Changes from adopted text to adopted text

Removed6. The Management Board's rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member.

RemovedSection 2 The Executive Board

RemovedArticle 217 Executive Board

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

Removed2. The Executive Board shall:

Removed(a) supervise the preparatory work for decisions to be adopted by the Management Board;

Removed(b) 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 EPPO as well as implement adequate procedures of reporting suspicions of criminal conduct to the latter; [Am. 247]

Removed(c) supervise the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management.

Removed3. When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular as regards the following matters:

Removed(a) on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.

Removed(b) where a crisis situation has been identified as laid down in Title XI, and requires immediate action or adjustment of the EU Customs Authority’s activities.

Removed4. The Executive Board shall be composed of the two representatives 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 and with the aim to ensure gender balance. 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 decisions of the Executive Board shall be taken by simple majority. Decisions with respect to paragraph (2), point (b) may only be taken if one representative of the Commission casts a positive vote. [Am. 248]

Removed5. The term of office of members of the Executive Board shall be 4 years, and shall be renewable. 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.

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

RemovedSection 3 the Executive Director

RemovedArticle 218 Appointment, dismissal, and extension of the term of office

Removed1. The Executive Director shall be engaged as a temporary agent of the EU Customs Authority in accordance with Article 2(a) of the Conditions of Employment of other servants.

RemovedThe Executive Director shall be appointed by the Management Board on grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of at least three candidates proposed by the Commission,, in accordance with the following an open and transparent selection procedure.: [Am. 249]

Removed(a) on the basis of a shortlist drawn up and published by the Commission ensuring gender balance after a call for candidates and a transparent selection procedure, applicants will be asked to address the committee responsible of the European Parliament and the Council and to reply to questions; [Am. 250]

Removed(b) the European Parliament and the Council will then give their opinions and state their preferences; [Am. 251]

Removed(c) the Management Board will appoint the Executive Director taking those opinions into account. [Am. 252]

RemovedFor the purpose of concluding the contract of the Executive Director, the EU Customs Authority shall be represented by the Chairperson of the Management Board.

Removed2. The term of office of the Executive Director shall be 5 years. In due time before the end of that period, the Commission shall carry out an assessment that takes into account an evaluation of the performance of the Executive Director and the EU Customs Authority’s future tasks and challenges.

Removed3. The Management Board, acting on a proposal from the Commission whichthat takes into account the assessment referred to in paragraph 2, may extend the term of office of the Executive Director once for no more than 5 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 its decision to extend the mandate, the Executive Director may be asked to make a declaration before the committee responsible of the European Parliament and answer questions. [Am. 253]

Removed4. 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 overall period.

Removed5. 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 of the reasons. [Am. 254]

Removed6. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director and Deputy Executive Director on the basis of a two-thirds majority of its members with voting rights.

RemovedArticle 219 Tasks and responsibilities of the Executive Director

Removed1. The Executive Director shall manage the EU Customs Authority. The Executive Director shall be accountable to the Management Board.

Removed2. Without prejudice to the powers of the Commission and the Management Board, the Executive Director shall be independent in the performance of his/her tasks 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 and the Council on the performance of his or her duties and the overall performance of the EU Customs Authority when invited to do so. The Executive Director may be called upon at any time by the European Parliament or by the Council to attend a hearing on any matter linked to the Agency's activities. [Am. 255]

Removed4. The Executive Director shall be the legal representative of the EU Customs Authority.

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

Removed(a) ensure the sustainable and efficient day-to-day administration of the EU Customs Authority; [Am. 256]

Removed(b) implement decisions adopted by the Management Board;

Removed(c) prepare the draft single programming document referred to in Article 223 and submit it to the Management Board after consulting the Commission;

Removed(d) implement the single programming document referred to in Article 223 and report to the Executive Board and the Management Board on its implementation;

Removed(e) prepare the consolidated annual report on the EU Customs Authority’s activities and present them to the Management Board for assessment and adoption;

Removed(f) prepare an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as on investigations by OLAF and by the EPPO, and report on progress twice a year to the Commission and regularly to the Executive Board and the Management Board, as well as, where applicable, ensuring reporting of suspicions of criminal conduct to EPPO; [Am. 257]

Removed(g) without prejudice to the investigative competence of the EPPO and of OLAF, protect the financial interests of the Union by applying internal preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative and financial penalties;

Removed(h) prepare an internal anti-fraud strategy, an efficiency gains and synergies strategy, a strategy for cooperation with third countries and/or international organisations and a strategy for the organisational management and internal control systems, for the EU Customs Authority and present it to the Management Board for approval;

Removed(i) prepare draft financial rules applicable to the EU Customs Authority and submitting them to the Management Board for adoption after consulting the Commission;

Removed(j) prepare provisional draft statements of estimates of the EU Customs Authority’s revenue and expenditure in accordance with Article 224, and implementing its budget;

Removed(k) with regard to the EU Customs Authority’s staff, exercise the powers of the appointing authority referred to in Article 215(1), point (i), to the extent that those powers have been delegated to him or her in accordance with Article 215(2);

Removed(l) taking decisions with regard to the EU Customs Authority’s internal structures including, where necessary, deputising functions which may cover the day-to-day management of the EU Customs Authority and, where necessary, their amendment, taking into account the needs relating to the EU Customs Authority’s activities and sound budgetary management;

Removed(m) negotiating and, after approval by the Management Board, signing a Headquarters Agreement concerning the seat of the EU Customs Authority, and, where applicable, similar agreements with the host Member States where local offices are located;

Removed(n) preparing the practical arrangements for the implementation of Regulation (EC) No 1049/2001 of the European Parliament and of the Council and submitting them to the Management Board for adoption;

Removed(o) promote diversity and aim at ensuring gender balance as regards the recruitment of the EU Customs Authority’s staff;

Removed(p) aiming at recruiting staff on the broadest possible geographical basis, bearing in mind that recruitment criteria must solely be based on merits.

RemovedArticle 220 Deputy Executive Director

Removed1. The Management Board may decide to create a function of a Deputy Executive Director to assist the Executive Director.

Removed2. In the case the Management Board decides to create a function of a Deputy Executive Director, the provisions of Article 217 shall apply to the Deputy Executive Director accordingly.

RemovedArticle 221 Tasks and Responsibilities of the Deputy Executive Director

RemovedIf the function of the Deputy Executive Director is created, the Deputy Executive Director shall assist the Executive Director in the management of the Agency and in the performance of the tasks referred to in Article 218. If the Executive Director is absent or indisposed, or the post is vacant, the Deputy Executive Director shall take his or her place.

RemovedArticle 221a Customs Advisory Board

Removed1. The EU Customs Authority shall establish a Customs Advisory Board to assist the Executive Board.

Removed2. The Customs Advisory Board is tasked to provide advice:

Removed(a) on the implementation of technical actions and decisions, including risk management and priority areas of control;

Removed(b) on implementation and standardisation issues, including harmonisation activities or the need for the adaptation of the rules;