Changes from plenary report to adopted text

RemovedResponsibilities of the Chair of the Authority

Removed1. The Chair of the Authority shall represent the Authority and shall be responsible for preparing the work of the General Board and the Executive Board, including setting the agenda, convening and chairing all the meetings and tabling items for decision.

Removed2. The Chair shall assign to the five members of the Executive Board specific areas of responsibility within the scope of tasks of the Authority for the duration of their mandate.

RemovedTHE EXECUTIVE DIRECTOR

RemovedAppointment of the Executive Director

Removed1. The Executive Director shall be engaged as a temporary agent of the Authority under Article 2(a) of the Conditions of Employment of Other Servants.

Removed2. The Executive Director shall perform his or her duties in the interests of the Union, and independently of any specific interests.

Removed3. The Executive Director shall manage the Authority. The Executive Director shall be accountable to the Executive Board. Without prejudice to the powers of the Commission and of the Executive Board, the Executive Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government or from any other body.

Removed4. The Executive Director shall be selected on the grounds of merit and documented high-level administrative, budgetary and management skills, following an open selection procedure which shall take into account the principle of gender balance and be published in the Official Journal of the European Union, and, as appropriate, other press or internet sites. The Commission shall draw up a shortlist of ▌qualified candidates for the position of the Executive Director and shall provide that shortlist to the European Parliament. The European Parliament may conduct hearings of the candidates on that shortlist. Following the outcome in the European Parliament, the Executive Board shall appoint the Executive Director, after approval by the European Parliament. 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.

Removed5. The term of office of the Executive Director shall be five years. In the course of the nine months preceding the end of the Executive Director’s term of office, the Executive Board shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Agency's future tasks and challenges. The Executive Board, taking into account the evaluation referred to in the first subparagraph, may extend the term of office of the Executive Director once.

RemovedThe Executive Director may be removed from office by the Executive Board on proposal by the European Parliament, the Council or the Commission.

Removed6. 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 extended term of office.

RemovedTasks of the Executive Director

Removed1. The Executive Director shall be in charge of the day-to-day management of the Authority and shall aim to uphold the highest professional standards and ensure gender balance within the Authority. In particular, the Executive Director shall be responsible for:

Removed(a) implementing decisions adopted by the Executive Board;

Removed(b) preparing the draft Single Programming Document and submitting it to the Executive Board after consulting the Commission;

Removed(c) implementing the Single Programming Document and reporting to the Executive Board on its implementation;

Removed(d) preparing the draft consolidated annual report on the Authority’s activities and presenting it to the Executive Board for assessment and adoption;

Removed(e) preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-fraud Office (OLAF) and reporting on progress twice a year to the Commission and regularly to the Gene4ral Boards and the Executive Board;

Removed(f) protecting 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 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;

Removed(g) preparing an anti-fraud strategy for the Authority and presenting it to the Executive Board for approval;

Removed(h) preparing draft financial rules applicable to the Authority;

Removed(i) preparing, as part of the draft Single Programming Document the Authority’s draft statement of estimates of revenue and expenditure pursuant to Article 66 and implementing its budget pursuant to Article 67;

Removed(j) preparing and implementing an IT security strategy, ensuring appropriate risk management for all IT infrastructure, systems and services, which are developed or procured by the Authority as well as sufficient IT security funding.

Removed(k) implementing the annual work programme of the Authority under the control of the Executive Board;

Removed▌

Removed(m) preparing a draft report describing all activities of the Authority with a section on financial and administrative matters.

Removed2. The Executive Director shall take other necessary measures, notably the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Authority, in accordance with this Regulation.

Removed3. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States for the purpose of carrying out the Authority's tasks in an efficient and effective manner. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Executive Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Authority. An agreement with the Member State(s) concerned shall be concluded accordingly.

RemovedADMINISTRATIVE BOARD OF APPEAL

RemovedCreation and Composition of the Administrative Board of Appeal

Removed1. The Authority shall establish an Administrative Board of Appeal for the purposes of carrying out an internal administrative review of the decisions taken by the Authority in the exercise of the powers listed in Articles 20, 21, 22 and 65. The scope of the internal administrative review shall pertain to the procedural and substantive conformity with this Regulation of such decisions.

Removed2. The Administrative Board of Appeal shall be composed of five individuals of high repute, having a proven record of relevant knowledge and professional experience, including supervisory experience in the area of anti-money laundering and countering the financing of terrorism, excluding current staff of the Authority, as well as current staff of AML/CFT supervisory authorities and FIUs or other national or Union institutions, bodies, offices and agencies who are involved in the carrying out of the tasks conferred on the Authority by this Regulation. The Administrative Board of Appeal shall have sufficient resources and expertise to assess the exercise of the powers of the Authority under this Regulation.

Removed3. The Administrative Board of Appeal shall decide on the basis of a majority of at least three of its five members.

RemovedMembers of the Administrative Board of Appeal

Removed1. The members of the Administrative Board of Appeal and two alternates shall be appointed by the General Board in supervisory composition for a term of five years, which may be extended once, following a public call for expressions of interest published in the Official Journal of the European Union. They shall not be bound by any instructions.

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

Removed2. The members of the Administrative Board of Appeal shall act independently and in the public interest and shall not perform any other duties within the Authority. For that purpose, they shall make a public declaration of commitments and a public declaration of interests indicating any direct or indirect interest which might be considered prejudicial to their independence or the absence of any such interest.

Removed3. The members of the Administrative Board of Appeal shall not be removed from office or from the list of qualified candidates during their term of office, unless there are serious grounds for such removal▌.

RemovedDecisions subject to appeal

Removed1. A request for appeal may be brought before the Administrative Board of Appeal against decisions taken by the Authority pursuant to Articles 6(1), 20, 21, 22 and 65 by any natural or legal person to whom the decision is addressed, or to whom it is of a direct and individual concern. The filing of the appeal shall have suspensive effect.

Removed2. Any request for appeal shall be made in writing, including a statement of grounds, and shall be lodged at the Authority within one month of the date of notification of the decision to the person requesting the appeal, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.

Removed3. After ruling on the admissibility of the appeal, the Administrative Board of Appeal shall express an opinion within a period appropriate to the urgency of the matter and no later than two months from the receipt of the request and remit the case for preparation of a new draft decision to the Executive Board. The Executive Board shall take into account the opinion of the Administrative Board of Appeal and shall promptly adopt a new decision. The new decision shall abrogate the initial decision of the Executive Board, replace it with a decision of identical content, or replace it with an amended decision.

Removed▌

Removed4. The opinion expressed by the Administrative Board of Appeal, and the new decision adopted by the Executive Board pursuant to this Article, shall be reasoned and notified to the parties.

Removed5. The Authority shall adopt a decision establishing the Administrative Board of Appeal’s operating Rules of Procedure.

RemovedActions before the Court of Justice

Removed1. Actions for the annulment of the Authority´s decisions taken pursuant to Article 6(1) and Articles 20, 21 and 22 may be brought before the Court of Justice of the European Union only after the appeal procedure within the Authority set out in Article 62 has been exhausted.

Removed2. An action taken pursuant to paragraph 1 may be brought on grounds of lack of competence, an incorrect or irregular decision, infringement of an essential procedural requirement, infringement of the Treaties, of this Regulation or of any legal rule relating to their application or misuse of power.

Removed3. The Authority shall take the necessary measures to comply with the judgment of the General Court or, in the event of an appeal against that judgment, the Court of Justice.

RemovedExclusion and objection

Removed1. The members of the Administrative Board of Appeal shall not take part in any appeal proceedings if they have any personal interest in the proceedings, if they have previously been involved as representatives of one of the parties to the proceedings, or if they participated in the adoption of the decision under appeal.

Removed2. If, for one of the reasons listed in paragraph 1 or for any other reason, a member of the Administrative Board of Appeal considers that he/she should not take part in any appeal proceeding, he/she shall inform the Administrative Board of Appeal accordingly.

Removed3. Any party to the appeal proceedings may object to any member of the Administrative Board of Appeal on any of the grounds listed in paragraph 1, or if the member is suspected of partiality. Any such objection shall not be admissible if, while being aware of a reason for objecting, the party to the appeal proceedings has taken a procedural step. No objection may be based on the nationality of members.

Removed4. The Administrative Board of Appeal shall decide as to the action to be taken in the cases referred to in paragraphs 2 and 3 without the participation of the member concerned. For the purposes of taking that decision, the member concerned shall be replaced on the Administrative Board of Appeal by his/her alternate.

RemovedFINANCIAL PROVISIONS

RemovedBudget

Removed1. Estimates of all revenue and expenditure for the Authority shall be prepared each financial year, corresponding to the calendar year, and shall be shown in the Authority’s budget.

Removed2. The Authority’s budget shall be balanced in terms of revenue and of expenditure.

Removed3. Without prejudice to other resources, the Authority's revenue shall consist of a combination of the following: