Changes from adopted text to adopted text

RemovedArticle 28 Implementation of the budget

Removed1. The Executive Director shall implement the Agency's budget.

Removed2. Each year the Executive Director shall send to the budgetary authority all information relevant to the findings of evaluation procedures.

RemovedArticle 29 Presentation of accounts and discharge

Removed1. By 1 March of the following financial year, the Agency's accounting officer shall send the provisional accounts to the Commission's accounting officer and to the Court of Auditors.

Removed2. By 31 March of the following financial year, the Agency shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors.

Removed3. By 31 March of the following financial year, the Commission's accounting officer shall send the Agency's provisional accounts, consolidated with the Commission's accounts, to the Court of Auditors.

Removed4. On receipt of the Court of Auditors' observations on the Agency's provisional accounts pursuant to Article 246 of the Financial Regulation, the Executive Director shall draw up the Agency's final accounts under his or her own responsibility and submit them to the Management Board for an opinion.

Removed5. The Management Board shall deliver an opinion on the Agency's final accounts.

Removed6. The accounting officer shall, by 1 July of the following financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

Removed7. The final accounts shall be published in the Official Journal of the European Union by 15 November of the following financial year.

Removed8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September. The Executive Director shall also send that reply to the Management Board.

Removed9. The Executive Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 261(3) of the Financial Regulation.

Removed10. On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, give a discharge to the Executive Director in respect of the implementation of the budget for year N.

RemovedCHAPTER VII STAFF

RemovedArticle 30 General provision

RemovedThe Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants shall apply to the staff of the Agency.

RemovedArticle 31 Seconded national experts and other staff

Removed1. The Agency may make use of seconded national experts or other staff not employed by the Agency.

Removed2. The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.

RemovedCHAPTER VIII GENERAL AND FINAL PROVISIONS

RemovedArticle 32 Legal status and seat

Removed1. The Agency shall be a body of the Union and shall have legal personality.

Removed2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may in particular, acquire and dispose of movable and immovable property and be a party to legal proceedings.

Removed3. The Agency shall be represented by its Executive Director.

Removed4. The seat of the Agency shall be in Lisbon, the Republic of Portugal.

Removed4a. In order to achieve financial savings, the Agency shall where appropriate cooperate closely with other Union institutions, agencies and bodies, especially those that have their seat in the same Member State. [Am. 85]

Removed5. At the request of the Commission, the Management Board may decide, after informing the competent committee of the European Parliament, with the agreement of and in cooperation with the Member States concerned and with due regard to budgetary implications, including any contribution the Member States concerned may provide, to establish regional centres necessary in order to carry out, in the most efficient and effective way, some of the Agency’s tasks. When taking such a decision, the Management Board shall define the precise scope of activities of the regional centre while avoiding unnecessary financial costs and enhancing cooperation with existing regional and national networks. [Am. 86]

RemovedArticle 33 Implementing acts relating to Fees and charges [Am. 87]

Removed1. The Commission shall adopt, in accordance with the principles set out in paragraphs 2, 3 and 4 implementing acts specifying:

Removed(a) the fees and charges payable to the Agency, in particular in application of Article 26 (3) point (c); and

Removed(b) the conditions of payment.

RemovedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34 (2). [Am. 88]

Removed2. Fees and charges shall be levied for possible services provided by the Agency, in particular to third countries and the industry for tasks falling under its competencies.

Removed3. All fees and charges shall be expressed, and payable, in euro. Fees and charges shall be set in a transparent, fair and uniform manner. The specific needs of small and medium-sized enterprises, including the possibility of splitting payments into several instalments and phases, shall be taken into account, as appropriate. The apportionment of the fees shall be clearly identified in the accounts. Reasonable deadlines shall be set for the payment of fees and charges.

Removed4. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services provided. All expenditure of the Agency attributed to staff involved in the activities referred to in paragraph 2, including the employer's pro-rata contribution to the pension scheme, shall in particular be reflected in that cost. Should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent, the level of those fees and charges shall be revised. Those fees and charges shall be assigned revenues for the Agency.

Removed4a. The Commission shall adopt delegated acts in accordance with Article 33a, supplementing this Regulation by laying down the methodology for calculating the fees and charges referred to in paragraph 2. That methodology shall be based on the principles laid down in paragraphs 3 and 4. [Am. 89]

Removed4b. On the basis of the methodology laid down pursuant to paragraph 4a, the Commission shall adopt implementing acts specifying the fees and charges for the delivery of services. Those acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). [Am. 90]

RemovedArticle 33a Exercise of the delegation

Removed1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed2. The power to adopt delegated acts referred to in Article 33(4a) shall be conferred on the Commission for an indeterminate period of time from ...[date of application of the Regulation]. / for a period of … years from …

Removed3. The delegation of power referred to in Article 33(4a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Removed4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

Removed5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Removed6. A delegated act adopted pursuant to Article 33(4a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 91]

RemovedArticle 34 Committee procedure

Removed1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Removed2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

RemovedArticle 35 Privileges and immunities

RemovedThe Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.

RemovedArticle 36 Language arrangements

Removed1. The provisions laid down in Council Regulation No 1 shall apply to the Agency.

Removed2. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the Bodies of the European Union.

RemovedArticle 37 Transparency

Removed1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council shall apply to documents held by the Agency.

Removed2. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001.

Removed3. Decisions taken by the Agency under Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 of the TFEU respectively.

Removed4. The processing of personal data by the Agency shall be subject to Regulation (EU) 2018/1725 of the European Parliament and of the Council.

RemovedArticle 38 Combating fraud

Removed1. In order to facilitate combating fraud, corruption, abuse of office and other unlawful activities under Regulation (EU, Euratom) No 883/2013 the Agency shall adopt appropriate provisions applicable to all employees of the Agency. [Am. 92]