Explanatory Memorandum to COM(2007)478 - Conclusion of an Agreement with the Council of Europe on cooperation between the EU Agency for Fundamental Rights and the Council of Europe - Main contents
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| dossier | COM(2007)478 - Conclusion of an Agreement with the Council of Europe on cooperation between the EU Agency for Fundamental Rights and the ... |
|---|---|
| source | COM(2007)478  |
| date | 21-08-2007 |
According to Article 9 of the Regulation, the Agency shall coordinate its activities with those of the Council of Europe in order to avoid duplication and in order to ensure complementarity and added value. To that end, Article 9 states that the Community shall enter into an agreement with the Council of Europe for the purpose of establishing close cooperation between the latter and the Agency (“the Agreement”).
In accordance with Article 300 of the Treaty establishing the European Community, the Council authorized on 15 February 2007 the Commission to negotiate, on behalf of the European Community, the Agreement i. On the same day the Council approved the text of the negotiating directives i and appointed the ad hoc Working Party on Fundamental Rights and Citizenship as the special Committee to assist the Commission in the negotiations.
The negotiations between the Commission and the Secretary General of the Council of Europe started in March 2007. Negotiations and consultations took place in April and May 2007. The ad hoc Working Party on Fundamental Rights and Citizenship of the Council was consulted on the negotiations. The European Parliament was also informed, in accordance with the Framework Agreement on relations between the European Parliament and the Commission.
The Agreement annexed to this proposal for a Council Decision establishes a cooperation framework between the Agency and the Council of Europe. It organises regular contacts and meetings between officials of the Agency and of the Council of Europe. It arranges exchange of information with due respect for the relevant rules on data protection. It provides for coordination of activities, particularly with regard to preparation of the Agency's annual work programme, in order to avoid duplication of work and to guarantee the best possible use of resources. The Agreement makes possible joint and complementary activities on subjects of common interests.
The Agreement contains also provisions on the appointment by the Council of Europe of an independent person to sit on the Management and Executive Boards of the Agency, together with an alternate. The Agreement defines the role of that person in the Executive Board.
The Agreement gives firmer shape to the cooperation between the Agency and the Council of Europe. Its conclusion will empower the Agency and the Council of Europe to work closely together in order to strengthen the protection of fundamental rights in Europe. It is to be noted that when the Agency will participate in the activities of the Council of Europe, it will act in complete independence as provided in the Regulation.
The Agency is a legal successor of the European Monitoring Centre on Racism and Xenophobia. The cooperation between the Centre and the Council of Europe was covered by the Agreement of 10 February 1999 between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7 i of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, close cooperation between the Centre and the Council of Europe i. This Agreement abrogates and replaces the said Agreement.
The Council is asked to authorise its President to designate the person authorised to sign, on behalf of the Community, this Agreement in order to express the consent of the Community to be bound by it.
In the light of the above, the Commission proposes that the Council adopts the attached proposal for a Council Decision.