Ukraine to Join EU Human Rights Agency as Observer

What the document is about
The European Union is preparing a Council Decision that will give Ukraine the right to observe the work of the European Union Agency for Fundamental Rights (FRA). The decision will set out how Ukraine can participate, what it will pay, and what staff and legal arrangements are needed.

How the problem is solved

• Ukraine is allowed to send an observer and an alternate observer to the FRA’s Management Board.
• Ukraine will appoint a National Liaison Officer.
• The FRA will be able to carry out its fundamental‑rights work in Ukraine.
• Ukraine will pay a yearly contribution to the FRA’s budget:
• Year 1: €367 000
• Year 2: €375 000
• Year 3: €383 000
• Because of the war, Ukraine’s contribution is suspended from 1 January 2021. The suspension is reviewed each year; if the situation improves, the EU may lift it and Ukraine will then pay the amounts above.
• Ukraine will receive the same privileges and immunities as EU member states for FRA staff and activities in Ukraine.
• Data produced by the FRA will be published, with confidentiality protected as in the EU.

What changes as a result of this document

• Ukraine gains observer status in the FRA and can influence its work on fundamental rights.
• Ukraine will have to appoint qualified observers and a liaison officer.
• Ukraine will pay the specified contributions once the suspension is lifted.
• FRA staff and operations in Ukraine will enjoy EU privileges and immunities.
• The decision will become effective one month after it is adopted.

Other important information

• The decision is based on Article 352 TFEU (policy area) and Article 218(9) TFEU (procedural basis).
• It follows the 2017 EU‑Ukraine Association Agreement, which allows Ukraine to participate in EU agencies.
• The FRA’s financial contribution is managed under the EU’s Financial Regulation.
• Travel and subsistence costs for Ukrainian representatives are reimbursed by the FRA on the same basis as for EU member states.
• Late payments of the contribution will incur interest at the ECB refinancing rate plus 1.5 percentage points.
• The decision will be adopted by the EU‑Ukraine Association Council, either in a meeting or by written procedure, and will enter into force on the first day of the second month after adoption.