SECTION 1 Management Board

Article 4Composition of the Management Board1.

The Management Board shall be composed of:

(a)

one member, representing the government, from each Member State;

(b)

one member, representing the employers' organisations, from each Member State;

(c)

one member, representing the employees' organisations, from each Member State;

(d)

three members representing the Commission;

(e)

one independent expert appointed by the European Parliament.

Each of the members referred to in points (a) to (d) shall have the right to vote.

The Council shall appoint the members referred to in points (a), (b) and (c) from among the members and alternate members of the Advisory Committee on Safety and Health at Work.

The members referred to in point (a) shall be appointed on a proposal from the Member States. The members referred to in points (b) and (c) shall be appointed on a proposal by the respective groups' spokespersons in the Advisory Committee on Safety and Health at Work.

The proposals referred to in the fourth subparagraph shall be submitted to the Council and submitted to the Commission for information.

The Commission shall appoint the members referred to in point (d).

The responsible committee of the European Parliament shall appoint the expert referred to in point (e).

Each member of the Management Board shall have an alternate. The alternate shall represent the member in the member's absence. The alternates shall be appointed in accordance with paragraph 1.

Members of the Management Board and their alternates shall be designated and appointed on the basis of their knowledge in the field of safety and health at work, taking into account their relevant skills such as managerial, administrative and budgetary skills and expertise in the area of EU-OSHA's core tasks, in order to carry out an effective oversight role. 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.

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. EU-OSHA shall publish the statements and updates on its website.

The term of office of members and alternates shall be four years. That term shall be renewable. Upon expiry of their term of office or in the event of their resignation, members and alternates shall remain in office until their appointments are renewed or until they are replaced.

On the Management Board, the representatives of the governments, of the employers' organisations and of the employees' organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of deliberations within and between the groups. The coordinators of the employers' and of the employees' groups shall be representatives of their respective European organisations and may be designated from among the appointed members of the Management Board. Coordinators who are not appointed members of the Management Board in accordance with paragraph 1 shall take part in Management Board meetings without the right to vote.

Article 5Functions of the Management Board1.

The Management Board shall:

(a)

provide the strategic orientations for EU-OSHA's activities;

(b)

adopt each year, by a majority of two thirds of members with the right to vote and in accordance with Article 6, EU-OSHA's programming document, containing EU-OSHA's multiannual work programme and its annual work programme for the following year;

(c)

adopt, by a majority of two thirds of the members with the right to vote, EU-OSHA's annual budget and exercise other functions in respect of that budget pursuant to Chapter III;

(d)

adopt a consolidated annual activity report together with an assessment of EU-OSHA's activities, submit them 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;

(e)

adopt the financial rules applicable to EU-OSHA in accordance with Article 17;

(f)

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

(g)

adopt rules for the prevention and management of conflicts of interests in respect of its members and independent experts, as well as of seconded national experts and other staff not employed by EU-OSHA as referred to in Article 20;

(h)

adopt and regularly update the communication and dissemination plans based on an analysis of needs and reflect this in EU-OSHA's programming document;

(i)

adopt its rules of procedure;

(j)

exercise, in accordance with paragraph 2, with respect to EU-OSHA's staff, 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 of Other Servants (the ‘appointing authority powers’);

(k)

adopt appropriate implementing rules to give effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;

(l)

appoint and, where relevant, extend the term of office of the Executive Director or remove him or her from office, in accordance with Article 19;

(m)

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

(n)

adopt the rules of procedure of the Executive Board;

(o)

monitor 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);

(p)

authorise the establishment of cooperation arrangements with the competent authorities of third countries and with international organisations in accordance with Article 30.

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 this 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 temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the Executive Director. In such cases the Management Board shall delegate them, for a limited period, to one of the representatives of the Commission whom it nominates or to a staff member other than the Executive Director.

Article 6Multiannual and annual programming1.

Each year, the Executive Director shall, in accordance with point (e) of Article 11(5) of this Regulation, draw up a draft programming document containing a multiannual and an annual work programme in accordance with Article 32 of Delegated Regulation (EU) No 1271/2013.

The Executive Director shall submit the draft programming document referred to in paragraph 1 to the Management Board. Following approval by the Management Board, the draft programming document shall be submitted to the Commission, the European Parliament and the Council no later than 31 January each year. The Executive Director shall submit any updated versions of that document in accordance with the same procedure. The Management Board shall adopt the programming document, taking into account the Commission's opinion.

The programming document shall become definitive after final adoption of the general budget of the Union and, if necessary, shall be adjusted accordingly.

The multiannual work programme shall set out overall strategic programming including objectives, expected results and performance indicators avoiding programming overlaps with other agencies. It shall also set out resource programming including multiannual budget and staff. It shall include a strategy for relations with third countries and international organisations in accordance with Article 30, the actions linked to this strategy, and a specification of associated resources.

The annual work programme shall be consistent with the multiannual work programme referred to in paragraph 3 and shall comprise:

(a)

detailed objectives and expected results including performance indicators;

(b)

a description of the actions to be financed, including planned measures that aim to increase efficiency;

(c)

an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management;

(d)

possible actions for relations with third countries and international organisations in accordance with Article 30.

It shall clearly indicate actions that have been added, changed or deleted in comparison with the previous financial year.

The Management Board shall amend the adopted annual work programme where a new activity is assigned to EU-OSHA. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

Any substantial amendment to the annual work programme shall be adopted in accordance with the same procedure as the initial annual work programme.

The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and shall in particular address the outcome of the evaluation referred to in Article 28.

The assignment to EU-OSHA of a new activity for the purpose of fulfilling the tasks laid down in Article 2 shall be taken into account in its resource and financial programming, without prejudice to the powers of the European Parliament and the Council (the ‘budgetary authority’).

Article 7Chairperson of the Management Board1.

The Management Board shall elect a Chairperson and three Deputy Chairpersons as follows:

(a)

one from among the members representing the governments of the Member States;

(b)

one from among the members representing the employers' organisations;

(c)

one from among the members representing the employees' organisations; and

(d)

one from among the members representing the Commission.

The Chairperson and the Deputy Chairpersons shall be elected by a majority of two thirds of members of the Management Board with the right to vote.

The term of office of the Chairperson and the Deputy Chairpersons shall be one year. Their term of office shall be renewable. Where 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 8Meetings of the Management Board1.

The Chairperson shall convene meetings of the Management Board.

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

The Management Board shall hold one ordinary meeting a year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission or at the request of at least one-third of its members.

The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer. Representatives of European Free Trade Association (EFTA) countries which are parties to the Agreement on the European Economic Area (EEA Agreement) may attend the meetings of the Management Board as observers where the EEA Agreement provides for their participation in EU-OSHA's activities.

EU-OSHA shall provide the secretariat for the Management Board.

Article 9Voting rules of the Management Board1.

Without prejudice to points (b) and (c) of Article 5(1), the second subparagraph of Article 7(1) and Article 19(7), the Management Board shall take decisions by a majority of members with the right to vote.

However, decisions in the framework of the annual work programme and with budgetary consequences for the national focal points shall also require the consent of a majority of members of the group representing the governments.

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.

The Chairperson shall take part in the voting.

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

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.