Appointment of the Executive Director
1. The Executive Director shall be engaged as a temporary agent of the Authority under Article 2, point (a), of the Conditions of Employment of Other Servants.
2. The Executive Director shall perform his or her duties in the interest of the Union, and independently of any specific interests.
3. The Executive Director shall manage the Authority. The Executive Director shall be accountable to the Executive Board. Without prejudice to the powers of the Commission and of the Executive Board, the Executive Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any Union institutions, bodies, offices or agencies, nor from any government or from any other public and private body.
4. The Executive Director shall be selected on the grounds of merit and documented high-level administrative, budgetary and management skills, following an open selection procedure which shall be published in the Official Journal of the European Union and, as appropriate, other press or internet sites. The Commission shall draw up a shortlist of at least two qualified candidates for the position of Executive Director. The Executive Board shall appoint the Executive Director.
5. The term of office of the Executive Director shall be five years. In the course of the nine months preceding the end of the Executive Director’s term of office, the Executive Board shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and the Authority’s future tasks and challenges. The Executive Board, taking into account the evaluation, may extend the term of office of the Executive Director once.
The Executive Director may be removed from office by the Executive Board on the proposal of the Commission.
6. 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 extended term of office.
Tasks of the Executive Director
1. The Executive Director shall be responsible for the day-to-day management of the Authority and shall aim to ensure gender and, to the extent possible, geographical balance within the Authority. In particular, the Executive Director shall be responsible for:
(a)
implementing decisions adopted by the Executive Board;
(b)
preparing the draft single programming document and submitting it to the Executive Board after consulting the Commission;
(c)
implementing the single programming document and reporting to the Executive Board on its implementation;
(d)
preparing the draft consolidated annual report on the Authority’s activities and presenting it to the Executive Board for assessment and adoption;
(e)
preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF, and regularly reporting on progress to the Commission, the General Board and the Executive Board;
(f)
protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative penalties, including financial penalties;
(g)
preparing an anti-fraud strategy for the Authority and presenting it to the Executive Board for approval;
(h)
preparing draft financial rules applicable to the Authority;
(i)
preparing, as part of the draft single programming document, the Authority’s draft statement of estimates of revenue and expenditure pursuant to Article 78 and implementing its budget pursuant to Article 79;
(j)
preparing and implementing an IT security strategy, ensuring appropriate risk management for all IT infrastructure, systems and services, which are developed or procured by the Authority as well as sufficient IT security funding;
(k)
implementing the annual work programme of the Authority under the control of the Executive Board;
(l)
preparing a draft report describing all activities of the Authority, with a section on financial and administrative matters.
2. The Executive Director shall take other necessary measures, notably the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Authority, in accordance with this Regulation.
3. The Executive Director shall decide whether it is necessary to locate one or more staff members in one or more other Member States for the purpose of carrying out the Authority’s tasks in an efficient and effective manner. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Executive Board and any Member State concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Authority. An agreement with the Member State or Member States concerned shall be concluded accordingly.
