1. In order to ensure that the Agency carries out its tasks, the Management Board shall:
(a)
give general and strategic orientations for the Agency’s activities;
(b)
adopt each year, by a two-thirds majority of its members with voting rights, after having received the opinion of the Commission and in accordance with Article 17, the single programming document of the Agency;
(c)
adopt, by a two-thirds majority of its members with voting rights, the annual budget and the staff establishment plan of the Agency, and exercise other functions in respect of the Agency’s budget pursuant to Chapter VI;
(d)
adopt, by a two-thirds majority of its members with voting rights, the consolidated annual activity report on the Agency’s activities, submit it each year by 1 July to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States and make it public;
(e)
adopt the financial rules applicable to the Agency in accordance with Article 24;
(f)
deliver an opinion, by a two-thirds majority of its members with voting rights, on the Agency’s final accounts;
(g)
establish the methodology for the visits to be carried out pursuant to Article 10;
(h)
consider and approve administrative arrangements, in accordance with Article 11(5);
(i)
adopt an anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented;
(j)
adopt and make publicly available the rules for the prevention and management of conflicts of interest in respect of its members and publish annually on its website the declaration of interests of the Management Board members;
(k)
adopt rules and procedures on transparency as regards lobbying activities and the involvement of third entities in the preparation of reports or other documents issued by the Agency, in particular those concerning such third entities, to be published on its website;
(l)
adopt and regularly update the communication and dissemination plans referred to in Article 13, based on an analysis of needs;
(m)
adopt its rules of procedure, by a two-thirds majority of its members with voting rights, and make them publicly available;
(n)
in accordance with paragraph 2, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials of the European Union (‘Staff Regulations’) on the Appointing Authority and by the Conditions of Employment of Other Servants of the Union (‘Conditions of Employment of Other Servants’) on the Authority Empowered to Conclude a Contract of Employment, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 32 ) ;
(o)
adopt implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110(2) of the Staff Regulations;
(p)
appoint, provide guidance and monitor the performance of the Executive Director and where relevant extend his or her term of office or remove him or her from office, by a two-thirds majority of its members with voting rights, in accordance with Article 21;
(q)
establish procedures for decision-making by the Executive Director;
(r)
if appropriate, appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be totally independent in the performance of his or her duties;
(s)
ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO);
(t)
take all decisions on the establishment of the Agency’s internal structures by a two-thirds majority of its members with voting rights, including the set-up of advisory or working groups without decision-making powers and, where necessary, their modification, having regard to sound budgetary management;
(u)
authorise, by a two-thirds majority of its members with voting rights, the arrangements for the participation of third countries in the work of the Agency, in accordance with Article 23;
(v)
adopt an efficiency gains and synergies strategy;
(w)
adopt the internal security rules of the Agency referred to in Article 36;
(x)
appoint the data protection officer of the Agency.
For the purposes of the first subparagraph, point (g), in the event that the Commission expresses, within 15 days of the date of adoption of that methodology, its disagreement, the Management Board shall re-examine and establish it, possibly amended, at second reading either with a two-thirds majority of its members with voting rights, including the Commission representatives, or by unanimity of the representatives of the Member States.
2. The Management Board shall adopt, in accordance with Article 110(2) of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.
Where exceptional circumstances so require, the Management Board may, by way of a decision, temporarily suspend the delegation of appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
