Agencies in Europe

History of the Agencies of the European Union

There is nothing new about the creation of decentralised Community bodies, since the first agencies (the European Centre for the Development of Vocational Training and the Foundation for the Improvement of Living and Working Conditions) date from the seventies. However, in the nineties and in the dynamics of the finalisation of the internal market, a series of new agencies appeared, giving a new dimension to what constitutes a Community model of European agencies at present. These so called second generation agencies were an answer to a desire for geographical devolution and the need to cope with new tasks of a technical and/or scientific nature. The majority of them started their activities in 1994 or 1995, after a decision by the Heads of State and Government in Brussels on 29 October 1993, which fixed the headquarters of seven agencies, some of which had already seen their basic regulation adopted by the Council several years previously.

In December 2003, the Heads of State and Government again decided on the seats of a number of agencies, some of which were already functioning with Brussels as their provisional seat. This group of agencies can be called the “3rd generation”.

The objectives of the individual agencies are many and varied. Each agency is indeed unique and fulfils an individual function defined at the time of its creation. This function might be modified in the future but, nevertheless, there are a number of general aims underlying an agency’s operation as a whole:

• they introduce a degree of decentralisation and dispersal to the Community’s activities;
• they give a higher profile to the tasks that are assigned to them by identifying them with the agencies themselves;
• some answer the need to develop scientific or technical know-how in certain well-defined fields;
• others have the role to integrate different interest groups and thus to facilitate the dialogue at a European (between the social partners, for example) or international level.

Agencies of the European Union

Some bodies have a legal status of “Community Agency”. A Community agency is a body governed by European public law; it is distinct from the Community Institutions (Council, Parliament, Commission, etc.) and has its own legal personality. It is set up by an act of secondary legislation in order to accomplish a very specific technical, scientific or managerial task.

Agencies do not create new laws. However, their experts provide advice to the European Union institutions, and in certain areas assists the European Commission with their contribution.

A number of specialised and decentralised EU agencies have been established to support the EU Member States and their citizens. These agencies are an answer to a desire for geographical devolution and the need to cope with new tasks of a legal, technical and/or scientific nature.The EU’s agencies are grouped into 4 different categories:

Community agencies

A Community agency is a body governed by European public law; it is distinct from the Community Institutions (Council, Parliament, Commission, etc.) and has its own legal personality. It is set up by an act of secondary legislation in order to accomplish a very specific technical, scientific or managerial task, in the framework of the European Union’s “first pillar”.

Some European Community agencies are or were the following:

• Community Fisheries Control Agency (CFCA)
• Community Plant Variety Office (CVPO)
• European Agency for Reconstruction (EAR)
• European Agency for Safety and Health at Work (OSHA)
• European Agency for the Management of Operational Cooperation at the External Borders (FRONTEX)
• European Aviation Safety Agency (EASA)
• European Centre for Disease Prevention and Control (ECDC)
  European Centre for the Development of Vocational Training (Cedefop)
• European Chemicals Agency (ECHA)
• European Environment Agency (EEA)
• European Food Safety Authority (EFSA)
• European Foundation for the Improvement of Living and Working Conditions (EUROFOUND)
• European Fundamental Rights Agency (EFRA)
• European GNSS Supervisory Authority (EGSA)
• European Maritime Safety Agency (EMSA)
• European Medicines Agency (EMEA)
• European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)
• European Monitoring Centre on Racism and Xenophobia (EUMC)
• European Network and Information Security Agency (ENISA)
• European Railway Agency (ERA)
• European Training Foundation (ETF)
• Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
• Translation Centre for the Bodies of the European Union (CdT)

Common Foreign and Security Policy agencies

Agencies have been set up to carry out very specific technical, scientific and management tasks within the framework of European Union’s Common Foreign and Security Policy (CFSP) – the “second pillar” of the EU.

These agencies are:

• European Defence Agency (EDA)
• European Union Institute for Security Studies (ISS)
• European Union Satellite Centre (EUSC)

Police and judicial cooperation in criminal matters agencies

Another group of agencies has been set up to help the EU Member States co-operate in the fight against organised international crime. This co-operation in criminal matters is the “third pillar” of the EU.

Two agencies – Europol and Eurojust – have been set up to help the EU member states co-operate in the fight against organised international crime. This co-operation in criminal matters is the “third pillar” of the EU.

Europol and Eurojust carry out very specific tasks in the context of the dialogue, mutual assistance, joint efforts and co-operation between the police, customs, immigration services and justice departments of the EU member states.

Europol became fully operational in 1999; Eurojust was set up in 2002. Both agencies are based in The Hague, The Netherlands.

• European Police College (CEPOL)
• European Judicial Cooperation Unit ( EUROJUST )
• European Police Office (EUROPOL)

Executive agencies

Executive agencies are organisations established in accordance with Council Regulation (EC) No 58/2003 (OJ L 11, 16.1.2003) with a view to being entrusted with certain tasks relating to the management of one or more Community programmes. These agencies are set up for a fixed period. Their location has to be at the seat of the European Commission (Brussels or Luxembourg).

These agencies are:

• Education, Audiovisual and Culture Executive Agency (under preparation)
• Executive Agency for the Public Health Programme (under preparation)
• Intelligent Energy Executive Agency

Update about the Agencies

1. Regulatory agencies

Agencies created under 1st pillar

EUROFOUND Dublin/IE European Foundation for the Improvement of Living and Working Conditions Regulation (EEC) No 1365/75 of 26th May 1975 | Budget total 2008: 21,200 | EC Subsidy: 20,000 | 2008 (authorised under Community Budget): 101 | – Contributes to the planning and establishment of better living and working conditions in Europe. – Provides findings, knowledge and advice from independent and comparative research, to governments, employers, trade unions and the European Commission. | – Last retrospective evaluation : 2007 |

ETF Turin/IT European Training Foundation Council Regulation (EEC) No 1360/90 of 7th May 1990 | Budget total 2008: 17,984 | EC Subsidy: 17,984 | 2008 (authorised under Community Budget): 96 | – Helps transition and developing countries to harness the potential of their human resources through the reform of education, training and labour market systems in the context of the EU’s external relations policies. – Promotes effective cooperation between the Community and the 29 eligible countries in the field of vocational education and training. | – Last retrospective evaluations concluded in 2006 |

EMEA London/UK European Medicines Agency Regulation (EEC) No 2309/93 of 22nd July 1993 repealed by Regulation (EC) No 726/2004 of 31st March 2004 | Budget total 2008: 164,480 | EC Subsidy: 38,000 Of which EUR 6 million provided as a special contribution for orphan medicinal products | 2008 (authorised under Community Budget): 475 | – The European Medicines Agency is the European Union body responsible for coordinating the existing scientific resources put at its disposal by Member States for the evaluation, supervision and pharmacovigilance of medicinal products. – The Agency provides the Member States and the institutions of the EU the best-possible scientific advice on any question relating to the evaluation of the quality, safety and efficacy of medicinal products for human or veterinary use referred to it in accordance with the provisions of EU legislation relating to medicinal products. | – Discharge 2005 asks for evaluation by 1 January 2010 and every 5 years afterwards. Evaluation planned in accordance with discharge. |

EU-OSHA Bilbao/ES European Agency for Occupational Safety and Health Council Regulation (EC) No 2062/94 of 18th July 1994 | Budget total 2008: 14,697 | EC Subsidy: 14,400 | 2008 (authorised under Community Budget): 44 | -Provides the Community bodies, the Member States, the social partners and those involved in the field with the technical, scientific and economic information of use in the field of safety and health at work. – Provides the Commission with the technical, scientific and economic information it requires to fulfil its tasks of identifying, preparing and evaluating legislation and measures in the area of the protection of the safety and health of workers. – Act as a catalyst for developing, analysing and disseminating information that improves occupational safety and health in Europe. | – Last retrospective evaluation was concluded in 2007. |

CDT Luxembourg/LU Translation Centre for the bodies of the EU Council Regulation (EC) No 2965/94 of 28th November 1994 as last amended by Council Regulation (EC) No 1645/2003 of 18 June 2003 | Budget total 2008: 42,252 | EC Subsidy: – | 2008 (authorised under Community Budget): 233 | – Provides the translation services required by the various decentralised Community agencies, bodies and institutions. – Participates in the Interinstitutional Committee for Translation and Interpretation (CITI). This interinstitutional cooperation has the objective of rationalising working methods, of harmonising procedures and of making overall savings in the field of Community translation. | -Last retrospective evaluation concluded in 2001 |

EFSA Parma/IT European Food Safety Authority Regulation (EC) No 178/2002 of 28th January 2002 | Budget total 2008: 63,5 | EC Subsidy: 63,5 | 2008 (authorised under Community Budget): 335 | -Provides independent scientific advice and scientific and technical support on all matters with a direct or indirect impact on food safety. – Provides scientific opinions which will serve as the scientific basis for the drafting and adoption of Community measures in the fields falling within its mission. | – Last retrospective evaluation concluded in 2005 – Constituent Act requires evaluation every 6 years (Agency). |

EASA Köln/DE European Aviation Safety Agency Regulation (EC) No 1592/2002 of 15th July 2002 as last amended by Commission regulation (EC) No 334/2007 of 28th March 2007 | Budget total 2008: 85,330 | EC Subsidy: 30,000 | 2008 (authorised under Community Budget): 452 | – Provides the Commission with direct technical and scientific assistance in the field of aviation safety. – Adopts individual decisions, with binding legal effects vis-à-vis third parties. | – Evaluation in accordance with Constituent Act will be finalised in 2008 (Agency) |

ECDC Stockholm/SE European Centre for Disease Prevention and Control Regulation (EC) No 851/2004 of 21st April 2004 | Budget total 2008: 39,100 | EC Subsidy: 39,100 | 2008 (authorised under Community Budget): 130 | – Identifies, assesses and communicates current and emerging threats to human health from communicable diseases. -Build up European Surveillance and epidemic intelligence system for the detection of health treats. – Provides scientific opinions and scientific and technical assistance including training. – Enhances preparedness and a coordinated approach to response. -Share best practices in prevention. | – Tendering of external evaluation in accordance with Constituent act has started (Agency) |

European GNSS Supervisory Authority GSA (seat not decided yet) Council Regulation (EC) No 1321/2004 of 12th July 2004 | Budget total 2008: 10,560 | EC Subsidy: 10,560 | 2008 (authorised under Community Budget): 50 | – Provides the Commission with the direct technical and scientific assistance. – Licence authority for the GALILEO concession plan (signature and supervision of the concession contract). – Develops the European systems GNSS, including the frequency and important financial management aspects (1 billion euros). – Ensures safety and certification. – Manages the EGNOS agreement. |

Fundamental Rights Agency Vienna/AT Council Regulation (EC) N° 168/2007 of 15 February 2007 | Budget total 2008: 15,000 | EC Subsidy: 15,000 | 2008 (authorised under Community Budget): 49 | – Collects, records, analyses and disseminates relevant, objective, reliable and comparable information and data. – Formulates conclusions and opinions on general subjects, for the Union institutions and the Member States when implementing Community law. | – Retrospective evaluation (Evaluation of the European Monitoring Centre on racism and Xenophobia) concluded in 2002 -Ex post evaluation of activities of the EU monitoring centre for racism and xenophobia will be finalised in 2008 (Commission – JLS) |

Agencies (2nd pillar) – Within the Council’s competence

AGENCIES (Chronological order – date of constituent act) | BUDGET (Mio €) | STAFF | MAIN TASKS of the Agency |

European Institute for Security Studies Paris/FR Council Joint Action of 20 July 2001 | 2008: 3,8 | 2008: Approx. 26 | – Helps create a common European security culture, to support the strategic debate by providing the best possible interface between European decision-makers and the diverse circles of non-official specialists. – Provides data analysis and recommendations necessary for EU policy-making. |

European Union Satellite Centre Torrejón de Ardoz/ES Council Joint Action of 20 July 2001 | 2008: Approx.14,5 | 2008: 99 | – Dedicated to the exploitation and production of information deriving from the analysis of earth observation space imagery. – Aims at supporting EU’s decision-making in the field of Common Foreign and Security Policy (CSFP). |

European Defence Agency Bruxelles/BE Council Joint Action 2004/551/CFSP of 12 July 2004 | 2008: Approx. 27 + optional budget 8. | 2008: Approx 120 | – Supports the Council and the Member States in their effort to improve the EU’s defence capabilities in the field of crisis management and to sustain the ESDP as it stands now and develops in the future. |

Agencies (3rd pillar)

Within the Council’s competence:

EUROJUST The Hague/NL 2002/187/JHA: Council Decision of 28 February 2002 | Budget total 2008: 20 | EC Subsidy: 20 | 2008 (authorised under Community Budget): 175 | – Enhances the effectiveness of the competent authorities within Member States when they are dealing with serious cross-border and organised crime. – Stimulates and improves the coordination of investigations and prosecutions and also supports the Member States in order to render their investigations and prosecutions more effective. | – |

Agencies proposed

Agencies | BUDGET (Mio €) | STAFF | MAIN TASKS of the Agency |

Agency for the Cooperation of Energy Regulators Seat not yet decided COM (2007) 530 final of 19/09/2007 Proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators | The Agency would complement at European level the regulatory tasks performed at national level by the regulatory authorities by: -Providing a framework for national regulators to cooperate. -Regulatory oversight of the cooperation between transmission system operators -Individual decision powers. (exemption requests concerning infrastructure assets of European interest and decisions on the regulatory regime applicable to infrastructure within the territory of more than one Member State). -General advisory role vis-à-vis the Commission | – |

Agencies | BUDGET (Mio €) | STAFF | MAIN TASKS of the Agency |

European Electronic Communications Market Authority Seat not yet decided COM (2007)699 of 13.11.2007 Proposal for a regulation of the European Parliament and of the Council establishing the European Electronic Communications Market Authority | The Authority would complement at European level, the regulatory tasks performed at national level by the regulatory authorities by: – Providing a framework for national regulators to cooperate – Regulatory oversight of market definition, analysis and the implementation of remedies (opinions of the Commission). – Recommendation to the Commission on definition of trans-national markets – Advice on radio frequency harmonisation – Decision powers on numbering administration and advice on number portability – Network and information security. (The Authority will subsume the tasks of the existing European Network and Information Security Agency) – General informational and advisory function | – |

2. Executive agencies

AGENCIES (Chronological order – date of constituent act) | BUDGET 2008 (Mio €) | STAFF |

EACI Brussels / BE Executive Agency for Competitiveness and Innovation Programme – (DG TREN, ENTR, ENV) [Formerly Intelligent Energy Executive Agency (IEEA) (DG TREN)] 2004/20/EC: Commission decision – 23 December 2003 2007/372/EC: Commission decision – 31 May 2007 Term of the Agency: 31/12/2015 | 15.3 | 2008 Establishment plan posts authorised under the Community budget: 36 |

PHEA Luxembourg / LUX Executive Agency for the Public Health Programme – (DG SANCO) 2004/858/EC: Commission decision 15 December 2004 Term of the Agency : 01/01/2005 until 31/12/2010 | 5.8 | 2008 Establishment plan posts authorised under the Community budget: 9 |

AGENCIES (Chronological order – date of constituent act) | BUDGET 2008 (Mio €) | STAFF |

EACEA Brussels / BE Education, Audio-visual and Culture Executive Agency – (DGs EAC, INFSO, AIDCO) 2005/56/EC: Commission decision 14 January 2005 and 2007/114/EC: Commission Decision of 8 February 2007 amending Commission Decision 2005/56/EC Term of the Agency: 01/01/2005 until 31/12/2008 – Extended until 31/12/2015 | 41.9 | 2008 Establishment plan posts authorised under the Community budget: 91 |

TEN-TEA Brussels / BE Trans-European Transport Network Executive Agency) – (DG TREN) 2007/60/EC: Commission decision 26 October 2006 Term of the Agency: 01/11/2006 until 31/12/2008 | 10.2 | 2008 Establishment plan posts authorised under the Community budget: 40 |

AGENCIES (Chronological order – date of constituent act) | Preliminary draft amending budget no 1 to the budget for 2008 – COM(2008) 15 final (Mio €) |

ERC Brussels / BE European Research Council Executive Agency (DG RTD) 2008/37/EC: Commission decision 14 December 2007 Term of the Agency: 01/01/2008 until 31/12/2017 | 20 (PDAB n°1) |

REA Brussels / BE Research Executive Agency – (DG RTD and other research DGs) 2008/46/EC: Commission decision 14 December 2007 Term of the Agency: 01/01/2008 until 31/12/2017 | 14.6 (PDAB n°1) |

How do the Agencies of the European Union function?

Although the agencies are very different, both in terms of size and purpose, as a general rule, they have a common basic structure and similar ways of operating.

Indeed, each agency functions under the authority of an administrative / management board which lays down the general guidelines and adopts the work programmes of the particular agency, according to its basic mission, available resources and political priorities. The executive director, nominated by the administrative / management board or by the Council of Ministers, is responsible for all activities of the agency and the proper implementation of its work programmes.

Agencies normally function thanks to one or more network(s) of partners located throughout the territory of the Union. In addition, they all have certain common organisational characteristics:

An Administrative or Management Board, whose membership is laid down by the regulation establishing the agency. Agency boards always include representatives from the Member States and one or several Commission representatives, and may also include members appointed by the European Parliament or representatives of the social partners; in the special case of the Translation Centre for the Bodies of the European Union, the board also includes representatives of the users, namely the other agencies. With the current European Community including twenty-five countries, the size of each administrative / management board varies from sixteen to seventy-eight members (quadripartite Agencies). Non-member countries may also take part in certain cases, but they are not entitled to vote.

An Executive Director, who is the agency’s legal representative. The distribution of powers between the administrative / management board and the executive director is laid down by the regulation setting up the agency and may be spelled out in its rules of procedure.

One or more Technical or Scientific Committee(s), made up of experts specialising in the relevant field may also assist the board (case of budgetary committees) and the executive director by drafting opinions on (technical) questions put to them or by acting as information relays. (For example: the Committee for Proprietary Medicinal Products, managed by the European Agency for the Evaluation of Medicinal Products or the advisory college of the European Training Foundation in Turin).

In the majority of cases an agency’s internal audit is carried out either by the Commission’s Financial Controller or, if so stipulated in the rules of procedure, by an auditor appointed by the agency. In either event, however, the agencies are subject to the external control of the Court of Auditors of the European Communities.

Most of the agencies are financed from a Community subsidy set aside for the purpose in the general budget of the European Union. However, five agencies are partially or entirely self-financed, these are: the European Agency for the Evaluation of Medicinal Products; the Office for Harmonisation in the Internal Market; the Community Plant Variety Office; the European Aviation Safety Agency, all of which are able to charge fees, and the Translation Centre for the Bodies of the European Union, which receives financial contributions from its clients (the other agencies in particular).