Changes from adopted text to adopted text

Removed(a) a Management Board, which shall exercise the functions set out in Article 215;

Removed(b) an Executive Board which shall exercise the functions set out in Article 217;

Removed(c) an Executive Director, who shall exercise the responsibilities set out in Article 219;

Removed(d) a Deputy Executive Director, who shall exercise the responsibilities set out in Article 221, if the Management Board decides to create such a function.

Removed(da) a Customs Advisory Board that shall exercise the functions set out in Article 221a. [Am. 234]

RemovedSection 1 The Management Board

RemovedArticle 212 Composition of the Management Board

Removed1. The Management Board shall be composed of one representative from each Member State and, two representatives of the Commission and one expert designated by the European Parliament, all with voting rights. [Am. 235]

Removed2. The Management Board shall also include one member designated by the European Parliament, without the right to vote. [Am. 236]

Removed3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/her absence.

Removed4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of customs, taking into account their relevant managerial, administrative and budgetary skills, and experience with policies of the customs union. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall aimensure to achieve a gender-balanced representation on the Management Board. [Am. 237]

Removed5. The term of office for members and their alternates shall be 4 years. That term shall be extendable for the same period. [Am. 238]

Removed5a. When a member of the Management Board or its alternate intends to end its term of office prematurely, the relevant member or its alternate shall inform the Chairperson and Deputy Chairperson of the Management Board thereof and on its replacement. [Am. 239]

Removed5b. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in the situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests, or at least on an annual basis. The Authority shall publish the statements and updates on its website. [Am. 240]

RemovedArticle 213 Chairperson of the Management Board

Removed1. The Management Board shall elect a Chairperson from among the Commission representatives and a Deputy Chairperson from among its other members with voting rights.

Removed2. The Deputy Chairperson shall automatically replace the Chairperson if he/she is prevented from attending to his/ her duties.

Removed3. The term of office of the Chairperson and of the Deputy Chairperson shall be 4 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 214 Meetings of the Management Board

Removed1. The Chairperson shall convene the meetings of the Management Board.

Removed2. The Executive Director shall take part in the deliberations, without the right to vote.

Removed3. The Management Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission, or at the request of at least one third of its members.

Removed4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer.

Removed5. The members of the Management Board and their alternates may, subject to its rules of procedure, be assisted at the meetings by advisers or experts.

Removed6. When a matter of confidentiality or conflict of interests is on the agenda, the Management Board shall discuss and decide on this matter without the presence of the member concerned. This shall not affect the right of the Member States, the European Parliament and of the Commission to be represented by an alternate. Detailed rules for the application of this provision may be laid down in the rules of procedure. [Am. 241]

Removed7. The EU Customs Authority shall provide the secretariat for the Management Board.

RemovedArticle 215 Functions of the Management Board

Removed1. The Management Board shall:

Removed(a) give the general orientations of the EU Customs Authority’s activities;

Removed(b) adopt, by a majority of two-thirds of members with voting rights, the annual budget of the EU Customs Authority and exercise other functions in respect of the EU Customs Authority's budget pursuant to Chapter 4;

Removed(c) assess and adopt the consolidated annual activity report on the EU Customs Authority's activities, including an overview of the fulfilment of its tasks and its overall performance in achieving customs policy objectives, and send both the report and its assessment by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors. The consolidated annual activity report shall be made public;

Removed(d) adopt the financial rules applicable to the EU Customs Authority in accordance with Article 222;

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

Removed(f) adopt and make publicly available the rules for the prevention and management of conflicts of interests in respect of its members; and shall publish annually on its website the declaration of interests of the management board members; [Am. 242]

Removed(g) adopt and regularly update the communication and dissemination plans referred to in Article 232, based on an analysis of needs;

Removed(h) adopt and make publicly available its rules of procedure; [Am. 243]

Removed(i) in accordance with paragraph (2), exercise, with respect to the staff of the EU Customs 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(j) adopt implementing rules for giving effect to the Staff Regulations of Officials and the Conditions of Employment of Other Servants in accordance with Article 110(2) of the Staff Regulations;

Removed(k) establish, where appropriate, an internal audit capacity;

Removed(l) adopt the EU Customs Authority’s security rules within the meaning of Article 233;

Removed(m) appoint the Executive Director and Deputy Executive Director, if such a post is created, and where relevant extend their terms of office or remove them from office in accordance with Article 217;

Removed(n) appoint an Accounting Officer, who may be the Commission's Accounting Officer, who shall be subject to the Staff Regulations of Officials and the Conditions of Employment of other servants and who shall be totally independent in the performance of his/her duties;

Removed(o) take all decisions on the establishment of the EU Customs Authority's internal structures and, where necessary, their modification taking into consideration the EU Customs Authority's activity needs and having regard to sound budgetary management.

Removed(p) authorise the conclusion of working arrangements in accordance with Article 240(9).

Removed(pa) establish and adopt the rules of procedure of the Customs Advisory Board; [Am. 244]

Removed(q) set up working groups and expert panels and adopt their rules of procedure;

Removed(r) adopt the draft single programming document referred to in Article 223 before its submission to the Commission for its opinion;

Removed(s) taking into account the opinion of the Commission, adopt the EU Customs Authority's single programming document by a majority of two-thirds of members with voting rights and in accordance with Article 216;

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

Removed(u) adopt a strategy for cooperation with third countries and/or international organisations;

Removed(v) adopt a strategy for the organisational management and internal control systems;

Removed1a. The Management Board may establish working groups and expert panels to assist it in carrying out its tasks, including the preparation of its decisions and monitoring the implementation thereof. [Am. 245]

Removed2. The Management Board shall adopt, in accordance with Article 110 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 and setting out the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

Removed3. Where exceptional circumstances so require, the Management Board may, by way of decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the Executive Director and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

RemovedArticle 216 Voting rules of the Management Board

Removed1. Without prejudice to Article 215(1), points (b), (m) and (s), the Management Board shall take decisions by absolute majority of its members with voting rights.

Removed2. The decision referred to in Article 215(1), points (b), (c), (e), (f), (j), (m), (n), (o) and (s) may only be taken if the representatives of the Commission cast a positive vote. For the purposes of taking the decision referred to in Article 215(1), point (s), the consent of the representatives of the Commission shall only be required on the elements of the decision not related to the annual and multi-annual work programme of the EU Customs Authority. [Am. 246]

Removed3. Each member with voting rights shall have one vote. In the absence of a member with the right to vote, his/her alternate shall be entitled to exercise his/her right to vote.

Removed4. The Chairperson shall take part in the voting.

Removed5. The Executive Director shall not take part in the voting.