Proposal for a Council regulation establishing a European Union Agency for Fundamental Rights (COM(2005)0280 - C6-0288/2005 - 2005/0124(CNS))
Date: 2006-10-12
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU Charter of Fundamental Rights, EU office or agency, fundamental rights, human rights

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P6_TA(2006)0414

European Union Agency for Fundamental Rights *

Proposal for a Council regulation establishing a European Union Agency for Fundamental Rights
(COM(2005)0280 — C6-0288/2005 — 2005/0124(CNS))

(Consultation procedure)

The proposal was amended as follows (1):

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Amendment 1
Recital 5

(5) 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 1997 and to extend its mandate to make it a Human
Rights Agency.

(5) 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 1997 and to extend its mandate to make it a Human
Rights Agency. They also decided on that occasion that the
seat of the Agency should remain located in Vienna.

Amendment 2
Recital 8

(8) When establishing the Agency, due attention will be paid
to the operating framework for the European regulatory agen-
cies proposed by the Commission in the draft Inter-institu-
tional Agreement1on 25 February 2005.

deleted

Amendment 3
Recital 9

(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.

(9) The Agency should refer in its work to fundamental rights
as defined in Article 6(2) of the Treaty on European Union,
including those set out
in the European Convention on
Human Rights and Fundamental Freedoms, and as reflected
in particular in the Charter of Fundamental Rights. The close
connection to the Charter should be reflected in the name of
the Agency.

Amendment 4
Recital 9a (new)

(9a) As the Agency is to be built upon the existing Euro-
pean Monitoring Centre on Racism and Xenophobia,
the
work of the Agency should continue to cover the phenomena
of racism, xenophobia and anti-Semitism, as well as the pro-
tection of rights of persons belonging to minorities, as essen-
tial elements in the protection of fundamental rights. Due
emphasis should be given to groups who experience discrimi-
nation as referred to in Article 13 of the Treaty and Article 21
of the Charter of Fundamental Rights of the European Union.

(1) The matter was then referred back to committee pursuant to Rule 53(2) (A6-0306/2006).

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Amendment 5

Recital 11

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

(11) The Agency should have the right to formulate opinions
to the Union institutions and to the Member States when imple-
menting Community law, either on its own initiative or at the
request of the European Parliament, the Council or the Com-
mission, without interference with the legislative and judicial
procedures established in the Treaty. Those institutions should
be able to request opinions on their legislative proposals or on
positions taken in the course of legislative procedures as
regards the compatibility thereof with fundamental rights.

Amendment 6

Recital 12

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

(12) The European Parliament, the Council and the Commis-
sion should have the possibility of requesting the Agency's tech-
nical expertise in the context of proceedings under Article 7 of
the Treaty on European Union.

Amendment 7

Recital 13

(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.

(13) The Agency should present an annual report on the fun-
damental rights issues covered by the areas of the Agency's
activity, which report should also highlight examples of good
practice. Furthermore,
the Agency should produce thematic
reports in the topics of particular importance to the Union's
policies.

Amendment 8

Recital 15

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

(15) The Agency should work as closely as possible with all
relevant Union institutions as well as bodies, offices and agen-
cies of the Community and the Union in order to avoid dupli-
cation, in particular as regards the future European Institute for
Gender Equality.

Amendment 9

Recital 15a (new)

(15a) The Agency should cooperate closely with Member
States, for which purpose the Member States should nominate
national
in particular,
communicate with the national liaison officers as regards the
reports and other documents that it draws up.

liaison officers. The Agency should,

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Amendment 10

Recital 16

(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 struc-
tures of the Agency with appropriately defined voting rights as
in the current EUMC.

(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 complementarity and added value, such as conclusion of
a bilateral cooperation agreement and the participation of an
independent person appointed by the Council of Europe in the
management
the Agency with appropriately
defined voting rights.

structures of

Amendment 11

Recital 16a (new)

(16a) Recognising the important role of civil society in the
protection of fundamental rights, the Agency should promote
dialogue with civil society and work closely with non-govern-
mental organisations and civil society institutions active in the
field of fundamental rights. It should set up a cooperation
network called the Fundamental Rights Platform with a view
to establishing a structured and fruitful dialogue and close
cooperation with all relevant stakeholders.

Amendment 12

Recital 17a (new)

In order to ensure the high scientific quality of its

(17a)
work, the Agency should have a Scientific Committee.

Amendment 13

Recital 17b (new)

(17b) The authorities appointing members of the Manage-
ment Board, the Executive Board and the Scientific Committee
should aim to achieve a balanced participation between
women and men on these bodies. Particular attention should
also be given to the equal representation of women and men
on the staff.

Amendment 14

Recital 18

(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;

(18) The European Parliament plays a significant role in the
area of fundamental rights.
It should therefore be consulted
before the Agency's multi-annual framework is adopted and
on the candidates proposed for the post of Director of the
Agency.

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Amendment 15
Recital 19

(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 coop-
eration with all stakeholders.

deleted

Amendment 16
Recital 21a (new)

(21a) The Staff Regulations of Officials of the European
Communities, the Conditions of Employment of Other Ser-
vants of the European Communities and the rules adopted
jointly by the European Community institutions for the pur-
pose of applying these Staff Regulations and Conditions of
Employment apply to the staff and the Director of the Agency,
including their rules relating to the dismissal of the Director.

Amendment 17
Recital 22

(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 Govern-
ments of the Member States of 2 June 1997 determining the
seat of the European Monitoring Centre on Racism and Xeno-
phobia.

(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.

Amendment 18
Recital 22a (new)

(22a) The Agency should be open to the participation of
candidate countries. Furthermore, the countries with which a
Stabilisation and Association agreement has been concluded
should be allowed to participate in the Agency, since this will
enable the Union to support their efforts towards European
integration by facilitating gradual alignment of their legisla-
tion to Community law as well as the transfer of know-how
and good practice, particularly in those areas of the acquis
that will serve as a central reference point for the reform pro-
cess in the Western Balkans.

Amendment 19
Recital 23

(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,
they
should be adopted by the regulatory procedure provided for in
Article 5 of that Decision.

deleted

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Amendment 20

Recital 23a (new)

(23a) The Agency should initiate the necessary evaluations
of its activities in due time, including an in-depth evaluation
of its scope in relation to countries that are not members of
the Union, on the basis of which the Agency's scope, tasks
and working methods should be reviewed.

Amendment 21

Article 3, paragraphs 2 to 4

2.
The Agency shall refer in carrying out its tasks to funda-
mental rights as defined in Article 6(2) of the Treaty on Euro-
pean Union and as set out in particular in the Charter of Fun-
damental 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 Commun-
ity law, without prejudice to paragraph 4 and to Articles 4(1)
(e), 27 and 28.

2.
In carrying out its tasks, the Agency shall refer to funda-
mental rights within the meaning of Article 6(2) of the Treaty
on European Union, including those set out in the European
Convention for the Protection of Human Rights and Funda-
mental Freedoms signed in Rome on 4 November 1950, and
as reflected in the Charter of Fundamental Rights of the Euro-
pean Union proclaimed in Nice on 7 December 2000.

3.
The Agency shall deal with fundamental rights issues in
the European Union and in its Member States when implement-
ing Community law. In addition, it may deal with fundamental
rights issues within the scope of paragraph 1 in those coun-
tries referred to in Article 27(1) to the extent necessary for the
gradual alignment to Community law of the country con-
cerned and in accordance with Article 27(2).

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 con-
cluded association agreements or agreements containing provi-
sions on respect of human rights, or has opened or is plan-
ning to open negotiations for such agreements, in particular
countries covered by the European Neighbourhood Policy.

Amendment 22

Article 4

1.

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

To meet the objective set in Article 2 and within its com-

1.
petences as laid down in Article 3, 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 agen-
cies, research centres, national bodies, non-governmental
organisations, relevant third countries and international
organisations;

(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, bodies, offices and
agencies of the Community and the Union, research cen-
tres, national bodies, non-governmental organisations, third
countries, international organisations and in particular the
competent bodies of the Council of Europe;

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(b) develop methods to improve the comparability, objectivity
in cooperation

and reliability of data at European level,
with the Commission and the Member States;

(b) develop methods and standards to improve the compar-
ability, 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 Euro-
pean Parliament, the Council or the Commission. It shall
also organize meetings of experts and, whenever necess-
ary, set up ad hoc working parties;

(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 Euro-
pean Parliament, the Council or the Commission;

(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;

(d)

formulate and publish conclusions and opinions on speci-
for the Union institutions and the
fic thematic topics,
Member States when implementing Community law, either
on its own initiative or at the request of the European Par-
liament, 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 Euro-
pean 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;

(e) make its technical expertise available to the European Par-
liament and the Council, where the Council receives a pro-
posal pursuant to Article 7(1) or (2) of the Treaty on Euro-
pean Union;

(f) publish an annual report on the situation of fundamental

rights, also highlighting examples of good practice;

(f) publish an annual report on fundamental rights issues cov-
ered by the areas of the Agency's activity, also highlight-
ing examples of good practice;

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

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

surveys;

surveys;

(h) publish an annual report on its activities;

(h) publish an annual report on its activities;

(i)

develop a communication strategy and promote dialogue
with civil society, in order to raise public awareness of
fundamental rights and actively inform the public of its
work.

(i)

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

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

(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.

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The conclusions, opinions and reports formulated by the
2.
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.

The conclusions, opinions and reports referred to in para-
2.
graph 1 may concern proposals from the Commission under
Article 250 of the Treaty or positions taken by the institutions
in the course of legislative procedures only where the institu-
tion concerned has submitted a request therefor in accordance
with Article 4(1)(d). Those conclusions, opinions and reports
shall not deal with the legality of acts within the meaning of
Article 230 of the Treaty, or with the question whether a Mem-
ber State has failed to fulfil an obligation under the Treaty
within the meaning of Article 226 of the Treaty.

Amendment 23

Article 5

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 xenopho-
bia;

(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 over-
lap with the remit of other Community bodies, offices and
agencies.

2.
The Agency shall carry out its tasks within the the-
matic 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 Com-
munity Statistical Programme.

The Management Board of

1.
taking due
account of the guidelines arising from European Parliament
resolutions and Council conclusions in the field of fundamen-
tal rights, shall, on the basis of a proposal by the Commission,
adopt a multi-annual framework.

the Agency,

2.
The multi-annual framework shall cover five years, be
consistent with the Union's priorities and strategic objectives,
and be compatible with the financial and human resources
available to the Agency.

3.
The Agency shall carry out its tasks within the thematic
areas determined by the multi-annual framework. However,
the Agency shall also respond to requests from the European
Parliament, the Council or the Commission under Articles 4(1)
(d) and (e) that fall outside those thematic areas, provided
that its financial and human resources so permit.

The Agency shall carry out its tasks in the light of its

4.
annual work programme.

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Amendment 24

Article 6, paragraphs 1 and 2

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.

In order to ensure the provision of objective, reliable and
1.
comparable information, the Agency shall, drawing on the
expertise of a variety of organizations and bodies in each Mem-
ber State and taking account of the need to involve national
authorities in the collection of data

(a) set up and coordinate information networks, such as the
network of independent experts on fundamental rights,
and use existing networks;

(b) organize meetings of external experts; and,

(c) whenever necessary, set-up ad hoc working parties.

In pursuing its activities, the Agency shall,

in order to
2.
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

In pursuing its activities, the Agency shall,

in order to
2.
achieve complementarity and guarantee the best possible use
of resources, take account, where appropriate, of information
collected and of activities undertaken, in particular by:

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

(a) Union institutions and bodies, offices and agencies of the
Community and the Union and of the Member States;

(b)

institutions, bodies, offices and agencies of the Member
States; and

(b)

the Council of Europe, by referring to the findings and
activities of its monitoring and control mechanisms and
its Commissioner for Human Rights; and

(c)

the Council of Europe and other international organisa-
tions.

(c)

the Organisation of Security and Cooperation in Europe
(OSCE), the United Nations and other international orga-
nisations.

Amendment 25

Article 8, title and paragraph 1

Cooperation with organisations at Member State and European
level

Cooperation with organisations at Member State and interna-
tional level

−1.
In order to ensure close cooperation with Member
States, each Member State shall nominate a government offi-
cial as a national liaison officer. The Agency shall forward to
the national liaison officers all documents drawn up in accor-
dance with Article 4(1)(a), (b), (c), (d), (e), (f), (g), and (i).

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

1.
with:

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To help it carry out its tasks, the Agency shall cooperate

— governmental organisations and public bodies competent
in the field of fundamental rights in the Member States,
including national human rights institutions;

— the OSCE, especially the Office for Democratic Institu-
tions and Human Rights (ODIHR), the United Nations
and other international organisations.

Amendment 26

Article 9

the
The Agency shall coordinate its activities with those of
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 Arti-
cle 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 indepen-
dent person to sit on the Agency's Management Board, in accor-
dance with Article 11.

the
In order to ensure complementarity and added value,
Agency shall coordinate its activities with those of the Council
of Europe, particularly with regard to the Annual Work Pro-
gramme pursuant
to Article 5 and to the cooperation with
civil society in accordance with Article 9a. 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 appointment of an independent person by the
Council of Europe to sit on the Agency's Management Board
in accordance with Articles 11
and on its Executive Board,
and 12.

Amendment 27

Article 9a (new)

Article 9a

Cooperation with civil society and the establishment of a Fun-
damental Rights Platform

1.
The Agency shall closely cooperate with non-governmen-
tal organisations and civil society institutions active, at
national, European or international level, in the field of fun-
damental rights, including in combating racism and xenopho-
bia and in the protection of minorities. To that end, the
Agency shall establish a cooperation network, to be known
as the Fundamental Rights Platform, composed of non-gov-
ernmental organisations dealing with human rights, trade
unions and employers' organisations, relevant social and pro-
fessional organisations, churches, religious, philosophical and
non-confessional organisations, universities and other quali-
fied experts of European and international bodies and organi-
sations.

2.
The Platform shall constitute a mechanism for the
exchange of information and the pooling of knowledge. It
shall ensure close cooperation between the Agency and rele-
vant stakeholders.

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The Platform shall be open to all interested and qualified
3.
stakeholders pursuant
to paragraph 1. The Agency may
address the members of the Platform in accordance with spe-
cific needs related to areas identified as a priority of the
Agency's work.

4.

The Agency shall call upon the Platform in particular to:

(a) make suggestions to the Management Board on the
annual work programme to be adopted under Article 11
(4)(a);

(b) give feedback and suggest follow-up to the Management
Board on the annual report provided for in Article 4(1)(f);
and

(c) communicate outcomes and recommendations of confer-
ences, seminars and meetings relevant to the work of the
Agency to the Director and the Scientific Committee.

The Platform shall be coordinated under the authority of

5.
the Director.

(c) a director;

(d) a forum.

Amendment 28
Article 10, points (c) and (d)

(c) a Scientific Committee; and

(d) a Director.

Amendment 29
Article 11

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

The Management Board shall be composed of persons
1.
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;

(a) one independent person appointed by each Member State
who has high-level responsibilities in an independent
national human rights institution or other public or pri-
vate-sector organisation;

(b) one independent person appointed by the European Parlia-

ment;

(c) one independent person appointed by the Council of Eur-

(c) one independent person appointed by the Council of Eur-

ope; and

ope; and

(d)

two representatives of the Commission.

(d)

two persons nominated by the Commission:

— one of whom shall be an independent person desig-
nated from among individuals whose competence in
the field of fundamental rights is universally recog-
nized, and

— the other of whom shall be a representative 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.

The term of office of the members of the Management

2.
Board appointed shall be five years. It may be renewed once.

However, where a member no longer meets the criteria by rea-
son of which he or she was appointed, he or she shall forth-
with 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:

4.
The term of office of the members and alternate mem-
bers of the Management Board shall be five years. It shall not
be renewable.

(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
financial and human
accordance with the available
resources. The Annual Work Programme shall be trans-
mitted 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 Euro-
pean Parliament, the Council, the Commission, the Court
of Auditors, the European Economic and Social Commit-
tee 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;

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(f) draw up an annual estimate of expenditure and revenue
for the Agency and send it to the Commission, in accor-
dance 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;

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

(i) adopt the necessary measures to implement the Staff Reg-
ulations 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 Coun-
cil, in accordance with Article 16(2).

5.
The Management Board may delegate any of its respon-
sibilities to the Executive Board, except for the matters refer-
red 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 deci-
sions 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.

AMENDMENTS
BY PARLIAMENT

5.
Apart from normal replacement or death, the term of
office of the member or the alternate member shall end only
when he or she resigns. However, where a member or an alter-
nate member no longer meets the criterion of independence, he
or she shall forthwith inform the Commission and the Direc-
tor of the Agency thereof. The party concerned shall appoint a
new member or a new alternate member for the remainder of
the term of office. The party concerned shall also appoint a
new member or a new alternate member for the remainder of
the term of office, if the Management Board has established,
on the basis of a proposal of one third of its members or of
the Commission,
that a member or alternate member no
longer meets the criterion of independence. Where the remain-
der of the term of office is less than two years, the term of
office of the new member or alternate member may be a full
five years.

6.
The Management Board shall elect its Chairperson and
Vice-Chairperson and the other two members of the Executive
Board as referred to in Article 12 from its members appointed
under paragraph 1(a) to serve for a two-and-a-half year term,
which may be renewed once.

7.
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 in accor-
dance with the multi-annual framework, on the basis of
a draft submitted by the Director of the Agency after the
Commission and the Scientific Committee have delivered
an opinion. It shall be in accordance with the available
financial and human resources and shall
take into
account the research and statistical work of the Commun-
ity. The annual work programme shall be forwarded to

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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 agen-
cies and Union bodies may also attend as observers when
invited by the Executive Board.

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AMENDMENTS
BY PARLIAMENT

the European Parliament, the Council and the Commis-
sion;

(b) adopt the annual reports referred to in Article 4(1)(f) and
(h), comparing in the latter one, in particular, the results
achieved with the objectives of the annual work pro-
gramme; without prejudice to the fifth paragraph of Arti-
cle 12a, the Scientific Committee shall be consulted before
the report referred to in Article 4(1)(f) is adopted; the
reports shall be forwarded no 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,
Agency;

if necessary, dismiss the Director of the

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

(e) exercise the powers laid down in Article 23(2) in respect
of the Director and disciplinary authority over the Direc-
tor;

(f) draw up an annual estimate of expenditure and revenue
for the Agency and send it to the Commission in accor-
dance 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 and
the Scientific Committee have delivered an opinion;

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

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

(j) adopt the arrangements to implement Regulation (EC) No

1049/2001, in accordance with Article 16(2);

(k) appoint and dismiss members of the Scientific Committee
in accordance with the first and third paragraphs of Arti-
cle 12a; and

(l)

establish that a member or an alternate member of the
Management Board no longer meets the criterion of inde-
pendence, in accordance with paragraph 5.

8.
The Management Board may delegate its responsibilities
to the Executive Board except for the matters referred to in
points (a), (b), (c), (d), (e), (g), (h), (k) and (l) of paragraph 7.

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Decisions by the Management Board shall be taken by
8a.
a simple majority of the votes cast, except as regards the deci-
sions referred to in paragraph 6 as well as in the points (a),
(b), (c), (d), (e), (g), (k) and (l) of paragraph 7, where a two-
thirds majority of all members shall be required. Each member
of the Management Board, or, in his or her absence, his or her
alternate shall have one vote. The Chairperson shall have the
casting vote. The person appointed by the Council of Europe
may vote on decisions referred to in points (a), (b), (g) and (k)
of paragraph 7.

8b. The Chairperson shall convene the Management Board
twice a year, without prejudice to any additional extraordinary
meetings. The Chairperson shall convene extraordinary meet-
ings on his or her own initiative or at the request of at least
one third of the members of the Management Board.

8c. The Chairperson or Vice-Chairperson of the Scientific
Committee and the Director of the European Institute for
Gender Equality may attend meetings of the Management
Board as observers. The Directors of other relevant Commun-
ity agencies, Union bodies and other international institutions
as referred to in Articles 8 and 9 may also attend as observers
when invited by the Executive Board.

Amendment 30
Article 12, paragraph 1

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

1.
The Management Board shall be assisted by an Executive
Board. The Executive Board shall be made up of the Chairper-
son and the Vice-Chairperson of the Management Board, two
other members of the Management Board elected by the Man-
agement Board in accordance with Article 11(6) and one of
the persons nominated by the Commission to the Management
Board. The person appointed by the Council of Europe to the
Management Board may participate in the meetings of the
Executive Board as an observer.

Amendment 31
Article 12a (new)

Article 12a

Scientific Committee

The Scientific Committee shall be composed of eleven indepen-
dent persons, highly qualified in the field of fundamental
rights. The Management Board shall appoint the members fol-
lowing a transparent call for applications and selection pro-
cedure after having consulted and taken into account the
views expressed by the competent committee of the European
Parliament. The Management Board shall ensure even geogra-
phical representation. The members of the Management Board
shall not be members of the Scientific Committee. The rules of
procedure referred to in Article 11(7)(g) shall lay down the
detailed conditions governing the appointment of the Scienti-
fic Committee.

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The term of office of the members of the Scientific Committee
shall be five years. It shall not be renewable.

The members of the Scientific Committee shall be indepen-
dent. They may be replaced only at their own request, or in
the event of their being permanently prevented from fulfilling
their duties. However, where a member no longer meets the
criterion of independence, he or she shall forthwith inform
the Commission and the Director of the Agency thereof. Alter-
natively, the Management Board may declare, on a proposal of
one third of its members, that the person concerned no longer
meets the criterion of independence and dismiss the person
concerned. The Management Board shall appoint a new mem-
ber for the remainder of the term of office in accordance with
the procedure for ordinary members. Where the remainder of
the term of office is less than two years, the term of office of
the new member may be a full five years. The list of members
of the Scientific Committee shall be made public and shall be
updated by the Agency on its web site.

The Scientific Committee shall elect its Chairperson and Vice-
Chairperson for a term of office of one year.

The Scientific Committee shall be the guarantor of the scien-
tific quality of the Agency's work, guiding the work to that
effect. For that purpose, the Director shall involve the Scienti-
fic Committee as early as appropriate in the preparation of all
documents drawn up in accordance with Article 4(1)(a), (b),
(c), (d), (e), (f), (g), and (i).

The Scientific Committee shall take its decisions by a two-
thirds majority. It shall be convened by its Chairperson four
times per year. If necessary, the Chairperson shall launch a
written procedure or shall convene extraordinary meetings on
his or her own initiative or at the request of at least four
members of the Scientific Committee.

Amendment 32

Article 13

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
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.

1.
The Agency shall be headed and represented by a Director
appointed by the Management Board in accordance with a
cooperation (‘concertation’) procedure provided for in para-
graph 2. The Director shall be appointed on the basis of his or
her personal merit, experience in the field of fundamental
rights and administrative and management skills.

2.

The cooperation procedure shall be as follows:

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(a) on the basis of a list drawn up by the Commission after a
call for candidates and a transparent selection procedure,
applicants shall be asked before an appointment is made
to address the Council of the European Union and the
relevant European Parliament committee and to reply to
questions;

(b) the European Parliament and the Council of the European
Union shall then give their opinion on the applicants and
state their orders of preference;

(c)

the Management Board shall appoint the Director taking
those opinions into account.

3.

The Director shall be responsible for:

3.

The Director's term of office shall be five years.

(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 pro-

vided for in Article 23(2);

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

(e)

(f)

implementation of the Agency's budget,
with Article 20; and

in accordance

implementation of effective monitoring and evaluation
procedures relating to the performance of the Agency
against its objectives according to professionally recog-
nised 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 partici-
pate in its meetings without voting rights.

In the course of the nine months preceding the end of that
period, the Commission shall evaluate in particular the perfor-
mance of the Director and the Agency's duties and require-
ments in the coming years.

Taking account of the evaluation report and only where justi-
fied by the duties and requirements of the Agency, the Man-
agement Board may, acting on a proposal from the Commis-
sion, extend the term of office of the Director once for not
more than three years.

The Management Board shall inform the European Parliament
of its intention to extend the Director's term of office. Within
a period of one month before the Management Board formally
takes its decision to extend the term of office, the Director
may be asked to make a declaration before the competent com-
mittee of the European Parliament and to answer questions
from its members.

Where his or her term of office is not extended, the Director
shall remain in office until the appointment of his or her suc-
cessor.

4.

The Director shall be responsible for:

(a) performance of the tasks referred to in Article 4 and in
particular the preparation and publication of the docu-
ments drawn up in accordance with Article 4(1)(a), (b),
(c), (d), (e), (f), (g) and (i) in cooperation with the Scien-
tific Committee;

(b) preparation and implementation of the Agency's annual

work programme;

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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.

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AMENDMENTS
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(c) all staff matters, and in particular the exercise in respect

of staff of the powers laid down in Article 23(2);

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

(e)

(f)

implementation of the Agency's budget,
with Article 20;

in accordance

implementation of effective monitoring and evaluation
procedures relating to the performance of the Agency
against its objectives according to professionally recog-
nised standards. The Director shall report annually to
the Management Board on the results of the monitoring
system;

(g) cooperation with national liaison officers; and

(h) cooperation with civil society, including coordination of
the Fundamental Rights Platform in accordance with
Article 9a.

5.
The Director shall perform his or her tasks indepen-
dently. He or she shall be accountable for the management of
his or her activities to the Management Board and shall par-
ticipate in its meetings without voting rights.

5a.
The Director may be called at any time by the Euro-
pean Parliament or by the Council to attend a hearing on
any matter linked to the Agency's activities.

5b.
The Director may be dismissed by the Management
Board before his or her term has expired, on the basis of a
proposal of a third of its members. The Chairperson of the
Management Board shall
inform the European Parliament
and the Council of the reasons for the dismissal.

Article 14

Fundamental Rights Forum

Amendment 33
Article 14

deleted

responsible

organisations

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

for

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 mem-
bers of the Forum, but may attend its meetings.

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The Forum shall

the
4.
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.

constitute a mechanism for

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 inter-
nal rules and shall be made public.

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

Amendment 34
Article 15, paragraph 2

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

The members and alternate members of the Management
2.
Board, the members of the Scientific Committee and the Direc-
tor shall undertake to act in the public interest. For this pur-
pose, they shall make a statement of interests indicating either
the absence of any interests which might be considered preju-
dicial to their independence or any direct or indirect interests
which might be considered prejudicial to their independence.
They shall make that statement in writing when taking office
and shall revise it should changes occur with regard to the
interests. It shall be published by the Agency on its website.

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 pur-
pose, they shall make a statement of interests indicating either
the absence of any interests which might be considered preju-
dicial 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.

Amendment 35
Article 16, title and paragraphs 1 and 2

Access to documents

Transparency and access to documents

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

1.
The Agency shall develop good administrative practices
in order to ensure the highest possible level of transparency
concerning its activities.

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

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

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AMENDMENTS
BY PARLIAMENT

The Management Board shall, within six months after the
2.
Agency becomes operational, adopt specific rules for the prac-
tical implementation of paragraph 1. These shall include inter
alia rules for:

— the openness of meetings,

— publication of the work of the Agency, including that of

the Scientific Committee, and

— the implementation of Regulation (EC) No 1049/2001.

Amendment 36
Article 19, paragraph 3

3.
The revenue of the Agency shall, without prejudice to
other resources, comprise a subsidy from the Community,
the European Union
entered in the general budget of
(Commission section).

This revenue may be supplemented by payments received for
services rendered in the framework of the implementation of
the tasks listed in Article 4.

The revenue of the Agency shall, without prejudice to

3.
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

(b) financial contributions from the organisations or third

countries referred to in Articles 8, 9 or 27.

Amendment 37
Article 22, paragraph 4

The Agency shall legally succeed the European Monitoring
4.
Centre on Racism and Xenophobia.
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.

It shall assume all

The Agency shall legally succeed the European Monitoring
4.
Centre on Racism and Xenophobia.
legal
rights and obligations, financial commitments or liabilities of
the Centre.

It shall assume all

Amendment 38
Article 23, paragraphs 1 and 2

1.
The Staff Regulations of Officials of the European Com-
munities, 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.

1.
The Staff Regulations of Officials of the European Com-
munities, 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 and its Director.

In respect of its staff, the Agency shall exercise the powers

2.
conferred on the appointing authority.

2.
In respect of its staff, the Agency shall exercise the powers
conferred on the appointing authority by the Staff Regulations
of Officials of the European Communities and on the auth-
ority entitled to conclude contracts by the Conditions of
Employment of Other Servants of the European Communities.

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Amendment 39

Article 27

Participation of candidate or potential candidate countries

Participation of candidate countries and countries with which a
Stabilisation and Association Agreement has been concluded

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 coun-
tries 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 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 Offi-
the European Communities and the Conditions of
cials 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 Man-
agement Board without right to vote.

The Agency shall concern itself with the situation of
3.
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.

1.
The Agency shall be open to the participation of candi-
date countries and countries with which a Stabilisation and
Association Agreement has been concluded by the European
Community.

2.
The participation of such countries and the relevant
modalities shall be determined by a decision of the relevant
Association Council, taking into account the specific status of
each country. The decision shall lay down in particular the
nature, extent and manner in which these countries will parti-
cipate in the Agency's work, within the framework laid down
in Articles 4 and 5, including provisions relating to participa-
tion 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 ref-
erred to in Article 11(1)(a) as observer to the Management
Board without right to vote.

Article 29

Procedure

Amendment 40

Article 29

deleted

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

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

The period provided for in Article 5(6) of Decision 1999/

3.
468/EC shall be one month.

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Amendment 41

Article 30

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

1.
The current term of office of the members of the Manage-
ment Board of the European Monitoring Centre on Racism and
Xenophobia shall terminate on 31 December 2006. The Com-
mission shall take the necessary measures without delay after
the entry into force of this Regulation to ensure that a Man-
agement Board established in accordance with Article 11 shall
start its work in due course.

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.

The parties concerned shall

2.
the procedure for
appointing a Director of the Agency as provided for in Arti-
cle 13(1) without delay after the entry into force of this Regula-
tion.

start

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.

3.
The Management Board, acting on a proposal from the
Commission, may appoint an interim Director or extend the
current term of the Director of the European Monitoring Centre
on Racism and Xenophobia for the shortest possible period,
pending the appointment procedure referred to in paragraph 2.

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

Amendment 42

Article 31, paragraphs 1 to 3

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

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

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

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

3.
No later than 31 December 2009, the Agency shall com-
mission 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 evalu-
ation shall take into account the views of the stakeholders at
both Community and national levels.

3.
No later than 31 December 2011, the Agency shall com-
mission 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;

— include an assessment of the possible need to modify the
Agency's tasks, scope, areas of activity or structure;

C 308 E/168

Official Journal of the European Union

EN

16.12.2006

Thursday 12 October 2006

TEXT PROPOSED
BY THE COMMISSION

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.

AMENDMENTS
BY PARLIAMENT

— include an analysis of the synergy effects and the financial

implications of any modification of the tasks; and

— take into account the views of the stakeholders at both

Community and national levels.

Amendment 43
Article 32, paragraph 1

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

transmit

1.
The Management Board shall examine the conclusions of
the evaluation referred to in Article 31(3) and (4) 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 evalu-
ation report and the recommendations to the European Parlia-
ment, the Council, the Economic and Social Committee and the
Committee of the Regions and make them public.

P6_TA(2006)0415

Fundamental Rights Agency — activities under Title VI TEU *

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 (COM(2005)
0280 — C6-0289/2005 — 2005/0125(CNS))

(Consultation procedure)

The proposal was amended as follows (1):

TEXT PROPOSED
BY THE COMMISSION

AMENDMENT BY PARLIAMENT

Amendment 1
Recital 3a (new)

(3a) The Agency's remit enables it to provide protection for
human rights not only in the field of terrorism and organised
crime but also in other fields, such as trafficking in persons,
offences against children, illicit drug and arms trafficking and
corruption and fraud, where measures can also weaken the
effectiveness of the protection of human rights.

(1) The matter was then referred back to committee pursuant to Rule 53(2) (A6-0282/2006).