Head of the Agency
1. The Head of the Agency shall be the High Representative of the Union for Foreign Affairs and Security Policy (HR).
2. The Head of the Agency shall be responsible for the Agency's overall organisation and functioning and shall ensure that the guidelines and guidance of the Council and the decisions of the Steering Board are implemented by the Chief Executive, who shall report to the Head of the Agency.
3. The Head of the Agency shall present the Agency's reports to the Council as referred to in Article 4(2).
4. The Head of the Agency shall be responsible for the negotiation of administrative arrangements with third countries and other organisations, groupings or entities in accordance with directives given by the Steering Board. Within such arrangements, as approved by the Steering Board, the Head of the Agency shall be responsible for establishing appropriate working relations with them.
Steering Board
1. A Steering Board composed of one representative of each participating Member State, authorised to commit its government, and a representative of the Commission, shall be the decision-making body of the Agency. The Steering Board shall act within the framework of the guidelines and guidance of the Council.
2. The Steering Board shall meet at the level of Defence Ministers of the participating Member States or their representatives. The Steering Board shall, in principle, hold at least two meetings each year at the level of Defence Ministers.
3. The Head of the Agency shall convene and chair the Steering Board's meetings. If a participating Member State so requests, the Head of the Agency shall convene a meeting within one month.
4. The Head of the Agency may delegate the power to chair the Steering Board's meetings at the level of the representatives of the Ministers of Defence.
5. The Steering Board may meet in specific compositions (such as NADs, Capability Directors, R&T Directors or Defence Policy Directors).
6. The Steering Board meetings are attended by:
(a)
the Chief Executive of the Agency referred to in Article 10, or his/her representative;
(b)
the Chairman of EUMC or his/her representative;
(c)
representatives of the European External Action Service (EEAS).
7. The Steering Board may decide to invite, on matters of common interest:
(a)
the NATO Secretary-General or his/her nominated representative;
(b)
the Heads/Chairs of other arrangements, groupings or organisations whose work is relevant to that of the Agency (such as those established under the LoI Framework Agreement, as well as OCCAR and ESA);
(c)
as appropriate, representatives of other third parties.
Tasks and powers of the Steering Board
1. Within the framework of the guidelines and guidance of the Council referred to in Article 4(1), the Steering Board:
(a)
shall approve the reports to be submitted to the Council;
(b)
shall adopt, by unanimity, the Agency's general budget no later than 31 December of each year;
(c)
shall approve the Agency's three-year Planning Framework, which shall set out the Agency's priorities within the limits of the general budget, noting that the financial values ascribed to years two and three of the Planning Framework are for planning purposes only and do not constitute legally binding ceilings;
(d)
shall approve the establishment within the Agency of ad hoc projects or programmes in accordance with Article 19;
(e)
shall appoint the Chief Executive and the Deputy;
(f)
shall decide that the Agency may be entrusted by one or more Member States with the administrative and financial management of certain activities within its remit in accordance with Article 17;
(g)
shall approve any recommendations to the Council or the Commission;
(h)
shall adopt the rules of procedure of the Steering Board;
(i)
may amend the financial provisions for the implementation of the Agency's general budget;
(j)
may amend the rules and regulations applicable to temporary and contract staff and seconded national experts;
(k)
shall determine the technical and financial arrangements regarding Member States' participation or withdrawal referred to in Article 1(4);
(l)
shall adopt directives regarding the negotiation of administrative arrangements by the Head of the Agency;
(m)
shall approve the ad hoc arrangements referred to in Article 23(1);
(n)
shall conclude the administrative arrangements between the Agency and third parties as referred to in Article 26(1);
(o)
shall approve the annual accounts and balance sheet;
(p)
shall give its assent to decisions related to the organisational structure of the Agency;
(q)
shall approve the service level agreements or working arrangements referred to in Article 25, with the exclusion of those which are administrative in nature;
(r)
shall adopt all other relevant decisions related to the fulfilment of the Agency's mission.
2. Unless otherwise provided for in this Decision, the Steering Board shall take decisions by qualified majority. The votes of the participating Member States shall be weighted in accordance with Article 16(4) and (5) TEU. Only the representatives of the participating Member States shall take part in the vote.
3. If a representative of a participating Member State in the Steering Board declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. That representative may refer the matter, through the Head of the Agency, to the Council with a view to issuing guidelines to the Steering Board, as appropriate. Alternatively, the Steering Board, acting by qualified majority, may decide to refer the matter to the Council for decision. The Council shall act by unanimity.
4. The Steering Board, on a proposal from the Chief Executive or from a participating Member State, may decide to set up:
(a)
committees for the preparation of administrative and budgetary decisions of the Steering Board, composed of delegates of the participating Member States and a representative of the Commission;
(b)
committees specialised in specific issues within the Agency's remit. These committees shall be composed of delegates of the participating Member States and, unless the Steering Board decides otherwise, a representative of the Commission.
The decision to establish such committees shall specify their mandate and duration.
The Chief Executive
1. The Chief Executive, and the Deputy, shall be selected and appointed by the Steering Board on a recommendation from the Head of the Agency for three years. The Steering Board may grant a two-year extension. The Chief Executive and the Deputy shall act under the authority of the Head of the Agency and in accordance with the decisions of the Steering Board.
2. Participating Member States shall submit candidatures to the Head of the Agency, who shall inform the Steering Board thereof. The pre-selection process shall be organised under the responsibility of the Head of the Agency.
Subject to approval by the Steering Board, an Advisory Panel shall be set up, and its composition shall be such that a proper balance of representatives from the EEAS, the Agency and participating Member States is achieved.
On the basis of the pre-selection process, the Head of the Agency shall provide the Steering Board with a selection of at least two candidates indicating his/her recommended candidate.
3. The Chief Executive, assisted by the Deputy, shall take all necessary measures to ensure the efficiency and effectiveness of the Agency's work. The Chief Executive shall be responsible for the oversight and coordination of the functional units, in order to ensure the overall coherence of their work.
4. The Chief Executive is responsible for:
(a)
ensuring the implementation of the Agency's three-year Planning Framework;
(b)
preparing the work of the Steering Board;
(c)
preparing the draft annual general budget to be submitted to the Steering Board;
(d)
preparing the three-year Planning Framework to be submitted to the Steering Board;
(e)
ensuring close cooperation with, and providing information to, the Council preparatory bodies, notably the PSC and the EUMC;
(f)
preparing the reports referred to in Article 4(2);
(g)
preparing the statement of revenue and expenditure and implementing the Agency's general budget and the budgets of ad hoc projects or programmes entrusted to the Agency;
(h)
the day-to-day administration of the Agency;
(i)
all security aspects;
(j)
all staff matters.
5. Within the terms of the general budget of the Agency and taking into account the agreed 3-year Planning Framework, the Chief Executive shall be empowered to enter into contracts and to recruit staff. The Chief Executive shall exercise the same power with regard to the other budgets defined in Article 12, in particular the budgets associated with the activities falling under Chapter IV and any budgets resulting from additional revenue referred to in Article 15.
6. The Chief Executive shall be accountable to the Steering Board.
7. The Chief Executive shall be the legal representative of the Agency.
Staff
1. The staff of the Agency, including the Chief Executive, shall consist of temporary and contract staff members recruited from among candidates from all participating Member States on the broadest possible geographical basis, and from the Union institutions. The staff of the Agency shall be selected by the Chief Executive on the basis of relevant competence and expertise and through fair and transparent competition procedures. The Chief Executive shall publish in advance details of all available positions and the criteria relevant to the selection process. In all cases, recruitment shall be directed to securing for the Agency the services of staff of the highest standard of ability and efficiency.
2. The Head of the Agency, upon a proposal from the Chief Executive and following consultation with the Steering Board, shall appoint, and renew the contracts of, the staff of the Agency at senior management level.
3. The Agency staff shall consist of:
(a)
personnel recruited directly by the Agency under fixed-term contracts, selected among nationals of participating Member States. The Council, acting by unanimity, has adopted the regulations applicable to such staff ( 6 ) . The Steering Board shall review and amend as necessary those regulations where they empower it to do so.
(b)
national experts seconded by participating Member States either to posts within the Agency organisational structure or for specific tasks and projects. The Council, acting by unanimity, has adopted the regulations applicable to such staff ( 7 ) . The Steering Board shall review and amend as necessary those regulations, where they empower it to do so.
(c)
Union officials seconded to the Agency for a fixed period and/or for specific tasks or projects as required.
4. The Agency may also have recourse to:
(a)
personnel of third countries, organisations and entities, who shall be paid by them and with which the Agency has concluded administrative arrangements pursuant to Article 26(1), seconded or posted to the Agency with the agreement of the Steering Board, in accordance with the conditions to be laid down in those arrangements;
(b)
contract agents and seconded experts, for the purpose of contributing to the implementation of one or more ad hoc projects or programmes of the Agency referred to in Chapter IV. In such cases, the budgets associated with those ad hoc projects or programmes may cover the basic salaries of the contract agents and the allowances and expenses of the seconded experts concerned.
5. Incorporating all positions held, the total number of years that staff shall be able to serve at the Agency shall be less than 10 years.
6. The Court of Justice of the European Union shall have jurisdiction over any dispute between the Agency and any person to whom the regulations applicable to the staff of the Agency apply.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
