Procedure : 2016/0204(APP)
Document stages in plenary
Document selected : A8-0177/2017

Texts tabled :

A8-0177/2017

Debates :

PV 31/05/2017 - 18
CRE 31/05/2017 - 18

Votes :

PV 01/06/2017 - 7.7
PV 01/06/2017 - 7.8
Explanations of votes

Texts adopted :

P8_TA(2017)0238

RECOMMENDATION     ***
PDF 387kWORD 61k
3.5.2017
PE 601.223v02-00 A8-0177/2017

on the draft Council decision establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for 2018–2022

(14423/2016 – C8‑0528/2016 – 2016/0204(APP))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Angelika Mlinar

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council decision establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for 2018–2022

(14423/2016 – C8‑0528/2016 – 2016/0204(APP))

(Special legislative procedure – consent)

The European Parliament,

–  having regard to the draft Council decision (14423/2016),

–  having regard to the request for consent submitted by the Council in accordance with Article 352 of the Treaty on the Functioning of the European Union (C8‑0528/2016),

–  having regard to Rule 99(1) and (4) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0177/2017),

1.  Gives its consent to the draft Council decision;

2.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.


EXPLANATORY STATEMENT

On 15 February 2007, the Council adopted Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (FRA). The objective of the Agency is to provide the relevant institutions, bodies, 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. The tasks entrusted to the Agency relate to the collection and analysis of information and data; to the provision of advice through reports and opinions; and to cooperation with civil society and raising awareness of fundamental rights.

Multiannual Framework

The thematic areas of activity of the Agency is determined through a five-year Multiannual Framework (MAF). The Agency carries out its tasks within the thematic areas set out in that MAF. The Agency's work programmes are adopted each year by its Management Board within the thematic areas determined by the MAF and after the Commission has delivered an opinion. Following requests from the European Parliament, the Council or the Commission under Article 4(1)(c) and (d) of the Regulation, the Agency can work outside these thematic areas, provided its financial and human resources so permit.

The current MAF (2013-2017) expires at the end of 2017.

On 5 July 2016 the Commission submitted to the Council a proposal for a Council decision establishing a MAF for the European Union Agency for Fundamental Rights for 2018-2022.

The Council decided on 19 December 2016 to request the European Parliament to give its consent to the draft Council decision.

Thematic areas

According to Art. 5(1) of the founding regulation, the Commission shall consult the Management Board (MB) of the FRA when proposing a new MAF.

The MB’s recommendations for revising the current MAF were based on the agency’s institutional experience since its inception in 2007, including the evidence resulting from requests and assessments received from stakeholders, the execution of FRA projects and the results and impacts achieved. A targeted online stakeholder consultation was carried out in September 2015.

The thematic areas identified by the MB correspond to the thematic areas proposed by the Commission for the MAF for the years 2018-2022.

•  access to justice and victims of crime;

•  equality and non-discrimination;

•  information society and, in particular, respect for private life and protection of personal data;

•  judicial and police cooperation;

•  migration, borders, asylum and integration of refugees and migrants;

•  racism, xenophobia and related intolerance;

•  rights of the child;

•  Roma integration and social inclusion.

The Council in its draft decision has proposed the following thematic areas:

•  victims of crime and access to justice;

•  equality and discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, or on the grounds of nationality;

•  information society and, in particular, respect for private life and protection of personal data;

•  judicial cooperation, except in criminal matters;

•  migration, borders, asylum and integration of refugees and migrants;

•  racism, xenophobia and related intolerance;

•  rights of the child;

•  integration and social inclusion of Roma.

The Rapporteur considers it very important that within the thematic area of integration and social inclusion of Roma the Agency will bear the focus of anti-Gypsyism, (racism directed towards Roma and the root cause of discrimination and marginalisation).

The Rapporteur deeply regrets the lack of agreement in the Council as regards the inclusion of the thematic areas of police cooperation and judicial cooperation in criminal matters in the new MAF.

Including the area of police and judicial cooperation in the MAF would not only reflect the needs on the ground, but also allow the Agency to provide comprehensive analysis on its own initiative in areas that are of obvious relevance to fundamental rights.

It would also send a signal that EU cares about fundamental rights aspects of police and judicial cooperation, including in criminal matters, something that is wished for, and expected by both citizens and the human rights community as shown in the stakeholders consultation conducted by the Agency.

In the absence of a new MAF by the beginning of 2018, the Agency could only work if there is a specific request from an institution and not on its own initiative.

The Rapporteur considers that one of the fundamental aspects of the work of the agency is to provide advice relating to the respect of the fundamental right in the domain of the Union law and that requires that the activities of the agency should not suffer interruption.

Therefore, the rapporteur will recommend that the parliament give its consent if both Commission and Council state their engagement to carefully consider to amend the FRA founding regulation in order to:

1.  Replace the reference to “European Community” in Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (“FRA’s establishing Regulation”) with a reference to “European Union” (in line with the Lisbon Treaty),

2.  Extend the scope of the FRA’s competence to include also the ‘ex-third pillar’ matters (“police cooperation”).

3.  Improve procedures for the governance and the functioning of the Agency.

The Council and the Commission have been invited to annex a declaration in this regard to the Council decision.


INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

Title

Multiannual Framework for the European Union Agency for Fundamental Rights for 2018-2022

References

14423/2016 – C8-0528/2016 – COM(2016)04422016/0204(APP)

Date of consultation / request for consent

20.12.2016

 

 

 

Committee responsible

       Date announced in plenary

LIBE

16.1.2017

 

 

 

Committees asked for opinions

       Date announced in plenary

AFET

16.1.2017

BUDG

16.1.2017

FEMM

16.1.2017

 

Not delivering opinions

       Date of decision

AFET

30.1.2017

BUDG

31.8.2016

FEMM

1.9.2016

 

Rapporteurs

       Date appointed

Angelika Mlinar

14.11.2016

 

 

 

Discussed in committee

31.1.2017

12.4.2017

25.4.2017

 

Date adopted

25.4.2017

 

 

 

Result of final vote

+:

–:

0:

47

4

0

Members present for the final vote

Jan Philipp Albrecht, Heinz K. Becker, Malin Björk, Michał Boni, Agustín Díaz de Mera García Consuegra, Cornelia Ernst, Tanja Fajon, Raymond Finch, Monika Flašíková Beňová, Nathalie Griesbeck, Sylvie Guillaume, Jussi Halla-aho, Filiz Hyusmenova, Sophia in ‘t Veld, Eva Joly, Dietmar Köster, Cécile Kashetu Kyenge, Marju Lauristin, Monica Macovei, Roberta Metsola, Alessandra Mussolini, József Nagy, Péter Niedermüller, Soraya Post, Birgit Sippel, Branislav Škripek, Csaba Sógor, Helga Stevens, Traian Ungureanu, Bodil Valero, Marie-Christine Vergiat, Udo Voigt, Josef Weidenholzer, Kristina Winberg, Tomáš Zdechovský, Auke Zijlstra

Substitutes present for the final vote

Pál Csáky, Maria Grapini, Jeroen Lenaers, Angelika Mlinar, Morten Helveg Petersen, Salvatore Domenico Pogliese, Emil Radev, Barbara Spinelli, Axel Voss

Substitutes under Rule 200(2) present for the final vote

Karoline Graswander-Hainz, Stefano Maullu, Momchil Nekov, Dariusz Rosati, Marco Valli, Julie Ward

Date tabled

2.5.2017


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

47

+

ALDE

Nathalie Griesbeck, Filiz Hyusmenova, Angelika Mlinar, Morten Helveg Petersen, Sophia in 't Veld

ECR

Jussi Halla-aho, Monica Macovei, Helga Stevens, Branislav Škripek

EFDD

Marco Valli

GUE/NGL

Malin Björk, Cornelia Ernst, Barbara Spinelli, Marie-Christine Vergiat

PPE

Heinz K. Becker, Michał Boni, Pál Csáky, Agustín Díaz de Mera García Consuegra, Jeroen Lenaers, Stefano Maullu, Roberta Metsola, Alessandra Mussolini, József Nagy, Salvatore Domenico Pogliese, Emil Radev, Dariusz Rosati, Csaba Sógor, Traian Ungureanu, Axel Voss, Tomáš Zdechovský

S&D

Tanja Fajon, Monika Flašíková Beňová, Maria Grapini, Karoline Graswander-Hainz, Sylvie Guillaume, Cécile Kashetu Kyenge, Dietmar Köster, Marju Lauristin, Momchil Nekov, Péter Niedermüller, Soraya Post, Birgit Sippel, Julie Ward, Josef Weidenholzer

Verts/ALE

Jan Philipp Albrecht, Eva Joly, Bodil Valero

4

-

EFDD

Raymond Finch, Kristina Winberg

ENF

Auke Zijlstra

NI

Udo Voigt

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Legal notice