Article 17

The Agency shall be managed and represented by its Executive Director. The Executive Director shall be independent in the performance of his duties. Without prejudice to the respective competences of the Commission and the Management Board, the Executive Director shall neither seek nor take instructions from any government or other body. Without prejudice to Article 12, the Executive Director shall assume full responsibility for the tasks entrusted to the Agency and shall be subject to the procedure for annual discharge by the European Parliament for the implementation of the budget. The European Parliament or the Council may invite the Executive Director to report on the implementation of his tasks. The Executive Director shall: ensure the Agency’s day-to-day administration; ensure the Agency’s operation in accordance with this Regulation; prepare and implement the procedures, decisions, strategies, programmes and activities adopted by the Management Board, within the limits specified by this Regulation, its implementing rules and the applicable law; establish and implement an effective system enabling regular monitoring and evaluations of: large-scale IT systems, including statistics; and the Agency, including the effective and efficient achievement of its objectives; participate, without the right to vote, in the meetings of the Management Board; exercise with respect to the Agency’s staff the powers laid down in Article 20(3) and manage staff matters; without prejudice to Article 17 of the Staff Regulations of Officials, establish confidentiality requirements in order to comply with Article 17 of Regulation (EC) No 1987/2006, Article 17 of Decision 2007/533/JHA and Article 26(9) of Regulation (EC) No 767/2008 respectively and in order to apply appropriate rules of professional secrecy or other equivalent duties of confidentiality to the Agency’s staff required to work with Eurodac data; negotiate and, after approval by the Management Board, sign a Headquarters Agreement concerning the seat of the Agency and Agreements concerning technical and backup sites with the Governments of the host Member States. The Executive Director shall submit to the Management Board for adoption, in particular, the drafts of the following: the Agency’s annual work programme and its annual activity report, after prior consultation of the Advisory Groups; the financial rules applicable to the Agency; the multi-annual work programme; the budget for the coming year, established on the basis of activity-based budgeting; the multi-annual Staff Policy Plan; the terms of reference for the evaluation referred to in Article 31; the practical arrangements for implementing Regulation (EC) No 1049/2001; the necessary security measures including a security plan, and a business continuity and disaster recovery plan; reports on the technical functioning of each large-scale IT system referred to in Article 12(1)(t) and the annual report on the activities of the Central Unit of Eurodac referred to in Article 12(1)(u), on the basis of the results of monitoring and evaluation; the annual list, for publication, of competent authorities authorised to search directly the data contained in SIS II, including the list of N.SIS II Offices and SIRENE Bureaux, referred to in Article 12(1)(y) and the list of authorities referred to in Article 12(1)(z). The Executive Director shall perform any other tasks in accordance with this Regulation.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.