2008/544/EC: Commission Decision of 20 June 2008 amending Decision 2004/858/EC in order to transform the Executive Agency for the Public Health Programme into the Executive Agency for Health and Consumers
Date: 2008-06-20
Institutions: European Commission
Subjects: EU office or agency, EU programme, consumer protection, food safety, health control

3.7.2008

EN

Official Journal of the European Union

L 173/27

COMMISSION DECISION

of 20 June 2008
amending Decision 2004/858/EC in order to transform the ‘Executive Agency for the Public Health
Programme’ into the ‘Executive Agency for Health and Consumers’

(2008/544/EC)

THE EUROPEAN COMMISSION,

(3)

Having regard to the Treaty
Community,

establishing the European

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 (1),

Whereas:

(4)

(1)

(2)

The Executive Agency for the Public Health Programme
(hereinafter referred to as the PHEA) was set up by
Commission Decision 2004/858/EC (2), to manage the
programme of Community action in the field of public
the Public Health
referred to as
health (hereinafter
Programme 2003-2008)
adopted by Decision No
1786/2002/EC of the European Parliament and of the
Council (3). Decision 2004/858/EC provides
the
its functions until 31 December
PHEA to carry out
2010 in order to execute contracts and grants signed
under the Public Health Programme 2003-2008.

for

Decision No 1350/2007/EC of the European Parliament
and of the Council of 23 October 2007 establishing a
second programme of Community action in the field of
health (2008 to 2013) (4) (hereinafter referred to as the
second Public Health Programme 2008-2013) entered
into force on 21 November 2007. The second Public
Health Programme is designed to continue Community
action in the field of public health by focusing along
citizens’ health
three broad objectives:
security; to promote health to improve prosperity and
solidarity;
and disseminate health
knowledge.

and to generate

to improve

(1) OJ L 11, 16.1.2003, p. 1.
(2) OJ L 369, 16.12.2004, p. 73.
(3) OJ L 271, 9.10.2002, p. 1. Decision as last amended by Decision No

786/2004/EC (OJ L 138, 30.4.2004, p. 7).

(4) OJ L 301, 20.11.2007, p. 3.

(hereinafter

referred to as

The programme of Community action in the field of
Consumer policy for 2007-2013,
adopted by the
European Parliament and the Council on 18 December
2006 (5)
the Consumer
programme for 2007-2013), establishes
the general
framework for financing Community actions in support
of Consumer policy for the years 2007 to 2013. The aim
of
support and
the Member States and to
monitor
contribute
and
economic and legal interests of consumers as well as to
promoting their rights to information, to education and
to organise themselves
to safeguard their
interests.

the Programme is

to complement,

the policies of

protecting

in order

health,

safety

the

to

and

allows

rules (6)

animal welfare

Article 51 of Regulation (EC) No 882/2004 of
the
European Parliament and of the Council of 29 April
2004 on official controls performed to ensure the veri-
fication of compliance with feed and food law, animal
health
the
Commission to organise training courses for the staff
of the competent authorities of Member States and for
participants from third countries,
including developing
countries. The areas covered by such training are food
law and feed law, animal health and animal welfare
In addition, Article 2(1)(i) of Council
requirements.
Directive 2000/29/EC of 8 May 2000 on protective
measures against the introduction into the Community
of organisms harmful to plants or plant products and
against their spread within the Community (7), offers a
legal basis for training in the plant health sector so that
the training activities organised by the Commission
constitute an overall Community training strategy in
the areas of
feed law, animal health and
animal welfare rules, as well as plant health rules (here-
inafter referred to as the food safety training measures
covered by Regulation (EC) No 882/2004 and Directive
2000/29/EC).

food law,

(5)

A cost-benefit analysis carried out by external consultants
has shown that continuing to entrust programme imple-
mentation tasks related to the second Public Health
Programme 2008-2013 to the existing PHEA would be
the most cost-effective option.

(5) Decision No 1926/2006/EC of the European Parliament and the

Council (OJ L 404, 30.12.2006, p. 39).

(6) OJ L 165, 30.4.2004, p. 1. Regulation as last amended by Council

Regulation (EC) No 301/2008 (OJ L 97, 9.4.2008, p. 85).

(7) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by
Commission Directive 2007/41/EC (OJ L 169, 29.6.2007, p. 51).

L 173/28

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Official Journal of the European Union

3.7.2008

(6)

(7)

(8)

(9)

Cost-benefit analysis also showed that programme imple-
mentation tasks related to the Consumer programme for
2007-2013 as well as
to the food safety training
measures covered by Regulation (EC) No 882/2004 and
Directive 2000/29/EC could be carried out more effi-
ciently by the existing PHEA, whilst ensuring the
overall management by the Commission of
those
Community programmes and measures.

In order to reflect its additional tasks, the PHEA should
be transformed into the Executive Agency for Health and
Consumers.

Decision 2004/858/EC should therefore be amended
accordingly.

The provisions set out by this Decision are in accordance
with the opinion of
the Committee for Executive
Agencies,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2004/858/EC is amended as follows:

1. In Article 1, paragraph 2 is replaced by the following:

The name of

‘2.
Agency for Health and Consumers.”’

the Agency shall be the “Executive

2. Article 3 is replaced by the following:

‘Article 3

Duration

the food safety training measures covered by Regulation (EC)
No 882/2004 and Directive 2000/29/EC:

(a) managing the phases in the lifetime of specific projects
to be defined by the Commission in the instrument of
delegation within the meaning of Article 6(3) of Regu-
lation (EC) No 58/2003 in the context of implementing
and
the
measures, as well as the necessary checks to that end,
by taking the relevant decisions where the Commission
has empowered it to do so;

referred Community

programmes

above

(b) adopting the instruments of budget implementation for
revenue and expenditure and carrying out, where the
the
Commission has empowered it
operations necessary to implement the above referred
Community
in
particular, those linked to the award of contracts and
grants;

to do so, all

and measures

programmes

and,

(c) gathering, analysing and transmitting to the Commission
all the information needed to guide and evaluate the
implementation of
referred Community
programmes and measures.

above

the

2.
The Agency shall also manage all the phases in the
lifetime of the implementing measures delegated to it in
the framework of the programme of Community action in
the field of public health 2003-2008, adopted by Decision
No 1786/2002/EC of the European Parliament and of the
Council of 23 September 2002.

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

The Agency shall carry out its tasks from 1 January 2005
until 31 December 2015.’

4. Article 6 is replaced by the following:

3. Article 4 is replaced by the following:

‘Article 4

Objectives and tasks

1.
The Agency shall be responsible for carrying out the
following implementation tasks for the management of the
second Public Health Programme 2008-2013 as adopted by
Decision No 1350/2007/EC, the Consumer programme for
2007-2013 as adopted by Decision No 1926/2006/EC and

‘Article 6

Grants

The Agency shall receive subsidies which shall be entered in
the general budget of the European Communities from the
funds allocated to the second Public Health Programme
2008-2013 as adopted by Decision No 1350/2007/EC, the
Consumer programme
adopted by
Decision No 1926/2006/EC and the food safety training
measures covered by Regulation (EC) No 882/2004 and
Directive 2000/29/EC.’

for 2007-2013 as

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Official Journal of the European Union

L 173/29

All references to the ‘Executive Agency for the Public Health Programme’ shall be interpreted as references
to the ‘Executive Agency for Health and Consumers’.

Article 2

Done at Brussels, 20 June 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission