Council Decision (EU) 2018/13 of 18 December 2017 on the position to be adopted on behalf of the European Union within the EU-Serbia Stabilisation and Association Council on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007

• Published date: 09 January 2018
• Official Gazette Publication: Gazzetta ufficiale dell'Unione europea, L 4, 9 gennaio 2018,Journal officiel de l'Union européenne, L 4, 9 janvier 2018,Diario Oficial de la Unión Europea, L 4, 9 de enero de 2018

9.1.2018 EN Official Journal of the European Union L 4/5

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COUNCIL DECISION (EU) 2018/13

of 18 December 2017

on the position to be adopted on behalf of the European Union within the EU-Serbia Stabilisation and Association Council on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’.

(2) Council Regulation (EC) No 168/2007 (1) provides that the European Union Agency for Fundamental Rights (the ‘Agency’) is to be open to the participation of candidate countries as observers.

(3) Serbia shares the aims and objectives of the Agency and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007.

(4) Serbia's ultimate objective is to become a member of the Union, and its participation in the Agency will help it to achieve that objective,

HAS ADOPTED THIS DECISION:

Sole Article

The position to be adopted on behalf of the European Union within the EU-Serbia Stabilisation and Association Council on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007, shall be based on the draft Decision of the EU-Serbia Stabilisation and Association Council attached to this Decision.

Done at Brussels, 18 December 2017.

For the Council

The President

K. SIMSON

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(1) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).

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DRAFT

DECISION No …/2016 OF THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL

of …

on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Council Regulation (EC) No 168/2007

THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (1),

Having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (2), and in particular Article 28 thereof,

Whereas:

(1) The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’.

(2) Serbia shares the aims and objectives of the European Union Agency for Fundamental Rights (the ‘Agency’) and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007.

(3) It is appropriate that the Agency should deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Serbia to the extent necessary for its gradual alignment with Union law.

(4) Serbia should therefore be allowed to participate as an observer in the Agency's work and the modalities of such participation should be defined, including provisions relating to the participation in initiatives undertaken by the Agency, to the financial contribution and to staff.

(5) In accordance with point (a) of

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