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Administrative and management structure
The Agency’s administrative and management structure shall comprise: (a) a Management Board, which shall exercise the functions set out in Article 41; (b) an Executive Director, who shall exercise the responsibilities set out in Article 47; (c) a Deputy Executive Director, as established in Article 48; (d) a fundamental rights officer, as established in Article 49; and (e) a Consultative Forum, as established in Article 50.
Composition of the Management Board
1. The Management Board shall be composed of one representative of each Member State and two representatives of the Commission. Each of those representatives shall have the right to vote. 2. The Management Board shall include one representative of the UNHCR. That representative shall not have the right to vote. 3. Each member of the Management Board shall have an alternate. An alternate shall represent a member of the Management Board in his or her absence. 4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge and expertise in the field of asylum, taking into account relevant managerial, administrative and budgetary skills. All parties involved shall aim to achieve a balanced representation between men and women on the Management Board. 5. The term of office for members of the Management Board shall be 4 years. That term shall be renewable. On the expiry of their term of office or in the event of their resignation, members shall remain in office until their term of office is renewed or until they are replaced.
Functions of the Management Board
1. The Management Board shall give general orientation for the Agency’s activities and shall ensure that the Agency performs its tasks. In particular, the Management Board shall: (a) adopt the annual budget of the Agency by a majority of two-thirds of its members with the right to vote and exercise other functions in respect of the Agency’s budget pursuant to Chapter 9; (b) adopt a consolidated annual report on the Agency’s activities, send it, by 1 July each year, to the European Parliament, to the Council, to the Commission and to the Court of Auditors, and make it public; (c) adopt the financial rules applicable to the Agency in accordance with Article 56; (d) take all decisions for the purpose of fulfilling the Agency’s mandate as laid down in this Regulation; (e) adopt an anti-fraud strategy, which shall be proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented as part of that strategy; (f) adopt rules for the prevention and management of conflicts of interest in respect of its members; (g) adopt and regularly update the communication and dissemination plans referred to in Article 2(2) on the basis of a needs analysis; (h) adopt its rules of procedure; (i) exercise, in accordance with paragraph 2, with respect to the Agency’s staff, the powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment on the authority empowered to conclude a contract of employment (the ‘appointing authority powers’); (j) adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations; (k) appoint the Executive Director and Deputy Executive Director, exercise disciplinary authority over them and, where necessary, extend their terms of office or remove them from office in accordance with Articles 46 or 48, as appropriate; (l) appoint the fundamental rights officer, subject to the Staff Regulations and the Conditions of Employment, from a selection of candidates proposed by the Executive Director; (m) appoint an accounting officer, subject to the Staff Regulations and the Conditions of Employment, who shall be completely independent in the performance of his or her duties; (n) adopt an annual report on the situation of asylum in the Union in accordance with Article 69; (o) take all decisions on the development of the information systems provided for in this Regulation, including the information portal referred to Article 9(2), point (b); (p) adopt the detailed rules for the application of Regulation (EC) No 1049/2001 in accordance with Article 63 of this Regulation; (q) take measures for the application of Regulation (EU) 2018/1725 by the Agency, including measures concerning the appointment of the Agency’s data protection officer; (r) adopt the Agency’s staff policy in accordance with Article 60; (s) adopt each year the Agency’s programming document in accordance with Article 42; (t) take all decisions on the establishment of the Agency’s internal structures and, where necessary, their modification; (u) ensure adequate follow-up to findings and recommendations stemming from internal or external audit reports and evaluations, as well as from investigations by the European Anti-Fraud Office (OLAF); (v) adopt the operational standards, indicators, guidelines and best practices developed by the Agency in accordance with Article 13(2); (w) endorse the guidance notes concerning country-of-origin information and any review or update of those guidance notes in accordance with Article 11(2) and (4); (x) adopt a decision establishing a common methodology for the monitoring mechanism referred to in Article 14; (y) adopt the programme for monitoring the operational and technical application of the CEAS in accordance with Article 15(1); (z) adopt the recommendations following a monitoring exercise in accordance with Article 15(4); (aa) decide on the profiles and overall numbers of experts to be made available for asylum support teams and for the asylum reserve pool in accordance with Article 19(2) and (6); (ab) adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent, as well as a working arrangement with the Commission for its implementation; (ac) authorise and approve the conclusion of working arrangements in accordance with Articles 35, 37 and 38. 2. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment, delegating relevant appointing authority powers to the Executive Director and establishing the conditions under which that delegation of appointing authority powers can be suspended. The Executive Director shall be authorised to sub-delegate the appointing authority powers. Where exceptional circumstances so require, the Management Board may, by way of a decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the Executive Director and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director. 3. The Management Board may establish a small-sized Executive Board to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board. Where necessary, the Executive Board may take certain provisional, urgent decisions on behalf of the Management Board, in particular on administrative management matters. The Executive Board shall not take decisions that are required to be passed by a majority of either two-thirds or three-fourths of the members of the Management Board. The Management Board may delegate certain clearly defined tasks to the Executive Board, in particular where such a delegation would improve the efficiency of the Agency. The Management Board shall not delegate to the Executive Board tasks related to decisions that are required to be passed by a majority of either two-thirds or three-fourths of the members of the Management Board. For the purposes of establishing the Executive Board, the Management Board shall adopt its rules of procedure. Those rules of procedure shall, in particular, cover the composition and functions of the Executive Board.
Multi-annual programming and annual work programmes
1. The Management Board shall send a draft version of a programming document containing the multi-annual and annual programming, based on a draft put forward by the Executive Director, to the European Parliament, to the Council and to the Commission by 31 January each year. The Management Board shall likewise send any later updated draft versions of the programming document to the European Parliament, to the Council and to the Commission. By 30 November each year, the Management Board shall adopt, by a majority of two-thirds of its members with the right to vote, the programming document, taking into account the opinion of the Commission and, in the case of the multi-annual programming, after consulting the European Parliament. The Management Board shall forward the programming document to the European Parliament, to the Council and to the Commission. The programming document shall become final after the definitive adoption of the general budget of the Union and, if necessary, shall be adjusted accordingly. 2. The multi-annual programming shall set out the overall strategic programming in the medium and long-term including objectives, expected results and performance indicators. The multi-annual programming shall also set out resource programming, including a multi-annual budget and staff numbers. The multi-annual programming shall set the strategic areas of intervention and explain what needs to be done to achieve the objectives set out therein. The multi-annual programming shall include the strategy for relations with third countries and international organisations referred to in Articles 35 and 38, respectively, the actions linked to that strategy and a specification of the associated resources. The multi-annual programming shall be implemented by means of annual work programmes. The multi-annual programming shall be updated annually and where appropriate, in particular to address the outcome of the evaluation referred to in Article 70. 3. The annual work programme shall comprise detailed objectives and expected results including performance indicators. The annual work programme shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each activity, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be consistent with the multi-annual programming referred to in paragraph 2. The annual work programme shall clearly indicate the tasks that have been added, changed or deleted in comparison with the previous financial year. 4. The Management Board shall amend the annual work programme when the Agency is given a new task. Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.
Chairperson of the Management Board
1. The Management Board shall elect a Chairperson and a Deputy Chairperson from its members with the right to vote. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with the right to vote. The Deputy Chairperson shall automatically replace the Chairperson if he or she is prevented from attending to his or her duties. 2. The term of office of the Chairperson and the Deputy Chairperson shall be 4 years, renewable once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
Meetings of the Management Board
1. The Chairperson shall convene meetings of the Management Board. 2. The Executive Director shall take part in the deliberations of the Management Board, without the right to vote. 3. The representative of the UNHCR shall not take part in any meetings during which the Management Board performs the functions laid down in Article 41(1), point (e), (f), (i), (j), (k), (p), (r), (s), (t) or (u), or in Article 41(2), and when the Management Board decides to make financial resources available for financing UNHCR activities as provided for in Article 52 to enable the Agency to benefit from the UNHCR’s expertise. 4. The Management Board shall hold at least two ordinary meetings a year. In addition, the Management Board shall meet on the initiative of its Chairperson, at the request of the Commission or at the request of one-third of its members. 5. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer. 6. Denmark shall be invited to send a representative to attend the meetings of the Management Board. 7. The members and the alternates of the Management Board may, subject to its rules of procedure, be assisted at the meetings by advisers or experts. 8. The Agency shall provide the secretariat for the Management Board.
Voting rules of the Management Board
1. Unless otherwise provided, the Management Board shall take its decisions by an absolute majority of its members with the right to vote. 2. Each member with the right to vote shall have one vote. In the absence of a member with the right to vote, his or her alternate shall be entitled to exercise his or her right to vote. 3. The Chairperson shall take part in the voting. 4. The Executive Director shall not take part in the voting. 5. Representatives of Member States that do not fully participate in the Union acquis in the field of asylum shall not vote where the Management Board is called on to adopt operational standards, indicators, guidelines or best practices which relate exclusively to a Union asylum instrument by which the Member States they represent are not bound. 6. The Management Board’s rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member.
Executive Director
1. The Executive Director shall be a member of staff and shall be recruited as a temporary agent of the Agency in accordance with Article 2, point (a), of the Conditions of Employment. 2. The Commission shall propose at least three candidates for the post of executive director based on a list following publication of the post in the Official Journal of the European Union and, as appropriate, other press or internet sites. 3. The Management Board shall appoint the Executive Director on the grounds of merit, documented high-level administrative and management skills and senior professional experience in the field of migration and asylum. Before appointment, the candidates proposed by the Commission shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by the members of that committee or those committees. Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. The Management Board shall appoint the Executive Director, taking the opinion of the European Parliament referred to in the second subparagraph into account. If the Management Board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the Management Board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the Chairperson of the Management Board. 4. The term of office of the Executive Director shall be 5 years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and the Agency’s future tasks and challenges. 5. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once for no more than 5 years. 6. The Management Board shall inform the European Parliament if it intends to extend the Executive Director’s term of office. Within the 1-month period before any such extension, the Executive Director may be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by the members of that committee or those committees. 7. An Executive Director whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the overall period. 8. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. 9. The Management Board shall take decisions on the appointment, extension of the term of office or removal from office of the Executive Director by a two-thirds majority of its members with the right to vote.
Responsibilities of the Executive Director
1. The Executive Director shall manage the Agency. The Executive Director shall be accountable to the Management Board. 2. Without prejudice to the powers of the Commission and the Management Board, the Executive Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government, institution, person or other body. 3. The Executive Director shall report to the European Parliament on the performance of his or her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his or her duties. 4. The Executive Director shall be the legal representative of the Agency. 5. The Executive Director shall be responsible for the implementation of the tasks assigned to the Agency by this Regulation. In particular, the Executive Director shall be responsible for: (a) the day-to-day administration of the Agency; (b) implementing decisions adopted by the Management Board; (c) preparing programming documents referred to in Article 42 and submitting them to the Management Board after consulting the Commission; (d) implementing programming documents referred to in Article 42 and reporting to the Management Board on their implementation; (e) preparing consolidated annual reports on the Agency’s activities and presenting them to the Management Board for adoption; (f) preparing an action plan following-up conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF, and reporting on progress twice a year to the Commission and regularly to the Management Board and, if applicable, to the Executive Board; (g) without prejudice to the investigative competence of OLAF, protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative and financial penalties; (h) preparing an anti-fraud strategy for the Agency and presenting it to the Management Board for approval; (i) preparing the draft financial rules applicable to the Agency; (j) drawing up provisional draft statements of estimates of the Agency’s revenue and expenditure in accordance with Article 53, and implementing its budget; (k) exercising the powers laid down in Article 60 in respect of the Agency’s staff; (l) taking all decisions on the management of the information systems provided for in this Regulation, including the information portal referred to in Article 9(2), point (b); (m) taking all decisions on the management of the Agency’s internal structures; (n) drafting reports on the situation in third countries as referred to in Article 9; (o) submitting the common analysis and guidance notes to the Management Board in accordance with Article 11(2); (p) setting up teams of experts for the purpose of Articles 14 and 15 which shall be composed of experts from the Agency’s own staff, the Commission and, where necessary, the Member States and, as observers, the UNHCR; (q) initiating a monitoring exercise in accordance with Article 15(2); (r) submitting the findings and draft recommendations in the context of a monitoring exercise to the Member State concerned and subsequently to the Management Board in accordance with Article 15(3) and (4); (s) reporting to the Management Board and to the Commission in accordance with Article 4(5); (t) evaluating, approving and coordinating requests for operational and technical assistance in accordance with Article 16(1) and Article 20; (u) ensuring the implementation of operational plans as referred to in Article 18; (v) ensuring coordination of the Agency’s activities in the migration management support teams with the Commission and other relevant Union bodies, offices and agencies in accordance with Article 21(1); (w) ensuring the implementation of Council decisions as referred to in Article 22(2); (x) deciding, in consultation with the Management Board, on the acquisition or lease of technical equipment in accordance with Article 23(2); (y) proposing a selection of candidates for appointment as the fundamental rights officer in accordance with Article 49(1); (z) appointing a coordinating officer of the Agency in accordance with Article 25(2).
Deputy Executive Director
1. A Deputy Executive Director shall assist the Executive Director in the management of the Agency and in the performance of the tasks referred to in Article 47(5). If the Executive Director is absent or indisposed, the Deputy Executive Director shall take his or her place. 2. The Management Board shall appoint the Deputy Executive Director on a proposal of the Executive Director. The Deputy Executive Director shall be appointed on the grounds of merit, appropriate administrative and management skills, and relevant professional experience in the field of asylum. The Executive Director shall propose at least three candidates for the post of Deputy Executive Director. The Management Board shall have the power to extend the term of office of the Deputy Executive Director or to remove the Deputy Executive Director from office acting on the proposal from the Executive Director. Article 46(1), (4), (7) and (9) shall apply mutatis mutandis to the Deputy Executive Director.
Fundamental rights officer
1. The Management Board shall appoint a fundamental rights officer from a selection of candidates proposed by the Executive Director. The fundamental rights officer shall have the necessary qualifications and experience in the field of fundamental rights and asylum. 2. The fundamental rights officer shall be independent in the performance of his or her duties and shall report directly to the Management Board. 3. The fundamental rights officer shall be responsible for ensuring the Agency’s compliance with fundamental rights in all of its activities and promoting respect by the Agency of fundamental rights. The fundamental rights officer shall also be responsible for implementing the complaints mechanism referred to in Article 51. 4. The fundamental rights officer shall cooperate with the Consultative Forum. 5. The fundamental rights officer shall be consulted on, inter alia, operational plans as referred to in Article 18, evaluation of the Agency’s operational and technical assistance, the code of conduct referred to in Article 58 and the European asylum curriculum referred to in Article 8(3). The fundamental rights officer shall have access to all information concerning respect for fundamental rights in relation to all the Agency’s activities, including by organising visits, with the consent of the Member State concerned, to the places where the Agency carries out operational activities.
Consultative Forum
1. The Agency shall maintain a close dialogue with relevant civil society organisations and relevant competent bodies operating in the field of asylum policy at local, regional, national, Union or international level. For that purpose, the Agency shall set up a Consultative Forum. 2. The Consultative Forum shall constitute a mechanism for the exchange of information and the sharing of knowledge. The Consultative Forum shall ensure a close dialogue between the Agency and relevant organisations and bodies referred to in paragraph 1. 3. The Agency shall invite the European Union Agency for Fundamental Rights, the European Border and Coast Guard Agency, the UNHCR and other relevant organisations and bodies referred to in paragraph 1 to be members of the Consultative Forum. On a proposal of the Executive Director, the Management Board shall decide on the composition of the Consultative Forum, including on thematic or geographically focused consultation groups, and on the conditions for transmitting information to the Consultative Forum. The Consultative Forum shall, after consulting the Management Board and the Executive Director, establish its working methods, including thematic or geographically focused working groups as deemed necessary and useful. 4. The Consultative Forum shall advise the Executive Director and the Management Board on asylum-related matters in accordance with the Agency’s specific needs in areas identified as a priority for its work. 5. The Consultative Forum shall, in particular: (a) make suggestions to the Management Board on the annual and multi-annual programming referred to in Article 42; (b) provide feedback to the Management Board and suggest measures as follow-up to the annual report on the situation of asylum in the Union referred to in Article 69; and (c) communicate to the Executive Director and the Management Board the conclusions and recommendations of conferences, seminars and meetings, and the findings from studies or field work carried out by any of the member organisations or bodies of the Consultative Forum which is relevant to the work of the Agency. 6. The Consultative Forum shall be consulted on the preparation, adoption and implementation of the fundamental rights strategy referred to in Article 57(3) and the code of conduct referred to in Article 58, the setting up of the complaints mechanism referred to in Article 51 and the development of the European asylum curriculum referred to in Article 8(3). 7. The Consultative Forum shall meet in full session at least once a year and shall organise meetings for the thematic or geographically focused consultation groups as necessary.
Complaints mechanism
1. The Agency shall set up a complaints mechanism to ensure that fundamental rights are respected in all of the Agency’s activities. 2. Any person who is directly affected by the actions of an expert participating in an asylum support team, and who considers that his or her fundamental rights have been violated due to those actions, or any party representing such a person, may submit a complaint in writing to the Agency. 3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which challenge a national authority’s decision on an individual application for international protection shall be inadmissible. Complaints which are anonymous, abusive, malicious, frivolous, vexatious, hypothetical or inaccurate shall also be inadmissible. 4. The fundamental rights officer shall be responsible for handling complaints received by the Agency and shall do so in accordance with the right to good administration. For that purpose, the fundamental rights officer shall: (a) review the admissibility of a complaint; (b) register admissible complaints; (c) forward all registered complaints to the Executive Director; (d) forward complaints concerning experts participating in an asylum support team to the home Member State; (e) inform the relevant authority or body competent for fundamental rights in a Member State of a complaint; and (f) register and ensure follow-up by the Agency or the Member State concerned. 5. In accordance with the right to good administration, where a complaint is admissible, the complainant shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. Where a complaint is forwarded to a national authority or body, the complainant shall be provided with the contact details of that authority or body. Where a complaint is inadmissible, the complainant shall be informed of the reasons for the inadmissibility and, where possible, provided with further options for addressing his or her concerns. Any decision shall be in writing and reasoned. 6. In the case of a registered complaint concerning a staff member of the Agency, the Executive Director shall ensure appropriate follow-up, in consultation with the fundamental rights officer, including disciplinary measures as necessary. The Executive Director shall report within a determined timeframe to the fundamental rights officer on the findings and follow-up made by the Agency in response to a complaint, including any disciplinary measures. 7. Where a complaint is related to data protection issues, the Executive Director shall involve the Agency’s data protection officer. The fundamental rights officer and the data protection officer shall establish, in writing, a memorandum of understanding specifying the division of tasks between them and the way in which they cooperate as regards complaints received. 8. In the case of a complaint concerning an expert of a Member State, including seconded national experts, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The home Member State shall report to the fundamental rights officer on the findings and follow-up made in response to a complaint within a determined time period and, if necessary, at regular intervals thereafter. The Agency shall follow the matter up where no report is received from the home Member State. 9. Where an expert deployed by a Member State, including seconded national experts, is found to have violated fundamental rights or international protection obligations, the Executive Director shall request the Member State to remove that expert or seconded national expert immediately from the activities of the Agency. Where an expert deployed by the Agency is found to have violated fundamental rights or international protection obligations, the Executive Director shall remove that expert from the activities of the Agency. 10. The fundamental rights officer shall report to the Executive Director and to the Management Board on the findings and follow-up made by the Agency and the Member States concerned in response to a complaint. The Agency shall include information on the complaints mechanism in its annual report on the situation of asylum in the Union referred to in Article 69. 11. The Agency, including the fundamental rights officer, shall handle and process any personal data contained in a complaint in accordance with Regulation (EU) 2018/1725. Member States shall handle and process any personal data contained in a complaint in accordance with Regulation (EU) 2016/679 or Directive (EU) 2016/680, as appropriate. When a complainant submits a complaint, that complainant shall be deemed to have consented to the processing of his or her personal data by the Agency and the fundamental rights officer within the meaning of Article 5(1), point (d), of Regulation (EU) 2018/1725. In order to safeguard the interests of complainants, the fundamental rights officer shall deal confidentially with complaints in accordance with national and Union law unless the complainant explicitly waives his or her right to confidentiality. Where a complainant waives his or her right to confidentiality, that complainant shall be deemed to have consented to the disclosure, where necessary, by the fundamental rights officer or the Agency of his or her identity to the competent authorities or bodies in relation to the subject of the complaint.
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