Changes from plenary report to adopted text

Added3. The Management Board, acting on a proposal from the Commission whichthat takes into account the assessment referred to in paragraph 2, may extend the term of office of the Executive Director once for no more than 5 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 its decision to extend the mandate, the Executive Director may be asked to make a declaration before the committee responsible of the European Parliament and answer questions. [Am. 253]

Added4. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

Added5. 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 of the reasons. [Am. 254]

Added6. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director and Deputy Executive Director on the basis of a two-thirds majority of its members with voting rights.

AddedArticle 219 Tasks and responsibilities of the Executive Director

Added1. The Executive Director shall manage the EU Customs Authority. The Executive Director shall be accountable to the Management Board.

Added2. Without prejudice to the powers of the Commission and the Management Board, the Executive Director shall be independent in the performance of his/her tasks 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 and the Council on the performance of his or her duties and the overall performance of the EU Customs Authority when invited to do so. The Executive Director may be called upon at any time by the European Parliament or by the Council to attend a hearing on any matter linked to the Agency's activities. [Am. 255]

Added4. The Executive Director shall be the legal representative of the EU Customs Authority.

Added5. The Executive Director shall be responsible for the implementation of the tasks assigned to the EU Customs Authority by this Regulation. In particular, the Executive Director shall:

Added(a) ensure the sustainable and efficient day-to-day administration of the EU Customs Authority; [Am. 256]

Added(b) implement decisions adopted by the Management Board;

Added(c) prepare the draft single programming document referred to in Article 223 and submit it to the Management Board after consulting the Commission;

Added(d) implement the single programming document referred to in Article 223 and report to the Executive Board and the Management Board on its implementation;

Added(e) prepare the consolidated annual report on the EU Customs Authority’s activities and present them to the Management Board for assessment and adoption;

Added(f) prepare an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as on investigations by OLAF and by the EPPO, and report on progress twice a year to the Commission and regularly to the Executive Board and the Management Board, as well as, where applicable, ensuring reporting of suspicions of criminal conduct to EPPO; [Am. 257]

Added(g) without prejudice to the investigative competence of the EPPO and of OLAF, protect the financial interests of the Union by applying internal preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative and financial penalties;

Added(h) prepare an internal anti-fraud strategy, an efficiency gains and synergies strategy, a strategy for cooperation with third countries and/or international organisations and a strategy for the organisational management and internal control systems, for the EU Customs Authority and present it to the Management Board for approval;

Added(i) prepare draft financial rules applicable to the EU Customs Authority and submitting them to the Management Board for adoption after consulting the Commission;

Added(j) prepare provisional draft statements of estimates of the EU Customs Authority’s revenue and expenditure in accordance with Article 224, and implementing its budget;

Added(k) with regard to the EU Customs Authority’s staff, exercise the powers of the appointing authority referred to in Article 215(1), point (i), to the extent that those powers have been delegated to him or her in accordance with Article 215(2);

Added(l) taking decisions with regard to the EU Customs Authority’s internal structures including, where necessary, deputising functions which may cover the day-to-day management of the EU Customs Authority and, where necessary, their amendment, taking into account the needs relating to the EU Customs Authority’s activities and sound budgetary management;

Added(m) negotiating and, after approval by the Management Board, signing a Headquarters Agreement concerning the seat of the EU Customs Authority, and, where applicable, similar agreements with the host Member States where local offices are located;

Added(n) preparing the practical arrangements for the implementation of Regulation (EC) No 1049/2001 of the European Parliament and of the Council and submitting them to the Management Board for adoption;

Added(o) promote diversity and aim at ensuring gender balance as regards the recruitment of the EU Customs Authority’s staff;

Added(p) aiming at recruiting staff on the broadest possible geographical basis, bearing in mind that recruitment criteria must solely be based on merits.

AddedArticle 220 Deputy Executive Director

Added1. The Management Board may decide to create a function of a Deputy Executive Director to assist the Executive Director.

Added2. In the case the Management Board decides to create a function of a Deputy Executive Director, the provisions of Article 217 shall apply to the Deputy Executive Director accordingly.

AddedArticle 221 Tasks and Responsibilities of the Deputy Executive Director

AddedIf the function of the Deputy Executive Director is created, the Deputy Executive Director shall assist the Executive Director in the management of the Agency and in the performance of the tasks referred to in Article 218. If the Executive Director is absent or indisposed, or the post is vacant, the Deputy Executive Director shall take his or her place.

AddedArticle 221a Customs Advisory Board

Added1. The EU Customs Authority shall establish a Customs Advisory Board to assist the Executive Board.

Added2. The Customs Advisory Board is tasked to provide advice:

Added(a) on the implementation of technical actions and decisions, including risk management and priority areas of control;

Added(b) on implementation and standardisation issues, including harmonisation activities or the need for the adaptation of the rules;

Added(c) provide advice on the customs dimensions of other legislation applied by customs;

Added(d) provide advice as appropriate in the context of any other activities of the Authority upon request.

Added3. The Customs Advisory Board shall be comprised of representatives and associations for any relevant stakeholders to the work of the EU Customs Authority; its composition shall be determined by the Management Board.

Added4. The Management Board shall appoint four of the members of the Customs Advisory Board, one of which its chair, to participate with observer status in the Management Board. They shall represent, as broadly as possible, the different views represented in the Customs Advisory Board. The initial term of office shall be 48 months and shall be extendable.

Added5. The Customs Advisory Board shall be consulted regularly prior to decisions of the Management Board. This may take place via the use of ad-hoc expert working groups. The Management Board shall not, in any case, be bound by the opinion of the Customs Advisory Board.

Added6. The Customs Advisory Board shall hold at least one ordinary meeting every six months. In addition, it may meet at the request of the EU Customs Authority or Executive Board. [Am. 258]

AddedChapter 4 Establishment and structure of the budget of the EU Customs Authority

AddedArticle 222 General provisions

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

AddedArticle 223 Single programming document

Added1. Each year, the Executive Director shall draw up a draft single programming document containing in particular multiannual and annual programming in accordance with the provisions laid down in Commission Delegated Regulation (EU) 2019/715, and with the relevant provision of the EU Customs Authority’s financial rules adopted pursuant to Article 222 of this Regulation and taking into account guidelines set by the Commission. The annual and multiannual programming shall be in line with the customs policy and overall priorities of the customs union.

Added2. The Management Board shall transmit the draft single programming document to the Commission, the European Parliament and the Council and to the European Court of Auditors by 31 January of the year preceding the programming period.

Added3. By 30 November each year, the Management Board shall adopt the single programming document. It shall forward the single programming document to the European Parliament, the Council and the Commission, as well as any later updated version of that document. The single programming document shall become definitive after final adoption of the general budget of the Union and, if necessary shall be adjusted accordingly.

Added4. The annual work programme shall set out 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. The annual work programme shall be consistent with the multiannual work programme referred to in paragraph 5. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. The Management Board shall amend the adopted annual work programme when a new task is given to the EU Customs Authority within the scope of this Regulation. Any substantial amendment to the annual work programme shall be adopted in accordance with 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.

Added5. The multiannual work programme shall set out the overall strategic programming including objectives, expected results and performance indicators. It shall also show, for each activity, the indicative financial and human resources considered necessary to attain the objectives set. The strategic programming shall be updated where appropriate, and shall demonstrate the contribution of the EU Customs Authority to the achievement of the Union’s political priorities.

AddedArticle 224 Establishment of the budget

Added1. Each year, the Executive Director shall draw up a provisional draft statement of estimates of the EU Customs Authority’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board. The information contained in the provisional draft statement of estimates shall be consistent with the draft single programming document referred to in Article 223(1).

Added2. The Management Board shall, on the basis of the provisional draft statement of estimates referred to in paragraph 1, adopt a draft statement of estimates of the EU Customs Authority’s revenue and expenditure for the following financial year.

Added3. The Management Board shall send the draft statement of estimates of the EU Customs Authority’s revenue and expenditure to the Commission by 31 January each year.

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

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

Added6. The budgetary authority shall authorise the appropriations for the contribution from the general budget of the Union to the EU Customs Authority.

Added7. The budgetary authority shall adopt the EU Customs Authority’s establishment plan.

Added8. The Management Board shall adopt the EU Customs Authority’s budget. That budget shall become final following the final adoption of the general budget of the Union Where necessary, the EU Customs Authority’s budget shall be adjusted accordingly.