. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
Administrative 
costs, other than 
human resources 
and associated 
costs, not 
included in 
reference amount 
(NDA) 

8.2 

e 

0,200 

0,200 

0,200 

0,200 

0,200 

0,200 

0,200 

1,400 

Total indicative financial cost of intervention  

TOTAL CA 
including 
cost of 
Human 
Resources 

TOTAL PA 
including 
cost of 
Human 
Resources 

a+b+c+d+e  16,262 

20,365 

21,368 

24,030 

26,834 

28,538 

30,338 

167,735 

a+b+c+d+e  16,262 

20,365 

21,368 

24,030 

26,834 

28,538 

30,338 

167.735 

Co-financing details 
If the proposal involves co-financing by Member States, or other bodies (please specify which), an 
estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table  below  (additional  lines 
may be added if different bodies are foreseen for the provision of the co-financing): 

Co-financing body 

2007 

2008 

2009 

2010 

2011 

2012-
2013 

Total 

EUR million (to 3 decimal places) 

…… 

f 

NONE 

TOTAL CA including co-
financing 

a+c
+d
+e+
f 

4.1.2.  Compatibility with Financial Programming 

Proposal  is  compatible  with  the  Commission's  proposals  for  the  new  financial  perspective 

x 
2007-2013 (heading 3) 

(cid:133) 

Proposal will entail reprogramming of the relevant heading in the financial perspective. 

Proposal may require application of the provisions of the Interinstitutional Agreement25 (i.e. 

(cid:133) 
flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue  

x 

25 

EN 

Proposal has no financial implications on revenue 

See points 19 and 24 of the Interinstitutional agreement. 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the  effect  on  revenue 
should be shown in a separate annex. 

EUR million (to one decimal place) 

Budget line 

Revenue 

Prior to
action 
[Year 
n-1] 

Situation following action 

[Yea
r n] 

[n+1] [n+2] [n+3

] 

[n+4]  [n+5]

26 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

(Please specify each revenue budget line involved, adding the appropriate number of rows to the 
table if there is an effect on more than one budget line.) 

4.2. 

Agency  Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  –  see 
detail under 8.1.1. 

Annual requirements  2007 

2008  2009 

2010 

2011 

2012 

2013 

Total number of statutory 
personnel of the 
proposed Agency 

52 

65 

75 

85 

95 

100 

100 

4.3 

Commission  Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  – 
see detail under 8.2.1. 

Annual requirements  2007 

2008  2009 

2010 

2011 

2012 

2013 

Officials and temporary 
staff (18 04 05 01) 

1,5 

1,5 

1,5 

1,5 

1,5 

1,5 

1,5 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required  in  the  Explanatory  Memorandum.  This 
section  of  the  Legislative  Financial  Statement  should  include  the  following  specific 
complementary information: 

5.1. 

Need to be met in the short or long term: 

Possible  needs  in  the  current  situation  of  fundamental  rights  in  the  European  Union  relate  to  the 
following issues: 

26 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
-  Need  for  fundamental  rights  data,  available  for  all  EU  Member  States,  comparable  and  of 
sufficient quality to inform the policy makers and improve decisions made in the fundamental rights 
area,  

- Need for systematic and regular observation of how the institutions, bodies, offices and agencies 
of the Community and the Union both respect standards with respect to fundamental rights on the 
ground and promote awareness of fundamental rights on the ground, 

-  Need  for  systematic  and  regular  observation  of  how  Member  States  both  respect  and  promote 
fundamental rights standards in practice when implementing EU law and policies, 

-  Need  for  better  coordination  and  networking  between  national  human  rights  institutions  and 
European level bodies, 

- Need for social dialogue and networking with the civil society. 

- Need for growing awareness amongst the public within the EU of their fundamental rights, 

- Need for coherence in respecting fundamental rights in EU policies.  

In order to assist the Union institutions and the Member States to make further progress in the field 
of the fundamental rights policy, in particular in an enlarged Union, reliable and comparable data, 
dialogue  at  European  level,  appropriate  methodological  tools,  awareness-raising  activities  and 
collection and dissemination of information across the Union, are essential. 

There  is  no  existing  structure  which  could  provide  the  Union  institutions  and  the  Member  States 
with  such  support  in  a  comprehensive  way.  If  no  action  is  taken,  the  potential  to  improve  the 
implementation of this priority policy area and also to bring Europe closer to the citizens through 
raising  awareness  will  not  be  availed  of  and  progress  in  relation  to  the  achievement  of  the  full 
respect of fundamental rights in the European Union will remain slow, in particular in the context of 
an  enlarged  Union.  The  Explanatory  Memorandum  and  the  impact  assessment  report  explain  in 
detail the reasons why there is a need for an Agency. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with  other 
financial instruments and possible synergy 

The  Union  added  value  through  establishment  of  the  European  Union  Agency  for  Fundamental 
Rights can be identified in the following areas:  

The Agency will complement existing mechanisms of observing fundamental rights standards at the 
international, European and national level (both governmental and non-governmental) by observing 
systematically  and  consistently  the  impact  on  fundamental  rights  of  the  implementation  of  Union 
law  by  the  Union  institutions  and  the  Member  States.  Its  added  value  would  be  that  the  Agency 
would be required to make overviews of the EU situation on a regular basis, covering the same time 
period and using the Charter as a common frame of reference. 

The Agency will add considerable value in the policy cycle of the Union by providing independent 
expertise and advice, public and confidential, to the Union policy makers on how they can best meet 
their  obligations  to  respect  and  promote  fundamental  rights  when  proposing,  negotiating  and 
implementing policies at the Union level.  

EN 

37 

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An  illustrative  example  of  the  value  added  by  the  Agency  is  the  provision  of  comparable  and 
consistent  data  and  information  as  well  as  assessed  opinions  on  fundamental  rights  on  all  EU 
Member  States.  This  will  improve  the  Union  policy-making  processes  in  relation  to  fundamental 
rights by pinpointing what is (potentially) wrong with a situation and indicating steps to remedy it. 
An integrated approach and use of several indicators will do away with the problem that one source 
of information alone does not bring sufficient knowledge of actual fundamental rights conditions. 
The possibility to measure trends in observance of fundamental rights over time would furnish more 
reliable  interpretations  of  conditions  and  give  better  knowledge  than  one-off  readings  of  sporadic 
events.  

Given that the Agency would cost around €28-30 million annually, the resources allocated are good 
‘value  for  money’  considering  the  object  of  the  work  of  the  Agency  –  the  area  where  the 
fundamental  rights  of  about  500  million  European  citizens  and  residents  are  respected  and 
promoted.27  

The  Agency  will  network  and  include  in  its  work  a  wide  range  of  key  stakeholders  in  the 
fundamental  rights  field  across  the  Union  –  Member  States  governments,  enforcement  agencies, 
statistical institutes, national human rights institutions, national and European NGOs, legal experts, 
international  organisations.  The  Agency  will  be  sufficiently  resourced  to  bring  together  those 
networks  and  enable  synergies,  learning  and  awareness  raising  amongst  a  wide  range  of 
stakeholders. 

Care  must  be  taken  to  ensure  that  the  Agency  avoids  duplication  of  work  with  the  relevant 
international organisations, in particular the Council of Europe, with Community activities and with 
relevant  Union  bodies  and  Community  agencies,  such  as  the  European  Institute  for  Gender 
Equality. The Commission proposal will put a number of mechanisms in place to ensure coherence, 
avoid overlap and ensure the best use of resources, given the limitations of the budget. In particular: 

•  the  proposed  Regulation  will  lay  down  mechanisms  to  collaborate  closely  with  the  Council  of 
Europe. Such mechanisms include a cooperation agreement between the Agency and the Council 
of Europe and the participation of the Council of Europe to the boards of the Agency; 

•  the  proposed  Regulation  will  provide  for  cooperation  between  the  Agency  and  other  relevant 
Community  agencies  and  Union  bodies.  For  example,  the  Directors  of  these  agencies  will  be 
invited  to  attend  the  meetings  of  the  Management  Board  of  the  Agency  when  appropriate,  as 
observers.  In  addition,  "memoranda  of  understanding"  could  also  be  signed  to  define  possible 
areas of synergies among the agencies; 

•  the  Multiannual  Framework  and  the  Work  Programme  of  the  Agency  will  be  in  line  with  the 
Union  policy  strategy,  Community  priorities  and  the  work  of  the  Commission,  including  its 
statistical and research work. 

As regards the timing of the establishment of the Agency, the Regulation would establish a centre 
of expertise in fundamental rights issues at the Union level at a time when the Treaty establishing a 
Constitution  for  Europe  has  been  agreed  by  the  Governments  of  the  Member  States  and  is  being 
ratified  in  each  of  Member  States.  The  Constitution  includes  the  Charter  of  Fundamental  Rights, 
which,  if  the  Treaty  is  ratified,  will  become  legally  binding  on  Union  institutions  and  Member 

27 

This  covers  the  Union  after  the  expected  accession  of  Bulgaria  and  Romania,  since  the  Agency  should  be 
operational at the time when these countries have joined the Union. 

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38 

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States when they implement Union law. The Charter does not add any new rights, but it embodies 
in one document fundamental rights which stem from Member States’ participation in international 
human rights treaties and conventions and constitutional traditions common to the Member States. 
Establishing an Agency would make the Charter more tangible. 

5.3. 

Objectives,  expected  results  and  related  indicators  of  the  proposal  in  the  context  of  the 
ABM framework 

The  objective  of  the  Agency  is  to  provide  the  relevant  Union  institutions  and  authorities  of  the 
Member States when implementing Union law with assistance and expertise relating to fundamental 
rights in order to support them when they take measures or formulate courses of action within their 
respective spheres of competence to fully respect the fundamental rights. 

For this purpose, the Agency will produce the necessary objective and reliable information and data, 
comparable at European level, as well as methodological tools. It will formulate assessed opinions 
on the basis of the data. The Agency's role is also to promote the visibility of fundamental rights 
through the development of awareness rising and dissemination of information activities, including 
the creation of a documentation centre addressed to the stakeholders and the public at large. 

The Agency can thus be expected to perform the following operational objectives/tasks and deliver 
the following results:  

–  collect,  record,  analyse  and  disseminate  data  and  information  on  how  fundamental  rights  are 
affected  by  the  implementation  of  Community  policies,  including  results  from  research  and 
monitoring  communicated  to  it  by  Member  States,  Union  institutions,  national  bodies, 
international organisations etc. This would be done by establishing and maintaining information 
networks  with  focal  points  in  each  Member  State.  National  focal  points  will  collect,  analyse, 
assess and channel the relevant data and information to the Agency; 

–  the  above-mentioned  task  also  covers  identification  and  validation  of  good  practice  in  how 
fundamental rights are respected by Union institutions, bodies and agencies and Member States 
when  implementing  the  Union  law.  There  are  a  number  of  mechanisms  tried  and  tested  at  the 
Union level for identification, validation and sharing of good practice. One avenue could be to 
use external experts to validate the good practices identified within the network of the Agency; 

–  develop  methods  to  improve  the  comparability  and  quality  of  the  fundamental  rights  data 
collected at European and national levels, working together with national statistical institutes and 
other  government  departments  as  well  as  with  the  Commission.  Such  a  consensual  approach 
would  serve  to  identify  the  gaps  in  information  and  agree  on  the  common  definitions  for 
collecting new primary data and information; 

–  carry  out, cooperate with or encourage  scientific research and surveys, preparatory studies and 
feasibility studies. This might require organizing meetings of experts and, whenever necessary, 
set  up  ad  hoc  working  parties.  The Agency  would  also  be  able  to  give  grants  (or  contracts)  to 
fund research, according to the needs identified in the work of the Agency. The ability to provide 
grants could foster long-term cooperation and capacity building;  

–  formulate conclusions and issue opinions to the Union’s institutions, bodies and agencies and the 
Member States on the fundamental rights situation in the implementation of Union policies and 
regulations.  There  should  be  sufficient  safeguards  built  into  the  work  of  the  Agency  so  that 
opinions are not affected by outside political interference;  

–  produce  annual  reports  on  the  state  of  play  of  fundamental  rights  in  the  Union,  when  Union 
policies  are  applied  by  EU  institutions,  bodies  and  agencies  and  Member  States  when 

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implementing EU policies. These reports take a sectoral approach, and are not country reports, in 
order to avoid overlap with existing reporting systems. The reports would consist of descriptive 
and analytical parts, identification of good practice and recommendations for improvements; 

–  produce  thematic  reports  in  the  topics  of  particular  importance  to  the  Union’s  policies,  which 
would  consist  of  descriptive  and  analytical  parts,  identification  of  good  practice  and 
recommendations for improvements; 

–  enhance cooperation between civil society, including non-governmental organisations, the social 
partners, research centres and representatives of competent public authorities and other persons 
or  bodies  involved  in  dealing  with  fundamental  rights,  in  particular  by  networking,  promoting 
dialogue  at  European  level  and  participating  where  appropriate  in  discussions  or  meetings  at 
national  level.  This  means  for  example  organising,  with  relevant  stakeholders,  conferences, 
campaigns, round tables, seminars and meetings at European level; 

–  develop a communication strategy aimed at awareness-raising among the general public, set up 
documentation  resources  accessible  to  the  public  and  prepare  educational  material,  promoting 
cooperation and avoiding duplication with other sources of information. 

The indicators in Table 1 can be applied to monitor the results and impacts of the Agency. 

Table 1 – Potential monitoring and evaluation indicators of the Agency 

Objectives 

Potential monitoring indicators  

improve 

definitions, 
To 
comparability of data on fundamental rights.  

existence 

and 

in  practice  by 

To  objectively  review  and  analyse  existing 
reports, studies, judgements and other evidence 
on  fundamental  rights  pertaining  to  the  EU 
policy. 
To develop a strong analytical capacity and act 
as a centre of expertise on fundamental rights. 
To  monitor  the  application  of  fundamental 
rights  standards 
the  EU 
institutions, bodies and agencies. 
To  monitor  the  application  of  fundamental 
rights  standards  on  the  ground  by  Member 
States when they are implementing Community 
law. 
To  identify  good  practice  in  respecting  and 
promoting  fundamental  rights  by 
the  EU 
institutions,  bodies  and  agencies  and  Member 
States.  
To  express  opinions  on  fundamental  rights 
policy developments in the EU. 
To  raise  public  awareness  of  fundamental 
rights.  

Provision  of  comparable  data  on  fundamental 
rights in the annual report. 
Satisfaction rates of data users  
Existence of reports reviewing the ‘state of the 
art’ in the latest research  
Existence of publicly available online resource 
library  
Citation rates (how often Agency’s outputs are 
mentioned in other documents)  
Quality of annual and thematic reports - regular 
surveys of users  

Quality of annual and thematic reports - regular 
surveys of users  

Quality of annual and thematic reports - regular 
surveys of users  

Perception  of  the  quality  and  relevance  of  the 
opinions by the EU institutions  
Level of awareness of citizens – public opinion 
surveys  
Use  of  Agency’s  website,  downloading  of  its 
reports  

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40 

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To  promote  dialogue  with  civil  society, 
coordinate  and  network  with  various  actors  in 
the field of fundamental rights. 
To provide effective assistance and expertise to 
the  Union  institutions  and  relevant  authorities 
of the Member States 

Existence of networks  
Effectiveness  of  networks  –  surveys  of 
participants  
Citation rates (how often the Union institutions 
and  national  authorities  exploit  the  results  of 
the  work  of  the  Agency  as  starting  point  for 
necessary measures) 

5.4. 

Method of Implementation (indicative) 

Show below the method(s)28 chosen for the implementation of the action. 

x 
ٱ 
x 
ٱ 
x 
ٱ 
ٱ 
ٱ 
ٱ 
ٱ 

Centralised Management 
Directly by the Commission 
Indirectly by delegation to: 
Executive Agencies 
Bodies set up by the Communities as referred to in Art. 185 of the Financial Regulation 
National public-sector bodies/bodies with public-service mission 
Shared or decentralised management 
With Member states 
With Third countries 
Joint management with international organisations (please specify) 

6. 

MONITORING AND EVALUATION 

6.1. 

Monitoring system 

The Director will be responsible for the implementation of effective monitoring and evaluation of 
the  performance  of  the  Agency  against  its  objectives  according  to  professionally  recognised 
standards and shall report annually to the Management Board on the results of the evaluation. 

The Director will prepare an annual report on the activities of the Agency which will compare, in 
particular,  the  results  achieved  with  the  objectives  of  the  annual  Work  Programme;  this  report, 
following  adoption  by  the  Management  Board,  will  be  forwarded  by  15  June  at  the  latest  to  the 
European Parliament, the Council, the Commission and the Court of Auditors.  

The  Agency  should  also  be  subject  to  periodic  external  evaluation.  The  first  external  evaluation 
should  be  carried  out  after  three  years  of  operation.  Such  an  external  evaluation,  in  addition  to 
questions of efficiency and effectiveness, should also consider the following questions:  

-  the  Agency’s  place  in,  and  contribution  to,  the  system  of  European  governance  (as  a  means  of 
delivering Community policy objectives);  

- the consistency of the Agency’s activities with those of other international organisations, such as 
the Council of Europe, OSCE and UN, and other relevant European bodies, such as the European 
Institute for Gender Equality;  

28 

If more than one method is indicated please provide additional details in the "Relevant comments" section of 
this point. 

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41 

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- the value added by the Agency as a type of implementation of Community policy (compared to 
“in-house” implementation by Commission departments);  

- the longer-term impact of the Agency’s activities on citizens and their level of awareness of their 
fundamental rights. 

Table 2 suggests several indicators which can be used to evaluate the progress made by the Agency 
towards achieving each of the objectives described above. They include both output indicators (e.g. 
provision of comparable data) and impact indicators (e.g. rising public awareness). 

Table 2 Potential monitoring and evaluation indicators of the Agency 

Objectives 
To improve definitions, existence and comparability of 
data on fundamental rights.  

To objectively review and analyse existing reports, 
studies, judgments and other evidence on fundamental 
rights pertaining to the EU policy. 
To develop a strong analytical capacity and act as a 
centre of expertise on fundamental rights. 
To monitor the application of fundamental rights 
standards in practice by the Union institutions, bodies 
and agencies. 
To monitor the application of fundamental rights 
standards on the ground by Member States when they 
are implementing Community law. 
To identify good practice in respecting and promoting 
fundamental rights by the Union institutions, bodies 
and agencies and Member States.  
To express opinions on fundamental rights policy 
developments in the EU. 

To raise public awareness of fundamental rights.  

To promote dialogue with civil society, coordinate and 
network with various actors in the field of fundamental 
rights. 
To work in a complementary way and to avoid overlap 
with the relevant international organisations, in 
particular with the Council of Europe, and with the 
relevant Community agencies and Union bodies when 
pursuing its objectives 
To provide effective assistance and expertise to the 
Union institutions and relevant authorities of the 
Member States 

Potential monitoring indicators  
Provision of comparable data on fundamental rights in 
the annual report  
Satisfaction rates of data users  
Existence of reports reviewing the ‘state of the art’ in the 
latest research 
Existence of publicly available online resource library 
Citation rates (how often Agency’s outputs are mentioned 
in other documents)  
Quality of annual and thematic reports - regular surveys 
of users  

Quality of annual and thematic reports - regular surveys 
of users  

Quality of annual and thematic reports - regular surveys 
of users  

Perception of the quality and relevance of the opinions by 
the Union institutions  
Citation rates (how often Agency’s outputs are mentioned 
in the measures taken by Union institutions) 
Level of awareness of citizens – public opinion surveys  
Use of Agency’s website, downloading of its reports  
Existence of networks  
Effectiveness of networks – surveys of participants  

Low level of overlapping outputs (reports, surveys, 
campaigns) 
Number of cooperation projects  
Effectiveness of cooperation – surveys of international 
organisations, Community agencies and Union bodies 
Citation rates (how often the Union institutions and 
national authorities exploit the results of the work of the 
Agency as starting point for necessary measures) 

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6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The ex-ante evaluation supporting this proposal was conducted in late 2004 and early 2005 by the 
Commission  departments  in  charge  of  the  policy  area  of  fundamental  rights,  in  particular  DG 
Justice, Freedom and Security. It is based mainly on the Preparatory Study for impact assessment 
and  ex-ante  evaluation  of  the  Fundamental  Rights  Agency,  200529  and  on  the  Meta-Evaluation 
Report  on  the  Community  Agency  System,  200330  and  the  evaluation  of  the  functioning  of  the 
European  Monitoring  Centre  on  Racism  and  Xenophobia.31  These  studies  allowed  for  a 
comprehensive  identification  of  existing  needs;  the  formulation  of  objectives  and  respective 
indicators; the scoping of different policy options as regards mandate and structure of the Agency, 
including  alternative  zero  and  their  potential  results;  the  evaluation  of  the  value  added  by 
Community-level action; assessment of associated risks, also on the basis of similar experiences in 
the past; the definition of monitoring and evaluation systems; and a preliminary cost effectiveness 
analysis,  covering  estimations  on  appropriations,  human  resources  and  other  administrative 
expenditure. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation and risk assessments (lessons 

learned from similar experiences in the past) 

The establishment of the European Union Agency for Fundamental Rights takes account of similar 
experience in the establishment of other Community agencies. Table 3 presents a description of a 
number of lessons learnt in the establishment and operation of those agencies and possibilities for 
addressing  the  risks  in  the  work  of  the  Agency,  based  on  the  experiences  of  establishing 
Community agencies in the past.32. 

29 
30 
31 

32 

Conducted by European Policy Evaluation Consortium (EPEC), February 2005) 
European Commission, Budget Directorate General, 15/9/2004 
Communication  from  the  Commission  on  the  activities  of  the  European  Monitoring  Centre  on  Racism  and 
Xenophobia, together with proposals to recast Council Regulation (EC) 1035/97, COM(2003) 483, 5.08.2004 
The  table  is  primarily  based  on:  the  external  EUMC  evaluation  report  from  2002;  EPEC  visit  to  EUMC  in 
February 2005; and the Meta-Evaluation of the Community Agency system carried out by DG Budget in 2003. 

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43 

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Table 3 Main risks in the work of the Agency 

Risk 

Difficulties  in  major  extension  of  the  mandate  of 
the EUMC  
Failure  to  ensure  high  quality  (e.g.  as  regards 
comparability)  of  the  data  collected  and  of  the 
results of its analysis 

Lack of focus in collecting data  

Incomplete  coverage  of  Member  States 
establishing the network of national focal points  

in 

Lack  of  close  work  with  Member  States 
providing comparable or compatible data  

in 

Lack  of  effectiveness  in  disseminating  the  outputs 
of work  

Lack of engagement with the Union institutions  
Lack  of  clarity  on  primary  beneficiaries  of  the 
Agency33 

Difficulty  of  producing  tailor  made  and  timely 
outputs matching the Union institutions’ needs  

Risk of duplicating the work of other institutions  

expectations 

High 
organisations and citizens 
Failure to get good value for money 

from 

non-governmental 

Failure  to  respect  all  rules  for  financial  procedure 
laid down in the Financial Regulation 

the  officials 

What  could  be  done  about  addressing  the  risk? 
(lessons from the past) 
Master plan, including a feasibility study, planning 
of team, infrastructure etc. 
Ensure  that  the  staffing  of  the  research  unit  within 
the Agency is sufficient in the establishment phase  
Monitor closely (on an annual basis) the quality of 
outputs delivered by the Agency 
Mechanism of consultation with main stakeholders, 
mapping of existing data and mapping of needs 
Flexibility in financing could mean that the Agency 
could  give  grants  to  organisations  to  act  as  a 
national  focal  point  for  a  ‘trial  period’  and  build 
capacity of data collection locally  
Ensure  that  the  establishment  of  a  liaison  network 
the  Member  State 
from 
with 
governments  is  taken  as  a  prime  task  in  the 
establishment phase  
Establish  a  formal  liaison  network  with  national 
statistical institutes and other stakeholders  
Clear  and 
strategy 
targeted  communications 
identifying  key  audiences  and  best  ways  to  reach 
them  
Agency  has  an  obligation  to  respond  quickly  to 
requests  for  information  and  assessment  from  EU 
Institutions  
Agency’s  outputs  need  to  reflect  EU  priorities  and 
needs  
Good  communication  between  the  Agency  and 
Union institutions (memorandum of understanding, 
regular informal meetings, consultation over annual 
work programmes) 
Good  communication  between  1)  the  Agency  and 
the  Union  institutions;  2)  the  Agency  and  the 
international 
Council  of  Europe  and  other 
organisations such as the OSCE and the UN, and 3) 
the  Agency  and  relevant  Community  agencies  and 
Union  bodies  (memorandums  of  understanding, 
regular informal meetings, consultation over annual 
work programmes) 
Clarity 
in 
objectives and tasks of the Agency  
Focus on the objective and keep good contacts with 
all  the  stakeholders,  including  Union  institutions, 
while acting in fully independence 
Set  down  and  implement  24  internal  control 
standards 
Ensure that there is sufficiently staff with financial 
expertise and experience 

the  Communication  Strategy  about 

33 

This was an issue also raised in the course of public consultation. 

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44 

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6.2.3.  Terms and frequency of future evaluation 

By  the  end  of  the  third  year  following  the  entry  into  force  of  this  Regulation,  the  Agency  is  to 
commission  an  independent  external  evaluation  of  its  achievements,  on  the  basis  of  terms  of 
reference  drawn  up  by  the  Management  Board  in  agreement  with  the  Commission.  The 
Commission  is  to  transmit  the  evaluation  report  accompanied  by  the  recommendations  of  the 
Management Board to the European Parliament, the Council, the Economic and Social Committee 
and the Committee of the Regions and make them public. After assessment of the evaluation report 
and  the  recommendations,  the  Commission  may  submit  any  proposal  for  amendments  to  this 
Regulation which it deems necessary.  

7. 

ANTI-FRAUD MEASURES 

The financial rules applicable to the Agency are to be adopted by the Management Board following 
consultation  with  the  Commission.  They  may  not  depart  from  Commission  Regulation  (EC, 
Euratom)  No  2343/2002  of  19 November 2002  on  the  framework  Financial Regulation  for  the 
bodies  referred  to  in  Article 185  of  Council  Regulation  (EC, Euratom)  No 1605/2002  on  the 
Financial  Regulation  applicable  to  the  general  budget  of  the  European  Communities34.  In 
accordance  with  Art.71  of  Commission  Regulation  2343/2002,  the  Agency  is  to  have  an  internal 
auditing  function  that  must  be  performed  in  compliance  with  the  relevant  international  standards 
while the Commission's internal auditor will exercise the same powers with respect to the Agency 
as with respect to Commission departments. 

All measures developed by the Agency are to form part of its Multiannual Framework, adopted by 
the  Commission  in  accordance  with  a  comitology  procedure,  and  of  its  annual  Work  Programme 
agreed by the Management Board. The Director will be accountable for the management of his/her 
activities  to  the  Management  Board.  In  addition,  controls  by  the  Commission  or  the  Court  of 
Auditors of the European Communities may be carried out on the basis of documents or on the spot. 

34 

OJ L 357, 21.12.2002, p. 72 with Corrigendum in OJ L 2, 7.1.2003, p. 39. 

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45 

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8. 

DETAILS OF RESOURCES  

8.1. 

Resources included in reference amount 

Information  below  is  indicative.  It  will  be  developed  after  a  more  detailed  examination, 
taking  into  account  the  final  tasks  and  needs  of  the  Agency  as  regards  the  human  and 
administrative resources. 

8.1.1.  Number and type of human resources – title 1 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

A*/AD 

Existing 
EUMC: 

23 

27 

31 

35 

37 

37 

15 

New: 

5 

B*, 
C*/AST 

Existing 
EUMC: 

42 

48 

54 

60 

63 

63 

Officials 
or 
temporary 
staff (XX 
01 01) 

22 

New:  

10 

Staff  financed  by  art. 
XX 01 02 

Other  staff  financed  by 
art. XX 01 04/05 

TOTAL 

52 

65 

75 

85 

95 

100 

100 

•  For 2007 the full cost per official or temporary staff is € 108,000. This amount includes 
personnel  costs  and  administrative  expenditure  (buildings,  IT,  etc).  From  2008  an 
annual deflator of 2 % is used. 

•  15 new persons will be recruited for the first year on average by mid year so the number 
of new staff is half of 15 for calculation purposes. For 2007, the calculation is (37 + 7,5) 
* 108.000 =€ 4.806.000 

8.1.2.  Description of tasks deriving from the action 

•  Collect  information  and  data  on  fundamental  rights  situation,  policies  and  practices 
within the European Union through administrations, NGOs, experts; carry out surveys, 
when necessary; 

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46 

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•  Record this information eventually in a common database; 

•  Analyse the information gathered directly or by experts, publish and disseminate results 

of such analysis, 

•  Develop  methods  to  improve  the  comparability,  objectivity  and  reliability  of  data  on 
fundamental  rights  at  Community  level;  develop  analyse  and  evaluate  relevant 
methodological  tools;  develop  common  standards  for  the  establishment  and  collection 
of those data, 

•  Prepare  and  organise  meetings  of  experts  on  legal,  economical  and  social  aspects  of 

fundamental rights;  

•  Organise  conferences,  round  tables  and  meetings  at  European  level  on  topics  directly 

relevant for fundamental rights;  

•  Organise campaigns for promotion of fundamental rights in the European medias; 

•  Edit,  publish  and  distribute  results  of  studies  and  other  information  (annual  report, 
magazine,  posters,  videos,  CD  ROM,  etc.),  in  formats  that  take  into  account  also  the 
needs of disabled persons;  

•  Edit  publish  and  distribute  reports  and  conclusions  based  on  the  results  of  the  studies 

and meetings organised; 

•  Set up and coordinate an internet information network on issues related to fundamental 
rights:  the  Agency  is  to  establish  permanent  cooperation  with  the  relevant  academic, 
research,  governmental  and  non-governmental  organisations  at  national  level  in  each 
Member State; 

•  Disseminate  best  practices  and  the  results  of  concrete  cooperation,  be  it  through  the 
organization  of  conferences  and  seminars,  the  publication  of  booklets  or  other 
information materials and/ or the use of electronic means of communication; 

•  Develop training material on fundamental rights for Member States’ administrations and 
organisations  involved  in  fundamental  rights  policies  or  wishing  to  develop  actions  in 
this field, 

•  Launch  call  for  tenders  and  proposals  for  the  relevant  actions,  manage  contracts  and 
grant agreements, proceed to commitments and payments, evaluate results and outputs, 

•  Organise  meetings  of  the  Management  Board,  Executive  Board  and  the  Fundamental 

Rights Forum. 

8.1.3. 

Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from each of 
the sources) 

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   EN 

 
The European Monitoring Centre on Racism and Xenophobia currently has 37 posts, of which 15 
are A*, 13 B* and 9 C* posts. The contracts of the current holders of these posts will be continued 
in the framework of the Agency. 

X  Posts currently allocated for the European Monitoring Centre on Racism and Xenophobia to be 
replaced or extended (37) 

(cid:133)  Posts pre-allocated within the APS/PDB exercise for year n 

X  Posts to be requested in the next APS/PDB (2007) procedure (15) 

(cid:133)  Posts  to  be  redeployed  using  existing  resources  within  the  managing  service  (internal 
redeployment) 

(cid:133)  Posts required for year n although not foreseen in the APS/PDB exercise of the year in question 

EN 

48 

   EN 

 
8.1.4  Objectives of the proposal in terms of their financial cost –title 3 

(The subsidy of administrative expenditure – title 2 will cover the operational objectives 4 and 5 under heading of 18 04 05 01 the Community budget) 

Commitment appropriations in EUR million (to 3 decimal places) 

(Headings of Objectives, actions and outputs should be provided) 

OPERATIONAL OBJECTIVE No.1 35 

Provision of assistance to Union Institutions, and the Member States 

Action  1:  to  collect,  record,  analyse  and  disseminate  data  and  information  on  how  fundamental  rights  are 
affected  by  the  implementation  of  Community  policies,  including  results  from  research  and  monitoring 
communicated  to  it  by  Members  States,  Union  institutions,  national  bodies,  international  organisations  etc. 
Data collection would be done by establishing and maintaining information networks with focal points in each 
Member State. National focal points will collect, analyse, assess and channel the relevant data and information 
to the Agency. 

-  Output:  This  appropriation  is  intended  to  cover  the  specific  reports  which  will  contribute  to  the 
implementation of the Work Programme and will necessitate external contractors. It is also intended to cover 
the setting-up and coordination of appropriate tools for the collect of data, including information networks. 

Action  2:  to  identify  and  to  validate  good  practice  in  how  fundamental  rights  are  respected  by  Union 
institutions,  bodies  and  agencies  and  Member  States  when  implementing  Union  law.  There  are  a  number  of 
mechanisms tried and tested at the Union level for identification, validation and sharing of good practice. One 
avenue could be to use external experts to validate good practices identified within the network of the Agency. 

 - Output: This appropriation is intended to cover all the costs relevant to the above-mentioned meetings.  

Action  3:  to  develop  methods  to  improve  the  comparability  and  quality  of  the  fundamental  rights  data 
collected  at  the  European  and  national  level,  working  together  with  national  statistical  institutes  and  other 
government departments as well as with the Commission. Such consensual approach would serve to identify 
the gaps in information and agree on the common definitions for collecting new primary data and information. 

- Output: 

Cost year 
2007 

Cost 
year 
2008 

Cost 
year 
2009 

Cost 
year 
2010 

Cost 
year 
2011 

Cost year 
2012 

Cost 
year 
2013 

Number 
of 
output 

Total 

2,700 

3,700 

4,750 

5,000 

6,100 

6,100 

6,900 

1,050 

1,300 

1,300 

1,000 

1,000 

1,000 

1,500 

1,000 

1,000 

1,000 

1,050 

0,500 

0,100 

0,100 

35 

As described under Section 5.3 

EN 

49 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Action  4:  to  carry  out,  cooperate  with  or  encourage  scientific  research  and  surveys,  preparatory  studies  and 
feasibility studies. This might require organizing meetings of experts and, whenever necessary, set up ad hoc 
working parties. The Agency would also be able to give grants (or contracts) to fund research, according to the 
needs identified in the work of the  Agency.  The ability to provide grants could foster long-term  cooperation 
and capacity building. 

 - Output: This appropriation is intended to cover the organisation of the above-mentioned activities, including 
travel and subsistence expenses, interpretation costs, etc. 

Sub-total Objective 1 

OPERATIONAL OBJECTIVE No.2 

Promotion of networking of stakeholders and dialogue at European level: 

Action 1: To enhance cooperation between civil society, including non-governmental organisations, the social 
partners,  research  centres  and  representatives  of  competent  public  authorities  and  other  persons  or  bodies 
involved in dealing with fundamental rights, in particular by networking, promoting dialogue at European level 
and  participating  where  appropriate  in  discussions  or  meetings  at  national  level.  This  means  for  example 
organising,  with  relevant  stakeholders,  conferences,  campaigns,  round  tables,  seminars  and  meetings  at 
European level. 

- Output: 

Sub-total Objective 2 

OPERATIONAL OBJECTIVE No3  

Promotion  and  dissemination  of  information  and  awareness  -  raising  activities  to  enhance  visibility  on 
fundamental rights:  

Action 1: to produce annual reports of sectored type on the state of play of fundamental rights in the Union, 
when  Union  policies  are  applied  by  EU  institutions,  bodies  and  agencies  and  Member  States  when 
implementing EU policies. The report would consist of descriptive and analytical parts, identification of good 
practice and recommendations for improvements. 

- Output: Publication, editing and distribution costs including databases and mailing of results of surveys , other 
information activities (annual report, magazine, posters, videos, CD ROM, etc. and organisation of a library on 
fundamental rights research). 

Action  2:  to  produce  thematic  reports  in  the  topics  of  particular  importance  to  the  Union’s  policies,  which 
would  consist  of  descriptive  and  analytical  parts,  identification  of  good  practice  and  recommendations  for 
improvements. 

2,000 

2,000 

2,000 

2,000 

1,750 

1,950 

1,950 

6,750 

8,000 

9,050 

9,050 

9,350 

9,150 

10,450 

1,000 

1,600 

1,000 

1,000 

1,500 

2,000 

2,000 

1,000 

1,600 

1,000 

1,000 

1,500 

2,000 

2,000 

0,500 

0,500 

0,200 

0,500 

0,500 

0,500 

0,500 

0,250 

0,250 

0,100 

0,250 

0,250 

0,250 

0,250 

- Output: 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Action  3:  to  develop  a  communication  strategy  aimed  at  awareness  raising  of  general  public,  set  up 
documentation resources accessible to the public and prepare educational material, promoting cooperation and 
avoiding duplication with other sources of information. 

0,400 

0,750 

0,150 

1,000 

1,500 

1,500 

2,000 

- Output: 

Sub-total Objective 3 

OPERATIONAL OBJECTIVE No.4: Effective functioning of management structure  

1,150 

1,500 

0,450 

1,750 

2,250 

2,250 

2,750 

Action 1 Meetings of the Management Board, the Executive Board and the Fundamental Rights Forum. 

0,300 

0,300 

0,300 

0,300 

0,300 

0,300 

0,300 

2,100 

-  Output:  This  appropriation  is  intended  to  cover  the  operating  expenses  including  travel  and  subsistence 
expenses  and  interpretation  costs.  (1  regular  and  1  supplementary  meeting  for  the  Management  Board,  4 
meetings of Executive Board and 1 meeting for the consultative Forum of 100 persons per year). 

Sub-total Objective 4 

0,300 

0,300 

0,300 

0,300 

0,300 

0,300 

0,300 

2,100 

OPERATIONAL OBJECTIVE No.5: Costs related to effective implementation of operations  

Action 1 Mission, representation expenses, etc. 

0,174 

0,200 

0,200 

0,190 

0,360 

0,380 

0,380 

2,005 

- Output: This appropriation is intended to cover expenditure on transport, daily mission allowances and other 
exceptional  expenses  incurred  by  established  staff  in  the  interest  of  the  service,  in  accordance  with  the  staff 
regulations 

Action 2 Cost of translation of studies, reports, working documents, leaflets, etc. 

0,500 

0,500 

0,500 

0,500 

0,500 

0,500 

0,500 

1,500 

-  Output:  This  appropriation  is  intended  to  cover  the  translation  of  studies,  reports,  as  well  as  working 
documents  for  the  Management  Board  and  Forum  and  for  conferences,  seminars,  etc.  into  the  different 
Community languages. The translation work will mainly be carried out by the Translation Centre for the bodies 
of the EU in Luxembourg 

Action 3 Interpretation costs for non-routine conferences  

0,020 

0,032 

0,040 

0,020 

0,020 

0,020 

0,020 

0,140 

-  Output:  This  appropriation  is  intended  to  cover  interpreting  services  to  be  billed  to  the  Agency  by  the 
European Commission. It is also intended to cover the payment of freelance interpreters hired for non-routine 
conferences for which the Commission is unable to provide interpreting. 

Sub-total Objective 5 

TOTAL COST 

EN 

0,694 

0,732 

0,740 

0,710 

0,880 

0,900 

0,900 

9,894 

12,132 

11,540 

12,810 

14,280 

14,600 

16,400 

3,645 

91,656 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.1.5.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year n+5 
and later  TOTAL 

None 

Budget line 

(number and heading) 

Technical  and  administrative  assistance 
(including related staff costs) 

Executive agencies36 

Other 
assistance  

technical 

and 

administrative 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2 

Resources not included in reference amount 

8.2.1.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

2007 

2008 

2009 

2010 

2011 

2012-2013 

0.162 

0.165 

0.168 

0.230 

0.234 

0.238 

(1.5 x 0,108) 

(1.5 x 110) 

(1.5 x 0,112) 

(2 x 0,115) 

(2 x 0,117) 

(2 x 0,119)2 

0.162 

0.165 

0.168 

0.23 

0.234 

0.238 

Officials  and  temporary 
staff (18 04 05 01) 

Staff financed by Art XX 
01  02  (auxiliary,  END, 
contract staff, etc.) 

Total cost of Human 
Resources and 
associated costs (NOT 
in reference amount) 

This  is  the  cost  of  the  staff  devoted  to  evaluation,  control  and  coordination  of  the  Agency 
within the Commission. 

36 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation – Officials and Temporary agents 

In  2007-2009,  1,5  officials/year  are  allocated  to  the  tasks  of  control,  budget  drafting  and 
funding and coordination between the Commission and the Agency. Later, when the Agency 
will be reaching its full capacity, there is a need for 2 officials/year for these tasks. See details 
in  table  8.2.1.  The  estimation  of  the  workload  is  based  on  the  experience  with  existing 
agencies, in particular the EUMC. The staff needed is A-grade officials. 

Calculation – Staff financed under art. XX 01 02 

No such staff foresee, ref. table 8.2.1. 

8.2.2  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

2007 

2008 

2009 

2010 

2011 

2012-
2013 

TOTAL 

XX 01 02 11 01 – Missions 

0,2 

0,2 

0,2 

0,2 

0,2 

0,2 

1,400 

XX 01 02 11 02 – Meetings & Conferences 

.57XX 01 02 11 03 – Committees37  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 – Information systems 

Total  Other  Management  Expenditure 
(XX 01 02 11) 

Other  expenditure  of  an  administrative 
nature  (specify  including  reference  to  budget 
line) 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0,2 

0,2 

0,2 

0,2 

0,2 

0,2 

1,400 

Calculation – Other administrative expenditure not included in reference amount 

The  needs  for  human  and  administrative  resources  will  be  covered  within  the  allocation 
granted to the managing service in the framework of the annual allocation procedure. 

37 

Specify the type of committee and the group to which it belongs. 

EN 

53 

   EN