BETA

244 Amendments of Sophie MONTEL related to 2016/0256(COD)

Proposal for a regulation
Recital 1

(1) The European Foundation for the improvement of living and working conditions (Eurofound) was established by Regulation (EEC) No 1365/753 to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development, but has not sufficiently demonstrated its effectiveness or usefulness. __________________ 3 Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (OJ L 139, 30.5.1975, p.1).

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 2

(2) Since its establishment in 1975 Eurofound has ~~played an important role in supporting the improvement of living and working conditions throughout the European Union. At the sam~~not succeeded in demonstrating its role in the relative tim~~e the concepts and significance~~provement of living and working conditions have evolved under the influence of societal developments and fundamental changes in the labour markets. In this light terminological adjustments are required in describing the objectives and tasks of Eurofound as compared to Regulation (EEC) No 1365/75throughout the European Union.

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 3

(3) Regulation (EEC) No 1365/75 has been amended several times. Since ~~further amendments are to be made, it~~it is necessary to wind up this agency, the Regulation should therefore be ~~replaced and~~ repealed in the interest of clarity.

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 4

(4) The Agency should be governed and operated in line with the principles of the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012 to the extent possible. This proposal therefore does not prejudge any further amendments to the Founding Regulation of Eurofound which the Commission may wish to propose following further evaluation, as provided for in this act or on its own initiative. The Commission will evaluate the objectives, mandate, governance and tasks of all EU Agencies acting in the field of labour market, working conditions, vocational education and training and skills.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 5

(5) As the three so-called tripartite agencies, the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP) address issues related to the labour market and working environment and vocational education and training and skills, close coordination among the three Agencies is required and ways to enhance efficiency and synergies should be exploited. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the European Commission's in-house research capacities.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 6

(6) The financial provisions and provisions for programming and reporting set out in Regulation (EEC) No 1365/75 should be aligned with Commission Delegated Regulation (EU) No 1271/2013.4 __________________ 4 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 7

(7) The provisions concerning Eurofound's staff set out in Regulation (EEC) No 1365/75 should be aligned with the Staff Regulations of Officials of the European Union (‘Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (‘CEOS’), laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68.5 __________________ 5 Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 8

(8) The Agency should take the necessary measures to ensure safe handling and processing of confidential information. Where required Eurofound will adopt security rules as set out in Commission Decision (EU, Euratom) 2015/4436 and Commission Decision (EU, Euratom) 2015/444.7 __________________ 6 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 7 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Recital 9

(9) It is necessary to provide for transitional budgetary provisions and transitional provisions on the Management Board, Executive Director and staff to ensure continuation of activities of the Agency pending the entry into force of this Regulation,deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 1

1. improvement of living and working conditions, ('the Agency'), also referred to as 'Eurofound', is hereby established as a European Union Agency. 2. be to increase and disseminate knowledge to assist the Commission, otArticle 1 deleted Objectives of the agency Ther EU institutions and bodies, Member States and social partners in shaping and implementing policies aimed at the improvement of living and working conditions, in supporting employment policies and in promoting the dialogue between management and labour.uropean Foundation for the The objectives of the Agency shall

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 1

~~1. The European Foundation for the improvement of living and working conditions, ('the Agency'), also referred to as 'Eurofound', is hereby established as a European Union Agency.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 2

2. The objectives of the Agency shall be to increase and disseminate knowledge to assist the Commission, other EU institutions and bodies, Member States and social partners in shaping and implementing policies aimed at the improvement of living and working conditions, in supporting employment policies and in promoting the dialogue between management and labour.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2

1. following tasks with respect to the policy areas referred to in Article 1(2): (a) comparative analyses of policies, institutional frameworks and practices across countries; (b) working conditions and labour market developments; (c) industrial relation systems and in particular social dialogue at EU level and in the Member States; (d) and carry out research on relevant socio- economic developments and related policy issues; (e) experiences and information between stakeholders, including social partners, and support implementation of reforms and policies at national level; (f) and datasets to policymakers, social partners, academia and other stakeholders. 2. Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies.Article 2 deleted Tasks The Agency shall perform the analyse developments and provide analyse trends in living and analyse the developments in undertake or commission studies provide forums for exchange of manage and make available tools In carrying out its tasks, the

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1

1. The Agency shall perform the following tasks with respect to the policy areas referred to in Article 1(2): (a) comparative analyses of policies, institutional frameworks and practices across countries; (b) analyse trends in living and working conditions and labour market developments; (c) analyse the developments in industrial relation systems and in particular social dialogue at EU level and in the Member States; (d) and carry out research on relevant socio- economic developments and related policy issues; (e) provide forums for exchange of experiences and information between stakeholders, including social partners, and support implementation of reforms and policies at national level; (f) and datasets to policymakers, social partners, academia and other stakeholders.deleted analyse developments and provide undertake or commission studies manage and make available tools

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point a

~~a) analyse developments and provide comparative analyses of policies, institutional frameworks and practices across countries;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point b

~~(b) analyse trends in living and working conditions and labour market developments;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point c

~~(c) analyse the developments in industrial relation systems and in particular social dialogue at EU level and in the Member States;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point d

~~(d) undertake or commission studies and carry out research on relevant socio- economic developments and related policy issues;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point e

~~(e) provide forums for exchange of experiences and information between stakeholders, including social partners, and support implementation of reforms and policies at national level;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point f

~~(f) manage and make available tools and datasets to policymakers, social partners, academia and other stakeholders.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 2

2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 3

Administrative and management structure The Agency's administrative and management structure shall comprise: (a) a Management Board, which shall exercise the functions set out in Article 5; (b) an Executive Board which shall exercise the functions set out in Article 10; (c) exercise the responsibilities set out in Article 11.rticle 3 deleted an Executive Director who shall

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1

The Agency's administrative and management structure shall comprise: (a) a Management Board, which shall exercise the functions set out in Article 5; (b) an Executive Board which shall exercise the functions set out in Article 10; (c) exercise the responsibilities set out in Article 11.deleted an Executive Director who shall

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point a

~~(a) a Management Board, which shall exercise the functions set out in Article 5;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point b

~~(b) an Executive Board which shall exercise the functions set out in Article 10;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point c

~~(c) an Executive Director who shall exercise the responsibilities set out in Article 11.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Chapter 2 – Section 1

~~[...]~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4

Composition of the Management Board 1. The Management Board shall be composed of: (a) one member representing the Government from each Member State; (b) one member representing the employers' organisations from each Member State; (c) one member representing the employees' organisations from each Member State; (d) three members representing the Commission. All members referred to in points (a)-(d) shall have voting rights. The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it. 2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/her absence. The alternate shall be appointed following the procedure as provided for in the first paragraph. 3. Board and their alternates shall be appointed in light of their knowledge in the field of social and work-related policies, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board's work. All parties shall aim to achieve a balanced representation between men and womenArticle 4 deleted Members onf the Management Board. 4. and their alternates shall be four years. That term shall be extendable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced. 5. the representatives of governments, employers' organisations and employees' organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of the deliberationThe term of office for members wWithin and between the groups. The coordinators of the employers' and employees' groups shall be representatives of their respective organisations at European level and do not need to be designated from among the appointed Board members. Coordinators who are not appointed Board members within the meaning of paragraph 1 shall take part in the Management Board meetings without the right to vote.the Management Board,

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1

1. The Management Board shall be composed of: (a) one member representing the Government from each Member State; (b) one member representing the employers' organisations from each Member State; (c) one member representing the employees' organisations from each Member State; (d) three members representing the Commission. All members referred to in points (a)-(d) shall have voting rights. The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1

~~The Management Board shall be composed of: (a) one member representing the Government from each Member State; (b) on~~deleted one member representing the three members representing the ~~employers' organisations from each Member State; (c) employees' organisations from each Member State; (d) Commission.~~

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a

~~(a) one member representing the Government from each Member State;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b

~~(b) one member representing the employers' organisations from each Member State;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point c

~~(c) one member representing the employees' organisations from each Member State;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d

~~(d) three members representing the Commission.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2

~~All members referred to in points (a)-(d) shall have voting rights.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3

The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 2

2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/her absence. The alternate shall be appointed following the procedure as provided for in the first paragraph.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 3

3. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of social and work-related policies, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board's work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 4

4. The term of office for members and their alternates shall be four years. That term shall be extendable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 5

5. Within the Management Board, the representatives of governments, employers' organisations and employees' organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of the deliberations within and between the groups. The coordinators of the employers' and employees' groups shall be representatives of their respective organisations at European level and do not need to be designated from among the appointed Board members. Coordinators who are not appointed Board members within the meaning of paragraph 1 shall take part in the Management Board meetings without the right to vote.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5

~~[...]~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1

~~1. [...]~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) give the general orientations for the agency's activities and adopt each year the Agency's programming document by a majority of two-thirds of the members entitled to vote and in accordance with Article 6;deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point b

~~(b) adopt, by a majority of two-thirds of the members entitled to vote, the annual budget of the Agency and exercise other functions in respect of the Agency's budget pursuant to Chapter III;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) adopt the consolidated annual activity report together with its assessment on the Agency's activities and send these by 1 July each year to the European Parliament, the Council, the Commission and the European Court of Auditors. The consolidated annual activity report shall be made public;deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point d

~~(d) adopt the financial rules applicable to the Agency in accordance with Article 17;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point e

~~(e) adopt an anti-fraud strategy, proportionate to fraud risks taking into account the costs and benefits of the measures to be implemen~~deleted;

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point f

~~(f) adopt rules for the prevention and management of conflicts of interest in respect of its members and independent experts;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point g

~~(g) adopt and regularly update the communication and dissemination plans based on an analysis of needs;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point h

~~(h) adopt its rules of procedure;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point i

(i) in accordance with paragraph 2, exercise, with respect to the staff of the Agency, 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");deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point j

~~(j) adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point k

~~(k) appoint the Executive Director and where relevant extend the term of office or remove the Executive Director from office in accordance with Article 19;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point l

~~(l) appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of other servants, who shall be totally independent in the performance of his/her duties;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point m

(m) monitor 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).deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point n

(n) take all decisions on the establishment of the Agency's internal structures and, where necessary, their modification, taking into consideration the Agency's activity needs as well as having regard to sound budgetary management.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – point o

~~(o) authorise the establishment of working arrangements in accordance with Article 30 (1).~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2

2. 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 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. Where 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1

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 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2

Where 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6

~~[...]~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 1

1. Each year, the Executive Director shall, in line with Article 11 (5) c, draw up a programming document containing multiannual and annual programming in line with Article 32 of the Commission delegated Regulation (EU) No 1271/20138 and taking into account guidelines set by the Commission. __________________ 8Commission No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).deleted Delegated Regulation (EU)

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 2

2. By 30 November each year, the Management Board shall adopt the programming document referred to in paragraph 1 and shall forward it to the European Parliament, the Council and the Commission no later than 31 January as well as any later updated version of that document. The programming document shall become definitive after final adoption of the general budget of the Union and if necessary shall be adjusted accordingly.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

By 30 November each year, the Management Board shall adopt the programming document referred to in paragraph 1 and shall forward it to the European Parliament, the Council and the Commission no later than 31 January as well as any later updated version of that document.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

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

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 3

3. 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 5. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 4

4. The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. The Management Board may delegate the power to make non- substantial amendments to the annual work programme to the Executive Director. Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1

The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2

~~Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 5

5. 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. It shall include a strategy for relations with third countries and international organisations, with a specification of associated resources. 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 28.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1

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. It shall include a strategy for relations with third countries and international organisations, with a specification of associated resources.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2

~~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 28.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 7

Chairperson of the Management Board 1. elect a Chairperson and three Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the Commission. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights. 2. Chairperson and the Deputy Chairpersons shall be two years.Article 7 deleted The Management Board shall 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.~~of the

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 1

1. The Management Board shall elect a Chairperson and three Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the Commission. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 2

2. The term of office of the Chairperson and the Deputy Chairpersons shall be two 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 8

~~1. m~~Article 8 deleted Meetings of the Management Board. 2. Agency shall take part in the deliberations, without the right to vote. 3. one ordinary meeting 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. 4. invite any person whose opinion may be of interest to attend its meetings as an observer. 5. secretariat for the Management Board. The Chairperson shall convene The Executive Director of the The Management Board shall hold The Management Board may The Agency shall provide the

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 1

~~1. The Chairperson shall convene meetings of the Management Board.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 2

~~2. The Executive Director of the Agency shall take part in the deliberations, without the right to vote.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 3

3. The Management Board shall hold one ordinary meeting 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 4

~~4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 5

~~5. The Agency shall provide the secretariat for the Management Board.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 9

~~Voting rules of the Management Board 1. (a) and (b) and~~ Article 19 (7), the Management Board shall take decisions by majority of members with voting rights. 2. 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. 3. the voting. 4. part in the deliberations, without the right to vote 5. 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.deleted Without prejudice to Article 5 (1) Each member with voting rights The Chairperson shall take part in The Executive Director shall take

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1

~~1. Without prejudice to Article 5 (1) (a) and (b) and Article 19 (7), the Management Board shall take decisions by majority of members with voting rights.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 2

~~2. 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.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 3

~~3. The Chairperson shall take part in the voting.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 4

~~4. The Executive Director shall take part in the deliberations, without the right to vote~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 5

~~5. 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.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Chapter 2 – section 2

Executive Board 1. The Management Board shall be assisted by an Executive Board. 2. The Executive Board shall: (a) prepare decisions to be adopted by the Management Board; (b) monitor, 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 the European Anti- fraud Office (OLAF); (c) without prejudice to the responsibilities of the Executive Director, as set out in Article 11, assist and advise him/her in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management. 3. Where 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. 4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members. 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. 5. The term of office of members of the Executive Board shall be two years. That term shall be extendable. The term of office of members of the Executive Board shall end when their membership of the Management Board ends. 6. The Executive Board shall meet three times a year. The Chairperson can convene additional meetings at the request of its members 7. The Management Board shall lay down the rules of procedure of the Executive Board.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10

1. assisted by an Executive Board. 2. (a) the Management Board; (b) 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 the European Anti- fraud Office (OLAF); (c) responsibilities of the Executive Director, as set out in Article 11, assist and advise him/her in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management. 3. 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. 4. composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of the Commission. Each group referred to in ArtArticle 10 deleted Executive Board The Management Board shall be The Executive Board shall: prepare decisions to be adopted by monitor, together with the without prejudicle 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members. 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. 5. the Executive Board shall be two years. That term shall be extendable.to the Where necessary, because of The Executive Board shall be The term of office of members of tThe Executive Board shall end when their membership of the Management Board ends. 6. three times a year. The Chairperson can convene additional meetings at the request of its members 7. down the rules of procedure of the Executive Board.meet The Management Board shall lay

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 1

~~1. The Management Board shall be assisted by an Executive Board.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Board shall: (a) the Management Board; (b) 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 the European Anti- fraud Office (OLAF); (c) responsibilities of the Executive Director, as set out in Article 11, assist and advise him/her in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management.deleted prepare decisions to be adopted by monitor, together with the without prejudice to the

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2 – point a

~~(a) prepare decisions to be adopted by the Management Board;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2 – point b

(b) monitor, 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 the European Anti- fraud Office (OLAF);deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2 – point c

(c) without prejudice to the responsibilities of the Executive Director, as set out in Article 11, assist and advise him/her in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 3

3. Where 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 4

4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members. 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 5

5. The term of office of members of the Executive Board shall be two years. That term shall be extendable. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 6

~~6. The Executive Board shall meet three times a year. The Chairperson can convene additional meetings at the request of its members~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 7

~~7. The Management Board shall lay down the rules of procedure of the Executive Board.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Chapter 2 – Section 3

~~[...]~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11

~~[...]~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 1

~~1. The Executive Director shall manage the Agency. The Executive Director shall be accountable to the Management Board.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 2

2. 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 3

3. 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 4

~~4. The Executive Director shall be the legal representative of the Agency.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5

5. 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 be responsible for: (a) the Agency; (b) the Management Board; (c) document and submitting it to the Management Board after consulting the Commission; (d) document and reporting to the Management Board on its implementation; (e) report on the Agency's activities and presenting it to the Management Board for assessment and adoption; (f) following-up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-fraud Office (OLAF) and reportdeleted the day-to-day administration of implementing decisions adopted by preparing onthe progress twice a year to the Commission and regularly to the Management Board and the Executive Board; (g) protecting the financial interests of the Union by applying 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; (h) for the Agency and presenting it to the Management Board for approval; (i) preparing draft financial rules applicable to the Agency; (j) preparing the Agency's draft statement of estimates of revenue and expenditure and implementing its budget.amming implementing the programming preparing the consolidated annual preparing an action plan preparing an anti-fraud strategy

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point a

~~(a) the day-to-day administration of the Agency;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point b

~~(b) implementing decisions adopted by the Management Board;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point c

~~(c) preparing the programming document and submitting it to the Management Board after consulting the Commission;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point d

~~(d) implementing the programming document and reporting to the Management Board on its implementation;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point e

~~(e) preparing the consolidated annual report on the Agency's activities and presenting it to the Management Board for assessment and adoption;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point f

(f) preparing an action plan following-up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-fraud Office (OLAF) and reporting on progress twice a year to the Commission and regularly to the Management Board and the Executive Board;deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point g

(g) protecting the financial interests of the Union by applying 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;deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point h

~~(h) preparing an anti-fraud strategy for the Agency and presenting it to the Management Board for approval;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point i

~~(i) preparing draft financial rules applicable to the Agency;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 5 – point j

~~(j) preparing the Agency's draft statement of estimates of revenue and expenditure and implementing its budget.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 6

6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish one or more local offices in one or more Member States. That decision requires the prior consent of Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Chapter 2 – Section 4

deleted Advisory cCommittees 1. established by the Management Board in line with the policy priority areas outlined in the Agency's programming documents. 2. operational bodies aimed at ensuring the quality of the research produced by the Agency, as well as a wide ownership of the projects and of the results, by participating in the implementation of the Agency's programmes and providing advice and new inputs. 3. Board and the Executive Board Advisory Committees carry out the following main functions related to research projects: (a) implementation; (b) implementation; (c) (d) results. 4. Advisory Committees are adopted by the Management Board. The coordinators of the groups referred to in Article 4 (5) shall oversee the nomination and participation of the members of the Advisory Committees in line with aforementioned Rules of Procedure. 5. The Management Board decides on the dissolution of Advisory Committees, in line with the priorities outlined in the Agency's programming documents.are Advisory Committees are In liaison with the Management give advice on their design and monitor progress of evaluate findings; advise on the dissemination of The Rules of Procedure of the

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12

1. established by the Management Board in line with the policy priority areas outlined in the Agency's programming documents. 2. operational bodies aimed at ensuring the quality of the research produced by the Agency, as well as a wide ownership of the projects and of the results, by participating in the implementation of the Agency's programmes and providing advice and new inputs. 3. In liaison with the Management Board and the Executive BoardArticle 12 deleted Advisory committees Advisory Committees are Advisory Committees carry out the following main functions related to research projects: (a) give advice on their design and implementation; (b) implementation; (c) (d) results. 4. Advisory Committees are adopted by the Management Board. The coordinators of the groups referred to in Article 4 (5) shall oversee the nomination and participe monitor progress of evaluate findings; advise on the dissemination of tThe ~~members of the Advisory Committees in line with aforementioned~~ Rules of Procedure~~. 5.~~ onf the ~~dissolution of Advisory Committees, in line with the priorities outlined in the Agency's programming documents.~~The Management Board decides

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1

~~1. Advisory Committees are established by the Management Board in line with the policy priority areas outlined in the Agency's programming documents.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 2

2. Advisory Committees are operational bodies aimed at ensuring the quality of the research produced by the Agency, as well as a wide ownership of the projects and of the results, by participating in the implementation of the Agency's programmes and providing advice and new inputs.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 3

~~3. In liaison with the Management Board and the Executive Board Advisory Committees carry out the following main functions related to research projects: (a) give~~deleted evaluate findings; advicse on the~~ir design and implementation; (b) monitor progress of implementation; (c) (d) results.~~ dissemination of

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 3 – point a

~~(a) give advice on their design and implementation;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 3 – point b

~~(b) monitor progress of implementation;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 3 – point c

~~(c) evaluate findings;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 3 – point d

~~(d) advise on the dissemination of results.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 4

4. The Rules of Procedure of the Advisory Committees are adopted by the Management Board. The coordinators of the groups referred to in Article 4 (5) shall oversee the nomination and participation of the members of the Advisory Committees in line with aforementioned Rules of Procedure.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 5

~~5. The Management Board decides on the dissolution of Advisory Committees, in line with the priorities outlined in the Agency's programming documents.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13

~~1. expenditure for the Agency shall be prepared each financial year, corresponding to the calendar year, and shall be shown in the Agency's budget. 2. balanced in term~~Article 13 deleted Budget Estimates of all revenue and of expenditure. 3. resources, the Agency's revenue shall comprise: (a) entered in the general budget of the European Union; (b) contribution from the Member States; (c) service provided by the Agency; (d) countries participating in the work of the Agency, as provided for by Article 30. 4. shall include staff remuneration, administrative and infrastructure expenses and operational expenditure.The Agency's budget shall be Without prejudice to other a contribution from the Union any voluntary financial charges for publications and any any contribution from third The expenditure of the Agency

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 1

~~1. 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.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2

~~2. The Agency's budget shall be balanced in terms of revenue and of expenditure.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 3

3. Without prejudice to other resources, the Agency's revenue shall comprise: (a) a contribution from the Union entered in the general budget of the European Union; (b) any voluntary financial contribution from the Member States; (c) service provided by the Agency; (d) any contribution from third countries participating in the work of the Agency, as provided for by Article 30.deleted charges for publications and any

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 3 – point a

~~(a) a contribution from the Union entered in the general budget of the European Union;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 3 – point b

~~(b) any voluntary financial contribution from the Member States;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 3 – point c

~~(c) charges for publications and any service provided by the Agency;~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 3 – point d

~~(d) any contribution from third countries participating in the work of the Agency, as provided for by Article 30.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 4

~~4. The expenditure of the Agency shall include staff remuneration, administrative and infrastructure expenses and operational expenditure.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14

~~Establishment of the budget 1. shall draw up a provisional draft estimate of the Agency's revenue and expenditure for the following financial year, including the establishment plan, and send it to t~~Article 14 deleted Each year, the Executive Director The Management Board. 2. the basis of that provisional draft, adopt a draft estimate of the Agency's revenue and expenditure for the following financial year. 3. revenue and expenditure shall be sent to the Commission by 31 January each year. 4. estimates to the budgetary authority together with the draft general budget of the Union. 5. the Commission shall enter in the draft general budget of the Union the estimates it considers necessary for the establishment plan and the amount of the contribution to be charged to the general budget, which shall, on The draft estimate of the Agency's The Commission shall send draft On the basis of the draft estimates, The budgetary authority shall ~~place before t~~The budgetary authority in accordance with Articles 313 and 314 of the Treaty. 6. authorise the appropriations for the contribution to the Agency. 7. adopt the Agency's establishment plan. 8. adopted by the Management Board. It shall become final following final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly. 9. have significant implications for the budget of the Agency the provisions of Delegated Regulation (EU) No 1271/2013 shall apply.shall The Agency's budget shall be For any building project likely to

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 1

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

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2

~~2. The Management Board shall, on the basis of that provisional draft, adopt a draft estimate of the Agency's revenue and expenditure for the following financial year.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 3

~~3. The draft estimate of the Agency's revenue and expenditure shall be sent to the Commission by 31 January each year.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 4

~~4. The Commission shall send draft estimates to the budgetary authority together with the draft general budget of the Union.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 5

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

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 6

~~6. The budgetary authority shall authorise the appropriations for the contribution to the Agency.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 7

~~7. The budgetary authority shall adopt the Agency's establishment plan.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 8

~~8. The Agency's budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 9

~~9. For any building project likely to have significant implications for the budget of the Agency the provisions of Delegated Regulation (EU) No 1271/2013 shall apply.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 15

~~1. implement the Agency's budget. 2. shall send to the budgetary authority all information relevant to the findings of evaluation procedures.~~Article 15 deleted Implementation of the budget The Executive Director shall Each year the Executive Director

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 1

~~1. The Executive Director shall implement the Agency's budget.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 2

~~2. Each year the Executive Director shall send to the budgetary authority all information relevant to the findings of evaluation procedures.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16

Presentation of accounts and discharge 1. financial year, the Agency's accounting officer shall send the provisional accounts to the Commission's Accounting Officer and to the European Court of Auditors. 2. financial year, the Agency shall send the report on the budgetary and financial management to the European Parliament, the Council and the European Court of Auditors. 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 European Court of Auditors. 3. of Auditors' observations on the Agency's provisional accounts pursuant to Article 148 of the Financial Regulation, the Executive Director shall draw up the Agency's final accounts under his/her own responsibility and submit them to the Management Board for an opinion. 4. deliver an opinion on the Agency's final accounts. 5. July following each 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. 6. published in the Official Journal of the European Union by 15 November of the following year. 7. the European Court of Auditors a reply to its observations by 30 September. The Executive Director shall also send this reply to the Management Board. 8. 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 165(3) of the Financial Regulation. 9. 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.Article 16 deleted By 1 March of the following By 31 March of the following On receipt of the European Court The Management Board shall The accounting officer shall, by 1 The final accounts shall be The Executive Director shall send The Executive Director shall

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 1

~~1. 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 European Court of Auditors.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 2

2. 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 European Court of Auditors. 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 European Court of Auditors.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1

~~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 European Court of Auditors.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2

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 European Court of Auditors.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 3

3. On receipt of the European Court of Auditors' observations on the Agency's provisional accounts pursuant to Article 148 of the Financial Regulation, the Executive Director shall draw up the Agency's final accounts under his/her own responsibility and submit them to the Management Board for an opinion.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 4

~~4. The Management Board shall deliver an opinion on the Agency's final accounts.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 5

5. The accounting officer shall, by 1 July following each 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 6

~~6. The final accounts shall be published in the Official Journal of the European Union by 15 November of the following year.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 7

~~7. The Executive Director shall send the European Court of Auditors a reply to its observations by 30 September. The Executive Director shall also send this reply to the Management Board.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 8

8. 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 165(3) of the Financial Regulation.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 9

9. 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 17

The financial rules applicable to the Agency shall be adopted by the Management Board after consulting the Commission. They shall not depart from Regulation (EU) 1271/2013 unless such a departure is specifically required for the Agency's operation and the Commission has given its prior consent.Article 17 deleted Financial rules

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 1

The financial rules applicable to the Agency shall be adopted by the Management Board after consulting the Commission. They shall not depart from Regulation (EU) 1271/2013 unless such a departure is specifically required for the Agency's operation and the Commission has given its prior consent.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 18

1. 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. 2. adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations.Article 18 deleted General Provisions The Staff Regulations and the The Management Board shall

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 18 – paragraph 1

1. The 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 18 – paragraph 2

2. The Management Board shall adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19

1. member of staff and shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other servants. 2. appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the Chairperson of the Management Board. 3. Director shall be five years. By 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. 4. a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years. 5. of office has been extended may not participate in another selection procedure for the same post at the end of the overall period. 6. removed from office only upon a decision of tArticle 19 deleted Executive Director The Executive Director shall be a The Executive Director shall be The term of office of the Executive The Management Board, acting on a proposal from the Commission. 7. 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.An Executive Director whose term The Executive Director may be

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 1

~~1. The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other servants.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 2

2. The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the Chairperson of the Management Board.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1

~~The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2

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

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 3

3. The term of office of the Executive Director shall be five years. By 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 4

4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 5

~~5. 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.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 6

~~6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 7

7. 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.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 20

Seconded national experts and other staff 1. Seconded national experts or other staff not employed by the Agency. 2. The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.Article 20 deleted The Agency may make use of

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph 1

~~1. The Agency may make use of Seconded national experts or other staff not employed by the Agency.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph 2

~~2. The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 21

1. Union. It shall have legal personality. 2. 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 party to legal proceedings. 3. Dublin, Ireland. 4. offices in one or more Member States, subject to their consent and in accordance with Article 11 (6).Article 21 deleted Legal status The Agency shall be a body of the In each of the Member States the The seat of the Agency shall be The Agency may establish local

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1

~~1. The Agency shall be a body of the Union. It shall have legal personality.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 2

2. 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 party to legal proceedings.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 3

~~3. The seat of the Agency shall be Dublin, Ireland.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 3

3. The seat of the Agency shall be ~~Dublin, Ireland~~Besançon, France.

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 4

~~4. The Agency may establish local offices in one or more Member States, subject to their consent and in accordance with Article 11 (6).~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 22

~~The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff. The Protocol on the~~Article 22 deleted Privileges and Iimmunities ~~of the European Union shall apply to the Agency and its staff.~~

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 22

~~The Protocol on the~~Article 22 deleted Privileges and Iimmunities ~~of the European Union shall apply to the Agency and its staff.~~

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 1

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

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 23

1. The provisions laid down in Regulation No 1 shall apply to the Agency. 2. The Management Board can decide on the languages to be used by the Agency in its internal functioning. 3. for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union.Article 23 deleted Language arrangements The translation services required

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 23 – paragraph 1

~~1. The provisions laid down in Regulation No 1 shall apply to the Agency.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 23 – paragraph 2

~~2. The Management Board can decide on the languages to be used by the Agency in its internal functioning.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 23 – paragraph 3

~~3. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 24

1. the European Parliament and of the Council9 shall apply to documents held by the Agency. 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. 2. the Agency shall be subject to Regulation (EC) No 45/2001. The Management Board shall, within six months of the date of its first meeting, establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the appointment of a Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor. __________________ 9Article 24 deleted Transparency Regulation (EC) No 1049/2001 of tThe ~~European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).~~processing of personal data by

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1

1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council9 shall apply to documents held by the Agency. 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. __________________ 9Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 2

2. The processing of personal data by the Agency shall be subject to Regulation (EC) No 45/2001. The Management Board shall, within six months of the date of its first meeting, establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the appointment of a Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 25

1. fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999 of the European Parliament and of the Council10, within six months from the date of application of this Regulation, the Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt appropriate provisions applicable to all employees of the Agency using the template set out in the Annex to that Agreement. 2. The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency. 3. investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 and Regulation (Euratom, EC) No 2185/96. 4. 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences. __________________ 10Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p.1).Article 25 deleted Combating fraud In order to facilitate combating OLAF may carry out Without prejudice to paragraphs 1,

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 1

1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999 of the European Parliament and of the Council10, within six months from the date of application of this Regulation, the Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt appropriate provisions applicable to all employees of the Agency using the template set out in the Annex to that Agreement. __________________ 10Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p.1).deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 2

2. The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 3

3. OLAF may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 and Regulation (Euratom, EC) No 2185/96.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 4

4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 26

The Agency shall adopt own security rules equivalent to the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in the Commission Decisions (EU, Euratom) 2015/44311 and 2015/44412, when required. The security rules of the Agency shall cover, inter alia and where appropriate, provisions for the exchange, processing and storage of such information. __________________ 11Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 12Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).Article 26 deleted Security rules on the protection of classified and sensitive non-classified information

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 1

The Agency shall adopt own security rules equivalent to the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in the Commission Decisions (EU, Euratom) 2015/44311 and 2015/44412, when required. The security rules of the Agency shall cover, inter alia and where appropriate, provisions for the exchange, processing and storage of such information. __________________ 11Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 12Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 27

1. shall be governed by the law applicable to the contract in question. 2. European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency. 3. liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damagArticle 27 deleted Liability The Agency's contractual liability The Court of Justice of the In the caused by its departments or by its staff in the performance of their duties. 4. European Union shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3. 5. towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them. of non-contractual The Court of Justice of the The personal liability of its staff

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 27 – paragraph 1

~~1. The Agency's contractual liability shall be governed by the law applicable to the contract in question.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 27 – paragraph 2

~~2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 27 – paragraph 3

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 27 – paragraph 4

~~4. The Court of Justice of the European Union shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 27 – paragraph 5

~~5. The personal liability of its staff towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 28

1. referred to in Article 37, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. 2. that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed. 3. The Commission shall report to the European Parliament, the Council and the Management Board the evaluation findings. The findings of the evaluation shall be made public.Article 28 deleted Evaluation No later than 5 years after the date Where the Commission considers

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 1

1. No later than 5 years after the date referred to in Article 37, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 2

2. Where the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 3

~~3. The Commission shall report to the European Parliament, the Council and the Management Board the evaluation findings. The findings of the evaluation shall be made public.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 29

~~The activities of the Agency shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 of the Treaty.~~Article 29 deleted Administrative inquiries

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 29 – paragraph 1

~~The activities of the Agency shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 of the Treaty.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30

Cooperation with third countries and international organisations 1. achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the institutions of the Union, the Agency may cooperate with the competent authorities of third countries and/or with international organisations. To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union and its Member States 2. participation of third countries that have entered into agreements with the Union to this effect. Under the relevant provisions of the agreements referred to in paragraph 1, arrangements shall be developed specifying, in particular, the nature, extent and manner in which the third countries concerned will participate in the work of the Agency, including provisions relating to the participation in the initiatives undertaken by the Agency, financial contributions and staff. As regards staff matters, those arrangements shall, in any event, comply with the Staff Regulations. 3. adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent.Article 30 deleted In so far as is necessary in order to The Agency shall be open to the The Management Board shall

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1

1. In so far as is necessary in order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the institutions of the Union, the Agency may cooperate with the competent authorities of third countries and/or with international organisations. To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union and its Member Statesdeleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1

In so far as is necessary in order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the institutions of the Union, the Agency may cooperate with the competent authorities of third countries and/or with international organisations.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2

To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union and its Member Statesdeleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 2

2. The Agency shall be open to the participation of third countries that have entered into agreements with the Union to this effect. Under the relevant provisions of the agreements referred to in paragraph 1, arrangements shall be developed specifying, in particular, the nature, extent and manner in which the third countries concerned will participate in the work of the Agency, including provisions relating to the participation in the initiatives undertaken by the Agency, financial contributions and staff. As regards staff matters, those arrangements shall, in any event, comply with the Staff Regulations.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1

~~The Agency shall be open to the participation of third countries that have entered into agreements with the Union to this effect.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2

Under the relevant provisions of the agreements referred to in paragraph 1, arrangements shall be developed specifying, in particular, the nature, extent and manner in which the third countries concerned will participate in the work of the Agency, including provisions relating to the participation in the initiatives undertaken by the Agency, financial contributions and staff. As regards staff matters, those arrangements shall, in any event, comply with the Staff Regulations.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 3

~~3. The Management Board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 31

Headquarters Agreement and operating 1. concerning the accommodation to be provided for the Agency in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, Agency staff and members of their families shall be laid down in a Headquarters Agreement between the Agency and Member State where the seat is located. 2. shall provide the best possible conditions to ensure the functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connections.Article 31 deleted conditions The necessary arrangements The Agency’s host Member State

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 1

1. The necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, Agency staff and members of their families shall be laid down in a Headquarters Agreement between the Agency and Member State where the seat is located.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 2

2. The Agency’s host Member State shall provide the best possible conditions to ensure the functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connections.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 32

Transitional provisions concerning the 1. of the Governing Board of the Agency as established on the basis of Article 6 of Regulation (EEC) No 1365/75 of the Council shall terminate on … [date of entry into force of this Regulation]. 2. The Governing Board established on the basis of Article 6 of Regulation (EEC) No 1365/75 of the Council shall within the period between …[date of entry into force of this Regulation] and … [date of application of this Regulation] exercise the functions of the Management Board as referred to in Article 5 of this Regulation.Article 32 deleted Management Board The term of office of the members

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 32 – paragraph 1

1. The term of office of the members of the Governing Board of the Agency as established on the basis of Article 6 of Regulation (EEC) No 1365/75 of the Council shall terminate on … [date of entry into force of this Regulation].deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 32 – paragraph 2

2. The Governing Board established on the basis of Article 6 of Regulation (EEC) No 1365/75 of the Council shall within the period between …[date of entry into force of this Regulation] and … [date of application of this Regulation] exercise the functions of the Management Board as referred to in Article 5 of this Regulation.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 33

Transitional provisions concerning the 1. appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 of the Council shall, for the remaining periods of his/her term of office be assigned to the responsibilities oArticle 33 deleted staff tThe Executive Director as provided for in Article 11 of this Regulation. The other conditions of his/her contract shall remain unchanged. 2. The Deputy Director the Agency appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 of the Council shall, for the remaining period of his/her term of office assist the Director or Executive Director. 3. the rights and obligations of staff engaged under Regulation (EEC) No 1365/75 of the Council.Director of the Agency This Regulation shall not affect

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 33 – paragraph 1

1. The Director of the Agency appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 of the Council shall, for the remaining periods of his/her term of office be assigned to the responsibilities of the Executive Director as provided for in Article 11 of this Regulation. The other conditions of his/her contract shall remain unchanged.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 33 – paragraph 2

2. The Deputy Director the Agency appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 of the Council shall, for the remaining period of his/her term of office assist the Director or Executive Director.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 33 – paragraph 3

~~3. This Regulation shall not affect the rights and obligations of staff engaged under Regulation (EEC) No 1365/75 of the Council.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 34

Transitional budgetary provisions The discharge procedure in respect of the budgets approved on the basis of Article 16 of Regulation (EEC) No 1365/75 shall be carried out in accordance with the rules established by that Regulation.Article 34 deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 34 – paragraph 1

~~The discharge procedure in respect of the budgets approved on the basis of Article 16 of Regulation (EEC) No 1365/75 shall be carried out in accordance with the rules established by that Regulation.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 35

~~Regulation (EEC) No 1365/75 is repealed as from [date of application of this Regulation] and all references to the repealed Regulation shall be construed as references to this Regulation.~~Article 35 deleted Repeal

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 35 – paragraph 1

~~Regulation (EEC) No 1365/75 is repealed as from [date of application of this Regulation] and all references to the repealed Regulation shall be construed as references to this Regulation.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 36

Maintenance into force of the internal Internal rules adopted by the Governing Board on the basis of Regulation (EEC) No 1365/75 shall remain in force after [date of application of this Regulation], unless otherwise decided by the Management Board in the application of this Regulation.Article 36 deleted rules adopted by the Agency

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 1

Internal rules adopted by the Governing Board on the basis of Regulation (EEC) No 1365/75 shall remain in force after [date of application of this Regulation], unless otherwise decided by the Management Board in the application of this Regulation.deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 37

1. force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. It shall apply from [date of application]. 3. apply from [the date of entry into force of this Regulation]. 4. in its entirety and directly applicable in the Member States in accordance with the Treaties.Article 37 deleted Entry into force This Regulation shall enter into However, Articles 32, 33, 34 shall This Regulation shall be binding

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph 1

~~1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph 2

~~2. It shall apply from [date of application].~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph 3

~~3. However, Articles 32, 33, 34 shall apply from [the date of entry into force of this Regulation].~~deleted

2017/03/02
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph 4

~~4. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.~~deleted

2017/03/02
Committee: BUDG