HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 331/50
EN
Official Journal of the European Union
1.12.2012
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 29 November 2012
amending Decision 2004/858/EC, as amended by Decision 2008/544/EC, establishing the Executive
Agency for Health and Consumers in application of Council Regulation (EC) No 58/2003
(2012/740/EU)
THE EUROPEAN COMMISSION,
food safety training measures covered by Regulation (EC)
No 882/2004 of the European Parliament and of the
Council ( 7 ) and Council Directive 2000/29/EC of 8 May
2000 on protective measures against the introduction
Having regard to the Treaty on the Functioning of the European
into the Community of organisms harmful to plants or
Union,
plant products and against their spread within the
Community ( 8 ).
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 (6)(1)
(3)
In the light of the expertise acquired by the Agency, it
thereof,
should be entrusted with the management of certain
measures similar to the food safety training measures
which it already manages, in particular, extending the
Whereas:
scope of the Agency activities to training measures
outside the EU Member States. Consequently, the
Agency should be entrusted with managing the food
safety training measures covered by Commission
(1) The
Executive
Agency
for
the
Public
Health
Programme
Decision C(2012) 1548 adopting the 2012 work
was set up by Commission Decision 2004/858/EC ( 2 ) to
programme serving as a financial decision for the
manage the programme of Community action in the field
funding of projects in the area of external trade relations,
of public health 2003-2008, as adopted by Decision No
including access to the markets of non-European Union
1786/2002/EC of the European Parliament and of the
countries and initiatives in the field of trade-related
Council ( 3 ). Decision 2004/858/EC provides for the
assistance, and by Article 22(1) and (3) of Regulation
Agency to carry out its functions until 31 December
(EC) No 1905/2006 of the European Parliament and of
2010 in order to execute contracts and grants signed
the Council of 18 December 2006 establishing a
under the Public Health Programme 2003-2008.
financing instrument for development cooperation ( 9 ).
(2) Commission
Decision
2008/544/EC
( 4 ) transformed the
‘Executive Agency for the Public Health Programme’
into the ‘Executive Agency for Health and Consumers’
(4) The
Agency
should
also
be
entrusted
with
managing
the
and extended its mandate until 2015. Taking account
agreement with ANEC, the European consumer voice in
of the cost-benefit analysis which was carried out and
standardisation, which is governed by the Regulation of
with a view to the objectives of certain Community
the European Parliament and of the Council on European
programmes being achieved more effectively, Decision
standardisation and amending Council Directives
2008/544/EC made the Agency responsible for imple
89/686/EEC of 21 December 1989 on the approxi
menting the following Community programmes and
mation of the laws of the Member States relating to
actions: the Public Health Programme 2003-2008, the
personal protective equipment ( 10 ) and 93/15/EEC of
Public Health Programme 2008-2013 as adopted by
5 April 1993 on the harmonisation of the provisions
Decision No 1350/2007/EC of the European Parliament
relating to the placing on the market and supervision
and of the Council ( 5 ), the Consumer Programme 2007-
of explosives for civil uses ( 11 ) and Directive 94/9/EC of
2013 as adopted by Decision 1926/2006/EC of the
the European Parliament and of the Council of 23 March
European Parliament and of the Council ( 6 ) and the
1994 on the approximation of the laws of the Member
States concerning equipment and protective systems
( 1 ) OJ L 11, 16.1.2003, p. 1.
( 2 ) OJ L 369, 16.12.2004, p. 73.
( 7 ) OJ L 165, 30.4.2004, p. 1.
( 3 ) OJ L 271, 9.10.2002, p. 1.
( 8 ) OJ L 169, 10.7.2000, p. 1.
( 4 ) OJ L 173, 3.7.2008, p. 27.
( 9 ) OJ L 378, 27.12.2006, p. 41.
( 5 ) OJ L 301, 20.11.2007, p. 3.
( 10 ) OJ L 399, 30.12.1989, p. 18.
( 6 ) OJ L 404, 30.12.2006, p. 39.
( 11 ) OJ L 121, 15.5.1993, p. 20.

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EN
1.12.2012 Official
Journal
of
the
European
Union L
331/51
intended for use in potentially explosive atmospheres ( 1 ),
European Parliament and of the Council (**), the Regulation
Directive 94/25/EC of the European Parliament and of
of the European Parliament and of the Council on European
the Council of 16 June 1994 on the approximation of
standardisation and the food safety training measures
the laws, regulations and administrative provisions of the
covered by Regulation (EC) No 882/2004 of the European
Member States relating to recreational craft ( 2 ), European
Parliament and of the Council (***), Council Directive
Parliament and Council Directive 95/16/EC of 29 June
2000/29/EC (****), Decision C(2012) 1548 and Regulation
1995 on the approximation of the laws of the Member
(EC) No 1905/2006 of the European Parliament and of the
States relating to lifts ( 3 ), Directive 97/23/EC of the
Council (*****):
European Parliament and of the Council of 29 May
1997 on the approximation of the laws of the Member
___________
States concerning pressure equipment
( 4 ), Directive
(*) OJ L 301, 20.11.2007, p. 3.
98/34/EC of the European Parliament and of the
(**) OJ L 404, 30.12.2006, p. 39.
Council of 22 June 1998 laying down a procedure for
(***) OJ L 165, 30.4.2004, p. 1.
the provision of information in the field of technical
(****) OJ L 169, 10.7.2000, p. 1.
standards and regulations ( 5 ), Directive 2004/22/EC of
(*****) OJ L 378, 27.12.2006, p. 41.’;
the European Parliament and of the Council of
31 March 2004 on measuring instruments ( 6 ), Directive
2007/23/EC of the European Parliament and of the
Council of 23 May 2007 on the placing on the market
(2) Article 6 shall be replaced by the following:
of pyrotechnic articles ( 7 ), Directive 2009/105/EC of the
European Parliament and of the Council of 16 September
‘Article 6
2009 relating to simple pressure vessels ( 8 ) and Directive
Subsidies
2009/23/EC of the European Parliament and of the
Council of 23 April 2009 on non-automatic weighing
The Agency shall receive subsidies entered in the general
instruments ( 9 ).
budget of the European Communities from the funds
allocated to the second Public Health Programme 2008-
(5) Decision
2004/858/EC
should
therefore
be
amended
2013 as adopted by Decision No 1350/2007/EC, the
accordingly.
Consumer programme for 2007-2013 as adopted by
Decision No 1926/2006/EC, the Regulation of the
(6) The
measures
provided
for
by
this
Decision
are
in
European Parliament and of the Council on European stan
accordance with the opinion of the Committee for
dardisation and the food safety training measures covered
Executive Agencies,
by Regulation (EC) No 882/2004, Directive 2000/29/EC,
Decision C(2012)1548 and Regulation (EC) No
HAS ADOPTED THIS DECISION:
1905/2006.’.
Article 1
Article 2
Decision 2004/858/EC shall be amended as follows:
This Decision shall enter into force on the day following that of
its publication in the Official Journal of the European Union.
(1) in Article 4, the first sentence of paragraph 1 shall be
replaced by the following:
‘1. The
Agency
shall
be
responsible
for
carrying
out
the Done at Brussels, 29 November 2012.
following implementation tasks for the management of the
second Public Health Programme 2008-2013 as adopted by
For the Commission
Decision No 1350/2007/EC of the European Parliament and
of the Council (*), the Consumer programme for 2007-
The President
2013 as adopted by Decision No 1926/2006/EC of the
José Manuel BARROSO
( 1 ) OJ L 100, 19.4.1994, p. 1.
( 2 ) OJ L 164, 30.6.1994, p. 15.
( 3 ) OJ L 213, 7.9.1995, p. 1.
( 4 ) OJ L 181, 9.7.1997, p. 1.
( 5 ) OJ L 204, 21.7.1998, p. 37.
( 6 ) OJ L 135, 30.4.2004, p. 1.
( 7 ) OJ L 154, 14.6.2007, p. 1.
( 8 ) OJ L 264, 8.10.2009, p. 12.
( 9 ) OJ L 122, 16.5.2009, p. 6.

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