Changes from adopted text to adopted text

Removed6. Where appropriate, and in any case when a cycle of visits or inspections is concluded, the Agency shall analyse reports from that cycle with a view to identifying horizontal findings and general conclusions on the effectiveness and cost-efficiency of the measures in place. The Agency shall present this analysis to the Commission for further discussion with Member States in order to draw any relevant lessons and facilitate the dissemination of good working practices, in particular as regards the implementation of Union law. [Am. 46]

RemovedCHAPTER III OTHER TASKS OF THE AGENCY REGARDING INTERNATIONAL RELATIONS AND EUROPEAN COAST GUARD COOPERATION

RemovedArticle 11 International relations

Removed1. The Agency shall provide technical assistance necessary for the Member States and the Commission, upon their request, to contribute to the relevant work of the technical bodies of the IMO, where EMSA should, within the Commission delegation, participate in and attend the discussions, the International Labour Organisation as far as shipping is concerned, and the Paris Memorandumrelevant Memoranda of Understanding on Port State Control (‘Paris MoU’) and relevant regional organisations to which the Union has acceded, with regard to matters of Union competence. [Am. 47]

RemovedFor the purpose of carrying out these tasks in an efficient and effective manner, the Executive Director may decide to locate staff in Union delegations in third countries subject to the appropriate agreements with the European External Action Service. That decision requires the prior consent of the Commission and of the Management Board. That decision shall specify the scope of the activities to be carried out by the located staff in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.

Removed2. The Agency may, upon the request ofin consultation with the Commission, provide technical assistance, including the organisation of relevant training activities, as regards relevant legal acts of the Union, to States applying for accession to the Union, and, where applicable, to European Neighbourhood partner countries and to countries taking part in the Paris MoU. [Am. 48]

Removed3. The Agency may, upon the request ofin consultation with the Commission or the European External Action Service, or both, provide assistance in case of pollution caused by ships as well as marine pollution caused by oil and gas installations affecting third countries sharing a regional sea basin with the Union. The Agency shall provide the assistance in line with the Union Civil Protection Mechanism established by Decision No 1313/2013/EU, and with the conditions applicable to Member States as referred to in Article 5(1) of this Regulation applied by analogy to the third countries. Those tasks shall be coordinated with the existing regional cooperation arrangements related to marine pollution. [Am. 49]

Removed4. Without prejudice to Article 24, the Agency may provide, upon the request ofin consultation with the Commission, technical assistance to third countries for matters falling under its competence. [Am. 50]

Removed5. The Agency may enter into administrative arrangements and cooperation with other Union bodies working in the matters falling within the scope of the Agency’s competence following the approval of the Commission. Such arrangements and cooperation shall be subject to the opinion of the Commission and periodical reporting to it. [Am. 51]

Removed6. The Management Board shall adopt a strategy for international relations of the Agency concerning matters under its competence. That strategy shall be in line with the Commission’s political priorities and shall aim at assisting the Commission and the European External Action Service in fulfilling suchthe Union's priorities. It shall be included in the programming document of the Agency, with a specification of associated resources. [Am. 52]

RemovedArticle 12 European cooperation on coast guard functions

Removed1. The Agency shall, in cooperation with the European Border and Coast Guard Agency, established by Regulation (EU) 2019/1896, and the European Fisheries Control Agency, established by Regulation (EU) 2019/473, each within their mandate, support national authorities carrying out coast guard functions at national and Union level and, where appropriate, at international level by:

Removed(a) sharing, fusing and analysing information available in ship reporting systems and other information systems hosted by or accessible to those agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;

Removed(b) providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform;

Removed(c) building capacity by drawing up guidelines and recommendations and by establishing best practices as well as by providing training and exchange of staff;

Removed(d) enhancing the exchange of information and cooperation on coast guard functions including by analysing operational challenges and emerging risks in the maritime domain including by using digital simulation tools to study the effect of accidents; [Am. 53]

Removed(e) sharing capacity by planning and implementing multipurpose operations and by sharing assets and other capabilities, to the extent that these activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned;

Removed(ea) sharing the relevant research, developments and technologies, including artificial intelligence, in a collaborative and flexible way, to find solutions to the challenges faced in the different areas; [Am. 54]

Removed(eb) increasing the cooperation in order to collect data for marine scientific research purpose on marine ecosystems, physical oceanography, marine chemistry, marine biology, fisheries, scientific ocean drilling and coring, geological and geophysical research, and other activities; [Am. 55]

Removed(ec) implementing cooperation projects with third countries to improve maritime safety, pollution prevention by ships, maritime security and preservation of the marine environment. [Am. 56]

Removed2. Without prejudice to the powers of the Management Board of the Agency set out in Article 15, the precise forms of cooperation on coast guard functions between the Agency, the European Border and Coast Guard Agency and the European Fisheries Control Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to those agencies. Such an arrangement shall be approved by the management Board of the Agency, the Administrative Board of the European Fisheries Control Agency and the management board of the European Border and Coast Guard Agency.

Removed3. The Commission shall, in close cooperation with the Member States, the Agency, the European Border and Coast Guard Agency and the European Fisheries Control Agency, make available a practical handbook on European cooperation on coast guard functions. That handbook shall contain guidelines, recommendations and best practices for the exchange of information. The Commission shall adopt the handbook in the form of a recommendation.

Removed4. The tasks set out in this Article shall not be detrimental to the Agency's tasks referred to in Articles 4 to 12 and shall not infringe upon Member States' rights and obligations, in particular as flag States, port States or coastal States.

RemovedArticle 13 Communication and dissemination

RemovedThe Agency may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the rest of the tasks referred to in the Articles 4 to 13 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board. Those plans, based on an analysis of needs, shall be regularly updated by the Management Board.

RemovedCHAPTER IV ORGANISATION OF THE AGENCY

RemovedArticle 14 Administrative and management structure

RemovedThe Agency's administrative and management structure shall comprise:

Removed(a) a Management Board, which shall exercise the functions set out in Article 16;

Removed(b) an Executive Board, which shall exercise the functions set out in Article 21;

Removed(c) an Executive Director, who shall exercise the duties set out in Article 23.

RemovedArticle 15 Composition of the Management Board

Removed1. The Management Board shall be composed of one representative of each Member State and four representatives of the Commission, all with voting rights.

RemovedThe Management Board shall also include as well as of four professionals from the sectors most concerned, as referred to in Article 2, appointed by the Commission, without the right to vote. [Am. 57]

RemovedThe Management Board shall also include two representatives of the European Parliament, acting as observers, without voting rights. [Am. 58]

RemovedAll Management Board members shall be appointed on the basis of their degree of relevant experience and expertise in the areas referred to in Article 2. The Member States and the Commission shall each strive for a balanced representation between men and women on the Management Board. One of the four professionals shall be a representative of the Permanent Cooperation Framework of accident investigation bodies in accordance with Article 10 of Directive 2009/18/EC.

Removed2. Each Member State, the European Parliament and the Commission shall appoint their members of the Management Board as well as an alternate who will represent the member in his or her absence. [Am. 59]

Removed3. The duration of the term of office shall be four years. The term of office may be renewed.

Removed4. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests. The Agency shall publish the statements and updates on its website.

RemovedArticle 16 Functions of the Management Board

Removed1. In order to ensure that the Agency carries out its tasks, the Management Board shall:

Removed(a) give the general and strategic orientations for the Agency's activities;

Removed(b) adopt each year, by a two-thirds majority of its members with voting rights, after having received the opinion of the Commission and in accordance with Article 17, the single programming document of the Agency;

Removed(c) adopt, by a two-thirds majority of its members with voting rights, the annual budget and the staff establishment plan of the Agency and exercise other functions in respect of the Agency's budget pursuant to Chapter VI;

Removed(d) adopt, by a two-thirds majority of its members with voting rights, the consolidated annual activity report on the Agency’s activities and forward it each year by 1 July to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States. The report shall be made public;

Removed(e) adopt the financial rules applicable to the Agency in accordance with Article 25;

Removed(f) deliver an opinion on the Agency's final accounts ;

Removed(g) establish the methodology for the visits to be carried out pursuant to Article 10. In the event that the Commission expresses, within 15 days from the date of adoption of the methodology, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States; [Am. 60]

Removed(h) consider and approve administrative arrangements, as referred to in Article 11 (5);

Removed(i) adopt an anti-fraud strategy, proportionate to fraud risks taking into account the costs and benefits of the measures to be implemented;

Removed(j) adopt and make publicly available the rules for the prevention and management of conflicts of interest in respect of its members and publish annually on its website the declaration of interests of the Management Board members; [Am. 61]

Removed(k) adopt and regularly update the communication and dissemination plans referred to in Article 13, based on an analysis of needs;

Removed(l) adopt and make publicly available its rules of procedure; [Am. 62]

Removed(m) appoint the members of the Executive Board, by a two-third majority of its members with voting rights, in accordance with Article 21;

Removed(n) adopt a mandate for the tasks of the Executive Board referred to in Article 21;

Removed(o) in accordance with paragraph 2, 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;

Removed(p) adopt implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 (2) of the Staff Regulations;

Removed(q) appoint, provide guidance and monitor the performance of the Executive Director and where relevant extend his or her term of office or remove him or her from office in accordance with Article 22;

Removed(r) establish procedures for decision-making by the Executive Director;

Removed(s) if appropriate, 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;