Regulation (EU) 2019/1149 of the European Parliament and of the CouncilShow full title

CHAPTER III U.K. ORGANISATION OF THE AUTHORITY

Article 16 U.K. Administrative and management structure

1. The Authority’s administrative and management structure shall comprise:

(a) a Management Board;

(b) an Executive Director;

(c) a Stakeholder Group.

2. The Authority may set up working groups or expert panels comprising representatives from Member States or from the Commission, or external experts following a selection procedure, or a combination thereof, for the fulfilment of its specific tasks or for specific policy areas. It shall set up the Platform referred to in Article 12 as a permanent working group, and the Mediation Board referred to in Article 13.

The rules of procedure of such working groups and panels shall be set out by the Authority after consulting the Commission.

Article 17 U.K. Composition of the Management Board

1. The Management Board shall be composed of:

(a) one member from each Member State;

(b) two members representing the Commission;

(c) one independent expert appointed by the European Parliament;

(d) four members, representing cross-industry social partner organisations at Union level, with an equal representation of trade union and employer organisations.

Only the members referred to in points (a) and (b) of the first subparagraph shall have the right to vote.

2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in the member’s absence.

3. The members referred to in point (a) of the first subparagraph of paragraph 1 and their alternates shall be appointed by their Member State.

The Commission shall appoint the members referred to in point (b) of the first subparagraph of paragraph 1.

The European Parliament shall appoint the expert referred to in point (c) of the first subparagraph of paragraph 1.

The cross-industry social partner organisations at Union level shall appoint their representatives and the European Parliament shall appoint its independent expert, after verifying that there is no conflict of interest.

Members of the Management Board and their alternates shall be appointed on the basis of their knowledge in the fields referred to in Article 1, taking into account their relevant managerial, administrative and budgetary skills.

All parties represented on the Management Board shall endeavour to limit the turnover of their representatives, in order to ensure continuity of its work. All parties shall aim to achieve a balanced representation between women and men on the Management Board.

4. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests. The Authority shall publish the statements and updates on its website.

5. The term of office of members and alternates shall be four years. That term shall be renewable.

6. Representatives from third countries which are applying the Union law in areas covered by this Regulation may participate in the meetings and deliberations of the Management Board as observers.

7. A representative of Eurofound, a representative of EU-OSHA, a representative of Cedefop and a representative of the European Training Foundation may be invited to participate as observers in the meetings of the Management Board in order to enhance the efficiency of the agencies and the synergies between them.

Article 18 U.K. Functions of the Management Board

1. The Management Board shall, in particular:

(a) provide the strategic orientations and oversee the Authority’s activities;

(b) adopt, by a majority of two-thirds of members with the right to vote, the annual budget of the Authority and exercise other functions in respect of the Authority’s budget pursuant to Chapter IV;

(c) assess and adopt the consolidated annual activity report on the Authority’s activities, including an overview of the fulfilment of its tasks, and submit it by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors and make the consolidated annual activity report public;

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

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

(f) adopt rules for the prevention and management of conflicts of interest in respect of its members and independent experts, as well as the members of the Stakeholder Group and of the working groups and panels of the Authority referred to in Article 16(2), as well as of seconded national experts and other staff not employed by the Authority as referred to in Article 33, and shall publish annually on its website the declarations of interests of the Management Board members;

(g) adopt and regularly update the communication and dissemination plans referred to in Article 36(3), based on an analysis of needs;

(h) adopt its rules of procedure;

(i) adopt the rules of procedure for mediation pursuant to Article 13;

(j) set up working groups and expert panels pursuant to Article 16(2) and adopt their rules of procedure;

(k) exercise, in accordance with paragraph 2, with respect to the staff of the Authority, the powers of the Appointing Authority conferred by the Staff Regulations and the Authority Empowered to Conclude a Contract of Employment conferred by the Conditions of Employment (the ‘appointing authority power’);

(l) adopt implementing rules to give effect to the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations;

(m) establish, where appropriate, an internal audit capacity;

(n) appoint and, where relevant, extend the term of office of the Executive Director or remove him or her from office in accordance with Article 31;

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

(p) determine the procedure for selecting the members and alternates of the Stakeholder Group set up in accordance with Article 23 and appoint those members and alternates;

(q) ensure an adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations from OLAF;

(r) take all decisions on the establishment of the Authority’s internal committees or other bodies and, where necessary, their modification, taking into consideration the Authority’s activity needs and having regard to sound financial management;

(s) approve the Authority’s draft single programming document referred to in Article 24 before its submission to the Commission for its opinion;

(t) adopt, having received the opinion of the Commission, the Authority’s single programming document by a majority of two-thirds of the members of the Management Board who are entitled to vote and in accordance with Article 24.

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 Article 6 of the Conditions of Employment, delegating relevant appointing authority powers to the Executive Director and setting out the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

3. Where exceptional circumstances so require, the Management Board may, by way of 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.

Article 19 U.K. Chairperson of the Management Board

1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with the right to vote.

In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairperson shall be elected by a simple majority of the members of the Management Board with the right to vote.

The Deputy Chairperson shall automatically replace the Chairperson if he or she is prevented from attending to his or her duties.

2. The term of office of the Chairperson and the Deputy Chairperson shall be three years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

Article 20 U.K. Meetings of the Management Board

1. The Chairperson shall convene the meetings of the Management Board.

2. The Chairperson shall organise the deliberations according to the items on the agenda. The members referred to in points (c) and (d) of the first subparagraph of Article 17(1) shall not participate in deliberations on items related to sensitive information regarding individual cases, as specified in the rules of procedure of the Management Board.

3. The Executive Director of the Authority shall take part in the deliberations, without the right to vote.

4. The Management Board shall hold at least two ordinary meetings per year. In addition, it shall meet at the request of its Chairperson, at the request of the Commission, or at the request of at least one-third of its members.

5. The Management Board shall convene meetings with the Stakeholder Group at least once a year.

6. The Management Board may invite any person or organisation whose opinion may be of interest to attend its meetings as an observer, including members of the Stakeholder Group.

7. The members of the Management Board and their alternates may, subject to its rules of procedure, be assisted at the meetings by advisers or experts.

8. The Authority shall provide the secretariat for the Management Board.

Article 21 U.K. Voting rules of the Management Board

1. Without prejudice to points (b) and (t) of Article 18(1), Article 19(1) and Article 31(8), the Management Board shall take decisions by a majority of members with the right to vote.

2. Each member with the right to vote shall have one vote. In the absence of a member with the right to vote, his or her alternate shall be entitled to exercise his or her right to vote.

3. The Executive Director of the Authority shall take part in the deliberations, without the right to vote.

4. The Management Board’s rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member and the circumstances in which written procedures are to be used for voting.

Article 22 U.K. Responsibilities of the Executive Director

1. The Executive Director shall be responsible for the management of the Authority and shall aim to ensure gender balance within the Authority. The Executive Director shall be accountable to the Management Board.

2. 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.

3. The Executive Director shall be the legal representative of the Authority.

4. The Executive Director shall be responsible for the implementation of the tasks assigned to the Authority by this Regulation, in particular:

(a) the day-to-day administration of the Authority;

(b) implementing decisions adopted by the Management Board;

(c) preparing the draft single programming document and submitting it to the Management Board for approval;

(d) implementing the single programming document and reporting to the Management Board on its implementation;

(e) preparing the draft consolidated annual report on the Authority’s activities and presenting it to the Management Board for assessment and 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;

(g) protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative, including financial, penalties;

(h) preparing an anti-fraud strategy for the Authority and presenting it to the Management Board for approval;

(i) preparing the draft financial rules applicable to the Authority and presenting them to the Management Board;

(j) preparing the Authority’s draft statement of estimates of revenue and expenditure as part of the Authority’s single programming document, and implementing its budget;

(k) in accordance with the decision referred to in Article 18(2), taking decisions with regard to the management of human resources;

(l) taking decisions with regard to the Authority’s internal structures including, where necessary, deputising functions which may cover the day-to-day management of the Authority and, where necessary, their amendment, taking into account the needs relating to the Authority’s activities and sound budgetary management;

(m) where relevant, cooperating with Union agencies and concluding cooperation agreements with them;

(n) implementing measures established by the Management Board for the application of Regulation (EU) 2018/1725 by the Authority;

(o) informing the Management Board about the submissions from the Stakeholder Group.

5. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States and whether it is necessary to establish a liaison office in Brussels to further the Authority’s cooperation with the relevant Union institutions and bodies. Before deciding to establish a local office or a liaison office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State where the office is to be located. The decision shall specify the scope of the activities to be carried out at the office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State where the local office or liaison office is to be located may be required.

Article 23 U.K. Stakeholder Group

1. To facilitate the consultation of relevant stakeholders and to benefit from their expertise in areas covered by this Regulation, a Stakeholder Group shall be established. The Stakeholder Group shall be attached to the Authority and shall have advisory functions.

2. The Stakeholder Group shall receive prior briefing and may, upon request of the Authority or on its own initiative, submit opinions to the Authority on:

(a) issues related to the application and enforcement of Union law in the areas covered by this Regulation, including on the cross-border labour mobility analyses and risk assessment, as referred to in Article 10;

(b) the draft consolidated annual activity report on the Authority’s activities referred to in Article 18;

(c) the draft single programming document referred to in Article 24.

3. The Stakeholder Group shall be chaired by the Executive Director and shall meet at least twice a year at the initiative of the Executive Director or at the request of the Commission.

4. The Stakeholder Group shall be composed of two representatives of the Commission and ten representatives of the Union-level social partners with an equal representation of trade union and employer organisations, including recognised Union sectoral social partners representing sectors that are particularly concerned with labour mobility issues.

5. The members and alternate members of the Stakeholder Group shall be designated by their organisations and shall be appointed by the Management Board. The alternate members shall be appointed by the Management Board in accordance with the same conditions as the members, and shall automatically replace any members who are absent. To the extent possible, an appropriate gender balance and an adequate representation of SMEs shall be achieved.

6. The Authority shall provide the secretariat for the Stakeholder Group. The Stakeholder Group shall adopt its rules of procedure by a majority of two-thirds of its members entitled to vote. The rules of procedure shall be subject to approval by the Management Board.

7. The Stakeholder Group may invite experts or representatives of relevant international organisations to its meetings.

8. The Authority shall make public the opinions, advice and recommendations of the Stakeholder Group and the results of its consultations, except in case of confidentiality requirements.