BETA


2005/0125(CNS) European Union Agency for Fundamental Rights: pursuing actions on police and judicial co-operation in criminal matters, Treaty TEU Title VI

Progress: Procedure lapsed or withdrawn

RoleCommitteeRapporteurShadows
Lead LIBE KÓSÁNÉ KOVÁCS Magda (icon: PSE PSE)
Lead committee dossier:
Legal Basis:
Treaty on the European Union (after Amsterdam) M 030, Treaty on the European Union (after Amsterdam) M 031, Treaty on the European Union (after Amsterdam) M 034-p2c

Events

2007/01/11
   EC - Commission response to text adopted in plenary
Documents
2006/12/04
   CSL - Debate in Council
Documents
2006/12/04
   CSL - Council Meeting
2006/11/30
   EP - Decision by Parliament
Details

The European Parliament adopted a resolution drafted by Magda Kovács (PES, HU) by 469 votes in favour to 101 against with 13 abstentions. It approved the Commission proposal as amended by Parliament on 12 October 2006. This resolution is closely connected to that drafted by Kinga GÁL and adopted on the same date. (Please see CNS/2005/0124.)

Documents
2006/10/12
   EP - Results of vote in Parliament
2006/10/12
   EP - Debate in Parliament
2006/10/12
   EP - Decision by Parliament
Details

The European Parliament decided to postpone the final vote on the report by Magda KÓSÁNÉ KOVÁCS (PSE, HU) regarding the extension of the competences of the Agency to matters covered by Title VI of the TEU (3rd pillar – intergovernmental cooperation.) In doing so, Parliament wished to give the Commission more time to reach a compromise with the Council. Certain Member States favour the proposition that the Agency should deal not only with first pillar issues but also third pillar ones such as police and justice cooperation which includes measures on immigration and counter-terrorism.

Accordingly, Parliament approved the decision of its competent committees and accepted the 43 amendments proposed by the latter on the legislation concerning the establishment of the Agency. (Please see CNS/2005/0124). It also rejected by a large majority the proposition of the IND/DEM group to reject the Commission’s entire proposal.

Parliament inserted here a new recital stating that the Agency's remit enables it to provide protection for human rights not only in the field of terrorism and organised crime but also in other fields, such as trafficking in persons, offences against children, illicit drug and arms trafficking and corruption and fraud, where measures can also weaken the effectiveness of the protection of human rights.

Documents
2006/10/05
   CSL - Debate in Council
Details

The Council had an exchange of views on the state of play regarding the establishment and effective functioning of the Agency.

The debate focused on the main outstanding question, which is the extension of the scope of the Agency to questions relating to police and judicial penal cooperation (Title VI of the Treaty on European Union, the so-called "Third Pillar").

The Presidency called on Member States, in a constructive spirit, to help in finding a compromise solution to this question, with a view to establishing of the Agency before the end of the year, in accordance with the timeframe set by the European Council in June 2006.

In this respect, the Presidency indicated that it would submit a compromise solution to delegations in the near future.

Documents
2006/10/05
   CSL - Council Meeting
2006/09/18
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/09/18
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/09/13
   EP - Vote in committee
Details

The committee adopted the report by Magda KÓSÁNÉ KOVÁCS (PES, HU) approving the proposed decision on the activities of the EU Agency for Fundamental Rights, subject to just one amendment (under the consultation procedure). This introduced a new recital referring to Article 11 of the TEU, stipulating that the Union should "define and implement a common foreign and security policy covering all areas of foreign and security policy, with the objective of developing and consolidating democracy and the rule of law and respect for human rights and fundamental freedoms".

2006/06/12
   CSL - Debate in Council
Details

The Council took note of work on a draft Regulation aimed at establishing an EU Agency for Fundamental Rights and on a draft Decision on pursuit by the agency of its activities. It requested the Permanent Representatives Committee to continue work on the remaining outstanding questions so as to enable the Council to reach an agreement.

Documents
2006/06/12
   CSL - Council Meeting
2006/02/15
   EP - Amendments tabled in committee
Documents
2006/02/07
   EP - Committee draft report
Documents
2005/09/29
   EP - Committee referral announced in Parliament
2005/09/14
   EP - KÓSÁNÉ KOVÁCS Magda (PSE) appointed as rapporteur in LIBE
2005/06/30
   EC - Document attached to the procedure
Details

COMMISSION’S IMPACT ASSESSMENT

For further information concerning the background to this issue, please refer to the summary of the Commission’s initial proposal of 30 June 2005 for a Council Decision empowering the European Union Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union – COM(2005)0280.

Note: This proposal was tabled in conjunction with a related proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights (please refer to summary relating to CNS/2005/0124).

1- POLICY OPTIONS AND IMPACTS

To address the Council’s policy objectives, five policy options were identified in this extended impact assessment. These policy options were elaborated in terms of tasks and outputs:

1.1- Option 1 – ‘status quo’ : where current structures such as EUMC and the Network of independent experts in fundamental rights would continue. There would also be a number of short and medium-term developments (such as establishment of the European Institute for Gender Equality). This option would not meet the policy objectives of the Council to establish an EU Fundamental Rights Agency - an idea that was also almost unanimously supported in the public consultation launched by the Commission.

1.2- Option 2 – ‘Focused Observation Agency’: which could collect information on fundamental rights in a limited number of thematic areas having strongest links to EU policies. The remit of the Agency would be considered ‘technical assistance’ to the EU institutions. This option would address the problems in the current situation but only to a very limited extent. The impact on improving fundamental rights data quality, the key objective of the Council, would be marginal. So the potential of this policy option to contribute to the policy objectives is very limited. The opinions expressed in the course of the public consultation were divided about the effectiveness of this policy option.

1.3- Option 3 – ‘General Observation Agency’ : that would be similar in the scope of its tasks to policy option 2, but would cover more thematic areas.

1.4- Option 4 – ‘Focused Observation and Assessment Agency on Union Policies’: that would include all the objectives and activities of policy option 3. In addition, the Agency would have greater responsibilities as regards observing EU institutions and Member States when they implement Union law. Based on data collection, the Agency would carry out assessments and issue opinions to EU institutions and Member States.

1.5- Option 5 – ‘Widest Possible Observation and Assessment Agency’, covering both Union and non-Union policies: that would include all the objectives and activities identified for policy option 4. But the Agency would also monitor respect for fundamental rights in the Member States for the purposes of Article 7 TEU, i.e. it would monitor Member States also when they act autonomously, outside EU law. In practice, this would require the Agency to have substantial presence in each EU Member State.

CONCLUSION : Option 4 – ‘Focused Observation and Assessment Agency limited to Union law’ – emerged from the impact assessment as the preferred way to achieve the policy objectives and address the problems identified. It addresses the problems in the current situation efficiently; it entails a medium financial cost, and it has a considerable degree of political acceptability.

IMPACTS

The proposed establishment of a Fundamental Rights Agency would have an impact in several positive respects relating to the quality of information, as well as to systematic observation of impact on fundamental rights resulting from EU action and from implementation of EU law by the Member States.

The Agency will increase the availability, quality and comparability of data and information by closely working with Member States’ statistical institutes and other stakeholders to improve the current situation. In contrast to policy option 3, the task of issuing opinions will provide an additional impetus to ensure that data and information are valid, comparable and available. The Agency will establish comprehensive systems to observe the impact of EU and Member States’ action on the ground through better availability of information and issuing of opinions. The focus on the areas of Union competence means, however, that observation and assessment of issues is limited to how the implementation of EU law and policies affects fundamental rights in practice. The creation of the Agency will lead to better coordination of national human rights institutions and engagement with NGOs, when the Agency will work with them for consultation, information-gathering purposes. It will also increase awareness of citizens of their fundamental rights. This will be done via publicity campaigns, public website, access to Agency resources etc, in accordance with a communication strategy to be prepared by the Agency.

The Agency will increase the coherence and consistency of applying fundamental rights standards in the Union policies by acting as a centre of expertise for the Union institutions. The Agency will also have a duty to respond rapidly to requests for information and assistance from the Union institutions. By observing and assessing the impacts on fundamental rights from the Union policies and legislation, the Agency will have ability to improve the coherence of fundamental rights policy of the EU.

Efficiency is expected as work will be targeted and focused on Union priorities. Focus on EU level priorities ensures relevance of the Agency to the Union’s policies. It will also contribute avoiding duplication of work by other institutions at the international, European and national levels.

Lastly, by keeping racism and xenophobia as one of the prime fields to observe and assess, the Agency will ensure EUMC work on racism and xenophobia will not be diluted. Continuation of EUMC work will facilitate the transformation into an Agency and retain EUMC expertise and institutional learning.

The screening did not reveal any significant negative impacts of the proposal in economic, social or environmental area. On the contrary, a high level of respect of fundamental rights will affect positively to other policy areas of the Union, and thus indirectly lead also to high economic, social and environmental standards for the advantage of the Europeans.

2- FOLLOW-UP

The Director of the Fundamental Rights Agency will be responsible for the implementation of effective monitoring and evaluation of the performance of the Agency against its objectives according to professionally recognized standards and shall report annually to the Management Board on the results of the evaluation.

The Director will prepare an annual report on the activities of the Agency which will compare, in particular, the results achieved with the objectives of the annual Work Programme; this report, following adoption by the Management Board, will be forwarded by 15 June at the latest to the European Parliament, the Council, the Commission and the Court of Auditors.

The Agency should also be subject to periodic external evaluation. The first external evaluation should be carried out after three years of operation. Such an external evaluation, in addition to questions of efficiency and effectiveness, should also consider the following questions:

- the Agency’s place in, and contribution to, the system of European governance (as a means of delivering Community policy objectives);

- the consistency of the Agency’s activities with those of other international organisations, such as the Council of Europe, OSCE and UN, and other relevant European bodies, such as the European Institute for Gender Equality;

- the value added by the Agency as a type of implementation of Community policy (compared to “in-house” implementation by Commission departments);- the longer-term impact of the Agency’s activities on citizens and their level of awareness of their fundamental rights.

2005/06/30
   EC - Legislative proposal published
Details

PURPOSE: To empower the European Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the TEU.

PROPOSED ACT: Council Decision.

CONTENT: In 2003 the Member States agreed to build upon the existing European Monitoring Centre on Racism and Xenophobia (EUMC), based in Vienna and to extend its mandate by turning it into a Human Rights Agency. For legal reasons the Commission is presenting two separate proposals concerning the establishment of the Agency. The first a Regulation (see CNS/2005/0124), which is the appropriate instrument for establishing an Agency and the second this Decision, which seeks to entrust the Agency with tasks in areas referred to in Article VI of the TEU.

The Charter of Fundamental Rights of the European Union is the point of reference for the Agency’s mandate. The objective of the Agency will be to provide the relevant EU institutions, bodies, offices and agencies with assistance and expertise relating to fundamental rights when defining policies or implementing legislation. The thematic areas of activity will be distinguished by a Multi-annual Framework, determined by an implementing Regulation. The idea of the Agency is to allow the Council, for example, to exploit the Agency’s expertise when acting on a proposal by one third of the Member States, by the European Parliament or by the Commission during the procedure under Article 7 of the TEU. Importantly, the mandate of the Agency will not be to carry out systematic and permanent monitoring of the Member States for the purposes of Article 7.

Regarding budgetary implications, it is being proposed that the Agency begin work as early as 1 January 2007, with a considerably extended mandate. In order to take account of the inevitable transition period, a growing budget for the period 2007-20013 is being proposed.

For more details concerning the financial implications of this measure, please refer to the financial statement.

Documents

Activities

Votes

Rapport Kosane Kovacs A6-0282/2006 - am. 2 #

2006/10/12 Outcome: -: 505, +: 91, 0: 21
GB LV SE SI MT CY EE LU FI DK CZ SK IE PL BE LT AT EL NL PT HU FR ES IT DE
Total
66
6
17
5
5
6
6
6
11
12
22
14
12
48
21
13
14
14
24
20
20
65
41
59
90
icon: IND/DEM IND/DEM
24

Sweden IND/DEM

2

Denmark IND/DEM

1

Czechia IND/DEM

1

Ireland IND/DEM

For (1)

1

Netherlands IND/DEM

2

France IND/DEM

2
icon: NI NI
28

United Kingdom NI

3

Czechia NI

Against (1)

1

Slovakia NI

Against (1)

Abstain (1)

3
icon: UEN UEN
23

Denmark UEN

Abstain (1)

1

Lithuania UEN

2
icon: GUE/NGL GUE/NGL
31

Sweden GUE/NGL

2

Cyprus GUE/NGL

2

Finland GUE/NGL

For (1)

1

Netherlands GUE/NGL

Against (1)

2

Portugal GUE/NGL

Against (1)

3

France GUE/NGL

2

Spain GUE/NGL

Against (1)

1
icon: Verts/ALE Verts/ALE
35

United Kingdom Verts/ALE

3

Latvia Verts/ALE

Against (1)

1

Sweden Verts/ALE

For (1)

1

Luxembourg Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

Belgium Verts/ALE

2

Austria Verts/ALE

Against (1)

1

Netherlands Verts/ALE

Abstain (1)

3

Spain Verts/ALE

2

Italy Verts/ALE

2
icon: ALDE ALDE
72

Latvia ALDE

Abstain (1)

1

Sweden ALDE

Against (1)

1

Slovenia ALDE

Against (1)

1

Cyprus ALDE

Against (1)

1

Estonia ALDE

Against (2)

2

Luxembourg ALDE

Against (1)

1
3

Denmark ALDE

3

Ireland ALDE

Against (1)

1

Austria ALDE

Against (1)

1

Hungary ALDE

2

Spain ALDE

Against (1)

1

Germany ALDE

3
icon: PPE-DE PPE-DE
230

Latvia PPE-DE

2

Slovenia PPE-DE

3

Malta PPE-DE

Against (2)

2

Estonia PPE-DE

Against (1)

1

Luxembourg PPE-DE

3

Denmark PPE-DE

Against (1)

1

Lithuania PPE-DE

2
icon: PSE PSE
174

Slovenia PSE

Against (1)

1

Estonia PSE

3

Luxembourg PSE

Against (1)

1

Finland PSE

2

Czechia PSE

2

Slovakia PSE

3

Ireland PSE

Against (1)

1

Lithuania PSE

2

Rapport Kosane Kovacs A6-0282/2006 - résolution #

2006/11/30 Outcome: +: 469, -: 101, 0: 13
IT FR DE ES PL HU NL AT BE PT EL LT CZ IE SK DK SE FI LU SI EE MT LV GB CY
Total
56
58
87
35
44
20
22
15
21
17
16
12
19
10
12
13
17
11
6
6
4
4
6
67
5
icon: PSE PSE
155

Lithuania PSE

2

Czechia PSE

For (1)

1

Ireland PSE

1

Slovakia PSE

2

Finland PSE

2

Luxembourg PSE

For (1)

1

Slovenia PSE

For (1)

1

Estonia PSE

2

Malta PSE

2
icon: PPE-DE PPE-DE
218
2

Denmark PPE-DE

For (1)

1
3

Luxembourg PPE-DE

3

Slovenia PPE-DE

Against (1)

4

Estonia PPE-DE

For (1)

1

Malta PPE-DE

2

Latvia PPE-DE

2

Cyprus PPE-DE

Against (1)

2
icon: ALDE ALDE
73

Spain ALDE

1

Hungary ALDE

1

Austria ALDE

1

Ireland ALDE

For (1)

1

Sweden ALDE

2

Luxembourg ALDE

For (1)

1

Slovenia ALDE

1

Estonia ALDE

For (1)

1

Latvia ALDE

1

Cyprus ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
38

Italy Verts/ALE

1

Netherlands Verts/ALE

Abstain (1)

3

Austria Verts/ALE

2

Belgium Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Sweden Verts/ALE

Abstain (1)

1

Finland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

United Kingdom Verts/ALE

5
icon: UEN UEN
32

Lithuania UEN

Abstain (1)

2

Ireland UEN

3

Denmark UEN

Against (1)

1

Latvia UEN

2
icon: GUE/NGL GUE/NGL
30

France GUE/NGL

2

Netherlands GUE/NGL

2

Portugal GUE/NGL

For (1)

3

Greece GUE/NGL

3

Sweden GUE/NGL

Against (1)

1

Finland GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

1

Cyprus GUE/NGL

2
icon: NI NI
20
3

Poland NI

2

Belgium NI

3

Czechia NI

1

United Kingdom NI

4
icon: IND/DEM IND/DEM
17

France IND/DEM

2

Poland IND/DEM

2

Netherlands IND/DEM

Against (1)

1

Denmark IND/DEM

Against (1)

1

Sweden IND/DEM

2

History

(these mark the time of scraping, not the official date of the change)

docs/1/docs/0/url
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events/3/type
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events/8
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2006-10-12T00:00:00
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EP
docs
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summary
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type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-6-2006-0510_EN.html title: T6-0510/2006
summary
The European Parliament adopted a resolution drafted by Magda Kovács (PES, HU) by 469 votes in favour to 101 against with 13 abstentions. It approved the Commission proposal as amended by Parliament on 12 October 2006. This resolution is closely connected to that drafted by Kinga GÁL and adopted on the same date. (Please see CNS/2005/0124.)
events/9
date
2006-11-30T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2006-0510_EN.html title: T6-0510/2006
summary
The European Parliament adopted a resolution drafted by Magda Kovács (PES, HU) by 469 votes in favour to 101 against with 13 abstentions. It approved the Commission proposal as amended by Parliament on 12 October 2006. This resolution is closely connected to that drafted by Kinga GÁL and adopted on the same date. (Please see CNS/2005/0124.)
committees/0
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Responsible Committee
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EP
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Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: KÓSÁNÉ KOVÁCS Magda date: 2005-09-14T00:00:00 group: Socialist Group in the European Parliament abbr: PSE
committees/0
type
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date
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rapporteur
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docs/0/docs/0/url
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EP
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-510 title: T6-0510/2006
summary
The European Parliament adopted a resolution drafted by Magda Kovács (PES, HU) by 469 votes in favour to 101 against with 13 abstentions. It approved the Commission proposal as amended by Parliament on 12 October 2006. This resolution is closely connected to that drafted by Kinga GÁL and adopted on the same date. (Please see CNS/2005/0124.)
events/8/docs/0/url
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events/9
date
2006-11-30T00:00:00
type
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body
EP
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-510 title: T6-0510/2006
summary
The European Parliament adopted a resolution drafted by Magda Kovács (PES, HU) by 469 votes in favour to 101 against with 13 abstentions. It approved the Commission proposal as amended by Parliament on 12 October 2006. This resolution is closely connected to that drafted by Kinga GÁL and adopted on the same date. (Please see CNS/2005/0124.)
events/9/docs/0/url
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activities
  • date: 2005-06-30T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0280/COM_COM(2005)0280_EN.pdf title: COM(2005)0280 type: Legislative proposal published celexid: CELEX:52005PC0280(02):EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco type: Legislative proposal published
  • date: 2005-09-29T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2005-09-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: KÓSÁNÉ KOVÁCS Magda
  • body: CSL meeting_id: 2736 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2736*&MEET_DATE=12/06/2006 type: Debate in Council title: 2736 council: General Affairs date: 2006-06-12T00:00:00 type: Council Meeting
  • date: 2006-09-13T00:00:00 body: EP committees: body: EP responsible: True committee: LIBE date: 2005-09-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: KÓSÁNÉ KOVÁCS Magda type: Vote in committee, 1st reading/single reading
  • date: 2006-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-282&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0282/2006 body: EP committees: body: EP responsible: True committee: LIBE date: 2005-09-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: KÓSÁNÉ KOVÁCS Magda type: Committee report tabled for plenary, 1st reading/single reading
  • body: CSL meeting_id: 2752 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2752*&MEET_DATE=05/10/2006 type: Debate in Council title: 2752 council: Justice and Home Affairs (JHA) date: 2006-10-05T00:00:00 type: Council Meeting
  • date: 2006-10-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061012&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-415 type: Decision by Parliament, 1st reading/single reading title: T6-0415/2006 body: EP type: Debate in Parliament
  • date: 2006-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-510 type: Decision by Parliament, 1st reading/single reading title: T6-0510/2006 body: EP type: Decision by Parliament, 1st reading/single reading
  • body: CSL meeting_id: 2768 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2768*&MEET_DATE=04/12/2006 type: Debate in Council title: 2768 council: Justice and Home Affairs (JHA) date: 2006-12-04T00:00:00 type: Council Meeting
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  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2768 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2768*&MEET_DATE=04/12/2006 date: 2006-12-04T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2752 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2752*&MEET_DATE=05/10/2006 date: 2006-10-05T00:00:00
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 2736 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2736*&MEET_DATE=12/06/2006 date: 2006-06-12T00:00:00
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  • date: 2005-06-30T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2005/0849/COM_SEC(2005)0849_EN.pdf title: SEC(2005)0849 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2005&nu_doc=849 title: EUR-Lex summary: COMMISSION’S IMPACT ASSESSMENT For further information concerning the background to this issue, please refer to the summary of the Commission’s initial proposal of 30 June 2005 for a Council Decision empowering the European Union Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union – COM(2005)0280. Note: This proposal was tabled in conjunction with a related proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights (please refer to summary relating to CNS/2005/0124). 1- POLICY OPTIONS AND IMPACTS To address the Council’s policy objectives, five policy options were identified in this extended impact assessment. These policy options were elaborated in terms of tasks and outputs: 1.1- Option 1 – ‘status quo’ : where current structures such as EUMC and the Network of independent experts in fundamental rights would continue. There would also be a number of short and medium-term developments (such as establishment of the European Institute for Gender Equality). This option would not meet the policy objectives of the Council to establish an EU Fundamental Rights Agency - an idea that was also almost unanimously supported in the public consultation launched by the Commission. 1.2- Option 2 – ‘Focused Observation Agency’: which could collect information on fundamental rights in a limited number of thematic areas having strongest links to EU policies. The remit of the Agency would be considered ‘technical assistance’ to the EU institutions. This option would address the problems in the current situation but only to a very limited extent. The impact on improving fundamental rights data quality, the key objective of the Council, would be marginal. So the potential of this policy option to contribute to the policy objectives is very limited. The opinions expressed in the course of the public consultation were divided about the effectiveness of this policy option. 1.3- Option 3 – ‘General Observation Agency’ : that would be similar in the scope of its tasks to policy option 2, but would cover more thematic areas. 1.4- Option 4 – ‘Focused Observation and Assessment Agency on Union Policies’: that would include all the objectives and activities of policy option 3. In addition, the Agency would have greater responsibilities as regards observing EU institutions and Member States when they implement Union law. Based on data collection, the Agency would carry out assessments and issue opinions to EU institutions and Member States. 1.5- Option 5 – ‘Widest Possible Observation and Assessment Agency’, covering both Union and non-Union policies: that would include all the objectives and activities identified for policy option 4. But the Agency would also monitor respect for fundamental rights in the Member States for the purposes of Article 7 TEU, i.e. it would monitor Member States also when they act autonomously, outside EU law. In practice, this would require the Agency to have substantial presence in each EU Member State. CONCLUSION : Option 4 – ‘Focused Observation and Assessment Agency limited to Union law’ – emerged from the impact assessment as the preferred way to achieve the policy objectives and address the problems identified. It addresses the problems in the current situation efficiently; it entails a medium financial cost, and it has a considerable degree of political acceptability. IMPACTS The proposed establishment of a Fundamental Rights Agency would have an impact in several positive respects relating to the quality of information, as well as to systematic observation of impact on fundamental rights resulting from EU action and from implementation of EU law by the Member States. The Agency will increase the availability, quality and comparability of data and information by closely working with Member States’ statistical institutes and other stakeholders to improve the current situation. In contrast to policy option 3, the task of issuing opinions will provide an additional impetus to ensure that data and information are valid, comparable and available. The Agency will establish comprehensive systems to observe the impact of EU and Member States’ action on the ground through better availability of information and issuing of opinions. The focus on the areas of Union competence means, however, that observation and assessment of issues is limited to how the implementation of EU law and policies affects fundamental rights in practice. The creation of the Agency will lead to better coordination of national human rights institutions and engagement with NGOs, when the Agency will work with them for consultation, information-gathering purposes. It will also increase awareness of citizens of their fundamental rights. This will be done via publicity campaigns, public website, access to Agency resources etc, in accordance with a communication strategy to be prepared by the Agency. The Agency will increase the coherence and consistency of applying fundamental rights standards in the Union policies by acting as a centre of expertise for the Union institutions. The Agency will also have a duty to respond rapidly to requests for information and assistance from the Union institutions. By observing and assessing the impacts on fundamental rights from the Union policies and legislation, the Agency will have ability to improve the coherence of fundamental rights policy of the EU. Efficiency is expected as work will be targeted and focused on Union priorities. Focus on EU level priorities ensures relevance of the Agency to the Union’s policies. It will also contribute avoiding duplication of work by other institutions at the international, European and national levels. Lastly, by keeping racism and xenophobia as one of the prime fields to observe and assess, the Agency will ensure EUMC work on racism and xenophobia will not be diluted. Continuation of EUMC work will facilitate the transformation into an Agency and retain EUMC expertise and institutional learning. The screening did not reveal any significant negative impacts of the proposal in economic, social or environmental area. On the contrary, a high level of respect of fundamental rights will affect positively to other policy areas of the Union, and thus indirectly lead also to high economic, social and environmental standards for the advantage of the Europeans. 2- FOLLOW-UP The Director of the Fundamental Rights Agency will be responsible for the implementation of effective monitoring and evaluation of the performance of the Agency against its objectives according to professionally recognized standards and shall report annually to the Management Board on the results of the evaluation. The Director will prepare an annual report on the activities of the Agency which will compare, in particular, the results achieved with the objectives of the annual Work Programme; this report, following adoption by the Management Board, will be forwarded by 15 June at the latest to the European Parliament, the Council, the Commission and the Court of Auditors. The Agency should also be subject to periodic external evaluation. The first external evaluation should be carried out after three years of operation. Such an external evaluation, in addition to questions of efficiency and effectiveness, should also consider the following questions: - the Agency’s place in, and contribution to, the system of European governance (as a means of delivering Community policy objectives); - the consistency of the Agency’s activities with those of other international organisations, such as the Council of Europe, OSCE and UN, and other relevant European bodies, such as the European Institute for Gender Equality; - the value added by the Agency as a type of implementation of Community policy (compared to “in-house” implementation by Commission departments);- the longer-term impact of the Agency’s activities on citizens and their level of awareness of their fundamental rights. type: Document attached to the procedure body: EC
  • date: 2006-02-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE369.852 title: PE369.852 type: Committee draft report body: EP
  • date: 2006-02-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE370.082 title: PE370.082 type: Amendments tabled in committee body: EP
  • date: 2006-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-282&language=EN title: A6-0282/2006 type: Committee report tabled for plenary, 1st reading/single reading body: EP
events
  • date: 2005-06-30T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0280/COM_COM(2005)0280_EN.pdf title: COM(2005)0280 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=280 title: EUR-Lex summary: PURPOSE: To empower the European Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the TEU. PROPOSED ACT: Council Decision. CONTENT: In 2003 the Member States agreed to build upon the existing European Monitoring Centre on Racism and Xenophobia (EUMC), based in Vienna and to extend its mandate by turning it into a Human Rights Agency. For legal reasons the Commission is presenting two separate proposals concerning the establishment of the Agency. The first a Regulation (see CNS/2005/0124), which is the appropriate instrument for establishing an Agency and the second this Decision, which seeks to entrust the Agency with tasks in areas referred to in Article VI of the TEU. The Charter of Fundamental Rights of the European Union is the point of reference for the Agency’s mandate. The objective of the Agency will be to provide the relevant EU institutions, bodies, offices and agencies with assistance and expertise relating to fundamental rights when defining policies or implementing legislation. The thematic areas of activity will be distinguished by a Multi-annual Framework, determined by an implementing Regulation. The idea of the Agency is to allow the Council, for example, to exploit the Agency’s expertise when acting on a proposal by one third of the Member States, by the European Parliament or by the Commission during the procedure under Article 7 of the TEU. Importantly, the mandate of the Agency will not be to carry out systematic and permanent monitoring of the Member States for the purposes of Article 7. Regarding budgetary implications, it is being proposed that the Agency begin work as early as 1 January 2007, with a considerably extended mandate. In order to take account of the inevitable transition period, a growing budget for the period 2007-20013 is being proposed. For more details concerning the financial implications of this measure, please refer to the financial statement.
  • date: 2005-09-29T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2006-06-12T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2736*&MEET_DATE=12/06/2006 title: 2736 summary: The Council took note of work on a draft Regulation aimed at establishing an EU Agency for Fundamental Rights and on a draft Decision on pursuit by the agency of its activities. It requested the Permanent Representatives Committee to continue work on the remaining outstanding questions so as to enable the Council to reach an agreement.
  • date: 2006-09-13T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the report by Magda KÓSÁNÉ KOVÁCS (PES, HU) approving the proposed decision on the activities of the EU Agency for Fundamental Rights, subject to just one amendment (under the consultation procedure). This introduced a new recital referring to Article 11 of the TEU, stipulating that the Union should "define and implement a common foreign and security policy covering all areas of foreign and security policy, with the objective of developing and consolidating democracy and the rule of law and respect for human rights and fundamental freedoms".
  • date: 2006-09-18T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-282&language=EN title: A6-0282/2006
  • date: 2006-10-05T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2752*&MEET_DATE=05/10/2006 title: 2752 summary: The Council had an exchange of views on the state of play regarding the establishment and effective functioning of the Agency. The debate focused on the main outstanding question, which is the extension of the scope of the Agency to questions relating to police and judicial penal cooperation (Title VI of the Treaty on European Union, the so-called "Third Pillar"). The Presidency called on Member States, in a constructive spirit, to help in finding a compromise solution to this question, with a view to establishing of the Agency before the end of the year, in accordance with the timeframe set by the European Council in June 2006. In this respect, the Presidency indicated that it would submit a compromise solution to delegations in the near future.
  • date: 2006-10-12T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061012&type=CRE title: Debate in Parliament
  • date: 2006-10-12T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-415 title: T6-0415/2006 summary: The European Parliament decided to postpone the final vote on the report by Magda KÓSÁNÉ KOVÁCS (PSE, HU) regarding the extension of the competences of the Agency to matters covered by Title VI of the TEU (3rd pillar – intergovernmental cooperation.) In doing so, Parliament wished to give the Commission more time to reach a compromise with the Council. Certain Member States favour the proposition that the Agency should deal not only with first pillar issues but also third pillar ones such as police and justice cooperation which includes measures on immigration and counter-terrorism. Accordingly, Parliament approved the decision of its competent committees and accepted the 43 amendments proposed by the latter on the legislation concerning the establishment of the Agency. (Please see CNS/2005/0124). It also rejected by a large majority the proposition of the IND/DEM group to reject the Commission’s entire proposal. Parliament inserted here a new recital stating that the Agency's remit enables it to provide protection for human rights not only in the field of terrorism and organised crime but also in other fields, such as trafficking in persons, offences against children, illicit drug and arms trafficking and corruption and fraud, where measures can also weaken the effectiveness of the protection of human rights.
  • date: 2006-11-30T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-510 title: T6-0510/2006 summary: The European Parliament adopted a resolution drafted by Magda Kovács (PES, HU) by 469 votes in favour to 101 against with 13 abstentions. It approved the Commission proposal as amended by Parliament on 12 October 2006. This resolution is closely connected to that drafted by Kinga GÁL and adopted on the same date. (Please see CNS/2005/0124.)
  • date: 2006-12-04T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2768*&MEET_DATE=04/12/2006 title: 2768
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  • date: 2005-06-30T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0280/COM_COM(2005)0280_EN.pdf celexid: CELEX:52005PC0280(02):EN type: Legislative proposal published title: COM(2005)0280 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco
  • date: 2005-09-29T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2005-09-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: KÓSÁNÉ KOVÁCS Magda
  • body: CSL meeting_id: 2736 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2736*&MEET_DATE=12/06/2006 type: Debate in Council title: 2736 council: General Affairs date: 2006-06-12T00:00:00 type: Council Meeting
  • date: 2006-09-13T00:00:00 body: EP committees: body: EP responsible: True committee: LIBE date: 2005-09-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: KÓSÁNÉ KOVÁCS Magda type: Vote in committee, 1st reading/single reading
  • date: 2006-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-282&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0282/2006 body: EP committees: body: EP responsible: True committee: LIBE date: 2005-09-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: KÓSÁNÉ KOVÁCS Magda type: Committee report tabled for plenary, 1st reading/single reading
  • body: CSL meeting_id: 2752 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2752*&MEET_DATE=05/10/2006 type: Debate in Council title: 2752 council: Justice and Home Affairs (JHA) date: 2006-10-05T00:00:00 type: Council Meeting
  • date: 2006-10-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061012&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-415 type: Decision by Parliament, 1st reading/single reading title: T6-0415/2006 body: EP type: Debate in Parliament
  • date: 2006-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-510 type: Decision by Parliament, 1st reading/single reading title: T6-0510/2006 body: EP type: Decision by Parliament, 1st reading/single reading
  • body: CSL meeting_id: 2768 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2768*&MEET_DATE=04/12/2006 type: Debate in Council title: 2768 council: Justice and Home Affairs (JHA) date: 2006-12-04T00:00:00 type: Council Meeting
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