16.1.2003 Official Journal of the European Communities L11/1 (Acts whose publication is obligatory) 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 manage- ment of Community programmes THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 308 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parliament (), Having regard to the opinion of the Court of Auditors (*), Whereas: 1 An increasing number of programmes are being created in a wide range of fields targeting a variety of categories of beneficiaries, as part of the activities provided for in Article 3 of the Treaty. The Commission is, as a rule, responsible for adopting measures to implement such programmes (Community programmes). Implementation of the Community programmes concerned is financed, at least in part, from appropria- tions entered in the general budget of the European Union. Under Article 274 of the Treaty, the Commission is responsible for implementing the budget. If the Commission is to be properly accountable to citi- zens, it must focus primarily on its institutional tasks. It should therefore be able to delegate some of the tasks relating to the management of Community programmes to third parties. Outsourcing certain management tasks could, moreover, be a way of achieving the goals of such Community programmes more effectively. Outsourcing of management tasks should nevertheless stay within the limits set by the institutional system as laid out in the Treaty. This means that tasks assigned to the institutions by the Treaty which require discretionary powers in translating political choices into action may not be outsourced. Outsourcing should, moreover, be subject to a cost- benefit analysis taking account of a number of factors such as identification of the tasks justifying outsourcing, (") O] C 120 E, 24.4.2001, p. 89 and OJ C 103 E, 30.4.2002, p. 253. (*) Opinion delivered on 5 July 2001 (not yet published in the Official Journal). () O] C 345, 6.12.2001, p. 1. (10) a cost-benefit analysis which includes the costs of coor- dination and checks, the impact on human resources, efficiency and flexibility in the implementation of outsourced tasks, simplification of the procedures used, proximity of outsourced activities to final beneficiaries, visibility of the Community as promoter of the Commu- nity programme concerned and the need to maintain an adequate level of know-how inside the Commission. One form of outsourcing consists in using Community bodies which have legal personality (executive agencies). In order to ensure uniformity of executive agencies in institutional terms, their statute should be laid down, in particular as regards certain essential aspects of their structure, tasks, operation, budget system, staff, supervi- sion and responsibility. As the institution responsible for implementing the various Community programmes, the Commission is best qualified to assess whether and to what extent it is appropriate to entrust management tasks relating to one or more specific Community programmes to an execu- tive agency. Recourse to an executive agency does not, however, relieve the Commission of its responsibilities under the Treaty, and in particular Article 274 thereof. It must therefore be able closely to circumscribe the action of each executive agency and maintain real control over its operation, and in particular its governing bodies. This means that the Commission must have the power to decide to create and, where appropriate, wind up an executive agency in accordance with this Regulation. Since the decision to set up an executive agency is a measure of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of imple- menting powers conferred on the Commission (¥), such decisions should be adopted in accordance with Decision 1999/468EC. () OJ L 184, 17.7.1999, p. 23.