Changes from plenary report to adopted text

Added2. The Deputy Chairperson shall automatically take the place of the Chairperson if he or she is prevented from attending to Chairperon’s duties.

Added3. The terms of office of the Chairperson and Deputy Chairperson shall be four years. Their term of office may be renewed once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

AddedArticle 19 Meetings of the Management Board

Added1. Meetings of the Management Board shall be conducted in accordance with its rules of procedure and convened by its Chairperson.

Added2. The Executive Director of the Agency shall take part in the deliberations except when his or her participation may lead to a conflict of interests, as decided by the Chairperson, or when the Management Board is to take a decision, in accordance with Article 35.

Added3. 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 Statesits members. [Am. 68]

Added4. 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.

Added5. The Management Board may invite any person whose opinion can be of interest to attend its meetings as an observer.

Added6. The members of the Management Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts.

Added7. The secretariat for the Management Board shall be provided by the Agency.

AddedArticle 20 Voting rules of the Management Board

Added1. The Management Board shall take its decisions by absolute majority of its members with voting rights, except if provided otherwise in this Regulation.

Added2. The decisions referred to in Article 16(1) points (c) to (e) and points (i), (j), (n), (o), (p), (q), (t), (u) and in Article 16(2) may only be taken if the representatives of the Commission cast a positive vote. For the purposes of taking the decisions referred to in Article 16(1), point (b), the positive vote of the representative of the Commission shall only be required on the elements of the decision not related to the annual and multi-annual working programme of the Agency. [Am. 69]

Added3. Each member with voting rights shall have one vote. The Executive Director of the Agency shall not vote. [Am. 70]

Added4. In the absence of a member, his or her alternate shall be entitled to exercise the member’s right to vote.

Added5. The rules of procedure shall establish more detailed voting arrangements, including the conditions for a member to act on behalf of another member.

AddedArticle 21 Executive Board

Added1. The Management Board shall be assisted by an Executive Board.

Added2. The Executive Board shall :

Added(a) supervise the implementation of the decisions of the Management Board on administrative and budgetary management;.

Added(aa) decide on those matters provided for in the financial rules adopted pursuant to Article 25 that are not reserved to the Management Board by this Regulation; [Am. 71]

Added(b) prepare decisions to be adopted by the Management Board;

Added(c) ensure, together with the Management Board, adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of OLAF and of the EPPO.

Added3. When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.

Added4. The Executive Board shall be composed of the Chairperson and the deputy Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members with the right to vote. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The Executive board may invite other observers to attend its meetings. [Am. 72]

Added5. The term of office of members of the Executive Board shall be four years with the possibility to be renewed. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.

Added6. The Executive Board shall hold at least one ordinary meeting every three months. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.

Added6a. The Executive Board shall take its decisions by consensus. If the Executive Board is not in a position to take a decision by consensus, the matter shall be referred to the Management Board. [Am. 73]

Added7. The Management Board shall lay down the rules of procedure of the Executive Board.

AddedCHAPTER V EXECUTIVE DIRECTOR

AddedArticle 22 Appointment, extension of the term of office and removal from office

Added1. The Executive Director shall be appointed by the Management Board on the basis of merit and, skills, expertise and proven competence and experience relevant to 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. [Am. 74]

Added1a. 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. [Am. 75]

Added2. For the purpose of concluding the contract of the Executive Director, the Agency shall be represented by the Chairperson of the Management Board.

Added3. 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.

Added4. The Management Board, acting on a proposal from the Commission, taking into account the assessment referred to in paragraph 3, 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 mandate. Before the Management Board takes a decision to extend the mandate, 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. [Am. 76]

Added5. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post.

Added6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. The European Parliament and the Council shall be informed in a manner that complies with the applicable confidentiality requirements, about the reasons for such a decision. [Am. 77]

Added6a. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members with voting rights. [Am. 78]

Added7. 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.

AddedArticle 23 Tasks and responsibilities of the Executive Director

Added1. The Executive Director shall manage the Agency in accordance with the decisions of the Management Board and shall be accountable to the Management Board.

Added2. Without prejudice to the powers of the Commission, the Management Board, and the Executive 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.

Added3. The Executive Director shall report to the European Parliament on the performance of his/her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties.

Added4. The Executive Director shall be the legal representative of the Agency. Therefore, the Executive Director shall: [Am. 79]

Added(a) provide for technical assistance and expertise to the Commission and the Member States in the context of the IMO; [Am. 80]

Added(b) be accountable to the Management Board of the Agency, when taking politically sensitive decisions in the interest of the Union. [Am. 81]

Added5. 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:

Added(a) ensure the sustainable and efficient day-to-day administration of the Agency; [Am. 82]

Added(b) organise, direct and supervise the operations and the staff of the Agency within the limits of the decisions of the Management Board;

Added(c) prepare and implement the decisions adopted by the Management Board;

Added(d) prepare draft financial rules applicable to the Agency for adoption by the Management Board;

Added(e) draw up estimates of the Agency's revenue and expenditure, in accordance with Article 27, and implementing the budget in accordance with Article 28;

Added(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;

Added(g) implement the single programming document, assessing progress compared to the relevant indicators and report to the Management Board on its implementation;

Added(h) prepare the Agency’s consolidated annual activity report and present it to the Management Board for assessment and adoption;

Added(i) respond to any requests for assistance in accordance with Article 17(5);

Added(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);

Added(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;

Added(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 the provisions of this Regulation;