Proposal for a COUNCIL DECISION establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for 2018-2022
Date: 2016-07-05
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU competence, European Union Agency for Fundamental Rights, anti-discriminatory measure, fundamental rights, human rights, judicial cooperation, operation of the Institutions, right to justice, social integration

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   EUROPEAN COMMISSION  Brussels, 5.7.2016  COM(2016) 442 final 2016/0204 (APP)   Proposal for a COUNCIL DECISION establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for 2018-2022  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons 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  are  set-out  in  Article  4  of  the 
Regulation and relate to the collection, analysis and dissemination of reliable and comparable 
information and data, to the development of methods and standards to improve comparability, 
objectivity and reliability of data at European level, and to the formulation of conclusions and 
opinions  on  specific  thematic  topics  for  the  Union  institutions  and  the  Member  States.  The 
Agency  also  raises  public  awareness  of  fundamental  rights  and  disseminates  information 
about its work. The Agency carries out its tasks within the scope of Union law. In doing so 
the  Agency  refers  to  fundamental  rights  as  defined  in  Article  6  of  the  Treaty  on  European 
Union. The Agency is not a legislative or a standard setting body. It is not authorised to deal 
with  the  legality  of  Union  acts  or  with  the  fulfilment  of  Member  States'  obligations  under 
Union law. Its work is instrumental in providing data, assistance and expertise on fundamental 
rights  issues  to  support  evidence-based  policy  making  across  the  EU,  thereby  also 
contributing to the development of a culture of fundamental rights in the EU. 

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 its tasks 
within  the  thematic  areas  set  out  in  that  Framework.  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  and  after  the 
Commission has delivered an opinion. Following requests from the European Parliament, the 
Council or the Commission under Article 4(1)(c) and (d) of the Regulation, the Agency can 
work 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 for 
the  years  2018-2022,  as  required  by  Article  5  of  the  Regulation.  The  current  Multiannual 
Framework (2013-2017) expires at the end of 2017. 

The Agency's five-year Multiannual Framework must be based on a number of elements laid 
down by Article 5 of the Regulation such as: 

(i) The Commission shall consult the Management Board when preparing its proposal; 

(ii)  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 rights; 

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OJ L 53, 22.2.2007, p.1. 

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(iii) The Multiannual Framework must have due regard to the Agency's financial and human 
resources; 

(iv)  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 
rights; 

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

The Commission has also taken into account the following considerations when preparing this 
proposal: 

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

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

(iii)  The  consultations  carried  out  by  the  Agency  and  the  Agency's  internal  and  external 
evaluations. 

Themes proposed: 

Based  on  the  above,  the  Commission  proposes  to  follow  the  opinion  of  the  Agency's 
Management  Board  suggesting  to  confirm  the  previous  thematic  areas  whilst  removing  the 
exclusion  of  judicial  cooperation  in  criminal  matters  and  adding  a  reference  to  police 
cooperation.  In  addition,  within  the  theme  related  to  Roma  integration,  social  inclusion 
aspects would be strengthened. The thematic areas proposed for the Multiannual Framework 
of the Agency for the years 2018-2022 are therefore the following (alphabetical order): 

(a) 

access to justice and victims of crime; 

(b) 

equality and non-discrimination; 

(c) 

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

(d) 

judicial and police cooperation; 

(e) 

migration, borders, asylum and integration of refugees and migrants; 

(f) 

racism, xenophobia and related intolerance; 

(g) 

rights of the child; 

(h) 

Roma integration and social inclusion. 

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    • 

Consistency  with  existing  policy  provisions  in  the  policy  area  and  with  other 
Union policies 

The  current  Multiannual  Framework  (2013-2017)  was  established  on  11  March  2013  by 
Council Decision No 252/2013/EU2. Article 2 of this Decision sets-out the following thematic 
areas: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

access to justice; 

victims of crime, including compensation to victims of crime; 

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

Roma integration; 

judicial cooperation, except in criminal matters; 

rights of the child; 

discrimination  based  on  sex,  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 and asylum; 

racism, xenophobia and related intolerance. 

This proposal confirms the relevance for the next five year period of the thematic areas laid 
down for the Agency for 2013-2017. No theme is withdrawn. Confirming current themes will 
ensure continuity and consistency in the Agency's work. It will allow the Agency to pursue 
ongoing  work  and  reiterate  large  scale  studies  in  these  areas,  in  order  to  improve 
comparability  and  identify  trends.  It  will  also  enable  the  Agency  to  enhance  the  reliability, 
objectivity,  relevance  and  comparability  of  the  data  collected  and  to  be  collected  in  these 
areas. It will allow the Agency to develop and refine its expertise in these domains. 

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  issues  relating  to  fundamental 
rights raised by European Parliament resolutions3 and Council conclusions4 in the last years 

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OJ L 79, 21.3.2013, p.1. 
Main  recent  European  Parliament  Resolutions  pertaining  to  fundamental  rights:  European  Refugee 
Fund, the European Return Fund and the European Fund for the Integration of Third-Country Nationals 
of  06.02.2013;  Online  consumer  dispute  resolution  of  12.03.2013;  Gender  stereotypes  in  the  EU  of 
12.03.2013; The fight against racism, xenophobia and hate crime of 14.03.2013; Integration of migrants 
of  14.03.2013;  Equal  treatment  between  men  and  women  of  16.04.2013;  Standard  settings  for  media 
freedom across the EU of 21.05.2013; Impact of the crisis on access to care for vulnerable groups of 
04.07.2013; EU cybersecurity strategy of 12.09.2013; Unaccompanied minors in the EU of 12.09.2013; 
Migratory flows in the Mediterranean, and Lampedusa of 23.10.2013; Gender aspects of the European 
framework  of  national  Roma  inclusion  strategies  of  10.12.2013;  Rights  and  Citizenship  Programme 
2014-2020  of  10.12.2013;  Women  with  disabilities  of  11.12.2013;  Implementation  of  the  national 
Roma  integration  strategies  of  12.12.2013;  LGBTI  criminalisation  of  16.01.2014;  Roadmap  against 
homophobia  and  discrimination  on  grounds  of  sexual  orientation  and  gender  identity  of  04.02.2014; 
Undocumented  women  migrants  in  the  EU  of  04.02.2014;  Violence  against  women  of  25.02.2014; 
Fundamental  rights  in  the  European  Union  (2012)  of  27.02.2014;  European  arrest  warrant  of 
27.02.2014; Impact of NSA surveillance programme on EU citizens' fundamental rights of 12.03.2014; 
Protection  of  individuals  with  regard  to  the  processing  of  personal  data  of  12.03.2014;  Processing  of 
personal  data  for  the  purposes  of  crime  prevention  of  12.03.2014;  Evaluation  of  justice  in  relation  to 
criminal justice and the rule of law of 12.03.2014; EU citizenship report 2013 of 12.03.2014; Asylum, 

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largely confirm the relevance of the themes proposed for the Multiannual Framework 2018-
2022.  They  also  point  to  the  relevance  of  including  police  cooperation  and  judicial 
cooperation in criminal matters. 

Furthermore,  racism,  xenophobia  and  related  intolerance  remains  a  central  theme  for  the 
Agency's  work  under  the  proposal  which  is  consistent  with  Article  5(2)b  of  the  Regulation 
and with the need to support the Commission and the Member States with data and expertise 
pertaining  to  the  implementation  of  Council  Framework  Decision  2008/913/JHA  on 
combating  certain  forms  and  expressions  of  racism  and  xenophobia  by  means  of  criminal 
law5. 

Moreover,  the  continued  focus  on  equality  and  non-discrimination,  the  rights  of  the  child, 
migration  and  asylum,  the  protection  of  personal  data,  access  to  justice,  victim's  rights  and 
judicial  cooperation  will  also  further  support  the  implementation  of  EU  legislation  and 
policies  in  other  important  areas  of  fundamental  rights6.  Roma  integration  also  remains  a 

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Migration and Integration Fund of 13.03.2014; Network and information security of 13.03.2014; Mid-
term review of the Stockholm Programme of 02.04.2014; Religious freedoms and cultural diversity of 
17.04.2014; Digital single Market of 27.11.2014; Situation in the Mediterranean and holistic approach 
to  migration  of  17.12.2014;  Progress  on  equality  between  women  and  men  in  the  EU  in  2013  of 
10.03.2015; Fight against child sexual abuse on the Internet of 11.03.2015; International Roma Day of 
15.04.2015;  European  Public  Prosecutor's  Office  of  29.04.2015;  UN  Convention  on  the  Rights  of 
Persons with  Disabilities  of  20.05.2015;  The  EU  Strategy  for  equality  between  women  and  men  post 
2015 of 09.06.2015; European Agenda on Security of 09.07.2015; Situation of fundamental rights in the 
EU  (2013-2014)  of  08.09.2015;  Migration  and  refugees  in  Europe  of  10.09.2015;  Electronic  mass 
surveillance of EU citizens of 29.10.2015; Reducing inequalities with a special focus on child poverty 
of  24.11.2015;  Cohesion  policy  and  marginalised  communities  of  24.11.2015;  Prevention  of 
radicalisation and recruitment of European citizens by terrorist organisations of 25.11.2015; Towards a 
Digital Single Market Act of 19.01.2016; Role of intercultural dialogue, cultural diversity and education 
in promoting EU fundamental values of 19.01.2016; Presumption of innocence and right to be present 
at trial in criminal proceedings of 20.01.2016; Procedural safeguards for children suspected or accused 
in criminal proceedings of 9.03.2016. 
Main  recent  Council  Conclusions  pertaining  to  fundamental  rights:  Commission  2012  Report  on  the 
Application  of  the  Charter  of  29.05.2013;  Cybersecurity  Strategy  of  22.07.2013;  EU  Cybersecurity 
strategy  of  23.10.2013;  Evaluation  of  the  European  Union  Agency  for  Fundamental  rights  of  5-
6.12.2013;  Combatting  hate  crime  in  the  EU  of  5.12.2013;  Advancement  of  Women  and  Gender 
Equality  of  10.12.2013;  Social  situation  in  the  EU  of  12.03.2014;  Commission  2013  report  on  the 
application of the EU Charter of Fundamental Rights of 21.05.2014; Freedom, Security and Justice and 
some  related  horizontal  issues  of  16.07.2014;  Protection  and  promotion  of  the  rights  of  the  child  of 
05.12.2014; Application of the Charter of 22.05.2015; Cyber diplomacy of 11.02.2015; Action Plan on 
HR and Democracy of 20.07.2015; Migration of 20.07.2015; Migration of 12.10.2015. 
OJ L 328, 6.12.2008, p.55. 
Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for  equal 
treatment in employment and occupation, OJ L 303, 2.12.2000, p. 16; Council Directive 2000/43/EC of 
29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or 
ethnic  origin,  OJ  L  180,  19.7.2000,  p.  22;  Communication  from  the  Commission  to  the  European 
Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions: An  EU  Agenda  for the  Rights of  the  Child,  COM(2011) 60  final; Communication  from  the 
Commission to the European Parliament, the Council, the European Economic and Social Committee 
and the Committee of the Regions: A European Agenda On Migration, COM(2015) 240 final; Directive 
2010/64/EU  of  the  European  Parliament  and  of  the  Council  of  20  October  2010  on  the  right  to 
interpretation  and  translation  in  criminal  proceedings,  OJ  L  280,  26.10.2010,  p.  1;  Directive 
2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to 
a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a 
third  party  informed  upon  deprivation  of  liberty  and  to  communicate  with  third  persons  and  with 
consular authorities while deprived of liberty, OJ L 294, 6.11.2013, p. 1; Directive (EU) 2016/343 of 
the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of 
the presumption of innocence and of the right to be present at the trial in criminal proceedings, OJ L 65, 
11.3.2016, p. 1; Directive/2016/800/EU of the European Parliament and of the Council on procedural 

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strong  priority  and  an  area  where  the  Agency  still  has  much  to  deliver.  Highlighting  social 
inclusion in this respect, as proposed by the Agency's Management Board, is well in line with 
EU developments in this area7. 

Finally, pursuant to  Article 5(2)e of the Regulation, the proposal includes  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  rights8.  The  most  relevant  Union  agencies  and  bodies  in  relation  to  this 
proposal  are  the  European  Asylum  Support  Office  (EASO)9,  the  European  Agency  for  the 
Management  of  Operational  Cooperation  at  the  External  Borders  (FRONTEX)10,  the 
European  Institute  for  Gender  Equality  (EIGE)11,  the  European  Data  Protection  Supervisor 
(EDPS)12,  European  Union  Agency  for  Network  and  Information  Security  (ENISA)13,  the 
European  Union’s  Judicial  Cooperation  Unit  (EUROJUST)14,  the  European  Police  Office 
(EUROPOL)15,  the  European  Police  College  (CEPOL)16,  the  European  Foundation  for  the 
improvement of living and working conditions (EUROFOUND)17 and the European Agency 
for the operational management of large-scale IT systems in the area of freedom, security and 
justice (eu-LISA)18. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the decision establishing the Multiannual Framework 2018-2022 is Article 
352 of the Treaty on the Functioning of the European Union (TFEU). This was also the legal 
basis for the decision establishing the Multiannual Framework 2013-2017. 

safeguards  for  children  involved  in  criminal  proceedings,  OJ  L  132,  21.5.2016,  p.  1;  Commission 
proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  provisional  legal  aid  for 
suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings, 
COM(2013)  824  final;  Directive  of  the  European  Parliament  and  of  the  Council  on  the  protection  of 
natural persons with regard to the processing of personal data by competent authorities for the purposes 
of  the  prevention,  investigation,  detection  or  prosecution  of  criminal  offences  or  the  execution  of 
criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 
2008/977/JHA, OJ L 119, 4.5.2016, p. 189; Regulation of the European Parliament and of the Council 
on  the  protection  of  natural  persons  with  regard  to  the  processing  of  personal  data  and  on  the  free 
movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 
119, 4.5.2016, p.1. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and  the Committee of the Regions: An EU Framework for National 
Roma  Integration  Strategies  up  to  2020,  COM(2011)  173  final;  Council  Recommendation  of  9 
December 2013 on effective Roma integration measures in the Member States, OJ C 378, 24.12.2013, 
p.  1;  Communication  from  the  Commission:  Europe  2020  A  strategy  for  smart,  sustainable  and 
inclusive growth, COM(2010) 2020 final; Public consultation on the European Pillar of Social Rights: 
http://ec.europa.eu/priorities/deeper-and-fairer-economic-and-monetary-union/towards-european-pillar-
social-rights/public_en. 
Article 5(2)(e) of the Agency's founding Regulation. 
Established by Regulation (EU) No 439/2010, OJ L 132, 29.5.2010, p. 11. 
Established by Regulation (EC) No 2007/2004, OJ L 349, 25.11.2004, p. 1. 
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 Regulation (EC) No 460/2004, OJ L 077, 13.03.2004, 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 (EEC) No 1365/75, OJ L 139, 30.5.1975, p. 1. 
Established by Regulation (EU) No 1077/2011, OJ L 286, 1.11.2011, p. 1. 

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It  is  to  be  noted  that  for  the  first  Multiannual  Framework  2007-2012  the  legal  basis  was 
Article  5(1)  of  the  Agency's  Regulation  (Council  Regulation  No168/2007).  However,  this 
legal basis cannot be used anymore because it is a secondary legal basis within the meaning of 
the Court of Justice of the European Union’s judgment in case C-133/0619. The legal basis for 
Multiannual Framework proposals should 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 on the Functioning of the European Union 
(TFEU) 

• 

Subsidiarity 

Article  5(1)  of  the  Agency's  Regulation  provides  that  the Agency's  Multiannual  Framework 
shall be adopted every five years by the Council, acting on a proposal from the Commission 
and  after  consulting  the  European  Parliament.  This  is  therefore  a  recurring  and  compulsory 
EU initiative, allowing to confirm or update the thematic areas on which the Agency should 
focus its work for the next five year period. 

• 

Proportionality 

The proposal is proportionate as it follows the format and scope prescribed by the Regulation. 
There is no latitude for the Commission. It is to be noted also that the Agency was established 
to  develop  a  body  of  relevant,  objective,  reliable  and  comparable  information  and  data  on 
fundamental  rights  issues  at  European  level  in  order  to  fill  the  knowledge  gap  in  the  areas 
covered by the Multiannual Framework. There is currently no less burdensome way to collect 
and centralise comparable fundamental rights' relevant information from all Member States to 
support  the  development  of  evidenced  based  policies  in  the  EU  in  the  area  of  fundamental 
rights. This was confirmed by the Agency's external evaluation carried out in 201220. 

• 

Choice of the instrument 

There is no choice for the instrument to be used. Article 5 of the Regulation provides that the 
Multiannual  Framework  shall  be  established  by  the  Council,  acting  on  a  proposal  from  the 
Commission and after consulting the European Parliament. 

In  conformity with  Article 352 TFEU which is the legal  basis for the proposal, the Council 
shall  adopt  its  decision,  acting  unanimously,  on  a  proposal  from  the  Commission  and  after 
obtaining the consent of the European Parliament. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluation 

• 
As  per  Article  30(4)  of  the  Regulation,  an  external  evaluation  was  conducted  in  201221.  It 
gave a favourable assessment in terms of adequacy of the Agency's assistance and expertise. 
A  new  external  evaluation  will  be  carried  out  in  2017  and  will  look  at  progress  and 
achievements  since  the  last  evaluation.  It  will  cover  the  way  in  which  the  Agency 

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Judgment of 6 May 2008, Parliament v. Council, case C-133/06, ECR 2008 p. I-3189.  
Ramboll,  Evaluation  of  the  European  Agency  for  Fundamental  Rights,  Final  report,  November  2012, 
p.63, http://fra.europa.eu/sites/default/files/fra-external_evaluation-final-report.pdf, point 3.4. 
Ramboll,  Evaluation  of  the  European  Agency  for  Fundamental  Rights,  Final  report,  November  2012, 
p.63, http://fra.europa.eu/sites/default/files/fra-external_evaluation-final-report.pdf. 

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implemented  its  work  programme,  within  the  2013-2017  Multiannual  Framework  (See  also 
point 5 below for other monitoring, evaluation and reporting arrangements). 

• 

Stakeholder consultation and collection and use of expertise 

The Regulation requires that the Commission consults the Agency's Management Board when 
preparing its proposal  on the Multiannual Framework. The Commission  asked the Agency's 
Management Board at its meeting of 19-20 May 2015 to prepare grounds for an opinion to be 
delivered to the Commission in early 2016. The opinion providing the Management Board's 
views for revising the current Multiannual Framework was delivered to the Commission on 1 
March  201622.  The  opinion  is  based  on  discussions  during  the  Management  Board's 
September  2015  meeting,  a  targeted  stakeholders'  consultation  in  September  2015,  a 
stakeholders'  meeting in November  2015, the opinion of the Agency's  Scientific  Committee 
and a mid-term review of the Agency's activities between 2013-201523. The Commission also 
consulted the Agency's Management Board on its draft proposal at its meeting of 19-20 May 
2016. 

The  mid-term  review  of  the  Agency's  activities  between  2013-2015  concluded  to  the 
relevance of the thematic objectives of the current Multiannual Framework and to the need to 
further develop  the Agency's expertise and pool of data in these areas. This  conclusion  was 
informed in particular by stock taking reports assessing achievements for each thematic area 
and  putting  forward  a  preliminary  analysis  of  the  impact  achieved  in  the  different  thematic 
areas. 

The targeted stakeholders' consultation24 was based on a questionnaire about the Multiannual 
Framework  and  its  revision.  86%  of  all  respondents  found  that  the  current  Multiannual 
Framework  themes  were  still  relevant  and  should  be  kept  in  the  Agency's  new  Multiannual 
Framework for 2018-2022. This was confirmed by the November 2015 stakeholders' meeting, 
the  opinion  of  the  Scientific  Committee  and  by  the  Agency's  Management  Board's  opinion 
delivered on 1 March 2016. 

• 

Impact assessment 

Article 5 of the Regulation prescribes that the thematic areas of activity of the Agency must 
be laid down in a five-year Multiannual Framework to be adopted by the Council acting on a 
proposal by the Commission. The current Multiannual Framework (2013-2017) expires at the 
end  of  2017.  Making  a  proposal  for  a  new  Multiannual  Framework  is  thus  a  compulsory, 
recurring  task  under  the  Regulation.  It  is  not  optional.  Furthermore,  the  themes  under  the 
previous  Multiannual  Framework  remain  relevant.  One  of  them  is  obligatorily  fight  against 
racism, xenophobia and related intolerance, as prescribed by article 5 (2)b of the Regulation. 
There is therefore not much latitude on the themes either. 

The Multiannual Framework does not entail any budgetary implications (see point 4). 

The  better  regulation  guidelines  'toolbox'  makes  clear  that  an  impact  assessment  is  only 
required  when  the  expected  economic,  environmental  or  social  impacts  of  EU  action  are 

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http://fra.europa.eu/en/about-fra/what-we-do/areas-of-work/multi-annual-framework-2018-2022. 
http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-mid-term-review-strategic-plan-2013-
2017_en.pdf. 
A questionnaire was sent to around to 500 targeted contacts in civil society organisations and national 
human  right  bodies  (equality  bodies,  National  Human  Rights  institutions  and  Ombuds  institutions). 
Results  can  be  found  on:  http://fra.europa.eu/en/about-fra/what-we-do/areas-of-work/multi-annual-
framework-2018-2022. 

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likely  to  be significant, which is  not the case for the Multiannual Framework. The 'toolbox' 
also  indicates  that  an  impact  assessment  is  not  necessary  "when  there  is  little  or  no  choice 
available  for  the  Commission  (for  instance  when  the  Commission  is  implementing  previous 
policy  decisions  already  subject  to  an  impact  assessment)"25.  This  is  the  case  for  the 
Multiannual Framework as under the Regulation, which was subject to an impact assessment 
that covered the obligation for a Multiannual Framework, the Commission has no option but 
to make a proposal on a Multiannual Framework every five years. 

In  accordance  with  the  guidelines'  requirements,  the  absence  of  impact  assessment  and  its 
justification was flagged in the roadmap for the proposal. 

4. 

BUDGETARY IMPLICATIONS 

The  proposal  does  not  have  any  direct  implication  for  the  EU  budget.  The  Multiannual 
Framework sets the thematic frame in which the Agency must carry-out its tasks. The Agency 
will  develop  projects  within  the  areas  of  its  Multiannual  Framework  and  within  the  human 
and financial resources in the Agency's annual budget as adopted by the budgetary authority. 
This will be detailed in the Agency's programming documents. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Pursuant to Article 12(6)a of the Regulation, the Agency's Management Board shall adopt the 
Agency's  work  programme  in  accordance  with  the  Multiannual  Framework  and  after  the 
Commission  and  the  Scientific  Committee  have  delivered  an  opinion.  This  contributes  to 
ensuring the consistency of the Agency's activities with the Multiannual Framework. 

Furthermore, the Agency draws-up a Strategic Plan for the period covered by the Multiannual 
Framework, setting out its objectives and expected results for each of the thematic areas. This 
serves as guidance for the preparation of the programming documents. 

The  Agency  publishes  an  annual  report  on  its  activities  pursuant  to  Article  4(1)g  of  the 
Regulation and regularly carries out internal evaluations of its work, based on the Multiannual 
Framework,  the  Strategic  Plan  and  its  programming  documents.  A  mid-term  review  was 
conducted in November 2015 covering the period 2013-201526. It was based on stock taking 
reports for each of the thematic areas covered by the Multiannual Framework and illustrated 
the main achievements. It also provided a preliminary impact analysis on the accomplishment 
of  the  ‘Objectives’  and  ‘Expected  results’  foreseen  in  the  Agency's  Strategic  Plan  2013-
201727 for each thematic area. This was discussed by the Management Board in its meeting of 
September  2015.  The  stock-taking  exercise  and  mid-term  review  also  contributed  to  the 
reflection on thematic areas for the Agency's Multiannual Framework 2018 – 2022. 
Moreover, as mentioned in  point 3, an external evaluation was conducted in  201228. A new 
external evaluation will be carried out in 2017. 

25 
26 

27 
28 

http://ec.europa.eu/smart-regulation/guidelines/tool_5_en.htm. 
http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-mid-term-review-strategic-plan-2013-
2017_en.pdf. 
http://fra.europa.eu/sites/default/files/fra_strategic_plan_en.pdf. 
Ramboll,  Evaluation  of  the  European  Agency  for  Fundamental  Rights,  Final  report,  November  2012, 
p.63, http://fra.europa.eu/sites/default/files/fra-external_evaluation-final-report.pdf. 

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• 

Detailed explanation of the specific provisions of the proposal 

Access to justice and victims of crime: These areas are already thematic areas of focus 
- 
for the Agency under the Multiannual Framework 2013-2017. They are closely related as they 
cover  the  pathway  to  effective  justice  for  citizens.  They  can  therefore  be  regrouped  for  the 
sake  also  of  simplifying  the  Multiannual  Framework.  The  Stockholm  Programme  has 
underlined the need for better access to justice in the EU and for improved support for those 
who fall victim of crime in the EU. In its Communication on an EU Justice Agenda for 202029 
the Commission referred to the importance to facilitate access to justice on equal terms in the 
Member States and ensure swift, reliable and trustworthy remedy, including through "out of 
court" solutions. It also highlighted EU efforts to uphold the rights of victims of crime30 and 
the respect of the right to an effective remedy. The European Council in its Conclusions of 27 
June  2014  defining  strategic  guidelines  for  the  area  of  freedom,  security  and  justice 
underlined  the  need  to  further  simplify  access  to  justice,  promote  effective  remedies  and 
reinforce the protection of victims. A call was made to mobilise the expertise of the Agency in 
this context. The Agency has in the past years gradually developed its expertise in this area. It 
for  instance  published  a  report  on  Victims  of  crime  in  the  EU31,  a  report  on  severe  labour 
exploitation32 and large scale surveys which include questions on respondents' experiences as 
victims  of  crime  (European  Union  Minorities  and  Discrimination  survey,  survey  on  LGBT 
persons,  survey  on  Jewish  people's  experiences  and  perceptions  of  antisemitism,  violence 
against women surveys)33. The Agency has furthermore produced general reports on access to 
justice,  including  in  specific  settings  (e.g.  asylum  seekers,  data  protection,  children  and  in 
relation to the freedom to conduct a business), launched Clarity online guidance on where to 
turn  to  get  remedy  (to  be  included  in  e-justice  before  the  end  of  2016),  and  is  currently 
working  on a Handbook on Access to  justice in Europe34. In  order  to  enable the Agency to 
pursue  its  work  in  these  areas  and  further  develop  its  expertise  and  body  of  reliable  and 
comparable data, these thematic areas should be confirmed in the Multiannual Framework for 
the  period  2018-2022.  This  also  came  out  clearly  in  the  internal  evaluations  of  the  Agency 
and  in  the  public  consultation  launched  by  the  Agency  in  the  autumn  2015,  where  an 
overwhelming  majority  of  respondents  indicated  that  these  areas  of  focus  should  be 
maintained.  Maintaining  these  areas  of  focus  is  supported  by  the  Agency's  Management 
Board. 

- 
Equality  and  non-discrimination:  It  is  expected  that  the  Agency  will  continue  to 
collect  data  on  discrimination  and  equality.  This  was  a  central  area  for  the  Multiannual 
Framework 2013-2017 and it should remain so. To simplify the wording used in the previous 
Multiannual  Framework,  reference  should  be  made  to  equality  and  non-discrimination  in 
general and not enumerate the specific grounds of discrimination covered by Article 21 of the 
Charter  of  Fundamental  Rights  of  the  European  Union.  It  is  to  be  noted  that  gender  issues 

29 
30 

31 
32 

33 
34 

COM(2014) 144 final. 
Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57; Council Directive 2004/80/EC of 29 
April 2004 relating to compensation to crime victims, OJ L 261, 6.8.2004, p. 15; Directive 2011/99/EU 
of the European Parliament and of the Council of 13 December 2011 on the European protection order, 
OJ  L  338,  21.12.2011,  p.  2;  Regulation  (EU)  No  606/2013  of  the  European  Parliament  and  of  the 
Council  of  12  June  2013  on  mutual  recognition  of  protection  measures  in  civil  matters,  OJ  L  181, 
29.6.2013, p. 4. 
http://fra.europa.eu/en/publication/2014/victims-crime-eu-extent-and-nature-support-victims. 
http://fra.europa.eu/en/publication/2015/severe-labour-exploitation-workers-moving-within-or-
european-union. 
http://fra.europa.eu/en/research/surveys. 
http://fra.europa.eu/en/project/2014/handbook-access-justice-europe. 

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should  only  be  dealt  with  in  close  consultation  and  cooperation  with  EIGE  which  has  as  a 
specific mandate to collect data on gender equality and discrimination based on gender. The 
Agency has published a number of relevant reports on equality and non-discrimination over 
the last years (people with disabilities35, discrimination based on sexual orientation36, situation 
on Equality in the EU37). Its EU Minorities and Discrimination Survey (EU-MIDIS II)38 will 
be  regularly  reiterated  in  order  to  be  able  to  identify  trends.  The  Agency  is  furthermore 
playing  a  specific  role  within  the  Convention  on  the  Rights  of  Persons  with  Disabilities. 
Continued work on equality and non-discrimination by the Agency will be important to raise 
awareness  on  issues  on  the  ground  and  further  support  policy  making  in  the  area.  This  is 
supported also by the Agency's stakeholders as shown during the consultation process and by 
the Agency's Management Board. 

Information  society  and,  in  particular,  respect  for  private  life  and  protection  of 
- 
personal data: with the Digital Agenda for Europe39, the European Commission underlined the 
crucial role of ICT and particularly the internet as “a vital medium of economic and societal 
activity:  for  doing  business,  working,  playing,  communicating  and  expressing  ourselves 
freely.”  The  Digital  Single  Market  Strategy  confirmed  this  approach.  The  Strategy  pays 
particular  attention  to  its  impact  on  the  fundamental  right  to  freedom  of  expression  and 
information.  

It will be important to consolidate online trust and security and ensure access to a plurality of 
information, sources and views. This can be done by addressing fundamental rights issues in 
the cyberspace, in particular by strengthening policies to protect and enhance media freedom 
and pluralism, foster  media literacy, foster privacy and personal data protection and combat 
cybercrime. Specific initiatives were taken by the EU, such as the Directive on combating the 
sexual abuse and sexual exploitation of children and child pornography40, the EU Cybercrime 
Strategy41, the development of the European Cybercrime Centre within Europol, the Directive 
addressing  trafficking  in  human  beings42  and  the  new  EU  legislative  framework  for  data 
protection43. Fundamental rights online are also an important element in Internet Governance.  

35 
36 
37 

38 
39 
40 

41 

42 

43 

http://fra.europa.eu/en/theme/people-disabilities. 
http://fra.europa.eu/en/theme/lgbti. 
http://fra.europa.eu/en/opinion/2013/fra-opinion-situation-equality-european-union-10-years-initial-
implementation-equality. 
http://fra.europa.eu/en/project/2015/eu-midis-ii-european-union-minorities-and-discrimination-survey. 
COM(2010) 245 final. 
Directive  2011/93/EU  of  the  European  Parliament  and  of  the  Council  of  13  December  2011  on 
combating  the  sexual  abuse  and  sexual  exploitation  of  children  and  child  pornography,  and  replacing 
Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1. 
Joint  Communication  to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee and the Committee of the Regions Cybersecurity Strategy of the European Union: An Open, 
Safe and Secure Cyberspace, JOIN/2013/01 final. 
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and 
combating  trafficking  in  human  beings  and  protecting  its  victims,  and  replacing  Council  Framework 
Decision 2002/629/JHA, OJ L 101,15.4.2011, p.1. 
Directive  of  the  European  Parliament  and  of  the  Council  on  the  protection  of  natural  persons  with 
regard to the processing of personal data by competent authorities for the purposes of the prevention, 
investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and 
on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, OJ L 
119,  4.5.2016,  p.  89;  Regulation  of  the  European  Parliament  and  of  the  Council  on  the  protection  of 
natural persons with regard to the processing of personal data and on the free movement of such data, 
and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p.1. 

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The  Agency  has  produced  a  number  of  studies  in  the  area  of  data  protection  such  as  a 
Handbook on European data protection case law44, a study on remedy available to individuals 
in relation to surveillance practices45, and is currently working on a study on the fundamental 
rights implications of the use of biometric data46. It is important that the Agency reinforces its 
expertise  and  collects  data  on  fundamental  rights  issues  pertaining  to  the  digital  world  – 
including media content – and the governance of the Internet and on problems on the ground 
pertaining to the implementation of EU law in this area. The Agency will closely work with 
other EU agencies and actors in these fields, such as the European Data Protection Supervisor, 
the European Data Protection Board, ENISA, eu-LISA and the Joint Research Service (JRC). 

- 
Judicial  and  police  cooperation:  In  its  Communication  on  an  EU  Justice  Agenda  for 
202047  the  Commission  underlined  the  importance  of  enhancing  mutual  trust  by  building 
bridges between the different justice and administrative systems of the Member States. This 
applies  to  civil,  commercial,  administrative  and  criminal  matters  and  implies  fostering 
cooperation between judicial, administrative and law enforcement authorities and developing 
minimum  standards  across  the  EU.  It  is  important  that  the  Agency  is  able  to  support  by  its 
research  and  data  initiatives  aiming  at  reinforcing  judicial  cooperation.  This  thematic  area 
should therefore remain in the 2018-2022 Multiannual Framework. 

It  is  to  be  noted  that  judicial  cooperation  on  criminal  matters  was  excluded  from  the  2013-
2017  Multiannual  Framework  by  the  Council.  The  Commission  had  however  included  this 
area in its 2011 proposal48. The European Parliament also strongly advocated the inclusion of 
criminal and police cooperation in the Agency's current Multiannual Framework and deeply 
regretted  the  lack  of  agreement  in  the  Council  in  this  regard49.  Indeed,  since  the  entry  into 
force of the Lisbon Treaty, judicial cooperation in criminal matters is part of the EU acquis 
and important EU initiatives have been taken in this area such as for example the creation of a 
European  Prosecutors  Office50  and  common  standards  for  the  protection  of  the  rights  of 
suspects  and  accused  persons  in  criminal  procedures51.  The  European  Council  in  its 

44 
45 

46 
47 
48 

49 

50 

51 

http://fra.europa.eu/en/project/2012/handbook-european-data-protection-case-law. 
http://fra.europa.eu/en/project/2014/national-intelligence-authorities-and-surveillance-eu-fundamental-
rights-safeguards-and. 
http://fra.europa.eu/en/project/2012/handbook-european-data-protection-case-law. 
COM(2014) 144 final. 
Commission proposal for a Council Decision establishing a Multiannual Framework for the European 
Union Agency for Fundamental Rights for 2013-2017, COM(2011) 880 final. 
Resolution P7_TA(2012)0500 of 12 December 2012 on the situation of Fundamental Rights in the EU 
(2010-2011),  paragraph  45;  Report  of  the  Rapporteur  on  the  current  Multiannual  Framework: 
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A7-2012-
0361&language=EN.  
Proposal  for  a  Council  Regulation  on  the  establishment  of  the  European  Public  Prosecutor's  Office, 
COM(2013) 534 final. 
Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to 
interpretation  and  translation  in  criminal  proceedings,  OJ  L  280,  26.10.2010,  p.  1;  Directive 
2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to 
a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a 
third  party  informed  upon  deprivation  of  liberty  and  to  communicate  with  third  persons  and  with 
consular authorities while deprived of liberty, OJ L 294, 6.11.2013, p. 1; Directive (EU) 2016/343 of 
the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of 
the presumption of innocence and of the right to be present at the trial in criminal proceedings, OJ L 65, 
11.3.2016, p. 1; Directive/2016/800/EU of the European Parliament and of the Council of 11 May 2016 
on  procedural  safeguards  for  children  involved  in  criminal  proceedings,  OJ  L  132,  21.5.2016,  p.1; 
Commission  proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  provisional 
legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant 
proceedings, COM(2013) 824 final. 

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Conclusions  of  27  June  2014  defining  strategic  guidelines  for  the  area  of  freedom,  security 
and  justice  underlined  amongst  other  things  the  need  to  continue  efforts  to  strengthen  the 
rights of suspects and accused persons in criminal proceedings. A call was made to mobilise 
the expertise of the Agency in this context. Furthermore, end 2014 the transitional phase set 
out in the Lisbon Treaty for the area of justice came to an end. This lifted limitations to the 
judicial control by the Court of Justice of the European Union and to the Commission's role as 
Guardian  of  the  Treaty  over  the  area  of  police  and  judicial  cooperation  in  criminal  matters. 
Data and information on the situation on the ground is thus important for the Commission to 
carry out its monitoring role. The Agency's work in the area of criminal justice already proved 
useful, on the basis of ad hoc studies made at Commission's request (on children in criminal 
proceedings52,  transfer  of  prisoners53,  right  to  interpretation,  translation  and  information  in 
criminal  proceedings54).  It should now be  fully part of the thematic on judicial cooperation. 
This  was  strongly  supported  by  the  Agency's  Management  Board  in  its  opinion  and  raised 
also in the external evaluation of the Agency carried out in 201255. 

This also applies to police cooperation which should be expressly mentioned in the 2018-2022 
Multiannual  Framework.  The  importance  of  strengthening  police  cooperation  was  already 
underlined by the European Council in its conclusions of 27 June 2014 and made all the more 
clear following the terrorist attacks that struck EU member States in 2015. The fundamental 
rights  dimension  is  crucial  in  this  respect.  This  was  highlighted  by  the  Commission  in  its 
communication  on  a  European  Agenda  on  Security56.  Also  in  this  domain  the  Agency 
provided  valuable  support  on  the  basis  of  ad  hoc  requests  from  Commission  services.  For 
example,  it  developed  "Twelve  operational  fundamental  rights  considerations  for  law 
enforcement when processing Passenger Name Record (PNR) data" in the context of assisting 
Member  States  in  developing  the  appropriate  fundamental  rights  standards  when  processing 
PNR  data.  Strengthened  police  cooperation  is  also  needed  in  the  light  of  the  refugee  crisis 
which brings about an increase in trafficking in human beings and smuggling of migrants. It is 
important  that  the  Agency  can  support  through  reliable  and  comparable  data  and  the 
collection of best practices, initiatives in areas such as for example fight against smuggling of 
migrants, organised crimes and terrorism. 

- 
Migration, borders, asylum and integration of refugees and migrants: Due to the sharp 
increase  of  the  numbers  of  asylum  seekers  in  the  last  years,  migration  has  become  a  high 
priority for the Commission, as emphasized by President Juncker in his speech on the State of 
the Union on 9 September 2015 and as demonstrated by the adoption of the European Agenda 
on Migration in May 201557 and the numerous initiatives already taken by the Commission in 

52 

53 

54 

55 

56 

57 

http://fra.europa.eu/en/publication/2015/child-friendly-justice-perspectives-and-experiences-
professionals-childrens. 
http://fra.europa.eu/en/project/2015/rehabilitation-and-mutual-recognition-practice-concerning-eu-law-
transfer-persons. 
http://fra.europa.eu/en/project/2015/right-interpretation-and-translation-and-right-information-criminal-
proceedings-eu. 
Ramboll,  Evaluation  of  the  European  Agency  for  Fundamental  Rights,  Final  report,  November  2012, 
p.63,  http://fra.europa.eu/sites/default/files/fra-external_evaluation-final-report.pdf.  The  Agency's  2012 
external  evaluation  concluded  that  the  exclusion  of  judicial  cooperation  in  criminal  matters  from  the 
Multiannual framework was seen to be inconsistent from the European citizens' perspective (see p. vii, 
63, 71 and 97). 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions, The European Agenda on Security, 
COM(2015) 185 final. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions: A European Agenda on Migration, 
COM(2015) 240 final. 

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land  borders",  "handbook  on  European 

this  field  or  still  to  come.  In  this  context  and  considering  the  increasing  migratory  flows 
towards the EU, the work carried out by the Agency is crucial in highlighting issues on the 
ground. The Agency should continue to work on the collection of data on this topic in close 
cooperation  with  other  EU  agencies,  in  particular  EASO  and  FRONTEX.  The  Agency  has 
already published a number of reports in the last years (e.g. "return/transfer of children at risk 
who  are  EU  nationals",  "social  inclusion  and  migrant  participation  in  society",  "alternative 
detention  for  asylum  seekers  and  people  in  return  procedures",  "costs  of  exclusion  from 
healthcare – the case of migrants in irregular situation", "fundamental rights at land borders: 
findings  from  selected  European  union  border  crossing  points",  "legal  entry  channels  to  the 
EU for persons in need of international protection: a toolbox", "fundamental rights at airports 
and 
to  asylum,  borders  and 
immigration")58 and took part in training activities on fundamental rights for border guards in 
cooperation  with  FRONTEX.  It  is  also  publishing  regular  data  collection  on  the  current 
migration situation in the EU59. As far as the integration of migrants (including refugees) is 
concerned,  the  Agency  will  conduct  in  2016  and  2017  two  major  projects  on  migrants' 
integration.  First,  the  second  wave  of  the  EU  Minorities  and  Discrimination  survey  (EU-
MIDIS  II)  which  will  enable  to  identify  trends.  Second,  the  collection  of  information  on 
national  and  regional/local  policies  on  social  inclusion  and  migrant  participation  in  society 
through  the  Agency's  research  network  FRANET  (SIMPS).  This  important  work  on 
discrimination  towards  migrants  and  on  social  inclusion  will  have  to  be  continued  beyond 
2018. Stakeholders are largely supporting the Agency's continued work on migration issues. 
A  call  for  the  Agency  to  further  work  on  these  issues  was  also  made  by  its  Management 
Board. 

law  relating 

- 
Racism, xenophobia and related intolerance: this thematic area must be included in the 
Multiannual  Framework  as  prescribed  by  Article  5  (2)b  if  the  Regulation  itself.  Racism, 
xenophobia  and  other  expressions  of  intolerance  are  on  the  rise  in  the  EU,  both  on  and  off 
line. Growing challenges are brought on by the fight against terrorism and radicalisation and 
in  the  area  of  migration.  The  EU  has  availed  itself  of  a  common  framework  on  combatting 
racism  and  xenophobia60  which  is  being  closely  monitored  by  the  Commission.  The 
Commission's first Annual Colloquium on Fundamental Rights resulted in a list of actions to 
fight hate crime and hate speech and foster a culture of inclusive tolerance in the EU61. During 
the Colloquium the lack of reliable and comparable data on hate crime was underlined. It is 
therefore important that the Agency focusses its work in helping Member States to progress in 
this area, including by developing a common methodology to record hate crime. It should do 
so  in  cooperation  with  Eurostat.  It  will  furthermore  be  important  that  the  Agency  regularly 
reiterates its large scale studies such as the one on antisemitism in order to identify trends, and 
develops a body of data on anti-Muslim hatred and a separate body of data on xenophobia in 
light of the migration context. 

- 
Rights  of  the  child:  The  promotion  and  protection  of  the  rights  of  the  child  is 
enshrined in the Charter of Fundamental Rights of the EU and is a priority for the EU. It was 
a  major  area  of  focus  for  the  Agency's  work  under  the  Multiannual  Framework  2013-2017. 
The Agency has published a wealth of research  on rights of the child of relevance also to a 
number  of  other  policy  areas  such  as  asylum  and  migration,  social  inclusion,  justice,  non-

58 
59 
60 

61 

http://fra.europa.eu/en/theme/asylum-migration-borders. 
http://fra.europa.eu/en/theme/asylum-migration-borders/overviews. 
Council  Framework  Decision  2008/913/JHA  of  28  November  2008  on  combating  certain  forms  and 
expressions of racism and xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55. 
http://ec.europa.eu/justice/events/colloquium-fundamental-rights-
2015/files/fundamental_rights_colloquium_conclusions_en.pdf. 

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discrimination, racism and xenophobia, violence against  children, child protection and child 
welfare62. The Commission organises an annual European Forum on the rights of the child 63 
and  has  recently  taken  steps  in  the  area  of  child  protection  systems64  and  children  in 
migration65. Child-rights focused research and data is essential to support and inform EU and 
national  initiatives.  It  is  important  that  rights  of  the  child  remain  an  area  of  focus  for  the 
Agency for 2018-2022 in order to allow it to continue to collect data and track progress and 
trends over time on issues such as child-friendly justice and children in vulnerable situations, 
making  operational  the  indicators  on  the  rights  of  the  child  developed  by  the  Agency.  This 
was strongly supported by the Agency's Management Board. 

- 
Roma integration and social inclusion: Roma integration constitutes a clear priority for 
the EU. The ‘EU Framework for National Roma Integration Strategies up to 2020’ requests 
the Agency to collect data across the Member States on the situation of Roma with respect to 
access  to  employment,  education,  healthcare  and  housing,  as  well  as  to  work  with  Member 
States  to  develop  monitoring  methods  which  can  provide  a  comparative  analysis  of  the 
situation of Roma across Europe. The Agency has developed an expertise in the collection of 
data on Roma issues over the last years, as shown by its reports on the situation of Roma in 11 
Member  States,  the  situation  of  Roma  EU  citizens  moving  to  and  settling  in  other  EU 
Member States and the EU Minorities and Discrimination Survey66. Keeping Roma as a key 
thematic  priority  was  called  for  by  stakeholders  as  shown  by  the  results  of  the  public 
consultation  carried  out  by  the  Agency.  It  was  also  clearly  supported  by  the  Agency's 
Management Board. The Agency should therefore continue its efforts to provide data for all 
Member States, based also on the set of Roma integration indicators to be developed by the 
Agency  in  complementarity  with  the  online  reporting  tool  developed  by  the  Commission. 
Social inclusion deserves strengthened focus in this context in light of the importance of the 
fight  against  poverty  and  social  exclusion  which  is  one  the  EU's  five  targets  in  the  Europe 
2020  growth  strategy.  The  Agency's  experience  in  collecting  information  on  the  social 
inclusion  experience  of  Roma  and  other  minorities  and  vulnerable  groups  (for  example 
through surveys such as EU-MIDIS: the EU Minorities and Discrimination Survey or projects 
such as SIMPS: the collection of information on national and regional/local policies on social 
inclusion and migrant participation in society) could also be beneficial for future work of the 
Agency, such as for example in the context of the upcoming Fundamental Rights Survey or in 
light of EU priorities linked to the future European Pillar of Social Rights. Complementarity 
and  synergies  should  be  sought  with  the  work  of  other  actors  such  as  EUROFUND  or 
Eurostat, strengthening existing cooperation. It is to be noted that a reinforced focus on social 
inclusion in the Agency's Multiannual Framework was called for by stakeholders in the public 
consultation carried out by the Agency in 2015 and by the Agency's Management Board in its 
opinion  on  the  next  Multiannual  Framework.  It  was  also  called  for  by  the  European 
Parliament67. 

62 
63 
64 
65 

66 
67 

http://fra.europa.eu/en/theme/rights-child. 
http://ec.europa.eu/justice/fundamental-rights/rights-child/european-forum/index_en.htm. 
http://ec.europa.eu/justice/fundamental-rights/rights-child/protection-systems/index_en.htm. 
Communication from the Commission to the European Parliament and the Council on the State of Play 
of  Implementation  of  the  Priority  Actions  under  the  European  Agenda  on  Migration,  COM(2016)  85 
final and its annex 6 on ongoing actions contributing to the protection of children in migration. 
http://fra.europa.eu/en/theme/roma. 
For  example,  Resolution  of  14  September  2011  on  an  EU  Homelessness  Strategy,  Report  of  the 
Rapporteur for the European Parliament's Recommendation on the draft Council decision pertaining to 
the 2013-2017 Multiannual Framework. 

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2016/0204 (APP) 

Proposal for a 

COUNCIL DECISION 

establishing a Multiannual Framework for the European Union Agency for 
Fundamental Rights for 2018-2022 

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 Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the consent of the European Parliament68, 

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

In  order  for  the  European  Union  Agency  for  Fundamental  Rights  (the  Agency)  to 
carry out its tasks properly, a Multiannual Framework is to be adopted by the Council 
every five years, determining the thematic areas of the Agency's  work in accordance 
with  Council  Regulation  (EC)  No  168/2007  of  15  February  2007  establishing  a 
European Union Agency for Fundamental Rights69. 

The  first  Multiannual  Framework  was  adopted  by  the  Council  in  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  2007-201270.  The  second  Multiannual  Framework  was 
adopted  by  the  Council  in  Decision  252/2013/EU  of  11  March  2013  establishing  a 
Multiannual Framework for the European Union Agency for Fundamental Rights71. 

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  439/201072,  the  European  Agency  for  the  Management  of 
Operational  Cooperation  at  the  External  Borders  (FRONTEX)  established  by 
Regulation  (EC)  No  2007/200473,  the  European  Migration  Network  established  by 
Council Decision 2008/381/EC74, the European Institute for Gender Equality (EIGE) 

68 
69 
70 
71 
72 
73 
74 

OJ C , , p. . 
OJ L 53, 22.2.2007, p. 1. 
OJ L 63, 7.3.2008, p.14. 
OJ L 79, 21.3.2013, p.1. 
OJ L 132, 29.5.2010, p. 11. 
OJ L 349, 25.11.2004, p. 1. 
OJ L 131, 21.5.2008, p. 7. 

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established  by  Regulation  (EC)  No  1922/200675,  the  European  Data  Protection 
Supervisor (EDPS) established by Regulation (EC) No 45/200176, the European Union 
Agency  for  Network  and  Information  Security  (ENISA)  established  by  Regulation 
(EC)  No  460/200477,  the  European  Union’s  Judicial  Cooperation  Unit  (EUROJUST) 
established  by  Council  Decision  2002/187/JHA78,  the  European  Police  Office 
(EUROPOL)  established  by  Council  Decision  2009/371/JHA79,  the  European  Police 
College  (CEPOL)  established  by  Council  Decision  2005/681/JHA80,  ,  the  European 
Foundation  for  the  improvement  of  living  and  working  conditions  (EUROFOUND) 
established  by  Regulation  (EEC)  No  1365/7581  and  the  European  Agency  for  the 
operational management of large-scale IT systems in the area of freedom, security and 
justice (eu-LISA) established by Regulation (EU) No 1077/201182. 

(4) 

(5) 

(6) 

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

The Commission, when preparing its proposal, has consulted the Management Board 
of  the  Agency  and  received  a  written  opinion  on  1  March  2016.  The  Agency's 
Management Board was further consulted at its meeting of 19-20 May 2016. 

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  Multiannual  Framework,  in  accordance  with 
Article 5(3) of the Regulation (EC) No 168/2007. 

HAS ADOPTED THIS DECISION:  

Article 1 
Multiannual Framework 

A  Multiannual  Framework  for  the  European  Union  Agency  for  Fundamental  Rights 

1. 
(the Agency) for the period 2018-2022 is established. 

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

The thematic areas referred to in Article 1(2) shall be the following: 

Article 2  
Thematic areas 

(a) 

(b) 

75 
76 
77 
78 
79 
80 
81 
82 

access to justice and victims of crime; 

equality and non-discrimination; 

OJ L 403, 30.12.2006, p. 9. 
OJ L 8, 12.1.2001, p. 1. 
OJ L 077, 13.03.2004, 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 139, 30.5.1975, p. 1. 
OJ L 286, 1.11.2011, p. 1. 

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17 

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(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

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

judicial and police cooperation; 

migration, borders, asylum and integration of refugees and migrants; 

racism, xenophobia and related intolerance; 

rights of the child; 

Roma integration and social inclusion. 

Article 3  
Complementarity and cooperation with other bodies 

1. 
The  Agency  shall  ensure  appropriate  cooperation  and  coordination  with  relevant 
Union  institutions,  bodies,  offices  and  agencies,  Member  States,  international  organisations 
and civil society, in accordance with Articles 6, 7, 8 and 10 of Council Regulation (EC) No 
168/2007, in order to implement this Multiannual Framework. 

2. 
The Agency shall deal with issues relating to discrimination based on gender 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 (b), taking into account that it is for the European 
Institute  for  Gender  Equality  (EIGE)83  to  collect  data  on  gender  equality  and  gender 
discrimination. The Agency and EIGE should cooperate in accordance with  the cooperation 
agreement of 22 November 201084. 

for 

the 

The Agency shall cooperate with other Union bodies, offices and agencies such as the 
3. 
European  Foundation 
living  and  working  conditions 
improvement  of 
(EUROFOUND)85  in  accordance  with the cooperation agreement  of 8 October 200986; with 
the European Agency for the Management of Operational Cooperation at the External Borders 
(FRONTEX)87  in  accordance  with  the  cooperation  agreement  of  26  May  201088;  with  the 
European Asylum Support Office (EASO)89 in accordance with the working agreement of 11 
June  201390;  and  with  the  European  Union’s  Judicial  Cooperation  Unit  (EUROJUST)91  in 
accordance with the memorandum of understanding of 3 November 201492. It shall moreover 
cooperate  with  the  European  Police  Office  (EUROPOL)93,  the  European  Police  College 
(CEPOL)94,  the  European  Migration  Network95,  and  the  Agency  for  the  operational 
management of large-scale IT systems in the area of freedom, security and justice (EU-Lisa)96 
in accordance with the future cooperation agreements. 

4. 
The Agency shall carry out its tasks in all areas related to the respect for private life 
and  the  protection  of  personal  data  to  support  the  Union  institutions,  bodies,  offices  and 

83 
84 
85 
86 
87 
88 
89 
90 
91 
92 
93 
94 
95 
96 

Established by Regulation (EC) No 1922/2006, OJ L 403, 30.12.2006, p. 9. 
http://fra.europa.eu/sites/default/files/fra_uploads/1257-FRA-EIGE-cooperation-agreement_EN.pdf. 
Established by Regulation (EEC) No 1365/75, OJ L 139, 30.5.1975, p. 1. 
http://fra.europa.eu/sites/default/files/fra_uploads/1961-eurofound-fra-cooperation-agreement_EN.pdf. 
Established by Regulation (EC) No 2007/2004, OJ L 349, 25.11.2004, p. 1. 
http://fra.europa.eu/sites/default/files/fra_uploads/891-Cooperation-Agreement-FRA-Frontex_en.pdf. 
Established by Regulation (EU) No 439/2010, OJ L 132, 29.5.2010, p. 11. 
http://fra.europa.eu/sites/default/files/fra-easo-cooperation-agreement-.pdf. 
Established by Council Decision 2002/187/JHA, OJ L 63, 6.3.2002, p. 1. 
http://fra.europa.eu/sites/default/files/mou_fra_-_eurojust.pdf. 
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 Council Decision 2008/381/EC, OJ L 131, 21.5.2008, p. 7. 
Established by Regulation (EU) No 1077/2011, OJ L 286, 1.11.2011, p. 1. 

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agencies,  and  Member  States  in  ensuring  that  these  fundamental  rights  and  freedoms  of 
natural persons are respected by the Union institutions, bodies, offices and agencies. In doing 
so it shall ensure complementarity with the work of the European Data Protection Supervisor 
(EDPS)97,  the  European  Data  Protection  Board,  the  Agency  for  Network  and  Information 
Security (ENISA)98 and the European Commission's Joint Research Centre (JRC). 

5. 
The  Agency  shall  coordinate  its  activities  with  those  of  the  Council  of  Europe  in 
accordance with Article 9 of Council Regulation (EC) No 168/2007 and in accordance with 
the  Agreement  between  the  European  Union  and  the  Council  of  Europe  on  cooperation 
between the EU Agency for Fundamental Rights and the Council of Europe99, referred to in 
that Article. 

Article 4  
Entry into force 

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

It shall apply from 1 January 2018. 

Done at Brussels, 

For the Council 
The President 

97 
98 
99 

Established by Regulation (EC) No 1922/2006, OJ L 403, 30.12.2006, p. 9. 
Established by Regulation (EC) No 460/2004, OJ L 077, 13.03.2004, p. 1. 
OJ L 186, 15.7.2008, p. 7. 

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