Changes from plenary report to adopted text

Added6. When a matter of confidentiality or conflict of interests is on the agenda, the Management Board shall discuss and decide on this matter without the presence of the member concerned. This shall not affect the right of the Member States, the European Parliament and of the Commission to be represented by an alternate. Detailed rules for the application of this provision may be laid down in the rules of procedure. [Am. 241]

Added7. The EU Customs Authority shall provide the secretariat for the Management Board.

AddedArticle 215 Functions of the Management Board

Added1. The Management Board shall:

Added(a) give the general orientations of the EU Customs Authority’s activities;

Added(b) adopt, by a majority of two-thirds of members with voting rights, the annual budget of the EU Customs Authority and exercise other functions in respect of the EU Customs Authority's budget pursuant to Chapter 4;

Added(c) assess and adopt the consolidated annual activity report on the EU Customs Authority's activities, including an overview of the fulfilment of its tasks and its overall performance in achieving customs policy objectives, and send both the report and its assessment by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors. The consolidated annual activity report shall be made public;

Added(d) adopt the financial rules applicable to the EU Customs Authority in accordance with Article 222;

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

Added(f) adopt and make publicly available the rules for the prevention and management of conflicts of interests in respect of its members; and shall publish annually on its website the declaration of interests of the management board members; [Am. 242]

Added(g) adopt and regularly update the communication and dissemination plans referred to in Article 232, based on an analysis of needs;

Added(h) adopt and make publicly available its rules of procedure; [Am. 243]

Added(i) in accordance with paragraph (2), exercise, with respect to the staff of the EU Customs Authority, 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 (‘the appointing authority powers’);

Added(j) adopt implementing rules for giving effect to the Staff Regulations of Officials and the Conditions of Employment of Other Servants in accordance with Article 110(2) of the Staff Regulations;

Added(k) establish, where appropriate, an internal audit capacity;

Added(l) adopt the EU Customs Authority’s security rules within the meaning of Article 233;

Added(m) appoint the Executive Director and Deputy Executive Director, if such a post is created, and where relevant extend their terms of office or remove them from office in accordance with Article 217;

Added(n) appoint an Accounting Officer, who may be the Commission's Accounting Officer, who shall be subject to the Staff Regulations of Officials and the Conditions of Employment of other servants and who shall be totally independent in the performance of his/her duties;

Added(o) take all decisions on the establishment of the EU Customs Authority's internal structures and, where necessary, their modification taking into consideration the EU Customs Authority's activity needs and having regard to sound budgetary management.

Added(p) authorise the conclusion of working arrangements in accordance with Article 240(9).

Added(pa) establish and adopt the rules of procedure of the Customs Advisory Board; [Am. 244]

Added(q) set up working groups and expert panels and adopt their rules of procedure;

Added(r) adopt the draft single programming document referred to in Article 223 before its submission to the Commission for its opinion;

Added(s) taking into account the opinion of the Commission, adopt the EU Customs Authority's single programming document by a majority of two-thirds of members with voting rights and in accordance with Article 216;

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

Added(u) adopt a strategy for cooperation with third countries and/or international organisations;

Added(v) adopt a strategy for the organisational management and internal control systems;

Added1a. The Management Board may establish working groups and expert panels to assist it in carrying out its tasks, including the preparation of its decisions and monitoring the implementation thereof. [Am. 245]

Added2. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment, delegating relevant appointing authority powers to the Executive Director and setting out the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

Added3. Where exceptional circumstances so require, the Management Board may, by way of decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the Executive Director and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

AddedArticle 216 Voting rules of the Management Board

Added1. Without prejudice to Article 215(1), points (b), (m) and (s), the Management Board shall take decisions by absolute majority of its members with voting rights.

Added2. The decision referred to in Article 215(1), points (b), (c), (e), (f), (j), (m), (n), (o) and (s) may only be taken if the representatives of the Commission cast a positive vote. For the purposes of taking the decision referred to in Article 215(1), point (s), the consent of the representatives of the Commission shall only be required on the elements of the decision not related to the annual and multi-annual work programme of the EU Customs Authority. [Am. 246]

Added3. Each member with voting rights shall have one vote. In the absence of a member with the right to vote, his/her alternate shall be entitled to exercise his/her right to vote.

Added4. The Chairperson shall take part in the voting.

Added5. The Executive Director shall not take part in the voting.

Added6. The Management Board's rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member.

AddedSection 2 The Executive Board

AddedArticle 217 Executive Board

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

Added2. The Executive Board shall:

Added(a) supervise the preparatory work for decisions to be adopted by the Management Board;

Added(b) 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 EPPO as well as implement adequate procedures of reporting suspicions of criminal conduct to the latter; [Am. 247]

Added(c) supervise the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management.

Added3. When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular as regards the following matters:

Added(a) on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.

Added(b) where a crisis situation has been identified as laid down in Title XI, and requires immediate action or adjustment of the EU Customs Authority’s activities.

Added4. The Executive Board shall be composed of the two representatives 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 and with the aim to ensure gender balance. 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 decisions of the Executive Board shall be taken by simple majority. Decisions with respect to paragraph (2), point (b) may only be taken if one representative of the Commission casts a positive vote. [Am. 248]

Added5. The term of office of members of the Executive Board shall be 4 years, and shall be renewable. 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.

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

AddedSection 3 the Executive Director

AddedArticle 218 Appointment, dismissal, and extension of the term of office

Added1. The Executive Director shall be engaged as a temporary agent of the EU Customs Authority in accordance with Article 2(a) of the Conditions of Employment of other servants.

AddedThe Executive Director shall be appointed by the Management Board on grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of at least three candidates proposed by the Commission,, in accordance with the following an open and transparent selection procedure.: [Am. 249]

Added(a) on the basis of a shortlist drawn up and published by the Commission ensuring gender balance after a call for candidates and a transparent selection procedure, applicants will be asked to address the committee responsible of the European Parliament and the Council and to reply to questions; [Am. 250]

Added(b) the European Parliament and the Council will then give their opinions and state their preferences; [Am. 251]

Added(c) the Management Board will appoint the Executive Director taking those opinions into account. [Am. 252]

AddedFor the purpose of concluding the contract of the Executive Director, the EU Customs Authority shall be represented by the Chairperson of the Management Board.

Added2. The term of office of the Executive Director shall be 5 years. In due time before the end of that period, the Commission shall carry out an assessment that takes into account an evaluation of the performance of the Executive Director and the EU Customs Authority’s future tasks and challenges.