Proposal for a COUNCIL DECISION establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for 2013-2017
Date: 2011-12-13
Institutions: European Commission
Subjects: EU competence, EU office or agency, anti-discriminatory measure, fundamental rights, operation of the Institutions, social integration

EUROPEAN COMMISSION 

Brussels, 13.12.2011 
COM(2011) 880 final 

2011/0431 (APP) 

Proposal for a 

COUNCIL DECISION 

establishing a Multiannual Framework  
for the European Union Agency for Fundamental Rights for 2013-2017 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

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 Union and its Member States, when implementing Union law, with assistance 
and expertise relating to fundamental rights in order to support them when they take measures 
or formulate courses of action within their respective spheres of competence to fully respect 
fundamental rights. 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 raising awareness of fundamental rights. The Agency is not 
authorized to deal with the legality of Union acts nor with the fulfilment of Member States' 
obligations under Union law.  

According to Article 5 of the Regulation, the thematic areas of activity of the Agency shall be 
determined  through  a  five-year  Multiannual  Framework.  The  Agency  shall  carry  out  the 
above-mentioned tasks within these thematic areas. The Multiannual Framework is not a work 
programme. The Agency's work programmes are adopted each year by its Management Board 
within  the  thematic  areas  determined  by  the  Multiannual  Framework.  Following  requests 
from the European Parliament, the Council or the Commission under Article 4(1)(c) and (d) 
of  the  Regulation,  the  Agency  work  can  outside  these  thematic  areas,  provided  its  financial 
and human resources so permit.  

The objective  of this proposal is to establish the Multiannual  Framework of the Agency for 
the  period  2013-2017,  as  required  by  Article  5  of  the  Regulation.  The  current  Multiannual 
Framework (2007-2012) expires at the end of 2012. 

1.2.  Multiannual Framework 2007-2012 

On 28 February 2008, the Council adopted Decision 2008/203/EC implementing Regulation 
(EC)  No  168/2007  as  regards  the  adoption  of  a  Multiannual  Framework  for  the  European 
Union Agency for Fundamental Rights for 2007-20122. Article 2 of this Decision sets out the 
following thematic areas: 

(a) 

racism, xenophobia and related intolerance; 

(b)  discrimination based on sex, race or ethnic origin, religion or belief, disability, 
age or sexual orientation and against persons belonging to minorities and any 
combination of these grounds (multiple discrimination); 

(c) 

compensation of victims; 

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OJ L 53, 22.2.2007, p.1. 
OJ L 63, 7.3.2008, p.14. 

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(d) 

the rights of the child, including the protection of children; 

(e)  asylum, immigration and integration of migrants; 

(f) 

visa and border control; 

(g)  participation  of  the  citizens  of  the  Union  in  the  Union’s  democratic 

functioning; 

(h) 

information society and, in particular, respect for private life and protection of 
personal data; 

(i) 

access to efficient and independent justice. 

1.3. 

Elements of the Multiannual Framework 

The Multiannual Framework must determine the thematic areas of the Agency's activity and 
must be based on a number of elements laid down by Article 5(2) of the Regulation, together 
with the scope of the Agency under Article 3. These are the following: 

(i) The Agency must carry out its tasks within the competencies of the Union as laid 
down in the Treaty on the Functioning of the European Union3; 

(ii) The Multiannual Framework shall cover five years4; 

(iii) The Multiannual Framework must be in line with the Union's priorities, taking 
due  account  of  the  orientations  resulting  from  the  European  Parliament  resolutions 
and Council conclusions in the field of fundamental rights5 (see section 1.4 below);  

(iv) The Multiannual Framework must have due regard to the Agency's financial and 
human resources6. It should be noted in this respect that the financial resources of the 
Agency  for  2013  have  been  set  by  the  financial  framework  annexed  to  the  Inter-
institutional  Agreement  between  the  European  Parliament,  the  Council  and  the 
Commission  on  budgetary  discipline  and  sound  financial  management  of  17  May 
20067 and presented in Document V Financial Programming 2008-2013 of Statement 
of  Estimates  of  the  Commission  for  20088.  As  regards  2014-2017,  they  will  be  set 
within the limits of the Multiannual Financial Framework for the years 2014-2020. 

(v)  The  Multiannual  Framework  must  include  provisions  with  a  view  to  ensuring 
complementarity with the remit of other Union bodies, offices and agencies, as well 
as with the Council of Europe and other international organisations active in the field 
of  fundamental  rights9.  The  most  relevant  Union  agencies  and  bodies  in  relation  to 
this  proposal  are  the  European  Asylum  Support  Office  (EASO)10,  the  European 

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Article 3(1) of Regulation (EC) No 168/2007 establishing the Agency (FRA Regulation). 
Article 5(2)(a) of FRA Regulation. 
Article 5(2)(c) of FRA Regulation. 
Article 5(2)(d) of FRA Regulation. 
OJ C 139, 14.6.2006, p. 1. 
SEC (2007) 500 final of 2 May 2007. 
Article 5(2)(e) of FRA Regulation. 
Established by Regulation (EU) No 439/2010, OJ L 132, 29.5.2010, p. 11. 

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Agency  for  the  Management  of  Operational  Cooperation  at  the  External  Borders 
(FRONTEX)11,  the  European  Migration  Network12,  the  European  Institute  for 
Gender  Equality  (EIGE)13,  the  European  Data  Protection  Supervisor  (EDPS)14,  the 
European  Union’s  Judicial  Cooperation  Unit  (EUROJUST)15,  the  European  Police 
Office (EUROPOL)16, the European Police College (CEPOL)17, the Agency for the 
operational  management  of  large-scale  IT  systems  in  the  area  of  freedom,  security 
and  justice  (IT  Agency)18  and  the  European  Foundation  for  the  improvement  of 
living and working conditions (EUROFOUND)19. 

(vi) The Multiannual Framework must include the fight against racism, xenophobia 
and related intolerance among the thematic areas20.  

1.4. 

European Parliament and Council 

Article 5(2)(c) requires the Multiannual Framework to be in line with the 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  issues  relating  to 
fundamental  rights  have  been  raised  through  the  European  Parliament  resolutions  in  recent 
years21: 

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the protection of personal data and privacy; 

children's  rights;  all  forms  of  violence  against  children,  in  particular  sexual 
exploitation of children and child pornography; children of migrants, asylum seekers 
and  refugees;  unaccompanied  minors;  child  poverty  and  child  labour;  justice  for 
young people; assistance for children; participation of children. 

civil and criminal justice; rights of individuals in criminal procedures; 

protection of victims; 

citizen's rights and free movement;  

Roma exclusion and stigmatisation; 

racism and xenophobia; 

Established by Regulation (EC) No 2007/2004, OJ L 349, 25.11.2004, p. 1. 
Established by Council Decision 2008/381/EC, OJ L 131, 21.5.2008, p. 7. 
Established by Regulation (EC) No 1922/2006, OJ L 403, 30.12.2006, p. 9. 
Established by Regulation (EC) No 45/2001, OJ L 8, 12.1.2001, p. 1. 
Established by Council Decision 2002/187/JHA, OJ L 63, 6.3.2002, p. 1. 
Established by Council Decision 2009/371/JHA, OJ L 121, 15.5.2009, p. 37. 
Established by Council Decision 2005/681/JHA, OJ L 256, 1.10.2005, p. 63.  
Established by Regulation (EU) No 1077/2011, OJ L 286, 1.11.2011, p. 1. 
Established by Regulation (EEC) No 1365/75, OJ L 139, 30.5.1975, p. 1. 
Article 5(2)(b) of FRA Regulation. 
Resolutions of 14.1.2009, 3.2.2009, 19.2.2009, 10.3.2009, 11.3.2009, 12.3.2009, 24.3.2009, 26.3.2009, 
2.4.2009,  22.4.2009,  24.4.2009,  7.5.2009,  17.9.2009,  25.11.2009,  26.11.2009,  10.2.2010,  25.3.2010, 
5.5.2010,  18.5.2010,  15.6.2010,  17.6.2010,  7.9.2010,  9.9.2010,  22.9.2010,  20.10.2010,  23.11.2010, 
14.12.2010, 15.12.2010, 19.1.2011, 8.3.2011, 9.3.2011, 10.3.2011, 24.3.2011, 5.4.2011 and [_].  

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profiling,  including  on  the  basis  of  ethnicity  and  race,  in  counter-terrorism,  law 
enforcement, immigration, customs and border control;  

non-discrimination and equality; 

protection of national minorities, minority rights; 

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

homophobia and discrimination on the grounds of sexual orientation;  

disability issues and discrimination on the grounds of disability; 

discrimination based on age; 

freedoms of expression; freedom of the press and media pluralism;  

freedom of religion and discrimination on the basis of religion or belief; 

security and fundamental freedoms on the Internet; 

intellectual property rights; 

asylum and Common European Asylum System; 

immigration and border control;  

integration of migrants;  

social rights; 

poverty and social exclusion; 

right to healthcare. 

consumer rights; 

trafficking in human beings; 

fight against terrorism; 

respect for cultural, religious and linguistic diversity; 

memory of the crimes committed by totalitarian regimes. 

The following issues relating to fundamental rights have been raised through the conclusions 
of the European Council in recent years22: 

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protection of personal data and privacy; 

European area of justice; 

European Councils of 18/19.6.2009, 29/30.10.2009, 10/11.12.2009, 17.6.2010, 4.2.2011 and [_]. 

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rights of the child; 

gender equality; 

European  migration  policy,  including  European  Pact  on  Immigration  and  Asylum, 
Common European Asylum System, visa issues and border control; 

trafficking in human beings; 

social rights; 

internal security strategy; 

intellectual property rights. 

2. 

CONSULTATION  

When  preparing  its  proposal,  the  Commission  has  consulted  the  Management  Board  of  the 
Fundamental  Rights  Agency,  and  received  a  preliminary  contribution  on  8  June  2011.  The 
Agency's  Fundamental  Rights  Platform  -  a  network  of  cooperation  with  civil  society  -  has 
been  consulted  by  the  Management  Board,  which  provided  a  contribution  on  18  October 
2011. The  Commission took account  of the comments  made  during  the  consultation  on  this 
proposal.  

The Management Board has identified the following thematic areas:  

(a) Effective judicial protection, including access to justice; 

(b) Victims of crime;  

(c) Judicial cooperation; 

(d) Police cooperation;  

(e) Immigration and integration of migrants, border control and visa; asylum;  

(f) Racism, xenophobia and related intolerance; 

(g) Roma integration;  

(h) Discrimination as defined in Article 21 of the Charter of Fundamental Rights; 

(i)  Participation in the EU independent  framework pursuant to Article 33(2) of the 
UN Convention on the Rights of Persons with Disabilities; 

(j) Rights of the child; 

(k) Information, privacy and personal data; 

(l) Social rights.  

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3. 

LEGAL ASPECTS OF THE PROPOSAL 

3.1. 

Content of the proposed action 

In  addition  to  the  elements  required  by  the  Regulation  (see  section  1.3  above),  the 
Commission has taken into account the following considerations in preparing this proposal: 

(i)  The  entry  into  force  of  the  Treaty  of  Lisbon  and  its  impact  on  the  Agency's 
activities.  The  Treaty  of  Lisbon  amended  the  Treaty  establishing  the  European 
Community by conferring competence on the Union (this notion replaces the words 
"Community"  and  "European  Community")  as  regards  the  area  of  justice,  security 
and freedom. This results in particular from Article 1(3) TEU, which states that "The 
Union  shall  replace  and  succeed  the  European  Community".  Matters  previously 
included  in  Title  VI  of  the  EU  Treaty  (the former  "third  pillar")  have  now  become 
Chapters 4 ("Judicial cooperation in criminal matters") and 5 ("Police cooperation") 
of Title V ("Area of freedom, security and justice") of the TFUE.  

(ii) The need to ensure that the Agency's work remains focused on key areas, taking 
into account its limited financial and human resources; 

(iii)  The  need  to  ensure  continuity  in  the  Agency's  work,  particularly  given  the 
importance of the delivery of objective, reliable and comparable data by the Agency 
over the years.  

In view of the above, the Commission proposes that the following thematic areas be included 
for the Multiannual Framework of the Agency for the years 2013-2017: 

(a)  Access to justice; 

(b)  Victims of crime; 

(c) 

Information society and, in particular, respect for private life and protection of 
personal data; 

(d)  Roma integration;  

(e)  Police cooperation, taking into account the specific nature of this field; 

(f) 

Judicial cooperation, taking into account the specific nature of this cooperation 
when it relates to criminal matters; 

(g)  Rights of the child; 

(h)  Discrimination based on race, colour, ethnic or social origin, genetic features, 
language,  religion  or  belief,  political  or  any  other  opinion,  membership  of  a 
national minority, property, birth, disability, age or sexual orientation;  

(i) 

Immigration and integration of migrants; border control and visa; asylum;  

(j)  Racism, xenophobia and related intolerance. 

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3.2. 

Legal basis 

The  legal  basis  of  the  Multiannual  Framework  2007-2012  is  Article  5(1)  of  Council 
Regulation  (EC)  No  168/2007  establishing  the  Agency.  However,  this  legal  basis  can  no 
longer  be  used  because  it  is  a  secondary  legal  basis  within  the  meaning  of  judgment  of  the 
European Court of Justice in case C-133/0623.  

The legal basis for the current proposal should therefore be a provision of the Treaty. In the 
absence of any other (more specific) provision, the legal basis should be that of the Agency's 
Regulation,  which  was  adopted  on  the  basis  of  Article  308  of  the  former  Treaty  of  the 
European  Community.  Following  the  entry  into  force  of  the  Lisbon  Treaty,  an  amended 
version  of  this  article  has  now  become  Article  352  of  the  Treaty  of  the  Functioning  of  the 
European Union. 

4. 

BUDGETARY IMPLICATION 

The  proposal  does  not  have  any  direct  implication  for  the  EU  budget.  The  Agency  will 
develop  projects  within  the  areas  suggested  and  for  which  the  resources  have  already  been 
earmarked by the budgetary authority. 

5. 

DETAILED EXPLANATION OF THE PROPOSAL 

The thematic areas of the Agency's activity (Article 2) allow the Agency to look into all issues 
of fundamental rights - falling within the scope of EU law - that might arise within a given 
thematic area. 

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Access  to  justice:  The  Stockholm  Programme  has  underlined  the  need  for  better 
access  to  justice  in  the  EU.  This  area  could  cover  issues  such  as  effective  judicial 
protection, including access to efficient and independent justice, and the guarantees 
of a fair trial. The Agency has published reports within this area ('Access to justice in 
Europe:  an  overview  of  challenges  and  opportunities', 
'EU  Minorities  and 
Discrimination  Survey')  and  it  needs  to  continue  collecting  data  on  the  different 
issues around access to justice, including contract law and consumer rights.  

Victims  of  crime:  The  Agency  has  indirectly  dealt  with  victims  in  its  reports  on 
'Access  to  justice  in  Europe:  an  overview  of  challenges  and  opportunities'  or  'EU 
Minorities  and  Discrimination  Survey'.  In  view  of  the  increasing  number  of  EU 
initiatives  regarding  victims'  rights,  the  work  of  FRA  should  cover,  inter  alia, 
victims'  protection,  victim-support  services,  legal  standing,  rights  awareness, 
vulnerable victims and compensation for damages. 

Information  society  and,  in  particular,  respect  for  private  life  and  protection  of 
personal data: Under this thematic area the Agency could collect data in particular 
on  the  implications  of  the  online  environment  for  fundamental  rights,  such  as  the 
protection  of  personal  data  and  privacy.  The  importance  of  these  issues  has  been 
underlined by the European Parliament. FRA has developed some work in this field 
(report 'Data Protection in the European Union: the role of National Data Protection 

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Authorities') and it is expected that it should develop an expertise on it. The Agency's 
data-collection activities in this field could contribute to the smooth implementation 
of the reformed EU legal framework for data protection.  

Roma  integration:  Roma  integration  constitutes  a  clear  priority  for  the  EU.  The 
Commission's Communication on an ‘EU Framework for National Roma Integration 
Strategies  up  to  2020’  requests  the  Agency,  working  together  with  other  relevant 
bodies  such  as  EUROFOUND,  to  collect  data  across  the  27  Member  States  on  the 
situation  of  Roma  as  regards  access  to  employment,  education,  healthcare  and 
housing,  as  well  as  to  work  with  Member  States  in  order  to  develop  monitoring 
methods which can provide a comparative analysis of the situation of Roma across 
Europe24. Data collection will also be drawn from specific research funded by Socio-
economic  Sciences  and  Humanities  Programme  of  the  7th  Framework  Programme. 
The Agency has built up an expertise in the collection of data on Roma issues over 
the last years, as shown by its reports 'Housing conditions of Roma and Travellers in 
the  EU',  'The  situation  of  Roma  EU  citizens  moving  to  and  settling  in  other  EU 
Member States' and 'EU Minorities and Discrimination Survey'. 

Police cooperation, taking into account the specific nature of this field: The removal 
of the so-called 'pillars' with the entry into force of the Treaty of Lisbon should lead 
to  the  inclusion  of  police  cooperation  among  the  thematic  areas  of  the  Agency, 
allowing  FRA  to  collect  data  provided  it  falls  within  EU  competence  and  without 
prejudice  to  ongoing  work  to  improve  crime  statistics.  FRA  shall  use  data  already 
existing/provided by Member States so as to avoid duplication with the work of law 
enforcement services. 

Judicial  cooperation,  taking  into  account  the  specific  nature  of  this  cooperation 
when  it  relates  to  criminal  matters:  This  area  includes  judicial  cooperation  in  civil 
and commercial matters as well as in criminal matters. The removal of the so-called 
'pillars'  justifies  this  area  being  added  to  the  thematic  areas  of  the  Agency.  FRA 
could collect data on issues relating to, inter alia, the fight against organised crime, 
terrorism or human trafficking.  

Rights of the child: The promotion and protection of the rights of the child is one of 
the objectives of the EU on which the Treaty of Lisbon has placed further emphasis. 
Under  this  thematic  area  the  Agency  could  contribute  to  the  implementation  of  the 
'EU Agenda for the Rights of the Child' by collecting data on issues such as child-
friendly  justice  and  children  in  vulnerable  situations,  as  well  as  by  making 
operational the indicators on the rights of the child developed by the Agency25. The 
fight against child poverty is a key priority of the EU and FRA research on it would 
contribute  to  the  implementation  of  the  future  Commission  Recommendation  on 
child  poverty.  FRA  has  published  reports  regarding  children  ('Child  Trafficking  in 
the  EU:  Challenges,  perspectives  and  good  practices',  'Separated  asylum  seeking 
children in EU Member States') and carried out educational projects such as the 'S-
Cool Agenda', the Handbook for teachers 'Excursions to the past – teaching for the 
future'  or  the  study  on  'The  role  of  historical  sites  and  museums  in  Holocaust 
education  and  human  rights  education  in  the  EU'.  Under  this  thematic  area,  FRA's 

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COM(2011) 173 final. 
COM(2011) 60 final. 

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work could also relate to the areas of education, social inclusion and youth policies 
and other relevant Union policies.  

Discrimination  based  on  race  colour,  ethnic  or  social  origin,  genetic  features, 
language, religion or belief, political or any other opinion, membership of a national 
minority, property, birth, disability, age or sexual orientation: It is expected that the 
Agency  will  continue 
to  collect  data  on  discrimination.  The  grounds  of 
discrimination  covered  are  those  of  Article  21  of  the  EU  Charter  of  Fundamental 
Rights, but they exclude 'sex', since EIGE has now become fully operational and is 
responsible  for  collecting  data  on  gender  equality  and  discrimination  based  on  sex. 
This  should  not  prevent  FRA  from  covering  gender  issues  when  dealing  with 
'multiple  discrimination'  or  including  a  gender  perspective  in  its  reports,  in  close 
cooperation  with  EIGE.  This  thematic  area  should  enable  'multiple  discrimination', 
discrimination  at  the  work  place,  or  aspects  related  to  poverty  reduction  and  social 
inclusion to be covered. FRA has published a number of relevant reports under this 
heading  in  recent  years,  such  as  'Homophobia,  transphobia  and  discrimination  on 
grounds  of  sexual  orientation  and  gender  identity',  'Respect  for  and  protection  of 
persons belonging to minorities', 'Migrants, minorities and employment – Exclusion 
and  discrimination  in  the  27  Member  States  of  the  EU',  'EU  Minorities  and 
Discrimination Survey', 'The legal protection of persons with mental health problems 
under non-discrimination law', 'Handbook on European non-discrimination law', 'The 
impact of the Racial Equality Directive – Views of trade unions and employers in the 
EU',  'Experience  of  Discrimination,  Social  Marginalisation  and  Violence  among 
Muslim and non-Muslim Youth', and 'Racism, ethnic discrimination and exclusion of 
migrants and minorities in sport: the situation in the EU'. 

Immigration  and  integration  of  migrants;  border  control  and  visa;  asylum:  The 
treatment  at  the  borders  and  conditions  in  detention  centres  for  regularly  and 
irregularly  entering  immigrants,  as  well  as  aspects  related  to  victims  of  human 
trafficking,  have  raised  particular  concerns  from  the  point  of  view  of  fundamental 
rights.  Integration  of  migrants  is  a  thematic  area  closely  related  to  immigration  in 
which  fundamental  rights  are  also  an  important  consideration.  Aspects  related  to 
poverty  reduction  and  social  inclusion  should  not  be  disregarded.  Most  of  the 
legislative instruments in the area of Borders and Visas contain specific clauses for 
the respect of the fundamental rights and freedoms. The practice of 'ethnic profiling' 
could be dealt with under this thematic area. Asylum is an area covered by a wealth 
of  EU  legislation,  of  which  fundamental  rights  are  an  essential  component.  The 
Agency  should  continue  to  work  on  the  collection  of  data  on  this  topic  in  close 
cooperation with EASO. FRA has published a number of reports on these topics in 
recent  years  ('Migrants  in  an  irregular  situation:  access  to  healthcare  in  10  EU 
Member  States', 
'Migrants,  minorities  and  employment  –  Exclusion  and 
discrimination in the 27 Member States of the EU', 'Migrants in an irregular situation 
employed  in  domestic  work:  fundamental  rights  challenges  for  the  EU  and  its 
Member States', 'The asylum-seeker perspective: access to effective remedies and the 
duty to inform applicants', 'Detention of third country nationals in return procedures', 
'Separated  asylum  seeking  children  in  EU  Member  States',  'Coping  with  a 
fundamental  rights  emergency:  The  situation  of  persons  crossing  the  Greek  land 
border  in  an  irregular  manner')  and  carried  out  training  on  fundamental  rights  for 
border  guards  in  cooperation  with  FRONTEX.  The  Agency  should  continue 

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cooperating with FRONTEX. The expectation among stakeholders is that FRA will 
continue to collect data on the issues falling within this thematic area.  

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Racism,  xenophobia  and  related  intolerance:  this  thematic  area  is  laid  down  in  the 
Regulation  itself.  FRA  has  significant  expertise  in  the  collection  of  data  under  this 
area, as shown by its reports 'Antisemitism: summary overview', 'Understanding and 
preventing  ethnic  profiling:  a  guide', 
'Experience  of  Discrimination,  Social 
Marginalisation and Violence among Muslim and non-Muslim Youth', and 'Racism, 
ethnic discrimination and exclusion of migrants and minorities in sport: the situation 
in the EU'. Under this period, particular emphasis should be given to ethnic profiling, 
racist  and  xenophobic  hate  speech  and  hate  crimes,  as  well  as  to  analysing  from  a 
phenomena. 
trends 
preventive 

perspective 

societal 

leading 

such 

to 

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2011/0431 (APP) 

Proposal for a 

COUNCIL DECISION 

establishing a Multiannual Framework  
for the European Union Agency for Fundamental Rights for 2013-2017 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 352 thereof, 

Having regard to the proposal from the European Commission26, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the consent of the European Parliament27, 

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

Bearing in mind the objectives of the foundation of the European Union Agency for 
Fundamental Rights (hereinafter the Agency) and 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 Council Regulation (EC) 
No  168/2007  of  15  February  2007  establishing  a  European  Union  Agency  for 
Fundamental Rights28. 

The  first  Multiannual  Framework  was  adopted  by  the  Council  in  its  Decision 
2008/203/EC  of  28  February  2008  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. 

(3) 

The Multiannual Framework should be conducted only within the scope of Union law. 

(4) 

(5) 

26 
27 
28 

The Multiannual Framework should be in line with the 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  Multiannual  Framework  should  have  due  regard  to  the  Agency's  financial  and 
human resources. 

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

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(6) 

(7) 

(8) 

(9) 

The  Multiannual  Framework  should  include  provisions  with  a  view  of  ensuring 
complementarity with the remit of other 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  Union  agencies  and  bodies  in  relation  to  this 
Multiannual Framework are the European Asylum Support Office (EASO) established 
by  Regulation  (EU)  No  439/201029,  the  European  Agency  for  the  Management  of 
Operational  Cooperation  at  the  External  Borders  (FRONTEX)  established  by 
Regulation  (EC)  No  2007/200430,  the  European  Migration  Network  established  by 
Council Decision 2008/381/EC31, the European Institute for Gender Equality (EIGE) 
established  by  Regulation  (EC)  No  1922/200632,  the  European  Data  Protection 
Supervisor  (EDPS)  established  by  Regulation  (EC)  No  45/200133,  the  European 
Union’s  Judicial  Cooperation  Unit  (EUROJUST)  established  by  Council  Decision 
2002/187/JHA34,  the  European  Police  Office  (EUROPOL)  established  by  Council 
Decision  2009/371/JHA35,  the  European  Police  College  (CEPOL)  established  by 
Council  Decision  2005/681/JHA36,  the  Agency  for  the  operational  management  of 
large-scale  IT  systems  in  the  area  of  freedom,  security  and  justice  (IT  Agency) 
established by Regulation (EU) No 1077/201137 and the European Foundation for the 
improvement  of  living  and  working  conditions  (EUROFOUND)  established  by 
Regulation (EEC) No 1365/7538. 

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

In view of the importance of the fight against poverty and social exclusion for the EU 
– which has made it one of the five targets of its Europe 2020 growth strategy -, the 
Agency should look into the economic and social pre-conditions enabling an effective 
enjoyment  of  fundamental  rights  when  collecting  and  disseminating  data  within  the 
thematic areas established by this Decision. 

The Commission, when preparing its proposal, has consulted the Management Board 
of  the  Fundamental  Rights  Agency  and  received  written  comments  on  18  October 
2011.  

(10)  The  Agency,  upon  a  request  from  the  European  Parliament,  the  Council  or  the 
Commission, as long as its financial and human resources so permit, can work outside 
the  thematic  areas  determined  in  the  Multi-annual  Framework,  in  accordance  with 
Article 5(3) of the Regulation (EC) No 168/2007. 

29 
30 
31 
32 
33 
34 
35 
36 
37 
38 

OJ L 132, 29.5.2010, p. 11. 
OJ L 349, 25.11.2004, p. 1. 
OJ L 131, 21.5.2008, p. 7. 
OJ L 403, 30.12.2006, p. 9. 
OJ L 8, 12.1.2001, p. 1. 
OJ L 63, 6.3.2002, p. 1. 
OJ L 121, 15.5.2009, p. 37. 
OJ L 256, 1.10.2005, p. 63.  
OJ L 286, 1.11.2011, p. 1. 
OJ L 139, 30.5.1975, p. 1. 

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HAS DECIDED AS FOLLOWS:  

Article 1 
Multiannual Framework 

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

1. 
(hereinafter "the Agency") for the period 2013-2017 is hereby established. 

The  Agency  shall,  in  accordance  with  Article  3  of  Regulation  (EC)  No  168/2007, 
2. 
carry  out  the  tasks  defined  in  Article  4(1)  of  Regulation  (EC)  No  168/2007  within  the 
thematic areas laid down in Article 2 of this Decision. 

Article 2  
Thematic areas 

The thematic areas shall be the following:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

Access to justice; 

Victims of crime; 

Information  society  and,  in  particular,  respect  for  private  life  and  protection  of 
personal data; 

Roma integration;  

Police cooperation, taking into account the specific nature of this field; 

Judicial cooperation, taking into account the specific nature of this cooperation when 
it relates to criminal matters; 

Rights of the child; 

Discrimination  based  on  race,  colour,  ethnic  or  social  origin,  genetic  features, 
language, religion or belief, political or any other opinion, membership of a national 
minority, property, birth, disability, age or sexual orientation;  

Immigration and integration of migrants; visa and border control; asylum; 

Racism, xenophobia and related intolerance. 

Article 3  
Complementarity and cooperation with other bodies 

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

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2. 
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  the  general  issues  of 
discrimination referred to in Article 2, point (g), taking into account that it is for the European 
Institute  for  Gender  Equality  (EIGE)39  to  collect  data  on  gender  equality  and  sex 
discrimination. FRA and EIGE should cooperate in the terms established by the cooperation 
agreement of 22 November 2010. 

3. 
The  Agency  shall  cooperate  with  the  European  Foundation  for  the  improvement  of 
living and working conditions (EUROFOUND)40 in the terms established in the cooperation 
agreement of 8 October 2009; with the European Agency for the Management of Operational 
Cooperation  at  the  External  Borders  (FRONTEX)41  in  the  terms  set  out  in  the  cooperation 
agreement of 26 May 2010. It shall moreover cooperate with the European Asylum Support 
Office  (EASO)42,  the  European  Migration  Network43,  the  European  Union’s  Judicial 
Cooperation  Unit  (EUROJUST)44, the European Police Office (EUROPOL)45,  the  European 
Police College (CEPOL)46 and the Agency for the operational management of large-scale IT 
systems in the area of freedom, security and justice (IT Agency)47 in the terms established by 
future respective cooperation agreements. 

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

5. 
The Agency shall coordinate its activities with those of the Council of Europe under 
the  terms  of  Article  9  of  Regulation  (EC)  No  168/2007  and  in  the  Agreement  between  the 
European  Union  and  the  Council  of  Europe  on  cooperation  between  the  EU  Agency  for 
Fundamental Rights and the Council of Europe48, referred to in that Article. 

Done at Brussels, 

For the Council 
The President 

39 
40 
41 
42 
43 
44 
45 
46 
47 
48 

Established by Regulation (EC) No 1922/2006, OJ L 403, 30.12.2006, p. 9. 
Established by Regulation (EEC) No 1365/75, OJ L 139, 30.5.1975, p. 1. 
Established by Regulation (EC) No 2007/2004, OJ L 349, 25.11.2004, p. 1. 
Established by Regulation (EU) No 439/2010, OJ L 132, 29.5.2010, p. 11. 
Established by Council Decision 2008/381/EC, OJ L 131, 21.5.2008, p. 7. 
Established by Council Decision 2002/187/JHA, OJ L 63, 6.3.2002, p. 1. 
Established by Council Decision 2009/371/JHA, OJ L 121, 15.5.2009, p. 37. 
Established by Council Decision 2005/681/JHA, OJ L 256, 1.10.2005, p. 63.  
Established by Regulation (EU) No 1077/2011, OJ L 286, 1.11.2011, p. 1. 
OJ L 186, 15.7.2008, p. 7. 

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