Legal provisions of COM(2018)499 - European Fisheries Control Agency (codification)

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dossier COM(2018)499 - European Fisheries Control Agency (codification).
document COM(2018)499 EN
date March 19, 2019

Contents

CHAPTER I - OBJECTIVE AND DEFINITIONS

Article 1 - Objective

This Regulation makes provision for a European Fisheries Control Agency (‘the Agency’), the objective of which is to organise the operational coordination of fisheries control and inspection activities by the Member States and to assist them to cooperate so as to comply with the rules of the common fisheries policy in order to ensure its effective and uniform application.

Article 2 - Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)‘control and inspection’ means any measures taken by Member States, in particular pursuant to Articles 5, 11, 71, 91 and 117 and Title VII of Council Regulation (EC) No 1224/2009 (11), to control and inspect fishing activities within the scope of the common fisheries policy, including surveillance and monitoring activities, such as satellite-based vessel monitoring systems and observer schemes;

(b)‘means of control and inspection’ means surveillance vessels, aircraft, vehicles and other material resources as well as inspectors, observers and other human resources used by Member States for control and inspection;

(c)‘joint deployment plan’ means a plan setting out operational arrangements for the deployment of available means of control and inspection;

(d)‘international control and inspection programme’ means a programme that sets objectives, common priorities and procedures for control and inspection activities to implement international obligations of the Union relating to control and inspection;

(e)‘specific control and inspection programme’ means a programme that sets objectives, common priorities and procedures for control and inspection activities established in accordance with Article 95 of Regulation (EC) No 1224/2009;

(f)‘fishery’ means fishing activities as defined in point (28) of Article 4(1) of Regulation (EU) No 1380/2013;

(g)‘Union inspectors’ means the inspectors included in the list referred to in Article 79 of Regulation (EC) No 1224/2009.

CHAPTER II - MISSION AND TASKS OF THE AGENCY

Article 3 - Mission

The mission of the Agency shall be:

(a)to coordinate control and inspection by Member States related to the control and inspection obligations of the Union;

(b)to coordinate the deployment of the national means of control and inspection pooled by the Member States concerned in accordance with this Regulation;

(c)to assist Member States in reporting information on fishing activities and control and inspection activities to the Commission and third parties;

(d)in the field of its competences, to assist Member States to fulfil their tasks and obligations pursuant to the rules of the common fisheries policy;

(e)to assist Member States and the Commission in harmonising the application of the common fisheries policy throughout the Union;

(f)to contribute to the work of Member States and the Commission on research into and development of control and inspection techniques;

(g)to contribute to the coordination of the training of inspectors and the exchange of experience between Member States;

(h)to coordinate the operations to combat illegal, unreported and unregulated (‘IUU’) fishing in conformity with Union rules;

(i)to assist in the uniform implementation of the control system of the common fisheries policy, including in particular:

—the organisation of the operational coordination of control activities by Member States for the implementation of specific control and inspection programmes, control programmes related to IUU fishing and international control and inspection programmes,

—inspections as necessary to fulfil the Agency's tasks in accordance with Article 19;

(j)to cooperate with the European Border and Coast Guard Agency, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council (12), and the European Maritime Safety Agency, established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (13), each within its mandate, to support the national authorities carrying out coast guard functions as set out in Article 8 of this Regulation, by providing services, information, equipment and training as well as by coordinating multipurpose operations.

Article 4 - Tasks relating to the international obligations of the Union relating to control and inspection

1. The Agency shall, at the Commission's request:

(a)assist the Union and Member States in their relations with third countries and regional international fisheries organisations of which the Union is a member;

(b)cooperate with the competent authorities of regional international fisheries organisations regarding the control and inspection obligations of the Union in the framework of working arrangements concluded with such bodies.

2. The Agency may, at the Commision's request, cooperate with the competent authorities of third countries in matters relating to control and inspection in the framework of agreements concluded between the Union and such third countries.

3. The Agency may, within its field of competence, carry out, on behalf of Member States, tasks under international fisheries agreements to which the Union is a party.

Article 5 - Tasks relating to operational coordination

1. Operational coordination by the Agency shall cover control of all activities covered by the common fisheries policy.

2. For the purpose of operational coordination, the Agency shall establish joint deployment plans and organise the operational coordination of control and inspection by Member States in accordance with Chapter III.

3. For the purpose of enhanced operational coordination between Member States, the Agency may establish operational plans with the Member States concerned and coordinate their implementation.

Article 6 - Provision of contractual services to Member States

The Agency may provide contractual services to Member States, at their request, relating to control and inspection in connection with their obligations concerning fisheries in Union and/or international waters, including the chartering, operating and staffing of control and inspection platforms and the provision of observers for joint operations by the Member States concerned.

Article 7 - Assistance to the Commission and the Member States

The Agency shall assist the Commission and the Member States for the purpose of ensuring a high level of uniform and effective fulfilment of their obligations under the rules of the common fisheries policy, including as regards the fight against IUU fishing, and assist them in their relations with third countries. The Agency shall in particular:

(a)establish and develop a core curriculum for the training of the instructors of the fisheries inspectorate of the Member States and provide additional training courses and seminars to those officials and other personnel involved in control and inspection activities;

(b)establish and develop a core curriculum for the training of Union inspectors before their first deployment and provide updated additional training and seminars on a regular basis to those officials;

(c)at the request of Member States, undertake the joint procurement of goods and services relating to control and inspection activities by Member States as well as the preparation for and the coordination of the implementation by Member States of joint pilot projects;

(d)draw up joint operational procedures in relation to joint control and inspection activities undertaken by two or more Member States;

(e)elaborate criteria for the exchange of means of control and inspection between Member States and between Member States and third countries, and for the provision of such means by the Member States;

(f)conduct risk analysis on the basis of fisheries data on catches, landings and fisheries effort, as well as risk analysis of unreported landings including, inter alia, a comparison of data on catches and imports with data on exports and on national consumption;

(g)at the request of the Commission or of Member States, develop common inspection methodologies and procedures;

(h)assist Member States, at their request, to comply with their Union and international obligations, including the fight against IUU fishing, and those arising in the framework of regional fisheries management organisations;

(i)promote and coordinate the development of uniform risk management methodologies in the field of its competence;

(j)coordinate and promote cooperation between Member States, and common standards for the development of sampling plans provided for in Regulation (EC) No 1224/2009.

Article 8 - European cooperation on coast guard functions

1. The Agency shall, in cooperation with the European Border and Coast Guard Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and, where appropriate, at international level, by:

(a)sharing, fusing and analysing information available in ship reporting systems and other information systems hosted by or accessible to those agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;

(b)providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure, and sensors mounted on any kind of platform;

(c)building capacity by drawing up guidelines and recommendations and by establishing best practices as well as by providing training and exchange of staff;

(d)enhancing the exchange of information and cooperation on coast guard functions, including by analysing operational challenges and emerging risks in the maritime domain;

(e)sharing capacity by planning and implementing multipurpose operations and by sharing assets and other capabilities, to the extent that those activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned.

2. The precise forms of cooperation on coast guard functions between the Agency, the European Border and Coast Guard Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to those agencies. Such arrangement shall be approved by the Administrative Board of the Agency, the Management Board of the European Border and Coast Guard Agency and the Administrative Board of the European Maritime Safety Agency.

3. The Commission shall, in close cooperation with the Member States, the Agency, the European Border and Coast Guard Agency and the European Maritime Safety Agency, make available a practical handbook on European cooperation on coast guard functions. That handbook shall contain guidelines, recommendations and best practices for the exchange of information. The Commission shall adopt the handbook in the form of a recommendation.

CHAPTER III - OPERATIONAL COORDINATION

Article 9 - Implementation of Union obligations relating to control and inspection

1. The Agency shall, at the Commission's request, coordinate control and inspection activities by Member States on the basis of international control and inspection programmes by establishing joint deployment plans.

2. The Agency may acquire, rent or charter the equipment that is necessary for the implementation of the joint deployment plans referred to in paragraph 1.

Article 10 - Implementation of specific control and inspection programmes

1. The Agency shall coordinate the implementation of specific control and inspection programmes established in accordance with Article 95 of Regulation (EC) No 1224/2009 through joint deployment plans.

2. The Agency may acquire, rent or charter the equipment that is necessary for the implementation of the joint deployment plans referred to in paragraph 1.

Article 11 - Content of joint deployment plans

Each joint deployment plan shall:

(a)fulfil the requirements of the relevant control and inspection programme;

(b)apply the criteria, benchmarks, priorities and common inspection procedures determined by the Commission in control and inspection programmes;

(c)seek to match the existing national means of control and inspection, communicated in accordance with Article 12(2), with needs, and organise their deployment;

(d)organise the use of human and material resources, with regard to the periods and zones in which they have to be deployed, including the operation of teams of Union inspectors from more than one Member State;

(e)take account of the existing obligations of the Member States concerned in respect of other joint deployment plans, as well as any specific regional or local constraints;

(f)lay down the conditions under which the means of control and inspection of a Member State may enter waters under the sovereignty and jurisdiction of another Member State.

Article 12 - Notification of means of control and inspection

1. Each year before 15 October, Member States shall notify the Agency of the means of control and inspection that they have available for the purpose of control and inspection in the following year.

2. Each Member State shall notify the Agency of the means with which it intends to execute the international control and inspection programme or specific control and inspection programme which concern it, no later than one month from the notification to the Member States of the Decision establishing any such programme.

Article 13 - Procedure for the adoption of joint deployment plans

1. On the basis of the notifications provided for in Article 12(2) and within three months of the receipt of such notifications, the Executive Director of the Agency shall establish a draft joint deployment plan in consultation with the Member States concerned.

2. The draft joint deployment plan shall identify the means of control and inspection which could be pooled in order to implement the control and inspection programme that the plan relates to, on the basis of the interest of the Member States concerned in the relevant fishery.

The interest of a Member State in a fishery shall be assessed by reference to the following criteria whose relative weighting shall depend on the specific features of each plan:

(a)the relative extent of the waters subject to its sovereignty or jurisdiction, if any, that are covered by the joint deployment plan;

(b)the quantity of fish landed on its territory in a given reference period as a proportion of the total landings from the fishery that is subject to the joint deployment plan;

(c)the relative number of Union fishing vessels flying its flag (engine power and gross tonnage) that are involved in the fishery that is subject to the joint deployment plan in relation to the total number of vessels that are involved in that fishery;

(d)the relative size of its quota allocation or, in the absence of a quota, its catch in a given reference period in respect of that fishery.

3. If, in the course of preparing a draft joint deployment plan, it is apparent that there are insufficient means of control and inspection available to fulfil the requirements of the relevant control and inspection programme, the Executive Director shall promptly notify the Member States concerned and the Commission.

4. The Executive Director shall notify the draft joint deployment plan to the Member States concerned and the Commission. If, within fifteen working days of such notification, the Member States concerned or the Commission have not raised any objection, the Executive Director shall adopt the plan.

5. If one or more of the Member States concerned or the Commission has raised an objection, the Executive Director shall refer the matter to the Commission. The Commission may make any necessary adjustments to the plan and adopt it in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.

6. Each joint deployment plan shall be subject to an annual review by the Agency in consultation with the Member States concerned to take account of any new control and inspection programmes which the Member States concerned are subject to and any priorities determined by the Commission in the control and inspection programmes.

Article 14 - Implementation of joint deployment plans

1. Joint control and inspection activities shall be performed on the basis of the joint deployment plans.

2. The Member States concerned by a joint deployment plan shall:

(a)make available the means of control and inspection that are committed for the joint deployment plan;

(b)appoint a single national point of contact/coordinator, who shall be conferred with sufficient authority to be able to respond in a timely manner to requests from the Agency that relate to the implementation of the joint deployment plan, and notify this to the Agency;

(c)deploy their pooled means of control and inspection in accordance with the joint deployment plan and the requirements referred to in paragraph 4;

(d)provide the Agency with on-line access to the information necessary for the implementation of the joint deployment plan;

(e)cooperate with the Agency regarding the implementation of the joint deployment plan;

(f)ensure that any means of control and inspection, assigned to a Union joint deployment plan, carry out their activities in accordance with the rules of the common fisheries policy.

3. Without prejudice to Member States' obligations within the framework of a joint deployment plan established under Article 13, the command and control of the means of control and inspection that have been committed to a joint deployment plan shall be the responsibility of the competent national authorities in accordance with national law.

4. The Executive Director may lay down the requirements for the implementation of a joint deployment plan adopted under Article 13. Such requirements shall remain within the limits of that plan.

Article 15 - Assessment of joint deployment plans

The Agency shall undertake an annual assessment of the effectiveness of each joint deployment plan, as well as an analysis, on the basis of the available evidence, of the existence of a risk that fishing activities are not compliant with applicable control measures. Such assessments shall be promptly communicated to the European Parliament, the Commission and the Member States.

Article 16 - Fisheries that are not subject to control and inspection programmes

Two or more Member States may request the Agency to coordinate the deployment of their means of control and inspection in relation to a fishery or an area that is not subject to a control and inspection programme. Such coordination shall take place in accordance with control and inspection criteria and priorities agreed between the Member States concerned.

Article 17 - Information network

1. The Commission, the Agency and the competent authorities of Member States shall exchange relevant information available to them regarding joint control and inspection activities within Union and international waters.

2. Each national competent authority shall take measures, in accordance with the relevant Union legislation, to ensure appropriate confidentiality of the information received by it pursuant to paragraph 1 of this Article, in accordance with Articles 112 and 113 of Regulation (EC) No 1224/2009.

Article 18 - Detailed rules

Detailed rules for the implementation of this Chapter may be adopted in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.

Those rules may cover, in particular, the procedures for the preparation and adoption of draft joint deployment plans.

CHAPTER IV - COMPETENCES OF THE AGENCY

Article 19 - Assignment of Agency officials as Union inspectors

Officials of the Agency may be assigned in international waters as Union inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009.

Article 20 - Agency measures

The Agency shall, where appropriate:

(a)issue manuals on harmonised standards of inspections;

(b)develop guidance material reflecting best practice in relation to control of the common fisheries policy, including on the training of control officials, and update such material on a regular basis;

(c)provide the Commission with the necessary technical and administrative support to carry out its tasks.

Article 21 - Cooperation

1. The Member States and the Commission shall cooperate with the Agency and afford it the necessary assistance for the accomplishment of its mission.

2. With due regard to the different legal systems in the individual Member States, the Agency shall facilitate cooperation between Member States and between them and the Commission in the development of harmonised standards for control, in accordance with Union legislation and taking into account best practices in Member States and agreed international standards.

Article 22 - Emergency unit

1. Where the Commission, on its own initiative or at the request of at least two Member States, identifies a situation involving a direct, indirect or potential serious risk to the common fisheries policy, and that risk cannot be prevented, eliminated or reduced by existing means or cannot be adequately managed, the Agency shall be immediately notified.

2. The Agency acting upon a notification by the Commission or on its own initiative shall immediately set up an emergency unit and inform the Commission thereof.

Article 23 - Tasks of the emergency unit

1. The emergency unit set up by the Agency shall be responsible for collecting and evaluating all relevant information and identifying the options available to prevent, eliminate or reduce the risk to the common fisheries policy as effectively and rapidly as possible.

2. The emergency unit may request the assistance of any public authority or private person whose expertise it deems necessary to respond to the emergency effectively.

3. The Agency shall ensure the necessary coordination for undertaking an adequate and timely response to the emergency.

4. The emergency unit shall, where appropriate, keep the public informed of the risks involved and the measures taken.

Article 24 - Multiannual work programme

1. The multiannual work programme of the Agency shall establish its overall objectives, mandate, tasks, performance indicators and the priorities for each action of the Agency over a five-year period. It shall include a presentation of the staff policy plan and an estimation of the budget appropriations to be made available for the achievement of the objectives for that five-year period.

2. The multiannual work programme shall be presented in accordance with the activity-based management system and methodology developed by the Commission. It shall be adopted by the Administrative Board.

3. The work programme referred to in Article 32(2)(c) shall refer to the multiannual work programme. It shall clearly indicate additions, changes or deletions compared with the previous year's work programme, and the progress made in the achievement of the overall objectives and priorities of the multiannual work programme.

Article 25 - Cooperation in maritime affairs

The Agency shall contribute to the implementation of the EU Integrated Maritime Policy, and, in particular, conclude administrative agreements with other bodies in matters falling within the scope of this Regulation, after approval by the Administrative Board. The Executive Director shall inform the Commission and the Member States thereof at an early stage of the negotiations.

Article 26 - Detailed rules

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.

Those rules may cover, in particular, the drawing-up of plans for response to emergencies, the establishment of the emergency unit and the practical procedures to be applied.

CHAPTER V - INTERNAL STRUCTURE AND FUNCTIONING

Article 27 - Legal status and principal office

1. The Agency shall be a Union body and shall have legal personality.

2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property, and it may be a party to legal proceedings.

3. The Agency shall be represented by its Executive Director.

4. The seat of the Agency shall be in Vigo, Spain.

Article 28 - Staff

1. The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union as laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (14) and the rules adopted jointly by the Institutions of the European Union for the purposes of the application of those Staff Regulations and Conditions of Employment shall apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, shall adopt the necessary detailed rules of application.

2. Without prejudice to Article 39, the powers conferred on the appointing authority by the Staff Regulations and the Conditions of Employment of Other Servants shall be exercised by the Agency in respect of its own staff.

3. The Agency's staff shall consist of officials assigned or seconded by the Commission on a temporary basis and of other servants recruited by the Agency as necessary to carry out its tasks.

The Agency may also employ officials seconded by Member States on a temporary basis.

Article 29 - Privileges and immunities

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency.

Article 30 - Liability

1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question.

2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage.

4. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.

Article 31 - Languages

1. The provisions laid down in Council Regulation No 1 (15) shall apply to the Agency.

2. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union.

Article 32 - Creation and powers of the Administrative Board

1. The Agency shall have an Administrative Board.

2. The Administrative Board shall:

(a)appoint and dismiss the Executive Director pursuant to Article 39;

(b)adopt, by 30 April each year, the general report of the Agency for the previous year, and submit it to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States. The report shall be made public;

(c)adopt, by 31 October each year and taking into account the opinion of the Commission and the Member States, the work programme of the Agency for the coming year and submit it to the European Parliament, the Council, the Commission and the Member States.

The work programme shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and surveillance programmes. It shall be adopted without prejudice to the annual Union budgetary procedure. Where the Commission expresses, within 30 days of the date of adoption of the work programme, its disagreement with that programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in a second reading;

(d)adopt the final budget of the Agency before the beginning of the financial year, adjusting it, where necessary, according to the Union contribution and any other revenue of the Agency;

(e)perform its duties in relation to the Agency's budget in accordance with Articles 44, 45 and 47;

(f)exercise disciplinary authority over the Executive Director;

(g)establish its rules of procedure which may provide for the establishment of sub-committees of the Administrative Board as necessary;

(h)adopt procedures necessary for the performance by the Agency of its tasks.

Article 33 - Composition of the Administrative Board

1. The Administrative Board shall be composed of representatives of Member States and six representatives of the Commission. Each Member State shall be entitled to appoint one member. The Member States and the Commission shall appoint one alternate for each member to represent the member in his or her absence.

2. Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of fisheries control and inspection.

3. The duration of office of each member shall be five years from the date of appointment. The term of office may be renewed.

Article 34 - Chairing of the Administrative Board

1. The Administrative Board shall elect a Chair from among the Commission representatives. The Administrative Board shall elect a Deputy Chair from among its members. The Deputy Chair shall automatically take the place of the Chair if he or she is prevented from attending to his or her duties.

2. The terms of office of the Chair and Deputy Chair shall be three years and shall expire when they cease to be members of the Administrative Board. The terms of office shall be renewable once.

Article 35 - Meetings

1. The meetings of the Administrative Board shall be convened by its Chair. The agenda shall be determined by the Chair, taking into account the proposals of members of the Administrative Board and the Executive Director of the Agency.

2. The Executive Director and the representative appointed by the Advisory Board shall take part in the deliberations without the right to vote.

3. The Administrative Board shall hold an ordinary meeting at least once a year. In addition, it shall meet on the initiative of the Chair or at the request of the Commission or of one third of the Member States represented on the Administrative Board.

4. When there is a matter of confidentiality or conflict of interest, the Administrative Board may decide to examine specific items of its agenda without the presence of the representative appointed by the Advisory Board. Detailed rules for the application of this provision may be laid down in the rules of procedure.

5. The Administrative Board may invite any person whose opinion may be of interest to attend its meetings as an observer.

6. The members of the Administrative Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts.

7. The secretariat for the Administrative Board shall be provided by the Agency.

Article 36 - Voting

1. The Administrative Board shall take its decisions by an absolute majority of votes.

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

3. The rules of procedure shall establish the more detailed voting arrangements, in particular, the conditions for a member to act on behalf of another member as well as any quorum requirements, where appropriate.

Article 37 - Declaration of interests

The members of the Administrative Board shall make a declaration of interests indicating either the absence of any interests which might be prejudicial to their independence, or any direct or indirect interests which might be considered prejudicial to their independence. Those declarations shall be made annually in writing or whenever a conflict of interests may arise in relation to items on the agenda. In the latter case, the member concerned shall not be entitled to vote on any such items.

Article 38 - Duties and powers of the Executive Director

1. The Agency shall be managed by its Executive Director. Without prejudice to the respective competencies of the Commission and the Administrative Board, the Executive Director shall neither seek nor take instructions from any government or any other body.

2. The Executive Director shall, in the performance of his or her tasks, give effect to the principles of the common fisheries policy.

3. The Executive Director shall have the following duties and powers:

(a)he or she shall prepare the draft work programme and submit it to the Administrative Board after consultation with the Commission and the Member States. He or she shall take the necessary steps for the implementation of the work programme within the limits specified by this Regulation, its implementing rules and any applicable law;

(b)he or she shall take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the organisation and functioning of the Agency in accordance with the provisions of this Regulation;

(c)he or she shall take all necessary steps, including the adoption of decisions concerning the responsibilities of the Agency under Chapters II and III, including chartering and operation of means of control and inspection and the operation of an information network;

(d)he or she shall respond to requests from the Commission and to requests for assistance from a Member State pursuant to Articles 6, 7 and 16;

(e)he or she shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its operational objectives. On that basis, the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. He or she shall establish regular evaluation procedures that meet recognised professional standards;

(f)he or she shall exercise, in respect of the staff, the powers laid down in Article 28(2);

(g)he or she shall draw up estimates of the Agency's revenue and expenditure in accordance with Article 44, and shall implement the budget in accordance with Article 45.

4. The Executive Director shall account for his or her activities to the Administrative Board.

Article 39 - Appointment and dismissal of the Executive Director

1. The Executive Director shall be appointed by the Administrative Board, on the grounds of merit and documented relevant experience in the field of the common fisheries policy and fisheries control and inspection, from a list of at least two candidates proposed by the Commission after a selection procedure, following the publication of the post in the Official Journal of the European Union, and, elsewhere, of a call for expressions of interest.

2. The power to dismiss the Executive Director shall lie with the Administrative Board. The Board shall deliberate on such item at the request of the Commission or of one third of its members.

3. The Administrative Board shall take the decisions referred to in paragraphs 1 and 2 by a two-thirds majority of members.

4. The term of office of the Executive Director shall be five years. The term of office may be extended once for a further five years on a proposal of the Commission, and that extension shall be approved by a two-thirds majority of members of the Administrative Board.

Article 40 - Advisory Board

1. The Advisory Board shall be composed of representatives of the Advisory Councils provided for in Article 43 of Regulation (EU) No 1380/2013, on the basis of one representative designated by each Advisory Council. Representatives may be replaced by alternates, appointed at the same time.

2. Members of the Advisory Board shall not be members of the Administrative Board.

The Advisory Board shall appoint one of its members to take part in the deliberations of the Administrative Board without the right to vote.

3. The Advisory Board shall, at the request of the Executive Director, advise him or her in the performance of his or her duties under this Regulation.

4. The Advisory Board shall be chaired by the Executive Director. It shall meet, at the invitation of the Chair, not less than once per year.

5. The Agency shall provide the logistic support necessary for the Advisory Board and provide a secretariat for its meetings.

6. The members of the Administrative Board may attend the meetings of the Advisory Board.

Article 41 - Transparency and communication

1. Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.

2. The Administrative Board shall, within six months of the date of its first meeting, adopt the practical arrangements for implementing Regulation (EC) No 1049/2001.

3. The Agency may communicate on its own initiative, in the fields within its mission. It shall ensure, in particular, that the public and any interested party are rapidly given objective, reliable and easily understandable information with regard to its work.

4. The Administrative Board shall lay down the necessary internal rules for the application of paragraph 3.

5. Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint with the European Ombudsman or form the subject of an action before the Court of Justice, under Articles 228 and 263 of the Treaty on the Functioning of the European Union (TFEU).

6. The information collected by the Commission and the Agency in accordance with this Regulation shall be subject to Regulation (EU) 2018/1725.

Article 42 - Confidentiality

1. Members of the Administrative Board, the Executive Director and members of the staff of the Agency, even after their duties have ceased, shall be subject to the requirements of confidentiality pursuant to Article 339 TFEU.

2. The Administrative Board shall lay down internal rules regarding the practical arrangements for implementing the confidentiality requirements referred to in paragraph 1.

Article 43 - Access to information

1. The Commission shall have full access to all information collected by the Agency. The Agency shall furnish any information and an evaluation of that information to the Commission at its request and in the form specified by it.

2. The Member States concerned by any particular operation of the Agency shall have access to the information collected by the Agency in relation to such operation, subject to the conditions which may be established in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.

CHAPTER VI - FINANCIAL PROVISIONS

Article 44 - Budget

1. The Agency's revenues shall consist of:

(a)a contribution from the Union entered in the general budget of the European Union (Commission section);

(b)charges for services provided by the Agency to Member States in accordance with Article 6;

(c)charges for publications, training and/or any other services provided by the Agency.

2. The Agency's expenditure shall cover staff and administrative, infrastructure and operational expenses.

3. The Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following financial year and shall forward it to the Administrative Board, together with a draft establishment plan.

4. Revenue and expenditure shall be in balance.

5. Each year the Administrative Board, on the basis of a draft statement of estimates of revenue and expenditure, shall produce a statement of estimates of revenue and expenditure for the Agency for the following financial year.

6. The statement of estimates referred to in paragraph 5, which shall include a draft establishment plan, together with the provisional work programme, shall, by 31 March at the latest, be submitted by the Administrative Board to the Commission.

7. The statement of estimates shall be submitted by the Commission to the European Parliament and the Council (the ‘budgetary authority’) together with the preliminary draft general budget of the European Union.

8. On the basis of the statement of estimates, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 314 TFEU.

9. The budgetary authority shall authorise the appropriations for the subsidy to the Agency. The budgetary authority shall adopt the establishment plan for the Agency.

10. The budget shall be adopted by the Administrative Board. It shall become final following the final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

11. The Administrative Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of the budget, in particular any projects relating to property, such as the rental or purchase of buildings. It shall inform the Commission thereof.

12. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall submit its opinion to the Administrative Board within a period of six weeks of the date of notification of the project.

Article 45 - Implementation and control of the budget

1. The Executive Director shall implement the budget of the Agency.

2. By 1 March at the latest following each financial year, the Agency's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 245 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (16) (the ‘Financial Regulation’).

3. By 31 March at the latest following each financial year, the Commission's accounting officer shall submit the Agency's provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for that financial year shall also be submitted to the European Parliament and the Council.

4. On receipt of the Court of Auditors' observations on the Agency's provisional accounts, pursuant to Article 246 of the Financial Regulation, the Executive Director shall draw up the Agency's final accounts under his or her own responsibility and submit them to the Administrative Board for an opinion.

5. The Administrative Board shall deliver an opinion on the Agency's final accounts.

6. By 1 July of the following year at the latest, the Executive Director shall submit the final accounts, together with the opinion of the Administrative Board, to the European Parliament, the Council, the Commission and the Court of Auditors.

7. The final accounts shall be published.

8. The Agency shall establish an internal audit function which shall be performed in compliance with the relevant international standards.

9. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He or she shall also send that reply to the Administrative Board.

10. The Executive Director shall submit to the European Parliament, at the request of the latter, all information necessary for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 261(3) of the Financial Regulation.

11. The European Parliament, upon a recommendation from the Council, shall, before 30 April of the second following year, give a discharge to the Executive Director of the Agency in respect of the implementation of the budget for the year in question.

Article 46 - Combating fraud

1. In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EU, Euratom) No 883/2013 shall apply without restriction to the Agency.

2. The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by OLAF and shall issue, without delay, the appropriate provisions to all of its staff.

3. The decisions concerning funding and the implementing agreements and instruments relating to them shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Agency's funding and the agents responsible for allocating it.

Article 47 - Financial provisions

The Administrative Board, having received the agreement of the Commission and the opinion of the Court of Auditors, shall adopt the Agency's financial rules. They shall not depart from Commission Delegated Regulation (EU) No 1271/2013 (17) unless specifically required for the Agency's operation and with the Commission's prior consent.

CHAPTER VII - FINAL PROVISIONS

Article 48 - Evaluation

1. Within five years of the date of the Agency having taken up its responsibilities, and every five years thereafter, the Administrative Board shall commission an independent external evaluation of the implementation of this Regulation. The Commission shall make available to the Agency any information the Agency considers relevant to the evaluation.

2. Each evaluation shall assess the impact of this Regulation, the utility, relevance and effectiveness of the Agency and its working practices and the extent to which it contributes to the achievement of a high level of compliance with rules made under the common fisheries policy. The Administrative Board shall issue specific terms of reference in agreement with the Commission, following consultations with the parties involved.

3. The Administrative Board shall receive the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission. Both the evaluation findings and recommendations shall be submitted by the Commission to the European Parliament and the Council and shall be made public.

Article 49 - Repeal

Regulation (EC) No 768/2005 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.

Article 50 - Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.