Proposal for a COUNCIL REGULATION amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights
Date: 2020-06-05
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU competence, European Union Agency for Fundamental Rights, fundamental rights, operation of the Institutions

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   EUROPEAN COMMISSION  Brussels, 5.6.2020  COM(2020) 225 final 2020/0112 (APP)  Proposal for a COUNCIL REGULATION amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Pursuant to Article 2 of Council Regulation (EC) No 168/2007 establishing a European Union 
Agency for Fundamental Rights1 (“the founding Regulation”), the objective of the Agency is 
“to provide the relevant  institutions, bodies, offices, and agencies of the Community and its 
Member States, when implementing Community law, with assistance and expertise relating to 
fundamental rights in order to support them when they take measures or formulate courses of 
action within their respective spheres of competencies to fully respect fundamental rights”. 

Every  five  years,  the  European  Union  Agency  for  Fundamental  Rights  (“the  Agency”) 
commissions  an  independent  external  evaluation  of  its  achievements  (in  line  with  Article 
30(3) and (4) of the founding Regulation). The  first  external  evaluation  of the Agency took 
place in  20122, and did  not  lead to  any  amendment  to  the founding Regulation.  The second 
external  evaluation3 
the 
recommendations made to the Commission by the external evaluator and by the Management 
Board of the Agency (Staff Working Document of 26 July 20194).  

in  2017.  The  Commission  services  analysed 

took  place 

In  light  of  the  findings  of  the  external  evaluation  and  of  the  analysis  of  the  Commission 
services, this proposal aims to introduce some targeted technical amendments in the founding 
Regulation of the Agency.  

The purpose of the amendments proposed is twofold:  

– 

– 

to  align  certain  provisions  of  the  Agency’s  founding  Regulation  with  the  Common 
Approach annexed to the Joint Statement of the European Parliament, the Council of 
the  EU  and  the  European  Commission  on  decentralised  agencies  of  19  July  2012 
(hereinafter 'the Common Approach’)5, in order to enhance the efficiency, relevance 
and governance of the Agency; 

to  clarify  that,  since  the  entry  into  force  of  the  Lisbon  Treaty,  the  scope  of  the 
Agency’s activities covers the competences of the Union and therefore includes the 
thematic areas of police cooperation and judicial cooperation in criminal matters.  

Whilst this is a direct legal consequence of the entry into force of the Lisbon Treaty, which 
replaced  the  Community  by  the  Union,  there  is  a  merit  in  spelling  it  out  in  the  founding 
Regulation in order to fully reflect the Agency’s relevance for assisting the Union institutions, 
bodies, offices and agencies and the Member States on issues relating to fundamental rights.  

1 

2 

3 

4 
5 

Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for 
Fundamental Rights (OJ L 53, 22.2.2007, p. 1).    
External  evaluation  of  the  European  Union  Agency  for  Fundamental  Rights,  19  November  2012, 
https://fra.europa.eu/sites/default/files/fra-external_evaluation-final-report.pdf. 
2nd  independent  External  Evaluation  of  the  European  Union  Agency  for  Fundamental  Rights,  31 
October  2017  https://fra.europa.eu/sites/default/files/fra_uploads/2nd-fra-external-evaluation-october-
2017_en.pdf. 

SWD(2019)313. 
Joint Statement of the European Parliament, the  Council of the EU and the European Commission on 
decentralised  agencies  and  Common  Approach  of  19  July  2012    https://europa.eu/european-
union/sites/europaeu/files/docs/body/joint_statement_and_common_approach_2012_en.pdf 

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The proposal is not an initiative within the Regulatory Fitness Programme (REFIT). 

• 

Consistency with existing policy provisions in the policy area 

The  Agency  was  established  under  Council  Regulation  (EC)  No  168/2007.  The  Agency’s 
objective  is  “to  provide  the  relevant  institutions,  bodies,  offices,  and  agencies  of  the 
Community and its Member States, when implementing Community law, with assistance and 
expertise relating to fundamental rights in order to support them when they take measures or 
formulate  courses  of  action  within  their  respective  spheres  of  competencies  to  fully  respect 
fundamental rights” (Article 2 of the founding Regulation).  

Under  the  proposal,  the  mandate  of  the  Agency  remains  intact.  Thirteen  years  after  the 
adoption of the founding Regulation, however, some technical amendments are warranted to 
align it with the requirements of the Common Approach, for improved governance, efficiency 
and performance of the  Agency, and to  clarify that, since the entry into force of the  Lisbon 
Treaty, in December 2009, the Agency’s remit is Union law.  

• 

Consistency with other Union policies 

All Union policies are required to respect fundamental rights, as enshrined in the Charter of 
Fundamental  Rights  of  the  European  Union  (‘EU  Charter  of  Fundamental  Rights).  By 
enabling the Agency to provide in a more efficient way expertise and assistance in the area of 
fundamental rights to EU institutions and bodies, the proposed amendments to the Agency’s 
founding Regulation will improve the quality of other Union policies. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposed Regulation is Article 352 of the Treaty on the Functioning of 
the European Union (TFEU). It is a general objective of the European Union to ensure that its 
own action fully respects fundamental rights, as enshrined in the EU Charter of Fundamental 
Rights. The enhanced efficiency, relevance and governance that the Agency will gain with the 
technical  amendments  proposed  will  further  that  objective,  without  there  being  specific 
powers provided for in the Treaty to that end. 

• 

Subsidiarity  

This proposal addresses certain aspects relating to the internal functioning of the Agency and 
the way in which it operates within the EU institutional framework. Therefore, the objectives 
of this proposal cannot be achieved by action at national level.  

• 

Proportionality 

The  principle  of  proportionality  is  fully  respected  in  so  far  as  the  amendments  proposed 
concern only those parts of the founding Regulation where clarification or modifications are 
necessary to improve the Agency’s efficiency, relevance and governance.  

• 

Choice of the instrument 

A Regulation of the Council is the only suitable instrument to amend the existing Regulation 
(EC) No 168/2007 of the Council.  

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations 

The second external evaluation of the Agency, cited above, concluded that the Agency should 
continue  to  do  what  it  does  and  that  its  current  mandate  is  relevant  and  corresponds  to 
stakeholders’  needs.  The  external  evaluator  reported  that  a  large  majority  of  stakeholders 
acclaims the Agency’s EU added value, considers that the quality of the Agency’s outputs is 
undisputable  and  that  the  Agency’s  effectiveness  and  impact  at  EU  level  are  visible.  The 
external  evaluator  concluded,  however,  that  some  targeted  technical  amendments  of  the 
founding Regulation are warranted to improve the governance, efficiency and performance of 
the  Agency:  i)  first,  it  should  be  made  clear  that  since  the  entry  into  force  of  the  Treaty  of 
Lisbon,  in  December  2009,  the  Agency  is  to  act  within  the  competences  of  the  Union;  ii) 
second, the Agency’s founding Regulation should be aligned with the Common Approach on 
decentralised agencies for efficiency gains and better governance.  

• 

Stakeholder consultations 

The second external  evaluation  of the Agency  was based on a wide-ranging  consultation  of 
stakeholders,  including  Member  States’  authorities,  EU  and  international  institutions,  civil 
society organisations, academia and international organisations.  

• 

Collection and use of expertise 

The  initiative  follows  the  external  evaluation  of  the  Agency  in  2017  and  a  Staff  Working 
Document  of  the  Commission  services  analysing  the  recommendations  made  to  the 
Commission  by 
the  Agency’s  Management  Board 
(SWD(2019)313).  The  Staff  Working  Document  was  also  based  on  consultations  with  the 
Agency’s  stakeholders  and  on  the  experiences  of  the  Commission’s  representatives  in  the 
Agency’s Management Board.  

the  external  evaluator  and  by 

• 

Impact assessment 

The proposed amendments of the Agency’s founding Regulation are of technical nature. They 
will  not  create  any  impact  for  citizens,  businesses,  Member  States  or  budgets  of  public 
authorities.  The  impact  of  the  initiative  will  be  limited  to  the  Agency  itself.  An  impact 
assessment was therefore not needed.  

• 

Regulatory fitness and simplification 

Not applicable. The proposal is not linked to REFIT.  

• 

Fundamental rights 

The  Agency  provides  data  and  expertise  on  the  fundamental  rights  situation  in  the  Member 
States. It informs the work of EU institutions and Member States in the area of fundamental 
rights. By improving its governance, efficiency and performance, the proposal will allow the 
Agency to better carry out its statutory mission. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications, as the Agency will not receive additional tasks 
and its mandate remains intact. 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

In accordance with the Common Approach on decentralised agencies, the proposal includes a 
provision on the evaluation of the Agency by the Commission.  

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

The proposal contains two articles. The first article specifies the proposed amendments of the 
Agency’s founding Regulation, while the second article is related to the entry into force of the 
proposed amending Regulation. 

The amendment to Article 3 (Scope) simply reflects the consequence of the entry into force of 
the Lisbon Treaty for the scope of the Agency’s activities, which became “Union law” instead 
of “Community law”, and therefore encompasses the area of police cooperation and judicial 
cooperation in criminal matters (the former so-called “third pillar” of the European Union).  

All  the other  amendments  proposed are to  align  the founding Regulation with  the Common 
Approach and with the Framework Financial Regulation, in order to enhance the efficiency, 
relevance and governance of the Agency. 

All  the  amendments  are  therefore  of  a  technical  nature  and  do  not  alter  the  mandate  of  the 
Agency, nor do they attribute it any additional competences. 

In Articles 4, 5, 8, 9, 10, 12 and 15, reference to “Annual Work Programme” in the founding 
Regulation  no  longer  corresponds  to  the  reality,  and  should  therefore  be  replaced  with 
references  to  the  “multiannual  programming  document”  (that  is,  a  programming  document 
containing both multi-annual and annual components) that the Agency draws up every year in 
accordance with the Financial Framework Regulation. Aside from this clerical modification, 
the  following  table  gives  an  overview  of  the  amendments  proposed  to  the  founding 
Regulation.     

Article 

Subject 

Changes 

1 
2 
3 

4 
5 

Subject matter 
Objective  
Scope  

Tasks  
Areas of activities  

No change 
No change 
Replacement of the word “Community” with 
the word “Union”. 
No change     
Deletion  of  the  provisions  of  the  Article  that 
refer to the Multiannual Framework.  

5a  

The multiannual work programme  Concentration in this new Article of provisions 

6 
7 

8 

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Working methods 
Relations with relevant 
Community bodies, offices and 
agencies 
Cooperation with organisations at  No change 

previously spread in various Articles  
No change 
No change 

4 

  EN 

Member State and international 
level 
Cooperation with the Council of 
Europe 
Cooperation with civil society; 
Fundamental Rights Platform 
Bodies of the Agency 
Management Board 

9 

10 

11 
12 

No change 

No change 

No change 
The amendments proposed relate to the:   

for 

the 

election  of 

- additional  administrative  and  budgetary 
skills required from its members; 
- possibility  to  reappoint  a  former  member 
or  alternate  member  for  non-consecutive 
terms; 
- replacement  of  a  member  before  the 
expiry  of  his/her  term  completes  the  5-
year term of his/her predecessor; 
- specification  that  a  two-third  majority  is 
required 
the 
Management  Board  Chair  and  Vice-chair 
and  that  the  other  two  members  of  the 
Executive  Board  are  elected  by 
the 
majority  of 
the  Management  Board 
members  (in  both  cases,  the  member 
appointed  by  the  Council  of  Europe  has 
no right to vote); 
- provision  that  the  Management  Board:  is 
conferred  appointing  authority  powers  - 
which,  by  decision,  shall  be  delegated  to 
the Director, who, in turn, is authorised to 
sub-delegate  those  powers  -  and  that  the 
Board  can  suspend  such  delegations 
exceptional 
where 
so 
require; 
strategy 
a 
adopts 
(including rules on handling EU classified 
the 
information); 
management and prevention of conflict of 
interests; 
communication 
strategy; 
- provision  that  the  majority  required  for 
decision-making  on  ordinary  matters  is 
the  majority  of  the  Management  Board 
members; 
- provision 
extraordinary 
Management  Board  meeting  can  be 
convened  also  at  the  request  of  the 
Commission.  
Amendments to:   

circumstances 
security 

adopts 

adopts 

rules 

that 

on 

an 

a 

13 

Executive Board 

- 

clarify  that  the  Executive  Board’s  task 
to supervise the preparatory work for the 
the 
decisions 

to  be  adopted  by 

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- 

Management  Board  entails  scrutinising 
budgetary and human resources matters;  
attribute  the  tasks  of  adopting  the  anti-
fraud strategy prepared  by the Director; 
ensuring  adequate  follow-up  to  audit 
and investigations of the European Anti-
Fraud  Office 
the 
European  Public  Prosecutor  Office 
(EPPO);  assisting  the  Director  in  the 
implementation  of  the  decisions  of  the 
Management Board;  

(OLAF)  and  of 

- 

- 

of 

the 

-  provide that, where necessary, in case of 
urgency,  the  Executive  Board  may  take 
provisional  decisions  on  behalf  of  the 
Management Board; 
indicate  that  it  can  be  convened  at  the 
request of one of its members ; 
clarify  that  decisions  are  adopted  by 
majority  of  the  present  members  and 
Europe 
Council 
that 
representative has voting rights on items 
related  to  the  decisions  on  which  s/he 
has  a  right  to  vote  in  the  Management 
Board, in accordance with Article 12(8).  
Amendment  to  enable  the  Management  Board 
to draw from the reserve list in case a member 
needs  to  be  replaced  before  the  end  of  the 
Scientific Committee’s mandate. 
The amendments proposed are to provide that:  
- 
the Director’s term can be extended by five 
the 
years  (instead  of 
procedure  should  be  initiated  in  the  course 
of  the  twelve  (instead  of  nine)  months 
preceding the end of his/her term; 
for 
the  Director 
implementing  the  decisions  adopted  by  the 
Management  Board,  the  preparation  of  an 
action plan to follow up on the conclusions 
of  retrospective  evaluations,  an  anti-fraud 
strategy, and an action plan to follow up on 
audits reports and OLAF investigations; 
the  majority  required  for  the  dismissal  of 
the  Agency’s  Director  in  the  event  of 
misconduct,  unsatisfactory  performance 
recurring  or  serious  irregularities  is  a  two-
third  majority  of  the  Management  Board’s 
members. 

responsible: 

three)  and 

that 

is 

- 

- 

14 

Scientific Committee 

15 

Director 

16 
17 

Independence and public interests  No change 
No change 
Transparency and access to 
documents 

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18 
19 
20 
21 
22 
23 
24 

25 
26 
27 
28 

29 
30 

31 

32 

33 
34 

exercises 

Data protection  
Review by the Ombudsman 
Drawing up of the budget 
Implementation of the budget 
Combating fraud 
Legal status and location 
Staff 

No change 
No change 
No change 
No change 
No change 
No change 
Deletion  of  the  paragraph  providing  that  the 
Agency 
authority 
powers”  (replaced  by  the  provision  that  these 
are  exercised  by  the  Management  Board  who, 
by decision, delegates them to the Director). 
Language arrangements 
No change 
No change 
Privileges and immunities 
Jurisdiction of the Court of Justice  No change 
No change 
Participation  and  scope  in  respect 
and 
of 
countries 
a 
which 
Stabilisation 
and  Association 
Agreement has been concluded 
Transitional arrangements 
Evaluations  

“appointing 

candidate 

countries 

with 

No change 
Amendments  to  specify  that  the  evaluation  of 
the  Agency  will  be  commissioned  by  the 
Commission, every five years starting from the 
entry  into  force  of  this  amending  Regulation; 
and  that  on  the  occasion  of  every  second 
evaluation  the  results  achieved  by  the  Agency 
will  be  assessed  with  regard  to  its  objectives, 
mandate and tasks, including an assessment of 
whether the continuation of the Agency is still 
justified  with  regard 
these  objectives, 
mandate and tasks. 
Deleted  (consequence  of  the  amendments  to 
Article 30) 
No change 

to 

Review 

Commencement of the Agency’s 
operation 
Repeal 
Entry into force and application 

No change 
No change 

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2020/0112 (APP) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 168/2007 establishing a European Union Agency for 
Fundamental Rights 

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 Parliament6,  

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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The European Union Agency for Fundamental Rights (the ‘Agency’) was established 
by Council Regulation (EC) No 168/20077 to assist and provide expertise to the Union 
institutions,  bodies,  offices  and  agencies  and  Member  States  relating  to  fundamental 
rights.  

In  order  to  improve  clarity  of  the  Agency’s  scope  of  activities  and  to  enhance  the 
governance and the efficiency of the Agency’s operation, it is necessary to clarify and 
update  certain  provisions  of  Regulation  (EC)  No  168/2007  without  changing  the 
objective and the tasks of the Agency. 

First  of  all,  in  order  to  fully  reflect  the  Agency’s  relevance  for  assisting  the  Union 
institutions,  bodies,  offices  and  agencies  and  the  Member  States  on  issues  of 
fundamental  rights,  it  should  be  clarified  in  the  Regulation  that,  since  the  entry  into 
force  of  the  Treaty  of  Lisbon,  the  scope  of  the  Agency’s  activities  covers  the 
competences  of  the  Union,  including  police  cooperation  and  judicial  cooperation  in 
criminal matters. 

Furthermore,  some  targeted  technical  amendments  of  Regulation  (EC)  No  168/2007 
are  necessary  in  order  for  the  Agency  to  be  governed  and  operated  in  line  with  the 
principles of the Common Approach annexed to the Joint  Statement of the European 
Parliament,  the  Council  of  the  European  Union  and  the  European  Commission  on 
decentralised agencies of 19 July 2012 (‘the Common Approach’)8. The alignment of 
Regulation (EC) No 168/2007 with the principles set out in the Common Approach are 

OJ C […], […], p. […]. 
Regulation  (EC)  No  168/2007  of  the  Council  of  15  February  2007  establishing  a  European  Union 
Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).    
Joint Statement of the European Parliament, the  Council of the EU and the European Commission on 
decentralised  agencies  and  Common  Approach  of  19  July  2012  https://europa.eu/european-
union/sites/europaeu/files/docs/body/joint_statement_and_common_approach_2012_en.pdf  

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(5) 

(6) 

(7) 

(8) 

tailored to the specific work and nature of the Agency and aim to bring simplification, 
better governance and efficiency gains to the Agency’s operation.   

First,  the  definition  of  the  areas  of  activities  of  the  Agency  should  be  based  on  the 
Agency’s multiannual programming document alone. The current approach of setting 
in  parallel  a  broad  thematic  Multiannual  Framework  every  five  years  should  be 
discontinued,  as  it  has  been  made  redundant  by  the  multiannual  programming 
document  that  the  Agency  has  been  adopting  annually  since  2017,  to  conform  with 
Commission Delegated Regulation  (EU) No 1271/20139, (succeeded by Commission 
Delegated  Regulation  (EU)  2019/71510).  Based  on  the  Union  policy  agenda  and  on 
stakeholders’ needs, the multiannual programming document clearly sets out the areas 
and  specific  projects  on  which  the  Agency  is  to  work  for  a  three-year  period.  This 
should enable the Agency to plan its work and thematic focus over time and to adapt it 
annually to emerging priorities.  

Second,  to  ensure  better  governance  and  functioning  of  the  Agency’s  Management 
Board, a number of provisions of Regulation (EC) No 168/2007 should be amended.  

Given the important monitoring role of the Management Board, its members should be 
required  to  have  appropriate  administrative  and  budgetary  skills,  in  addition  to  the 
requirement  of  independence,  knowledge  in  the  fundamental  rights  area  and 
management experience.  

It  should  also  be  clarified  that,  while  Management  Board  members’  and  alternate 
members’ terms cannot be renewed consecutively, it should be possible to reappoint a 
former member or alternate member for one or more non-consecutive terms. If, on the 
one hand, not allowing consecutive renewals is justified to ensure their independence, 
on the other hand, allowing reappointments for non-consecutive terms would make it 
easier  for  Member  States  to  appoint  suitable  members  meeting  all  the  necessary 
requirements.  

(9)  With regard to the replacement of Management Board members, it should be clarified 
that  in  all  cases  of  termination  of  the  term  of  office  before  the  expiry  of  the  5-year 
period, not only in case of loss of independence, but also in other cases such as in case 
of  resignation  or  death,  the  new  member’s  term  will  complete  his/her  predecessor’s 
five-year term, unless the remaining term is less than two years, in which case a new 
five-year term may run afresh.  

(10)  To  align  with  the  situation  within  the  Institutions,  the  Agency's  Management  Board 
should be given the powers of the appointing authority. Except for the appointment of 
the  Director,  these  powers  should  be  delegated  to  the  Director.  The  Management 
Board  should  exercise  appointing  authority  powers  regarding  staff  of  the  Agency  in 
exceptional circumstances only. 

(11)  To  avoid  stalemates  and  simplify  the  voting  proceedings  for  the  election  of  the 
Executive  Board  members,  it  should  be  provided  that  the  Management  Board  elects 
them by a majority of the members of the Management Board with voting rights.  

9 

10 

Commission  Delegated  Regulation  (EU)  No  1271/2013  of  30  September  2013  on  the  framework 
financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 
of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42). 
Commission  Delegated  Regulation  (EU)  2019/715  of  18  December  2018  on  the  framework  financial 
regulation  for the bodies set  up under the  TFEU  and Euratom Treaty and referred to in  Article 70 of 
Regulation  (EU,  Euratom)  2018/1046  of  the  European  Parliament  and  of  the  Council  (OJ  L  122, 
10.5.2019, p. 1). 

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(12)  Finally,  to  further  align  Regulation  (EC)  No  168/2007  with  the  Common  Approach 
and  strengthen  the  Management  Board’s  capacity  to  supervise  the  administrative, 
operational  and  budgetary  management  of  the  Agency,  it  is  necessary  to  attribute 
additional tasks to the Management Board and to further specify the tasks attributed to 
the  Executive  Board.  The  additional  tasks  of  the  Management  Board  should  include 
adopting a security strategy, including rules on the handling EU classified information, 
a communication strategy, and rules for the management and prevention of conflict of 
interests in respect of its members and those of the Scientific Committee. It should be 
made clear that the Executive Board’s task to supervise the preparatory work for the 
decisions  to  be  adopted  by  the  Management  Board  entail  scrutinising  budgetary  and 
human  resources  matters.  In  addition,  the  Executive  Board  should  be  tasked  with 
adopting  the  anti-fraud  strategy  prepared  by  the  Director  and  ensuring  adequate 
follow-up  to  audit  findings  and  to  investigations  of  the  European  Anti-Fraud  Office 
(OLAF) and of the European Public Prosecutor Office (EPPO). Moreover, it should be 
provided  that,  where  necessary,  in  case  of  urgency,  the  Executive  Board  may  take 
provisional decisions on behalf of the Management Board. 

(13) 

In order to simplify the existing procedure of replacing the members of the Scientific 
Committee,  the  Management  Board  should  be  allowed  to  appoint  the  person  next  in 
line on the reserve list for the remaining term of office where a member needs to be 
replaced before the end of his or her term.  

(14)  As for the Agency’s Director, given the very selective appointment procedure and the 
fact  that  the  number  of  candidates  potentially  meeting  the  selection  criteria  is  often 
low,  his  or  her  term  should  be  extendable  for  up  to  five  years.  Moreover,  given  the 
importance  of  the  position  and  the  thorough  procedure  which  involves  the  European 
Parliament, the Council and the Commission, such procedure should start in the course 
of the twelve month preceding the end of the term.  

(15)  Furthermore, to enhance the stability of the Director’s mandate and hence that of the 
Agency’s  operation,  the  majority  required  to  propose  his  or  her  dismissal  should  be 
raised  from  the  current  one  third  to  the  two-third  majority  of  the  members  of  the 
Management  Board.  Finally,  to  specify  the  Director’s  overall  responsibility  for  the 
administrative  management  of  the  Agency,  it  should  be  explicitly  provided  that  it  is 
the Director’s responsibility to  implement  the decisions adopted by the  Management 
Board, to prepare an anti-fraud strategy for the Agency, and to set out an action plan to 
follow up on internal or external audit reports and OLAF or EPPO’s investigations. 

(16)  To align Regulation (EC) No 168/2007 with the Common Approach it is necessary to 
provide that the Commission should carry out the evaluation of the Agency every five 
years.  

(17)  Regulation (EC) No 168/2007 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EC) No 168/2007 

Regulation (EC) No 168/2007 is amended as follows: 

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(1) 

Article 3 is replaced by the following: 

‘Article 3 

Scope 

1. 

2. 

3. 

The Agency shall  carry  out  its tasks for the purpose of meeting the objective 
set in Article 2 of this Regulation within the competences of the Union. 

The  Agency  shall  refer  in  carrying  out  its  tasks  to  fundamental  rights  as 
referred to in Article 6 of the Treaty on European Union.  

The Agency shall  deal  with  fundamental  rights  issues in  the Union and  in  its 
Member States when implementing Union law.’; 

(2) 

(a) 

Article 4 is amended as follows: 

in paragraph 1, point (c) is replaced by the following: 

‘(c)  carry  out,  cooperate  with  or  encourage  scientific  research  and  surveys, 
preparatory  studies  and  feasibility  studies,  including,  where  appropriate  and 
compatible with its priorities and its multiannual work programme, at the request of 
the European Parliament, the Council or the Commission;’; 

(b) 

the following paragraphs 3 and 4 are added: 

‘3.  The  Scientific  Committee  shall  be  consulted  before  adoption  of  the  report 
referred to in point (e) of paragraph 1;  

4. The Agency shall send the reports referred to in points (e) and (g) of paragraph 1 
not later than 15 June to the European Parliament, the Council, the Commission, the 
Court of Auditors, the European Economic and Social Committee and the Committee 
of the Regions.’;  

(3) 

Article 5 is replaced by the following: 

‘Article 5 

Areas of activity 

The Agency shall carry out its tasks on the basis of its multiannual work programme 
and with due regard to the available financial and human resources.’; 

(4) 

the following Article 5a is inserted: 

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‘Article 5a 
The multiannual work programme 

1. 

2. 

3. 

4. 

The multiannual work programme shall be in accordance with the available financial 
and human resources and shall take into account the research and statistical work of 
the Union.  

The  Director  shall  submit  the  draft  of  the  multiannual  work  programme  to  the 
Commission and the Scientific Committee for their opinion. The Director shall send 
that draft also to national liaison officers in the Member States.  

The  Director  shall  submit  the  draft  of  the  multiannual  work  programme  to  the 
Management Board for adoption after the Commission and the Scientific Committee 
have delivered their opinion. 

The  Director  shall  send  the  multiannual  work  programme  to  the  European 
Parliament, the Council and the Commission.’;  

(5) 

in Article 8, paragraph 1 is replaced by the following: 

‘1.  Each Member State shall nominate a government official as a national liaison 
officer.  

The  national  liaison  officer  shall  be  the  main  contact  point  for  the  Agency  in  the 
Member State.  

The  national  liaison  officers  may,  in  particular,  transmit  opinions  of  their  Member 
State  on  the  draft  multiannual  work  programme  to  the  Director  prior  to  its 
submission  to  the  Management  Board.  The  Agency  shall  communicate  to  the 
national liaison officers all documents drawn up in accordance with Article 4(1).’"; 

(6) 

Article 9 is replaced by the following: 

‘Article 9 

Cooperation with the Council of Europe 

In  order  to  avoid  duplication  and  in  order  to  ensure  complementarity  and  added 
value, the Agency shall coordinate its activities with those of the Council of Europe, 
particularly with regard to its multiannual work programme and cooperate with civil 
society in accordance with Article 10.  

To that end, the Union shall, in accordance with the procedure provided for in Article 
218  of  the  Treaty,  enter  into  an  agreement  with  the  Council  of  Europe  for  the 
purpose  of  establishing  close  cooperation  between  the  latter  and  the  Agency.  That 
agreement shall include the appointment of an independent person by the Council of 
Europe  to  sit  on  the  Agency's  Management  Board  and  on  its  Executive  Board,  in 
accordance with Articles 12 and 13.’; 

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(7) 

in Article 10(4), point (a) is replaced by the following: 

‘(a)  make  suggestions  to  the  Management  Board  on  the  multiannual  work 
programme to be adopted pursuant to Article 5a;’; 

(8) 

Article 12 is amended as follows: 

(a) 

in paragraph 1, the introductory phrase is replaced by the following: 

‘1. 
The Management Board shall be composed of persons with appropriate 
experience  in  the  management  of  public  or  private  sector  organisations,  with 
appropriate  administrative  and  budgetary  skills,  as  well  as  knowledge  in  the 
field of fundamental rights, as follows:’; 

(b)  paragraphs 3, 4 and 5 are replaced by the following: 

‘3. 
The  term  of  office  of  the  members  and  alternate  members  of  the 
Management Board shall be five years. A former member or alternate member 
may be reappointed for one or more non-consecutive terms. 

Apart  from  normal  replacement  or  death,  the  term  of  office  of  the 
4. 
member  or  the  alternate  member  shall  end  only  when  he  or  she  resigns. 
However, where a member or an alternate member no longer meets the criteria 
of  independence,  he  or  she  shall  resign  forthwith  and  notify  the  Commission 
and the Director of the Agency. In those cases outside the normal replacement, 
the party concerned shall appoint a new member or a new alternate member for 
the  remaining  term  of  office.  The  party  concerned  shall  also  appoint  a  new 
member  or  a  new  alternate  member  for  the  remaining  term  of  office,  if  the 
Management  Board  has  established,  based  on  a  proposal  of  one  third  of  its 
members  or  of  the  Commission,  that  the  respective  member  or  alternate 
member  no  longer  meets  the  criteria  of  independence.  Where  the  remaining 
term  of  office  is  less  than  two  years,  the  mandate  of  the  new  member  or 
alternate member may be extended for a full term of five years.  

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

The  Management  Board’s  Chairperson  and  Vice-Chairperson  shall  be  elected 
by a majority of two thirds of the members of the Management Board referred 
to in points (a) and (c) of paragraph 1. The other two members of the Executive 
Board referred to in Article 13(1) shall be elected by a majority of the members 
of the Management Board referred to in points (a) and (c) of paragraph 1.’;  

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(c) 

paragraph 6 is amended as follows: 

(a) 

points (a) and (b) are replaced by the following: 

‘(a)  adopt the Agency's multiannual work programme;  

(b) 

adopt the annual reports referred to in Article 4(1)(e) and (g), comparing in 
the  latter  one,  in  particular,  the  results  achieved  with  the  objectives  of  the 
multiannual work programme; ’; 

(b)  point (e) is replaced by the following: 

 ‘(e)  in  accordance  with  paragraphs  7a  and  7b  of  this  Article  exercise,  with 
respect  to  the  staff  of  the  Agency,  the  powers  conferred  by  Council 
Regulation  (EEC,  Euratom,  ECSC)  No  259/68  (“the  Staff  Regulations”)  11 
on the appointing authority and by the Conditions of Employment of Other 
Servants on the authority empowered to conclude a contract of employment 
("the appointing authority powers");’; 

(c) 

the following points (m) to (o) are added: 

‘(m)  adopt  a security strategy, including rules on the exchange of  EU classified 

information; 

(n)   adopt  rules  for  the  prevention  and  management  of  conflict  of  interests  in 

respect of its members as well as of the Scientific Committee;  

 (o)  adopt and regularly update the communication strategy referred to in Article 

4(1)(h).’; 

(d) 

the following paragraphs 7a and 7b are inserted: 

‘7a.   The Management Board shall adopt, in accordance with Article 110(2) 
of  the  Staff  Regulations,  a  decision  based  on  Article  2(1)  of  the  Staff 
Regulations  and  on  Article  6  of  the  Conditions  of  Employment  of  Other 
Servants,  delegating  relevant  appointing  authority  powers  to  the  Director  and 
defining  the  conditions  under  which  this  delegation  of  powers  can  be 
suspended. The Director shall be authorised to sub-delegate those powers. 

11 

Regulation  (EEC,  Euratom,  ECSC)  No  259/68  of  the  Council  of  29  February  1968  laying  down  the 
Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of  Other  Servants  of  the  European 
Communities  and  instituting  special  measures  temporarily  applicable  to  officials  of  the  Commission 
(OJ L 56, 4.3.1968, p. 1). 

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7b.  Where  exceptional  circumstances  so  require,  the  Management  Board 
may by way of a decision temporarily suspend the delegation of the appointing 
authority  powers  to  the  Director  and  those  sub-delegated  by  the  latter  and 
exercise  them  itself  or  delegate  them  to  one  of  its  members  or  to  a  staff 
member other than the Director.’;  

(e) 

paragraphs 8 and 9 are replaced by the following: 

As a  general  rule, decisions by  the Management  Board shall be taken 

‘8.  
by a majority of all members.  

Decisions referred to in points (a) to (e), (g), (k) and (l) of paragraph 6 shall be 
taken by a two-thirds majority of all members. 

Decisions referred to in Article 25(2) shall be taken by unanimity.  

Each  member  of  the  Management  Board,  or  in  his  or  her  absence  his  or  her 
alternate, shall have one vote. The Chairperson shall have the casting vote.  

The  person  appointed  by  the  Council  of  Europe  may  vote  only  on  decisions 
referred to in points (a), (b) and (k) of paragraph 6. 

9. 
The  Chairperson  shall  convene  the  Management  Board  twice  a  year, 
without  prejudice  to  extraordinary  meetings.  The  Chairperson  shall  convene 
extraordinary  meetings  on  his  or  her  own  initiative  or  at  the  request  of  the 
Commission  or  of  at  least  one  third  of  the  members  of  the  Management 
Board.’; 

(9) 

Article 13 is replaced by the following:  

‘Article 13 

Executive Board 

1. 
The  Management  Board  shall  be  assisted  by  an  Executive  Board.  The 
Executive Board shall supervise the necessary preparatory work for the decisions to 
be adopted by the Management Board. In particular, it shall scrutinise budgetary and 
human resources matters; 

2. 

(a) 

(b) 

(c) 

The Executive Board shall also:  

review  the  Agency’s  multiannual  work  programme  referred  to  in  Article  5a, 
based on the draft prepared by the Director and forward it to the Management 
Board for adoption;  

review  the  Agency’s  draft  annual  budget  and  forward  it  to  the  Management 
Board for adoption; 

review the draft annual report on the Agency’s activities and forward it to the 
Management Board for adoption; 

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(d) 

(e) 

adopt  an  anti-fraud  strategy  for  the  Agency,  proportionate  to  the  fraud  risks, 
taking into account  the costs and benefits  of the  measures to  be implemented 
and based on a draft prepared by the Director; 

ensure  adequate  follow-up  to  the  findings  and  recommendations  stemming 
from  the  internal  or  external  audit  reports  and  evaluations,  as  well  as  from 
investigations of the European Anti-Fraud Office (OLAF) or of the European 
Public Prosecutor (EPPO); 

(f)  without  prejudice  to  the  responsibilities  of  the  Director,  as  set  out  in  Article 
15(4), assist and advise him/her, in the implementation of the decisions of the 
Management  Board  with  a  view  of  reinforcing 
the  supervision  of 
administrative and budgetary management. 

3.  Where  necessary,  for  reasons  of  urgency,  the  Executive  Board  may  take 
provisional  decisions  on  behalf  of  the  Management  Board,  including  on  the 
suspension of the delegation of the appointing authority powers in  accordance with 
the conditions referred to in Article 12(7a) and (7b) and on budgetary matters.   

The  Executive  Board  shall  be  composed  of  the  Chairperson  and  the  Vice-
4. 
Chairperson  of  the  Management  Board,  two  other  members  of  the  Management 
Board elected by the Management Board in accordance with Article 12(5) and one of 
the representatives of the Commission in the Management Board.  

The  person  appointed  by  the  Council  of  Europe  in  the  Management  Board  may 
participate in the meetings of the Executive Board. 

5. 
The  Executive  Board  shall  be  convened  by  the  Chairperson.  It  may  also  be 
convened at the request of one of its members. It shall adopt its decisions by majority 
of  present  members.  The  person  appointed  by  the  Council  of  Europe  may  vote  on 
items  related  to  the  decisions  on  which  that  person  has  a  right  to  vote  in  the 
Management Board in accordance with Article 12(8). 

6. The Director shall take part in the meetings of the Executive Board, without voting 
rights.’; 

(10) 

Article 14 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

The  Scientific  Committee  shall  be  composed  of  11  independent 
‘1. 
persons, highly  qualified in  the field  of fundamental rights.  The Management 
Board shall appoint the 11 members and approve a reserve list established by 
order  of  merit  following  a  transparent  call  for  applications  and  selection 
procedure and after having consulted the competent committee of the European 
Parliament.  The  Management  Board  shall  ensure  even  geographical 

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representation. The members of the Management Board shall not be members 
of  the  Scientific  Committee.  The  rules  of  procedure  referred  to  in  Article 
12(6)(g)  shall  lay  down  the  detailed  conditions  governing  the  appointment  of 
the Scientific Committee. 

(b)  paragraph 3 is replaced by the following: 

The  members  of  the  Scientific  Committee  shall  be  independent.  They 
‘3.  
may  be  replaced  only  at  their  own  request,  or  in  the  event  of  their  being 
permanently prevented from fulfilling their duties. However, where a member 
no longer meets  the  criteria of independence, he or she shall resign forthwith 
and notify the Commission  and the  Director of the Agency. Alternatively  the 
Management Board may declare, on a proposal of one third of its members or 
of the Commission, a lack of independence and revoke the person concerned. 
The Management  Board shall appoint the first  available person in  line on the 
reserve  list  for  the  remaining  term  of  office.  Where  the  remaining  term  of 
office is less than two years, the mandate of the new member may be extended 
for a full term of five years. The list of members of the Scientific Committee 
shall be made public and shall be updated by the Agency on its web site.’; 

(11) 

Article 15 is amended as follows:  

(a) 

paragraphs 3 and 4 are replaced by the following: 

‘3.  

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

In  the  course  of  the  12  months  preceding  the  end  of  this  period,  the 
Commission shall undertake an evaluation. In this evaluation, the Commission 
shall assess in particular: 

a) the performance of the Director;  

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

The  Management  Board,  acting  on  a  proposal  from  the  Commission,  taking 
account of the evaluation report, may extend the term of office of the Director 
once for not more than five years. 

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

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

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4.  

The Director shall be responsible for: 

(a) 

the performance of the tasks referred to in Article 4 and in particular the 
preparation  and  publication  of  the  documents  drawn  up  in  accordance 
with Article 4(1)(a) to (h) in cooperation with the Scientific Committee; 

(b) 

the  preparation  and  implementation  of  the  Agency’s  multiannual  work 
programme; 

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

(d) 

implementing decisions adopted by the Management Board; 

(e) 

(f) 

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

the  implementation  of  effective  monitoring  and  evaluation  procedures 
relating  to  the  performance  of  the  Agency  against  its  objectives 
according  to  professionally  recognised  standards  and  performance 
indicators; 

(g)  preparing an action plan to follow up on the conclusions of retrospective 
evaluations assessing the performance of programmes and activities that 
entail  significant  spending,  in  accordance  to  Article  29  of  Delegated 
Regulation (EU) 2019/715;  

(h) 

(i) 

(j) 

reporting  annually  to  the  Management  Board  on  the  results  of  the 
monitoring and evaluation system;  

preparing  an  anti-fraud  strategy  for  the  Agency  and  presenting  it  to  the 
Executive Board for approval; 

preparing an action plan following up conclusions of internal or external 
audit  reports  and  evaluations,  as  well  as  investigation  by  the  European 
Anti-Fraud office (OLAF) and reporting on progress to the Commission 
and the Management Board; 

(k) 

cooperation with national liaison officers;  

(l) 

cooperation with civil society, including coordination of the Fundamental 
Rights Platform in accordance with Article 10.’; 

(b)  paragraph 7 is replaced by the following: 

‘7. 
The  Director  may  be  dismissed  before  his  or  her  term  has  expired  by 
the decision of the Management Board taken by two-thirds majority of all its 
members,  or  of  the  Commission,  in  the  event  of  misconduct,  unsatisfactory 
performance or recurring or serious irregularities.’; 

(12) 

in Article 24, paragraph 2 is deleted; 

(13) 

Article 30 is amended as follows: 

(a) 

the title is replaced by the following: 

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‘Evaluation and review’; 

(b)  paragraphs 3 and 4 are replaced by the following: 

By [5 years after entry into force], and every five years thereafter, the 
‘3. 
Commission shall commission an evaluation to assess particularly the impact, 
effectiveness  and  efficiency  of  the  Agency  and  its  working  practices.  The 
evaluation shall, in particular, address the possible need to amend the mandate 
of the Agency, and the financial implications of any such amendment. 

‘4. 
The Commission shall report to  the European Parliament,  the Council 
and the Management Board on the findings of the evaluation. The findings of 
the evaluation shall be made public.’; 

(c) 

the following paragraph 5 is added: 

‘5.  
On  the  occasion  of  every  second  evaluation,  there  shall  be  an 
assessment  of  the  results  achieved  by  the  Agency  having  regard  to  its 
objectives,  mandate  and  tasks,  including  an  assessment  of  whether  the 
continuation  of  the  Agency  is  still  justified  with  regard  to  these  objectives, 
mandate and tasks. 

(14) 

Article 31 is deleted. 

Article 2 

Entry into force and application 

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

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

Done at Brussels, 

For the Council 
The President 

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