CELEX: 51997PC0201
Language: en
Date: 1997-05-14
Title: Amended proposal for a Council Regulation (EC) establishing a European Monitoring Centre for Racism and Xenophobia

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       Brussels, 14.05.1997
                                       COM(97) 201 final
                                       96/ 0298 (CNS)
                    Amended proposal for a
                COUNCIL fiEQUlATIQN (EC)
establishing a European Monitoring Centre for Racism and Xenophobia
  (presented by the Commission pursuant to Article 189 a (2)
                       of the EC-Treaty)
 ---pagebreak---  ---pagebreak---  Explanatory memorandum
On 27 November 1996 the Commission presented a proposal for a Council regulation
establishing a European Monitoring Centre for Racism and Xenophobia. This proposal
aims to establish a European Monitoring Centre for Racism and Xenophobia which
will place the results of its work at the disposal of the Community and the Member
States.
The Economic and Social Committee and the European Parliament have been
consulted on the basis of Article 235 of the Treaty, the legal basis of the proposal.
On 19 March 1997 the Economic and Social Committee adopted an Opinion in which
it proposed a number of amendments of which one has been accepted by the
Commission and integrated in this amended proposal.
The European Parliament, in its session of April 1997, made several amendments to
the Commission's text. The Commission was unable to accept all the amendments
since some aimed to change standard articles applied to monitoring centres functioning
under the Community's aegis and others aimed to extend the field of activity of the
Centre beyond what could be conferred under the EC Treaty.
However, the Commission did accept some amendments.
Consequently, it proposes, on the basis of Article 189(a)(2) of the EC Treaty to
modify its initial proposal to take account of certain amendments proposed by the
European Parliament in its legislative resolution.
                                        o£
 ---pagebreak---                  CoiîïineitC on proposée ntodificalbuts
md 2 Amendments consisting in the addition of 2 new recitals.
     The amendments contain useful clarifications which supplement the recitals
     already proposed.
     Amendment consisting in the addition of the words "in the Member States"
     to the fourteenth recital.
     The addition of a reference to the organisations in the Member States
     usefully supplements the reference to national and international
     organisations.
     Amendment concerning Article 2,(2) - Objective and tasks of the Centre.
     The amendment proposed contains useful clarifications.
     Amendment concerning the title of Article 7.
     This consists in the addition of organisations in the Member States to
     national or international organisations (see point 3).
     Amendment concerning Article 7(1).*
     This amendment is on all fours with point 5 (supra). It also aims to oblige
     the Centre to cooperate with the organisations referred to.
     Amendment concerning Article 10, paragraph 3.
     This amendment is a clarification.
     Amendment concerning Article 11,2,2.
     This amendment reflects the addition of the organisations in the Member
     States in Article 7.
     Amendment concerning Article 13.
     This amendment adds an Article 13a and states that the translation services
     required are provided by the Translation Centre to bodies of the European
     Union.
 ---pagebreak---  Proposal for a Council                       Amended proposal for a Council
    regulation establishing a European
                                              Regulation establishing a European
Monitoring Centre for Racism and
                                           Monitoring Centre for Racism and
Xenophobia
                                           Xenophobia
Old version
                                           New version
presented by the         Commission   on
                                           taking into account certain amendments
27 November 1996
                                           of the European Parliament
               Proposal for a
    COUNCIL REGULATION (EO
   establishing a European Monitoring
  Centre for Racism and Xenophobia
        THE COUNCIL OF THE
          EUROPEAN UNION
Having regard to the Treaty establishing
the European Community, and in
particular Article 235 thereof,
Having regard to the proposal from the                    Unchanged
Commission1,
Having regard to the opinion of the                       Unchanged
European Parliament2,
Having regard to the opinion of the                       Unchanged
Economic and Social Committee3,
Having regard to the opinion of the                       Unchanged
Committee of the Regions4,
                                         4
 ---pagebreak---  Whereas, in the preamble to the Single         Unchanged
 European Act, the Member States stress
 the need to "work together tc promote
 democracy on the basis of the
 fundamental rights recognized in the
 constitutions and laws of the Member
 States, in the Convention for the
 Protection of Human Rights and
 Fundamental Freedoms and the European
 Social Charter, notably freedom, equality
 and social justice";
               . .   .*, v <~ ,   ~             Unchanged
 Whereas Article F(2) of the Treaty on
 European Union states that the Union is
 to "respect fundamental rights, as
 guaranteed by the European Convention
 for the Protection of Human Rights and
 Fundamental Freedoms signed in Rome
 on 4 November 1950 and as they result
 from the constitutional traditions common
 to the Member States, as general
 principles of Community law";
 Whereas racism, xenophobia and                 Unchanged
 antisemitism. seriously impinge on
 fundamental rights;
 Whereas the Community must respect             Unchanged
 fundamental rights in formulating and
 applying its policies; whereas, in
 particular, compliance with human rights
 constitutes a condition of the legality of
 Community acts;
 Whereas on 11 June 1986, the European          Unchanged
 Parliament,       the     Council,     the
 representatives of the Member States
 meeting within the Council and the
 Commission adopted a joint declaration
 on racism and xenophobia stressing the
 "importance of adequate and objective
 information and of making all citizens
 aware of the dangers of racism and
 xenophobia, and the need to ensure that
 all acts or forms of discrimination are
 prevented or curbed"5;
              .                  :          1 :           ..
OJNoC 158, 25.6.1986, p. 1
                                            r
 ---pagebreak--- Whereas the European Council meeting          Unchanged
in Corfu on 24 and 25 June 1994
determined to step up efforts to define, at
European Union level, a global strategy
aimed at combating acts of racist and
xenophobic violence; whereas to this end
it set up a Consultative Commission
charged with making recommendations
on combating racism and xenophobia;
Whereas the European Council meeting          Unchanged
in Cannes on 26 and 27 June 1995 called
on the Consultative Commission to
extend its work in order to study, in close
cooperation with the Council of Europe,
the feasibility of a European Monitoring
Centre on Racism and Xenophobia;
Whereas the conclusions of this feasibility   Unchanged
study were put to the European Council
meeting in Florence on 21 and 22 June
 1996;
Whereas the European Council meeting          Unchanged
in Florence reaffirmed the Union's
determination to combat racism and
xenophobia with the utmost resolve and
approved the principle underlying the
establishment of a European Monitoring
Centre;
Whereas the collection, recording,            Unchanged
analysis and publication of objective,
reliable and comparable information on
racist and xenophobic acts and attitudes
are necessary at European level to
provide full information          in the
Community on the problem of racism and
xenophobia so as to enable the
Community to meet its obligation to
respect fundamental rights and to take
account of them in formulating and
applying whatever policies and acts it
adopts in its sphere of competence;
Whereas racism and xenophobia are             Unchanged
phenomena which manifest themselves at
all levels within the Community: local,
regional, national and Community;
                                            C
 ---pagebreak---  Whereas the information which is                         Unchanged
 collected, recorded and analysed at
 Community level can also be useful to the
 Member States' authorities in formulating
 and applying measures at local, regional
 and national level in their own spheres of
 competence;
                                            Whereas, in the Member States, there
                                            are numerous outstanding organizations
                                            which study racism and xenophobia;
                                            Whereas the harmonisation of research
                                            and the creation of a network of
                                            organizations     will    enhance    the
                                            usefulness and effectiveness of such
                                            work;
 Whereas it is therefore appropriate to set                Unchanged
 up a European Monitoring Centre for
 Racism and Xenophobia which will make
 the results of its work available to both
 the Community and the Member States;
 Whereas the tasks assigned to the Centre   Whereas the tasks assigned to the Centre
 presuppose cooperation with other          presuppose cooperation with other
 national and international organizations,  organizations in the Member States and
 and particularly with the Council of       international      organizations,    and
 Europe.,    which       has   considerable particularly with the Council of Europe,
 experience in this field;                  which has considerable experience in this
                                            field;
 Whereas the protection of personal data                   Unchanged
 must be assured in accordance with
 Directive 95/46/EC of the European
 Parliament and of the Council of 24
 October 1995 on the protection of
 individuals with regard to the processing
 of personal data and on the free
 movement of such data6;
 Whereas the Centre must enjoy maximum                     Unchanged
 legal and political autonomy, while
 maintaining close links with the
 Community institutions;'
OJNoL281, 23.11.1995, p. 31.
                                          7
 ---pagebreak--- Whereas this Regulation might, where                         Unchanged
appropriate, be adapted on expiry of a
three-year period, with a view to deciding
whether or not to modify or extend the
Centre's tasks, more especially depending
on any changes in Community powers;
Whereas the Treaty does not, for the                          Unchanged
purpose of adoption of this Regulation,
provide for any powers of action other
than those laid down in Article 235,
HAS ADOPTED THIS REGULATION:                                  Unchanged
                  Article 1
A European Monitoring Centre for
Racism and Xenophobia (hereinafter
referred to as "the Centre") is hereby
established.
                  Article 2                                   Unchanged
            Objective and tasks
 1. The prime objective of the Centre shall
be to provide the Community and its
Member States, more especially within
the fields referred to in Article 3(3), with
objective, reliable and comparable data at
European level on the phenomena of
racism, xenophobia and antisemitism in
order to help them when they take
measures or formulate courses of action
within their respective spheres of
competence
2. The Centre shall study the extent and                      Unchanged
development of the phenomena and
manifestations of racism, xenophobia and
antisemitism, analyse their causes,
consequences and effects and examine
 examples of good practice in dealing with
them. To these ends, the Centre shall:
 (a) collect,     record    and      analyse   (a) collect,    record     and      analyse
     information and data, including data          information and data, including data
     resulting from scientific research,           resulting from scientific research,
     communicated to it by the Member              communicated to it by research
      States, the Community institutions,          centres, the Member States, the
     international           organizations -       Community institutions, international
      particularly those referred to in            organizations - particularly      those
     Article 4(1) - and non-governmental           referred to in Article 4(1) - and non-
     orgaruzations;                                governmental organizations;
                                             r
 ---pagebreak--- (b) build up cooperation between the                         Unchanged
    suppliers of information and develop
    a policy for concerted use of their
    data bases in order to foster, where
    appropriate at the request of the
    European Parliament, the Council or
    the      Commission,       the     wide
    distribution of their information;
(c) carry out scientific research and                        Unchanged
    surveys, preparatory studies and
    feasibility studies, where appropriate
    at the request of the European
    Parliament, the Council or the
    Commission. It shall also organize
    meetings of experts and, whenever
    necessary, set up ad hoc working
    parties;
(d) set up documentation resources open      (d) support the setting up and linking of
    to the public, encourage the                 documentation resources open to the
    promotion of information activities          public, assist in the promotion of
    and stimulate scientific research;           information activities and stimulate
                                                 scientific research;
(e) formulate         conclusions       and                  Unchanged
    recommendations for the Community
    and its Member States;
(f) publish an annual report on the                          Unchanged
    situation regarding racism and
    xenophobia in the Community, also
    highlighting examples of good
    practice, and on the Centre's
    own activities;
(g) set up and coordinate a "European        (g) set up and coordinate a "European
    Racism and Xenophobia Information            Racism and Xenophobia Information
    Network" (Raxen) consisting of the           Network" (Raxen) consisting of the
    Centre's own central unit, which shall       Centre's own central unit, which shall
    cooperate with national university           cooperate with national university
    research centres, non-governmental           research centres, non-govemmentai
     organizations and specialist centres        organizations and specialise centres
     set up by national or international         set up by organizations in the
     organizations referred to in Article 7;     Member States or international
                                                 organizations referred to in Article 7;
 ---pagebreak--- (h) facilitate     and     encourage     the  Unchanged
organization of regular round-table
discussions or meetings of other existing,
standing advisory bodies within the
Member States, with the participation of
the social partners, research centres and
representatives of competent public
authorities and other persons or bodies
involved in dealing with racism and
xenophobia. The Centre shall take the
findings of the national round-table
discussions or of other existing, standing
advisory bodies into account in its annual
report on the situation regarding racism
and xenophobia in the European
Community.
„, ..              Article 3                  Unchanged
Working methods and areas of
 activity
 1. The Centre shall carry out its tasks
in the light of the objectives adopted in its
 annual programme and with due regard
 to the available budgetary resources.
 2. In pursuing its activities, the Centre    Unchanged
 shall, in order to avoid duplication, take
 account of activities already carried out
 by the Community institutions and by
 other institutions, bodies and competent
 international organizations, particularly
the Council of Europe, and shall ensure
 that it provides added-value.
 3. The information and data to be            Unchanged
 collected and processed, the scientific
 research, surveys and studies to be
 conducted or encouraged shall be
 concerned with the extent, development,
 causes and effects of the phenomena of
 racism and xenophobia, particularly in the
 following fields:
                                         /o
 ---pagebreak--- (a) free movement of persons within the        Unchanged
      Community;
(b) employment;
(c) the media and other means of
      communication;
(d) education, vocational training and
      youth;
(e) social exclusion;
 (f) free movement of goods;
 (g) culture.
                   Article 4
    European Racism and Xenophobia             Unchanged
       Information Network (Raxen
  i. To enable the network provided for
 in Article 2(2)(g) to be established as
 rapidly and efficiently as possible, the
 Member States shall forward to the
 Centre a list of the centres and
 organizations referred to in that Article.
 2. The Centre's Management Board               Unchanged
 shall designate the bodies which are to be
 parties to Raxen. The decision of the
 Management Board shall be subject to a
 favourable opinion from the Scientific
 Committee referred to in Article 11.
  3. The Centre may enter into                  Unchanged
  contractual relations, in particular
  subcontracting arrangements, with the
  bodies referred to in paragraph 2, in
  order to accomplish any tasks which it
  may entrust to them.
  The Centre may also enter into                Unchanged
  contractual relations, on an ad hoc basis
  and for specific tasks, with bodies which
  are not part of Raxen.
  The allocation of such tasks shall appear    .Unchanged
  in the Centre's annual programme
                                            fi
 ---pagebreak---                   Articlc5                    Unchanged
    Protection and confidentiality of
               personal data
1. The Centre shall apply to its
processing of personal data under this
Regulation the provisions laid down in
Directive 95/46/EC. To this effect, the
Management Board shall adopt rules
implementing these provisions, in
particular concerning the rights of
the individuals        concerned,       the
confidentiality and security of processing,
suitable safeguards for rendering data
anonymous before disclosure, and the
internal supervision of processing.
2. The Centre shall transmit the              Unchanged
implementing rules referred to in
paragraph 1 to the Commission for
publication in the Offrcial Journal of the
European Communities. The Centre may
not process personal data before the
entry into force of those rules.
3. Where, under the provisions of this        Unchanged
Regulation, the Member States transmit
or receive personal data, they shall apply
their respective national data-protection
laws to the processing of such data in
accordance with the provisions of
Directive 95/46/EC.             <
4. Where personal data are forwarded          Unchanged
to the Centre pursuant to this Regulation
and in accordance with national law, such
data may be used only for the purposes
stated and under the conditions
prescribed by the forwarding authority.
This              provision           shall
 apply mutatis mutandis where personal
 data are communicated by the Centre to
 the competent authorities of the Member
 States or to international organizations               j
 and other Community bodies. The Centre
 shall refrain from any activity which
 concerns specific and named cases.
 5. Data on racist, xenophobic and            Unchanged
 antisemitic violence supplied to and               ~
 communicated by the Centre may be
 published subject to compliance with the
 Community and national rules on
 information        dissemination       and
 confidentiality.
                                          / &
 ---pagebreak--- 6 Member States and national bodies                        Unchanged
cooperating with the Centre shall be
under no obligation to provide
information classified as confidential
under their national law.
                  Article 6                                Unchanged
      Legal personality and capacity
The Centre shall have legal personality. It
shall enjoy, in each of the Member States,
the most extensive legal capacity
accorded to legal persons under their
laws. In particular, it may acquire or
dispose of movable and immovable
property and may be a party to
legal proceedings.
                  Article 7           .                     Article 7
      Cooperation with national and          Cooperation with organizations in the
        international organizations            Member States and international
                                                          organizations
 1. To help it carry out its tasks, the
Centre may cooperate with national or       1. To help it cany out its tasks, the
international, governmental or non-         Centre shall cooperate with organizations
governmental organizations competent in     in the Member States or international,
the field of racist and xenophobic          governmental or non-governmental
phenomena.                                  organizations competent in the field of
                                            racist and xenophobic phenomena.
2. The         arrangements     for     the                Unchanged
 cooperation referred to in paragraph 1
 shall be subject to the approval of the
Management Board.
 3 The Centre shall coordinate its                         Unchanged
 activities with those of the Council of
 Europe, particularly with regard to its
 programme of work. To this end, the
 Community shall enter into an
 agreement, on behalf of the Centre, with
 the Council of Europe for the purpose of
 establishing close cooperation between
 the latter and the Centre. This agreement
 shall include the appointment of a person
 nominated by the Council of Europe to
 sit on the Centre's Management Board
                                      is
 ---pagebreak---                  Article 8                     Unchanged
           Management Board
1. The Centre's Management Board
shall be composed of one independent
person appointed by each Member State,
one independent person appointed by the
European Parliament, one independent
person appointed by the Council of
Europe pursuant to Article 7(3), and a
representative of the Commission.
Each member shall have a deputy
appointed on a similar basis.
2. The names of the members and                Unchanged
deputy members of the Management
Board shall be notified to the European
Commission for publication in the
Official Journal of the European
Communities. Their term of office shall
be three years, which shall be renewable
once. The Management Board shall elect
its Chairman and Vice-Chairman and the
other members of the Executive Board
referred to in Article 9.
Each member of the Management Board,
or in his absence, his deputy, shall have
one vote. Decisions shall be taken by a
two-thirds majority of the votes cast. The
Chairman shall vote.
3. The Management Board shall take             Unchanged
the decisions necessary for the operation
of the Centre. In particular, it shall:
(a) determine the Centre's annual              Unchanged
     programme        of     activities   in
     accordance with the budget and the
     available resources and after
     consulting the Scientific Committee,
     this programme may be reviewed
     when necessary during the year;
(b) adopt the Centre's annual report and
     its          conclusions           and
     recommendations and forward them
     to the European Parliament, the
     Council, the Commission, the
     Economic and Social Committee
     and the Committee of the Regions; it
     shall have the annual report
     published;
                                            ;y
 ---pagebreak---   (c) appoint theCentre's Director            Unchanged
  (d) adopt the Centre's annual draft and
         final budgets
  (e) approve the accounts and give the
         Director discharge.
  4. The Management Board shall adopt         Unchanged
  its rules of procedure. The Board shall
  meet, as convened by its Chairman, at
  least twice a year.
                     Al
                        1ide 9    ,           Unchanged
                Executive Board
   1. The Executive Board shall be
  composed of the Chairman of the
  Management Board, the Vice-Chairman
   and a maximum of three other members
   of the Management Board, including the
   person appointed by the Council of
   Europe                 and             the
   Commission representative.
   2. The Executive Board shall supervise     Unchanged
   the work of the Centre, monitor the
   preparation       and       execution   of
   programmes and prepare the meetings of '
   the       Management         Board    with
   the assistance of the Centre's Director.
   The Executive Board shall also perform
   any task entrusted to it by the
   Management Board, in accordance with
   thetetter'srules of procedure.
                    Article 10                Unchanged
                     Director
    1. The Centre shall be headed by a
    Director appointed by the Management
    Board on a proposal from the
r Commission for a period of four years,
    which shall be renewable.
    2. The Director shall be responsible      Unchanged
    for:
                                         JS~
 ---pagebreak--- (a) performance of the tasks referred to                   Unchanged
     in Article 2(2);
(b) preparing and implementing the
     Centre's annual work programme;
(c) preparing reports, conclusions and
     recommendations as referred to in
     this Regulation
(d) all staff matters and matters of day-
     to-day administration.
3. The Director shall be accountable        3. The Director shall be accountable
for these activities to the Management      for his activities to the Management
Board and shall attend its meetings and     Board and shall attend its meetings and
the meetings of the Executive Board.        the meetings of the Executive Board.
4. The Director shall be the Centre's                      Unchanged
legal representative.
                 Article 11                                Unchanged
           Scientific Committee
1. The management Board and the
Director shall be assisted by a Scientific
Committee charged with giving its
opinion on any scientific question
relating to the Centre's activities which
the Management Board or the Director
put to it.
The Scientific Committee shall adopt its
opinions by a simple majority of the
votes cast, each member having one
vote. Divergent views shall be notified to
the Management Board.
  2. The Scientific Committee shall be
  composed of up to nine experts,
  preferably from different States, who
  are particularly qualified or experienced
  in analysing racist and xenophobic
  phenomena.
  These experts shall be appointed by the     These experts shall be appointed by the
  Management Board on the basis of            Management Board on the basis of
  proposals from the Member States, the       proposals from the Member States, the
  Commission, and the national and            Commission,      and      the    various
  international organizations associated      organizations associated with the
  with the Centre's work as referred to in    Centre's work as referred to in Article 7
  Article 7
  The Management Board shall ensure
  that the Scientific Committee is
  multidisciplinary in its composition
                                        lç
 ---pagebreak--- i      ;                        ~             j
  3. The term of office of the members of                     Unchanged
  the Scientific Committee shall be three
  years. It shall be renewable once.                                        /
                                    i           . . . . . . -  .        ...
  4. The Scientific Committee shall elect                     Unchanged
  its Chairman and Vice-Chairman.
  5. The Scientific Committee shall be                        Unchanged
  convened by its Chairman at least twice a
  year
                   Article 12                                 Unchanged
                                                                    &
                      Staff
  1. The staff of the Centre shall be
   subject to the regulations and rules
  applicable to officials and other servants
  of the European Communities.
  2. The Centre shall exercise in respect                     Unchanged
   of its staff the powers devolved to the
   appointing authority
  3. The Management Board shall, in                           Unchanged
   agreement with the Commission, adopt
   the appropriate implementing rules.
                   A ic e
                    * } 13                                    Unchanged
                     Budget
  1 Estimates shall be drawn , up of all
   the Centre's revenue and expenditure for
   each financial year, which shall
   correspond to the calendar year, and
   shall be entered in the Centre's budget.
  2 By 15 February each year at the                           Unchanged
   latest, the Director shall draw up the                            °
   premiminary draft budget for the
   following financial year. The preliminary
   draft budget shall cover the operating
   expenditure and programme of work
   scheduled for the following financial
   year. The Director shall submit the
   preliminary draft, together with an
   establishment plan, to the Management
   Board.
  3. The revenue and expenditure shown                        Unchanged
   m the budget shall be m balance.
                                             i%
 ---pagebreak---   4. The revenue of the Centre shall,          Unchanged
   without prejudice to other resources,
   comprise
  (a) subsidy from the Community,              Unchanged
        entered under a specific heading in
        the general budget of the European
        Communities           ("Commission"
        section);
  (b payments       received    for services
        rendered;
  (c) any financial contributions from the
        organizations referred to in Article
        7.
  5. The Centre's expenditure shall            Unchanged
  include staff remuneration, administrative
  and infrastructure expenses, operating
  costs and expenditure relating to
  contracts concluded with institutions or
  bodies party to Raxen and with third
   parties.
  6. The Management Board shall adopt          Unchanged
  the draft budget and forward it to the
  Commission. On this basis, the
  Commission shall determine the
  corresponding subsidy estimates to be
   entered in the preliminary draft general
  budget of the European Communities,
  which it places before the Council
  pursuant to Article 203 of the Treaty.
  7. The Management Board shall adopt          Unchanged
  the Centre's final budget before the
  beginning of thefinancialyear, adjusting
j it where necessary to trie Community
| subsidy and the Centre's other resources.
j 8. The Director shall implement the          Unchanged
I Centre's budget.
  9. Monitoring of the commitment and          Unchanged
   payment of all the Centre's expenditure
   and of the establishment and recovery of
   all the Centre's revenue shall be carried
   out by the Commission's Financial
   Controller.                               |
                                          /?
 ---pagebreak---   .     _____                                j                    -
10. By 31 March each year at the latest,                      Unchanged
the Director shall send the Commission,
the Management Board and the Court of
Auditors the accounts for all the Centre's
revenue and expenditure in respect of the
preceding financial year.
The Court of Auditors shall examine
these accounts in accordance with
Article 188c of the Treaty.
11. The Management Board shall give a                         Unchanged
discharge to the Director in respect of
the implementation of the budget
12. The Management Board shall, after                         Unchanged
consulting the Commission and the
Court of Auditors, adopt the internal
financial provisions specifying in
particular    the     arrangements      for
establishing and implementing the
Centre's budget.
                                                           New Article 13a
                                               The translation service required by the
                                               operation of the Centre shall be provided
                                               by the Translation Centre for bodies of
                                               the European Union established by
                                               Regulation (EC)No2965/94
                Article 14      _                             Unchanged
       Privileges and immunities
The Protocol on the Privileges and
Immunities       of      the     European
Communities shall apply to the Centre.
                Article 15                                    Unchanged
                Liability
1 The contractual liability of the
Centre shall be governed by the law
applicable to the contract in question.
The Court of Justice shall have
jurisdiction pursuant to an arbitration
 clause contained in a contract concluded
by the Centre.
                           :                 I
                                            /9
 ---pagebreak---  2      In the case of non-contractual       Unchanged
 liability, the Centre shall, in accordance
 with the general principles common to
 the laws of the Member States, make
 good any damage caused by the Centre
 or its servants in the performance of their
 duties.
The Court of Justice shall have
jurisdiction in disputes relating to
 compensation for any such damage.
                 Article 16                  Unchanged
          Reporting arrangements
During the third year following the entry
into force of this Regulation, the
Commission shall forward to the
European Parliament, the Council, the
Economic and Social Committee and the
Committee of the Regions a progress
report on the Centre's activities, together
with proposals, if appropriate, to modify
or extend its tasks, taking into account,
in particular, the development of
Community powers in the field of racism
and xenophobia.
                 Article 17                  Unchanged
              Entry into force
This Regulation shall enter into force on
the day following the date of the decision
by the competent authorities on where the
seat of the Centre should be located.
This Regulation shall be binding in its
entirety and directly applicable in all
Member States.
Done at Brussels, For the Council
                The President
                                        oOO
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 201 final
                                              DOCUMENTS
 EN                                                             01 05 06      16
                                    Catalogue number : CB-CO-97-185-EN-C
                                                             ISBN 92-78-19388-7
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