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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 16; (b) an Executive Director, who shall exercise the duties set out in Article 22.
Composition of the Management Board
1. The Management Board shall be composed of one representative of each Member State and four representatives of the Commission, all with voting rights. The Management Board shall also include four professionals from the sectors most concerned by the objectives of the Agency, as provided for in Article 2, appointed by the Commission, without the right to vote. All Management Board members shall be appointed on the basis of the degree of their relevant experience and expertise in the areas referred to in Article 2. The Member States and the Commission shall each strive for a balanced representation between men and women on the Management Board. One of the four professionals shall be a representative of the permanent cooperation framework of marine safety investigation authorities referred to in Article 10 of Directive 2009/18/EC. 2. Each Member State and the Commission shall appoint their members of the Management Board as well as an alternate who will represent the member in his or her absence. 3. The duration of the term of office of the members of the Management Board shall be four years. The term of office of the members of the Management Board may be renewed. 4. Each member and alternate of the Management Board shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interest. Each member and alternate of the Management Board shall update his or her statement in the case of a change of circumstances with regard to any conflict of interest. The Agency shall publish those statements and updates on its website.
Functions of the Management Board
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.
Annual and multi-annual programming
1. By 30 November each year the Management Board shall adopt a single programming document containing annual and multi-annual programming, based on a draft presented by the Executive Director, taking into account the opinion of the Commission. The Management Board shall submit it to the European Parliament, the Council and the Commission. In the event that the Commission expresses, within 15 days from the date of adoption of the single programming document, its disagreement with the document, the Management Board shall re-examine the single programming document and adopt it, possibly amended, within a period of two months of the Commission’s expression of disagreement, 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 single programming document shall become definitive after final adoption of the general budget of the Union and, if necessary, shall be adjusted accordingly. 3. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be consistent with the multi-annual work programme. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. Annual or multi-annual programming, or both, shall include the strategy for relations with third countries or international organisations referred to in Article 11 and the actions linked to this strategy. 4. The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. The inclusion of such a new task shall be subject to an analysis of the human and budgetary resources implications and may be subject to a decision by the Management Board to postpone other tasks. 5. Notwithstanding the right of the Management Board to prioritise certain tasks and activities in the annual and multi-annual planning, the Management Board shall examine and approve, in the framework of the preparation of the single programming document, Commission’s or Member States’ requests for technical assistance, as referred to in Article 3(1), point (c), Article 3(2), point (b), Article 4(2), (9) and (10), Article 5(6), (8) and (10), Article 7(2), Article 8(6) and (7), Article 9(3), Article 10(4) and Article 11(2) and (4). The approval of such requests: (a) shall be without prejudice to the other tasks of the Agency; (b) shall avoid duplication of efforts; (c) shall be subject to an analysis of the human and budgetary resources implications; and (d) may be subject to a decision by the Management Board to postpone other tasks. 6. 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. 7. The multi-annual work programme shall set out overall strategic programming including objectives, expected results and performance indicators. It shall also set out resource programming including multi-annual budget and staff. 8. The strategic programming referred to in paragraph 7 of this Article shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 38. The resource programming referred to in paragraph 7 of this Article shall be updated annually.
Chairperson of the Management Board
1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights. The Chairperson and the Deputy Chairperson shall be elected by a two-thirds majority of the members of the Management Board with voting rights. 2. The Deputy Chairperson shall automatically take the place of the Chairperson if the Chairperson is prevented from attending to his or her duties. 3. The term of office of the Chairperson and of the Deputy Chairperson shall be four years, renewable once. If, however, the Chairperson’s or the Deputy Chairperson’s membership of the Management Board ends at any time during his or her term of office, his or her term of office shall automatically expire on that date.
Meetings of the Management Board
1. Meetings of the Management Board shall be conducted in accordance with its rules of procedure and convened by its Chairperson. 2. The Executive Director shall take part in the deliberations except where his or her participation may lead to a conflict of interest, as decided by the Chairperson, or where the Management Board is to take a decision in accordance with Article 32. 3. The Management Board shall hold an ordinary meeting twice a year. In addition, it shall meet on the initiative of the Chairperson or at the request of the Commission or of one-third of the Member States. 4. When a matter of confidentiality or a conflict of interest arises, the Management Board may decide to examine specific items on its agenda without the members concerned being present. This shall not affect the right of the Member States and of the Commission to be represented by an alternate or by any other person. Detailed rules for the application of this provision shall be laid down in the Management Board’s rules of procedure. 5. The Management Board may invite any person whose opinion can be of interest to attend specific agenda items of its meetings as an observer. 6. The members of the Management Board may, in accordance with its rules of procedure, be assisted by advisers or experts. 7. The secretariat for the Management Board shall be provided by the Agency.
Voting rules of the Management Board
1. The Management Board shall take its decisions by absolute majority of its members with voting rights, unless provided otherwise in this Regulation. 2. In the event that the Commission raises serious concerns on a decision proposal presented to the Management Board on matters related to Delegated Regulation (EU) 2019/715, the Staff Regulations and the Conditions of Employment of Other Servants, the Management Board shall postpone the adoption of the decision concerned. Within 15 days of the Commission’s raising of serious concerns on a decision proposal presented to the Management Board, the Management Board shall re-examine and adopt that decision, possibly amended, at second reading either by a two-thirds majority of its members with voting rights, including the Commission representatives, or by a four-fifths majority of the representatives of the Member States. 3. Each member of the Management Board shall have one vote. The Executive Director shall not vote. 4. In the absence of a member of the Management Board, his or her alternate shall be entitled to exercise the member’s right to vote. 5. The rules of procedure shall establish more detailed voting arrangements, including the conditions for a member of the Management Board to act on behalf of another member.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.