# Commission Implementing Decision of 17 December 2013 establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC (2013/770/EU), Introduction: Introductory text

Extent: E+W+S+N.I.

Commission Implementing Decision
of 17 December 2013
establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC
(2013/770/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes, and in particular Article 3 thereof,
Whereas:
(1)
Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility.
(2)
The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3)
The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4)
By Decision 2004/858/EC, the Commission created the Executive Agency for the Public Health Programme (hereinafter referred to as the Agency) and entrusted it with the management of the programme of Community action in the field of public health for the period from 1 January 2003 until 31 December 2008, adopted by Decision No 1786/2002/EC of the European Parliament and of the Council.
(5)
Subsequently, the Commission amended the Agency’s mandate on several occasions, extending it to cover the management of new projects and programmes. Commission Decision 2008/544/EC transformed the ‘Executive Agency for the Public Health Programme’ into the ‘Executive Agency for Health and Consumers’, extended its mandate until 31 December 2015 and included in it the implementation of the Public Health Programme 2008-2013 adopted by Decision No 1350/2007/EC of the European Parliament and of the Council, the Consumer Programme for 2007-2013 as adopted by Decision No 1926/2006/EC of the European Parliament and of the Council and the food safety training measures covered by Council Directive 2000/29/EC and Regulation (EC) No 882/2004 of the European Parliament and of the Council. Commission Implementing Decision 2012/740/EU extended the scope of the Agency’s activities to training measures outside the Member States and entrusted it with managing the food safety training measures covered by Commission Decision C(2012) 1548, and by Article 22(1) and (3) of Regulation (EC) No 1905/2006 of the European Parliament and of the Council. It also entrusted the Agency with managing the agreement with ANEC, the European consumer voice in standardisation, which is governed by Regulation (EU) No 1025/2012 of the European Parliament and of the Council.
(6)
The Agency set up by Decision 2004/858/EC has demonstrated its effectiveness and efficiency. An interim evaluation of the Public Health Executive Agency (known as the Executive Agency for Health and Consumers since July 2008) has been carried out by external consultants. The final report of December 2010 has shown that public health programme implementation tasks could be performed more efficiently by the Agency, whilst ensuring the overall management by the Commission of those Community programmes and measures.
(7)
In its Communication of 29 June 2011‘A budget for Europe 2020’, the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the next multiannual financial framework.
(8)
The cost-benefit analysis carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 has shown that entrusting the Agency with programme implementation tasks related to the Consumer Programme, the Public Health Programme and the food safety training measures would entail significant qualitative and quantitative benefits compared with the in-house scenario under which all aspects of the new programmes would be managed internally within the Commission. The three successor programmes are in line with the mandate and mission of the Agency and represent a continuation of the Agency’s activities. The Agency has built up competence, skills and capacity in the management of those programmes over several years. The Commission as well as the programme beneficiaries would therefore benefit from the Agency’s accumulated experience and expertise and resultant productivity gains, in particular a high quality programme management, a simplification of procedures and a better service delivery in terms of faster contracting and quicker payments. Overtime the Agency has developed effective channels for ensuring beneficiary proximity and a high level of visibility of the Union as the promoter of the programmes concerned. The delegation of programme management to the Agency would ensure business continuity for the currently delegated programmes’ beneficiaries and all stakeholders. A shift to an in-house arrangement would thus be disruptive. Delegation of programme management to the Agency is estimated to deliver efficiency gains of EUR 14 million over the period of years 2014 to 2024 as compared to the in-house scenario.
(9)
In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy area in establishing their new mandates.
(10)
Management of the Public Health Programme for the years 2008 to 2013 adopted by Decision No 1350/2007/EC, the Consumer Programme for the years 2007 to 2013 adopted by Decision 1926/2006/EC, the food safety training measures covered by Directive 2000/29/EC, Regulation (EC) No 882/2004, Regulation (EC) No 1905/2006 and Decision C(2012) 1548 and the management of the agreement with ANEC governed by Regulation (EU) No 1025/2012, all of which are currently implemented by the agency, as well as the management of the Consumer Programme for the years 2014 to 2020, the Public Health Programme for the years 2014 to 2020 and the food safety training measures covered by Regulation (EC) No 882/2004 and Directive 2000/29/EC involve implementation of technical projects which do not entail political decision-making and require a high level of technical and financial expertise throughout the project cycle.
(11)
The Agency should be responsible for the provision of administrative and logistical support services in particular where centralisation of those support services would result in additional cost-efficiency gains and economies of scale.
(12)
In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(13)
The Consumers, Health and Food Executive Agency should be established. It should replace and succeed the executive agency established by Decision 2004/858/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(14)
Decision 2004/858/EC should therefore be repealed and transitional provisions should be set out.
(15)
The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
HAS ADOPTED THIS DECISION:

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Source: https://www.legislation.gov.uk/eudn/2013/770/introduction (the official version)
Page: https://openlegislation.uk/eu-decision-2013-770/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.