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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
