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Administrative Functions of the Management Board

1. The Management Board shall have the following administrative functions:

(a) to provide general orientations for the BEREC Office’s activities and adopt, on an annual basis, the BEREC Office’s single programming document by a majority of two thirds of its members, taking into account the opinion of the Commission and in accordance with Article 23;

(b) to adopt, by a majority of two thirds of its members, the annual budget of the BEREC Office and exercise other functions in respect of the BEREC Office’s budget pursuant to Chapter VII;

(c) to adopt, make public and proceed with an assessment of the consolidated annual activity report on the BEREC Office’s activities referred to in Article 27 and submit both the report and its assessment, by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors;

(d) to adopt the financial rules applicable to the BEREC Office in accordance with Article 29;

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

(f) to ensure 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);

(g) to adopt rules for the prevention and management of conflicts of interests as referred to in Article 42(3);

(h) to adopt and regularly update the communication and dissemination plans referred to in Article 37(2), based on an analysis of needs;

(i) to adopt its rules of procedure;

(j) to adopt implementing rules for giving effect to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union , in accordance with Article 110 of the Staff Regulations;

(k) without prejudice to the decision referred to in the first subparagraph of paragraph 2, to exercise, with respect to the staff of the BEREC Office, 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’);

(l) to appoint the Director and, where relevant, extend his or her term of office or remove him or her from office in accordance with Article 32;

(m) to appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be wholly independent in the performance of his or her duties;

(n) to take all decisions on the establishment of the BEREC Office’s internal structures and, where necessary, their modification, taking into consideration the BEREC Office’s activity needs as well as having regard to sound budgetary management. With regard to point (m) of the first subparagraph, the BEREC Office may appoint the same Accounting Officer as another Union body or institution. In particular, the BEREC Office and the Commission may agree that the Commission’s accounting officer shall also act as Accounting Officer of the BEREC Office.

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 Director and specifying the conditions under which this delegation of powers can be suspended. The 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 Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a member of staff other than the Director.