Changes from adopted text to adopted text

Removed(18) In the area of maritime security, the Agency should continue to provide technical assistance to the Commission inspections in the framework of Regulation (EC) No 725/2004 of the European Parliament and of the Council on enhancing ship and port facility security. Given that the number of cybersecuritycyber security incidents in the maritime sector has gone up significantly in recent years, the Agency should assist Union efforts to prevent cyber security incidents and enhance cyber resilience against cybersecurity incidents in the maritime sector by preparing guidelines, facilitating the exchange of best practices and information on cyber security incidents between the Member States. [Am. 12]

Removed(19) The Agency should continue to host the vessel monitoring and information system established under Directive 2002/59/EC of the European Parliament and of the Council together with other systems underpinning the establishment of a maritime awareness picture. In this regard, the Agency should continue to play a vital role in the management of the maritime security component of Copernicus programme and should continue making use of available state-of-the-art technology, such as remotely piloted aircraft systems providing to Member States and other Union bodies a useful tool for surveillance and monitoring. In addition to these services, the Agency has demonstrated its strategic role in providing maritime situational awareness supporting various crises, such as the COVID-19 and Russia’s war of aggression against Ukraine. As a result, the Agency should operate a centre, open 24 hours per day and 7 days per week, which should assist the Commission and the Member States with suchand provide information regarding potential and emergency situations. In support of a strong and united answer of the Union and its Member States to Russia’s war of aggression against Ukraine, the Agency should, inter alia, monitor suspicious behaviour around pipelines and detect sanctions evasion at sea. [Am. 13]

Removed(20) Digitalisation of data is part of technological progress in the area of data collection and communication with a view to helping to bring down costs, reducing administrative burden and making efficient use of human resources. The deployment and operation of Maritime Autonomous Surface Ships (MASS) and the digital and technological developments provide a wide range of new opportunities in terms of data collection and management of integrated systems. This creates opportunities for the potential digitalisation, automation and standardisation of several processes, which would allow for the facilitation of safety, security, sustainability and efficiency of maritime operations, including surveillance mechanisms, at Union level, reducing in parallel the administrative burden to the Member States. In this regard, the Agency should, among others, facilitate and promote the use of electronic certificates, the collection, recording and evaluation of technical data, the systematic exploitation of existing databases, including their cross-fertilisation through the use of innovative IT and artificial intelligence tools, and, where appropriate, the development of additional interoperable databases. [Am. 14]

Removed(21) In order to properly carry out the tasks entrusted to the Agency, it is appropriate that its officials should carry out visits to the Member States in order to monitor the overall functioning of the Union maritime safety and pollution prevention system. The Agency should also carry out inspections in order to assist the Commission in the assessment of the effective implementation of Union law.

Removed(22) In the context of the IMO, the International Labour Organisation (ILO) and the Paris Memorandum of Understanding on Port State Control, signed at Paris on 26 January 1982 (‘Paris MoU’), the Commission and the Member States may need technical assistance and expertise, thus the role of EMSA should be reinforced, in particular within IMO, where EMSA should participate in and attend the discussions. Likewise, the Commission may also need the technical assistance of the Agency in supporting third countries in the maritime domain, in particular with capacity building and pollution prevention and response means. The Management Board of the Agency should be tasked with adopting a strategy for international relations of the Agency concerning matters under its competence, as part of the single programming document. [Am. 15]

Removed(23) National authorities carrying out coast guard functions are responsible for a wide range of tasks, which may include maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The Agency, the European Border and Coast Guard Agency, established by Regulation (EU) 2019/1896 of the European Parliament and of the Council, and the European Fisheries Control Agency, established by Regulation (EU) 2019/473 of the European Parliament and of the Council, should therefore strengthen their cooperation, within their mandate, both with each other and with the national authorities carrying out coast guard functions, in order to increase maritime situational awareness and to support coherent and cost-efficient action, by providing services, information, technology, equipment and training, as well as by coordinating multi-purpose operations, collecting data for scientific research, monitoring European waters and implementing cooperation programmes with third countries. [Am. 16]

Removed(24) The implementation of this Regulation should not affect the division of competence between the Union and the Member States or the obligations of Member States under international conventions such as the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the International Convention for the Prevention of Pollution from Ships, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and other relevant international maritime instrument.

Removed(25) In order to streamline the decision-making process in the Agency and to contribute to enhancing efficiency and effectiveness, a two-level governance structure should be introduced. To that end, the Member States and the Commission should be represented on a Management Board vested with the necessary powers, including the power to establish the budget and approve the programming document. The European Parliament should be represented as an observer. The Management Board should give general orientations for the Agency's activities and be more closely involved in the monitoring of the Agency's activities, with a view to reinforcing supervision on administrative and budgetary matters. A smaller Executive Board should be set up with the task of preparing the meetings of the Management Board in an appropriate manner and supporting its decision-making process. The powers of the Executive Board should be defined in a mandate to be adopted by the Management Board and should, where necessary, include opinions and provisional decisions subject to final endorsement by the Management Board. The Agency should be headed by an Executive Director. [Am. 17]

Removed(26) In order to guarantee the transparency of the Management Board's decisions, representatives of the sectors concerned should attend its meetings, but without the right to vote. The representatives of the various stakeholders should be appointed by the Commission on the basis of their representativeness at Union level.

Removed(27) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through proportional fees and charges paid by third countries or other entities. The Agency's independence and impartiality should not be compromised by any financial contribution that it receives from Member States, third countries or other entities. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency's organisation should be transparent and the Executive Director should have full responsibility. The Agency's staff should be independent and should be employed on both short-term and long-term contracts in order to maintain its organisational knowledge and business continuity, while keeping a necessary and ongoing exchange of expertise with the maritime sector. The expenditure of the Agency should include staff, administrative, infrastructure and operational expenses. [Am. 18]

Removed(28) With regard to the prevention and management of conflicts of interest, it is essential that the Agency acts impartially, demonstrates integrity and establishes high professional standards. There should never be any legitimate reason to suspect that decisions might be influenced by interests conflicting with the role of the Agency as a body serving the Union as a whole or by private interests or affiliations of any member of the Management Board which would create, or have the potential to create, a conflict with the proper performance of the official duties of the person concerned. The Management Board should therefore adopt and make publicly available comprehensive rules on conflicts of interests, giving due consideration to the recommendations of the European Ombudsman. [Am. 19]

Removed(29) A broader strategic perspective in relation to the activities of the Agency would facilitate the planning and management of its resources in a more effective manner and would contribute to a higher quality of its outputs. That is confirmed and reinforced by Delegated Regulation (EU) 2019/715. Therefore, a single programming document containing the annual and multi-annual work programmes should be adopted and updated periodically by the Management Board, following proper consultation of the relevant stakeholders.

Removed(30) When the Agency is asked to conduct a new task not specifically provided for in its mandate or certain tasks for which a consideration and an analysis of the impact on its resources, in human and budgetary terms, is necessary according to its mandate, the Management Board should include such tasks in the programming document only after such an analysis. That analysis should identify the necessary resources with which the Agency could deliver upon those new tasks and whether the existing tasks of the Agency are negatively affected.

Removed(31) The Agency should be properly resourced to carry out its tasks and granted an autonomous budget. It should be mainly financed by a contribution from the general budget of the Union. The Union budgetary procedure should be applicable to the Union contribution and to any other subsidies chargeable to the general budget of the Union. The auditing of accounts should be undertaken by the Court of Auditors of the Union.

Removed(32) Fees improve the funding of an agency and may be considered for specific services, falling under the scope of its competencies, rendered by the Agency to third countries or the industry. Any fees levied by the Agency should cover its costs for providing the respective services.

Removed(33) In order to ensure uniform conditions for the implementation of this Regulation with regards to fees and charges, implementing powers should be conferred on the Commission in respect of the determination of the fees and charges for the delivery of services. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. [Am. 20]

Removed(33a) In order to specify the methodology for the calculation of those fees and charges, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of … [content and scope]. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 21]

Removed(34) Over the past years, as more decentralised agencies have been created, transparency and control over the management of Union funding allocated to them has improved, in particular as regards the budgetisation of fees, financial control, power of discharge, pension scheme contributions and the internal budgetary procedure (code of conduct). Similarly, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council should apply without restriction to the Agency, which should accede to the Inter-institutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF).

Removed(34a) The proposed increase in EMSA's resources is insufficient given the extent of the proposed increase in the Agency's tasks and the scale of the EU's ambitions for maritime policy. Thus, the amount of the financial resources dedicated to this proposal should be drawn from the unallocated margins under MFF ceilings or mobilised through the non-thematic MFF special instruments. Since the Commission proposal for MFF revision did not reinforce EMSA budget, the increase in appropriations for EMSA cannot be offset by a compensatory reduction of programmed spending under CEF Transport or lead to a reduction of the funding for any other Union programmes. [Am. 22]

Removed(35) Since the objectives of this Regulation, namely to establish a specialised body that can assist the Commission and the Member States in the application and monitoring of the Union legislation in the field of maritime safety, as well as with the evaluation of its effectiveness, cannot be sufficiently achieved by the Member States but can rather, by reason of the cooperation to be done, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Removed(36) It is necessary for the proper functioning of the Agency to implement certain principles regarding the governance of the Agency in order to comply with the Joint Statement and Common Approach agreed by the Inter-Institutional Working Group on EU decentralised agencies in July 2012, the purpose of which is to streamline the activities of agencies and increase their performance.

Removed(37) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

Removed(38) The European Maritime Safety Agency established by Regulation (EC) No 1406/2022 remains the same legal person and will continue all its activities and procedures,

RemovedHAVE ADOPTED THIS REGULATION:

RemovedCHAPTER I SUBJECT MATTER, SCOPE AND OBJECTIVES

RemovedArticle 1 Establishment, subject matter and scope

Removed1. This Regulation provides comprehensive rules on the tasks, functioning and governance of the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 (‘the Agency’).

Removed2. The Agency shall assist the Member States and the Commission in the effective application and implementation of Union law related to maritime transport across the Union. To that end, the Agency shall cooperate with the Member States and the Commission and provide them with technical, operational and scientific assistance within the scope of the Agency’s objectives and tasks set out in Article 2 and Chapters II and III.

Removed3. By providing the assistance referred to in paragraph 2, the Agency shall in particular provide support to the Member States and the Commission to apply the relevant Union legal acts properly while contributing to the overall efficiency of maritime traffic and maritime transport as set out in this Regulation, so as to facilitate the achievement of the Union’s objectives in the maritime transport domain.

Removed4. Any assistance provided by the Agency shall be without prejudice to the rights and responsibilities of the Member States as flag, port or coastal States.

RemovedArticle 2 Objectives of the Agency

Removed1. The objectives of the Agency shall be the promotion and establishment of a high, uniform and effective level of maritime safety aiming towards zeroat the maximum reduction of accidents, maritime security, the reduction of greenhouse gas emissions from ships and the sustainability of the maritime sector as well as the prevention of and response to pollution caused by ships and the response to marine pollution caused by oil and gas installations. [Am. 23]

Removed2. Further objectives of the Agency shall be the promotion of digitalisation of the maritime sector by facilitating the electronic transmission of data supporting simplification, the reduction of the administrative burden and the provision of integrated maritime surveillance and awareness systems and services to the Commission and the Member States. [Am. 24]

RemovedCHAPTER II TASKS OF THE AGENCY

RemovedArticle 3 Horizontal technical support

Removed1. The Agency shall assist the Commission and the Member States: [Am. 25]

Removed(a) in the control of the effective implementation of relevant binding legal acts of the Union, falling under the objectives of the Agency, in particular by carrying-out the visits and inspections as referred to in Article 10. In this regard, the Agency may address suggestions to the Commission for possible improvements;

Removed(b) in the preparatory work for updating and developing relevant legal acts of the Union falling under the objectives of the Agency, in particular in accordance with the development of international law;

Removed(c) in the performance of any other task assigned to the Commission in legislative acts of the Union regarding the objectives of the Agency.

Removed2. The Agency shall work with the Member States to:

Removed(a) organise, where appropriate, relevant capacity building and training activities in fields which fall under the objectives of the Agency and are the responsibility of the Member States. In this regard, the Agency shall establish appropriate capabilities with the aim to develop, implement and coordinate training activities relevant to the objectives of the Agency, including through the development of common core curricula courses, seminars, conferences, workshops as well as web-based, e-learning and other innovative and advanced training tools. The details of such training activities provided outside formal education shall be developed in close consultation with the Member States and the Commission and approved by the Management Board in accordance with Article 17 of this Regulation, while fully respecting Article 166 of the Treaty on the Functioning of the European Union (TFEU);

Removed(b) develop technical solutions, including the provision of relevant operational services, and provide technical assistance, to building up the necessary national capacity for the implementation of relevant legal acts of the Union pertinent to the objectives of the Agency.

Removed3. The Agency shall promote and facilitate cooperation between Member States and between them and the Commission in the implementation of the Union legislation by promoting the exchange and dissemination of experiences and good practices.

Removed4. The Agency shall contribute, at the Commission’s request, or on its own initiative, subject to the approval of the Management Board in accordance with Article 17, to maritime research activities at the Union level consistent with the objectives of the Agency. In this regard, the Agency shall assist the Commission and the Member States in identifying key research themes, without prejudice to other research activities at the Union level, and in analysing ongoing and completed research projects relevant to the objectives of the Agency. Where appropriate, subject to the applicable rules on intellectual property and security considerations, the Agency mayshall disseminate the results of its research and innovation activities, following approval by the Commission, as part of its contribution to creating synergies between the research and innovation activities of other Union bodies and the Member States. [Am. 26]

Removed5. Where required for the implementation of its tasks, the Agency shall undertake studies, involving the Commission and where applicable, through consultation steering groups, the Member States, and where appropriate, the social partners and industry representatives with expertise in the relevant topics.

Removed6. On the basis of the research and studies conducted by the Agency, but also on the basis of the experience gained through its own activities, especially the visits and inspections, and exchange of information and good practices with the Member States and the Commission, the Agency may issue, after prior consultation with the Commission, relevant non-binding recommendations, guidelines or manuals to support and facilitate Member States, and where appropriate the industry, in the implementation of the Union legislation.

RemovedArticle 4 Tasks relating to maritime safety

Removed1. The Agency shall monitor progress on the safety of maritime transport in the Union, conduct risk analysis on the basis of the available data and develop safety risk assessment models to identify safety challenges and risks. Every three years it shall present to the Commission a report on progress on maritime safety with possible technical recommendations that could be addressed at the Union or the international level. In this regard, the Agency shall in particular analyse and propose relevant guidance or recommendations in relation to potential safety risks stemming from the uptake and deployment of sustainable alternative sources of power for ships, including onshore power supply to ships at berth, battery technologies used for propulsion, “zero emission technologies”, as defined in [FuelEU Maritime] or other future technologies on board of ships or in port areas. [Am. 27]

Removed2. The Agency shall assist the Commission and the Member States in the implementation of Directive 2009/21/EC. In particular, the Agency shall develop and maintain the inspection database in accordance with [Article 6a] of that Directive, establish the electronic reporting tool referred to in [Article 9b] of that Directive, maintain the public website referred to in Article 8(2c) and provide to the Commission recommendations on the basis of the data collected.

RemovedThe Agency shall assist the Commission in participating as an observer in the International Maritime Organisation auditing process according to [Article 7] of Directive 2009/21/EC. The Agency shall also develop relevant tools and services assisting the Member States, upon their request, on fulfilling their obligations under Directive 2009/21/EC.

RemovedThe Agency shall also provide a common capacity building scheme for flag State surveyors and flag State inspectors of the Member States, referred to in [Article 4c] of the aforementioned Directive.

Removed3. The Agency shall assist the Commission and the Member States in the development and maintenance of the databases provided for in Articles 24 and 24a of Directive 2009/16/EC. On the basis of the data collected, the Agency shall assist the Commission in the analysis of the relevant information and the publication of information concerning ships and companies with low and very low performance pursuant to Directive 2009/16/EC. [Am. 28]

RemovedThe Agency shall develop relevant tools and services assisting the Member States, upon their request, on fulfilling their obligations under Directive 2009/16/EC.

RemovedThe Agency shall also provide a professional development and training program for port State control inspectors of the Member States, as provided for in [Article 22(7)] of the aforementioned Directive 2009/16/EC.

Removed4. The Agency shall assist the Commission in the development and maintenance of the database provided for in Article 17 of Directive 2009/18/EC. On the basis of the data collected the Agency shall compile a yearly overview of marine casualties and incidents. The Agency shall, if requested by the concernedmay be invited by Member States to provide operational and technical support concerning safety investigations. The Agency shall comply with such requestsand where no conflict of interest arises, provide operational support to these Member States concerning safety investigations for the Agency. The Agency shall also carry out an analysis of safety investigation reports with a view to identify added value at Union level in terms of any relevant lessons to be drawn. [Am. 29]

RemovedThe Agency shall provide a professional development and training program to the competent marine safety accident investigation Authorities.

Removed5. The Agency shall assist the Commission and the Member States in the implementation of Directives 2009/45/EC and 2003/25/EC of the European Parliament and of the Council and Council Directive 98/41/EC. The Agency shall, in particular, develop and maintain a database for recording measures as provided for in Article 9 of Directive 2009/45/EC and Article 9 of Directive 98/41/EC and assist the Commission in the assessment such measures.

Removed6. The Agency shall facilitate the cooperation and the exchange of information between the Commission and the Member States for the assessment of the recognised organisations that carry out survey and certification tasks in accordance with Article 8(1) of Regulation (EC) No 391/2009. In particular, the Agency shall:

Removed(a) provide to the Commission an opinion on its assessment of the recognised organisations under Article 8(1) of Regulation (EC) No 391/2009;

Removed(b) provide to the Member States appropriate information in the context of the inspections conducted to support the Commission’s assessment under Article 8 (1) of Regulation (EC) No 391/2009 in order to support the monitoring and oversight of the recognised organisations according to Article 9 of Directive 2009/15/EC of the European Parliament and of the Council supporting the Member States in the discharge of their Union and international obligations as flag States. In this regard, the Agency shall assist the Commission in the managing of the high level group on flag State matters under [Article 9(1)] of Directive 2009/21/EC;