Changes from report parliamentary committee draft to plenary report

AddedArticle 11 – paragraph 4: 4. Without prejudice to Article 24, the Agency may provide, in consultation with the Commission, technical assistance to third countries for matters falling under its competence.

AddedArticle 11 – paragraph 5: 5. 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. Such arrangements and cooperation shall be subject to the opinion of the Commission and periodical reporting to it.

AddedArticle 11 – paragraph 6: 6. The Management Board shall adopt a strategy for international relations of the Agency concerning matters under its competence. That strategy shall aim at assisting the Commission and the European External Action Service in fulfilling the Union's priorities. It shall be included in the programming document of the Agency, with a specification of associated resources.

AddedArticle 12 – paragraph 1 – point d: (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;

AddedArticle 12 – paragraph 1 – point e a (new): (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;

AddedArticle 12 – paragraph 1 – point e b (new): (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;

AddedArticle 12 – paragraph 1 – point e c (new): (ec) implementing cooperation projects with third countries to improve maritime safety, pollution prevention by ships, maritime security and preservation of the marine environment;

AddedArticle 15 – paragraph 1 – subparagraph 2: The Management Board shall also include four professionals from the sectors most concerned, as referred to in Article 2, appointed by the Commission, without the right to vote.

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

AddedArticle 15 – paragraph 2: 2. 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.

AddedArticle 16 – paragraph 1 – point g: (g) establish the methodology for the visits to be carried out pursuant to Article 10;

AddedArticle 16 – paragraph 1 – point j: (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;

AddedArticle 16 – paragraph 1 – point l: (l) adopt and make publicly available its rules of procedure;

AddedArticle 16 – paragraph 1 – point u: (u) take all decisions on the establishment of the Agency's internal structures, including the set-up of advisory or working groups and, where necessary, their modification taking into consideration the Agency's activity needs and having regard to sound budgetary management;

AddedArticle 16 – paragraph 1 – point v: (v) decide on the services that the Agency may offer against fees and charges and adopt a framework model for the financial apportionment of the fees and charges payable as referred to in Article 26 (3), point (c);

AddedArticle 16 – paragraph 1 – point x: (x) adopt a strategy for cooperation with third countries or international organisations, or both, referred to in Article 11 (6);

AddedArticle 17 – paragraph 1 – subparagraph 1: By 30 November each year the Management Board shall adopt a single programming document containing multiannual 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 multiannual programming after consulting the European Parliament. If the Management Board decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification. The obligation to provide a thorough justification shall also apply to the elements raised by the European Parliament during the consultation. The management board shall forward the single programming document to the European Parliament, the Council and the Commission by 31 January of the following year.

AddedArticle 17 – paragraph 1 – subparagraph 2: deleted

AddedArticle 19 – paragraph 3: 3. The Management Board shall hold an ordinary meeting twice a year. In addition, it shall meet on the initiative of the Chairperson or at the request of the Commission or of one-third of its members.

AddedArticle 20 – paragraph 2: deleted

AddedArticle 20 – paragraph 3: 3. Each member with voting rights shall have one vote. The Executive Director of the Agency shall not vote.

AddedArticle 21 – paragraph 2 – point a a (new): (aa) decide on those matters provided for in the financial rules adopted pursuant to Article 25 that are not reserved to the Management Board by this Regulation;

AddedArticle 21 – paragraph 4: 4. The Executive Board shall be composed of the Chairperson and the deputy Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members with the right to vote. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The Executive board may invite other observers to attend its meetings.

AddedArticle 21 – paragraph 6 a (new): 6a. The Executive Board shall take its decisions by consensus. If the Executive Board is not in a position to take a decision by consensus, the matter shall be referred to the Management Board.

AddedArticle 22 – paragraph 1: 1. The Executive Director shall be appointed by the Management Board on the basis of merit, skills, expertise 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.

AddedArticle 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 posed by its members.

AddedArticle 22 – paragraph 4: 4. The Management Board, acting on a proposal from the Commission, taking into account the assessment referred to in paragraph 3, may extend once the term of office of the Executive Director, for not more than five years. The Management Board shall inform the European Parliament and the Council about its intention to extend the Executive Director’s mandate. Before the Management Board takes a decision to extend the mandate, the Executive Director may be invited to make a statement to the competent committee of the European Parliament and to answer questions posed by its members.

AddedArticle 22 – paragraph 6: 6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. The European Parliament and the Council shall be informed in a manner that complies with the applicable confidentiality requirements, about the reasons for such a decision.

AddedArticle 22 – paragraph 6 a (new): 6a. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members with voting rights.

AddedArticle 23 – paragraph 4: 4. The Executive Director shall be the legal representative of the Agency. Therefore, the Executive Director shall:

AddedArticle 23 – paragraph 4 – point a (new): (a) provide for technical assistance and expertise to the Commission and the Member States in the context of the IMO;

AddedArticle 23 – paragraph 4 – point b (new): (b) be accountable to the Management Board of the Agency, when taking politically sensitive decisions in the interest of the Union;

AddedArticle 23 – paragraph 5 – point a: (a) ensure the day-to-day administration of the Agency;

AddedArticle 26 – paragraph 3 – point c: (c) any fees and charges for infrastructure, publications, training or any other services falling under the scope of this Regulation provided by the Agency in accordance with the delegated acts and implementing acts referred to in Article 33;

AddedArticle 27 – paragraph 8: 8. The Agency's budget shall be adopted by the Management Board by a majority of two-thirds of members entitled to vote . It shall become final following final adoption of the general budget of the European Union. Where necessary, it shall be adjusted accordingly.

AddedArticle 32 – paragraph 4 a (new): 4a. 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.

AddedArticle 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.

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

AddedArticle 33 – title: Fees and charges

AddedArticle 33 – paragraph 1: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 33 – paragraph 4 a (new): 4a. 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 in paragraph 2. That methodology shall be based on the principles laid down in paragraphs 3 and 4.

AddedArticle 33 – paragraph 4 b (new): 4b. 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).

AddedArticle 33 a (new): Article 33a / Exercise of the delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. 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 … / 3. 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. / 4. 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. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. / 6. 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 ex…

AddedArticle 38 – paragraph 1: 1. 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.

AddedArticle 38 – paragraph 3: 3. 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.

AddedArticle 41 – paragraph 1: 1. 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, 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.