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Regulation (EC) No 851/2004 CHAPTER 3 — ORGANISATION

Article 13–Article 18 · 6 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Bodies of the Centre

Article 13

The Centre shall comprise: (a) a management board; (b) a director and his/her staff; (c) an advisory forum.

Management Board

Article 14

1.   The Management Board shall be composed of one member designated by each Member State, two members designated by the European Parliament and three members representing and appointed by the Commission. 2.   The members of the Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant expertise. Alternates who represent the member in his/her absence shall be appointed by the same procedure. Members’ term of office shall be four years and can be extended. 3.   The Management Board shall adopt the Centre’s internal rules on the basis of a proposal by the director. These rules shall be made public. The Management Board shall elect one of its members as its Chair for a two-year period, which shall be extendable. The Management Board shall meet at least twice a year at the invitation of the Chair, or at the request of at least a third of its members. 4.   The Management Board shall adopt its Rules of Procedure. 5.   The Management Board shall: (a) exercise disciplinary authority over the director and appoint or dismiss him/her pursuant to Article 17; (b) ensure that the Centre carries out its mission and performs the tasks assigned to it under the conditions laid down in this Regulation including on the basis of regular independent and external evaluations to be carried out every five years; (c) compile a list of competent bodies referred to in Article 5 and make it public; (d) adopt, before 31 January each year, the Centre’s programme of work for the coming year. It shall also adopt a revisable multiannual programme. The Management Board shall ensure that these programmes are consistent with the Community’s legislative and policy priorities in the area of its mission. Before 30 March each year, the Management Board shall adopt the general report on the Centre’s activities for the previous year; (e) adopt the financial rules applicable to the Centre after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities  ( 6 ) , unless specifically required for the Centre’s operation and with the Commission’s prior consent; (f) determine by unanimity of its members the rules governing the languages of the Centre, including the possibility of a distinction between the internal workings of the Centre and the external communication, taking into account the need to ensure access to, and participation in, the work of the Centre by all interested parties in both cases. 6.   The director shall take part in the meetings of the Management Board, without voting rights, and shall provide the secretariat.

Voting

Article 15

1.   The Management Board shall take its decisions by a simple majority of all members. A two-thirds majority of all members shall be required for the adoption of its Rules of Procedure, the Centre’s internal rules of operation, the budget, the annual work programme and the appointment and removal of the director. 2.   Each of these members shall have one vote. The director of the Centre shall not vote. 3.   In the absence of a member, his/her alternate shall be entitled to exercise his/her right to vote. 4.   The Rules of Procedure shall establish the more detailed voting arrangements, in particular, the conditions for a member to act on behalf of another member.

Director

Article 16

1.   The Centre shall be managed by its director, who shall be completely independent in the performance in his/her duties, without prejudice to the respective competencies of the Commission and the Management Board. 2.   The director shall be the legal representative of the Centre and shall be responsible for: (a) the day-to-day administration of the Centre; (b) drawing up draft work programmes; (c) preparation of discussions within the Management Board; (d) implementing the work programmes and the decisions adopted by the Management Board; (e) ensuring the provision of appropriate scientific, technical and administrative support for the Advisory Forum; (f) ensuring that the Centre carries out its tasks in accordance with the requirements of its users, in particular with regard to the scientific excellence and independence of activities and opinions, the adequacy of the services provided and the time taken; (g) preparing the statement of revenue and expenditure and executing the budget of the Centre; (h) all staff matters, and in particular the exercise of powers laid down in Article 29(2). 3.   Each year, the director shall submit to the Management Board for approval: (a) a draft general report covering all the activities of the Centre in the previous year; (b) draft work programmes; (c) the draft annual accounts for the previous year; (d) the draft budget for the coming year. 4.   The director shall, following adoption by the Management Board, by 15 June at the latest forward the annual report on the Centre’s activities to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions. The Centre shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures. 5.   The director shall report on the Centre’s activities to the Management Board.

Appointment of the director

Article 17

1.   The director shall be appointed by the Management Board on the basis of a list of candidates proposed by the Commission after an open competition, following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest, for a period of five years, which may be extended once for a further period of up to five years. 2.   Before appointment, the candidate nominated by the Management Board shall be invited without delay to make a statement before the European Parliament and to answer questions put by members of that institution.

Advisory Forum

Article 18

1.   The Advisory Forum shall be composed of members from technically competent bodies in the Member States which undertake tasks similar to those of the Centre, on the basis of one representative designated by each Member State recognised for his/her scientific competence, as well as three members without the right to vote nominated by the Commission and representing interested parties at European level, such as non-governmental organisations representing patients, professional bodies or academia. Representatives may be replaced by alternates, appointed at the same time. 2.   Members of the Advisory Forum shall not be members of the Management Board. 3.   The Advisory Forum shall support the director in ensuring the scientific excellence and independence of activities and opinions of the Centre. 4.   The Advisory Forum shall constitute a mechanism for an exchange of information on health threats and the pooling of knowledge. It shall ensure close cooperation between the Centre and the competent bodies in the Member States in particular on the following items: (a) coherence of the Centre’s scientific studies with Member States; (b) in those circumstances where the Centre and a national body cooperate; (c) the promoting, starting up and supervising of the European networks within the fields of the Centre’s mission; (d) where the Centre or a Member State identifies an emerging public health threat; (e) the setting up of scientific panels by the Centre; (f) scientific and public health priorities to be addressed in the work programme. 5.   The Advisory Forum shall be chaired by the director or, in his/her absence, by a deputy from within the Centre. It shall meet regularly at the invitation of the director, or at the request of at least a third of its members, and not less than four times per year. Its operational procedures shall be specified in the Centre’s internal rules and shall be made public. 6.   Representatives of the Commission’s departments may participate in the work of the Advisory Forum. 7.   The Centre shall provide the technical and logistic support necessary for the Advisory Forum and provide a secretariat for its meetings. 8.   The director may invite experts or representatives of professional or scientific bodies, or non-governmental organisations with recognised experience in disciplines related to the work of the Centre to cooperate in specific tasks and to take part in the relevant activities of the Advisory Forum.

Back to Regulation (EC) No 851/2004 — full text

Articles on this page are reproduced verbatim from official open data. See the attribution line.

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

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