Discussing the relationship between the EU Network of Independent Expertson Fundamental Rights and the forthcoming Fundamental Rights Agency, the Working Document of 25 March 2004 on the proposal for a Council Regulation on the European Monitoring Centre on Racism and Xenophobia (Recast version) prepared with the European Parliament’s Committee on Citizens’ Freedomsand Rights, Justice and Home Affairs (rapp. J. Swiebel) concluded: “Itisimpor tanttostr esstha t theanal ytical, evaluative and advisory functions of the Experts’ Network continue to befulfilled in an independent way. This should not prevent close links between the Human Rights Agency and the Experts’ Network being established.” This paper is an up dated version of the presentations given by the authors at the ERA conference “European Fundamental Rights Agency”, 12–13 June in Trier. The paper was finalised just before consensus was reached by the JHA Council at its Brussels meeting of 4 and 5 December 2006 that not with standing the “pending… examination of the Eur opean Parliament’sopinion” the Agency should beest a blished and functioning as from early 2007 on (Council press release 15801/06, 2768th Council meeting, p. 10).