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Regulation (EU) No 1093/2010 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC

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SECTION 4Executive Director

Article 51Appointment

1.The Authority shall be managed by an Executive Director, who shall be a full-time independent professional.

2.The Executive Director shall be appointed by the Board of Supervisors, after confirmation by the European Parliament, on the basis of merit, skills, knowledge of financial institutions and markets, and experience relevant to financial supervision and regulation and managerial experience, following an open selection procedure.

3.The Executive Director’s term of office shall be 5 years and may be extended once.

4.In the course of the 9 months preceding the end of the Executive Director’s term of office, the Board of Supervisors shall evaluate in particular:

(a)the results achieved in the first term of office and the way they were achieved;

(b)the Authority’s duties and requirements in the coming years.

The Board of Supervisors, taking into account the evaluation referred to in the first subparagraph, may extend the term of office of the Executive Director once.

5.The Executive Director may be removed from office only upon a decision of the Board of Supervisors.

Article 52Independence

Without prejudice to the respective roles of the Management Board and the Board of Supervisors in relation to the tasks of the Executive Director, the Executive Director shall neither seek nor take instructions from the Union institutions or bodies, from any government of a Member State or from any other public or private body.

Neither Member States, the Union institutions or bodies, nor any other public or private body shall seek to influence the Executive Director in the performance of his tasks.

In accordance with the Staff Regulations referred to in Article 68, the Executive Director shall, after leaving service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.

Article 53Tasks

1.The Executive Director shall be in charge of the management of the Authority and shall prepare the work of the Management Board.

2.The Executive Director shall be responsible for implementing the annual work programme of the Authority under the guidance of the Board of Supervisors and under the control of the Management Board.

3.The Executive Director shall take the necessary measures, notably the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Authority, in accordance with this Regulation.

4.The Executive Director shall prepare a multi-annual work programme, as referred to in Article 47(2).

5.Each year, by 30 June, the Executive Director shall prepare a work programme for the following year, as referred to in Article 47(2).

6.The Executive Director shall draw up a preliminary draft budget of the Authority pursuant to Article 63 and shall implement the budget of the Authority pursuant to Article 64.

7.Each year the Executive Director shall prepare a draft report with a section on the regulatory and supervisory activities of the Authority and a section on financial and administrative matters.

8.The Executive Director shall exercise in respect to the Authority’s staff the powers laid down in Article 68 and manage staff matters.

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