Regulation 2003/58 - Statute for executive agencies to be entrusted with certain tasks in the management of Community programmes

1.

Summary of Legislation

The EU's executive agencies

SUMMARY OF:

Regulation (EC) No 58/2003 - EU executive agencies

SUMMARY

WHAT DOES THIS REGULATION DO?

It lays down the statute of the executive agencies which have been charged with managing EU programmes. In particular, it governs certain essential aspects concerning their

 

structure,

 

tasks,

 

operation,

 

budget system,

 

staff,

 

supervision and

 

responsibility.

KEY POINTS

The European Commission has delegated responsibility for the implementation of some EU programmes to third-party bodies known as ‘executive agencies’ . There are 6 executive agencies:

 

Consumers, Health, Agriculture and Food Executive Agency (CHAFEA)

 

Education, Audiovisual and Culture Executive Agency (EACEA)

 

European Research Council Executive Agency (ERCEA)

 

Executive Agency for Small and Medium-sized enterprises (EASME)

 

Innovation & Networks Executive Agency (INEA)

 

Research Executive Agency (REA)

Setting up an executive agency

The Commission decides whether to establish an executive agency, extend its period of operation or wind it up on the basis of a cost-benefit analysis. The cost-benefit analysis takes account of several factors, including:

 

identification of the tasks justifying outsourcing

 

an assessment of benefits and costs, including human resources

 

efficiency and flexibility in implementation

 

simplification of the procedures used

 

proximity of the activities to the final beneficiaries.

If the Commission finds that an agency is no longer necessary or that it no longer complies with the principles of sound financial management, it will decide to wind that agency up.

Tasks

Executive agencies may be responsible for:

 

managing all the phases of projects

 

adopting budget implementation measures and awarding contracts and grants

 

gathering, analysing and passing on to the Commission all the information needed to implement the programmes.

They may not perform tasks that may involve making political choices.

In the official instrument of delegation, the Commission identifies the terms, criteria, parameters and procedures with which executive agencies must comply.

Structure

Executive agencies are managed by a steering committee and a director.

 

The steering committee is made up of 5 members appointed by the Commission for 2 years (renewable). It draws up the annual work programme, adopts the operating budget and the annual activity report and implements measures to combat fraud and irregularities.

 

The director is appointed by the Commission for 4 years (renewable) and is an EU civil servant.

 

Their staff consists of EU civil servants temporarily re-assigned, as well as contract staff recruited by the agency.

Supervision

Executive agencies are supervised by:

 

the Commission, in particular its internal auditor;

 

the European Anti-Fraud Office (OLAF);

 

the Court of Auditors.

An external evaluation report is drawn up by the Commission every 3 years and submitted to each executive agency's steering committee, the European Parliament, the Council and the European Court of Auditors.

BACKGROUND

Agencies and other EU bodies

ACT

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 (OJ L 11, 16.1.2003, pp. 1–8)

last update 25.11.2015

This summary has been adopted from EUR-Lex.

2.

Legislative text

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