Article 98 - Functions of the Management Board

• Regulation (EU) 2018/1139 found in: Basic Regulation EU 2018/1139 (Jan 2023)

##### Article 98 – Functions of the Management Board Regulation (EU) 2018/1139 1. The Agency shall have a Management Board. 2. The Management Board shall: (a) appoint the Executive Director, and where relevant extend his or her term of office or remove him or her from office, in accordance with [Article 103](#_DxCrossRefBm1884563664); (b) adopt a consolidated annual activity report on the Agency's activities and send it by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors. The consolidated annual activity report shall be made public; (c) adopt each year the Agency's programming document by a majority of two-thirds of members entitled to vote and in accordance with [Article 117](#_DxCrossRefBm1884563663); (d) adopt the annual budget of the Agency by a majority of two-thirds of the members entitled to vote and in accordance with [Article 120(11)](#_DxCrossRefBm1884563662); (e) establish procedures for making decisions by the Executive Director as referred to in Articles 115 and 116; (f) carry out its functions relating to the Agency's budget pursuant to Articles 120, 121 and 125; (g) appoint the members of the Board of Appeal pursuant to [Article 106](#_DxCrossRefBm1884563661); (h) exercise disciplinary authority over the Executive Director; (i) give its opinion on the rules relating to fees and charges referred to in [Article 126](#_DxCrossRefBm1884563660); (j) adopt its Rules of Procedure; (k) decide on the linguistic arrangements for the Agency; (l) take decisions on the establishment of the internal structures of the Agency at directors' level and, where necessary, their modifications; (m) in accordance with paragraph 6, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations 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 appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with [Article 110](#_DxCrossRefBm1884563658) of the Staff Regulations; (o) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as of the members of the Board of Appeal; (p) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (‘OLAF’)[[45]](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018R1139&from=EN#ntr42-L_2018212EN.01000101-E0042); (q) adopt the financial rules applicable to the Agency in accordance with [Article 125](#_DxCrossRefBm1884563659); (r) appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be totally independent in the performance of his or her duties; (s) adopt an anti-fraud strategy, proportionate to fraud risks taking into account the costs and benefits of the measures to be implemented; (t) give its opinion on the draft of the European Aviation Safety Programme in accordance with [Article 5](#_DxCrossRefBm1884563522); (u) adopt the European Plan for Aviation Safety in accordance with [Article 6](#_DxCrossRefBm1884563523); (v) take duly reasoned decisions in relation to waiver of immunity in accordance with [Article 17](#_DxCrossRefBm1884563537) of Protocol No 7 on the privileges and immunities of the European Union, annexed to the TEU and to the TFEU; (w) establish procedures for expedient cooperation of the Agency with national judicial authorities, without prejudice to Regulations (EU) No 996/2010 and (EU) No 376/2014. 3. The Management Board may advise the Executive Director on any matter related to areas covered by this Regulation. 4. The Management Board shall establish an advisory body representing the full range of interested parties affected by the work of the Agency, which it shall consult prior to making decisions in the fields referred to in points (c), (e), (f) and (i) of paragraph 2. The Management Board may also decide to consult the advisory body on other issues referred to in paragraphs 2 and 3. The Management Board shall not, in any case, be bound by the opinion of the advisory body. 5. The Management Board may establish working bodies to assist in carrying out its tasks, including the preparation of its decisions and monitoring the implementation thereof. 6. The Management Board shall adopt, in accordance with [Article 110](#_DxCrossRefBm1884563658) of the Staff Regulations, a decision based on [Article 2(1)](#_DxCrossRefBm1884563515) of the Staff Regulations and on [Article 6](#_DxCrossRefBm1884563523) of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Executive Director and defining the conditions under which that 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 the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.