Explanatory Memorandum to COM(2010)720 - Proposition de DÉCISION DU CONSEIL sur une position de l'Union au conseil de stabilisation et d’association UE ancienne République yougoslave de Macédoine en ce qui concerne la participation de l'ancienne République yougoslave de Macédoine en tant qu’observateur aux travaux de l’Agence des droits fondamentaux de l’Union européenne, ainsi que les modalités respectives en matière de participation aux initiatives prises par l’Agence, de contributions financières et de personnel, dans le cadre établi par les articles 4 et 5 du règlement (CE) n° 168/2007 du Conseil - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)720 - Proposition de DÉCISION DU CONSEIL sur une position de l'Union au conseil de stabilisation et d’association UE ancienne ... |
|---|---|
| source | COM(2010)720  |
| date | 13-12-2010 |
The European Union Agency for Fundamental Rights (hereinafter “the Agency”) was set up by Council Regulation (EC) No 168/2007 i (hereinafter, “the Regulation”).
According to Article 2 of the Regulation, the Agency's objective is to provide the relevant institutions, bodies and 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.
Pursuant to Article 28 i of the Council Regulation 168/2007/EC, the Agency shall be open to the participation of candidate countries as observers. The participation and the respective modalities should be determined by a decision of the relevant Association Council, whereby the particular nature, extent and manner of participation will be defined. Upon adoption of this decision, the Agency will be able to deal with fundamental rights issues in the candidate country in question within the scope of Article 3 i of the Regulation, to the extent necessary for the gradual alignment of the country to Union law.
2. The proposed Decision
The Commission proposes to the Council the adoption of a decision on a Union position in the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council on the issue of the participation of the former Yugoslav Republic of Macedonia in the Agency. The proposed decision includes a draft decision of the Stabilisation and Association Council, which complies with the requirements of Article 28.
In conformity with one of the basic principles underpinning the Regulation (i.e., the Agency works on the basis of a thematic, as opposed to country-specific, approach) the draft Decision enables the Agency to carry out in the former Yugoslav Republic of Macedonia the tasks laid down in Article 4 and 5 of the Regulation.
The draft Decision also lays down that the former Yugoslav Republic of Macedonia shall appoint an observer and alternate observer to the Management Board of the Agency. These persons should comply with the criteria laid down in Article 12 i of the Regulation. They shall participate in the works of the Management Board on equal footing with the members and alternate members appointed by Member States, but without a right to vote.
The Decision for participation in the Agency's work includes also provisions relating to the the former Yugoslav Republic of Macedonia's s financial contribution and to staff.
The proposed Decision makes provisions for a financial contribution based on a participation starting in 2011 (first year of participation in annex I, point 5).
The draft decision is also in line with the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities. The ratio between administrative and operational costs of the Agency’s budget for the EU Member States is also applicable, on average on the candidate countries estimates.
The draft decision is accompanied by a financial statement.