Appointment, extension of the term of office and removal from office
1. The Executive Director shall be appointed by the Management Board on grounds of merit and of documented competence and experience relevant for the maritime sector, from a list of candidates proposed by the Commission following an open and transparent selection procedure which shall respect the principle of gender balance and geographical balance.
2. Before appointment, the candidate selected by the Management Board shall be invited to make a statement to the competent committee of the European Parliament and to answer questions posed by its members.
3. For the purpose of concluding the contract of 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 five years. In due time before 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 and submit it to the Management Board for information together with the proposal for term of office renewal.
5. The Management Board, acting on a proposal from the Commission, taking into account the assessment referred to in paragraph 4, may extend once the term of office of the Executive Director, for not more than five years. The Management Board shall inform the European Parliament and the Council about its intention to extend the Executive Director’s term of office. Before the Management Board takes a decision to extend the term of office of the Executive Director, the Executive Director may be invited to make a statement to the competent committee of the European Parliament and to answer questions posed by its members.
6. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post.
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal which can be submitted by either the Commission or at least one third of the members of the Management Board with voting rights.
8. The Executive Director shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other Servants.
Tasks and responsibilities of the Executive Director
1. The Executive Director shall manage the Agency in accordance with the decisions of the Management Board and 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 the duties and shall neither seek nor take instructions from any government nor from any 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:
(a)
ensure the sustainable and efficient day-to-day administration of the Agency;
(b)
organise, direct and supervise the operations and the staff of the Agency within the limits of the decisions of the Management Board;
(c)
prepare and implement the decisions adopted by the Management Board;
(d)
prepare draft financial rules applicable to the Agency for adoption by the Management Board;
(e)
draw up a draft statement of estimates of the Agency’s revenue and expenditure, in accordance with Article 26, and implement the budget of the Agency in accordance with Article 27;
(f)
prepare the draft single programming document and submit it for adoption to the Management Board after consulting the Commission at least four weeks before the relevant Management Board meeting;
(g)
implement the single programming document, assessing progress compared to the relevant indicators and report to the Management Board on its implementation;
(h)
prepare the Agency’s consolidated annual activity report and present it to the Management Board for assessment and adoption;
(i)
respond to any requests for technical assistance in accordance with Article 17(5);
(j)
decide to carry out the visits and inspections provided for in Article 10, after consultation of the Commission and following the methodology for visits established by the Management Board in accordance with Article 16(1), point(g);
(k)
decide to enter into administrative arrangements with other Union bodies working in the Agency’s fields of activities provided that the draft arrangement has been submitted for consultation to the Commission first and the Management Board in accordance with Article 11(5) and provided that the Management Board has not objected within four weeks of its submission;
(l)
take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with this Regulation;
(m)
organise an effective monitoring system in order to be able to compare the Agency’s achievements with its objectives and tasks as laid down in this Regulation;
(n)
establish and ensure the functioning of an effective and efficient internal control system and report any significant change to it to the Management Board;
(o)
ensure the carrying out of risk assessments and risk management for the Agency;
(p)
prepare a follow-up action plan in relation to the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and EPPO, as referred to in Article 35, and report on progress twice a year to the Commission and regularly to the Management Board;
(q)
protect 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 and EPPO, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative, including financial, penalties;
(r)
prepare an anti-fraud strategy, an efficiency gains and synergies strategy, a strategy for cooperation with third countries or international organisations, or both, and a strategy for the organisational management and internal control systems, for the Agency and present it to the Management Board for approval;
(s)
promote diversity and ensure gender balance as regards the recruitment of the Agency’s staff;
(t)
recruit staff on the broadest possible geographical basis;
(u)
design and implement a communication policy for the Agency;
(v)
perform any other tasks entrusted or delegated to him or her by the Management Board or as may be required by this Regulation.
For the purposes of the first subparagraph, point (m), the Executive Director shall establish, in agreement with the Commission and the Management Board, tailored performance indicators allowing for an effective assessment of the results achieved. The Executive Director shall ensure that the Agency’s organisational structure be regularly adapted to the evolving needs within the available financial and human resources. In that regard, the Executive Director shall establish regular evaluation procedures that meet recognised professional standards.
Participation of third countries
1. The Agency shall be open to the participation of third countries which have entered into agreements with the Union, by which they have adopted and are applying Union law in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships.
2. Under the relevant provisions of those agreements, arrangements specifying the nature and the extent of the detailed rules for the participation by those third countries in the work of the Agency, including provisions on financial contributions and staff, shall be concluded by the Agency following the opinion of the Commission and the approval of the Management Board.
