1. The Management Board shall:
(a)
provide the general orientation for the Agency’s activities;
(b)
adopt, by a majority of two-thirds of members entitled to vote, the annual budget of the Agency and exercise other functions in respect of the Agency’s budget pursuant to Chapter V;
(c)
appoint the Executive Director and the Deputy Executive Director and, where relevant, extend their respective terms of office or remove them from office in accordance with Articles 25 and 26 respectively;
(d)
exercise disciplinary authority over the Executive Director and oversee his or her performance, including the implementation of the Management Board’s decisions, and exercise disciplinary authority over the Deputy Executive Director in agreement with the Executive Director;
(e)
take all decisions on the establishment of the Agency’s organisational structure and, where necessary, its modification, taking into consideration the Agency’s activity needs and having regard to sound budgetary management;
(f)
adopt the Agency’s staff policy;
(g)
establish the Agency’s rules of procedure;
(h)
adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented;
(i)
adopt rules for the prevention and management of conflicts of interest in respect of its members and publish them on the Agency’s website;
(j)
adopt detailed internal rules and procedures for the protection of whistleblowers, including appropriate channels of communication for reporting misconduct;
(k)
authorise the conclusion of working arrangements in accordance with Articles 41 and 43;
(l)
approve, following a proposal by the Executive Director, the Headquarters Agreement concerning the seat of the Agency and the agreements concerning the technical and backup sites, set up in accordance with Article 17(3), to be signed by the Executive Director and the host Member States;
(m)
exercise, in accordance with paragraph 2, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment (‘the appointing authority powers’);
(n)
adopt, in agreement with the Commission, the necessary implementing rules for giving effect to the Staff Regulations in accordance with Article 110 of the Staff Regulations of Officials;
(o)
adopt the necessary rules on the secondment of national experts to the Agency;
(p)
adopt a draft estimate of the Agency’s revenue and expenditure, including the draft establishment plan, and submit them by 31 January each year to the Commission;
(q)
adopt the draft single programming document, containing the Agency’s multiannual programming and its work programme for the following year and a provisional draft estimate of the Agency’s revenue and expenditure, including the draft establishment plan, and submit it by 31 January each year, as well as any updated version of that document, to the European Parliament, to the Council and to the Commission;
(r)
adopt, before 30 November each year, by a two-thirds majority of its members with the right to vote, and in accordance with the annual budgetary procedure, the single programming document taking into account the opinion of the Commission and ensure that the definitive version of this single programming document is transmitted to the European Parliament, to the Council and to the Commission and is published;
(s)
adopt an interim report by the end of August of each year on the progress of the implementation of the planned activities for the current year and submit it to the European Parliament, to the Council and to the Commission;
(t)
assess and adopt the consolidated annual activity report of the Agency’s activities for the previous year, comparing, in particular, the results achieved with the objectives of the annual work programme, and send both the report and its assessment by 1 July of each year to the European Parliament, to the Council, to the Commission and to the Court of Auditors and ensure that the annual activity report is published;
(u)
carry out its functions relating to the Agency’s budget, including the implementation of pilot projects and proofs of concept as referred to in Article 15;
(v)
adopt the financial rules applicable to the Agency in accordance with Article 49;
(w)
appoint an accounting officer, who may be the Commission’s accounting officer, subject to the Staff Regulations, who shall be completely independent in the performance of his or her duties;
(x)
ensure adequate follow-up to the findings and recommendations stemming from the various internal or external audit reports and evaluations as well as from investigations by the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO);
(y)
adopt the communication and dissemination plans referred to in Article 34(4) and regularly update them;
(z)
adopt the necessary security measures, including a security plan and a business continuity and disaster recovery plan, taking into account the possible recommendations of the security experts present in the Advisory Groups;
(aa)
adopt the security rules on the protection of classified information and non-classified sensitive information following approval by the Commission;
(bb)
appoint a security officer;
(cc)
appoint a data protection officer in accordance with Regulation (EU) 2018/1725;
(dd)
adopt the detailed rules for implementing Regulation (EC) No 1049/2001;
(ee)
adopt the reports on the development of the EES pursuant to Article 72(2) of Regulation (EU) 2017/2226 and the reports on the development of ETIAS pursuant to Article 92(2) of Regulation (EU) 2018/1240;
(ff)
adopt the reports on the technical functioning of SIS II pursuant to Article 50(4) of Regulation (EC) No 1987/2006 and Article 66(4) of Decision 2007/533/JHA respectively, of the VIS pursuant to Article 50(3) of Regulation (EC) No 767/2008 and Article 17(3) of Decision 2008/633/JHA, of the EES pursuant to Article 72(4) of Regulation (EU) 2017/2226 and of ETIAS pursuant to Article 92(4) of Regulation (EU) 2018/1240;
(gg)
adopt the annual report on the activities of the Central System of Eurodac pursuant to Article 40(1) of Regulation (EU) No 603/2013;
(hh)
adopt formal comments on the European Data Protection Supervisor’s reports on the audits carried out pursuant to Article 45(2) of Regulation (EC) No 1987/2006, Article 42(2) of Regulation (EC) No 767/2008 and Article 31(2) of Regulation (EU) No 603/2013, Article 56(2) of Regulation (EU) 2017/2226 and Article 67 of Regulation (EU) 2018/1240 and ensure appropriate follow-up of those audits;
(ii)
publish statistics related to SIS II pursuant to Article 50(3) of Regulation (EC) No 1987/2006 and Article 66(3) of Decision 2007/533/JHA respectively;
(jj)
compile and publish statistics on the work of the Central System of Eurodac pursuant to Article 8(2) of Regulation (EU) No 603/2013;
(kk)
publish statistics related to the EES pursuant to Article 63 of Regulation (EU) 2017/2226;
(ll)
publish statistics related to ETIAS pursuant to Article 84 of Regulation (EU) 2018/1240;
(mm)
ensure annual publication of the list of competent authorities authorised to search directly the data contained in SIS II pursuant to Article 31(8) of Regulation (EC) No 1987/2006 and Article 46(8) of Decision 2007/533/JHA, together with the list of Offices of the national systems of SIS II (N.SIS II Offices) and SIRENE Bureaux pursuant to Article 7(3) of Regulation (EC) No 1987/2006 and Article 7(3) of Decision 2007/533/JHA respectively as well as the list of competent authorities pursuant to Article 65(2) of Regulation (EU) 2017/2226 and the list of competent authorities pursuant to Article 87(2) of Regulation (EU) 2018/1240;
(nn)
ensure annual publication of the list of units pursuant to Article 27(2) of Regulation (EU) No 603/2013;
(oo)
ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary;
(pp)
perform any other tasks conferred on it in accordance with this Regulation.
Without prejudice to the provisions on publication of the lists of relevant authorities provided for in the Union legal acts referred to in point (mm) of the first subparagraph and where an obligation to publish and continuously update those lists on the Agency’s website is not provided for in those legal acts, the Management Board shall ensure such publication and continuous update.
2. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations of Officials, a decision based on Article 2(1) of the Staff Regulations of Officials and on Article 6 of the Conditions of Employment of Other Servants delegating relevant appointing authority powers to the Executive Director and defining 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, by way of a decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by him or her and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
3. The Management Board may advise the Executive Director on any matter strictly related to the development or operational management of large-scale IT systems and on activities related to research, pilot projects, proofs of concept and testing activities.