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Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

article  41

CELEX:  32021R2303

1. The Management Board shall give general orientation for the Agency’s activities and shall ensure that the Agency performs its tasks. In particular, the Management Board shall:
(a) adopt the annual budget of the Agency by a majority of two-thirds of its members with the right to vote and exercise other functions in respect of the Agency’s budget pursuant to Chapter 9;
(b) adopt a consolidated annual report on the Agency’s activities, send it, by 1 July each year, to the European Parliament, to the Council, to the Commission and to the Court of Auditors, and make it public;
(c) adopt the financial rules applicable to the Agency in accordance with Article 56;
(d) take all decisions for the purpose of fulfilling the Agency’s mandate as laid down in this Regulation;
(e) adopt an anti-fraud strategy, which shall be proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented as part of that strategy;
(f) adopt rules for the prevention and management of conflicts of interest in respect of its members;
(g) adopt and regularly update the communication and dissemination plans referred to in Article 2(2) on the basis of a needs analysis;
(h) adopt its rules of procedure;
(i) exercise, in accordance with paragraph 2, with respect to the Agency’s staff, the powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment on the authority empowered to conclude a contract of employment (the ‘appointing authority powers’);
(j) adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations;
(k) appoint the Executive Director and Deputy Executive Director, exercise disciplinary authority over them and, where necessary, extend their terms of office or remove them from office in accordance with Articles 46 or 48, as appropriate;
(l) appoint the fundamental rights officer, subject to the Staff Regulations and the Conditions of Employment, from a selection of candidates proposed by the Executive Director;
(m) appoint an accounting officer, subject to the Staff Regulations and the Conditions of Employment, who shall be completely independent in the performance of his or her duties;
(n) adopt an annual report on the situation of asylum in the Union in accordance with Article 69;
(o) take all decisions on the development of the information systems provided for in this Regulation, including the information portal referred to Article 9(2), point (b);
(p) adopt the detailed rules for the application of Regulation (EC) No 1049/2001 in accordance with Article 63 of this Regulation;
(q) take measures for the application of Regulation (EU) 2018/1725 by the Agency, including measures concerning the appointment of the Agency’s data protection officer;
(r) adopt the Agency’s staff policy in accordance with Article 60;
(s) adopt each year the Agency’s programming document in accordance with Article 42;
(t) take all decisions on the establishment of the Agency’s internal structures and, where necessary, their modification;
(u) ensure adequate follow-up to findings and recommendations stemming from internal or external audit reports and evaluations, as well as from investigations by the European Anti-Fraud Office (OLAF);
(v) adopt the operational standards, indicators, guidelines and best practices developed by the Agency in accordance with Article 13(2);
(w) endorse the guidance notes concerning country-of-origin information and any review or update of those guidance notes in accordance with Article 11(2) and (4);
(x) adopt a decision establishing a common methodology for the monitoring mechanism referred to in Article 14;
(y) adopt the programme for monitoring the operational and technical application of the CEAS in accordance with Article 15(1);
(z) adopt the recommendations following a monitoring exercise in accordance with Article 15(4);
(aa) decide on the profiles and overall numbers of experts to be made available for asylum support teams and for the asylum reserve pool in accordance with Article 19(2) and (6);
(ab) adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent, as well as a working arrangement with the Commission for its implementation;
(ac) authorise and approve the conclusion of working arrangements in accordance with Articles 35, 37 and 38.
Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

article  41

CELEX:  32021R2303

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, delegating relevant appointing authority powers to the Executive Director and establishing the conditions under which that delegation of appointing authority powers can be suspended. The Executive Director shall be authorised to sub-delegate the appointing authority 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 Executive Director and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

article  41

CELEX:  32021R2303

3. The Management Board may establish a small-sized Executive Board to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board. Where necessary, the Executive Board may take certain provisional, urgent decisions on behalf of the Management Board, in particular on administrative management matters. The Executive Board shall not take decisions that are required to be passed by a majority of either two-thirds or three-fourths of the members of the Management Board. The Management Board may delegate certain clearly defined tasks to the Executive Board, in particular where such a delegation would improve the efficiency of the Agency. The Management Board shall not delegate to the Executive Board tasks related to decisions that are required to be passed by a majority of either two-thirds or three-fourths of the members of the Management Board. For the purposes of establishing the Executive Board, the Management Board shall adopt its rules of procedure. Those rules of procedure shall, in particular, cover the composition and functions of the Executive Board.