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A Community Agency is a body governed by European public law; set up to accomplish a very specific technical, scientific or managerial task, in the framework of the European Union’s “first pillar”.
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Type of Agencies Regulatory: specific technical and/or scientific tasks Executive: help to manage Community Programmes They are: - Independent bodies with own legal personality. - Funded by the EU budget and in some cases also by fees or payments.
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Type of Agencies Adopting individual binding decisions Providing technical/scientific advice and/or inspection Gathering, analysing and forwarding objective, reliable and easy-to-understand information/networking Providing services to other agencies and institutions Carry out operational activities
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Adopting individual binding decisions:
Type of Agencies Adopting individual binding decisions: Community Plant Variety Office (CPVO), Office for Harmonisation in the Internal Market (OHIM), European Aviation Safety Agency (EASA), European Chemicals Agency (ECHA)
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Providing technical/scientific advice and/or inspection:
Type of Agencies Providing technical/scientific advice and/or inspection: European Maritime Safety Agency (EMSA) European Food Safety Authority (EFSA) European Railway Agency (ERA) European Medicines Agency (EMEA)
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Type of Agencies Gathering, analysing, forwarding objective, reliable, easy-to-understand information / networking: European Centre for the Development of Vocational Training (Cedefop) European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) European Enviroment Agency (EEA) European Training Foundation (ETF) European Monitoring Centre for Drugs and Drug Addiction (EMCCDA) European Agency for Safety and Health at Work (EU-OSHA) European Network and Information Security Agency (ENISA) European Centre for Disease Prevention and Control (ECDC) Fundamental Rights Agency (FRA) European Institute for Gender Equality (EIGI)
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Providing services to other agencies and institutions:
Type of Agencies Providing services to other agencies and institutions: Centre de Traduction (CDT) Carry out operational activities: European Agency for Reconstruction (EAR) GALILEO Supervisory Authority (GSA) Common Fisheries Control Agency (CFCA)
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Agencies pre-accession full participation allowed
EEA (European Environment Agency) EMCDDA (European Monitoring Centre for Drugs and Drug Addiction) EU-OSHA (European Agency for Safety and Health at Work) ETF (European Training Foundation) – actions target 3rd countries, incl. CCs and PCCs European GNSS Supervisory Authority (GALILEO) EU-OSHA- observers ETF shall be open to the participation of countries which are not members of the European Community and which share the commitment of the Community and the Member States to the provision of aid in the training field to the eligible countries defined in Article 1, under arrangements to be laid down in agreements between the Community and themselves, following the procedure laid down in Article 228 of the Treaty. The agreements shall, inter alia, specify the nature and extent of and the detailed rules for the participation by these countries in the work of the foundation including provisions on the financial contributions and staff. 2. Participation of such countries in the ad hoc working parties provided for in Article 5 (8) may be decided as necessary by the governing board without the need for an agreement.
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Agencies no references on pre-accession participation
CPVO (Community Plant Variety Office) CdT (Centre de Traduction)
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Agencies pre-accession participation linked to acquis
EASA (European Aviation Safety Agency) ECDC (European Centre for Disease Prevention and Control) EFSA (European Food Safety Authority) EIGI (European Institute for Gender Equality) EMSA (European Maritime Safety Agency) ENISA (European Network and Information Security Agency) – ERA (European Railway Agency) EASA Participation: Chicago contracting parties and adoption and application of EC safety rules including JAA membership Cooperation: mutual recognition of certification findings and 18 (working arrangements between the civil aviation authority and EASA) of Regulation 1592/2002 relevant for all Contracting Parties to the Chicago Convention (legal impediment). EFSA (European Food Safety Authority) EMSA (European Maritime Safety Agency) ERA (European Railway Agency) EUROFOUND (European Foundation for the Improvement Living and Working Conditions) FRA (European Agency for Fundamental Rights)
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Agencies pre-accession participation conditional
ECHA (European Chemicals Agency) EUROFOUND (European Foundation for the Improvement Living and Working Conditions) FRA (European Agency for Fundamental Rights) ECHA (European Chemicals Agency) following conditions are met: (a) the purpose of the agreement is cooperation on the implementation or management of legislation concerning chemicals covered by this Regulation; (b) the third party protects the confidential information as mutually agreed. EUROFOUND (European Foundation for the Improvement Living and Working Conditions) The Foundation shall cooperate as closely as possible with specialised institutes, foundations and bodies in the Member States or at international level . FRA (European Agency for Fundamental Rights) - participation and the respective modalities shall be determined by a decision of the relevant Association Council
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Agencies NO pre-accession participation – but inclusion in actions
CEDEFOP (European Centre for the Development of Vocational Training) EMEA (European Medicines Agency) OHIM (Office for Harmonisation in the Internal Market) CFCA (Community Fisheries Control Agency)
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Participation in Community Agencies
The Commission will seek to offer further participation possibilities, including observer status for all enlargement countries in the meeting of the management boards or expert groups. The EU could co-finance up to 90% of the country contribution to a Community programme or Agency in the first year of participation through IPA. In the following years, that contribution would decrease, in percentage or in real amounts. [1]COM (2008)674 final of 05/11/2008 As part of the Pre-Accession Strategy for the candidate countries, progressive participation in Community agencies, is one of the intermediate objectives. This participation is detailed in the Commission Communication: "Participation of Candidate Countries in Community Programmes, Agencies and Committees" of December 1999, and the Communication “Preparing for the participation of the Western Balkan countries in Community programmes and agencies” of 2003. These have been updated by the Communication from the Commission to the Council and the Parliament "Enlargement Strategy and Main Challenges " (the Enlargement Strategy Paper) of 5 November 2008[1] where it reads on page 10: - see above) Participation in a Community Agency as a member with observer status requires the signing of a Memorandum of Understanding between the Community and the country, which stipulates the conditions for membership, including the payment of the country’s contribution to the costs of the Agency: the ‘entry ticket’ Part of this contribution can be co-funded by the Instrument of Pre-accession Assistance National Programme of the country concerned.
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Average grant per Agency per year: 80,000 euro
Regional Programmes Preparatory Measures for participation in Community Agencies Launched in 2001 Average grant per Agency per year: 80,000 euro Total nr. of Agencies benefitting: 16 Now I would like to talk about what we can do to assist you in preparing for participation In 2001 at the eve of the biggest enlargement of the EU several Community Agencies voiced their concern on whether the countries would be ready to participate in the Agencies; As a result the Commission decided to develop a programme to prepare the candidates for participation in the Agencies. Under this Phare funded multi-country programme grants were awarded to the Agencies to assess the situation on the readiness of the countries, make stakeholders aware of the Agencies (and their functions), train staff, etc. Multi-country in order to allow for the countries to learn from each other; have a competitive drive and to avoid fragmentation (each Agency with each country (10) a contract would be complex)
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Agencies strengthen administrative capacity
Regional Programmes Preparatory Measures for participation in Community Agencies Agencies strengthen administrative capacity Agencies support Acquis Agencies bring EU closer to the citizens These days we will learn more about what we have learned from our previous actions and thus what should and should not do in the future programmes/ projects. But we already witnessed that from a simply capacity building at the Agencies’ counterparts the projects have also great contributed to improving the uptake and enforcement of the Acquis by informing and involving other stakeholders. In this way the Agencies bring the EU closer to the citizens. And of course it has allowed the countries in joining the Agencies as if they were already a long-time member.
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Make the most of participation in Agencies Purpose
IPA - Regional Programme Preparatory Measures for participation in Community Agencies Objective Make the most of participation in Agencies Purpose Support the Agencies in preparing counterparts in the countries to participate in (activities of) the Agencies In 2008 a new Instrument for Pre-accession Assistance (IPA) Regional Programme on preparatory measures was launched covering all the IPA Beneficiairies and involving more Agencies. Some Agencies are not involved, as the next slide shows
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Agencies NOT involved in the Programme
OHIM – via EPO Cedefop on its own request ENISA – under reorganisation CdT– too early CFCA– in start up phase European GNSS Supervisory Authority – too early EIGI – in start up phase FRONTEX – too early The Organsiation for Harmonisation of the internal Market (OHIM) is carrying out similar actions under another contract that we awarded to the European Patent Office (EPO). For others it is either too early since they are rather fresh or are being re-organised. Nevertheless, we expect that they will be involved in the future. The same goes for new to be established Agencies All the other Agencies are involved.
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Expected results and measurable indicators
Strengthen ties (countries and agencies) Increase understanding on role and functioning (Beneficiaries and agencies) participation requirements (Beneficiaries and agencies) Measurable Indicators Internal (re-)organisation (Beneficiary & Agency) Degree of participation of Beneficiary in Agency actions Involvement of other stakeholders At the end of this first programme for the whole of the IPA Region we expect the following to have been achieved, using the here mentioned indicators. We do not expect after the first 24 months that all countries would be ready to join all agencies. Experience has shown that this is something that requires more time and therefore should be carefully staged. Furthermore, it may be easier for a given country to join one Agency rather quickly, while for another Agency more efforts are required. Therefore a tailor made approach to be agreed by the country and the Agency is called for. However, this tailor made approach should be crafted in such a way that it can be implemented in a muliticountry programme. To make this happen this first programme will foresee in the folllowing:
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Planned activities Agencies to carry out:
Awareness raising / information events Fact finding missions Data collection and reporting Specific training activities Workshops and Conferences Outreach actions Translation/printing of publications/manuals
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Assumptions Determination of the Beneficiary to (eventually) join the Agency and of the Agency to open up to the Beneficiary Provision of sufficient resources and time Exchange of information and understanding Letter of intent Alternative: staged approach to allow both sides to analyse the added value for joining the Agency + timing During the implementation and at the end of this first programme we will determine the determaination of the beneficiary to join an Agency, but also on whether the Agency is ready to cope with new members. Therefore, again, a staged approach is called for.
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Implementation and Financing
CPVO ,000 EMCDDA - 900,000 EASA - 700,000 EMSA - 300,000 ECDC - 400,000 ERA - 200,000 ECHA - 200,000 EU-OSHA - 900,000 EEA – 1,200,000 EUROFOUND - 700,000 EFSA - 1,000,000 EMEA - 900,000
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Complimentairy measures
Community Programmes = Programmes to achieve objectives set by EU and its Member States Support EU’s internal policies So having talked about preparatory measures, it is time to say a few words about complimentairy measures, or better other Programmes and Initiatives. First of all there are the Community Programmes which are also open to the Candidates and Potential Candidates for Accession to the EU. Like with the Agencies the country has to sign an MoU with the Community and pay an entry ticket which in turn can be co-funded with IPA funds from the national IPA programme.
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Sectors / Areas Innovation & Growth:
RTD & Innovation, ICT, education, enterprises, transport Exchange: culture, citizenship, youth, values, acquis Protect: environment, consumers, citizens, finances Eg: Public Health; Consumer action programme These Community Programmes pursue EU objectives and can be roughly classified as dealing with (see slide). Next to this under national and regional IPA programmes we support Civil Society Organsiations, Education Institutes with grants for their projects dealing with issues such as health and safety at work, consumer protection, environment, human rights, etc. Other complimentairy actions with the EU banner are Taiex and Twinning that will be touched upon Friday morning.
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