Changes from plenary report to adopted text

Added4. The seat of the Agency shall be in Lisbon, the Republic of Portugal.

Added4a. In order to achieve financial savings, the Agency shall where appropriate cooperate closely with other Union institutions, agencies and bodies, especially those that have their seat in the same Member State. [Am. 85]

Added5. At the request of the Commission, the Management Board may decide, after informing the competent committee of the European Parliament, with the agreement of and in cooperation with the Member States concerned and with due regard to budgetary implications, including any contribution the Member States concerned may provide, to establish regional centres necessary in order to carry out, in the most efficient and effective way, some of the Agency’s tasks. When taking such a decision, the Management Board shall define the precise scope of activities of the regional centre while avoiding unnecessary financial costs and enhancing cooperation with existing regional and national networks. [Am. 86]

AddedArticle 33 Implementing acts relating to Fees and charges [Am. 87]

Added1. The Commission shall adopt, in accordance with the principles set out in paragraphs 2, 3 and 4 implementing acts specifying:

Added(a) the fees and charges payable to the Agency, in particular in application of Article 26 (3) point (c); and

Added(b) the conditions of payment.

AddedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34 (2). [Am. 88]

Added2. Fees and charges shall be levied for possible services provided by the Agency, in particular to third countries and the industry for tasks falling under its competencies.

Added3. All fees and charges shall be expressed, and payable, in euro. Fees and charges shall be set in a transparent, fair and uniform manner. The specific needs of small and medium-sized enterprises, including the possibility of splitting payments into several instalments and phases, shall be taken into account, as appropriate. The apportionment of the fees shall be clearly identified in the accounts. Reasonable deadlines shall be set for the payment of fees and charges.

Added4. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services provided. All expenditure of the Agency attributed to staff involved in the activities referred to in paragraph 2, including the employer's pro-rata contribution to the pension scheme, shall in particular be reflected in that cost. Should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent, the level of those fees and charges shall be revised. Those fees and charges shall be assigned revenues for the Agency.

Added4a. The Commission shall adopt delegated acts in accordance with Article 33a, supplementing this Regulation by laying down the methodology for calculating the fees and charges referred to in paragraph 2. That methodology shall be based on the principles laid down in paragraphs 3 and 4. [Am. 89]

Added4b. On the basis of the methodology laid down pursuant to paragraph 4a, the Commission shall adopt implementing acts specifying the fees and charges for the delivery of services. Those acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). [Am. 90]

AddedArticle 33a Exercise of the delegation

Added1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added2. The power to adopt delegated acts referred to in Article 33(4a) shall be conferred on the Commission for an indeterminate period of time from ...[date of application of the Regulation]. / for a period of … years from …

Added3. The delegation of power referred to in Article 33(4a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Added4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

Added5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Added6. A delegated act adopted pursuant to Article 33(4a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 91]

AddedArticle 34 Committee procedure

Added1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

AddedArticle 35 Privileges and immunities

AddedThe Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.

AddedArticle 36 Language arrangements

Added1. The provisions laid down in Council Regulation No 1 shall apply to the Agency.

Added2. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the Bodies of the European Union.

AddedArticle 37 Transparency

Added1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council shall apply to documents held by the Agency.

Added2. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001.

Added3. Decisions taken by the Agency under Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 of the TFEU respectively.

Added4. The processing of personal data by the Agency shall be subject to Regulation (EU) 2018/1725 of the European Parliament and of the Council.

AddedArticle 38 Combating fraud

Added1. In order to facilitate combating fraud, corruption, abuse of office and other unlawful activities under Regulation (EU, Euratom) No 883/2013 the Agency shall adopt appropriate provisions applicable to all employees of the Agency. [Am. 92]

Added2. The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.

Added3. OLAF may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption, abuse of office or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013. [Am. 93]

Added4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the European Court of Auditors OLAF and EPPO to conduct such audits and investigations, according to their respective competences.

AddedArticle 39 Security rules on the protection of classified and sensitive non-classified information

AddedThe Agency shall adopt own security rules equivalent to the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in the Commission Decisions (EU, Euratom) 2015/443 and 2015/444. The security rules of the Agency shall include provisions for the exchange, processing and storage of such information.

AddedArticle 40 Liability

Added1. The Agency's contractual liability shall be governed by the law applicable to the contract in question.

Added2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

Added3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

Added4. The Court of Justice of the European Union shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.

Added5. The personal liability of its staff towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.

AddedArticle 41 Evaluation and review

Added1. No later than 5 years after the [date of entry into force], and every 5 years thereafter, the Commission shall conduct an evaluation to assess particularly the impact, effectiveness and, efficiency and the cost-benefit analysis of the Agency and its working practices. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. [Am. 94]

Added2. The Commission shall forward the evaluation report together with its conclusions on the report, to the European Parliament, the Council and the Management Board. The findings of the evaluation shall be made public.

Added3. On the occasion of every second evaluation, there shall also be an assessment of the results achieved by the Agency having regard to its objectives, mandate and tasks. If the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed.

AddedArticle 42 Administrative inquiries of the European Ombudsman

AddedThe activities of the Agency shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 of the TFEU.

AddedArticle 43 Transitional provisions

Added1. By way of derogation from Article 15 of this Regulation, the members of the Administrative Board appointed under Regulation (EC) No 1406/2002 before [date of entry into force] shall remain in office as members of the Management Board until the expiry date of their term of office, without prejudice to the right of each Member State to appoint a new representative.

Added2. The Executive Director of the Agency appointed on the basis of Article 16 of Regulation (EU) No 1406/2002 shall remain assigned to the post of the Executive Director with the tasks and responsibilities provided for in Article 23 of this Regulation. If a decision extending the mandate of the Executive Director in accordance with Article 16(2) of Regulation (EU) No 1406/2002 is adopted prior to the entry into force of this Regulation, the duration of the extended mandate shall be for 5 years. The other conditions of her contract shall remain unchanged.

Added3. The entry into force of this Regulation is without prejudice to all employment contracts in force on [date of entry into force].

AddedArticle 44 Repeal

AddedRegulation (EC) No 1406/2002 is repealed.

AddedArticle 45 Entry into force

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.