Changes from plenary report to adopted text

AddedCHAPTER IV ORGANISATION OF THE AGENCY

AddedArticle 14 Administrative and management structure

AddedThe Agency's administrative and management structure shall comprise:

Added(a) a Management Board, which shall exercise the functions set out in Article 16;

Added(b) an Executive Board, which shall exercise the functions set out in Article 21;

Added(c) an Executive Director, who shall exercise the duties set out in Article 23.

AddedArticle 15 Composition of the Management Board

Added1. The Management Board shall be composed of one representative of each Member State and four representatives of the Commission, all with voting rights.

AddedThe Management Board shall also include as well as of four professionals from the sectors most concerned, as referred to in Article 2, appointed by the Commission, without the right to vote. [Am. 57]

AddedThe Management Board shall also include two representatives of the European Parliament, acting as observers, without voting rights. [Am. 58]

AddedAll Management Board members shall be appointed on the basis of their degree of 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 accident investigation bodies in accordance with Article 10 of Directive 2009/18/EC.

Added2. Each Member State, the European Parliament 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. [Am. 59]

Added3. The duration of the term of office shall be four years. The term of office may be renewed.

Added4. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests. The Agency shall publish the statements and updates on its website.

AddedArticle 16 Functions of the Management Board

Added1. In order to ensure that the Agency carries out its tasks, the Management Board shall:

Added(a) give the general and strategic orientations for the Agency's activities;

Added(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;

Added(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;

Added(d) adopt, by a two-thirds majority of its members with voting rights, the consolidated annual activity report on the Agency’s activities and forward it each year by 1 July to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States. The report shall be made public;

Added(e) adopt the financial rules applicable to the Agency in accordance with Article 25;

Added(f) deliver an opinion on the Agency's final accounts ;

Added(g) establish the methodology for the visits to be carried out pursuant to Article 10. In the event that the Commission expresses, within 15 days from the date of adoption of the methodology, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States; [Am. 60]

Added(h) consider and approve administrative arrangements, as referred to in Article 11 (5);

Added(i) adopt an anti-fraud strategy, proportionate to fraud risks taking into account the costs and benefits of the measures to be implemented;

Added(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; [Am. 61]

Added(k) adopt and regularly update the communication and dissemination plans referred to in Article 13, based on an analysis of needs;

Added(l) adopt and make publicly available its rules of procedure; [Am. 62]

Added(m) appoint the members of the Executive Board, by a two-third majority of its members with voting rights, in accordance with Article 21;

Added(n) adopt a mandate for the tasks of the Executive Board referred to in Article 21;

Added(o) in accordance with paragraph 2, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment;

Added(p) 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;

Added(q) 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 in accordance with Article 22;

Added(r) establish procedures for decision-making by the Executive Director;

Added(s) 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;

Added(t) 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);

Added(u) take all decisions on the establishment of the Agency's internal structures, including the set-up of advisory or working groups and, where necessary, their modification taking into consideration the Agency's activity needs and having regard to sound budgetary management; [Am. 63]

Added(v) decide on the services that the Agency may offer against fees and charges and a adopt a framework model for the financial apportionment of the fees and charges payable as referred to in Article 26(3), point (c). In the event that the Commission expresses, within 15 days from the date of adoption of the Management Board’s decision concerning the services offered against fees or the framework model, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States; [Am. 64]

Added(w) adopt an efficiency gains and synergies strategy;

Added(x) adopt a strategy for cooperation with third countries or international organisations, or both, referred to in Article 11 (6). In the event that the Commission expresses, within 15 days from the date of adoption of the strategy, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States; [Am. 65]

Added(y) adopt the internal security rules of the Agency referred to in Article 41;

Added(z) appoint the data protection officer of the Agency.

Added2. 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.

AddedWhere 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 latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

AddedArticle 17 Annual and multi-annual programming

Added1. By 30 November each year the Management Board shall adopt a single programming document containing multi-annualmultiannual and annual programming, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and in relation to multiannual programming after consulting the European Parliament. If the Management Board decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification. The obligation to provide a thorough justification shall also apply to the elements raised by the European Parliament during the consultation. The management board It shall forward itthe single programming document to the European Parliament, the Council and the Commission by 31 January of the following year. [Am. 66]

AddedIn 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, in second reading either with a two-thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States. [Am. 67]

Added2. The single programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

Added3. 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 coherent with the multi-annual work programme referred to in paragraph 7. 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.

Added4. 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 to postpone other tasks.

Added5. 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 5(5) to (8), Article 8(6) and (7), Article 9(3), Article 10(4) and Article 11(2) and (4). The approval of such requests shall:

Added(a) not be detrimental to the other tasks of the Agency;

Added(b) shall avoid duplication of efforts;

Added(c) shall be subject to an analysis of the human and budgetary resources implications; and

Added(d) may be subject to a decision to postpone other tasks.

Added6. 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.

Added7. 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.

Added8. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 41.

AddedArticle 18 Chairperson of the Management Board

Added1. 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 majority of two thirds of the members of the Management Boards with voting rights.