Proposal for a Council Decision implementing Regulation (EC) No 168/2007 as regards the adoption of a Multiannual Framework for the European Union Agency for Fundamental Rights for 2007-2012
Date: 2007-09-12
Institutions: European Commission
Subjects: EU competence, EU office or agency, application of EU law, fundamental rights, human rights, operation of the Institutions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.9.2007 
COM(2007) 515 final 

2007/0189 (CNS) 

Proposal for a 

COUNCIL DECISION 

implementing Regulation (EC) No 168(2007 as regards the adoption  
of a Multiannual Framework  
for the European Union Agency for Fundamental Rights for 2007-2012 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

On  15  February  2007,  the  Council  adopted  Regulation  (EC)  No  168/2007  (the 
Regulation)1 establishing a European Union Agency for Fundamental Rights (the Agency). 
The Agency became operational on 1 March 2007. 

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

The  Agency  carries  out  its  tasks  for  the  purpose  of  meeting  this  objective  within  the 
competencies  of  the  Community  as  laid  down  in  the  Treaty  establishing  the  European 
Community, and refers, in carrying out its tasks, to fundamental rights as defined in Article 
6(2)  of  the  Treaty  on  European  Union,  including  the  European  Convention  on  Human 
Rights  and  Fundamental  Freedoms  and  the  European  Social  Charter.  These  fundamental 
rights  are  reflected  in  particular  in  the  Charter  of  Fundamental  Rights  of  the  European 
Union, bearing in mind its status and the accompanying explanations. The tasks entrusted 
to the Agency relate to the collection and analysis of information and data; to the provision 
of  advice  through  reports  and  opinions;  and  to  cooperation  with  civil  society  and 
awareness-raising. 

According to Article 5 of the Regulation, the thematic areas of activity of the Agency shall 
be  determined  by  the  Council  through  a  Multiannual  Framework.  Within  these  thematic 
areas,  the  Agency  will,  in  complete  independence,  carry  out  the  above-mentioned  tasks. 
This is however without prejudice to requests of the European Parliament, the Council or 
the  Commission  under  Article  4(1)(c)  and  (d)  of  the  Regulation  outside  these  thematic 
areas, provided its financial and human resources so permit. 

The objective of this proposal is to establish the Multiannual Framework for the Agency as 
required by Article 5 of the Regulation. 

•  General context 

The  Regulation  lays  down  the  basic  elements  of  the  Multiannual  Framework  in  Article 
5(2), which stipulates first that the Framework should cover five years. Secondly, it must 
include  a  fight  against  racism,  xenophobia  and  related  intolerance  amongst  the  thematic 
areas.  The  preamble  of  the  Regulation  clarifies  that,  besides  the  phenomena  of  racism, 
xenophobia  and  anti-Semitism,  the  work  of  the  Agency  as  successor  of  the  European 
Monitoring  Centre  on  Racism  and  Xenophobia2  should  continue  to  cover  also  the 
protection  of  rights  of  persons  belonging  to  minorities  as  well  as  gender  equality,  as 

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2 

OJ L 53, 22.2.2007, p.1. 
The Agency is built upon the previous EUMC established by Council Regulation (EC) No 1035/97 of 
2 June  1997  (OJ  L  151,  10.6.1997,  p.1.  As  amended  by  Regulation  (EC)  No  1652/2003,  OJ  L  245, 
29.9.2003, p. 33). 

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essential elements for the protection of fundamental rights. 

Thirdly,  the  Multiannual  Framework  must  be  in  line  with  Union's  priorities,  taking  due 
account of the orientations resulting from the European Parliament resolutions and Council 
conclusions in the field of fundamental rights. The following fields relating to fundamental 
rights have been raised through the European Parliament resolutions in last years3: 

- 

racism and xenophobia; 

-  non-discrimination and equality; 

-  discrimination on the grounds of sexual orientation; homophobia in Europe; 

-  discrimination on the grounds of disability, disability issues; 

- 

- 

- 

- 

freedoms of expression, assembly and association and thought; freedom of expression 
in internet; 

the right to participate under equal conditions in election processes; 

the right to education, liberty of education and training of girls and women; 

solidarity and social rights; 

-  children's rights; 

-  gender equality, women's rights, violence against women; female genital mutilation; 

- 

trafficking in human beings; 

-  citizen's rights and justice; 

- 

- 

right to asylum; 

immigration; integration of immigrants; 

-  protection of national minorities, minority rights and Roma issues; 

- 

respect for cultural, religious and linguistic diversity; 

-  death penalty; 

-  mental health. 

The priority orientations issued by the Council can be listed on the basis of the conclusions 
of the European Councils in recent years as follows4: 

-  European Migration Policy, including integration and asylum policy; 

-  visa issues and border control; 

- 

trafficking in human beings; 

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4 

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7 
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Resolutions  of  17.1.2006, 18.1.2006, 2.2.2006,  16.2.2006,  15.3.2006, 1.6.2006,  14.6.2006, 15.6.2006, 
6.7.2006, 6.9.2006, 28.6.2006, 26.10.2006, 15.11.2006, 16.11.2006, 30.11.2006, 26.5.2005, 18.1.2007, 
1.2.2007, 13.3.2007 and 26.4.2007. 
Brussels  European  Councils  of  22-23.3.2005,  16-17.6.2005,  15-16.12.2006,  23-24.3.2006,  15-
16.6.2006 and 14-15.12.2006. 
OJ C 139, 14.6.2006, p. 1. 
SEC(2007)500 final of 2 May 2007. 
OJ L 403, 30.12.2006, p. 9. 
OJ L 8, 12.1.2001, p. 1. 

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-  gender equality; 

-  counter-terrorism; 

-  youth. 

The  Multiannual  Framework  must  have  due  regard  to  the  Agency's  financial  and  human 
resources.  The  financial  resources  of  the  Agency  for  the  period  covered  by  this 
Multiannual  Framework  have  been  set  by  the  financial  framework  annexed  to  the 
Interinstitutional  Agreement  between  the  European  Parliament,  the  Council  and  the 
Commission  on  budgetary  discipline  and  sound  financial  management  of  17  May  20065, 
and  presented  in  Document  V  Financial  Programming  2008-2013  of  Statement  of 
Estimates of the Commission for 20086. 

Finally,  the  Multiannual  Framework  must  include  provisions  with  a  view  of  ensuring 
complementarity  with  the  remit  of  other  Community  and  Union  bodies,  offices  and 
agencies, as well as with the Council of Europe and other international organisations active 
in  the  field  of  fundamental  rights.  The  most  relevant  Community  agencies  and  bodies  in 
relation  to  this  Multiannual  Framework  are  the  European  Institute  for  Gender  Equality 
established  by  Regulation  (EC)  No  1922/20067  and  the  European  Data  Protection 
Supervisor established by Regulation (EC) No 45/20018. 

Because  the  gender  equality  issues  will  be  dealt  by  the  European  Institute  for  Gender 
Equality in accordance with Article 2 of Regulation (EC) No 1922/2006, a memorandum 
of understanding will be concluded between the Agency and the Institute once the latter is 
in place to ensure appropriate coordination pursuant to Article 7 of the Regulation. 

These elements constitute the criteria, on which the Multiannual Framework must be based 
on, together with the scope of the Agency under Article 3 of the Regulation. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

The  Commission  issued  a  Communication  on  the  Fundamental  Rights  Agency  on  25 
October  2004  launching  thereby  a  public  consultation,  which  discussed  also  the  issue  of 
thematic areas. There were one hundred responses to written consultation. The contributors 
included ten Member States, European and international bodies, national bodies for human 
rights,  antidiscrimination  and  equal  opportunities,  members  of  academia,  private  citizens 
and almost 60 non-governmental organisations. A public hearing took place on 25 January 
2005. There were more than 200 registered participants, representing the above-mentioned 
stakeholders. The consulted stakeholders agreed on giving certain thematic priorities to the 
Agency, and in particular following areas were mentioned: 

-  discrimination (including in workplace); 

-  data protection; 

-  asylum; 

- 

immigration; 

-  mainstreaming of fundamental rights to all Community policies;  

- 

rights of victims; 

-  minority rights; 

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-  access to justice; 

-  conditions of detention; 

-  counter-terrorism measures; 

- 

fundamental social rights; 

-  gender issues 

The  consultation  was  part  of  the  impact  assessment9,  which  supported  the  option  of 
creating a "Focused Observation and Assessment Agency on Union policies".  

This option was realized by the Regulation containing criteria to define a number of areas 
where  the  Agency's  input  are  most  needed  for  the  development  of  Community 
policies.Furthermore  the  Commission,  while  preparing  its  proposal,  has  consulted  the 
Management Board of the Fundamental Rights Agency during its meeting of 12- 13 July 
and received written comments by letter of 25th July 2007.The Commission took account 
of comments made during the consultation in this proposal. All documents relating to the 
consultation and impact assessment are available in the address: 

http://ec.europa.eu/justice_home/fsj/rights/fsj_rights_agency_en.htm 

3)  LEGAL ASPECTS OF THE PROPOSAL 

•  Summary of the proposed action 

Derived  from  the  criteria  set  in  the  Regulation,  the  Commission  proposes  the  following 
thematic  areas  to  be  included  for  the  Multiannual  Framework  of  the  Agency  for  years 
2007-2012: 

a) 

racism, xenophobia and related intolerance; 

discrimination based on sex, racial or ethnic origin, religion or belief, disability, age 

b) 
or sexual orientation or of persons belonging to minorities; 

compensation  of  victims,  prevention  of  crime  and  related  aspects  relevant  to  the 

c) 
security of citizens; 

d) 

e) 

f) 

g) 

h) 

i) 

protection of children, including rights of the child; 

immigration and integration of migrants; 

asylum; 

visa and border control; 

participation in the Union's democratic functioning; 

human rights issues relating to the information society; and 

9  

See Report SEC(2005)849, 30.6.2005. 

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j) 

access to efficient and independent justice. 

The  list  is  "topical"  or  "policy-based",  which  would  allow  the  Agency  to  look  into  all 
fundamental  rights  problems  that  might  arise  within  a  given  thematic  area.  When  these 
thematic areas are included in the Multiannual Framework, all Chapters of the Charter of 
Fundamental  Rights  of  the  European  Union  would  be  touched  to  some  extent,  limiting 
however the thematic areas to appropriate numbers. 

•  Legal basis 

The  legal  basis  for  the  proposed  Council  Decision  is  Article  5(1)  of  Council  Regulation 
(EC) No 168/2007. 

•  Choice of instruments 

Proposed  instruments:  Council  Decision,  which  is  an  appropriate  legal  instrument  to 
establish the Multiannual Framwork for a Community agency. 

4)  BUDGETARY IMPLICATION 

The proposal has no direct implication for the EU budget. 

5)  DETAILED EXPLANATION OF THE PROPOSAL 

-  The thematic areas of the Agency's activity (Article 2) allows the Agency to look into 

all fundamental rights problems that might arise within a given thematic area. 

-  Racism,  xenophobia  and  related  intolerance:  This  thematic  area  is  prescribed  by  the 

Regulation itself. 

-  Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age 
or sexual orientation, or of persons belonging to minorities: Virtually all stakeholders 
expect  that  the  Agency  will  deal  with  the  discrimination  grounds  of  Article  13  TEC, 
that  is  besides  racial  and  ethnic  origin,  also  sex,  religion  or  belief,  disability,  age  or 
sexual orientation. The last ground, the persons belonging to minorities, is reflected in 
the  preamble  of  the  Regulation.  The  other  areas  are  contiguous  to  "racial  and  ethnic 
origin",  and  the  Agency  may  therefore  benefit  from  economy  of  scales  as  regards 
expertise  and  data  collection  methods.  Additionally,  this  thematic  area  will  allow 
covering  for  instance  "multiple  discrimination",  discrimination  at  the  work  place,  or 
aspects related to "social inclusion" issues As regards specifically "sexual orientation", 
both  recent  developments  in  the  EU  as  well  as  strong  demand  from  the  European 
Parliament  resolutions  on  homophobia  speak  for  this  area  to  be  included  into  the 
Multiannual Framework. Under this heading the Agency could deal also with "gender 
issues  including  gender  mainstreaming"  on  a  complementary  way  and  in  close 
cooperation with the actions of the European Institute for Gender Equality on the basis 
of  the  memorandum  of  understanding  to  be  concluded  between  the  Agency  and  the 
Institute. 

-  Compensation  of  victims,  prevention  of  crime  and  related  aspects  relevant  to  the 
security of citizens: The establishment of the area of freedom, security and justice has 
made  the  security  policy  essential  also  within  the  EC,  with  aim  to  facilitate  the  free 

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movement of persons while ensuring safety and security of citizens. Crime prevention 
is an indispensable part of this work. "Victims rights" should be included to thematic 
areas  corresponding  to  Community  law  on  state  compensation  to  crime  victims  or 
victims  of  human  trafficking.  There  is  a  proven  interest  by  the  stakeholders  to  these 
areas. 

-  Protection  of  children,  including  the  rights  of  the  child;  .  This  area  would  cover  the 
rights of the child, the link of which with Community priorities is obvious. The work 
would  relate  in  particular  to  the  areas  of  free  movement,  education,  social  inclusion 
and youth policies, the media and other relevant Community policies. 

- 

Immigration: The same can be said for immigration; in particular, the treatment at the 
borders  and  conditions  in  detention  centres  for  illegal  immigrants  as  well  as  aspects 
related  to  victims  of  human  trafficking  have  been  the  subject  of  particular  concerns 
from the point of view of fundamental rights. Integration of migrants is closely related 
to  immigration.  This  is  an  area  of  which  fundamental  rights  constitute  an  important 
consideration  and  where  the  EU  is  also  expected  to  play  a  role.  Under  this  thematic 
area,  the  relevant  aspects  of  social  inclusion,  "freedom  of  religion",  as  well  as  the 
subjects  "female  mutilation"  or  "forced  marriages"  could  also  be  dealt  with  by  the 
Agency. 

-  Asylum:  This  is  obvious  thematic  area  for  the  Agency  given  that  it  concerns  a 
specifically  vulnerable  group  of  people  and  it  is  subject  of  extensive  Community 
legislation  of  which  fundamental  rights  are  an  essential  component.  It  is  also  widely 
expected among all stakeholders that the Agency will work on asylum. 

-  Policy  on  "Borders  and  Visas"  is  a  concrete  side  of  the  fundamental  right  for  free 
movement. The area is suggested as the possible behaviours of the state agents in this 
area may affect not only third country nationals but also Union citizens. In most of the 
legislative instruments in the area of borders and visas there are specific clauses for the 
respect of the fundamental rights and freedoms. 

-  Participation  in  the  Union's  democratic  functioning.  This  thematic  area  concerns  the 
Union's  citizens'  right  to  participate  in  local  elections  and  the  European  Parliament 
elections. 

-  Human  rights  issues  relating  to  the  information  society  cover  such  major  issues  like 
private  life  and  data  protection.  It  is  closely  linked  with  the  transparency  of 
Community  policy  and  administration  and  countervailing  privacy  rights  and  contains 
thus these issues. This thematic area was mentioned a number of times by stakeholders. 
It  would  also  touch  issues  like  internet  and  other  electronic  communication 
mechanisms, radio frequency identification, freedom of speech and public interests of 
security and fighting crime as well as intellectual property. 

-  Access to efficient and independent justice: There is Community legislation to facilitate 
access  to  justice  (legal  aid,  simplified  civil  procedures,  consumer  law),  which  is  an 
important part of the European area of civil justice. 

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2007/0189 (CNS) 

Proposal for a 

COUNCIL DECISION 

implementing Regulation (EC) No 168(2007 as regards the adoption  
of a Multiannual Framework  
for the European Union Agency for Fundamental Rights for 2007-2012 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  Council  Regulation  (EC)  No  168/2007  of  15  February  2007  establishing  a 
European Union Agency for Fundamental Rights10, and in particular Article 5(1) thereof, 

Having regard to the proposal from the Commission11, 

Having regard to the opinion of the European Parliament12, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

In order for the Agency to carry out its tasks properly, the precise thematic areas of its 
activity  are  to  be  determined  by  a  Multiannual  Framework  covering  five  years  as 
stipulated in Article 5 (2) of Regulation (EC) No 168/2007. 

The  Framework  should  include  the  fight  against  racism,  xenophobia  and  related 
intolerance amongst the thematic areas of the Agency's activity.  

The  Framework  should  be  in  line  with  Union's  priorities,  taking  due  account  of  the 
orientations  resulting  from  the  European  Parliament  resolutions  and  Council 
conclusions in the field of fundamental rights. 

The  Framework  should  have  due  regard  to  the  Agency's  financial  and  human 
resources.. 

The  Framework  should  include  provisions  with  a  view  of  ensuring  complementarity 
with the remit of other Community and Union bodies, offices and agencies, as well as 
with the Council of Europe and other international organisations active in the field of 
fundamental rights. The most relevant Community agencies and bodies in relation to 
this  Multiannual  Framework  are  the  European  Institute  for  Gender  Equality 
established by Regulation (EC) No 1922/2006 of the European Parliament and of the 

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12 

OJ L 53, 22.2.2007, p. 1. 
OJ C , , p. . 
OJ C , , p. . 

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Council of 20 December 2006 establishing a European Institute for Gender Equality13 
and  the  European  Data  Protection  Supervisor  established  by  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 processing of personal data by the Community 
institutions  and  bodies  and  on  the  free  movement  of  such  data14,  the  objectives  of 
which should consequently be taken into account. 

(6) 

(7) 

The Commission, while preparing its proposal, has consulted the Management Board 
of  the  Fundamental  Rights  Agency  during  its  meeting  of  12-  13  July  and  received 
written comments by letter of 25th July 2007. 

In  accordance  with  Article  5(3)  of  the  Regulation,  the  Agency  is  able  to  reply  to 
requests from the European Parliament, the Council or the Commission under Article 
4(1)(c) and (d) of the Regulation outside the thematic areas of activity determined by 
this Multiannual Framework. 

HAS ADOPTED THIS DECISION:  

Article 1  
Multiannual Framework 

A Multi-Annual Framework for the European Union Agency for Fundamental Rights 

1. 
(hereinafter "the Agency") for the period 2007-2012 is hereby established. 

The  Agency  shall  carry  out  the  tasks  defined  in  Article  4(1)  of  Regulation  (EC)  No 

2. 
168/2007 within the thematic areas laid down in Article 2. 

Article 2  
Thematic areas 

The thematic areas shall be the following:  

a) 

b) 

c) 

d) 

e) 

f) 

g) 

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racism, xenophobia and related intolerance; 

discrimination based on sex, racial or ethnic origin, religion or belief, disability, age 
or sexual orientation or of persons belonging to minorities; 

compensation  of  victims,  prevention  of  crime  and  related  aspects  relevant  to  the 
security of citizens; 

protection of children, including rights of the child; 

immigration and integration of migrants; 

asylum; 

visa and border control; 

OJ L 403, 30.12.2006, p. 9. 
OJ L 8, 12.1.2001, p. 1. 

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h) 

participation in the Union's democratic functioning 

i) 

j) 

human rights issues relating to the information society; and 

access to efficient and independent justice. 

Article 3  
Complementarity and cooperation with other bodies 

1. 
The  Agency  shall  ensure  appropriate  coordination  with  relevant  Community  bodies, 
offices and agencies, Member States, international organisation and civil society, in the terms 
established in Articles 7, 8 and 10 of Regulation (EC) No 168/2007, for the implementation of 
this Framework. 

2. 
In  particular,  the  Agency  shall  coordinate  its  activities  with  those  of  the  Council  of 
Europe  in  the  terms  established  in  Article  9  of  Regulation  (EC)  No  168/2007  and  in  the 
agreement referred to in that Article. 

3. 
The Agency shall deal with issues relating to discrimination based on sex only as part 
of, and to the extent relevant to its work to be undertaken on general issues on discrimination 
referred  to  in  Article  2  point  (b),  taking  into  account  that  the  overall  objectives  of  the 
European Institute for Gender Equality established by Regulation (EC) No 1922/2006 shall be 
to  contribute  to  and  strengthen  the  promotion  of  gender  equality,  including  gender 
mainstreaming  in  all  Community  policies  and  the  resulting  national  policies,  and  the  fight 
against discrimination based on sex and to raise EU citizens' awareness of gender equality by 
providing technical assistance to Community institutions, in particular to the Commission and 
the authorities of the Member States. 

4.  The  Agency  shall  carry  out  its  tasks  in  the  area  of  human  rights  issues  relating  to  the 
information society without prejudice to the responsibilities of the European Data Protection 
Supervisor for ensuring that the fundamental rights  and freedoms of  natural  persons, and in 
particular  their  right  to  privacy,  are  respected  by  Community  institutions  and  bodies  in 
accordance  with  his  or  her  duties  and  powers  stipulated  in  Article  46  and  47  of  Regulation 
(EC) No 45/2001. 

Done at Brussels,  

For the Council 
The President 

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