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Commission Implementing Decision (EU) 2021/173 SECTION III — OPERATING RULES

Article 8–Article 14 · 7 articles

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

Steering Committee members and Director

Article 8

1.   The members of the Steering Committee of each agency shall be appointed for two years in principle. 2.   The Director of each agency shall be appointed for four years in principle.

Secondments of officials

Article 9

1.   Officials shall be seconded to an agency after filling the mirror post in the Commission following either the publication of related posts and selection, or the reassignment in the interests of the service referred to in Article 7(1) of the Staff Regulations of Officials of the European Union (the ‘Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (‘CEOS’)  ( 64 ) . 2.   Where the agency accepts the secondment, the official shall be offered the possibility to be seconded in the interests of the service to the post of responsibility concerned in the agency in accordance with Articles 37, point (a), and 38 of the Staff Regulations  ( 65 ) . The official shall be heard pursuant to Article 38, point (a), of the Staff Regulations. 3.   The official shall be offered a contract under Article 2a of the CEOS. 4.   Subject to the limits of posts available in the establishment plan of the agency, the agency shall offer the contract to the seconded official at the same grade, step and seniority within the grade and step as the official has in the Commission. Such contract shall be amended to reflect any change in the career of the official in the Commission.

Temporary and contract staff

Article 10

The agency shall directly engage temporary staff under Article 2f of the CEOS and contract staff under Article 3a of the CEOS.

Supervision and reporting requirements

Article 11

The agencies shall be subject to supervision by the Commission and shall report regularly on progress in implementing the Union programmes, or parts thereof, for which they are responsible in accordance with the arrangements and at the intervals laid down in the Decisions delegating powers to the agencies established by this Decision and adopted in accordance with Article 6(3) of Regulation (EC) No 58/2003.

Evaluations

Article 12

1.   The Consumers, Health, Agriculture and Food Executive Agency, the Innovation and Networks Executive Agency, the Research Executive Agency, the former European Research Council Executive Agency, the Education, Audio-visual and Culture Executive Agency and the Executive Agency for Small and Medium-sized Enterprises shall be evaluated in a coordinated way pursuant to Article 25 of Regulation (EC) No 58/2003. Those evaluations shall cover the remaining period of the 2014-2020 mandate of the executive agencies which is not yet evaluated. The evaluated period shall end on the day prior to the date of application of this Decision. 2.   The evaluations referred to in Article 25 of Regulation (EC) No 58/2003 for the agencies established by Decision shall start as of the date of application of this Decision. The agencies shall be evaluated in a coordinated way. 3.   In accordance with Article 25(1) of Regulation (EC) No 58/2003, the evaluations covering the 2021-2027 mandates of the agencies shall be submitted to the Steering Committees of the executive agencies, to the European Parliament, to the Council and to the Court of Auditors.

Participation in the Commission’s EMAS system

Article 13

1.   The agencies shall implement and register under the Eco-Management and Audit Scheme (EMAS). They may opt to participate in the EMAS corporate registration of the Commission, where they are hosted in buildings which are managed by the Commission. 2.   Registration of agencies to the Commission’s EMAS system shall be subject to a written engagement between the President of the Commission’s EMAS Steering Committee, referred to in Commission Decision C(2013)7708  ( 66 ) , and the agencies, and subject to approval by the EMAS Competent Body in Belgium.

Implementation of the operating budget

Article 14

The agencies shall implement their respective operating budget in accordance with Commission Regulation (EC) No 1653/2004  ( 67 ) .

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