REPORT on the proposal 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

18.9.2006 - (COM(2005)0280 – C6-0289/2005 – 2005/0125(CNS)) - *

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Magda Kósáné Kovács

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal 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 – C6-0289/2005 – 2005/0125(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal (COM(2005)0280)[1],

–   having regard to Article 34(2)(c) of the EU Treaty,

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0289/2005),

–   having regard to Rules 93 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0282/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission	Amendments by Parliament
Amendment 1 Recital 2 a (new)
	(2a) In accordance with Article 11 of the EU Treaty, the Union shall 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.

• [1]  Not yet published in OJ

EXPLANATORY STATEMENT

The effective protection and promotion of fundamental rights are the basis of democracy and the essential conditions for the consolidation of the area of freedom, security and justice by the European Union.

Providing a guarantee for the principles set out in the Article 6 and 7 of the Treaty on European Union and the Charter of Fundamental Rights and improving the current situation of human rights the European Union needs an body which is able to support the activities of the institutions and i.a. the European Ombudsman, the European Data Protection Supervisor, and the Court of Justice of the European Community.

The Fundamental Rights Agency could be a proper body providing a regular overview on the enforcement of human rights during the implementation of the European law and policies and to provide all the information required to develop the Union's legislative activity.

Therefore the Agency must have a strong mandate and a special position among EU agencies. If the Agency has the independence, it will have the credibility, as a precondition for proper interaction between it and the European institutions and the Member States. The position of the Agency should be strengthened by a clear agreement between the Council of Europe and the European Community, both to avoid duplication and to give the Agency all necessary input and to ensure its effectiveness.

The Agency also needs the extended competence provided by this Council decision to have a wider scope on the activities of the European Union. However, empowering the Agency to pursue its activity in areas of Title VI of the Treaty on the European Union is not sufficient.

Recent experiences concerning i.a. the CIA flights in Europe show that the European Union needs to have full scale support in protecting and promoting fundamental rights. Therefore it is reasonable to have all the information on fundamental rights provided by an independent body, on which the EU institutions can base their activities and develop their policies.

The scope of the Agency needs to be completed with the activities in the area of Title V (Common Foreign and Security Policy) of the Treaty on the European Union so that it can support all the relevant policies of the EU.

It will provide the legal basis enabling the Agency to collect data on third countries when the implementation of the EU policies is at stake.

Empowering the Agency to pursue its activities in areas referred to in Title V and VI of the Treaty on European Union will provide a greater transparency on these fields, which might enhance the democratic functioning of the institutions and might strengthen the trust of the citizens of the European Union.

The transparency shall make the people of the European Union aware of the fundamental rights they enjoy and improve a culture of fundamental rights within the EU, which can then be successfully promoted beyond the borders of the Union as one of its basic values.

PROCEDURE

Title	Proposal 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
References	COM(2005)0280 - C6-0289/2005 - 2005/0125(CNS)
Date of consulting Parliament	22.9.2005
Committee responsible   Date announced in plenary	LIBE 29.9.2005
Committee(s) asked for opinion(s)   Date announced in plenary
Not delivering opinion(s)   Date of decision
Enhanced cooperation   Date announced in plenary
Rapporteur(s)   Date appointed	Magda Kósáné Kovács 14.9.2005
Previous rapporteur(s)
Simplified procedure – date of decision
Legal basis disputed   Date of JURI opinion
Financial endowment amended   Date of BUDG opinion
Parliament to consult European Economic and Social Committee – date decided in plenary
Parliament to consult Committee of the Regions – date decided in plenary
Discussed in committee	4.10.2005 4.5.2006		24.1.2006 1.6.2006	22.2.2006	23.3.2006
Date adopted	13.9.2006
Result of final vote	+: –: 0:	30 6 1
Members present for the final vote	Alexander Alvaro, Alfredo Antoniozzi, Mihael Brejc, Michael Cashman, Charlotte Cederschiöld, Carlos Coelho, Fausto Correia, Panayiotis Demetriou, Agustín Díaz de Mera García Consuegra, Kinga Gál, Patrick Gaubert, Lilli Gruber, Timothy Kirkhope, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Stavros Lambrinidis, Henrik Lax, Sarah Ludford, Jaime Mayor Oreja, Claude Moraes, Lapo Pistelli, Martine Roure, Ioannis Varvitsiotis, Stefano Zappalà, Tatjana Ždanoka
Substitute(s) present for the final vote	Marco Cappato, Bárbara Dührkop Dührkop, Maria da Assunção Esteves, Anne Ferreira, Ignasi Guardans Cambó, Sophia in 't Veld, Hubert Pirker, Antonio Tajani, Kyriacos Triantaphyllides,
Substitute(s) under Rule 178(2) present for the final vote	Thomas Wise
Date tabled	18.9.2006
Comments (available in one language only)	...