Diario Oficial de la Unión Europea del 7/4/2022 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
L 108/2
EN
Official Journal of the European Union
7.4.2022
6
The definition of the areas of activity of the Agency should be based on the Agencys programming document alone.
The current approach of setting in parallel a broad thematic Multiannual Framework every five years should be discontinued, as it has been made redundant by the programming document that the Agency has adopted annually since 2017, to conform with Commission Delegated Regulation EU No 1271/2013 3, succeeded by Commission Delegated Regulation EU 2019/715 4. Based on the Union policy agenda and on stakeholders needs, the programming document clearly sets out the areas and specific projects on which the Agency is to work. This should enable the Agency to plan its work and thematic focus over time and to adapt it annually to emerging priorities.
7
The Agency should submit its draft programming document to the European Parliament, the Council and the Commission as well as to the national liaison officers and to the Scientific Committee by 31 January each year. The purpose is for the Agency, while carrying out its tasks in full independence, to draw inspiration from discussions or opinions on such draft programming document in order to design the most relevant work programme to support the Union and the Member States by providing assistance and expertise relating to fundamental rights.
8
In order to ensure smooth communication between the Agency and the Member States, the Agency and the national liaison officers should work together in a spirit of mutual and close cooperation. This cooperation should be without prejudice to the Agencys independence.
9
To ensure better governance and functioning of the Agencys Management Board, a number of provisions in Regulation EC No 168/2007 should be amended.
10
Given the important role of the Management Board, its members should be independent and have sound knowledge in the fundamental rights area as well as appropriate management experience, including administrative and budgetary skills.
11
It should also be clarified that, while Management Board members and alternate members terms cannot be renewed consecutively, it should be possible to reappoint a former member or alternate member for one more nonconsecutive term. If, on the one hand, not allowing consecutive renewals is justified to ensure their independence, on the other hand, allowing a reappointment for one more non-consecutive term would make it easier for Member States to appoint suitable members meeting all the requirements.
12
With regard to the replacement of Management Board members or alternate members, it should be clarified that in all cases of termination of the term of office before the expiry of the five-year period, not only in case of loss of independence, but also in other cases such as in case of resignation or death, the new members or alternate members term will complete his or her predecessors five-year term, unless the remaining term is less than two years, in which case a new five-year term may run afresh.
13
To align with the situation within the Union institutions, the Agencys Management Board should be given the powers of the appointing authority. Except for the appointment of the Director, those powers should be delegated to the Director. The Management Board should exercise appointing authority powers regarding staff of the Agency in exceptional circumstances only.
14
To avoid stalemates and simplify the voting proceedings for the election of the Executive Board members, it should be provided that the Management Board elects them by a majority of the members of the Management Board with voting rights.
15
To further align Regulation EC No 168/2007 with the Common Approach and strengthen the Management Boards capacity to supervise the administrative, operational and budgetary management of the Agency, it is necessary to attribute additional tasks to the Management Board and to further specify the tasks attributed to the Executive Board. The additional tasks of the Management Board should include adopting a security strategy, including rules on the exchange of EU classified information, a communication strategy, and rules for the prevention and
3 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.
4 Commission Delegated Regulation EU 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation EU, Euratom 2018/1046 of the European Parliament and of the Council OJ L 122, 10.5.2019, p. 1.
