European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2007/2004 as regards the term of office of the Executive Director and the Deputy Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (COM(2005)0190 - C6-0203/2005 - 2005/0089(CNS))
Date: 2005-12-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: EU office or agency, administrative procedure, contractual liability, external border of the EU, operation of the Institutions

C 286 E/140

Official Journal of the European Union

EN

23.11.2006

Tuesday 13 December 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 3
ARTICLE 1, PARAGRAPH −1 (new)
Article 7, paragraph 2, subparagraph 1 (Regulation (EC) No 1321/2004)

In Article 7(2) of Regulation (EC) No 1321/2004, the first
subparagraph is hereby replaced by the following:

2.
The Executive Director shall be appointed by the Admin-
istrative Board on the grounds of merit and documented
administrative and managerial skills, as well as relevant com-
petence and experience, from a list of at least three candidates
proposed by the Commission, after hearing the opinion of the
representative appointed by the European Parliament. The
Administrative Board shall
take its decision by a three-
quarters majority of its members.

Amendment 4
ARTICLE 1
Article 7, paragraph 2, subparagraph 3 (Regulation (EC) No 1321/2004)

The term of office of the Executive Director shall be five years.
On a proposal from the Commission and after an evaluation, it
may be extended once for a period of not more than five years.

The term of office of the Executive Director shall be five years.
On a proposal from the Commission, after hearing the opinion
of the representative appointed by the European Parliament
and after an evaluation, it may be extended once for a period
of not more than five years.

P6_TA(2005)0488

The term of office of the Executive Director and the Deputy Executive Director
of the European Agency for the Management of Operational Cooperation *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 2007/2004 as regards the term of office of the Executive Director and the Deputy
Executive Director of the European Agency for the Management of Operational Cooperation at the
External Borders of the Member States of the European Union (COM(2005)0190 — C6-0203/2005
— 2005/0089(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0190) (1),

— having regard to Article 62(2)(a) and Article 66 of the EC Treaty, pursuant to which the Council con-

sulted Parliament (C6-0203/2005),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0358/2005),

1.

2.

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

(1) Not yet published in OJ.

23.11.2006

EN

Official Journal of the European Union

C 286 E/141

Tuesday 13 December 2005

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

4.
tially;

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 1A (new)

(1a) Provision should be made for the Executive Director to
be appointed on a proposal from the Commission, after hear-
ing the opinion of the representative appointed by the Euro-
pean Parliament.

Amendment 2
RECITAL 2

Provision should be made to extend this term of office

(2)
once, after suitable evaluation.

(2)
Provision should be made to extend this term of office
once, after suitable evaluation and after hearing the opinion
of the representative appointed by the European Parliament.

Amendment 3
ARTICLE 1, PARAGRAPH −1 (new)
Article 26, paragraph 1 (Regulation (EC) No 2007/2004)

Article 26(1) of Regulation (EC) No 2007/2004 is hereby
replaced by the following:

The Commission, after hearing the opinion of the repre-
1.
sentative appointed by the European Parliament, shall propose
candidates for the post of the Executive Director based on a
list following publication of the post in the Official Journal of
the European Union and other press or internet sites as
appropriate.

Amendment 4
ARTICLE 1
Article 26, paragraph 5, second sentence (Regulation (EC) No 2007/2004)

On a proposal from the Commission and after an evaluation,
the Management Board may extend them once for a period of
not more than five years.

On a proposal from the Commission, after hearing the opinion
of the representative appointed by the European Parliament
and after an evaluation, the Management Board may extend
them once for a period of not more than five years.