1. The Board shall take decisions by a simple majority of its members, unless otherwise provided for in this Regulation.
2. The Board shall adopt its own rules of procedure by a two-thirds majority of its members and organise its own operational arrangements.
Article 72 establishes the Board's decision-making rules, balancing efficiency (simple majority for most decisions) with stability and broad consensus for fundamental procedural matters (two-thirds majority for rules of procedure).
Paragraph 1's simple majority rule (more than half of members) enables efficient decision-making. With 27+ Member States represented, requiring unanimity or supermajorities for routine decisions would create gridlock. Simple majority allows the Board to function effectively while ensuring decisions have broad support—a decision with only narrow majority support (e.g., 14-13) might suggest need for further deliberation, but the mechanism doesn't prevent decision.
However, the Regulation specifies higher thresholds for particular decisions. Article 65(2) requires two-thirds majority for binding decisions resolving disputes—ensuring these consequential decisions have strong support beyond narrow majorities. Article 66(4) allows simple majority for urgent decisions after two weeks, recognizing urgency may prevent achieving two-thirds consensus.
Paragraph 2's two-thirds majority for rules of procedure reflects their importance. Rules of procedure govern how the Board operates: meeting frequency, agenda-setting procedures, working group structures, document circulation rules, voting procedures, confidentiality protocols, conflict of interest rules, public consultation procedures, and secretariat management. These rules shape the Board's effectiveness and legitimacy.
Requiring two-thirds consensus for procedural rules prevents dominant coalitions from manipulating procedures for advantage and ensures rules have broad acceptance. If simple majority could change rules of procedure, a bare majority might alter procedures to favor particular outcomes or exclude minority viewpoints. Two-thirds requirement encourages consensus on fundamental operational structures.
The Board's procedural autonomy ("organise its own operational arrangements") is essential for independence (Article 69). If external bodies controlled the Board's procedures, they could manipulate operations to influence outcomes. Self-governance ensures the Board controls its own functioning, determining meeting schedules, working methods, delegation structures, and resource allocation within its secretariat.
In practice, the Board's Rules of Procedure are detailed documents covering membership, meeting organization, decision-making processes, working parties, secretariat roles, document handling, public consultation methods, and conflict resolution. These rules have been amended occasionally to improve efficiency, always requiring two-thirds support for amendments.