Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedEXPLANATORY STATEMENT

RemovedHistorical background

RemovedWith growing shipping activities in Europe and in the waters surrounding Europe the risks of accidents have constantly increased leading to the first building blocks of the European maritime safety policy at the beginning of the 1990s.

RemovedIn particular the Erika oil tanker accident (1999) led to the maritime safety package proposals comprising Regulation (EC) No 1406/2002 of the European Parliament and of the Council which established the European Maritime Safety Agency (EMSA), amended five times since then.

RemovedThe amendment in 2013 making a distinction between core and ancillary tasks has now become obsolete. This combined with the need to incorporate and reflect EMSA’s growing new tasks, not reflected in the current mandate, called for a completely new EMSA Regulation to replace the current one.

RemovedObjectives of the proposal

RemovedThis proposal therefore aims to better anchor and reflect the current tasks and objectives of EMSA in its founding Regulation so that it is legally mandated to fulfil those aims, being as of today in the fields of maritime safety, sustainability, decarbonisation, security and cybersecurity, surveillance and assistance in crises management, as well as the digitalisation of the maritime sector. This proposal maintains the tasks that are already reflected in the current mandate of the Agency while reflecting the new tasks and updating the administrative and financial provisions, aligning them with the new framework.

RemovedThe proposed revision also aims to render the EMSA’s founding Regulation future proof by allowing enough flexibility to incorporate new tasks in addressing the evolving needs of the maritime sector and ensuring that EMSA will have adequate human and financial resources to fulfil its role.

RemovedInteraction with other proposals of the Maritime Safety package

RemovedThis initiative is part of the package to modernise EU rules on maritime safety and prevent water pollution from ships. The outcome of the negotiations on the other proposals will strongly affect the final content of the EMSA new founding regulation. This means that many of the new tasks foreseen are deriving from the new provisions contained in the other proposals (port state control, flag state requirements, accident investigation and ship source pollution).

RemovedBudgetary implications

RemovedIn the estimated financial impact of the proposal, attached by the Commission, but not included in the articles proposed, it is written that an additional budget of EUR 50.997 million and 33 additional posts would be needed for the remainder of the period of the current Multiannual Financial Framework (MFF) 2021-2027.

RemovedThe Rapporteur would like to highlight that the Commission mentioned “the tasks allocated to EMSA will require reprogramming of the budget line for the annual contribution to the Agency (02 10 02) under the current multiannual financial framework. The increase in appropriations for EMSA will be offset by a compensatory reduction of programmed spending under CEF Transport”.

RemovedThe Rapporteur would therefore very much appreciate that the growing new tasks undertaken by EMSA thanks to this new financials resources do not jeopardize the projects currently financed through the Connecting Europe Facility (CEF) instrument.

RemovedRapporteur’s position

RemovedGeneral Considerations

RemovedThe Rapporteur acknowledges the pressing need to revisit and update the existing founding Regulation, particularly its competences and organizational rules. It is noted that many tasks mentioned in the proposal, are already being implemented without a clear legal foundation.

RemovedThus, the Rapporteur commends this Proposal for addressing notable maritime developments within the Union. It broadens EMSA's competence in areas such as maritime safety, sustainability, decarbonisation, security, cybersecurity, surveillance, crisis management assistance, and the digital transformation of the maritime ecosystem. These enhancements further solidify a secure and sustainable maritime realm.

RemovedPresentation of rapporteur’s amendments

RemovedThe Rapporteur emphasizes the paramount importance of augmenting flexibility for EMSA. Consequently, the proposition focus on four pivotal elements, designed to fortify EMSA's stature both within the Union and externally. The objective is picturing EMSA as a hub of knowledge and data sharing in line with the Commission priorities.

RemovedThe suggested changes are categorised into four distinct sections: delineated tasks, EMSA's role at the international stage, governance structure, and financial allocations paired with capabilities.

RemovedThe first section of amendments concern tasks assigned to the Agency. The Rapporteur believes that a more pro-active role is needed regarding the modernization of maritime ports, as part of the maritime ecosystem. EMSA's increased involvement in maritime ports management has ushered in a new era of efficiency and safety. Through enhanced cooperation with port authorities, EMSA helps establish and maintaining high safety standards, support decarbonisation and sustainability and facilitate smoother vessels operations. This proactive approach strengthens Europe's position as a global trade hub. This includes, among others, monitoring and reporting on the impacts of EU ETS and FuelEU, supporting ports knowledge on safety-related risks on bunkering and storage on uptaking sustainable alternative fuels and on the use of new technologies

RemovedOn maritime accident investigation, EMSA should lead a common framework to reduce the burden for Member States and eliminate current disparities on accident reporting and monitoring. This proactive stance helps protect both lives and the environment.

RemovedEMSA embraces cutting-edge technologies to enhance maritime safety. This includes the use of advanced monitoring systems, satellite technology, and data analytics to track vessel movements and identify potential risks and potential emergencies. These tools should be in use for Member States in any case and without the request of the latter. These innovations enable quicker responses to emergencies and more efficient resource allocation.

RemovedThe second point is related with EMSA role at international level. This role strengthens European influence and cooperation in the global maritime arena. The agency already collaborates with international organizations and partners, fostering a safer and more harmonized maritime environment worldwide. Therefore, it should have a permanent voice in IMO.

RemovedThe current geopolitical context demonstrates that the Agency has also a strategic role in providing maritime situational awareness on several occasions. As a result, EMSA is providing assistance to the implementation of sanctions against Russia and to the United Nations bodies on the “grain corridors“. This is an example that EMSA can also have a more pro-active role whenever needed on maritime awareness.

RemovedThe third point concerns Agency governance. The rapporteur considers crucial strengthening relations between the Agency and the European Parliament, as mentioned on the joint statement on decentralised agencies. Therefore, rapporteur proposes to involve the European Parliament in the appointment of the Executive director, appointing a European Parliament representative for the management board and be consulted on the multi-annual programme. The rapporteur considers these proposals a positive step toward enhancing transparency, accountability and alignment with interest of the Union´s citizens.

RemovedEnsuring that fees charged by EMSA are proportional is crucial to maintain fairness and affordability for all stakeholders. Proportional fees mean that the cost of EMSA's services should correspond to the size, type, or impact of the maritime activities involved. This approach promotes equity and encourages responsible maritime practices. EMSA can better align its activities with the broader European Union objectives and ensure that its services are both effective and accessible to all maritime stakeholders.

RemovedThe last point the rapporteur would like to mention is the agency financial resources and capabilities. The new competences assigned should always be accompanied with adequate resources. Further, commitment is needed from the European Commission and Member States to guarantee proper financial and human resources.

RemovedTo conclude, EMSA's proposal should represent a comprehensive effort to elevate maritime safety, security, and sustainability in Europe and beyond. These developments reflect EMSA's dedication to safeguarding our seas and ensuring the continued growth of the maritime industry in an environmentally responsible manner.