Council Decision of 19 April 2007 establishing for the period 2007-2013 the specific programme Fundamental rights and citizenship as part of the General programme Fundamental Rights and Justice
Date: 2007-04-19
Institutions: Council of the European Union
Subjects: EU programme, European citizenship, action programme, antisemitism, human rights, racism

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Official Journal of the European Union

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

COUNCIL DECISION

of 19 April 2007
establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’
as part of the General programme ‘Fundamental Rights and Justice’

(2007/252/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

to the European project by encouraging an active citi-
zenship.

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

establishing the European

(4)

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

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, principles which are
common to the Member States.

in particular,

from the constitutional

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
result,
traditions
and international obligations common to the Member
States, the Treaty on European Union, the Community
Treaties, the European Convention for the Protection of
Human Rights and Fundamental Freedoms,
the social
adopted by the Community and by the
charters
the Court of
Council of Europe and the case-law of
the
and of
the European Communities
Justice of
European Court of Human Rights.

(5)

(6)

In its Communication of 15 October 2003 to the
Council and the European Parliament on Article 7 of
the Treaty on European Union,
the Commission
underlined the importance of the role that civil society
plays both in protecting and promoting fundamental
rights;
the Commission therefore should establish an
open, transparent and regular dialogue with civil society.

strengthening
According to The Hague Programme,
mutual
to
effort
cooperation requires
improve mutual understanding among judicial authorities
systems. European networks of
and different
national public
special
should
attention and support in this respect.

an explicit

authorities

deserve

legal

The Conference of the European Constitutional Courts
the Councils of State and
and the Association of
Supreme Administrative Jurisdictions of
the European
Union contribute,
in particular by maintaining relevant
databases, to an exchange of views and experience on
matters concerning the case-law, organisation and func-
tioning of their Members in the performance of their
judicial
to
Community law. It ought to be possible to co-finance
the activities of the Conference and the Association to
the extent that the expenditure is incurred in pursuing an
objective of general European interest. However, such co-
financing should not
imply that a future programme
would cover such networks, nor should it prejudice
other European networks from benefiting from support
to their activities in accordance with this Decision.

functions with

advisory

regard

and

(3)

In November 2004 the European Council recognised the
importance of communication to bring all persons close

(7)

(1) Opinion delivered on 14 December 2006 (not yet published in the

Official Journal).

(2) OJ C 364, 18.12.2000, p. 1.

It is appropriate to stress the importance of information
and communication with respect to the rights that citi-
zenship of the Union confers on its citizens to improve
their awareness of their rights and to provide them with
easy access to reliable information.

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(8)

(9)

Fostering an interfaith and multicultural dialogue at the
level of
the European Union would contribute to
preserving and strengthening peace and fundamental
rights.

(13)

The objectives of
the programme should be comple-
mentary to those of the European Union Agency for
Fundamental Rights established by Regulation (EC) No
168/2007 (1), and should focus on those areas where
European added-value can be engendered. Appropriate
coordination should be undertaken to these ends.

Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 on the Financial Regulation applicable to the
general budget of the European Communities (5), here-
inafter ‘the Financial Regulation’, and Commission Regu-
lation (EC, Euratom) No 2342/2002 of 23 December
2002 laying down detailed rules for the implementation
of Council Regulation (EC, Euratom) No 1605/2002 (6),
which safeguard the Community’s
interests,
should be applied taking into account the principles of
simplicity and consistency in the choice of budgetary
instruments, a limitation on the number of cases where
the Commission retains direct responsibility for their
implementation and management, and the required
proportionality between the amount of resources and
the administrative burden related to their use.

financial

any duplication between the

(10) With a view to achieving complementarity and guaran-
it should be
teeing the best possible use of resources,
ensured that
actions
supported by the programme and the activities of inter-
national organisations competent in the field of funda-
mental rights, such as the Council of Europe, is avoided,
while permitting joint activities for the achievement of
the objectives of the programme. Appropriate coordi-
nation should be undertaken to these ends.

(11) According to the principle of opening the Community
programmes
to the candidate countries and to the
countries of the Western Balkans, as enshrined in the
Thessaloniki Agenda,
the programme should be open
to the participation of the acceding countries, candidate
countries and the Western Balkan countries. Such parti-
general
cipation
conditions of bilateral agreement and contribution to
the programme budget. When it serves the objectives
of the action concerned, it should also be possible for
authorities, bodies or non-governmental organisations of
countries not participating in the programme to be asso-
ciated to individual actions as partners, without however
them being the main beneficiaries of the project.

necessitate

fulfilling

should

the

(12) Appropriate measures should also be taken to prevent
irregularities and fraud and the necessary steps should
be taken to recover funds lost, wrongly paid or incor-
rectly used in accordance with Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the
protection of
financial
interests (2), Council Regulation (Euratom, EC) No
2185/96 of 11 November 1996 concerning on-the-
spot
the
Commission (3) and Regulation (EC) No 1073/1999 of
the European Parliament and of the Council of 25 May
1999 concerning
the
investigations
European Anti-Fraud Office (OLAF) (4).

the European Communities’

carried out by

and inspections

conducted by

checks

(1) OJ L 53, 22.2.2007, p. 1.
(2) OJ L 312, 23.12.1995, p. 1.
(3) OJ L 292, 15.11.1996, p. 2.
(4) OJ L 136, 31.5.1999, p. 1.

(14)

The Financial Regulation requires a basic act
provided to cover operating grants.

to be

(15)

(16)

In accordance with Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (7),
measures for the implementation of this Decision should
be adopted, with a distinction being made between those
to the management
measures which are
subject
committee procedure and those which are subject
to
advisory
the
committee being in certain cases, with a view to
increased efficiency, the more appropriate.

committee

procedure,

advisory

the

The objectives of the programme, namely support to civil
society associations, the fight against racism, xenophobia
and anti-Semitism, the protection of fundamental rights
and the protection of the Rights of the Citizen, through
an interfaith and multicultural dialogue cannot be suffi-
ciently achieved by the Member States and can therefore,
by reason of the scale or impact of the programme, be
better achieved at Community level. The Community
may adopt measures in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality, as set
out in that Article, this Decision does not go beyond
what is necessary to achieve those objectives.

(17)

The Treaty does not provide, for the adoption of this
Decision, powers other than those under Article 308.

(5) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation

(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(6) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).
(7) OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(18)

In order to ensure the effective and timely implemen-
tation of
this Decision should apply
from 1 January 2007.

the programme,

The general objectives of the programme shall contribute
3.
to the development and implementation of Community policies
in full compliance with fundamental rights.

(19)

The Economic and Social Committee has delivered an
opinion (1),

Article 3

Specific objectives

HAS DECIDED AS FOLLOWS:

The programme shall have the following specific objectives:

Article 1

Creation of the programme

This Decision establishes the programme ‘Fundamental
1.
‘the
Rights
programme’, as part of the general programme ‘Fundamental
Rights and Justice’.

and Citizenship’, hereinafter

referred to as

The programme shall cover the period from 1 January

2.
2007 to 31 December 2013.

The Programme shall be implemented within the scope of

3.
application of Community law.

Article 2

General objectives

The programme

1.
objectives:

shall have

the

following

general

(a)

to promote the development of a European society based
on respect for fundamental rights as recognised in Article
6(2) of
including rights
derived from citizenship of the Union;

the Treaty on European Union,

(a)

to promote fundamental rights as recognised in Article 6(2)
of the Treaty on European Union and to inform all persons
of their rights including those derived from citizenship of
the Union, in order to encourage Union citizens to parti-
cipate actively in the democratic life of the Union;

(b) to examine, where necessary, respect

for specific funda-
mental
rights in the European Union and its Member
States when implementing Community law, and to obtain
opinions on specific questions related to fundamental rights
within this scope;

(c)

to support non-governmental organisations
and other
bodies from civil society in order to enhance their capability
to participate actively in the promotion of
fundamental
rights, the rule of law and democracy;

(d) to create relevant structures in order to foster an interfaith
the European

the level of

and multicultural dialogue at
Union.

Article 4

Actions

(b) to strengthen civil society and to encourage an open, trans-
parent and regular dialogue with it in respect of funda-
mental rights;

With a view to pursuing the general and specific objectives set
out
the
in Articles 2 and 3,
following types of actions:

the programme will support

(c)

to fight against racism, xenophobia and anti-Semitism and
to promote a better
interfaith and intercultural under-
standing and improved tolerance throughout the European
Union;

(d) to improve the contacts, exchange of

information and
networking between legal, judicial and administrative autho-
rities and the legal professions, including by way of support
to judicial training, with the aim of better mutual under-
standing among such authorities and professionals.

(a) specific actions taken by the Commission, such as studies
and research, opinion polls and surveys,
formulation of
indicators and common methodologies, collection, devel-
opment and dissemination of data and statistics, seminars,
conferences and expert meetings, organisation of public
campaigns and events; development and maintenance of
websites, preparation and dissemination of
information
material, support
for and management of networks of
national experts, analytical, monitoring and evaluation
activities;

The general objectives of

the programme are comple-
2.
mentary to the objectives pursued by the European Union
Agency for Fundamental Rights established by Regulation (EC)
No 168/2007.

(1) OJ C 69, 21.3.2006.

(b) specific

trans-national projects of Community interest
presented by an authority or any other body of a Member
State, an international or non-governmental organisation,
and involving in any case at least two Member States or
at least one Member State and one other state which may
either be an acceding country or a candidate country, under
the conditions set out in the annual work programmes;

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(c) support to the activities of non-governmental organisations
or other entities pursuing an aim of general European
interest in accordance with the general objectives of the
programme under the conditions set out
in the annual
work programmes;

research institutes, non-governmental organisations, national,
regional and local authorities,
international organisations and
other not-for-profit organisations established in the European
Union or in one of the countries participating, pursuant to
Article 5.

(d) operating grants to co-finance expenditure associated with
the permanent work programme of the Conference of the
European Constitutional Courts and the Association of the
Councils of State and Supreme Administrative Jurisdictions
of the European Union, which maintains certain databases
collection of national
providing for
judgments relating to the implementation of Community
law, insofar as the expenditure is incurred in pursuing an
objective of general European interest by promoting
exchanges of views and experience on matters concerning
the case-law, organisation and functioning of their members
in the performance of
judicial and/or advisory
their
functions with regard to Community law.

a European-wide

The programme shall permit joint activities with interna-
2.
fundamental
tional organisations competent
rights, such as the Council of Europe, on the basis of joint
rules
contributions
prevailing
the
achievement of the objectives of the programme.

and in accordance with the various

in each institution or organisation,

in the field of

for

Article 8

Types of intervention

1.

Community funding may take the following legal forms:

Article 5

(a) grants;

Participation of third countries

in the actions of

The following countries, hereinafter referred to as ‘partici-
1.
pating countries’, may participate
the
programme: acceding countries, candidate countries and the
Western Balkan countries included in the stabilisation and asso-
ciation process, in accordance with the conditions laid down in
the association agreements or their additional protocols relating
to participation in Community programmes concluded or to be
concluded with those countries.

2.
Actions under Article 4 may associate authorities, bodies
or non-governmental organisations of countries not partici-
pating in the programme pursuant to paragraph 1, where this
would contribute to the preparation for accession of
the
countries referred to in paragraph 1 or serve the objectives of
the actions concerned.

Article 6

Target groups

The programme is targeted at European Union citizens, citizens
of participating countries or third country nationals legally
residing within the European Union territory and civil society
associations, among other groups active in promoting the
objectives of the programme.

Article 7

Access to the programme

Access to the programme shall be open,

1.
to
institutions and public or private organisations, universities,

inter alia,

(b) public procurement contracts.

Community grants shall be awarded following calls for
2.
proposals,
save in duly substantiated exceptional cases as
provided for in the Financial Regulation and shall be provided
through operating grants and grants to actions. The maximum
rate of co-financing will be specified in the annual work
programmes.

Furthermore, expenditure is foreseen for accompanying
3.
measures,
in which
through public procurement contracts,
case Community funds will cover the purchase of goods and
services. This will cover, inter alia, expenditure on information
and communication, preparation, implementation, monitoring,
checking and evaluation of projects, policies, programmes and
legislation.

Article 9

Implementing measures

The Commission shall

1.
Assistance in accordance with the Financial Regulation.

implement

the Community

In order to implement the programme, the Commission
2.
shall, within the limits of
in
Article 2, adopt an annual work programme specifying its
specific objectives, thematic priorities, a description of accom-
panying measures envisaged in Article 8 and if necessary a list
of other actions.

the general objectives set out

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The

3.
accordance with the procedure set out in Article 10(3).

annual work programme

shall be

adopted in

Article 10

Committee

The evaluation and award procedures relating to grants to
4.
actions shall take into account, inter alia, the following criteria:

The Commission shall be assisted by a Committee (here-

1.
inafter referred to as the Committee).

(a) conformity with the annual work programme, the general
objectives as specified in Article 2 and measures taken in
the different domains as specified in Articles 3 and 4;

(b) quality of

the proposed action regarding its conception,

organisation, presentation and expected results;

(c) amount requested for Community financing and its appro-

priateness as to expected results;

(d) impact of the expected results on the general objectives
taken in the

defined in Article 2 and on measures
different domains as specified in Articles 3 and 4.

The applications for operating grants, referred to in Article

5.
4(b) and (c), shall be assessed in the light of:

(a) consistency with the programme objectives;

(b) quality of the planned activities;

(c)

likely multiplier effect on the public of these activities;

(d) geographic impact of the activities carried out;

(e) citizen involvement

in the organisation of

the bodies

concerned;

(f) cost/benefit ratio of the activity proposed.

6.
The Decisions related to actions submitted under Article
4(b) and (c) shall be taken by the Commission in accordance
with the procedure referred to in Article 10(2).

Pursuant to Article 113(2) of the Financial Regulation, the
7.
principle of gradual reduction shall not apply to the operating
grant given to the Conference of the European Constitutional
Courts and the Association of
the Council of States and
Supreme Administrative Jurisdictions of the European Union
insofar as they pursue an objective of general European interest.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

3. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

4.

The Committee shall adopt its Rules of Procedure.

Article 11

Complementarity

shall be

sought, particularly the

Synergies and complementarity with other Community
1.
instruments
Framework
programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity
and Management of Migration Flows’, as well as the programme
‘Progress’. Complementarity with the European Union Agency
for Fundamental Rights shall be secured. The statistical element
of information on fundamental rights and citizenship shall be
developed in collaboration with Member States, on the basis of
available data using as necessary the Community Statistical
Programme.

share

The programme may

2.
resources with other
Community instruments, in particular the general programmes
‘Security
and
Management of Migration Flows’,
to implement
actions meeting the objectives of all programmes.

and Safeguarding Liberties’

and ‘Solidarity

in order

Operations financed under this Decision shall not receive
3.
assistance for
the same purpose from other Community
financial instruments. It shall be ensured that the beneficiaries
of this Decision shall provide the Commission with information
about funding received from the Community budget and from
other sources, as well as information about ongoing appli-
cations for funding.

Article 12

Budgetary resources

The budgetary resources allocated to the actions provided for in
the programme shall be entered in the annual appropriations of
the general budget of the European Union. The available annual
appropriations shall be authorised by the budgetary authority
within the limits of the financial framework.

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Article 13

Monitoring

1.
The Commission shall ensure that for any action financed
by the programme, the beneficiary shall submit, technical and
financial reports on the progress of work. A final report shall
also be submitted within three months of the completion of the
action. The Commission shall determine the form and content
of the reports.

ensure

from the

The Commission shall
resulting

and
2.
agreements
the
programme provide in particular for supervision and financial
control by the Commission (or any representative authorised by
it),
including
if necessary by means of on-the-spot checks,
sample checks, and audits by the Court of Auditors.

contracts
of

implementation

that

The Commission shall ensure that for a period of five
3.
years following the last payment in respect of any action, the
beneficiary of financial assistance shall keep available for the
Commission all
the supporting documents regarding expen-
diture on the action.

4.
On the basis of the results of the reports and the on-the-
spot checks referred to in paragraphs 1 and 2, the Commission
shall ensure that,
if necessary, the scale or the conditions of
allocation of the financial assistance originally approved and
also the timetable for payments are adjusted.

5.
step
The Commission shall ensure that every other
necessary to verify that the actions financed are carried out
properly and in compliance with the provisions of
this
Decision and the Financial Regulation is taken.

Article 14

Protection of Community financial interests

The Commission shall ensure that, when actions financed
1.
under this Decision are implemented, the financial interests of
the Community are protected by the application of preventive
illegal
measures against
the
activities, by effective checks and by the recovery of
irregularities are detected, by
amounts unduly paid and,
if
effective, proportional and dissuasive penalties,
in accordance
with Regulation (EC, Euratom) No 2988/95, Regulation
(Euratom, EC) No 2185/96 and Regulation (EC) No 1073/1999.

fraud, corruption and any other

(Euratom, EC) No 2185/96 shall apply to any infringement of
including infringements of a
a provision of Community law,
obligation
contractual
the
programme,
resulting from an act or omission by an
economic operator, which has, or would have, the effect of
prejudicing the general budget of
the European Union or
budgets managed by it, by an unjustified item of expenditure.

stipulated

on the

basis

of

it

finds irregularities,

3.
The Commission shall ensure that the amount of financial
assistance granted for an action is reduced, suspended or
recovered if
including non-compliance
with the provisions of this Decision or the individual decision
or the contract or agreement granting the financial support in
question, or if it transpires that, without Commission approval
having being sought, the action has been subjected to a change
which conflicts with the nature or implementing conditions of
the project.

If the time limits have not been observed or if only part of
4.
the allocated financial assistance is justified by the progress
made with implementing an action,
the Commission shall
ensure that the beneficiary will submit observations within a
specified period. If the beneficiary does not give a satisfactory
answer,
the remaining
financial assistance is cancelled and shall demand repayment
of sums already paid.

the Commission shall ensure that

5.
The Commission shall ensure that any undue payment is
repaid to the Commission. Interest shall be added to any sums
not repaid in good time under the conditions laid down by the
Financial Regulation.

Article 15

Evaluation

The programme will be monitored regularly in order to
carried out

implementation of

activities

the

1.
follow the
thereunder.

The Commission shall ensure the regular, independent and

2.
external evaluation of the programme.

The Commission shall submit to the European Parliament

3.
and the Council:

2.
Regulation (EC,

For Community actions financed under the programme,
Euratom) No 2988/95 and Regulation

(a) an annual presentation on the implementation of

the

programme;

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(b) an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation of
the programme, including on the work carried out by the
beneficiaries of operating grants referred to in Article 4(d),
not later than 31 March 2011;

(c) a Communication on the continuation of the programme

not later than 30 August 2012;

(d) an ex post evaluation report not later than 31 December

2014.

Article 16

Publication of actions

Article 17

Entry into force

This Decision shall take effect on the day following its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 January 2007.

Done at Brussels, 19 April 2007.

Each year the Commission shall publish the list of actions
financed under
short
description of each project.

together with a

the programme

For the Council
The President

B. ZYPRIES