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Regulation (EU) 2023/1322 of the European Parliament and of the Council of 27 June 2023 on the European Union Drugs Agency (EUDA) and repealing Regulation (EC) No 1920/2006

article  24

CELEX:  32023R1322

1. The Management Board shall:
(a) provide the general orientation for the Agency’s activities;
(b) adopt the draft single programming document referred to in Article 36 before its submission to the Commission for its opinion;
(c) having obtained the opinion of the Commission, adopt the Agency’s single programming document by a majority of two-thirds of members with the right to vote;
(d) adopt, by a majority of two-thirds of members with the right to vote, the annual budget of the Agency and exercise other functions in respect of the Agency’s budget in accordance with Chapter VI;
(e) assess and adopt, by a majority of two-thirds of members with the right to vote, the consolidated annual activity report on the Agency’s activities, send both the report and its assessment thereof by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors, and ensure that the consolidated annual activity is made public;
(f) adopt the financial rules applicable to the Agency in accordance with Article 42;
(g) adopt an anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented;
(h) adopt a strategy for achieving efficiency gains and synergies with other Union bodies, offices and agencies;
(i) adopt rules for the prevention and management of conflicts of interest in respect of its members, the members of the Executive Board, the members of the Scientific Committee and the members of the Reitox network, and of seconded national experts and other staff not employed by the Agency as referred to in Article 44, and shall publish annually on the Agency’s website the declarations of interests of the Management Board members;
(j) approve the standard operating protocol referred to in Article 17(3);
(k) approve the international cooperation framework referred to in Article 20(1), point (a), and the technical assistance programmes referred to in Article 20(3);
(l) approve the level of co-financing referred to in Article 33(5);
(m) adopt and regularly update the communication strategies and dissemination plans referred to in Article 5(8), based on an analysis of needs;
(n) adopt and make publicly available its rules of procedure, including rules for the prevention and management of conflicts of interest;
(o) in accordance with paragraph 2 of this Article, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials of the European Union (the ‘Staff Regulations’) on the appointing authority and by the Conditions of Employment of Other Servants of the European Union (the ‘Conditions of Employment of Other Servants’) on the authority empowered to conclude a contract of employment, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 , (the ‘appointing authority powers’);
(p) in agreement with the Commission, adopt implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110(2) of the Staff Regulations;
(q) appoint the Executive Director and, where relevant, decide on an extension of the term of office or on a removal from office in accordance with Article 29;
(r) appoint an accounting officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be independent in the performance of her or his duties;
(s) appoint the members of the Scientific Committee;
(t) approve the list of experts to be used to extend the Scientific Committee in accordance with Article 31(6);
(u) take decisions following the assessment of the national focal points in accordance with Article 35;
(v) set the method for calculating fees and the way fees are paid in accordance with Article 38;
(w) ensure adequate follow up to findings and recommendations stemming from internal or external audit reports and evaluations and from investigations of the European Anti-fraud Office (OLAF), established by Commission Decision 1999/352/EC, ECSC, Euratom , and of the European Public Prosecutor’s Office (EPPO), established by Council Regulation (EU) 2017/1939 , as referred to in Article 48 of this Regulation;
(x) take all decisions on the establishment and, where necessary, modification of the Agency’s internal structures, taking into consideration the Agency’s activity needs and having regard to sound budgetary management;
(y) adopt working arrangements in accordance with Article 53.
Regulation (EU) 2023/1322 of the European Parliament and of the Council of 27 June 2023 on the European Union Drugs Agency (EUDA) and repealing Regulation (EC) No 1920/2006

article  24

CELEX:  32023R1322

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 setting out the conditions under which that 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 Executive Director and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.