L_2009101EN.01002601.xml
| 21.4.2009 | EN | Official Journal of the European Union | L 101/26 |
COMMISSION DECISION
of 20 April 2009
setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003
(2009/336/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 Community programmes (1), and in particular Article 3(1) thereof,
Whereas:
| (1) | By means of Commission Decision 2005/56/EC (2), the Commission created the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) and entrusted it with the management of Community action in the fields of education, audiovisual and culture. |
| (2) | Subsequently, the Commission amended the Agency's remit on several occasions, extending it to cover the management of new projects and programmes. |
| (3) | The introduction of new amendments means that, for reasons of clarity, Decision 2005/56/EC has to be replaced by this Decision. |
| (4) | 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. |
| (5) | The purpose of empowering the Commission to set up executive agencies is to allow it to focus on its core activities and functions, which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies. |
| (6) | Management of certain centralised strands of a number of programmes in the fields of education, audiovisual and culture involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle. |
| (7) | The delegation, to an executive agency, of tasks related to implementation of the programme is possible with a clear separation between, on the one hand, the project programming stages and the adoption of funding decisions, which should be carried out by the Commission, and, on the other hand, the project implementation, which can be entrusted to an executive agency. |
| (8) | The setting up of an executive agency affects neither the delegation by the Council to the Commission of the management of certain phases of action under the various programmes nor the delegation of management tasks to national agencies under certain programmes. |
| (9) | A cost-benefit analysis carried out for that purpose has shown that using an executive agency to manage certain centralised strands of programmes in the fields of education and culture is the most advantageous of the options available, both in financial and in non-financial terms. |
| (10) | The programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) is part of the agency's current mandate; this programme expired on 31 December 2008 and was replaced, for the period 1 January 2009 to 31 December 2013, by the Erasmus Mundus action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (hereinafter referred to as Erasmus Mundus II). |
| (11) | An external evaluation completed in February 2009 by the Commission showed that the use of an executive agency was the best solution for managing Erasmus Mundus II. The evaluation therefore recommended that the agency's mandate be extended to include the management of this programme. |
| (13) | The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies. |
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of the Agency
1. An executive agency (hereinafter referred to as the Agency) for the management of Community action in the fields of education, audiovisual and culture, the statute and main operating rules of which are laid down in Regulation (EC) No 58/2003, is hereby established.
2. The name of the Agency shall be the ‘Education, Audiovisual and Culture Executive Agency’.
Article 2
Location
The Agency shall be located in Brussels.
Article 3
Duration
The Agency is hereby established for the period beginning on 1 January 2005 and ending on 31 December 2015.
Article 4
Objectives and tasks
1. The Agency is hereby entrusted with the management of certain strands of the following Community programmes:
| 1. | projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (phare), as provided for in Council Regulation (EEC) No 3906/89 (4); |
| 2. | the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), approved by Council Decision 95/563/EC (5); |
| 3. | the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC (6); |
| 4. | the second phase of the Community action programme in the field of education ‘Socrates’ (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council (7); |
| 5. | the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC (8); |
| 6. | the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council (9); |
| 7. | the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council (10); |
| 8. | projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000 (11); |
| 9. | projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000 (12); |
| 10. | projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000 (13); |
| 11. | the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC (14); |
| 12. | projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC (15); |
| 13. | projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC (16); |
| 14. | the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC (17); |
| 15. | the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council (18); |
| 16. | the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council (19); |
| 17. | the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC (20); |
| 18. | the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council (21); |
| 19. | the Community action programme to promote |
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