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Chapter V · ESTABLISHMENT AND STRUCTURE OF THE BUDGET  ›  Section 1 · Single programming document › Article 45

Establishment of the budget

1.   Each year the Executive Director shall draw up, taking into account the activities carried out by the Agency, a draft statement of estimates of the Agency’s revenue and expenditure for the following financial year, including a draft establishment plan, and shall submit it to the Management Board.

2.   The Management Board shall, on the basis of the draft statement of estimates drawn up by the Executive Director, adopt a draft estimate of the revenue and expenditure of the Agency for the following financial year, including the draft establishment plan. By 31 January each year, the Management Board shall send it to the Commission and to the countries associated with the implementation, application and development of the Schengen acquis and with Dublin- and Eurodac-related measures, as a part of the single programming document.

3.   The Commission shall send the draft estimate to the budgetary authority together with the preliminary draft general budget of the Union.

4.   On the basis of the draft estimate, the Commission shall enter in the draft general budget of the 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 Articles 313 and 314 TFEU.

5.   The budgetary authority shall authorise the appropriations for the contribution to the Agency.

6.   The budgetary authority shall adopt the establishment plan for the Agency.

7.   The Management Board shall adopt the Agency’s budget. It shall become final following the final adoption of the general budget of the Union. Where appropriate, the Agency’s budget shall be adjusted accordingly.

8.   Any modification to the Agency’s budget, including the establishment plan, shall follow the same procedure as that applicable to the establishment of the initial budget.

9.   Without prejudice to Article 17(5), the Management 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 its budget, in particular any projects relating to property, such as the rental or purchase of buildings. The Management Board shall inform the Commission thereof. If either branch of the budgetary authority intends to issue an opinion, it shall, within two weeks of the receipt of the information on the project, notify the Management Board of its intention to issue such an opinion. In the absence of a reply, the Agency may proceed with the planned operation. Delegated Regulation (EU) No 1271/2013 shall apply to any building project likely to have any significant implications for the Agency’s budget.

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