2004/20/EC: Commission Decision of 23 December 2003 setting up an executive agency, the "Intelligent Energy Executive Agency", to manage Community action in the field of energy in application of Council Regulation (EC) No 58/2003
Date: 2003-12-23
Institutions: European Commission
Subjects: EU office or agency, EU programme, energy policy, management

9.1.2004

EN

Official Journal of the European Union

L 5/85

COMMISSION DECISION

of 23 December 2003

setting up an executive agency, the ‘Intelligent Energy Executive Agency’, to manage Community
action in the field of energy in application of Council Regulation (EC) No 58/2003

(2004/20/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 Com-
munity programmes (1), and in particular Article 3(1) thereof,

Whereas:

framework of

In the
sustainable development
the
strategy, the European Union has taken measures aimed
at promoting and developing renewable energy and
energy efficiency in order to contribute in a balanced
way to achieving the following general objectives:
security of energy supply, competitiveness and environ-
mental protection.

These measures include Decision No 1230/2003/EC of
the European Parliament and of the Council of 26 June
2003 adopting a multiannual programme for action in
the field of energy: ‘Intelligent Energy — Europe’ (2003-
2006) (2), the areas of action of which are the develop-
ment of
energy and energy efficiency,
including in the transport sector, and their promotion in
developing countries.

renewable

Regulation (EC) No 58/2003 empowers the Commission
to set up executive agencies in accordance with the
general statute laid down by that Regulation and to
entrust them with certain management tasks relating to
one or more Community programmes.

(6)

(7)

(8)

(9)

The delegation to an executive agency of tasks related to
programme implementation is possible with a clear
separation between programming, establishing priorities
and evaluating the programme, which would be carried
out by the Commission, and project implementation,
which would be entrusted to the executive agency.

A cost-benefit analysis carried out for that purpose has
showed that certain management tasks, such as budget
implementation, technical and financial monitoring of
projects and the dissemination and use of results could
be carried out by an executive agency more efficiently
whilst ensuring the implementation by the Commission
of
the Intelligent Energy — Europe programme in
accordance with the Decision adopting the programme,
as well as the programme's work programme and the
guidelines adopted by the Commission with the assis-
tance of the Management Committee provided for in
Article 8 of the Decision.

The use of an executive agency would mean that the
new programme, which is significantly larger than its
predecessor, could be managed more efficiently.

The performance of the identified tasks by an executive
agency would allow the Commission to focus on stra-
tegic and regulatory questions, whilst increasing Com-
munity aid to multinational actions in the Member
States. This is the best way to achieve the energy objec-
legislative texts and other
tives
measures in the areas of renewable energy and energy
efficiency, including in the transport sector.

in the various

set

The purpose of empowering the Commission to set up
executive agencies is to allow it to focus on core activ-
ities and functions which cannot be outsourced, without
relinquishing control over, or ultimate responsibility for,
activities managed by those executive agencies.

(10)

the
involves

Intelligent Energy — Europe
Management of
technical
implementation
programme
projects which do not entail political decision-making
and requires a high level of technical and financial exper-
tise throughout the project cycle.

of

The implementation of the Commission's priorities and,
in particular, the sustainable development strategy may
result in measures being adopted as part of the Com-
munity policy in the areas cited entailing Commission
action which could be implemented by the agency.
Provision should be made for the possibility of assigning
additional management and implementation tasks to the
agency.

(1) OJ L 11, 16.1.2003, p. 1.
(2) OJ L 176, 15.7.2003, p. 29.

(11)

The measures provided for by this Decision are in
accordance with the opinion of the Committee of the
Executive Agencies,

(1)

(2)

(3)

(4)

(5)

L 5/86

EN

Official Journal of the European Union

9.1.2004

HAS DECIDED AS FOLLOWS:

Article 1

Establishment of the Agency

An executive agency (hereinafter

referred to as ‘the
1.
Agency’) for the management of Community action in the field
of energy, the statute of which is laid down in Council Regu-
lation (EC) No 58/2003, is hereby established.

The name of the Agency shall be the ‘Intelligent Energy

2.
Executive Agency’.

Article 2

Location

The agency shall be located in Brussels.

Article 3

Duration

The Agency is hereby established for a period beginning on 1
January 2004 and ending on 31 December 2008.

Article 4

Objectives and tasks

Under the Community programme Intelligent Energy —
1.
Europe, established by Decision No 1230/2003/EC, the Agency
is responsible for implementing the tasks concerning Com-
munity aid under the programme, except
for programme
evaluation, monitoring of legislation and strategic studies, or
any other action which comes under the exclusive competence
of the Commission. It shall be responsible for the following
tasks:

(a) managing all the phases in the lifetime of specific projects
in the context of implementing the Community programme
Intelligent Energy — Europe on the basis of Decision
1230/2003/EC and the work programme provided for in
this Decision and adopted by the Commission following
the advice of the executive committee of the programme,
as well as the necessary checks to that end, by adopting the
relevant decisions where the Commission has empowered it
to do so;

(b) adopting the instruments of budget

implementation for
revenue and expenditure and carrying out, where the
Commission has empowered it to do so, all the operations
necessary to manage the Community programme and, in
particular,
those linked to the award of contracts and
grants;

(c) gathering, analysing and passing on to the Commission all
the information needed to guide the implementation of the
Community programme, as well as any other information
or report for the Commission provided for in the work
programme or in the instrument of delegation.

The Agency may be

charged by the Commission
2.
following the opinion of
the committee as established by
Article 24 of Regulation (EC) No 58/2003, to carry out tasks of

the same type under other Community programmes, within the
meaning of Article 2 of that Regulation, as the programme
referred to in paragraph 1, provided that these programmes or
projects remain within the limits of the development of renew-
able energy and energy efficiency,
including in the transport
sector, and their promotion and provided that they do not
constitute a significant increase of the tasks of the Agency.

3.
The Commission decision delegating authority to the
Agency shall set out in detail all the tasks entrusted to it and
shall be adapted in the light of any additional tasks which may
be entrusted to the Agency. The Commission decision will be
transmitted, for information, to the committee established by
Article 24 of Regulation (EC) No 58/2003.

Article 5

Organisational structure

The Agency shall be managed by a Steering Committee

1.
and a Director appointed by the Commission.

2.
The members of
appointed for three years.

the Steering Committee shall be

3.

The Director shall be appointed for five years.

Article 6

Grants

The Agency shall receive a grant which shall be entered in the
general budget of the European Communities from the funds
allocated to the Community programme Intelligent Energy —
Europe and, where appropriate, other Community programmes
implementation
or actions entrusted to the Agency for
pursuant to Article 4(2).

Article 7

Supervision and reporting requirement

The Agency shall be subject to supervision by the Commission
and shall report regularly on progress in implementing the
programmes for which it is responsible in accordance with the
arrangements and at the intervals stipulated in the instrument
of delegation.

Article 8

Implementation of the administrative budget

The Agency shall
in
accordance with the provisions of the standard Financial Regu-
lation.

its administrative budget

implement

Done at Brussels, 23 December 2003.

For the Commission

Loyola DE PALACIO

Vice-President