Edastame Komisjoni peadirektorite kirja ministritele (Charter of Fundamental Rights)

Rue Guimard 11/13 1040 Brussels Tel: +32 2 227 39 10 [email protected] https://eu.mfa.ee

Keit Pentus-Rosimannus

Rahandusminister

Signe Riisalo

Sotsiaalkaitseminister

Maris Lauri

Justiitsminister

Kristian Jaani

Siseminister

Urmas Kruuse

Maaeluminister

18.02.2022 nr 10.2-12.F/186-1

Austatud ministrid

Edastame teile Euroopa Komisjoni peadirektorite Joost Korte, Charlina Vitcheva, Marc

Lemaitre ja Monique Pariat’i 17.02.2022 ühise kirja nr Ares (2022) 1199345, 705557

(horizontal enabling condition on the effective application and implementation of the Charter

of Fundamental Rights).

Lugupidamisega

Marten Kokk Esinduse asejuht Coreper I küsimustes

Lisa: kiri 3 lk Tiiu Noobel +32 2227 4337 [email protected]

Mr Sven Kirsipuu

Deputy Secretary-General

Ministry of Finance

Estonia

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION

DIRECTORATE-GENERAL FOR MARITIME AFFAIRS AND FISHERIES DIRECTORATE-GENERAL FOR REGIONAL AND URBAN POLICY

DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS

The Directors-General

Brussels EMPL.G.1/MR/cc (2022) 705557

Subject: Horizontal enabling condition on the effective application and

implementation of the Charter of Fundamental Rights

Dear Deputy Secretary-General,

Our discussions on the Partnership Agreements and programmes for 2021-2027 in the

framework of the EU Funds and instruments under shared management governed by the

Common Provisions Regulation (hereafter ‘CPR’)1 are in full swing.

Proclaimed 20 years ago2, the Charter of Fundamental Rights of the European Union

(hereafter ‘Charter’) sets out the personal, civil, political, economic and social rights that

everyone in the EU should enjoy in the context of the application of EU law.

Member States are bound by its provisions when they are implementing EU law3. This is

also reflected in the CPR, which stipulates that Member States and the Commission shall

ensure respect for fundamental rights and compliance with the Charter of Fundamental

Rights of the European Union in the implementation of the Funds.4

In addition, the CPR requires that Member States ensure, throughout the programming

period, the continuous fulfilment of the enabling conditions, including the horizontal

enabling condition on the “Effective application and implementation of the Charter of

1 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down

common provisions on the European Regional Development Fund, the European Social Fund Plus, the

Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund

and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security

Fund and the Instrument for Financial Support for Border Management and Visa Policy

2 Article 6(1) of the Treaty on the European Union

3 Article 51(1) of the Charter

4 Article 9(1) CPR

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Fundamental Rights.”5 This is a new enabling condition for the 2021-2027 programming

period, and as a result, our services have received numerous questions from Member

States, other EU institutions and the civil society on its application and interpretation.

The objective of this letter is to provide further details on how Member States can ensure

the fulfilment of this horizontal enabling condition.

The fulfilment of the enabling condition will be monitored throughout the entire

implementation process from the preparation of the programmes to their completion.

Failure to fulfil the requirement of a horizontal enabling condition will lead to non-

reimbursement by the Commission of the expenditure submitted by Member States (with

the exception of operations that contribute to the fulfilment of the corresponding enabling

condition).6

This horizontal enabling condition requires in the Commission’s view inter alia:

- Arrangements to ensure compliance of the programmes supported by the Funds

and their implementation, with the relevant provisions of the Charter. Member

States will need to demonstrate in their programmes that the arrangements are

effective in ensuring Charter compliance and will cover all stages of preparation

and implementation of programmes. Member States should also indicate the role

and tasks of the different authorities and bodies in relation to effectively ensuring

compliance of the programme with the Charter and explain how it is ensured that

these authorities and bodies have the relevant expertise.

- Reporting arrangements to the monitoring committee regarding cases of non-

compliance of operations supported by the Funds with the Charter and complaints

regarding the Charter submitted in accordance with the arrangements made

pursuant to Article 69(7) CPR. The managing authorities should clearly identify

who will provide the information to the monitoring committee, the frequency of

the reporting and the scope of information that will be reported.

To achieve this, Member States may consider the following:

- Develop an EU Charter checklist or other tools to help the relevant authorities and

bodies ensuring compliance with the Charter. The Guidance on ensuring the

respect for the Charter of Fundamental Rights of the European Union when

implementing the European Structural and Investment Funds (‘ESI Funds’)7 may

provide a good source of inspiration.

- Involve bodies which will provide assistance and expertise on fundamental rights

matters, such as National Human Rights Institutions, Equality bodies and civil

society organisations. This would help ensuring that proper expertise is provided

at all phases of programme implementation.

5 Annex III CPR

6 Article 15(5) CPR

7 Commission notice — Guidance on ensuring the respect for the Charter of Fundamental Rights of the

European Union when implementing the European Structural and Investment Funds (‘ESI Funds’):

EUR-Lex - 52016XC0723(01) - EN - EUR-Lex (europa.eu). This guidance is also relevant for HOME

Funds (AMIF, BMVI and ISF) even though those were not covered by the 2021-2020 CPR.

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The Commission will analyse the Member State’s self-assessment of the fulfilment of

this horizontal enabling condition. In this context, it will in particular assess whether the

mechanisms and arrangements put in place would be able to address any substantiated

potential risks that might jeopardise the ability of the Member State to effectively ensure

compliance with the Charter in the Funds’ management and implementation. To that end,

when conducting its own assessment, the Commission will also take due account of well-

substantiated complaints, infringement proceedings, rule of law reports, as well as

judicial decisions when those are directly linked to the management and implementation

of the CPR Funds or have a bearing on the Member State’s ability to ensure compliance

with the Charter in that area.

In the case where the enabling conditions are not fulfilled at the submission of the

programme, the Member State should take the necessary steps in order to ensure the

fulfilment as soon as possible.

Finally, the analysis by the Commission services of the Member States’ self-assessment

of the fulfilment of this (and other) horizontal enabling condition(s) is without prejudice

to any action by the Commission under other Union law instruments.

We encourage all Member States to proceed swiftly with their self-assessment of how

they comply with this horizontal enabling condition. Our services remain at your disposal

for assistance in the programming and any questions that you may have in this regard.

Yours faithfully,

Joost KORTE Charlina VITCHEVA

Marc LEMAITRE

Monique PARIAT

Monique PARIAT

Electronically signed on 16/02/2022 18:22 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482

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Tiiu Noobel

From: Elen Nurme Sent: Friday, 18 February 2022 10:12 To: Tiiu Noobel Subject: FW: Charter of Fundamental Rights Attachments: EE transmission letter EU Charter.pdf; EE - Signed by ML - EE letter on EU

Charter.pdf

Follow Up Flag: Follow up Flag Status: Flagged

From: Algis Kokka <[email protected]> Sent: Thursday, February 17, 2022 7:24 PM To: Andres Kuningas (Rahandusministeerum) <[email protected]>; Katri Seier <[email protected]>; Magnus Urb <[email protected]> Cc: Elen Nurme <[email protected]>; [email protected]; Julika Luts <[email protected]> Subject: Fwd: Letters to Ministers - Horizontal enabling condition on the effective application and implementation of the Charter of Fundamental Rights - Ares(2022)1199345 Tere, Edastan komisjoni kirja seoses MFFi ning ELi põhiõiguste hartaga. Tervitades Algis

---------- Forwarded message ----------

From: Marten Kokk <[email protected]> Date: 17 February 2022 at 19:04:13 CET Subject: Fwd: Letters to Ministers - Horizontal enabling condition on the effective application and implementation of the Charter of Fundamental Rights - Ares(2022)1199345 To: Algis Kokka <[email protected]> Välisministeerium | Marten Kokk | [email protected] ---------- Forwarded message ----------

From: EMPL G1 UNIT <[email protected]> Date: 17 February 2022 at 18:26:08 CET Subject: Letters to Ministers - Horizontal enabling condition on the effective application and implementation of the Charter of Fundamental Rights - Ares(2022)1199345 To: Marten Kokk <[email protected]> Your Excellency, Please find attached document Ares (1199345) from the 4 Directors Generals: Ms Pariat Monique (DG HOME)

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Ms Vitcheva Charlina (DG MARE) Mr Korte Joost (DG EMPL) Mr Lemaitre Marc (DG REGIO) Kind regards, The Secretariat European Commission Directorate-General for Employment, Social Affairs and Inclusion Unit G1 European Social Fund +

Välisministeerium | Marten Kokk | [email protected] ---------- Forwarded message ----------

From: EMPL G1 UNIT <[email protected]> Date: 17 February 2022 at 18:26:08 CET Subject: Letters to Ministers - Horizontal enabling condition on the effective application and implementation of the Charter of Fundamental Rights - Ares(2022)1199345 To: Marten Kokk <[email protected]> Your Excellency, Please find attached document Ares (1199345) from the 4 Directors Generals: Ms Pariat Monique (DG HOME) Ms Vitcheva Charlina (DG MARE) Mr Korte Joost (DG EMPL) Mr Lemaitre Marc (DG REGIO) Kind regards, The Secretariat European Commission Directorate-General for Employment, Social Affairs and Inclusion Unit G1 European Social Fund +