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Council Decision of 6 April 2009 establishing the European Police Office (Europol) (2009/371/JHA)

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Article 37U.K.+E.U.Management Board

1.The Management Board shall be composed of one representative of each Member State and one representative of the Commission. Each member of the Management Board shall have one vote. Each member of the Management Board may be represented by an alternate member; in the absence of the full member, the alternate member may exercise his right to vote.

2.The Chairperson and the Deputy Chairperson of the Management Board shall be selected by and from within the group of three Member States who have jointly prepared the Council’s eighteen-month programme. They shall serve for the eighteen-month period corresponding to that Council programme. During that period the Chairperson shall no longer act as a representative of his or her respective Member State in the Management Board. The Deputy shall ex officio replace the Chairperson in the event of his or her being prevented from attending to his or her duties.

3.The Chairperson shall be responsible for the efficient operation of the Management Board in the performance of its tasks set out in paragraph 9 while ensuring a specific focus on strategic issues and Europol’s principal tasks as set out in Article 5(1).

4.The Chairperson shall be supported by the Secretariat of the Management Board. The Secretariat shall in particular:

(a)

be closely and continuously involved in organising, coordinating and ensuring the coherence of the Management Board’s work. Under the responsibility and guidance of the Chairperson, it shall assist the latter in seeking solutions;

(b)

provide the Management Board with the administrative support necessary for it to carry out its duties.

5.The Director shall participate in the meetings of the Management Board, without the right to vote.

6.Members of the Management Board or their alternates and the Director may be accompanied by experts.

7.The Management Board shall meet at least twice a year.

8.The Management Board shall act by a majority of two thirds of its members unless otherwise stipulated in this Decision.

9.The Management Board shall:

(a)

adopt a strategy for Europol, which shall include benchmarks to measure whether the objectives set have been reached;

(b)

oversee the Director’s performance including the implementation of Management Board decisions;

(c)

take any decision or implementing measures in accordance with this Decision;

(d)

adopt the implementing rules applicable to Europol staff, on a proposal from the Director and after seeking agreement from the Commission;

(e)

adopt the financial regulation and appoint the accounting officer in conformity with Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(1), after consulting the Commission;

(f)

establish the internal audit function and appoint its auditing staff, who shall be members of Europol staff. The Management Board shall adopt further implementing rules concerning the internal audit function. Those implementing rules should, in particular, cover selection, dismissal, tasks, duties, powers and safeguards for the independence of the function. The internal audit function shall be accountable solely to the Management Board and shall have access to all documentation necessary to the performance of its duties;

(g)

adopt a list of at least three candidates for the post of Director and the Deputy Directors for submission to the Council;

(h)

be responsible for the performance of any other tasks assigned to it by the Council, in particular in provisions implementing this Decision;

(i)

establish its rules of procedure, including provisions providing for the independence of the Secretariat.

10.Each year the Management Board shall adopt:

(a)

the draft estimate of revenue and expenditure, including the draft establishment plan, to be submitted to the Commission; and the final budget;

(b)

a work programme for Europol’s future activities taking into account Member States’ operational requirements and budgetary and staffing implications for Europol, after the Commission has delivered an opinion;

(c)

a general report on Europol’s activities during the previous year including the results achieved on the priorities set by the Council.

Those documents shall be submitted to the Council for endorsement. The Council shall forward them to the European Parliament for information.

11.Within four years of the date of application of this Decision and every four years thereafter, the Management Board shall commission an independent external evaluation of the implementation of this Decision and of the activities carried out by Europol.

The Management Board shall issue specific terms of reference to that effect.

The report of the evaluation shall be forwarded to the European Parliament, the Council and the Commission.

12.The Management Board may decide to establish working groups. The rules governing the creation and functioning of such working groups shall be laid down in its rules of procedure.

13.The Management Board shall exercise the powers laid down in Article 39(3) in respect of the Director, without prejudice to Article 38(1) and (7).

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