European Monitoring Centre for Racism and Xenophobia

The Regulation establishes a European Monitoring Centre on Racism and Xenophobia (EUMC) with a view to providing the Community and its Member States with objective, reliable and comparable data at European level on racism, xenophobia and anti-Semitism in order to help them when they took measures or formulated courses of action within their respective spheres of competence.

ACT

Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia.

SUMMARY

1. A European Monitoring Centre on Racism and Xenophobia is established, with its seat in Vienna (see Decision of the Representatives of the Governments of the Member States of 2 June 1997, published in Official Journal C 194, 25.06.1997)

2. The Centre will study the extent and development of the phenomena and manifestations of racism, xenophobia and anti-Semitism, analyse their causes, consequences and effects and examine examples of good practice. To these ends, it will collect, record and analyse information communicated to it by research centres, Member States, Community institutions, non-governmental organisations and international organisations. It will also will set up and coordinate a European Racism and Xenophobia Information Network (known as "RAXEN").

3. To avoid duplication, the Centre will take account of activities already carried out by the Community institutions and other relevant international organisations, in particular the Council of Europe.

4. The Centre's efforts to collect information on racism and xenophobia will focus on the following areas:

• free movement of persons within the Community;
• media and other means of communication;
• education, vocational training and youth;
• social policy, including employment;
• free movement of goods;
• culture.

5. The Centre will have legal personality. It will cooperate with organisations in the Member States or international, governmental or non-governmental organisations competent in the field of racist and xenophobic phenomena. It will coordinate its activities with those of the Council of Europe, under the terms of an agreement between the latter and the Community. Data forwarded to the Centre may be used only for the stated purpose and under the conditions prescribed by the forwarding authority. It will be afforded a level of protection equivalent to that resulting from Directive 95/46/EC. The Member States are under no obligation to supply information classified as confidential under national legislation.

6. The Centre's Management Board will consist of one independent person appointed by each Member State, together with one independent person appointed by the European Parliament, another independent person appointed by the Council of Europe, and a representative of the Commission. The Management Board will determine the annual programme of activities, the annual draft and final budgets of the Centre, adopt the annual report on the situation regarding racism and xenophobia within the Community, the annual report on the activities of the Centre and conclusions and recommendations.

7. The Executive Board, a supervisory body, will monitor the work of the Centre. It will 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.

8. The Management Board, on a proposal from the Commission, will appoint a Director responsible for performance of the tasks of the Centre. He will be the Centre's legal representative.

9. The staff of the Centre will be subject to the Regulations and rules applicable to officials and other servants of the European Communities.

10. The Centre's budget is covered by a subsidy from the Community (budget heading), payments received for services rendered by the Centre and any financial contributions from the organisations with which the Centre cooperates and any voluntary contribution from the Member States. As part of its activities, the Centre may bear operating costs, administrative costs and costs related to infrastructure, staff salaries and expenditure relating to contracts concluded with institutions or bodies party to the Raxen network and with third parties.

11. During the third year following the entry into force of the Regulation, the Commission will 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.

12. This Regulation was repealed on 1 March 2007 by Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights.

RELATED ACTS

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the Activities of the European Monitoring Centre on Racism and Xenophobia, together with proposals to recast Council Regulation (EC) 1035/97 [COM (2003) 483 final - Not published in the Official Journal].

This Communication was the response to the findings of the external evaluation of the Monitoring Centre carried out by the Centre for Strategy and Evaluation Services. The aim of the external evaluation was to provide an independent view of the efficiency of the Centre in relation to the Regulation from the time when it was established to the end of 2001. While considerable progress had been made in terms of the objectivity and reliability of data, the objective of comparability of the situations in the various Member States had not yet been achieved to any substantial degree. The national data supplied was inadequate and did not make it possible to draw conclusions on the effectiveness of the various policies and practices used to combat racism.

The external evaluators found that financial and personnel management was adequate. The Commission felt that the external evaluation was a useful examination of the performance of the Monitoring Centre and that a number of points still remained to be studied. It recognised that the Monitoring Centre has made considerable progress in relation to human resources and adequate facilities. However, it should concentrate more on its role as a body responsible for collecting data and improving quality and value.

Since the fight against racism was a shared responsibility and the success of the Monitoring Centre with regard to comparability required very close cooperation with the authorities of the Member States, the Commission proposed recasting Council Regulation (EC) No 1035/1997. In 2004, it withdrew its proposal to recast.

Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the activities of the European Monitoring Centre on Racism and Xenophobia [COM(2000) 625 final - Not published in the Official Journal].

In this report, the Commission gives the background to the setting up of the Monitoring Centre and its legal framework. It describes in detail the human and budgetary resources available to the Monitoring Centre, outlines its programme of activities and presents its initial achievements.

Council Decision of 21 December 1998 relating to the conclusion of an Agreement between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) 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 [Official Journal L 44, of 18.02.1999]

The agreement provides for regular contacts between the Director of the European Monitoring Centre and the General Secretariat of the Council of Europe, in particular the Secretariat of the European Commission against Racism and Intolerance (ECRI).

The European Monitoring Centre and the ECRI will provide each other with information and data collected in the course of their activities, excluding confidential data. They will also ensure the widest possible dissemination of the results of their respective activities, on a reciprocal basis.

The Centre and the ECRI will also consult each other in order to coordinate their activities and ensure that their programmes complement each other. They may conduct joint and/or complementary activities on subjects of common interest.

The accord was signed in Strasbourg on 12 February 1999.

Agreement between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) 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[Official Journal L 04 of 18.02.1999].

Last updated: 08.06.2007