CM(97)113 - European Monitoring Centre on Racism and Xenophobia

Committee of Ministers

Strasbourg, 1st July 1997

Restricted
CM(97)113

For consideration at the 598th
meeting of the Ministers' Deputies

(1-3 July 1997, A level, item 4.7)

EUROPEAN MONITORING CENTRE ON
RACISM AND XENOPHOBIA

MODALITIES OF CO-OPERATION BETWEEN THE EUROPEAN MONITORING CENTRE ON RACISM AND XENOPHOBIA AND THE COUNCIL OF EUROPE

EUROPEAN COMMISSION

TRANSLATION

Brussels,
D(97) MW/mgv

The Secretary General of the Council of Europe,
Council of Europe,
Avenue de l'Europe,
F - 67000 Strasbourg

Dear Sir,

As you know, on 2 June 1997 the Council of the European Union adopted the regulation setting up a European Monitoring Centre on Racism and Xenophobia.

In view of the Council of Europe's experience in combating racism and xenophobia, Article 7(3) of the regulation provides that, in accordance with the procedure laid down in Article 228 of the EC Treaty, the Community conclude an agreement with the Council of Europe on close co-operation between the Council of Europe and the monitoring centre and appointing a prominent figure to the centre's Management Board.

The Council has accordingly authorised the Commission to begin negotiations with the Council of Europe on the basis of instructions. Initial contact between your services and mine has enabled my department to draw up a draft agreement, of which I append a copy.

I am pleased to invite Council of Europe representatives to a meeting in Brussels to discuss the text of the agreement on the basis of this draft. The meeting could be held on 2, 10, 15 or 16 July 1997.

Please let Ms Annette Bosscher (tel.295 10 52 - fax.295 18 99) know which dates suit you best and the names of the officials who will be attending the meeting.

Yours faithfully,

(signed)

Allan LARSSON

UNOFFICIAL TRANSLATION

     Draft agreement between the European Community and
    the Council of Europe on the establishment,
    in accordance with Article 7(3) of
     Council Regulation (EC) No.1035/97 of 2 June 1997
    setting up a Monitoring Centre on Racism and Xenophobia,
    of close co-operation between the Centre
    and the Council of Europe

[The European Monitoring Centre on Racism and Xenophobia = the Centre.]

[The European Commission against Racism and Intolerance = ECRI.]

I. Exchange of information and data

1. Regular contacts shall be established at the appropriate level between the General Secretariat of the Council of Europe, in particular the Secretariat of the ECRI, and the Director of the Monitoring Centre.

2. The ECRI and the Monitoring Centre shall provide each other with information and data collected in the course of their activities. This does not extend to confidential data and activities produced or undertaken by the two bodies.

3. Information and data provided to each other may be used by the ECRI and the Monitoring Centre in the course of their respective activities.

4. The ECRI and the Monitoring Centre shall ensure, on a reciprocal basis, the widest possible dissemination of the results of their respective activities.

5. The ECRI and the Monitoring Centre shall ensure regular exchanges of information concerning activities proposed, under way or completed.

II. Co-operation

6. Consultations shall be held between the ECRI and the Centre to co-ordinate their activities and in particular draw up the Centre's work programme. The purpose of the consultations shall be to ensure that the ECRI's and the Centre's programmes complement each other and to avert as far as possible duplication of effort in the two bodies' work.

In this connection it is agreed that, as a general rule, the two bodies shall not separately conduct research in the same field or on the same countries.

7. Further, on the basis of such consultation, the ECRI and the Centre may agree to conduct joint and/or complementary activities on subjects of common interest.

In this connection they may agree that research in a particular field be conducted by the Centre on behalf of the countries of the Community and by the ECRI on behalf of the other Council of Europe member countries.

III. Appointment by the Council of Europe of a prominent figure to serve on the Centre's Management Board

8. After consultation between the Commission and the Secretariat of the Council of Europe, the Secretary General of the Council of Europe shall appoint a prominent figure from among the members of the ECRI to serve on the Centre's Management Board, together with a substitute.

9. In accordance with Article 8(2) of Regulation No.1035/97, the person appointed by the Council of Europe or, as the case may be, his or her substitute, shall be entitled to vote. However, that person shall not take part in votes on the Centre's draft budget and final annual budget or on giving a discharge to the director in respect of execution of the budget.

APPENDIX 2

(item 4.1)

Arrangements for co-operation between
the European Monitoring Centre on Racism and Xenophobia
and the Council of Europe

[The European Monitoring Centre on Racism and Xenophobia = the Monitoring Centre

The European Commission against Racism and Intolerance = ECRI]

I. Exchange of information and data

1. Regular contacts shall be established between the General Secretariat of the Council of Europe, in particular the Secretariat [the Secretary] of the ECRI, and the staff [the Director] of the Monitoring Centre.

3. Information and data provided to each other may be used by the ECRI and the Monitoring Centre in the course of their respective activities.

4. The ECRI and the Monitoring Centre shall ensure, on a reciprocal basis, the widest possible dissemination of the results of their respective activities through their own specific networks.

II. Co-operation

5. There shall be regular consultations between the ECRI and the Monitoring Centre, particularly concerning the preparation of the Monitoring Centre's work programme. The purpose of these consultations is to ensure that the two programmes complement each other.

6. Furthermore, on the basis of these consultations, the ECRI and the Monitoring Centre may agree to undertake joint activities according to arrangements to be decided.

7. As appropriate, the ECRI may use the services of the Monitoring Centre according to arrangements to be decided.

III. Individual appointed by the Council of Europe to the Monitoring Centre's Management Board

8. The Secretary General of the Council of Europe shall appoint one of the members of the ECRI as a full member of the Monitoring Centre's Management Board and another as his/her deputy.

ORIGINAL