Changes from adopted text to adopted text

Removed4. The Management Board, acting on a proposal from the Commission, taking into account the assessment referred to in paragraph 3, may extend once the term of office of the Executive Director, for not more than five 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 a decision to extend the mandate, the Executive Director may be invited to make a statement to the competent committee of the European Parliament and to answer questions posed by its members. [Am. 76]

Removed5. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post.

Removed6. 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 in a manner that complies with the applicable confidentiality requirements, about the reasons for such a decision. [Am. 77]

Removed6a. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members with voting rights. [Am. 78]

Removed7. The Executive Director shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other servants.

RemovedArticle 23 Tasks and responsibilities of the Executive Director

Removed1. The Executive Director shall manage the Agency in accordance with the decisions of the Management Board and shall be accountable to the Management Board.

Removed2. Without prejudice to the powers of the Commission, the Management Board, and the Executive Board, the Executive Director shall be independent in the performance of the duties and shall neither seek nor take instructions from any government nor from any other body.

Removed3. The Executive Director shall report to the European Parliament on the performance of his/her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties.

Removed4. The Executive Director shall be the legal representative of the Agency. Therefore, the Executive Director shall: [Am. 79]

Removed(a) provide for technical assistance and expertise to the Commission and the Member States in the context of the IMO; [Am. 80]

Removed(b) be accountable to the Management Board of the Agency, when taking politically sensitive decisions in the interest of the Union. [Am. 81]

Removed5. The Executive Director shall be responsible for the implementation of the tasks assigned to the Agency by this Regulation. In particular, the Executive Director shall:

Removed(a) ensure the sustainable and efficient day-to-day administration of the Agency; [Am. 82]

Removed(b) organise, direct and supervise the operations and the staff of the Agency within the limits of the decisions of the Management Board;

Removed(c) prepare and implement the decisions adopted by the Management Board;

Removed(d) prepare draft financial rules applicable to the Agency for adoption by the Management Board;

Removed(e) draw up estimates of the Agency's revenue and expenditure, in accordance with Article 27, and implementing the budget in accordance with Article 28;

Removed(f) prepare the draft single programming document and submit it for adoption to the Management Board after consulting the Commission at least four weeks before the relevant Management Board meeting;

Removed(g) implement the single programming document, assessing progress compared to the relevant indicators and report to the Management Board on its implementation;

Removed(h) prepare the Agency’s consolidated annual activity report and present it to the Management Board for assessment and adoption;

Removed(i) respond to any requests for assistance in accordance with Article 17(5);

Removed(j) decide to carry out the visits and inspections provided for in Article 10, after consultation of the Commission and following the methodology for visits established by the Management Board in accordance with Article 16(1) point (g);

Removed(k) decide to enter into administrative arrangements with other Union bodies working in the Agency's fields of activities provided that the draft arrangement has been submitted for consultation to the Commission first and the Management Board in accordance with Article 11(5) and provided that the Management Board has not objected within four weeks;

Removed(l) take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with the provisions of this Regulation;

Removed(m) organise an effective monitoring system in order to be able to compare the Agency's achievements with its objectives and tasks as laid down in this Regulation. To that end, he or she shall establish, in agreement with the Commission and the Management Board, tailored performance indicators allowing for an effective assessment of the results achieved. He or she shall ensure that the Agency's organisational structure be regularly adapted to the evolving needs within the available financial and human resources. In this regard, he or she shall establish regular evaluation procedures that meet recognised professional standards;

Removed(n) establish and ensure the functioning of an effective and efficient internal control system and report any significant change to it to the Management Board;

Removed(o) ensure the carrying out of risk assessments and risk management for the Agency;

Removed(p) prepare a follow-up action plan in relation to the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and EPPO, as referred to in Article 38, and report on progress twice a year to the Commission and regularly to the Management Board;

Removed(q) protect 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 and EPPO, 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(r) prepare an anti-fraud strategy, an efficiency gains and synergies strategy, a strategy for cooperation with third countries or international organisations, or both, and a strategy for the organisational management and internal control systems, for the Agency and present it to the Management Board for approval;

Removed(s) promote diversity and ensure gender balance as regards the recruitment of the Agency’s staff;

Removed(t) recruit staff on the broadest possible geographical basis;

Removed(u) design and implement a communication policy for the Agency;

Removed(v) perform any other tasks entrusted or delegated to him or her by the Management Board or as may be required by this Regulation.

RemovedArticle 24 Participation of third countries

Removed1. The Agency shall be open to the participation of third countries, which have entered into agreements with the Union, whereby they have adopted and are applying the Union law in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships.

Removed2. Under the relevant provisions of those agreements, arrangements specifying the nature and the extent of the detailed rules for the participation by those countries in the work of the Agency including provisions on financial contributions and staff shall be concluded by the Agency following the opinion of the Commission.

RemovedCHAPTER VI FINANCIAL PROVISIONS

RemovedArticle 25 Financial rules

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

RemovedArticle 26 Budget

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

Removed2. The Agency's budget shall be balanced in terms of revenue and of expenditure.

Removed3. Without prejudice to other resources, the Agency's revenue shall comprise:

Removed(a) a contribution from the Union entered in the general budget of the European Union and grants from Union bodies;

Removed(b) possible contributions from any third country which participates in the work of the Agency in accordance with Article 24;

Removed(c) any fees and charges for infrastructure, publications, training or any other services falling under the scope of this Regulation provided by the Agency in accordance with the delegated acts and implementing acts adopted pursuant to referred to in Article 33; [Am. 83]

Removed(d) any voluntary financial contribution from Member States, third countries or other entities, provided such contribution is transparent, is clearly identified in the budget and does not compromise the independence and impartiality of the Agency.

Removed4. The expenditure of the Agency shall include staff remuneration, administrative and infrastructure expenses and operating costs.

RemovedArticle 27 Establishment of the budget

Removed1. Each year, the Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.

Removed2. The Management Board shall, on the basis of that draft, adopt a provisional draft estimate of the Agency's revenue and expenditure for the following financial year.

Removed3. The provisional draft estimate of the Agency's revenue and expenditure shall be sent to the Commission by 31 January each year. The Management Board shall send the final draft estimate to the Commission by 31 March of that year.

Removed4. The Commission shall send the statement of estimates to the budgetary authority together with the draft general budget of the European Union.

Removed5. On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the European Union the estimates it considers necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 of the TFEU.

Removed6. The budgetary authority shall authorize the appropriations for the contribution to the Agency.

Removed7. The budgetary authority shall adopt the Agency's establishment plan.

Removed8. The Agency's budget shall be adopted by the Management Board by a majority of two-thirds of members entitled to vote. It shall become final following final adoption of the general budget of the European Union. Where necessary, it shall be adjusted accordingly. [Am. 84]

Removed9. For any building project likely to have significant implications for the budget of the Agency the provisions of Delegated Regulation (EU) 2019/715 shall apply.