SECTION 2

The Agency shall comprise: a Management Board; an Executive Director and staff; and a Permanent Stakeholders’ Group. In order to contribute to enhancing effectiveness and efficiency of the operation of the Agency, the Management Board shall establish an Executive Board. The Management Board shall define the general direction of the operation of the Agency and ensure that the Agency works in accordance with the rules and principles laid down in this Regulation. It shall also ensure consistency of the Agency’s work with activities conducted by the Member States as well as at Union level. The Management Board shall adopt the Agency’s annual and multiannual work programme. The Management Board shall adopt an annual report on the Agency’s activities and send it, by 1 July of the following year, to the European Parliament, the Council, the Commission and the Court of Auditors. The annual report shall include the accounts and describe how the Agency has met its performance indicators. The annual report shall be made public. The Management Board shall adopt an anti-fraud strategy that is proportionate to the fraud risks having regard to a cost-benefit analysis of the measures to be implemented. The Management Board shall ensure adequate follow-up to the findings and recommendations resulting from investigations of the European Anti-fraud Office (OLAF) and the various internal or external audit reports and evaluations. The Management Board shall adopt rules for the prevention and management of conflicts of interest. The Management Board shall exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (the ‘Staff Regulations’ and the ‘Conditions of Employment of Other Servants’), laid down in Regulation (EEC, Euratom, ECSC) No 259/68 OJ L 56, 4.3.1968, p. 1. on the Appointing Authority and on the Authority Empowered to Conclude Contract of Employment, respectively. The Management Board shall adopt, in accordance with the procedure under 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 the relevant Appointing Authority powers to the Executive Director. The Executive Director may sub-delegate those powers. Where exceptional circumstances so require, the Management Board may revoke the delegation of the powers of the Appointing Authority to the Executive Director and those sub-delegated by the Executive Director. In such a case, the Management Board may delegate them, for a limited period to one of its members or to a staff member other than the Executive Director. The Management board shall adopt appropriate rules implementing the Staff Regulations and the Conditions of Employment of Other Servants in accordance with the procedure provided for in Article 110 of the Staff Regulations. The Management Board shall appoint the Executive Director and may extend his term of office or remove him from office in accordance with Article 24 of this Regulation. The Management Board shall adopt the rules of procedure for itself and for the Executive Board after consulting the Commission. The rules of procedure shall provide for expedited decisions through either written procedure or by remote conferencing. The Management Board shall adopt the Agency’s internal rules of operation after consulting the Commission services. Those rules shall be made public. The Management Board shall adopt the financial rules applicable to the Agency. They may not depart from 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 OJ L 357, 31.12.2002, p. 72. , unless such departure is specifically required for the Agency’s operation and the Commission has given its prior consent. The Management Board shall adopt a Multiannual Staff Policy Plan, after consulting the Commission services and having duly informed the European Parliament and the Council. The Management Board shall be composed of one representative of each Member State, and two representatives appointed by the Commission. All representatives shall have voting rights. Each member of the Management Board shall have an alternate to represent the member in their absence. Members of the Management Board and their alternates shall be appointed in light of their knowledge of the Agency’s tasks and objectives, taking into account the managerial, administrative and budgetary skills relevant to fulfil the tasks listed in Article 5. The Commission and the Member States should make efforts to limit turnover of their representatives in the Management Board, in order to ensure continuity of that board’s work. The Commission and the Member States shall aim to achieve a balanced representation between men and women on the Management Board. The term of office of members of the Management Board and of their alternates shall be four years. That term shall be renewable. The Management Board shall elect its Chairperson and a Deputy Chairperson from among its members for a period of three years, which shall be renewable. The Deputy Chairperson shall ex officio replace the Chairperson if the latter is unable to attend to his or her duties. The Chairperson may be invited to make a statement before the relevant committee(s) of the European Parliament and answer Members’ questions. Meetings of the Management Board shall be convened by its Chairperson. The Management Board shall hold an ordinary meeting at least once a year. It shall also hold extraordinary meetings at the request of the Chairperson or of at least a third of its members. The Executive Director shall take part, without voting rights, in the meetings of the Management Board. The Management Board shall take its decisions by an absolute majority of its members. A two-thirds majority of all Management Board members shall be required for the adoption of the Management Board’s rules of procedure, the Agency’s internal rules of operation, the budget, the annual and multiannual work programme, the appointment, extension of the term of office or removal of the Executive Director, and the designation of the Chairperson of the Management Board. The Management Board shall be assisted by an Executive Board. The Executive Board shall prepare decisions to be adopted by the Management Board on administrative and budgetary matters only. Together with the Management Board, it shall ensure adequate follow-up to the findings and recommendations stemming from investigations of OLAF and the various internal or external audit reports and evaluations. Without prejudice to the responsibilities of the Executive Director, as set out in Article 11, the Executive Board shall assist and advise the Executive Director in implementing the decisions of the Management Board on administrative and budgetary matters. The Executive Board shall be made up of five members appointed from among the members of the Management Board amongst whom the Chairperson of the Management Board, who may also chair the Executive Board, and one of the representatives of the Commission. The term of office of members of the Executive Board shall be the same as that of members of the Management Board set out in Article 6(4). The Executive Board shall meet at least once every three months. The chairperson of the Executive Board shall convene additional meetings at the request of its members. The Agency shall be managed by its Executive Director, who shall be independent in the performance of his/her duties. The Executive Director shall be responsible for: the day-to-day administration of the Agency; implementing the decisions adopted by the Management Board; after consultation with the Management Board, preparing the annual work programme and the multiannual work programme and submitting them to the Management Board after consulting the Commission; implementing the annual work programme and the multiannual work programme and reporting to the Management Board thereon; preparing the annual report on the Agency’s activities and presenting it to the Management Board for approval; preparing an action plan following-up on the conclusions of the retrospective evaluations and reporting on progress every two years to the Commission; protecting the financial interests of the Union by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties; preparing an anti-fraud strategy for the Agency and presenting it to the Management Board for approval; ensuring that the Agency performs its activities in accordance with the requirements of those using its services, in particular with regard to the adequacy of the services provided; developing and maintaining contact with the Union institutions, bodies, offices and agencies; developing and maintaining contact with the business community and consumers’ organisations to ensure regular dialogue with relevant stakeholders; other tasks assigned to the Executive Director by this Regulation. Where necessary and within the Agency’s objectives and tasks, the Executive Director may set up ad hoc Working Groups composed of experts, including from the Member States’ competent authorities. The Management Board shall be informed in advance. The procedures regarding in particular the composition, the appointment of the experts by the Executive Director and the operation of the ad hoc Working Groups shall be specified in the Agency’s internal rules of operation. The Executive Director shall make administrative support staff and other resources available to the Management Board and the Executive Board whenever necessary. The Management Board, acting on a proposal by the Executive Director, shall set up a Permanent Stakeholders’ Group composed of recognised experts representing the relevant stakeholders, such as the ICT industry, providers of electronic communications networks or services available to the public, consumer groups, academic experts in network and information security, and representatives of national regulatory authorities notified under Directive 2002/21/EC as well as of law enforcement and privacy protection authorities. Procedures for, in particular, the number, composition, and the appointment of the members of the Permanent Stakeholders’ Group by the Management Board, the proposal by the Executive Director and the operation of the Group shall be specified in the Agency’s internal rules of operation and shall be made public. The Permanent Stakeholders’ Group shall be chaired by the Executive Director or by any person the Executive Director appoints on a case-by-case basis. The term of office of the Permanent Stakeholders’ Group’s members shall be two-and-a-half years. Members of the Management Board may not be members of the Permanent Stakeholders’ Group. Experts from the Commission and the Member States shall be entitled to be present at the meetings of the Permanent Stakeholders’ Group and to participate in its work. Representatives of other bodies deemed relevant by the Executive Director, who are not members of the Permanent Stakeholders’ Group, may be invited to be present at the meetings of the Permanent Stakeholders’ Group and to participate in its work. The Permanent Stakeholders’ Group shall advise the Agency in respect of the performance of its activities. It shall in particular advise the Executive Director on drawing up a proposal for the Agency’s work programme, and on ensuring communication with the relevant stakeholders on all issues related to the work programme.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.