Changes from adopted text to adopted text

Removed(t) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO);

Removed(u) take all decisions on the establishment of the Agency's internal structures, including the set-up of advisory or working groups and, where necessary, their modification taking into consideration the Agency's activity needs and having regard to sound budgetary management; [Am. 63]

Removed(v) decide on the services that the Agency may offer against fees and charges and a adopt a framework model for the financial apportionment of the fees and charges payable as referred to in Article 26(3), point (c). In the event that the Commission expresses, within 15 days from the date of adoption of the Management Board’s decision concerning the services offered against fees or the framework model, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States; [Am. 64]

Removed(w) adopt an efficiency gains and synergies strategy;

Removed(x) adopt a strategy for cooperation with third countries or international organisations, or both, referred to in Article 11 (6). In the event that the Commission expresses, within 15 days from the date of adoption of the strategy, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States; [Am. 65]

Removed(y) adopt the internal security rules of the Agency referred to in Article 41;

Removed(z) appoint the data protection officer of the Agency.

Removed2. The Management 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 on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

RemovedWhere exceptional circumstances so require, the Management Board may, by way of a decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated 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.

RemovedArticle 17 Annual and multi-annual programming

Removed1. By 30 November each year the Management Board shall adopt a single programming document containing multi-annualmultiannual 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 Management Board decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification. The obligation to provide a thorough justification shall also apply to the elements raised by the European Parliament during the consultation. The management board It shall forward itthe single programming document to the European Parliament, the Council and the Commission by 31 January of the following year. [Am. 66]

RemovedIn the event that the Commission expresses, within 15 days from the date of adoption of the single programming document, its disagreement with the document, the Management Board shall re-examine the single programming document and adopt it, possibly amended, within a period of two months, in second reading either with a two-thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States. [Am. 67]

Removed2. The single programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

Removed3. 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 7. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. Annual or multi-annual programming, or both, shall include the strategy for relations with third countries or international organisations referred to in Article 11 and the actions linked to this strategy.

Removed4. The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. The inclusion of such a new task shall be subject to an analysis of the human and budgetary resources implications and may be subject to a decision to postpone other tasks.

Removed5. The Management Board shall examine and approve, in the framework of the preparation of the single programming document, Commission’s or Member States’ requests for technical assistance, as referred to in Article 3(1), point (c), Article 3 (2), point (b), Article 5(5) to (8), Article 8(6) and (7), Article 9(3), Article 10(4) and Article 11(2) and (4). The approval of such requests shall:

Removed(a) not be detrimental to the other tasks of the Agency;

Removed(b) shall avoid duplication of efforts;

Removed(c) shall be subject to an analysis of the human and budgetary resources implications; and

Removed(d) may be subject to a decision to postpone other tasks.

Removed6. Any substantial amendment to the annual work programme shall be adopted by 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.

Removed7. The multi-annual work programme shall set out overall strategic programming including objectives, expected results and performance indicators. It shall also set out resource programming including multi-annual budget and staff.

Removed8. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 41.

RemovedArticle 18 Chairperson of the Management Board

Removed1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights. The Chairperson and the Deputy Chairperson shall be elected by a majority of two thirds of the members of the Management Boards with voting rights.

Removed2. The Deputy Chairperson shall automatically take the place of the Chairperson if he or she is prevented from attending to Chairperon’s duties.

Removed3. The terms of office of the Chairperson and Deputy Chairperson shall be four years. Their term of office may be renewed once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

RemovedArticle 19 Meetings of the Management Board

Removed1. Meetings of the Management Board shall be conducted in accordance with its rules of procedure and convened by its Chairperson.

Removed2. The Executive Director of the Agency shall take part in the deliberations except when his or her participation may lead to a conflict of interests, as decided by the Chairperson, or when the Management Board is to take a decision, in accordance with Article 35.

Removed3. The Management Board shall hold an ordinary meeting twice a year. In addition, it shall meet on the initiative of the Chairperson or at the request of the Commission or of one-third of the Member Statesits members. [Am. 68]

Removed4. When a matter of confidentiality or a conflict of interest arises, the Management Board may decide to examine specific items on its agenda without the members concerned being present. This shall not affect the right of the Member States and of the Commission to be represented by an alternate or by any other person. Detailed rules for the application of this provision shall be laid down in the Management Board's rules of procedure.

Removed5. The Management Board may invite any person whose opinion can be of interest to attend its meetings as an observer.

Removed6. The members of the Management Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts.

Removed7. The secretariat for the Management Board shall be provided by the Agency.

RemovedArticle 20 Voting rules of the Management Board

Removed1. The Management Board shall take its decisions by absolute majority of its members with voting rights, except if provided otherwise in this Regulation.

Removed2. The decisions referred to in Article 16(1) points (c) to (e) and points (i), (j), (n), (o), (p), (q), (t), (u) and in Article 16(2) may only be taken if the representatives of the Commission cast a positive vote. For the purposes of taking the decisions referred to in Article 16(1), point (b), the positive vote of the representative of the Commission shall only be required on the elements of the decision not related to the annual and multi-annual working programme of the Agency. [Am. 69]

Removed3. Each member with voting rights shall have one vote. The Executive Director of the Agency shall not vote. [Am. 70]

Removed4. In the absence of a member, his or her alternate shall be entitled to exercise the member’s right to vote.

Removed5. The rules of procedure shall establish more detailed voting arrangements, including the conditions for a member to act on behalf of another member.

RemovedArticle 21 Executive Board

Removed1. The Management Board shall be assisted by an Executive Board.

Removed2. The Executive Board shall :

Removed(a) supervise the implementation of the decisions of the Management Board on administrative and budgetary management;.

Removed(aa) decide on those matters provided for in the financial rules adopted pursuant to Article 25 that are not reserved to the Management Board by this Regulation; [Am. 71]

Removed(b) prepare decisions to be adopted by the Management Board;

Removed(c) 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 the EPPO.

Removed3. When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.

Removed4. The Executive Board shall be composed of the Chairperson and the deputy Chairperson of the Management Board, one representative 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. 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 Executive board may invite other observers to attend its meetings. [Am. 72]

Removed5. The term of office of members of the Executive Board shall be four years with the possibility to be renewed. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.

Removed6. 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.

Removed6a. The Executive Board shall take its decisions by consensus. If the Executive Board is not in a position to take a decision by consensus, the matter shall be referred to the Management Board. [Am. 73]

Removed7. The Management Board shall lay down the rules of procedure of the Executive Board.

RemovedCHAPTER V EXECUTIVE DIRECTOR

RemovedArticle 22 Appointment, extension of the term of office and removal from office

Removed1. The Executive Director shall be appointed by the Management Board on the basis of merit and, skills, expertise and proven competence and experience relevant to the maritime sector, from a list of candidates proposed by the Commission following an open and transparent selection procedure which shall respect the principle of gender balance. [Am. 74]

Removed1a. Before appointment, the candidate selected by the Management Board shall be invited to make a statement to the competent committee of the European Parliament and to answer questions posed by its members. [Am. 75]

Removed2. For the purpose of concluding the contract of the Executive Director, the Agency shall be represented by the Chairperson of the Management Board.

Removed3. The term of office of the Executive Director shall be five years. In due time before the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Agency's future tasks and challenges.