The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 Recital 9 a (new) (9a) Over the past years, as more decentralised agencies have been created, the budgetary authority has looked to improve transparency and control over the management of the Community funding allocated to them, in particular concerning the budgetisation of the fees, financial control, power of discharge, pension scheme contributions and the internal budgetary procedure (code of conduct); Amendment 2 Article 1, paragraph 1    1. This Regulation establishes a European Maritime Safety Agency (the "Agency”) for the purpose of ensuring a high, uniform and effective level of maritime safety and pollution prevention within the Community.    1. This Regulation establishes a European Maritime Safety and Ship Pollution Prevention Agency (the "Agency”) for the purpose of ensuring a high, uniform and effective level of maritime safety and marine environment pollution prevention within the Community. Amendment 4 Article 2, paragraph 2    2. With regard to performance of the tasks referred to in paragraphs (a), (b), (d) and (g) , the Agency shall only act at the request of the Commission. The Agency may perform other specific tasks if circumstances so demand, but exclusively at the request of the Commission.    2. With regard to performance of the tasks referred to in paragraphs (a), (b) and (d), the Agency shall only act at the request of the Commission. The Agency may perform other specific tasks if circumstances so demand, but exclusively at the request of the Commission. Amendment 5 Article 3, paragraph 1, introductory part    1. In order to perform the tasks entrusted to it, the Agency shall carry out visits to the Member States. The national authorities of the Member States shall facilitate the work of the Agency's staff in order to ensure that such visits proceed smoothly. The Agency's officials are entitled:    1. In order to perform the tasks entrusted to it, the Agency shall carry out visits to the Member States. The national authorities of the Member States shall facilitate the work of the Agency's staff in order to ensure that such visits proceed smoothly. After reaching an understanding with the Member State concerned, the Agency's officials are entitled: Amendment 6 Article 3, paragraph 2 a (new) 2a. The Agency may also carry out unannounced visits. Amendment 7 Article 3, paragraph 3    3. At the end of each visit, the Agency shall draw up a report and send it to the Commission.    3. At the end of each visit, the Agency shall draw up a report and send it to the Commission and the Member State concerned . Amendment 8 Article 10, paragraph 2, point (c)    (c) adopt, before 30 October each year, and after approval by the Commission, the work programme of the Agency for the coming year and forward it to the Commission, the Council and the European Parliament;    (c) adopt, before 30 October each year, and after consultation of the Commission, the work programme of the Agency for the coming year and forward it to the Commission, the Council and the European Parliament; Amendment 9 Article 11 The Administrative Board shall be composed of four representatives of the Commission, four representatives of the Council, four representatives of the European Parliament and four representatives of the professional sectors most concerned nominated by the Commission, and their alternates. The duration of the term of office shall be five years. The term of office may be renewed once. The Administrative Board shall be composed of four representatives of the Commission, four representatives of the Council and four representatives of the professional sectors most concerned nominated by the Commission, and their alternates. The duration of the term of office shall be five years. The term of office may be renewed once. Amendment 22 Article 11, paragraph 1 a (new) Representatives shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety. Amendment 10 Article 12, paragraph 2    2. The terms of office of the Chairman and Deputy Chairman shall be three years and shall expire when they cease to be members of the Administrative Board . The terms of office shall be renewable once.    2. The terms of office of the Chairman and Deputy Chairman shall be five years. The terms of office shall be renewable once. Amendment 23 Article 13, paragraph 3    3. The Administrative Board shall hold an ordinary meeting once a year. In addition, it shall meet on the initative of the Chairman or at the request of the Commission, one-third of the Member States.    3. The Administrative Board shall hold an ordinary meeting once a year. In addition, it shall meet on the initative of the Chairman or at the request of the Commission, one-third of the Member States, the European Parliament or six members of the Administrative Board . Amendment 11 Article 15, paragraph 1    1. The Agency shall be managed by its Executive Director, who shall neither seek nor take instructions from any Government or from any other body . However, he must carry out any instruction or request for assistance from the Commission relating to the tasks set out in Article 2.    1. The Agency shall be managed by its Executive Director, who must carry out any instruction or request for assistance from the Commission or request for assistance from a Member State concerned relating to the tasks set out in Article 2. Amendment 12 Article 15, paragraph 2, point (a)    (a) The Executive Director shall prepare the work programme and submit it to the Administrative Board after having received the approval of the Commission. He shall take the necessary steps for its implementation. He shall respond to any requests for assistance from the Commission.    (a) The Executive Director shall prepare the work programme and submit it to the Administrative Board and the Commission. He shall take the necessary steps for its implementation. He shall respond to any requests for assistance from the Commission or a Member State . Amendment 25 Article 15, paragraph 2, point (b)    (b) The Executive Director shall decide to carry out the visits provided for in Article 3, following the prior agreement of the Commission .    (b) The Administrative Board shall decide to carry out the visits provided for in Article 3. (The text is inserted in Article 10(2) as new point (ea)) Amendment 14 Article 16, paragraph 1    1. The Executive Director of the Agency shall be appointed by the Administrative Board on a proposal from the Commission . Power to dismiss the Executive Director shall lie with the Administrative Board, acting on a proposal from the Commission .    1. The Executive Director of the Agency shall be appointed by the Administrative Board. The Commission may propose a candidate or candidates. Power to dismiss the Executive Director shall lie with the Administrative Board, in which connection the Commission may make a proposal . Amendment 15 Article 19    1. The Agency's revenues shall consist of:    1. The Agency's revenues shall consist of:    - a contribution from the Community;    - charges for publications, training and/or any other services provided by the Agency.    - a contribution from the Community;    - charges for publications, training and/or any other services provided by the Agency. (1a) The Agency's pensions contribution is entered directly in the revenue part of the Commission.    2. The Agency's expenditure shall include staff, administrative, infrastructure and operational expenses.    2. The Agency's expenditure shall include staff, administrative, infrastructure and operational expenses.    3. The Executive Director shall draw up an estimate of the Agency's revenues and expenditure for the following financial year and shall forward it to the Administrative Board together with an establishment plan.    3. The Executive Director shall draw up an estimate of the Agency's revenues and expenditure for the following financial year and shall forward it to the Administrative Board together with an establishment plan.    4. Revenue and expenditure shall be in balance.    4. Revenue and expenditure shall be in balance.    5. The Administrative Board shall, by 31 March at the latest, adopt the draft budget and forward it to the Commission, which on that basis shall enter the relevant estimates in the preliminary draft general budget of the European Communities which it puts before the Council and the European Parliament in accordance with Article 272 of the Treaty.    5. The Administrative Board shall, by 31 March, at the latest, adopt the draft estimates, including the provisional establishment plan accompanied by the preliminary work programme, and forward them to the Commission which on that basis shall enter the relevant estimates in the preliminary draft general budget of the European Communities which it puts before the Council and the European Parliament in accordance with Article 272 of the Treaty.    6. The Administrative Board shall adopt the Agency's budget, adjusting it where necessary to the Community subsidy.    6. After the adoption of the general Budget by the budgetary authority, the Administrative Board shall adopt the Agency's final budget and work programme , adjusting them where necessary to the Community subsidy. It shall forward them without delay to the Commission and to the budgetary authority. 6a. Any modification to the budget, including the establishment plan, shall follow the procedure laid down in paragraph 5. 6b. The establishment plan shall be authorised by the Budget of the Union. Amendment 16 Article 20 a (new) Article 20a Combating fraud    1. In order to combat fraud, corruption and other unlawful activities the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(1 ) shall apply without restriction.    2. The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF)(2 ) and shall issue, without delay, the appropriate provisions applicable to all the employees of the Agency.    3. The decisions concerning funding and the implementing agreements and instruments resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Agency's funding and the agents responsible for allocating it. _______________________ (1 ) OJ L 136, 31.5.1999, p. 1. (2 ) OJ L 136, 31.5.1999, p. 15. Amendment 17 Article 21    1. Within five years from the date of the Agency having taken up its responsibilities, the Agency in collaboration with the Commission shall carry out an independent evaluation on the implementation of this Regulation.    1. Within three years from the date of the Agency having taken up its responsibilities, and every five years thereafter, the Agency shall commission an independent external evaluation on the implementation of this Regulation. The Commission shall make available to the Agency any information the latter considers relevant to that evaluation.    2. The evaluation will assess the impact this Regulation, the Agency and its working practices will have had in establishing a high level of maritime safety. The Administrative Board issues specific terms of reference in agreement with the Commission.    2. The evaluation shall assess the impact of this Regulation, the Agency and its working practices on establishing a high level of maritime safety. The evaluation shall take into account the views of stakeholders, both at Community and national level. It shall be carried out following consultation of the parties involved.    3. The Administrative Board shall receive the evaluation findings and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission. Both the evaluation findings and recommendations shall be made public.    3. The Administrative Board shall receive the evaluation findings and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which shall forward them to the European Parliament. An action plan with a timetable shall be included, if appropriate. Both the evaluation findings and recommendations shall be made public.

(1) OJ C 120 E, 24.4.2001, p. 83.

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 802 ) (1) ,

-  having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0702/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy (A5-0205/2001 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 120 E, 24.4.2001, p. 83.