(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 Article 12(2) and point (a) of Article 82(3) of the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (3), the Director of the Agency, by way of exception, may authorise the engagement of nationals of Serbia enjoying their full rights as citizens,

1.

The financial contribution to be paid by Serbia to the general budget of the European Union to participate in the European Union Agency for Fundamental Rights (the ‘Agency’), as laid down in point 2, represents the full cost of its participation therein for the first three years. As of year four, the amounts will be determined in accordance with point 6.

2.

The financial contribution to be paid by Serbia to the general budget of the Union for the first three years shall be as follows:

3.

The possible financial support from Union assistance programmes will be agreed separately in accordance with the relevant Union programme.

4.

The contribution of Serbia will be managed in accordance with the Financial Regulation (1) applicable to the general budget of the Union.

5.

Travel costs and subsistence costs incurred by representatives and experts of Serbia for the purposes of taking part in the Agency's work or in meetings related to the implemention of the Agency's work programme shall be reimbursed by the Agency on the same basis as, and in accordance with the procedures currently in force, for the Member States of the Union.

6.

After the entry into force of this Decision and at the beginning of each following year, the Commission will send to Serbia a call for funds corresponding to its contribution to the Agency under this Decision. For the first calendar year of its participation, Serbia will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. For the following years, the contribution will be in accordance with the table under point 2 of this Annex. As from year four, the contribution will be adapted in the light of any increase or decrease of the Agency's subsidy in order to maintain the analogy between the contribution for Serbia and the Agency's budget for the EU-28. The contribution may also be reviewed in the following financial years on the basis of the latest statistical data published by the Statistical Office of the European Union (Eurostat).

7.

This contribution shall be expressed in EUR and paid into a EUR bank account of the Commission.

8.

Serbia will pay its contribution according to the call for funds for its own part within 30 days after the call for funds is sent by the Commission.

9.

Any delay in the payment of the contribution shall give rise to the payment of interest by Serbia on the outstanding amount as from the due date. The interest rate corresponds to the rate applied by the European Central Bank on the due date for its operations in EUR, increased by 1,5 percentage points.