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Legal status and principal office
1. The Agency shall be a Union body and shall have legal personality. 2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property, and it may be a party to legal proceedings. 3. The Agency shall be represented by its Executive Director. 4. The seat of the Agency shall be in Vigo, Spain.
Staff
1. The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union as laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 14 ) and the rules adopted jointly by the Institutions of the European Union for the purposes of the application of those Staff Regulations and Conditions of Employment shall apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, shall adopt the necessary detailed rules of application. 2. Without prejudice to Article 39, the powers conferred on the appointing authority by the Staff Regulations and the Conditions of Employment of Other Servants shall be exercised by the Agency in respect of its own staff. 3. The Agency's staff shall consist of officials assigned or seconded by the Commission on a temporary basis and of other servants recruited by the Agency as necessary to carry out its tasks. The Agency may also employ officials seconded by Member States on a temporary basis.
Privileges and immunities
The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency.
Liability
1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question. 2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency. 3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage. 4. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.
Languages
1. The provisions laid down in Council Regulation No 1 ( 15 ) shall apply to the Agency. 2. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union.
Creation and powers of the Administrative Board
1. The Agency shall have an Administrative Board. 2. The Administrative Board shall: (a) appoint and dismiss the Executive Director pursuant to Article 39; (b) adopt, by 30 April each year, the general report of the Agency for the previous year, and submit it to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States. The report shall be made public; (c) adopt, by 31 October each year and taking into account the opinion of the Commission and the Member States, the work programme of the Agency for the coming year and submit it to the European Parliament, the Council, the Commission and the Member States. The work programme shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and surveillance programmes. It shall be adopted without prejudice to the annual Union budgetary procedure. Where the Commission expresses, within 30 days of the date of adoption of the work programme, its disagreement with that programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in a second reading; (d) adopt the final budget of the Agency before the beginning of the financial year, adjusting it, where necessary, according to the Union contribution and any other revenue of the Agency; (e) perform its duties in relation to the Agency's budget in accordance with Articles 44, 45 and 47; (f) exercise disciplinary authority over the Executive Director; (g) establish its rules of procedure which may provide for the establishment of sub-committees of the Administrative Board as necessary; (h) adopt procedures necessary for the performance by the Agency of its tasks.
Composition of the Administrative Board
1. The Administrative Board shall be composed of representatives of Member States and six representatives of the Commission. Each Member State shall be entitled to appoint one member. The Member States and the Commission shall appoint one alternate for each member to represent the member in his or her absence. 2. Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of fisheries control and inspection. 3. The duration of office of each member shall be five years from the date of appointment. The term of office may be renewed.
Chairing of the Administrative Board
1. The Administrative Board shall elect a Chair from among the Commission representatives. The Administrative Board shall elect a Deputy Chair from among its members. The Deputy Chair shall automatically take the place of the Chair if he or she is prevented from attending to his or her duties. 2. The terms of office of the Chair and Deputy Chair shall be three years and shall expire when they cease to be members of the Administrative Board. The terms of office shall be renewable once.
Meetings
1. The meetings of the Administrative Board shall be convened by its Chair. The agenda shall be determined by the Chair, taking into account the proposals of members of the Administrative Board and the Executive Director of the Agency. 2. The Executive Director and the representative appointed by the Advisory Board shall take part in the deliberations without the right to vote. 3. The Administrative Board shall hold an ordinary meeting at least once a year. In addition, it shall meet on the initiative of the Chair or at the request of the Commission or of one third of the Member States represented on the Administrative Board. 4. When there is a matter of confidentiality or conflict of interest, the Administrative Board may decide to examine specific items of its agenda without the presence of the representative appointed by the Advisory Board. Detailed rules for the application of this provision may be laid down in the rules of procedure. 5. The Administrative Board may invite any person whose opinion may be of interest to attend its meetings as an observer. 6. The members of the Administrative Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts. 7. The secretariat for the Administrative Board shall be provided by the Agency.
Voting
1. The Administrative Board shall take its decisions by an absolute majority of votes. 2. Each member shall have one vote. In the absence of a member, his or her alternate shall be entitled to exercise his or her right to vote. 3. 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 as well as any quorum requirements, where appropriate.
Declaration of interests
The members of the Administrative Board shall make a declaration of interests indicating either the absence of any interests which might be prejudicial to their independence, or any direct or indirect interests which might be considered prejudicial to their independence. Those declarations shall be made annually in writing or whenever a conflict of interests may arise in relation to items on the agenda. In the latter case, the member concerned shall not be entitled to vote on any such items.
Duties and powers of the Executive Director
1. The Agency shall be managed by its Executive Director. Without prejudice to the respective competencies of the Commission and the Administrative Board, the Executive Director shall neither seek nor take instructions from any government or any other body. 2. The Executive Director shall, in the performance of his or her tasks, give effect to the principles of the common fisheries policy. 3. The Executive Director shall have the following duties and powers: (a) he or she shall prepare the draft work programme and submit it to the Administrative Board after consultation with the Commission and the Member States. He or she shall take the necessary steps for the implementation of the work programme within the limits specified by this Regulation, its implementing rules and any applicable law; (b) he or she shall take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the organisation and functioning of the Agency in accordance with the provisions of this Regulation; (c) he or she shall take all necessary steps, including the adoption of decisions concerning the responsibilities of the Agency under Chapters II and III, including chartering and operation of means of control and inspection and the operation of an information network; (d) he or she shall respond to requests from the Commission and to requests for assistance from a Member State pursuant to Articles 6, 7 and 16; (e) he or she shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its operational objectives. On that basis, the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. He or she shall establish regular evaluation procedures that meet recognised professional standards; (f) he or she shall exercise, in respect of the staff, the powers laid down in Article 28(2); (g) he or she shall draw up estimates of the Agency's revenue and expenditure in accordance with Article 44, and shall implement the budget in accordance with Article 45. 4. The Executive Director shall account for his or her activities to the Administrative Board.
Appointment and dismissal of the Executive Director
1. The Executive Director shall be appointed by the Administrative Board, on the grounds of merit and documented relevant experience in the field of the common fisheries policy and fisheries control and inspection, from a list of at least two candidates proposed by the Commission after a selection procedure, following the publication of the post in the Official Journal of the European Union , and, elsewhere, of a call for expressions of interest. 2. The power to dismiss the Executive Director shall lie with the Administrative Board. The Board shall deliberate on such item at the request of the Commission or of one third of its members. 3. The Administrative Board shall take the decisions referred to in paragraphs 1 and 2 by a two-thirds majority of members. 4. The term of office of the Executive Director shall be five years. The term of office may be extended once for a further five years on a proposal of the Commission, and that extension shall be approved by a two-thirds majority of members of the Administrative Board.
Advisory Board
1. The Advisory Board shall be composed of representatives of the Advisory Councils provided for in Article 43 of Regulation (EU) No 1380/2013, on the basis of one representative designated by each Advisory Council. Representatives may be replaced by alternates, appointed at the same time. 2. Members of the Advisory Board shall not be members of the Administrative Board. The Advisory Board shall appoint one of its members to take part in the deliberations of the Administrative Board without the right to vote. 3. The Advisory Board shall, at the request of the Executive Director, advise him or her in the performance of his or her duties under this Regulation. 4. The Advisory Board shall be chaired by the Executive Director. It shall meet, at the invitation of the Chair, not less than once per year. 5. The Agency shall provide the logistic support necessary for the Advisory Board and provide a secretariat for its meetings. 6. The members of the Administrative Board may attend the meetings of the Advisory Board.
Transparency and communication
1. Regulation (EC) No 1049/2001 shall apply to documents held by the Agency. 2. The Administrative Board shall, within six months of the date of its first meeting, adopt the practical arrangements for implementing Regulation (EC) No 1049/2001. 3. The Agency may communicate on its own initiative, in the fields within its mission. It shall ensure, in particular, that the public and any interested party are rapidly given objective, reliable and easily understandable information with regard to its work. 4. The Administrative Board shall lay down the necessary internal rules for the application of paragraph 3. 5. Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint with the European Ombudsman or form the subject of an action before the Court of Justice, under Articles 228 and 263 of the Treaty on the Functioning of the European Union (TFEU). 6. The information collected by the Commission and the Agency in accordance with this Regulation shall be subject to Regulation (EU) 2018/1725.
Confidentiality
1. Members of the Administrative Board, the Executive Director and members of the staff of the Agency, even after their duties have ceased, shall be subject to the requirements of confidentiality pursuant to Article 339 TFEU. 2. The Administrative Board shall lay down internal rules regarding the practical arrangements for implementing the confidentiality requirements referred to in paragraph 1.
Access to information
1. The Commission shall have full access to all information collected by the Agency. The Agency shall furnish any information and an evaluation of that information to the Commission at its request and in the form specified by it. 2. The Member States concerned by any particular operation of the Agency shall have access to the information collected by the Agency in relation to such operation, subject to the conditions which may be established in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.
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.