Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights
Date: 2007-02-15
Institutions: Council of the European Union
Subjects: EU competence, EU office or agency, fundamental rights, human rights, operation of the Institutions

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 168/2007

of 15 February 2007

establishing a European Union Agency for Fundamental Rights

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 308 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the European Economic and
Social Committee (1),

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

Whereas:

(1)

(2)

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

The Charter of Fundamental Rights of
the European
Union (2), bearing in mind its status and scope, and the
accompanying explanations, reflects the rights as they
traditions
result,
and international obligations common to the Member
States, the Treaty on European Union, the Community

from the constitutional

in particular,

(3)

(4)

(5)

(6)

Treaties, the European Convention for the Protection of
the social
Human Rights and Fundamental Freedoms,
charters
adopted by the Community and by the
Council of Europe and the case law of the Court of
Justice of
the
European Court of Human Rights.

the European Communities

and of

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

to the

this objective

fundamental rights.

Greater knowledge of, and broader awareness of, funda-
rights issues in the Union are conducive to
mental
It would
ensuring full respect of
contribute
to
attainment of
establish a Community agency whose tasks would be
to 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
and European
societies, as expressed by Recommendation No R (97)
14 of the Committee of Ministers of the Council of
Europe of 30 September 1997.

international

the

the Member States, meeting
The Representatives of
within the European Council on 13 December 2003,
agreed to build upon the existing European Monitoring
Centre on Racism and Xenophobia established by Regu-
lation (EC) No 1035/97 (3) 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
in Vienna.

The Commission agreed and indicated its intention of
presenting a proposal
to amend Regulation (EC) No
1035/97 in that respect. The Commission subsequently
issued its Communication of 25 October 2004 on the
Fundamental Rights Agency, on the basis of which a
large public consultation was carried out.

(1) OJ C 88, 11.4.2006, p. 37.
(2) OJ C 364, 18.12.2000, p. 1.

(3) OJ L 151, 10.6.1997, p. 1. Regulation as amended by Regulation

(EC) No 1652/2003 (OJ L 245, 29.9.2003, p. 33).

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(7)

(8)

(9)

A European Union Agency for Fundamental Rights
should accordingly be established, building upon the
existing European Monitoring Centre on Racism and
to provide the relevant
Xenophobia,
institutions and
the Community and its Member States
authorities of
when implementing Community law 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.

It is recognised that the Agency should act only within
the scope of application of Community law.

The Agency should refer in its work to fundamental
rights within the meaning of Article 6(2) of the Treaty
on European Union, including the European Convention
on Human Rights and Fundamental Freedoms, and as
reflected in particular in the Charter of Fundamental
Rights, bearing in mind its status and the accompanying
explanations. The close connection to the Charter should
be reflected in the name of the Agency.

(10) As the Agency is to be built upon the existing European
Monitoring Centre on Racism and Xenophobia, the work
of the Agency should continue to cover the phenomena
of racism, xenophobia and anti-Semitism, the protection
of rights of persons belonging to minorities, as well as
gender equality, as essential elements for the protection
of fundamental rights.

(11)

(12)

(13)

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. Due to the political
is
Framework,
significance of
important that the Council
itself should adopt it, after
consulting the European Parliament on the basis of a
Commission proposal.

the Multiannual

it

should collect objective,

and
The Agency
reliable
comparable information on the development of
the
situation of fundamental rights, analyse this information
in terms of causes of disrespect, consequences and effects
and examine examples of good practice in dealing with
these matters.

The Agency should have the right to formulate opinions
to the Union institutions and to the Member States when
either on its own
implementing Community law,
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. Nevertheless, the institutions should be
able to request opinions on their legislative proposals

(14)

(15)

(16)

(17)

(18)

(19)

or positions taken in the course of legislative procedures
as far as their compatibility with fundamental rights are
concerned.

The Agency should present an annual report on funda-
mental rights issues covered by the areas of the Agency's
activity, also highlighting examples of good practice.
thematic
Furthermore,
reports on topics of particular
to the
Union's policies.

the Agency should produce

importance

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

different mechanisms

possibilities

and

The Agency should work as closely as possible with all
relevant Union institutions as well as the bodies, offices
and agencies of the Community and the Union in order
to avoid duplication, in particular as regards the future
European Institute for Gender Equality.

Since cooperation with the Member States is an essential
element for the successful performance of the tasks of
the Agency, it should cooperate closely with the Member
States through its different bodies, for the purpose of
which the Member States should nominate National
the
Liaison Officers, as primary contact points
in
Agency in the Member States. The Agency should,
particular,
communicate with the National Liaison
Officers as regards reports and other documents drawn
up by the Agency.

for

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 the conclusion of a bilateral coop-
eration agreement and the participation of an inde-
pendent person appointed by the Council of Europe in
the management structures of the Agency with appro-
priately defined voting rights.

fundamental rights,

Recognising the important role of civil society in the
protection of
the Agency should
promote dialogue with civil society and work closely
with non-governmental organisations and with insti-
tutions of civil society active in the field of fundamental
rights. It should set up a cooperation network called the
‘Fundamental Rights Platform’ with a view to creating a
structured and fruitful dialogue and close cooperation
with all relevant stakeholders.

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(20) Given the particular

functions of

the Agency, each
Member State should appoint one independent expert
to the Management Board. Having regard to the prin-
ciples relating to the status and functioning of national
institutions for the protection and promotion of human
rights (the Paris Principles),
that
Board should ensure the Agency's independence from
State
both Community
governments
possible
and
expertise in the field of fundamental rights.

and Member
broadest

institutions
assemble

the composition of

the

(21)

(22)

(23)

(24)

the Agency,

In order to ensure the high scientific quality of the work
of
itself of a
Scientific Committee in order to guide its work by
means of scientific objectivity.

the Agency should avail

The authorities appointing members of the Management
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 balanced representation of
women and men on the staff of the Agency.

rights,

fundamental

Considering the significant role played by the European
Parliament in the defence, mainstreaming and promotion
it should be involved in the
of
activities of the Agency,
including the adoption of the
Multiannual Framework for the Agency, and, given the
exceptional nature and task of the Agency, the selection
of the candidates proposed for the post of the Director
of
for other
Agencies.

the Agency without setting a precedent

The Agency should apply the relevant Community legis-
lation concerning public access to documents as set out
in Regulation (EC) No 1049/2001 of
the European
Parliament and of
the Council of 30 May 2001
regarding public access to European Parliament, Council
and Commission documents (1), the protection of indi-
viduals with regard to the processing of personal data as
set out in Regulation (EC) No 45/2001 of the European
Parliament and of the Council of 18 December 2000 on
the protection of
individuals with regard to the
processing of personal data by the Community insti-
tutions and bodies and on the free movement of such
data (2),
in
Regulation No 1 of 15 April 1958 determining the
languages
to be used by the European Economic
Community (3) and Regulation (EC) No 2965/94 of 28

and concerning languages

set out

as

(25)

(26)

(27)

(28)

November 1994 setting up a Translation Centre for
bodies of the European Union (4).

Commission Regulation (EC, Euratom) No 2343/2002 of
23 December 2002 on the framework Financial Regu-
lation 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 Communities (5)
should apply to the
Agency, as well as Regulation (EC) No 1073/1999 of
the European Parliament and of the Council of 25 May
the
investigations
1999 concerning
European Antifraud Office (OLAF) (6).

conducted by

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 should apply to the staff and
to the Director of
including their rules
the Agency,
relating to the dismissal of the Director.

The Agency should have legal personality and succeed
the European Monitoring Centre on Racism and Xeno-
phobia
financial
commitments or liabilities carried out by the Centre or
agreements made by
the
as
employment contracts with the staff of the Centre.

legal obligations,

the Centre

as well

regards

all

as

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 a
gradual alignment of their legislation with 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
process in the Western Balkans.

(29)

The Agency should initiate the necessary evaluations of
its activities in due time, on the basis of which the
Agency's scope, tasks and working methods could be
reviewed.

(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ L 8, 12.1.2001, p. 1.
(3) OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(4) OJ L 314, 7.12.1994, p. 1. Regulation as last amended by Regu-

lation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 136, 31.5.1999, p. 1.

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(30)

this Regulation, namely the
Since the objectives of
provision of comparable and reliable information and
data at European level in order to assist the Union insti-
tutions 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 Regu-
lation does not go beyond what is necessary in order to
achieve those objectives.

(31)

fundamental

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

(32) Nothing in this Regulation should be interpreted in such
a way as to prejudice the question of whether the remit
of the Agency may be extended to cover the areas of
police cooperation and judicial cooperation in criminal
matters.

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

the establishment of

HAS ADOPTED THIS REGULATION:

CHAPTER 1

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

Article 1

Subject matter

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

Article 2

Objective

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.

The Agency shall refer in carrying out its tasks to funda-
the Treaty on

2.
mental rights as defined in Article 6(2) of
European Union.

3.
The Agency shall deal with fundamental-rights issues in
the European Union and in its Member States when imple-
menting Community law.

Article 4

Tasks

To meet the objective set in Article 2 and within its

1.
competences 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 as well as bodies,
offices and agencies of
the Community and the Union,
research centres, national bodies, non-governmental organi-
sations, third countries and international organisations and
in particular by the competent bodies of the Council of
Europe;

(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,
including, where appropriate and compatible with its prio-
rities and its annual work programme, at the request of the
European Parliament, the Council or the Commission;

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
in
order to support them when they take measures or formulate

rights

(d) formulate and publish conclusions and opinions on specific
thematic topics, 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;

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(e) publish an annual

issues
covered by the areas of the Agency's activity, also high-
lighting examples of good practice;

report on fundamental-rights

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

surveys;

(g) publish an annual report on its activities; and

(h) develop a communication strategy and promote dialogue
in order to raise public awareness of
with civil society,
fundamental rights and actively disseminate information
about its work.

2.
The conclusions, opinions and reports referred to in
paragraph 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
a request by the respective institution has been made in
accordance with paragraph 1(d). They shall not deal with the
legality of acts within the meaning of Article 230 of the Treaty
or with the question of 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

The Council

shall, acting on a proposal

1.
from the
Commission and after consulting the European Parliament,
the Agency. When
adopt
preparing its proposal,
the
Management Board.

a Multiannual Framework for

the Commission shall consult

2.

The Framework shall:

(a) cover five years;

(b) determine the thematic areas of the Agency's activity, which
include the fight against racism, xenophobia and

must
related intolerance;

(c) be in line with the Union's priorities, taking due account of
the orientations resulting from European Parliament reso-
lutions and Council conclusions in the field of fundamental
rights;

(d) have due regard to the Agency's financial and human

resources; and

offices and agencies, as well as with the Council of
Europe and other international organisations active in the
field of fundamental rights.

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

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

4.
Annual Work Programme
available financial and human resources.

and with due

CHAPTER 2

WORKING METHODS AND COOPERATION

Article 6

Working methods

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

(a) set up and coordinate information networks and use

existing networks;

(b) organise meetings of external experts; and

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

In pursuing its activities, the Agency shall,

2.
in order to
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) Union institutions and bodies, offices and agencies of the
Community and the Union, and bodies, offices and agencies
of the Member States;

(b) the Council of Europe, by referring to the findings and
activities of
the Council of Europe's monitoring and
control mechanisms and of the Council of Europe Commis-
sioner for Human Rights; and

(e)

include provisions with a view to ensuring complementarity
with the remit of other Community and Union bodies,

(c)

the Organisation for Security and Cooperation in Europe
(OSCE), the United Nations and other international organi-
sations.

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into contractual

The Agency may enter

3.
particular
sations,
entrust
promote
particular
referred to in Articles 8 and 9.

in
subcontracting arrangements, with other organi-
to accomplish any tasks which it may
to
in
as

in order
to them. The Agency may also award grants
ventures,
and international organisations

appropriate
to national

cooperation and joint

relations,

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 coop-
eration shall be laid down in memoranda of understanding
where appropriate.

Article 8

Cooperation with organisations at Member State and
international level

1.
In order to ensure close cooperation with Member States,
each Member State shall nominate a government official as a
National Liaison Officer, who shall be the main contact point
for the Agency in the Member State. The National Liaison
Officers may,
inter alia, submit opinions on the draft Annual
Work Programme to the Director prior to its submission to the
Management Board. The Agency shall communicate to the
National Liaison Officers all documents drawn up in accordance
with Article 4(1)(a), (b), (c), (d), (e), (f), (g) and (h).

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

2.
with:

(a) governmental organisations and public bodies competent in
rights in the Member States,

the field of
including national human rights institutions; and

fundamental

(b) the Organisation for Security and Cooperation in Europe
(OSCE), especially the Office for Democratic Institutions
and Human Rights
the United Nations and
other international organisations.

(ODIHR),

3.
The administrative arrangements for cooperation pursuant
to paragraph 2 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 Commission expresses its disagreement
with these arrangements
re-
examine and adopt them, with amendments where necessary,
by a two-thirds majority of all members.

the Management Board shall

Article 9

Cooperation with the Council of Europe

In order to avoid duplication and in order to ensure comple-
the Agency shall coordinate its
mentarity and added value,
the Council of Europe, particularly
activities with those of
with regard to its Annual Work Programme pursuant
to
Article 12(6)(a) and cooperation with civil society in accordance
in
with Article 10. To that end,
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
include the
appointment of an independent person by the Council of
Europe, to sit on the Agency's Management Board and on its
Executive Board, in accordance with Articles 12 and 13.

the Community shall,

shall

Article 10

Cooperation with civil

society;

Fundamental Rights

Platform

rights

in the

field of

fundamental

1.
The Agency shall closely cooperate with non-govern-
mental organisations and with institutions of civil society,
active
including the
combating of racism and xenophobia at national, European or
level. To that end, the Agency shall establish a
international
cooperation
Platform),
composed of non-governmental organisations dealing with
trade unions and employer's organisations,
human rights,
relevant
churches,
social
religious, philosophical and non-confessional organisations,
universities and other qualified experts of European and inter-
national bodies and organisations.

and professional organisations,

(Fundamental

network

Rights

The Fundamental Rights Platform shall

2.
constitute a
mechanism for the exchange of information and pooling of
knowledge.
shall ensure close cooperation between the
Agency and relevant stakeholders.

It

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

The Agency shall call upon the Fundamental Rights

4.
Platform in particular, to:

(a) make suggestions to the Management Board on the Annual
to Article

Work Programme to be adopted pursuant
12(6)(a);

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

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(c) communicate

of
conferences, seminars and meetings relevant to the work
of the Agency to the Director and the Scientific Committee.

recommendations

outcomes

and

The Fundamental Rights Platform shall be coordinated

5.
under the authority of the Director.

CHAPTER 3

ORGANISATION

Article 11

Bodies of the Agency

The Agency shall comprise:

(a) a Management Board;

(b) an Executive Board;

(c) a Scientific Committee; and

(d) a Director.

Article 12

Management Board

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

(a) one independent person appointed by each Member State,
having high level responsibilities in an independent national
human rights institution or other public or private sector
organisation;

(b) one independent person appointed by the Council of

Europe; and

(c)

two representatives of the Commission.

2.
Each member of the Management Board may be repre-
sented by an alternate member meeting the above requirements
and appointed by the same procedure. The list of the members
and alternate 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 and alternate members
3.
of the Management Board shall be five years. It shall not be
renewable.

4.
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
alternate member no longer meets the criteria of independence,
he or she shall
forthwith inform the Commission and the
Director of the Agency. The party concerned shall appoint a
new member or a new alternate member for the remaining
term of office. The party concerned shall also appoint a new
member or a new alternate member for the remaining term of
office,
if the Management Board has established, based on a
proposal of one third of its members or of the Commission,
that
the respective member or alternate member no longer
meets the criteria of independence. Where the remaining term
of office is less than two years, the mandate of the new member
or alternate member may be extended for a full term of five
years.

5.
The Management Board shall elect its Chairperson and
Vice-Chairperson and the other two members of the Executive
Board referred to in Article 13(1) from its members appointed
pursuant to paragraph 1(a) to serve for a two-and-a-half year
term, which may be renewed once.

The Management Board shall ensure that

6.
performs the tasks entrusted to it.
planning and monitoring body. In particular, it shall:

the Agency
It shall be the Agency's

(a) adopt the Agency's Annual Work Programme in accordance
with the Multiannual Framework, on the basis of the draft
submitted by the Agency's Director after the Commission
and the Scientific Committee have delivered an opinion. The
Annual Work Programme shall be in accordance with the
available financial and human resources and shall take into
account the research and statistical work of the Community.
The Annual Work Programme shall be transmitted to the
European Parliament, the Council and the Commission;

the

(b) adopt the annual reports referred to in Article 4(1)(e) and
in particular, the results
(g), comparing in the latter one,
annual work
of
achieved with
objectives
programme; without prejudice
the
to Article 14(5),
Scientific Committee shall be consulted before adoption of
the report referred to in Article 4(1)(e); the reports shall be
than 15 June to the European
transmitted not
Parliament,
the Court of
Auditors, the European Economic and Social Committee
and the Committee of the Regions;

the Commission,

the Council,

later

the

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

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

shall convene extraordinary meetings on his or her own
initiative or at
the
the request of at
members of the Management Board.

least one third of

(e) exercise the powers laid down in Article 24(2) in respect of
the Director and 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 20(5);

(g) adopt the Agency's rules of procedure on the basis of the
draft submitted by the Director after the Commission, the
Scientific Committee
and the person mentioned in
paragraph 1(b) have delivered an opinion;

(h) adopt the financial rules applicable to the Agency on the
basis of
the draft submitted by the Director after the
Commission has delivered an opinion, in accordance with
Article 21(11);

(i) adopt the necessary measures to implement the Staff Regu-
lations of officials of the European Communities and the
the
Conditions of Employment of other
in accordance with Article 24(3);
European Communities,

servants of

(j) adopt

the arrangements on transparency and access to

documents in accordance with Article 17(2);

(k) appoint

the Scientific
Committee in accordance with Article 14(1) and (3); and

the members of

and revoke

(l) establish that a member or an alternate member of the
Management Board no longer meets the criteria of inde-
pendence, in accordance with paragraph 4.

10.
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
relevant
of
Board
Community agencies and Union bodies as well as of other
international bodies mentioned in Articles 8 and 9 may also
attend as observers when invited by the Executive Board.

The Directors

observers.

other

as

Article 13

Executive Board

1.
The Management Board shall be assisted by an Executive
Board. The Executive Board shall be made up of the Chair-
person and the Vice-Chairperson of the Management Board,
two other members of the Management Board elected by the
Management Board in accordance with Article 12(5) and one of
the representatives of
the Commission in the Management
Board. The person appointed by the Council of Europe in the
the
Management Board may participate in the meetings of
Executive Board.

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.

The Director shall

3.
Executive Board, without voting rights.

take part

in the meetings of

the

7.
The Management Board may delegate its responsibilities to
the Executive Board except for matters referred to in points (a),
(b), (c), (d), (e), (g), (h), (k) and (l) of paragraph 6.

Article 14

Scientific Committee

shall be required, and as

Decisions by the Management Board shall be taken by a
8.
simple majority of the votes cast, except as regards the decisions
referred to in paragraph 5 and points (a), (b), (c), (d), (e), (g), (k)
and (l) of paragraph 6, where a two-thirds majority of all
members
the decisions
referred to in Article 25(2), where the Management Board
shall act by unanimity. 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) and (k) of paragraph 6.

regards

9.
The Chairperson shall convene the Board twice a year,
without prejudice to extraordinary meetings. The Chairperson

rights. The Management Board shall appoint

The Scientific Committee shall be composed of eleven
1.
funda-
independent persons, highly qualified in the field of
the
mental
members following a transparent call
for applications and
selection procedure after having consulted the competent
the European Parliament. The Management
committee of
representation. The
even geographical
Board shall
members of the Management Board shall not be members of
the Scientific Committee. The rules of procedure referred to in
Article 12(6)(g) shall lay down the detailed conditions governing
the appointment of the Scientific Committee.

ensure

The term of office of

2.
Committee shall be five years. It shall not be renewable.

the members of

the Scientific

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The members of the Scientific Committee shall be inde-
3.
pendent. 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
criteria of independence, he or she shall forthwith inform the
Commission and the Director of the Agency. Alternatively the
Management Board may declare, on a proposal of one third of
its members or of the Commission, a lack of independence and
revoke the person concerned. The Management Board shall
appoint a new member for the remaining term of office in
accordance with the procedure for ordinary members. Where
the remaining term of office is less than two years, the mandate
of the new member may be extended for a full term of 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.

(b) the European Parliament and the Council of the European
Union will then give their opinions and state their orders of
preference;

(c)

the Management Board will appoint
these opinions into account.

the Director taking

3.

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

In the course of the nine months preceding the end of this
period, the Commission shall undertake an evaluation. In this
evaluation, the Commission shall assess in particular:

The Scientific Committee shall elect its Chairperson and

4.
Vice-Chairperson for a term of office of one year.

(a)

the performance of the Director; and

(b) the Agency's duties and requirements in the coming years.

5.
The Scientific Committee shall be the guarantor of the
scientific quality of the Agency's work, guiding the work to
that effect. For that purpose, the Director shall
involve the
Scientific 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), and (h).

taking account of

from the
The Management Board, acting on a proposal
Commission,
the evaluation report, and
only in those cases where it can be justified by the duties and
the requirements of the Agency, may extend the term of office
of the Director once for not more than three years.

The Scientific Committee shall pronounce itself by two
6.
thirds majority. It shall be convened by its Chairperson four
times per year.
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.

If necessary, the Chairperson shall

The Management Board shall inform the European Parliament
and the Council about its intention to extend the Director's
mandate. Within a delay of one month before the Management
Board formally takes its decision to extend this mandate, the
Director may be asked to make a declaration before the
the European Parliament and to
competent committee of
answer questions from its members.

Article 15

Director

If the term of office is not extended, the Director shall remain in
office until the appointment of his/her successor.

1.
The Agency shall be headed by a Director appointed by
the Management Board in accordance with a cooperation
(concertation) procedure provided for in paragraph 2.

4.

The Director shall be responsible for:

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.

the

(a) performance of the tasks referred to in Article 4 and in
particular
the
documents drawn up in accordance with Article 4(1) (a),
(b),
in cooperation with the
(f),
(d),
Scientific Committee;

(g) and (h)

preparation

publication

and

(c),

(e),

of

2.

This cooperation procedure shall be as follows:

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

Work Programme;

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

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

staff of the powers laid down in Article 24(2);

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

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(e)

implementation of the Agency's budget, in accordance with
Article 21;

(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
report annually to the
shall
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 10.

5.
The Director shall perform his/her tasks independently. He
or she shall be accountable for the management of his/her
activities to the Management Board and shall participate in its
meetings without voting rights.

6.
The Director may be called upon at any time by the
European Parliament or by the Council to attend a hearing
on any matter linked to the Agency's activities.

7.
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 or of the Commission.

CHAPTER 4

OPERATION

Article 16

Independence and public interests

1.

The Agency shall fulfil its tasks in complete independence.

the members of

The members and alternate members of the Management
2.
Board,
the Scientific Committee and the
Director shall undertake to act in the public interest. 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 inde-
pendence. The statement shall be made in writing when taking
office and shall be revised if changes occur with regard to the
interests. It shall be published by the Agency on its website.

The Management Board shall, within six months of the
2.
commencement of the Agency's operation, adopt specific rules
for the practical
implementation of paragraph 1. These shall
include, inter alia, rules on:

(a) openness of meetings;

(b) publication of the work of the agency, including the work

of the Scientific Committee; and

(c) arrangements to implement Regulation (EC) No 1049/2001.

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 18

Data protection

Regulation (EC) No 45/2001 shall apply to the Agency.

Article 19

Review by the Ombudsman

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

CHAPTER 5

FINANCIAL PROVISIONS

Article 20

Drawing up of the budget

Estimates of all

the revenue and expenditure of

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

The revenue and expenditure shown in the budget of the

2.
Agency shall be in balance.

Article 17

Transparency and access to documents

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

The Agency shall develop good administrative practices in
transparency

to ensure the highest possible level of

1.
order
concerning its activities.

This revenue may be complemented by:

Regulation (EC) No 1049/2001 shall apply to documents held
by the Agency.

(a) payments received for services rendered in the framework of

the implementation of tasks listed in Article 4; and

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(b) financial contributions from the organisations or countries

referred to in Articles 8, 9 and 28.

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

By 1 March at the latest following each financial year, the
2.
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 conso-
lidate the provisional accounts of the institutions and decen-
tralised bodies in accordance with Article 128 of Council Regu-
lation (EC, Euratom) No 1605/2002 (1)
(the Financial Regu-
lation).

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.
include a draft establishment plan,
This estimate, which shall
shall be
transmitted by the Management Board to the
Commission by 31 March at the latest.

The estimate shall be transmitted by the Commission to
the
together with the preliminary draft

6.
the European Parliament and the Council
budgetary authority)
budget of the European Union.

(hereinafter

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.

It shall become final

The Agency's budget shall be adopted by the Management
9.
Board.
the
general budget of the European Union. Where appropriate, it
shall be adjusted accordingly.

following the adoption of

The Management Board shall, as soon as possible, notify
10.
its intention to implement any
the budgetary authority of
project which may have significant financial
implications for
the funding of the Agency's 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 noti-
fication of the project.

Article 21

Implementation of the budget

Not later than 31 March following each financial year, the
3.
Commission's accounting officer shall
the Agency's
provisional accounts to the Court of Auditors, together with a
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.

transmit

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.

The Management Board shall deliver an opinion on the

5.
Agency's final accounts.

The Director shall, not later than 1 July following each
the final accounts to the European
the Commission and the Court of

6.
financial year,
Parliament,
Auditors, together with the Management Board's opinion.

transmit
the Council,

7.

The final accounts shall be published.

8.
The Director shall send the Court of Auditors a reply to
its observations not later than 30 September. He/she shall also
send this reply to the Management Board.

The Director shall submit to the European Parliament, at
9.
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.

1.

The Director shall implement the Agency's budget.

(1) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

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

Article 22

Combating fraud

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

shall

to the

The Agency

2.
Inter-institutional
accede
Agreement of 25 May 1999 between the European Parliament,
the Council of the European Union and the Commission of the
investigations by
European Communities concerning internal
the European Anti-fraud Office (OLAF) (1) 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.

CHAPTER 6

GENERAL PROVISIONS

Article 23

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.

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

(1) OJ L 136, 31.5.1999, p. 15.

Article 24

Staff

1.
The Staff Regulations of officials of the European Commu-
nities, 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.

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 authority
entitled to conclude contracts by the Conditions of Employment
of other servants of the European Communities.

The Management Board shall,

in agreement with the
3.
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.

Article 25

Language arrangements

The provisions of Regulation No 1 of 15 April 1958 shall

1.
apply to the Agency.

The Management Board shall decide on the internal

2.
language arrangements for the Agency.

3.
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 26

Privileges and immunities

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

Article 27

Jurisdiction of the Court of Justice

The contractual liability of the Agency shall be governed

1.
by the law applicable to the contract in question.

The Court of Justice shall have jurisdiction pursuant to an arbi-
tration clause contained in a contract concluded by the Agency.

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In the case of non-contractual liability, the Agency shall,
2.
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.

The Court of

3.
Justice shall have jurisdiction in actions
brought against the Agency under the conditions provided for
in Articles 230 and 232 of the Treaty.

Article 28

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

The Agency shall be open to the participation of candidate

1.
countries as observers.

2.
The participation and the respective modalities shall be
determined by a decision of the relevant Association Council,
taking into account the specific status of each country. The
indicate in particular the nature, extent and
decision shall
manner
in which these countries will participate in the
Agency's work, within the framework set in Articles 4 and 5,
relating to participation in initiatives
including provisions
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 Commu-
nities 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
12(1)(a) as observer to the Management Board without right
to vote. Upon the decision of
the
Agency may deal with fundamental rights issues within the
scope of Article 3(1) in the respective country, to the extent
necessary for the gradual alignment to Community law of the
country concerned.

the Association Council

3.
The Council, acting unanimously on a proposal by the
Commission, may decide to invite a country with which a
Stabilisation and Association Agreement has been concluded
by the European Community to participate in the Agency as
an observer. In that case, paragraph 2 shall apply accordingly.

CHAPTER 7

FINAL PROVISIONS

Article 29

Transitional arrangements

2. With regard to the appointment of
Board:

the Management

(a)

the Commission shall take the necessary measures without
delay after the entry into force of this Regulation to ensure
that the Management Board established in accordance with
Article 12 starts its work in due course;

(b) within four months from the date of entry into force of this
Regulation the Member States shall notify the Commission
of the names of the persons whom they have appointed as
member and alternate member of the Management Board,
in accordance with Article 12(1) and (2). After the expiry of
this period, the Commission shall convene the Management
Board, provided that at
least 17 members have been
appointed. In such a case and by way of derogation from
Article 12(8), the decisions of the Management Board shall
be taken by a two thirds majority of
the
appointed members. Once 23 members of the Management
Board have been appointed, Article 12(8) shall apply;

the votes of

(c)

in the first meeting of the Management Board, after all
appointments have been completed, the Commission shall
choose by lot 15 members of
the Management Board,
whose duties are to end, by way of derogation from
Article 12(4), upon expiry of the first three years of their
term of office.

The parties concerned shall

the procedure for
3.
appointing a Director of
in
Article 15(1) without delay after the entry into force of this
Regulation.

the Agency as provided for

start

4.
Pending the establishment of the Management Board in
accordance with paragraph 2(b) and Article 12(1) and (2), the
Commission shall convene an interim Management Board
consisting of the persons, currently appointed by the Member
the Council of Europe and the Commission to the
States,
Management Board of the Centre on the basis of Article 8 of
Regulation (EC) No 1035/97.

The interim Management Board shall have the mandate to:

(a)

issue an opinion on a proposal
from the Commission
concerning the text of the call for candidates for the post
of Director in accordance with Article 15(1) in order to start
the selection procedure;

(b) appoint, acting on a proposal from the Commission, an
the
extend the
the Centre for the shortest possible period,
in

interim Director or
Director of
during
the
paragraph 3;

appointment

procedure

term of

referred

current

to

1.
The term of office of the members of the Management
Board of the European Monitoring Centre on Racism and Xeno-
phobia (the Centre) shall terminate on 28 February 2007.

(c) adopt the Agency's budget for the year 2007 in accordance
with Article 20(9) and a draft budget for year 2008 in
accordance with Article 20(5); and

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(d) adopt the annual report on the Centre's own activities for

2006, in accordance with Article 12(6)(b).

subsequent external evaluations, which shall be carried out
periodically.

5.
Until the first Multiannual Framework for the Agency has
been adopted in accordance with Article 5(1), the Agency shall
carry out its tasks in the thematic areas of the fight against
racism, xenophobia and related intolerance referred to in
Article 5(2)(b), without prejudice to the second sentence of
Article 5(3).

Article 30

Evaluations

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

The Agency shall

2.
authority any information relevant
evaluation procedures.

forward annually to the budgetary
the

to the outcome of

Not

later than 31 December 2011,

3.
the Agency shall
its
commission an independent
achievements during the first five years of operations on the
basis of terms of reference issued by the Management Board in
agreement with the Commission. This evaluation shall:

evaluation of

external

(a)

take into account the tasks of the Agency, the working
practices and impact of the Agency on the protection and
promotion of fundamental rights;

Article 31

Review

1.
The Management Board shall examine the conclusions of
the evaluations referred to in Article 30(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
the
transmit
evaluation reports and recommendations
to the European
the European Economic and Social
Parliament,
the Council,
the Regions and make
Committee and the Committee of
them public.

its mission. The Commission shall

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

Article 32

Commencement of the Agency’s operation

The Agency shall become operational by 1 March 2007.

Article 33

Repeal

Regulation (EC) No 1035/97 is hereby repealed with effect

1.
from 1 March 2007.

(b) assess the possible need to modify the Agency's tasks, scope,

areas of activity or structure;

References to the repealed Regulation shall be construed

2.
as references to this Regulation.

(c)

include an analysis of the synergy effects and the financial
implications of any modification of the tasks; and

(d) take into account the views of the stakeholders at both

Community and national levels.

4.
Commission,

The Management

Board,

shall determine

in
the

agreement with

the
and scope of

timing

Article 34

Entry into force and application

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

It shall apply with effect from 1 March 2007.

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

Done at Brussels, 15 February 2007.

For the Council
The President

W. SCHÄUBLE