Changes from plenary report to adopted text

Added(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. To that end, he or she shall establish, in agreement with the Commission and the Management Board, tailored performance indicators allowing for an effective assessment of the results achieved. He or she shall ensure that the Agency's organisational structure be regularly adapted to the evolving needs within the available financial and human resources. In this regard, he or she shall establish regular evaluation procedures that meet recognised professional standards;

Added(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;

Added(o) ensure the carrying out of risk assessments and risk management for the Agency;

Added(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 38, and report on progress twice a year to the Commission and regularly to the Management Board;

Added(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;

Added(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;

Added(s) promote diversity and ensure gender balance as regards the recruitment of the Agency’s staff;

Added(t) recruit staff on the broadest possible geographical basis;

Added(u) design and implement a communication policy for the Agency;

Added(v) perform any other tasks entrusted or delegated to him or her by the Management Board or as may be required by this Regulation.

AddedArticle 24 Participation of third countries

Added1. The Agency shall be open to the participation of third countries, which have entered into agreements with the Union, whereby they have adopted and are applying the Union law in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships.

Added2. Under the relevant provisions of those agreements, arrangements specifying the nature and the extent of the detailed rules for the participation by those 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.

AddedCHAPTER VI FINANCIAL PROVISIONS

AddedArticle 25 Financial rules

AddedThe financial rules applicable to the Agency shall be adopted by the Management Board after consulting the Commission. The financial rules shall not depart from Commission Delegated Regulation (EU) 2019/715 unless such a departure is specifically required for the Agency's operation and the Commission has given its prior consent.

AddedArticle 26 Budget

Added1. Estimates of all revenue and expenditure for the Agency shall be prepared each financial year, corresponding to the calendar year, and shall be shown in the Agency's budget.

Added2. The Agency's budget shall be balanced in terms of revenue and of expenditure.

Added3. Without prejudice to other resources, the Agency's revenue shall comprise:

Added(a) a contribution from the Union entered in the general budget of the European Union and grants from Union bodies;

Added(b) possible contributions from any third country which participates in the work of the Agency in accordance with Article 24;

Added(c) any fees and charges for infrastructure, publications, training or any other services falling under the scope of this Regulation provided by the Agency in accordance with the delegated acts and implementing acts adopted pursuant to referred to in Article 33; [Am. 83]

Added(d) any voluntary financial contribution from Member States, third countries or other entities, provided such contribution is transparent, is clearly identified in the budget and does not compromise the independence and impartiality of the Agency.

Added4. The expenditure of the Agency shall include staff remuneration, administrative and infrastructure expenses and operating costs.

AddedArticle 27 Establishment of the budget

Added1. Each year, the Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.

Added2. The Management Board shall, on the basis of that draft, adopt a provisional draft estimate of the Agency's revenue and expenditure for the following financial year.

Added3. The provisional draft estimate of the Agency's revenue and expenditure shall be sent to the Commission by 31 January each year. The Management Board shall send the final draft estimate to the Commission by 31 March of that year.

Added4. The Commission shall send the statement of estimates to the budgetary authority together with the draft general budget of the European Union.

Added5. On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the European Union the estimates it considers necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 of the TFEU.

Added6. The budgetary authority shall authorize the appropriations for the contribution to the Agency.

Added7. The budgetary authority shall adopt the Agency's establishment plan.

Added8. The Agency's budget shall be adopted by the Management Board by a majority of two-thirds of members entitled to vote. It shall become final following final adoption of the general budget of the European Union. Where necessary, it shall be adjusted accordingly. [Am. 84]

Added9. For any building project likely to have significant implications for the budget of the Agency the provisions of Delegated Regulation (EU) 2019/715 shall apply.

AddedArticle 28 Implementation of the budget

Added1. The Executive Director shall implement the Agency's budget.

Added2. Each year the Executive Director shall send to the budgetary authority all information relevant to the findings of evaluation procedures.

AddedArticle 29 Presentation of accounts and discharge

Added1. By 1 March of the following financial year, the Agency's accounting officer shall send the provisional accounts to the Commission's accounting officer and to the Court of Auditors.

Added2. By 31 March of the following financial year, the Agency shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors.

Added3. By 31 March of the following financial year, the Commission's accounting officer shall send the Agency's provisional accounts, consolidated with the Commission's accounts, to the Court of Auditors.

Added4. On receipt of the Court of Auditors' observations on the Agency's provisional accounts pursuant to Article 246 of the Financial Regulation, the Executive Director shall draw up the Agency's final accounts under his or her own responsibility and submit them to the Management Board for an opinion.

Added5. The Management Board shall deliver an opinion on the Agency's final accounts.

Added6. The accounting officer shall, by 1 July of the following financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

Added7. The final accounts shall be published in the Official Journal of the European Union by 15 November of the following financial year.

Added8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September. The Executive Director shall also send that reply to the Management Board.

Added9. The Executive Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 261(3) of the Financial Regulation.

Added10. On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, give a discharge to the Executive Director in respect of the implementation of the budget for year N.

AddedCHAPTER VII STAFF

AddedArticle 30 General provision

AddedThe Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants shall apply to the staff of the Agency.

AddedArticle 31 Seconded national experts and other staff

Added1. The Agency may make use of seconded national experts or other staff not employed by the Agency.

Added2. The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.

AddedCHAPTER VIII GENERAL AND FINAL PROVISIONS

AddedArticle 32 Legal status and seat

Added1. The Agency shall be a body of the Union and shall have legal personality.

Added2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may in particular, acquire and dispose of movable and immovable property and be a party to legal proceedings.

Added3. The Agency shall be represented by its Executive Director.