Changes from report parliamentary committee draft to report parliamentary committee draft

AddedSHORT JUSTIFICATION

RemovedThe importance of mentioning the entire maritime ecosystem.

AddedThe Council position at first reading reflects the political agreement reached between the Parliament and the Council during interinstitutional negotiations at early second-reading stage.

RemovedRecital 11: (11) In addition to the specific tasks, the Agency should provide horizontal, technical support, upon request by the Commission or the Member States, for the implementation of any task that falls under the remit of its competences and objectives, stemming from future needs and developments at the Union level under the remits of maritime legislation. Such additional tasks shall be subjected to a consideration of the available human and financial resources, which the Management Board of the Agency should take into account before deciding to include them in the Single Programming Document of the Agency as part of its annual or multiannual work program. Therefore, new additional tasks should be accompanied with a legislative financial statement presented to the legislative and budgetary authorities. This is necessary to ensure that certain tasks which constitute the core of the Agency could be prioritised if needed.

AddedThe adopted provisions aim to update the mandate of the European Maritime Safety Agency (EMSA) by better reflecting its new tasks regarding maritime safety in the new geopolitical context, sustainability and decarbonisation, as well as trainings. The provisions also ensure a balanced approach toward the governance rules of the Agency

RemovedThe importance of having a legislative financial statement whenever new tasks are assigned.

AddedThe agreed text is the result of long and extensive negotiations. The co-legislators have reached a balanced compromise on the revision of the founding regulation of the Agency, ensuring that it reflects current needs and realities.

RemovedRecital 13: (13) This technical expertise of the Agency should be further cultivated by conducting research in the maritime field and contributing to the relevant Union’s activities in the area. The Agency should contribute with a proactive approach to the objectives of enhancing maritime safety, security, decarbonisation of shipping and maritime ports and prevention of pollution by ships. In this regard, the Agency could issue relevant non-binding guidance, recommendations or manuals that could assist the Commission, the Member States and/or the maritime industry in attaining these objectives.

RemovedThe importance of mentioning the entire maritime ecosystem.

RemovedRecital 14: (14) As regards maritime safety, the Agency should develop a proactive approach in determining safety risks and challenges on the basis of which it should present to the Commission every three years a report on the progress on maritime safety. Moreover, the Agency should continue assisting the Commission and the Member States in the implementation of the relevant Union legislation, especially in the areas of flag and port State obligations, directly supporting accident investigation of marine accidents, the passenger ship safety legislation, Recognised Organisations and marine equipment. Finally, the Agency should have a proactive role in assisting the deployment of maritime autonomous and automated surface ships while also it is important to collect further data in the area of the training and certification for seafarers and the Maritime Labour Convention (MLC, 2006).

RemovedThere should be a European framework on accidents investigations to reduce current disparities across Member States.

RemovedRecital 16: (16) In the area of decarbonisation of the shipping sector, efforts to limit global maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, including the rapid implementation of the initial IMO Strategy on Reduction of Greenhouse Gas Emissions from Ships, adopted in 2018. Discussions are ongoing on the means to implement in practice such ambition. Those discussions cover the possibility of revising the initial strategy, and offer the opportunity to reflect on the Union´s ambitions at international level and the importance of securing a global level playing field that would result in the strengthening of EU maritime competitiveness. At the Union level, a set of policies and legislative proposals to support the decarbonisation and further promote the sustainability of the maritime sector has been developed, as reflected in particular in the European Green Deal, the Sustainable and Smart Mobility Strategy, the “Fit for 55” package and the Zero Pollution Strategy. As a result, the need to reduce greenhouse gas emissions from the maritime sector should be reflected in the mandate of the Agency.

RemovedInternational role of EMSA due to its expertise.

RemovedRecital 17: (17) In this regard, while the Agency should continue assisting the Commission and the Member States in the implementation of Regulation (EU) 2015/757 of the European Parliament and of the Council25 it should further assist in the implementation of the new regulatory measures to decarbonise the shipping sector, as stemming from the Fit for 55 legislative package, such as the Regulation [..] on the use of renewable and low-carbon fuels in maritime transport and the shipping-related elements of Directive 2003/87/EC of the European Parliament and of the Council26 establishing a scheme for greenhouse gas emission allowance trading within the Community. This includes monitoring and reporting on the impacts of EU ETS Maritime and FuelEU Maritime on port traffic, port evasion and traffic shift to transhipment ports in third countries, at the detriment of EU ports. The Agency should continue to be at the forefront of expertise at Union level to assist in the transition of the sector into renewable and low carbon fuels by conducting research and providing guidance on the uptake and deployment of sustainable alternative sources of power for ships, including onshore power supply to ships and in relation to the deployment of energy efficiency and wind-assisted propulsion solutions, as well as new greenhouse gas abatement technologies, such as onboard carbon capture. Furthermore, it should also share its expertise related with ports safety-related risks, bunkering and storage on uptaking …

RemovedEMSA role on supporting the implementation of FuelEU Maritime1 and Extension of the ETS to maritime transport.

RemovedRecital 18: (18) In the area of maritime security, the Agency should continue to provide technical assistance to the Commission inspections in the framework of Regulation 725/2004 of the European Parliament and of the Council27 on enhancing ship and port facility security. Given that the number of cybersecurity incidents in the maritime sector has gone up significantly in recent years, the Agency should assist Union efforts to enhance 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.

RemovedThe importance of MS´s preparedness regarding cybersecurity incidents.

RemovedRecital 19: (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 Council28 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 and 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.

RemovedEMSA provides assistance to the implementation of sanctions against Russia and to the United Nations bodies on the “grain corridors”.

RemovedRecital 22: (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.

RemovedThe role of EMSA within IMO must be reinforced.

RemovedRecital 25: (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.

RemovedIt is important to strengthen the relations between the European Parliament and the Agency.

RemovedRecital 27: (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.

RemovedThe fees imposed to the maritime stakeholders should be proportional.

RemovedArticle 2 – paragraph 1: 1. The objectives of the Agency shall be the promotion and establishment of a high, uniform and effective level of maritime safety aiming at 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.

RemovedThe objectives of the Agency have to be tangible.

RemovedArticle 4 – paragraph 1: 1. 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 and battery technologies used for propulsion, or as “zero emission technologies”, as defined in [FuelEU Maritime].

RemovedTerminology used in the FuelEU Maritime Regulation.

RemovedArticle 4 – paragraph 4 – subparagraph 1: 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 be invited by Member States, where no conflict of interest arises, to provide operational support concerning safety investigations. 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.

RemovedThere should be a European framework on accidents investigations to reduce current disparities across Member States.

RemovedArticle 6 – paragraph 1: 1. The Agency shall monitor progress on the operational and technical measures undertaken to increase the energy efficiency of ships and ports and the deployment of sustainable alternative fuels, energy and power systems for ships, including onshore power supply and wind-assisted propulsion and onboard carbon capture, to reduce greenhouse gas emissions from ships.

RemovedTerminology used in the FuelEU Maritime Regulation.

RemovedArticle 6 – paragraph 2: 2. The Agency shall provide technical assistance to the Commission and the Member States, upon their request, in relation to regulatory efforts to reduce greenhouse gas emissions from ships and ports. In this regard, the Agency may utilize any operational tools or services pertinent to the task. The Agency shall in particular research, analyse and propose relevant guidance or recommendations in relation to the uptake and deployment of sustainable alternative fuels, energy and power systems for ships, including onshore power supply and wind-assisted propulsion and onboard carbon capture as well as in relation to energy efficiency measures.

RemovedTerminology used in the FuelEU Maritime Regulation.

RemovedArticle 7 – paragraph 2: 2. The Agency shall assist the Commission and the Member States, together with any other relevant Union body, in developing resilience against cybersecurity incidents in the maritime sector in particular by providing guidelines, facilitating the exchange of best practices and information on cyber security incidents between the Member States.

RemovedArticle 8 – paragraph 1: 1. The Agency shall provide to the Commission and the Member States, upon their request, maritime surveillance and communication services based on state-of-the-art, including space-based and ground infrastructure and sensors mounted on any kind of platform, improving maritime situational awareness, including with regard to new geopolitical challenges, such as Russia’s war of aggression against Ukraine and the related security threats to specific Member States and to the Union as a whole.

RemovedEMSA provides assistance to the implementation of sanctions against Russia and to the United Nations bodies on the “grain corridors”

RemovedArticle 8 – paragraph 4 – subparagraph 1 – introductory part: The Agency shall operate a center available 24 hours a day and 7 days a week providing, without prejudice to national and Union law, to the Commission, the competent national authorities, without prejudice to their rights and responsibilities as flag, coastal and port States, and to relevant Union bodies, within their mandate, maritime situational awareness and analytical data, as appropriate, supporting them in:

RemovedArticle 11 – paragraph 1 – subparagraph 1: 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 relevant Memoranda of Understanding on Port State Control and relevant regional organisations to which the Union has acceded, with regard to matters of Union competence.

RemovedArticle 15 – paragraph 1 – subparagraph 2 a (new): The Management Board shall also include two representatives of the European Parliament, with a role as observer, without voting rights.

RemovedIt is important to strengthen the relations between the European Parliament and the Agency.

RemovedArticle 17 – paragraph 1 – subparagraph 1: By 30 November each year the Management Board shall adopt a single programming document containing multi-annual and annual programming, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and, in relation to multi-annual programming, after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission.

RemovedIt is important to strengthen the relations between the European Parliament and the Agency.

RemovedArticle 22 – paragraph 1: 1. The Executive Director shall be appointed by the Management Board on the basis of merit and proven competence and experience relevant to the maritime sector from a list of candidates proposed by the Commission following an open and transparent selection procedure which shall respect the principle of gender balance.

RemovedExperience about maritime industry should be a criteria for the appointment.

RemovedArticle 22 – paragraph 1 a (new): 1a. Before appointment, the candidate selected by the Management Board shall be invited to make a statement to the competent committee of the European Parliament and to answer questions put by its members.

RemovedIt is important to strengthen the relations between the European Parliament and the Agency.

RemovedArticle 32 – paragraph 5: 5. 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 centers 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.

RemovedIt is important to strengthen the relations between the European Parliament and the Agency.