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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  47

CELEX:  32021R2303

Responsibilities of the Executive Director
1. The Executive Director shall manage the Agency. The Executive Director shall be accountable to the Management Board.
2. Without prejudice to the powers of the Commission and the Management Board, the Executive Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government, institution, person or other body.
3. The Executive Director shall report to the European Parliament on the performance of his or her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his or her duties.
4. The Executive Director shall be the legal representative of the Agency.
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  47

CELEX:  32021R2303

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 day-to-day administration of the Agency;
(b) implementing decisions adopted by the Management Board;
(c) preparing programming documents referred to in Article 42 and submitting them to the Management Board after consulting the Commission;
(d) implementing programming documents referred to in Article 42 and reporting to the Management Board on their implementation;
(e) preparing consolidated annual reports on the Agency’s activities and presenting them to the Management Board for adoption;
(f) preparing an action plan following-up conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF, and reporting on progress twice a year to the Commission and regularly to the Management Board and, if applicable, to the Executive Board;
(g) without prejudice to the investigative competence of OLAF, 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) preparing an anti-fraud strategy for the Agency and presenting it to the Management Board for approval;
(i) preparing the draft financial rules applicable to the Agency;
(j) drawing up provisional draft statements of estimates of the Agency’s revenue and expenditure in accordance with Article 53, and implementing its budget;
(k) exercising the powers laid down in Article 60 in respect of the Agency’s staff;
(l) taking all decisions on the management of the information systems provided for in this Regulation, including the information portal referred to in Article 9(2), point (b);
(m) taking all decisions on the management of the Agency’s internal structures;
(n) drafting reports on the situation in third countries as referred to in Article 9;
(o) submitting the common analysis and guidance notes to the Management Board in accordance with Article 11(2);
(p) setting up teams of experts for the purpose of Articles 14 and 15 which shall be composed of experts from the Agency’s own staff, the Commission and, where necessary, the Member States and, as observers, the UNHCR;
(q) initiating a monitoring exercise in accordance with Article 15(2);
(r) submitting the findings and draft recommendations in the context of a monitoring exercise to the Member State concerned and subsequently to the Management Board in accordance with Article 15(3) and (4);
(s) reporting to the Management Board and to the Commission in accordance with Article 4(5);
(t) evaluating, approving and coordinating requests for operational and technical assistance in accordance with Article 16(1) and Article 20;
(u) ensuring the implementation of operational plans as referred to in Article 18;
(v) ensuring coordination of the Agency’s activities in the migration management support teams with the Commission and other relevant Union bodies, offices and agencies in accordance with Article 21(1);
(w) ensuring the implementation of Council decisions as referred to in Article 22(2);
(x) deciding, in consultation with the Management Board, on the acquisition or lease of technical equipment in accordance with Article 23(2);
(y) proposing a selection of candidates for appointment as the fundamental rights officer in accordance with Article 49(1);
(z) appointing a coordinating officer of the Agency in accordance with Article 25(2).