Commission Implementing Decision (EU) 2021/173 of 12 February 2021 establishing the European Climate, Infrastructure and Environment Executive Agency, the European Health and Digital Executive Agency, the European Research Executive Agency, the European Innovation Council and SMEs Executive Agency, the European Research Council Executive Agency, and the European Education and Culture Executive Agency and repealing Implementing Decisions 2013/801/EU, 2013/771/EU, 2013/778/EU, 2013/779/EU, 2013/776/EU and 2013/770/EU

• CELEX: Implementing Decision (EU) 2021/173
• Articles: 25

Article 1 Subject matter

This Decision sets up the executive agencies implementing Union programmes in the 2021-2027 multiannual financial framework (‘MFF’), determines their tasks and portfolios and general operating rules and establishes the legal framework for the transition between the agencies and between the Commission and agencies.

Article 2 Definitions

For the purposes of this Decision, the following definitions apply:

(a)

‘general administrative and logistical support services’ means support services related to the implementation of several programmes, which are centralised in one or more executive agencies;

(b)

‘legacy’ means residual activities resulting from commitments from the implementation of Union programmes under the 2014-2020 MFF and earlier MFF periods.

Article 3 Establishment and term

1.   The following agencies are established from 1 April 2021 until 31 December 2028:

(a)

the European Climate, Infrastructure and Environment Executive Agency;

(b)

the European Research Executive Agency;

(c)

the European Innovation Council and SMEs Executive Agency;

(d)

the European Education and Culture Executive Agency;

(e)

the European Research Council Executive Agency.

2.   The European Health and Digital Executive Agency is established from 16 February 2021 until 31 December 2028.

Article 4 Location

The agencies shall be located in Brussels.

Article 5 Tasks

The agencies shall be responsible for the following tasks related to the implementation of the parts of the Union programmes and activities delegated to them:

(a)

managing some or all stages of programme implementation and some or all phases in the lifetime of specific projects, on the basis of the work programmes adopted by the Commission;

(b)

managing pilot projects and preparatory actions within the meaning of Article 58(2) of Regulation (EU, Euratom) 2018/1046, if applicable;

(c)

providing general administrative and logistical support services, if applicable;

(d)

adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programmes and activities;

(e)

providing information regarding the programme implementation to support the Commission in its policy making tasks;

(f)

implementing funding where entrusted to them:

—

from other Union programmes, or parts thereof, where the act establishing a programme which implementation is already entrusted to that agency, provides for the possibility of adding funding to that programme, or parts thereof, on the basis of the relevant work programme or programmes and under the conditions set out in the instrument of delegation,

—

transferred from funds under shared management where the act establishing the programme which implementation is already entrusted to that agency, provides for such transfer to that programme, or parts thereof, on the basis of the relevant work programme or programmes and under the conditions set out in the instrument of delegation.

Article 6 Delegated 2021-2027 MFF Union programmes

1.   The European Climate, Infrastructure and Environment Executive Agency shall be entrusted with the implementation of the following (parts of) Union programmes:

(a)

Innovation Fund  ( 14 ) ;

(b)

Connecting Europe Facility: Transport (including military mobility and the Cohesion Fund contribution) and Energy;

(c)

Horizon Europe: Pillar II, cluster 5: Climate, energy and mobility;

(d)

LIFE: Nature and biodiversity; Circular economy and quality of life; Climate change mitigation and adaptation; Clean energy transition;

(e)

Renewable Energy Financing Mechanism  ( 15 ) ;

(f)

Public sector loan facility, under the Just Transition Mechanism;

(g)

European Maritime, Fisheries and Aquaculture Fund (direct management) and compulsory contributions to Regional Fisheries Management Organisations (RFMOs) and other international organisations.

2.   The European Health and Digital Executive Agency shall be entrusted with the implementation of the following (parts of) Union programmes:

(a)

EU4Health programme;

(b)

Horizon Europe: Pillar II, Cluster 1: Health;

(c)

Single Market Programme: Food safety: health for humans, animals and plants along the food chain and better training for safer food;

(d)

Digital Europe Programme;

(e)

Connecting Europe Facility: Digital;

(f)

Horizon Europe: Pillar II, Cluster 4: Digital, industry and space.

3.   The European Research Executive Agency shall be entrusted with the implementation of the following (parts of) Union programmes:

(a)

Horizon Europe: Pillar I: Marie Skłodowska-Curie Actions (MSCA) and Research Infrastructures;

(b)

Horizon Europe: Pillar II, Cluster 2: Culture, Creativity and Inclusive Society; Cluster 3: Civil Security for Society; and Cluster 6: Food, Bio-economy, Natural Resources, Agriculture and Environment;

(c)

Horizon Europe: Part ‘Widening participation and strengthening the European Research Area’: ‘Spreading excellence and widening participation’; ‘Reforming and enhancing the European R&I System’;

(d)

Information provision and promotion measures concerning agricultural products  ( 16 ) ;

(e)

Research Programme of the Research Fund for Coal and Steel  ( 17 ) .

4.   Moreover, the European Research Executive Agency shall be responsible for general administrative and logistical support services, in particular:

(a)

Central Validation Service (SEDIA);

(b)

call planning for all programmes and services participating in eGrants;

(c)

expert management.

5.   The European Innovation Council and SMEs Executive Agency shall be entrusted with the implementation of the following (parts of) Union programmes:

(a)

Horizon Europe, pillar III: the European Innovation Council (EIC) and European Innovation Ecosystems;

(b)

Interregional Innovation Investments;

(c)

Single Market Programme: COSME; Internal market; support to standardisation; and Consumers.

6.   The European Education and Culture Executive Agency shall be entrusted with the implementation of the following (parts of) Union programmes:

(a)

Creative Europe;

(b)

Erasmus;

(c)

European Solidarity Corps;

(d)

Citizens, Equality, Rights and Values;

(e)

Neighbourhood, development and international cooperation instrument (NDICI);

(f)

Instrument for pre-accession assistance (IPA III).

7.   The European Research Council Executive Agency shall be entrusted with the implementation of the following part of Horizon Europe: Horizon Europe, pillar I: the European Research Council (ERC).

8.   Paragraphs (1) to (7) shall apply subject to and as from the date of the entry into force of each of these programmes.

Article 7 Legacy

1.   The European Climate, Infrastructure and Environment Executive Agency shall be entrusted with the implementation of the legacy of the following (parts of) Union programmes:

(a)

Connecting Europe Facility: Energy and Transport (including the Cohesion Fund contribution)  ( 18 ) , which under the 2014-2020 MFF was implemented by the executive agency established by Commission Implementing Decision 2013/801/EU (‘the Innovation and Networks Executive Agency’);

(b)

Horizon 2020: Part III: Societal challenge 3: Secure, clean and efficient energy  ( 19 ) , which under the 2014-2020 MFF was implemented by the Innovation and Networks Executive Agency, the executive agency established by Commission Implementing Decision 2013/771/EU (‘the Executive Agency for Small and Medium-sized Enterprises’) and by the Commission;

(c)

Horizon 2020: Part III: Societal challenge 4: Smart, green and integrated transport, which under the 2014-2020 MFF was implemented by the Innovation and Networks Executive Agency and by the Commission;

(d)

Horizon 2020: Part III: Societal challenge 5: Climate action, Environment, resource efficiency and raw materials, which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises and by the Commission;

(e)

LIFE: Climate Action and Environment  ( 20 ) , which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises;

(f)

European Maritime and Fisheries Fund  ( 21 ) , which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises.

2.   The European Health and Digital Executive Agency shall be entrusted with the implementation of the legacy of the following (parts of) Union programmes:

(a)

Horizon 2020: Part III: Societal Challenge 1: Health, demographic change and well-being, which under the 2014-2020 MFF was implemented by the Commission;

(b)

Connecting Europe Facility: Telecom  ( 22 ) , which under 2014-2020 MFF was implemented by the Innovation and Networks Executive Agency and by the Commission;

(c)

Horizon 2020: Part II: specific objective ‘Leadership in enabling and industrial technologies (LEIT)’ - ICT, NMBP, space  ( 23 ) , which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises, the executive agency established by Commission Implementing Decision 2013/778/EU (‘the Research Executive Agency’) and by the Commission;

(d)

Horizon 2020: Part III: Societal challenge 5: Climate action, Environment, resource efficiency and raw materials, which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises and by the Commission;

(e)

FP7: The theme ‘space’ of the specific programme cooperation of the Seventh Framework Programme  ( 24 ) , which under the 2014-2020 MFF was implemented by the Research Executive Agency;

(f)

the Common financial framework in the area of food and feed safety including Better training for safer food  ( 25 ) , which under the 2014-2020 MFF was implemented by the executive agency established by Commission Implementing Decision 2013/770/EU  ( 26 ) (the Consumers, Health, Agriculture and Food Executive Agency);

(g)

the third Programme for the Union’s action in the field of health (2014-2020)  ( 27 ) , which under the 2014-2020 MFF was implemented by the Consumers, Health, Agriculture and Food Executive Agency and by the Commission.

3.   The European Research Executive Agency shall be entrusted with the implementation of the legacy of the following (parts of) Union programmes:

(a)

Horizon 2020: Part I: Marie Skłodowska-Curie Actions and Research Infrastructures  ( 28 ) , which under the 2014-2020 MFF was implemented by the Research Executive Agency and by the Commission;

(b)

Horizon 2020: Part III: Societal Challenge 2: Food security, sustainable agriculture and forestry, marine, maritime and inland water research and the bio-economy; Societal Challenge 5: Climate action, Environment, resource efficiency and raw materials; Societal Challenge 6: Europe in a changing world-Inclusive, innovative and reflective societies; Societal Challenge 7: Secure Societies-Protecting freedom and security of Europe and its citizens, which under the 2014-2020 MFF were implemented by the Research Executive Agency and the Executive Agency for Small and Medium-sized Enterprises and by the Commission;

(c)

Horizon 2020: Part IV: Spreading excellence and widening participation, which under the 2014-2020 MFF was implemented by the Research Executive Agency and by the Commission;

(d)

Horizon 2020: Part V: Science with and for society, which under the 2014-2020 MFF was implemented by the Research Executive Agency and by the Commission;

(e)

FP7: actions ‘Research for SMEs’’ and ‘research for SME associations of the Specific Programme Capacities’  ( 29 ) , which under the 2014-2020 MFF were implemented by the Research Executive Agency;

(f)

FP7: the theme ‘Security’ of the specific programme cooperation of the Seventh Framework Programme  ( 30 ) , which under the 2014-2020 MFF was implemented by the Research Executive Agency;

(g)

FP7 Specific Programme People  ( 31 ) , which under the 2014-2020 MFF was implemented by the Research Executive Agency;

(h)

Information provision and promotion measures concerning agricultural products  ( 32 ) , which under the 2014-2020 MFF was implemented by the Consumers, Health, Agriculture and Food Executive Agency;

(i)

Research Programme of the Research Fund for Coal and Steel  ( 33 ) , which under the 2014-2020 MFF was implemented by the Commission.

4.   The European Innovation Council and SMEs Executive Agency shall be entrusted with the implementation of the legacy of the following (parts of) Union programmes:

(a)

Horizon 2020: Part I: Future and emerging technologies FET-Open and FET-Pro-Active (including when labelled as EIC pilot)  ( 34 ) , which under the 2014-2020 MFF was implemented by the Research Executive Agency and by the Commission;

(b)

Horizon 2020: Part II: Access to Risk Finance (including EIC inducement Prizes) and Innovation in SME’s, which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises and by the Commission;

(c)

Horizon 2020: Part II and III: Fast Track to Innovation (FTI), which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises and by the Commission;

(d)

Horizon 2020: Part II and III: SME instrument, which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises and by the Commission;

(e)

other EIC related prizes, such as iCapital (H2020 SC 6 WP) and Women Innovators’ Prize (H2020 SWAFs WP), which under the 2014-2020 MFF were implemented by the Commission;

(f)

any other activities covered since 2018 under the EIC pilot part of Horizon 2020 WP on Innovative SMEs, which under the 2014-2020 MFF were implemented by the Research Executive Agency and the Executive Agency for Small and Medium-sized Enterprises and by the Commission;

(g)

COSME and the Competitiveness and Innovation Framework Programme (CIP)  ( 35 ) , which under the 2014-2020 MFF was implemented by the Executive Agency for Small and Medium-sized Enterprises;

(h)

Internal Market and support to Standardisation activities  ( 36 ) , which under the 2014-2020 MFF were implemented by the Commission;

(i)

Consumer Programme  ( 37 ) , which under the 2014-2020 MFF was implemented by the Consumers, Health, Agriculture and Food Executive Agency.

5.   The European Education and Culture Executive Agency shall be entrusted with the implementation of the legacy of the following (parts of) Union programmes:

(a)

Creative Europe  ( 38 ) , which under the 2014-2020 MFF was implemented by the executive agency established by Commission Implementing Decision 2013/776/EU (‘the Education, Audio-visual and Culture Executive Agency’);

(b)

Erasmus+  ( 39 ) , which under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency;

(c)

European Solidarity Corps  ( 40 ) , which under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency;

(d)

Europe for Citizens  ( 41 ) , which under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency;

(e)

EU Aid Volunteers  ( 42 ) , which under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency and by the Commission;

(f)

the Instrument for Pre-accession Assistance (IPA II)  ( 43 )

, , from which the contribution to Erasmus+ under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency and by the Commission;

(g)

the European Neighbourhood Instrument  ( 44 ) , from which the contribution to Erasmus+ under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency and by the Commission;

(h)

the Instrument for Development Cooperation  ( 45 ) , from which the contribution to Erasmus+ under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency and by the Commission;

(i)

the Partnership Instrument for cooperation with third countries  ( 46 ) , from which the contribution to Erasmus+ under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency and by the Commission;

(j)

the 10 th and 11 th European Development Funds  ( 47 ) , from which the contribution to Erasmus+ under the 2014-2020 MFF was implemented by the Education, Audio-visual and Culture Executive Agency;

(k)

the following programmes which were previously entrusted to the Education, Audio-visual and Culture Executive Agency in the period 2000-2013:

(i)

the programme of cooperation with the United States of America in the field of higher education and vocational education and training (2006-2013)  ( 48 ) ;

(ii)

the agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013)  ( 49 ) ;

(iii)

the action programme in the field of lifelong learning (2007-2013)  ( 50 ) ;

(iv)

the ‘Culture’ programme (2007-2013)  ( 51 ) ;

(v)

the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013)  ( 52 ) ;

(vi)

the ‘Youth in Action’ programme (2007-2013)  ( 53 ) ;

(vii)

the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013)  ( 54 ) ;

(viii)

the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries  ( 55 ) ;

(ix)

the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013)  ( 56 ) ;

(x)

projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia  ( 57 ) ;

(xi)

projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA)  ( 58 ) ;

(xii)

projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument  ( 59 ) ;

(xiii)

projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation  ( 60 ) ;

(xiv)

projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories  ( 61 ) .

6.   The European Research Council Executive Agency shall be entrusted with the implementation of the legacy of the following (parts of) Union programmes:

(a)

Horizon 2020: Part I: strengthening frontier research through the activities of the European Research Council  ( 62 ) , which under the 2014-2020 MFF was implemented by the executive agency established by Commission Implementing Decision 2013/779/EU (‘the former European Research Council Executive Agency’);

(b)

FP7: specific programme ‘Ideas’  ( 63 ) , which under the 2014-2020 MFF was implemented by the former European Research Council Executive Agency.

Article 8 Steering Committee members and Director

1.   The members of the Steering Committee of each agency shall be appointed for two years in principle.

2.   The Director of each agency shall be appointed for four years in principle.

Article 9 Secondments of officials

1.   Officials shall be seconded to an agency after filling the mirror post in the Commission following either the publication of related posts and selection, or the reassignment in the interests of the service referred to in Article 7(1) of the Staff Regulations of Officials of the European Union (the ‘Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (‘CEOS’)  ( 64 ) .

2.   Where the agency accepts the secondment, the official shall be offered the possibility to be seconded in the interests of the service to the post of responsibility concerned in the agency in accordance with Articles 37, point (a), and 38 of the Staff Regulations  ( 65 ) . The official shall be heard pursuant to Article 38, point (a), of the Staff Regulations.

3.   The official shall be offered a contract under Article 2a of the CEOS.

4.   Subject to the limits of posts available in the establishment plan of the agency, the agency shall offer the contract to the seconded official at the same grade, step and seniority within the grade and step as the official has in the Commission. Such contract shall be amended to reflect any change in the career of the official in the Commission.

Article 10 Temporary and contract staff

The agency shall directly engage temporary staff under Article 2f of the CEOS and contract staff under Article 3a of the CEOS.

Article 11 Supervision and reporting requirements

The agencies shall be subject to supervision by the Commission and shall report regularly on progress in implementing the Union programmes, or parts thereof, for which they are responsible in accordance with the arrangements and at the intervals laid down in the Decisions delegating powers to the agencies established by this Decision and adopted in accordance with Article 6(3) of Regulation (EC) No 58/2003.

Article 12 Evaluations

1.   The Consumers, Health, Agriculture and Food Executive Agency, the Innovation and Networks Executive Agency, the Research Executive Agency, the former European Research Council Executive Agency, the Education, Audio-visual and Culture Executive Agency and the Executive Agency for Small and Medium-sized Enterprises shall be evaluated in a coordinated way pursuant to Article 25 of Regulation (EC) No 58/2003. Those evaluations shall cover the remaining period of the 2014-2020 mandate of the executive agencies which is not yet evaluated. The evaluated period shall end on the day prior to the date of application of this Decision.

2.   The evaluations referred to in Article 25 of Regulation (EC) No 58/2003 for the agencies established by Decision shall start as of the date of application of this Decision. The agencies shall be evaluated in a coordinated way.

3.   In accordance with Article 25(1) of Regulation (EC) No 58/2003, the evaluations covering the 2021-2027 mandates of the agencies shall be submitted to the Steering Committees of the executive agencies, to the European Parliament, to the Council and to the Court of Auditors.

Article 13 Participation in the Commission’s EMAS system

1.   The agencies shall implement and register under the Eco-Management and Audit Scheme (EMAS). They may opt to participate in the EMAS corporate registration of the Commission, where they are hosted in buildings which are managed by the Commission.

2.   Registration of agencies to the Commission’s EMAS system shall be subject to a written engagement between the President of the Commission’s EMAS Steering Committee, referred to in Commission Decision C(2013)7708  ( 66 ) , and the agencies, and subject to approval by the EMAS Competent Body in Belgium.

Article 14 Implementation of the operating budget

The agencies shall implement their respective operating budget in accordance with Commission Regulation (EC) No 1653/2004  ( 67 ) .

Article 15 General succession

1.   Without prejudice to Articles 16 to 20, the agencies established by this Decision shall be the legal and universal successors, in particular in respect of all contracts and grant agreements liabilities, and acquired property, of the respective agencies they succeed and replace by virtue of this Decision.

2.   For the purposes of paragraph 1:

(a)

the European Climate, Infrastructure and Environment Executive Agency shall succeed and replace the Innovation and Networks Executive Agency;

(b)

the European Innovation Council and SMEs Executive Agency shall succeed and replace the Executive Agency for Small and Medium-sized Enterprises;

(c)

the European Research Executive Agency shall succeed and replace the Research Executive Agency;

(d)

the European Education and Culture Executive Agency shall succeed and replace the Education, Audio-visual and Culture Executive Agency;

(e)

the European Research Council Executive Agency shall succeed and replace the former European Research Council Executive Agency.

Article 16 Transfer of legacy activities between agencies and between Commission and agencies

1.   Where legacy activities are transferred between agencies or from the Commission to an agency pursuant to Article 7, all files and legal commitments shall be automatically taken over, by virtue of this Decision, by the agency established by this Decision. That agency shall be subrogated in all the respective rights and obligations.

2.   Where Union programmes are delegated by the Commission to an agency established by this Decision pursuant to Article 7, the Commission shall maintain the following rights:

(a)

to approve the certificate on methodology;

(b)

to perform checks, reviews or audits;

(c)

to carry out interim and final evaluations of the impact of the action measured against the objectives of the programmes;

(d)

to make available information on the results to other Union institutions, bodies, offices or agencies as well as Member States or associated countries;

(e)

to use beneficiaries’ materials, documents or information according to the provisions of the grant agreement;

(f)

to offset in accordance with Article 102(1) of the Financial Regulation;

(g)

to adopt an enforceable decision for the agency’s claims, under Article 299 of the Treaty.

Article 17 Transfer of officials seconded between agencies

1.   Where an agency succeeds and replaces a former one pursuant to Article 15, the officials of the Commission who have been seconded in the interests of the service to the agency which ceased to exist, shall continue to be seconded in the interests of the service to the corresponding post of responsibility in the agency taking over their tasks, in accordance with Article 38 of the Staff Regulations.

2.   In case of transfer of legacy activities between agencies pursuant to Article 16, officials seconded to the agency which ceased to exist, and whose tasks are taken over by an agency established by this Decision, shall be seconded in the interests of the service to the corresponding post of responsibility in the agency established by this Decision in accordance with Articles 37, point (a), and Article 38 of the Staff Regulations. The official shall be heard pursuant to Article 38, point (a), of the Staff Regulation.

3.   The agency established by this Decision shall accept the secondment without any publication and selection procedure.

4.   The official concerned shall be offered a contract under Article 2a of the CEOS.

5.   Subject to the limits of posts available in the establishment plan of the agency established by this Decision, that agency shall offer the contract referred to in paragraph 4 at the same grade, step and seniority within the grade and step as that which the official has in the Commission. Such contract shall be amended where necessary to reflect any change in the career of the official in the Commission.

6.   By derogation from paragraphs 1 and 2, in exceptional circumstances, where the transfer of tasks pursuant to Articles 15 and 16 would result in the secondment of two or more officials on the same corresponding post of responsibility in the agency established by this Decision, the Commission, upon a proposal of the parent Directorate-General, or where there are more parent Directorates-General, the lead parent Directorate-General of that agency, shall decide which official referred to in paragraphs 1 and 2 is to be seconded to that agency. The Commission may terminate the secondment of other officials concerned.

7.   The Director of the Consumers, Health, Agriculture and Food Executive Agency shall be reinstated to the Commission.

Article 18 Transfer of temporary staff under Article 2f of the CEOS and contract staff under Article 3a of the CEOS between agencies

1.   Where an agency succeeds and replaces a former one pursuant to Article 15, the contracts of temporary staff under Article 2f of the CEOS and the contracts of contract staff under Article 3a of the CEOS shall continue to subsist at the agency established by this Decision without any changes.

2.   Where there is a transfer of legacy activities between agencies and between the Commission and agencies pursuant to Article 16, temporary staff under Article 2f of the CEOS and contract staff under Article 3a of the CEOS, employed by the agency which ceased to exist and having been identified as performing tasks related to the implementation of programmes that are taken over by the agency established by this Decision to which their tasks are assigned, shall be transferred to that agency.

3.   The staff referred to in paragraph 2 shall be transferred to the agency established by this Decision without any modification of their contracts. The change of agency shall not be considered as a new entry into service and the continuity of career shall be ensured in all respects.

4.   The staff referred to in paragraph 2 shall be asked to decide, within a period of 15 working days from the formal notification of the transfer, whether they want to be transferred to the agency established by this Decision to continue performing tasks related to the implementation of the programme taken over by that agency. Where a member of the staff concerned expresses his or her refusal in writing within that period, the contract of that member of staff, shall be terminated by the Agency under the conditions referred to in Article 47 of the CEOS.

5.   With respect to the Consumers, Health, Agriculture and Food Executive Agency staff, the period referred to in paragraph 4 shall be two months.

Article 19 Transfer between agencies of support staff which is not attached to a specific programme

1.   Article 17(2) to (6) and Article 18(2) to (5) shall apply to the support staff of the Consumers, Health, Agriculture and Food Executive Agency which is not attached to a specific programme. They shall be transferred to the European Health and Digital Executive Agency, the European Innovation Council and SMEs Executive Agency or the European Research Executive Agency on the basis of their choice and subject to the number of posts assigned to those agencies.

2.   Subject to the number of posts assigned to the European Health and Digital Executive Agency, Article 17(2) to (6) and Article 18(2) to (4) shall apply to staff of the Executive Agency for Small and Medium-sized Enterprises and the former Research Executive Agency identified as performing supporting tasks concerning programmes taken over by the European Health and Digital Executive Agency.

3.   Subject to the number of posts assigned to the European Climate, Infrastructure and Environment Executive Agency, Article 17(2) to (6) and Article 18(2) to (4) shall apply to staff of the Executive Agency for Small and Medium-sized Enterprises identified as performing supporting tasks concerning programmes taken over by the European Climate, Infrastructure and Environment Executive Agency.

Article 20 Transfer of seconded officials, contract staff and temporary staff from Commission to agencies

1.   In case of transfer of legacy activities from the Commission to an agency pursuant to Article 16, officials of the Commission whose tasks are transferred to the agency established by this Decision may be offered by the Commission the possibility to be seconded in the interests of the service, within their respective type of post, to the post of responsibility in that agency in accordance with Article 38 of the Staff Regulations.

2.   For the purposes of paragraph 1 of this Article, paragraphs 3 to 5 of Article 17 shall apply.

3.   In case of transfer of legacy activities from the Commission to an agency pursuant to Article 16, the agency established by this Decision shall offer to Commission contract staff the possibility, without publication and selection procedure, of concluding a new contract under Article 3a of the CEOS in the same function group to ensure the continuity of tasks where:

(a)

their tasks are transferred from the Commission to the agency established by this Decision by virtue of this Decision;

(b)

they have fulfilled the complete selection procedure of contract staff organised by or under the responsibility of the European Personnel Selection Office.

4.   The conditions of employment of staff referred to in paragraph 3 shall be determined in accordance with the appropriate rules applied by the agency established by this Decision. The acceptance of a new contract pursuant to paragraph 3 shall terminate the contract with the Commission and shall trigger the start of a new probationary period.

5.   Where a member of the staff referred to in paragraph 3 refuses the contract in the agency established by this Decision, the Commission may terminate his or her contract in accordance with Article 47 of the CEOS.

6.   In case of transfer of legacy activities from the Commission to an agency pursuant to Article 16, the European Innovation Council and SMEs Executive Agency shall offer temporary staff engaged by the Commission pursuant to the Decision of the College of 10 April 2019

( 68 ) , as programme managers under the enhanced European Innovation Council pilot, the possibility, without publication and selection procedure, of concluding contracts under Article 2f of the CEOS in the same function group and grade to ensure the continuity of tasks where, subject to the provisions of second sub-paragraph of Article 53 of the CEOS:

(a)

their tasks are transferred from the Commission to the European Innovation Council and SMEs Executive Agency;

(b)

the posts concerned can be covered by the budget of the European Innovation Council and SMEs Executive Agency.

7.   The conditions of employment of the temporary staff referred to in paragraph 6 shall be determined in accordance with the appropriate rules applied by the European Innovation Council and SMEs Executive Agency. The acceptance of a new contract pursuant to paragraph 6 shall terminate the contract with the Commission and shall trigger the start of a new probationary period.

8.   Where a member of the staff referred to in paragraph 6 refuses the contract in the agency established by this Decision, the Commission may terminate his or her contract in accordance with Article 47 of the CEOS.

Article 21 Winding-up of the Consumers, Health, Agriculture and Food Executive Agency and transitional measures

1.   The Consumers, Health, Agriculture and Food Executive Agency shall cease to exist as of 1 April 2021 and thereafter it shall be wound up in accordance with Article 3(2) of Regulation (EC) No 58/2003 and paragraphs (2) to (5) of this Article.

2.   The Consumers, Health, Agriculture and Food Executive Agency staff shall be transferred in accordance with Article 17(2) to (7) and Article 18(2) to (5) and Article 19. That staff shall be entitled to telework full-time at their place of residence from 1 April 2021 to 30 September 2021. Staff who refuse to move to the agency established by this Decision and continue performing their tasks taken over by that agency to serve the period of notice referred to in Article 47 CEOS, shall be entitled to telework full time at their place of residence from 1 April 2021 until the end of the period of notice.

3.   Notwithstanding Article 19(1), the European Health and Digital Executive Agency shall take over from the Consumers, Health, Agriculture and Food Executive Agency any support activities not attached to a specific programme.

4.   The European Health and Digital Executive Agency, the European Innovation Council and SMEs Executive Agency and the European Research Executive Agency shall take over all assets and liabilities linked to the activities taken over from the Consumers, Health, Agriculture and Food Executive Agency and all assets and liabilities linked to the support activities referred to in paragraph 3.

5.   The two liquidators appointed by the Commission in accordance with Article 3(2) of Regulation (EC) No 58/2003 shall verify and confirm that all activities of the Consumers, Health, Agriculture and Food Executive Agency are either terminated or taken over, and that all remaining assets and liabilities have been taken over by the European Health and Digital Executive Agency, the European Innovation Council and SMEs Executive Agency and the European Research Executive Agency. The liquidators shall establish any net result of the Consumers, Health, Agriculture and Food Executive Agency after liquidation. They shall then acknowledge its winding up.

Article 22 Transitional period for the European Health and Digital Executive Agency

1.   The Commission shall manage the European Health and Digital Executive Agency until the agency has the operational capacity to implement its own budget.

2.   For the purpose of paragraph 1, the Director-General of the Directorate-General for Health and Food Safety shall act as interim Director and exercise all the duties assigned to the Director.

Article 23 Date of the mobility of staff

1.   Staff referred to in Articles 17 to 21 shall be transferred to the corresponding agency with effect from 1 April 2021.

2.   For the purposes of serving the period of notice referred to in Article 47 CEOS, contract and temporary staff referred to in Articles 18, 19 and 21, who refuse to move to the corresponding agency established by this Decision, shall be transferred to that agency and continue performing their tasks until the end of the period of notice.

Article 24 Repeal

1.   Commission Implementing Decisions 2013/801/EU, 2013/771/EU, 2013/778/EU, 2013/779/EU, 2013/776/EU and 2013/770/EU are repealed with effect from 1 April 2021.

2.   References to the repealed Decisions shall be construed as references to this Decision.

Article 25 Entry into force

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .

It shall apply from 1 April 2021. However, Articles 3(2) and 22 shall apply from 16 February 2021.