(1)

Regulation (EC) No 1406/2002 of the European Parliament and of the Council (3) , which was adopted after the ‘Erika’ oil tanker disaster and the devastating oil pollution it caused, established a European Maritime Safety Agency (hereinafter the Agency) for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships. [Am. 1]

(1a)

After the ‘Prestige’ oil tanker disaster in 2002, Regulation (EC) No 1406/2002 was amended to give the Agency more power with regard to combating pollution. [Am. 2]

(2)

In accordance with Article 22 of Regulation (EC) No 1406/2002, the Administrative Board of the Agency commissioned an independent external evaluation on the implementation of that Regulation in 2007. Based on this evaluation, it issued recommendations regarding changes to Regulation (EC) No 1406/2002, to the Agency , its areas of competence and its working practices in June 2008. [Am. 3]

(3)

Based on the findings of the external evaluation, the recommendations by the Administrative Board and the multi-annual strategy it adopted in March 2010 , some provisions of Regulation (EC) No 1406/2002 should be clarified and updated. Furthermore While focusing on its priority tasks in the area of maritime safety , the Agency should receive a number of additional tasks reflecting the development of maritime safety policy at Union and international level. Given the budget constraints facing the Union, considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency. This should allow one third of additional and to avoid any overlapping. Staffing needs for the new tasks to should be covered as far as possible through internal redeployment by the Agency. [Am. 4]

(3a)

This redeployment needs to be coordinated with agencies in the Member States. [Am. 5]

(3b)

The Agency has already demonstrated that certain tasks, such as satellite monitoring systems, can be more efficiently undertaken at the European level. Where these systems can be applied to support other policy objectives, this offers Member States savings on their national budgets and represents genuine European added value. [Am. 6]

(3c)

In order to fulfil properly the new tasks entrusted to the Agency under this Regulation, an increase – albeit a limited one – in its resources is needed. This will require special attention during the budgetary procedure. [Am. 7]

(4)

Some provisions regarding the specific governance of the Agency should be clarified. Taking into account the special responsibility of the Commission for the implementation of Union policies enshrined in the Treaty on Functionning of the European Union (hereinafter TFEU), the Commission should provide policy guidance to the Agency in the performance of its tasks while fully respecting the legal status of the Agency and the independence of its Executive Director as established by Regulation (EC) No 1406/2002.

(4a)

Appointments to the Administrative Board should take full account of the importance of ensuring balanced gender representation. The election of the Chair and Vice Chair should also pursue this objective as should the choice of representatives from third countries. [Am. 8]

(5)

The Agency should act in the interest of the Union and follow Commission guidelines . This should include that the Agency may act outside the territory of the Union in its fields of competence , promoting the Union's maritime safety policy by means of scientific and technical cooperation with third countries . [Am. 9]

(5a)

The Agency should bring additional, cost-effective measures to support the response to marine pollution, including any pollution from offshore oil and gas installations, at the request of a Member State. In the event of marine pollution in a non-member State, the request should be made by the Commission. [Am. 10]

(6)

The Agency should enhance its assistance to the Commission and the Member States regarding research activities related to its field of competences. However, double work with the existing Union research framework should be avoided. In particular, the Agency should not be in charge of the management of research projects. In extending the Agency’s tasks, attention should be paid to ensuring that the tasks are described clearly and precisely, and that there is no duplication and that any confusion is avoided. [Am. 11]

(6a)

In the light of the development of new innovative applications and services and the improvement of the existing applications and services and with a view to implementing a barrier-free European maritime area, the Agency should make full use of the potential offered by the EGNOS, Galileo and GMES programmes. [Am. 12]

(7)

After the expiry of the Union framework for cooperation in the field of accidental or deliberate marine pollution set up by Decision No 2850/2000/EC of the European Parliament and of the Council (4), the Agency should continue some of the activities previously carried out under the expired framework by drawing in particular on the expertise within the Consultative Technical Group for marine pollution preparedness and response.

(7a)

The Agency provides Member States with detailed information about cases of pollution by ships to enable them to fulfil their responsibilities under Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences (5). However the effectiveness of enforcement and the penalties vary greatly despite such pollution having the potential to end up in other national waters. [Am. 13]

(8)

Recent events highlighted the risks of offshore oil and gas exploration and production activities to maritime transport and the marine environment. The use of the Agency's response capabilities should be explicitly extended to cover response to pollution originating from such activities. In addition, the Agency should assist the Commission in analysing the safety of mobile offshore gas and oil installations, in order to identify possible weaknesses, basing its contribution on the expertise it has developed with regard to maritime safety, maritime security, the prevention of pollution caused by ships and response to marine pollution. This additional role, which offers European added value by making use of the Agency's existing knowledge and expertise, should be accompanied by appropriate financial and staff resources. [Am. 14]

(8a)

In particular, the Agency’s CleanSeaNet system, which is currently used to provide photographic evidence of oil spills from ships, should also be used to detect and report oil spills from coastal and offshore installations. [Am. 15]

(8b)

With a view to achieving the internal market, short-distance maritime transport should be used as much as possible and the administrative burden on shipping should be reduced. The ‘Blue Belt’ project will help to reduce the reporting formalities required from commercial shipping on entering or leaving ports in Member States. [Am. 16]

(9)

The Union has established a comprehensive maritime transport strategy up to 2018, which includes the e-maritime concept. Furthermore, it is developing an Union's maritime surveillance network. The Agency has maritime systems and applications available which are of interest for the realisation of these policies and, in particular, for the ‘Blue Belt’ project . Therefore the Agency should make the systems and the data available to interested partners. [Am. 17]

(9a)

In order to contribute to the establishment of a ‘Single European Sea’ and to help prevent and combat marine pollution, synergies should be created between authorities, including coastguard services. [Am. 18]

(9b)

The Agency should assist the Commission and Member States in developing and implementing the Union’s ‘e-maritime’ initiative, which is designed to improve the efficiency of the maritime sector through better use of information technologies, without prejudice to the areas of responsibility of the competent authorities. [Am. 19]

(9c)

In view of the importance of Europe continuing to attract new seafarers of high quality to replace the generation that is retiring, the Agency should support Member States and the Commission in promoting maritime training. In particular it should work to share best practice and facilitate exchanges between maritime training institutions based on the Erasmus model. [Am. 20]

(10)

The Agency has established itself as the authoritative provider of maritime traffic data at Union level which are of interest and relevance in other Union's activities. Through its activities, in particular regarding port State control, the monitoring of maritime traffic and shipping routes as well as assistance for tracking possible polluters, the Agency should contribute to reinforce synergies at Union level regarding certain coastguard operations designed to prevent and combat marine pollution, thus encouraging the exchange of information and best practice among the various coastguard services . In addition, the Agency's data monitoring and collection should also gather basic information for example on piracy and on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and , production and transport . [Am. 21]

(10a)

In order to counter the growing risk of piracy in the Gulf of Aden and the Western Indian Ocean, the Agency must forward to the EU Naval Force operation Atalanta detailed information about the position of EU-flag vessels transiting through these areas, which are classified as very dangerous. Hitherto, not all Member States have given permission for such activity. This Regulation should compel them to do so, in order to enhance the role of the Agency in combating piracy. [Am. 22]

(11)

The Agency's systems, applications, expertise and data are also of relevance of contributing to the objective of achieving good environmental status of marine waters in accordance with Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (6), especially with its shipping related elements such as ballast water, marine litter and underwater noise.

(11a)

In the area of port state control, the Union is working closely with the Paris Memorandum of Understanding on Port State Control. In order to maximise efficiency, the Agency and the Secretariat of the Paris Memorandum of Understanding on Port State Control should cooperate as closely as possible, while the Commission and Member States should examine all options for further efficiency gains. [Am. 23]

(11b)

The Agency's expertise in the areas of pollution and accident response in the marine environment would also be valuable in the development of guidance on the licensing of oil and gas exploration and production. The Agency should therefore assist the Commission and Member States in this task. [Am. 24]

(12)

The Agency carries out inspections in order to assist the Commission in the assessment of the effective implementation of Union law. The roles of the Agency, the Commission, the Member States and the Administrative Board should be clearly defined.

(13)

The Commission and the Agency should cooperate closely in to prepare as urgently as possible the preparation of the operational working methods of the Agency regarding inspections. As long as the measures concerning those working methods have not entered into force, the Agency should follow the existing practice for the conduct of the inspections. [Am. 25]

(14)

In order to adopt the requirements for the operational working methods of the Agency for conducting inspections should be adopted by in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7) the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission . [Am. 26]

(14a)

All these measures, and the Agency’s contribution to coordination between the Member States and the Commission, should be directed towards the development of a genuine European Maritime Area. [Am. 27]

(14b)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (8) (Financial Regulation), and in particular Article 185 thereof, and the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (9), and in particular point 47 thereof, should be taken into account. [Am. 28]

(15)

Regulation (EC) No 1406/2002 should therefore be amended accordingly,

(1)

Articles 1 to 3 shall be replaced by the following:

‘Article 1

Objectives

1.   This Regulation establishes a European Maritime Safety Agency (‘the Agency’). The Agency shall act in the interest of the Union.

2.   The Agency shall provide the Member States and the Commission with the technical and scientific assistance needed and with a high level of expertise, in order to help them to apply Union legislation properly in the field of maritime safety, maritime security, prevention of with a view to ensuring a high, uniform and efficient level of maritime safety and security, using their existing capabilities for assistance, preventing and tackling marine pollution caused by ships , including from offshore oil and gas installations, developing a European maritime space without barriers , to monitor its implementation and to evaluate the effectiveness of the measures in place. [Am. 29]

3.   The Agency shall provide Member States and the Commission with technical and scientific assistance in the field of accidental or deliberate marine pollution and support, on request, with additional means in a cost-efficient way, the pollution response mechanisms of Member States, without prejudice to the responsibility of coastal States to have appropriate pollution response mechanisms in place and respecting existing cooperation between Member States in this field. It shall act in support of the EU Civil Protection Mechanism established by Council Decision 2007/779/EC, Euratom of 8 November 2007 establishing a Community Civil Protection Mechanism (10)  (11).

Article 2

Tasks of the Agency

1.   In order to ensure that The objectives set out in Article 1 are met in the appropriate manner, the Agency shall perform represent the primary responsibilities of the Agency and must be met as a priority. The attribution to the Agency of the tasks listed in paragraph 2 of this Article in the fields of shall ensure that there is no duplication of efforts and shall be subject to the proper performance of the tasks relating to maritime safety and maritime security, the prevention of pollution caused by ships and response to marine pollution at the request of the Member States or the Commission . [Am. 30]

2.   The Agency shall assist the Commission:

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

4.   The Agency shall assist the Member States and the Commission in the following:

4a.     The Agency shall compile a yearly overview of ‘marine incidents’, which shall include ‘hazardous incidents’ and ‘near misses’, based on data submitted by the relevant national bodies of Member States. This overview shall be made available annually to the European Parliament and to the Council. [Am. 91]

5.   The Agency shall at the request of the Commission provide technical assistance as regards the implementation of relevant EU legislation to States applying for accession to the Union, to all European Neighbourhood partner countries , as and when applicable, and to countries taking part in the Paris Memorandum of Understanding on Port State Control. [Am. 53]

The Agency shall also at the request of the Commission provide assistance in case of accidental or deliberate marine pollution affecting these States, via the EU Civil Protection Mechanism established by Decision 2007/779/EC, Euratom by analogy with the conditions applicable to Member States as referred to in paragraph (3)(c) of this Article.

These tasks shall be coordinated with the existing regional cooperation programmes and shall include, where appropriate, the organisation of relevant training activities.

Article 3

Inspections

1.   In order to perform the tasks entrusted to it and to assist the Commission in fulfilling its duties under the Treaties and in particular the assessment of the effective implementation of Union law, the Agency shall assist the Commission in reviewing environmental impact assessments and carry out inspections in the Member States , at the request of the Commission . [Am. 54]

The national authorities of the Member States shall facilitate the work of the Agency's staff.

In addition, the Agency shall carry out inspections on behalf of the Commission in third countries as required by Union law, in particular regarding organisations recognised by the Union in accordance with Regulation (EC) No 391/2009 and the training and certification of seafarers in accordance with Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (25)  (26).

2.   The operational working methods of the Agency for conducting the inspections referred to in paragraph 1 shall be subject to requirements to be adopted in accordance with the procedure referred to in Article 23(2) Article 23 . [Am. 55]

3.   Where appropriate, and in any case when a cycle of 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 , and shall make it available to the public in an easily accessible format, including in electronic form . [Am. 56]

(2)

In Article 5, paragraphs 3 and 4 shall be replaced by the following:

‧3.   At the request of the Commission, the Administrative Board may decide, with the agreement and cooperation of the Member States concerned, to establish the regional centres necessary in order to carry out the Agency's tasks in the most efficient and effective way , enhancing cooperation with existing regional and national networks already engaged in prevention measures , and by defining the precise scope of activities of the regional centre while avoiding unnecessary financial costs . [Am. 57]

4.   The Agency shall be represented by its Executive Director. On behalf of the Agency, the Executive Director may conclude administrative agreements with other bodies working in the Agency's fields of activities after having informed the Administrative Board.‧

(3)

In Article 10, paragraph 2 shall be amended as follows:

(3a)

Article 11 shall be amended as follows:

(3b)

In Article 12, paragraph 1a shall be inserted:

‧1a.     Gender equality shall also be maintained in the election of the Chairperson and Deputy Chairperson.‧.

(3c)

Article 14, paragraph 2, subparagraph 1 shall be replaced by the following:

‧2.     75 per cent of the total votes shall be divided equally amongst the Member States' representatives. The remaining 25 per cent of the total vote shall be divided equally amongst the Commission's representatives. The Executive Director of the Agency shall not vote.‧.

(4)

Article 15 shall be amended as follows:

(5)

Article 16 shall be replaced by the following:

‧Article 16

Appointment of the Executive Director and the Heads of Department

1.   The Executive Director shall be appointed and dismissed by the Administrative Board. The appointment shall be made from a list of candidates proposed by the Commission for a period of five years on grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for maritime safety, maritime security, prevention of pollution caused by ships and response to marine pollution. Before appointment, the candidate selected by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Its opinion, if any, shall be considered before formal appointment. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote. [Am. 71]

2.   The Administrative Board, acting on a proposal from the Commission, taking into account the evaluation report may extend the term of office of the Executive Director for not more than three years five years . The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote. The Administrative Board shall inform the European Parliament about its intention to extend the Executive Director's term of office. Within a month before the extension of his/her term of office, the Executive Director may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Its opinion, if any, shall be considered before formal reappointment. If the term of office is not extended, the Executive Director shall remain in office until the appointment of his/her successor. [Am. 72]

3.   The Executive Director may be assisted by one or more Heads of Department. If the Executive Director is absent or indisposed, one of the Heads of Department shall take his/her place.

4.   The Heads of Department shall be appointed , upholding gender balance, on grounds of merit and documented administrative and managerial skills, as well as professional competence and experience relevant for maritime safety, maritime security, prevention of pollution caused by ships and response to marine pollution. The Heads of Department shall be appointed or dismissed by the Executive Director after having received a positive opinion of the Administrative Board.‧.

(6)

Article 18 shall be amended as follows:

(7)

In Article 22, paragraphs 1 and 2 shall be replaced by the following:

‧1.   At regular intervals and at least every five years, the Administrative Board shall commission an independent external evaluation on the implementation of this Regulation , assessing its relevance, effectiveness and cost-efficiency . The Commission shall make available to the Agency any information the latter considers relevant to that evaluation. [Am. 77]

2.     That evaluation shall assess the utility, relevance, achieved added value and effectiveness of the Agency and its working practices. The evaluation shall take into account the views of stakeholders, at both European and national level. It shall, in particular, address the possible need to modify or extend the Agency's tasks or to put an end to its activities in the event of its role having become superfluous. ‧.

(7a)

The following articles shall be inserted:

‧Article 22a

Feasibility Study

Within … (29) the Commission shall submit a feasibility study on a national coastguard coordination system, making clear the costs and the benefits, to the European Parliament and the Council.

The report shall, if appropriate, be accompanied by a legislative proposal. [Am. 79]

Article 22b

Progress Report

Within … (30) the Commission shall submit a report to the European Parliament and the Council setting out how the Agency has undertaken the additional responsibilities assigned by this Regulation and the case for further extending its objectives or tasks. In particular, this report shall include:

The report shall, if appropriate, be accompanied by a legislative proposal.

(8)

Article 23 shall be replaced by the following:

‧Article 23

Committee

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up under Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council (31) empowered to adopt delegated acts in accordance with Article 23a concerning the operational working methods of the Agency for conducting the inspections referred to it pursuant to Article 3(1) . [Am. 81]

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

(8a)

The following article shall be inserted:

‧Article 23a

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 the delegated acts referred to in Article 23 shall be conferred on the Commission for a period of 5 years from date of entry into force. The Commission shall draw up a report in respect of the delegation of powers no later than 6 months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.     The delegation of power referred to in Article 23 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.     As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.     A delegated act adopted pursuant to Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.‧.

(+)

(++)