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# 52011PC0880

**Proposal for a COUNCIL DECISION establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for 2013-2017 /\* COM/2011/0880 final - 2011/0431 (APP) \*/**

  

EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

1.1.
Grounds for and objectives of the proposal

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

The objective of the Agency is to provide
the relevant institutions, bodies, offices and agencies of the Union and its
Member States, when implementing Union law, with assistance and expertise
relating to fundamental rights in order to support them when they take measures
or formulate courses of action within their respective spheres of competence to
fully respect fundamental rights. The tasks entrusted to the Agency relate to
the collection and analysis of information and data; to the provision of advice
through reports and opinions; and to cooperation with civil society and raising
awareness of fundamental rights. The Agency is not
authorized to deal with the legality of Union acts nor with the fulfilment of Member
States' obligations under Union law.

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

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

1.2.
Multiannual Framework 2007-2012

On 28 February 2008, the Council adopted
Decision 2008/203/EC implementing Regulation (EC) No 168/2007 as regards the
adoption of a Multiannual Framework for the European Union Agency for
Fundamental Rights for 2007-2012[2].
Article 2 of this Decision sets out the following thematic areas:

(a)
racism, xenophobia and related
intolerance;

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

(c)
compensation of victims;

(d)
the rights of the child, including the
protection of children;

(e)
asylum, immigration and integration of
migrants;

(f)
visa and border control;

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

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

(i)
access to efficient and independent
justice.

1.3.
Elements of the Multiannual Framework

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

(i) The Agency must carry out its tasks within
the competencies of the Union as laid down in the Treaty on the Functioning of
the European Union[3];

(ii) The Multiannual Framework shall cover five
years[4];

(iii) The Multiannual Framework must be in line
with the Union's priorities, taking due account of the orientations resulting
from the European Parliament resolutions and Council conclusions in the field
of fundamental rights[5]
(see section 1.4 below);

(iv) The Multiannual Framework must have due
regard to the Agency's financial and human resources[6]. It should be noted in this
respect that the financial resources of the Agency for 2013 have been set by
the financial framework annexed to the Inter-institutional Agreement between
the European Parliament, the Council and the Commission on budgetary discipline
and sound financial management of 17 May 2006[7]
and presented in Document V Financial Programming 2008-2013 of Statement of
Estimates of the Commission for 2008[8].
As regards 2014-2017, they will be set within the
limits of the Multiannual Financial Framework for the years 2014-2020.

(v) The Multiannual Framework must include
provisions with a view to ensuring complementarity with the remit of other
Union bodies, offices and agencies, as well as with the Council of Europe and
other international organisations active in the field of fundamental rights[9]. The most relevant Union
agencies and bodies in relation to this proposal are the
European Asylum Support Office (EASO)[10], the European
Agency for the Management of Operational Cooperation at the External Borders
(FRONTEX)[11], the European Migration Network[12],
the European Institute for Gender Equality (EIGE)[13], the European Data Protection
Supervisor (EDPS)[14],
the European Union’s Judicial Cooperation Unit (EUROJUST)[15], the
European Police Office (EUROPOL)[16], the European Police
College (CEPOL)[17], the Agency for the operational management
of large-scale IT systems in the area of freedom, security and justice (IT
Agency)[18]
and the
European Foundation for the improvement of living and working conditions
(EUROFOUND)[19].

(vi) The Multiannual Framework must include the
fight against racism, xenophobia and related intolerance among the thematic
areas[20].

1.4.
European Parliament and Council

Article 5(2)(c) requires the Multiannual
Framework to be in line with the Union's priorities, taking due account of the
orientations resulting from the European Parliament resolutions and Council
conclusions in the field of fundamental rights. The following issues relating
to fundamental rights have been raised through the European Parliament
resolutions in recent years[21]:

–
the protection of personal data and privacy;

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

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

–
protection of victims;

–
citizen's rights and free movement;

–
Roma exclusion and stigmatisation;

–
racism and xenophobia;

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

–
non-discrimination and equality;

–
protection of national minorities, minority
rights;

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

–
homophobia and discrimination on the grounds of
sexual orientation;

–
disability issues and discrimination on the
grounds of disability;

–
discrimination based on age;

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

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

–
security and fundamental freedoms on the
Internet;

–
intellectual property rights;

–
asylum and Common European Asylum System;

–
immigration and border control;

–
integration of migrants;

–
social rights;

–
poverty and social exclusion;

–
right to healthcare.

–
consumer rights;

–
trafficking in human beings;

–
fight against terrorism;

–
respect for cultural, religious and linguistic
diversity;

–
memory of the crimes committed by totalitarian
regimes.

The following issues relating to
fundamental rights have been raised through the conclusions of the European
Council in recent years[22]:

–
protection of personal data and privacy;

–
European area of justice;

–
rights of the child;

–
gender equality;

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

–
trafficking in human beings;

–
social rights;

–
internal security strategy;

–
intellectual property rights.

2.
Consultation

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

The Management Board has identified the
following thematic areas:

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

(b) Victims of crime;

(c) Judicial cooperation;

(d) Police cooperation;

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

(f) Racism, xenophobia and related intolerance;

(g) Roma integration;

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

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

(j) Rights of the child;

(k) Information, privacy and personal data;

(l) Social rights.

3.
Legal aspects of the proposal
3.1.
Content of the proposed action

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

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

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

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

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

(a)
Access to justice;

(b)
Victims of crime;

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

(d)
Roma integration;

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

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

(g)
Rights of the child;

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

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

(j)
Racism, xenophobia and related intolerance.

3.2.
Legal basis

The legal basis of the Multiannual
Framework 2007-2012 is Article 5(1) of Council Regulation (EC) No 168/2007
establishing the Agency. However, this legal basis can no longer be used
because it is a secondary legal basis within the meaning of judgment of the
European Court of Justice in case C-133/06[23].

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

4.
Budgetary Implication

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

5.
Detailed explanation of the proposal

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

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

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

–
Information society and, in particular,
respect for private life and protection of personal data: Under this thematic area the Agency could collect data in
particular on the implications of the online environment for fundamental rights,
such as the protection of personal data and privacy. The importance of these
issues has been underlined by the European Parliament. FRA has developed some
work in this field (report 'Data Protection in the
European Union: the role of National Data Protection Authorities') and it is
expected that it should develop an expertise on it. The
Agency's data-collection activities in this field could contribute to the
smooth implementation of the reformed EU legal framework for data protection.

–
Roma integration:
Roma integration constitutes a clear priority for the EU. The Commission's
Communication on an ‘EU Framework for National Roma Integration Strategies up
to 2020’ requests the Agency, working together with other relevant bodies such
as EUROFOUND, to collect data
across the 27 Member States on the situation of Roma as regards access to
employment, education, healthcare and housing, as well as to work with Member
States in order to develop monitoring methods which can provide a comparative
analysis of the situation of Roma across Europe[24]. Data collection will also be drawn from specific research funded by Socio-economic
Sciences and Humanities Programme of the 7th Framework Programme. The Agency has built up an expertise in the collection of data on
Roma issues over the last years, as shown by its reports 'Housing conditions of
Roma and Travellers in the EU', 'The situation of Roma EU citizens moving to
and settling in other EU Member States' and 'EU Minorities and Discrimination
Survey'.

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

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

–
Rights of the child: The promotion and protection of the
rights of the child is one of the objectives of the EU on which the Treaty of
Lisbon has placed further emphasis. Under this thematic area the Agency could
contribute to the implementation of the 'EU Agenda for the Rights of the Child'
by collecting data on issues such as child-friendly justice and children in
vulnerable situations, as well as by making operational the indicators on the
rights of the child developed by the Agency[25].
The fight against child poverty is a key priority of the EU and FRA research on
it would contribute to the implementation of the future Commission
Recommendation on child poverty. FRA has published reports regarding children
('Child Trafficking in the EU: Challenges, perspectives and good practices', 'Separated asylum seeking children in EU Member States') and carried out educational projects such as the 'S-Cool Agenda',
the Handbook for teachers 'Excursions to the past – teaching for the future' or
the study on 'The role of historical sites and museums in Holocaust education
and human rights education in the EU'. Under this thematic area, FRA's work could also relate to the areas of education, social inclusion
and youth policies and other relevant Union policies.

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

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

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

2011/0431 (APP)

Proposal for a

COUNCIL DECISION

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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European
Commission[26],

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

Having regard to the consent of the
European Parliament[27],

Acting in accordance with a special
legislative procedure,

Whereas:

(1)       Bearing in mind the
objectives of the foundation of the European Union Agency for Fundamental
Rights (hereinafter the Agency) and in order for the Agency to carry out its
tasks properly, the precise thematic areas of its activity are to be determined
by a Multiannual Framework covering five years as stipulated in Council
Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union
Agency for Fundamental Rights[28].

(2)       The first Multiannual
Framework was adopted by the Council in its Decision 2008/203/EC of 28 February
2008 implementing Regulation (EC) No 168/2007 as regards the adoption of a
Multiannual Framework for the European Union Agency for Fundamental Rights for
2007-2012.

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

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

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

(6)       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 439/2010[29],
the European Agency for the Management of Operational Cooperation at the
External Borders (FRONTEX) established by Regulation (EC) No 2007/2004[30], the European Migration
Network established by Council Decision 2008/381/EC[31], the European Institute for
Gender Equality (EIGE) established by Regulation (EC) No 1922/2006[32], the European Data Protection
Supervisor (EDPS) established by Regulation (EC) No 45/2001[33], the European Union’s Judicial
Cooperation Unit (EUROJUST) established by Council Decision 2002/187/JHA[34], the European Police Office
(EUROPOL) established by Council Decision 2009/371/JHA[35], the European Police College
(CEPOL) established by Council Decision 2005/681/JHA[36], the Agency for the
operational management of large-scale IT systems in the area of freedom,
security and justice (IT Agency) established by Regulation (EU) No 1077/2011[37] and the European Foundation
for the improvement of living and working conditions (EUROFOUND) established by
Regulation (EEC) No 1365/75[38].

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

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

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

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

HAS DECIDED AS FOLLOWS:

Article 1
Multiannual Framework

1.         A Multi-Annual Framework for the
European Union Agency for Fundamental Rights (hereinafter "the
Agency") for the period 2013-2017 is hereby established.

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

Article 2
Thematic areas

The thematic areas shall be the following:

(a)
Access to justice;

(b)
Victims of crime;

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

(d)
Roma integration;

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

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

(g)
Rights of the child;

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

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

(j)
Racism, xenophobia and related intolerance.

Article 3
Complementarity and cooperation with other bodies

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

2.         The Agency shall deal with
issues relating to discrimination based on sex only as part of, and to the
extent relevant to, its work to be undertaken on the general issues of
discrimination referred to in Article 2, point (g), taking into account that it
is for the European Institute for Gender Equality (EIGE)[39] to collect data on gender
equality and sex discrimination. FRA and EIGE should cooperate in the terms
established by the cooperation agreement of 22 November 2010.

3.         The Agency shall cooperate with the
European Foundation for the improvement of living and working conditions
(EUROFOUND)[40]
in the terms established in the cooperation agreement
of 8 October 2009; with the European
Agency for the Management of Operational Cooperation at the External Borders
(FRONTEX)[41]
in the terms set out in the cooperation agreement of 26
May 2010. It shall moreover cooperate with the European Asylum Support Office (EASO)[42], the European Migration Network[43],
the European Union’s Judicial Cooperation Unit
(EUROJUST)[44],
the European Police Office (EUROPOL)[45], the
European Police College (CEPOL)[46] and the Agency for the operational management of large-scale IT systems
in the area of freedom, security and justice (IT Agency)[47] in the
terms established by future respective cooperation agreements.

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

5.         The Agency shall coordinate its
activities with those of the Council of Europe under the terms of Article 9 of
Regulation (EC) No 168/2007 and in the Agreement between the European Union and
the Council of Europe on cooperation between the EU Agency for Fundamental
Rights and the Council of Europe[48],
referred to in that Article.

Done at Brussels,

                                                                       For
the Council

                                                                       The
President

[1]               OJ L 53, 22.2.2007, p.1.

[2]               OJ L 63, 7.3.2008, p.14.

[3]               Article 3(1) of Regulation (EC) No 168/2007
establishing the Agency (FRA Regulation).

[4]               Article 5(2)(a) of FRA Regulation.

[5]               Article 5(2)(c) of FRA Regulation.

[6]               Article 5(2)(d) of FRA Regulation.

[7]              OJ C 139, 14.6.2006, p. 1.

[8]               SEC (2007) 500 final of 2 May 2007.

[9]               Article 5(2)(e) of FRA Regulation.

[10]             Established by Regulation (EU) No 439/2010, OJ L
132, 29.5.2010, p. 11.

[11]             Established by Regulation (EC) No 2007/2004, OJ L 349, 25.11.2004, p. 1.

[12]             Established by Council Decision 2008/381/EC, OJ L 131,
21.5.2008, p. 7.

[13]             Established by Regulation (EC) No 1922/2006, OJ L 403,
30.12.2006, p. 9.

[14]             Established by Regulation (EC) No 45/2001, OJ L 8,
12.1.2001, p. 1.

[15]             Established by Council Decision 2002/187/JHA, OJ L 63,
6.3.2002, p. 1.

[16]             Established by Council Decision 2009/371/JHA, OJ L 121, 15.5.2009, p. 37.

[17]             Established by Council Decision 2005/681/JHA, OJ L
256, 1.10.2005, p. 63.

[18]             Established by Regulation (EU) No 1077/2011, OJ L 286,
1.11.2011, p. 1.

[19]             Established by Regulation (EEC) No 1365/75, OJ L 139, 30.5.1975, p. 1.

[20]             Article 5(2)(b) of FRA Regulation.

[21]             Resolutions of 14.1.2009, 3.2.2009, 19.2.2009,
10.3.2009, 11.3.2009, 12.3.2009, 24.3.2009, 26.3.2009, 2.4.2009, 22.4.2009,
24.4.2009, 7.5.2009, 17.9.2009, 25.11.2009, 26.11.2009, 10.2.2010, 25.3.2010,
5.5.2010, 18.5.2010, 15.6.2010, 17.6.2010, 7.9.2010, 9.9.2010, 22.9.2010,
20.10.2010, 23.11.2010, 14.12.2010, 15.12.2010, 19.1.2011, 8.3.2011, 9.3.2011,
10.3.2011, 24.3.2011, 5.4.2011 and [\_].

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

[23]             Judgment of 6 May 2008, Parliament v. Council, case
C-133/06, ECR 2008 p. I-3189.

[24]             COM(2011) 173 final.

[25]             COM(2011) 60 final.

[26]             OJ C , , p. .

[27]             OJ C , , p. .

[28]             OJ L 53, 22.2.2007, p. 1.

[29]             OJ L 132, 29.5.2010, p. 11.

[30]             OJ L 349, 25.11.2004, p. 1.

[31]             OJ L 131, 21.5.2008, p. 7.

[32]             OJ L 403, 30.12.2006, p. 9.

[33]             OJ L 8, 12.1.2001, p. 1.

[34]             OJ L 63, 6.3.2002, p. 1.

[35]             OJ L 121, 15.5.2009, p. 37.

[36]             OJ L 256, 1.10.2005, p. 63.

[37]             OJ L 286, 1.11.2011, p. 1.

[38]             OJ L 139, 30.5.1975, p. 1.

[39]             Established by Regulation (EC) No 1922/2006, OJ L 403, 30.12.2006, p. 9.

[40]             Established by Regulation (EEC) No 1365/75, OJ L 139, 30.5.1975, p. 1.

[41]             Established by Regulation (EC) No 2007/2004, OJ L 349,
25.11.2004, p. 1.

[42]             Established by Regulation (EU) No 439/2010, OJ L 132,
29.5.2010, p. 11.

[43]             Established by Council Decision 2008/381/EC, OJ L 131,
21.5.2008, p. 7.

[44]             Established by Council Decision 2002/187/JHA, OJ L 63,
6.3.2002, p. 1.

[45]             Established by Council Decision 2009/371/JHA, OJ L 121,
15.5.2009, p. 37.

[46]             Established by Council Decision 2005/681/JHA, OJ L 256,
1.10.2005, p. 63.

[47]             Established by Regulation (EU) No 1077/2011, OJ L 286,
1.11.2011, p. 1.

[48]             OJ L 186, 15.7.2008, p. 7.

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