Changes from plenary report to adopted text

Removed2. The Executive Director shall participate in meetings of the Executive Board without the right to vote.

Removed3. The five members of the Executive Board referred to in paragraph 1, point (b), shall be selected following an open selection procedure which shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of qualified candidates for the position of the five full-time members of the Executive Board and shall provide the competent committee of the European Parliament with that shortlist ▌.The competent committee of the European Parliament may conduct hearings of the candidates on that shortlist. Following the outcome in the European Parliament, the Commission shall submit a proposal for the appointment of the five full-time members of the Executive Board to the European Parliament for approval. Following the European Parliament's approval of that proposal, the Council shall adopt an implementing decision to appoint the five full-time members of the Executive Board. The Council shall act by qualified majority.

RemovedThe selection shall take into account the principles of gender balance, experience, qualification, and, to the extent possible, ▌geographical balance.

Removed4. The term of office of the five members of the Executive Board shall be four years. In the course of the 12 months preceding the end of the four-year term of office of the Chair of the Authority and five members of the Executive Board, the Commission, taking into account the opinion of the General Board in both compositions or a smaller committee selected among General Board members including a Commission representative shall carry out an assessment of performance of the Executive Board. The assessment shall take into account an evaluation of the Executive Board members’ performance and the Authority’s future tasks and challenges. Based on the assessment, the Commission may propose to the European Parliament to extend their term of office once. The competent committee of the European Parliament may conduct hearings of the Executive Board members. Following the European Parliament´s approval of the Commission´s proposal, the Council shall adopt an implementing decision to extend the term of office of those Executive Board members. The Council shall act by qualified majority.

Removed5. The Executive Board members referred to in paragraph 1, point (a) and (b) shall act independently and objectively in the interest of the Union as a whole and shall neither seek nor take instructions from the Union institutions, Union decentralised agencies and other Union bodies from any government or from any other public or private body. The institutions, bodies, offices and agencies of the Union and the governments of the Member States and any other bodies shall respect that independence.

Removed6. If one or more of the members of the Executive Board, except for the Chair of the Authority, no longer fulfil the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the General Board may, following a proposal by the Commission, remove any of the members of the Executive Board from office.

Removed7. During a period of two years after ceasing to hold office, the former members of the Executive Board, including the Chair and the Vice-Chair of the Authority, are prohibited from engaging in a gainful occupational activity with

Removed(a) a selected obliged entity;

Removed(b) any other entity related to the Authority’s tasks, powers and objectives, where a conflict of interest ▌or an excessive risk thereof exists.

RemovedIn its rules for the prevention and management of conflicts of interest in respect of its members referred to in Article 53 (4) point (e), the Executive Board shall specify the circumstances under which such a conflict of interest exists or could be perceived to exist.

RemovedTasks of the Executive Board

Removed1. The Executive Board shall be responsible for the overall planning and the execution of the tasks conferred on the Authority pursuant to Article 5. The Executive Board shall adopt all the decisions of the Authority with the exception of the decisions that shall be taken by the General Board in accordance with Article 49.

Removed2. The Executive Board shall adopt all the decisions addressed to selected obliged entities for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. The Executive Board shall adopt decisions addressed to selected obliged entities following the proposal of the selected obliged entity’s Joint Supervisory Team referred to in Article 15, and taking into account the opinion provided by the General Board on that proposed decision. Where the Executive Board decides to deviate from such an opinion, it shall provide the reasons thereof in writing.

RemovedThe Executive Board shall adopt all of the decisions addressed to obliged entities referred to in Article 30c.

Removed3. The Executive Board shall adopt all the decisions addressed to individual public authorities pursuant to Articles 28, 30, 30a, 30b, 30c, 31, and 32.

Removed4. In addition, the Executive Board shall have the following tasks:

Removed(a) adopt, by 30 November of each year, on the basis of a proposal by the Executive Director, the draft Single Programming Document in accordance with Article 54, and shall transmit it for information to the European Parliament, the Council and the Commission by 31 January the following year, as well as any other updated version of the document ;

Removed(b) adopt the draft annual budget of the Authority and exercise other functions in respect of the Authority’s budget;

Removed(c) assess and adopt a consolidated annual activity report on the Authority's activities, including an overview of the fulfilment of its tasks and send it, by 1 July each year, to the European Parliament, the Council, the Commission and the Court of Auditors and make the consolidated annual activity report public;

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

Removed(e) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Administrative Board of Appeal;

Removed(f) adopt its rules of procedure;

Removed(g) exercise, with respect to the staff of the 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");

Removed(h) adopt appropriate 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;

Removed(i) appoint the Executive Director and remove him/her from office, in accordance with Article 58;

Removed(j) appoint an Accounting Officer, who may be the Commission's 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/her duties;

Removed(k) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of OLAF;

Removed(l) adopt the financial rules applicable to the Authority;

Removed(m) take all decisions on the establishment of the Authority's internal structures and, where necessary, their modification.

Removed5. The Executive Board shall select a Vice-Chair of the Authority among its voting members. The Vice-Chair shall automatically replace the Chair, if the latter is prevented from attending to his/her duties.

Removed6. With respect to the powers mentioned in paragraph 4 point (h), the Executive 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 Article 6 of the Conditions of Employment, delegating relevant appointing authority powers to the Executive Director. The Executive Director shall be authorised to sub-delegate those powers.

Removed7. In exceptional circumstances, the Executive Board may by way of a decision temporarily suspend the delegation of the appointing authority powers to the Executive Director and any sub-delegation 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.

RemovedAnnual and multiannual programming

Removed1. By 30 November each year the Executive Board shall adopt a Single Programming Document containing multiannual 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 Executive Board decides not to take into account any elements of the opinion of the Commission, it shall provide a thorough justification for that decision. The obligation to provide a thorough justification shall also apply to any elements raised by the European Parliament when it is consulted. The Executive Board shall forward the Single Programming Document to the European Parliament, the Council and the Commission.

RemovedThe programming document shall become final after final adoption of the general budget and if necessary shall be adjusted accordingly.

Removed2. 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 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year.

Removed3. The Executive Board shall amend the adopted annual work programme when a new task is given to the Authority.

RemovedAny substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Executive Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

Removed4. The multiannual work programme shall set out overall strategic programming including objectives, expected results and performance indicators. It shall also set out resource programming including multiannual budget and staff.

RemovedThe resource programming shall be updated annually. The strategic programming shall be updated where appropriate.

RemovedVoting rules of the Executive Board

Removed1. The Executive Board shall take decisions by simple majority of its members. Each member of the Executive Board, in accordance with Article 52(1), shall have one vote. The Chair of the Authority, or the Vice-Chair when replacing the Chair, shall have a casting vote in case of a tie.

Removed2. A representative of the Commission shall have a right to vote whenever matters pertaining to Article 53(4) points (a) to (l) are discussed and decided upon. ▌

Removed3. The Executive 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.

RemovedFundamental Rights Officer

Removed1. The Executive Board shall, upon a proposal of the Executive Director, designate a Fundamental Rights Officer. The Fundamental Rights Officer may be a member of the existing staff of the Authority who received special training in fundamental rights law and practice.

Removed2. The Fundamental Rights Officer shall perform the following tasks:

Removed(a) advise the Authority, where the Officer deems it necessary or where requested, on any activity of the Authority without impeding or delaying those activities;

Removed(b) monitor the Authority´s compliance with fundamental rights;

Removed(c) provide non-binding opinions on working arrangements;

Removed(d) inform the Executive Director about possible violations of fundamental rights in the course of the Authority’s activities;

Removed(e) promote the Authority´s respect of fundamental rights in the performance of its tasks and activities;

Removed(f) any other tasks where provided for by this Regulation.

Removed3. The Authority shall ensure that the Fundamental Rights Officer does not receive any instructions regarding the exercise of the Officer’s tasks.

Removed4. The Fundamental Rights Officer shall report directly to the Executive Director and prepare annual reports on the Officer’s activities, including the extent to which the activities of the Authority respect fundamental rights. Those reports shall be made available to the Executive Board.

RemovedTHE CHAIR OF THE AUTHORITY

RemovedAppointment of the Chair of the Authority

Removed1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, integrity, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure which shall take into account the principle of gender balance and shall be published in the Official Journal of the European Union. The Commission shall provide to the European Parliament a shortlist of ▌qualified candidates for the position of ▌Chair of the Authority and inform the Council of the shortlist. The European Parliament may conduct hearings of the candidates on that shortlist. Following the outcome in the European Parliament, the Commission shall submit a proposal for the appointment of the Chair of the Authority to the European Parliament for approval. Following the European Parliament’s approval of that proposal, the Council ▌shall adopt an implementing decision to appoint the Chair of the Authority. The Council shall act by qualified majority. Where the European Parliament considers that none of the shortlisted candidates sufficiently fulfils the criteria set out in this paragraph, the open selection procedure shall recommence.

Removed2. If the Chair of the Authority no longer fulfils the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the Council may, on its own initiative or following a proposal by the European Parliament or the General Board in either composition, adopt an implementing decision to remove the Chair of the Authority from office. The Council shall act by qualified majority.

Removed3. Should the Chair resign or be unable to attend to his or her duties for any other reason, the functions of the Chair shall be performed by the Vice-Chair.