Procedure : 2010/0303(COD)
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Document selected : A7-0372/2011

Texts tabled :

A7-0372/2011

Debates :

PV 14/12/2011 - 15
CRE 14/12/2011 - 15

Votes :

PV 15/12/2011 - 9.3
Explanations of votes
Explanations of votes

Texts adopted :


REPORT     ***I
PDF 517kWORD 851k
25 October 2011
PE 464.908v03-00 A7-0372/2011

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

(COM(2010)0611 – C7-0343/2010 – 2010/0303(COD))

Committee on Transport and Tourism

Rapporteur: Knut Fleckenstein

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgets
 OPINION of the Committee on the Environment, Public Health and Food Safety
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

(COM(2010)0611 – C7-0343/2010 – 2010/0303(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0611),

–   having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0343/2010),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1),

–   after consulting the Committee of the Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A7-0372/2011),

1.  Adopts its position at first reading hereinafter set out;

2.  Stresses that point 47 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management should apply for the extension of tasks of the European Maritime Safety Agency; emphasises that any decision of the legislative authority in favour of such an extension of tasks shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

3.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

4.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 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.

(1) Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002, 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.

Justification

It should be clearly stated, for the benefit of people who at any time may come to analyse this scientific documentation, what it was that caused the Union institutions to take this action.

Amendment  2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) After the Prestige oil tanker disaster in 2002, Regulation 1406/2002 was modified to give the Agency more power with regard to combating pollution.

Justification

It should be clearly stated, for the benefit of people who at any time may come to analyse this scientific documentation, what it was that caused the Union institutions to take this action.

Amendment  3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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 and its working practices in June 2008.

(2) In accordance with Article 22 of Regulation (EC) No 1406/2002, the Administrative Board of the Agency (hereinafter the Administrative Board) 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.

Justification

The amendment to this regulation provides for new areas of competence to be assigned to the Agency and will therefore entail a redefinition of the sectors in which it may act.

Amendment  4

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Based on the findings of the external evaluation, the recommendations by the Administrative Board and the multi-annual strategy, some provisions of Regulation (EC) No 1406/2002 should be clarified and updated. Furthermore, the Agency should receive a number of additional tasks reflecting the development of the maritime safety policy at EU and international level. Considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency. This should allow one third of additional staffing needs for new tasks to be covered through internal redeployment by the Agency.

(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. While focusing on its priority tasks in the area of maritime safety, the Agency should also receive a number of additional tasks reflecting the development of the maritime safety policy at EU and international level. Given the budget constraints facing the Union, considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency and to avoid any overlapping. Staffing needs for the new tasks should be covered as far as possible through internal redeployment by the Agency.

Justification

The funds available to the Agency for acting effectively in the area of maritime safety should not be allocated to new tasks. Stringent budgetary management is therefore necessary if the Agency’s areas of competence are to be extended. The new tasks should be covered where possible through redeployment.

Amendment  5

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) This redeployment needs to be coordinated with agencies in the Member States.

Justification

Greater efficiency and value will be achieved if the redeployment of tasks involves greater coordination.

Amendment  6

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission

Amendment

(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.

Justification

In the light of the economic crisis, it is clear that public budgets are under pressure at the European, national and state level. However, arguing that each and every public organisation should face a budgetary freeze makes little sense if investment at one level can allow larger savings in other tiers of government. In particular, if the Agency can use its existing systems to contribute to additional policy objectives, with a modest increase in resources, the net effect will be to reduce European public expenditure as national administrations will be freed from these tasks.

Amendment  7

Proposal for a regulation

Recital 3 c (new)

Text proposed by the Commission

Amendment

 

(3c) In order to fulfil properly the new tasks entrusted to the Agency under this Regulation, an increase is needed in it’s resources – albeit a limited one in its resources is needed. This will require special attention is during the budgetary procedure.

Justification

At a time of serious economic crisis, a limited investment in the Agency’s resources may be needed, bearing in mind that the new tasks entrusted to it will enable savings to be made at national level

Amendment  8

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  9

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The Agency should act in the interest of the Union. This should include that the Agency may act outside the territory of the EU in its fields of competence.

(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 EU in its fields of competence, promoting the Union's maritime safety policy by means of scientific and technical cooperation with third countries.

Justification

The Agency carries out its task on behalf of the Commission, which authorises the application of Community laws and principles. In this way, the Agency assists the Commission and the Member States in their technical and operational tasks whenever they require its assistance, The Agency has not been given powers to create competencies.

Amendment  10

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  11

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The Agency should enhance its assistance to the Commission regarding research activities related to its field of competences. However, double work with the existing EU research framework should be avoided. In particular, the Agency should not be in charge of the management of research projects.

(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 EU 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.

Amendment  12

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  13

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(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 of the European Parliament and the Council1. However the effectiveness of enforcement and the penalties vary greatly despite such pollution having the potential to end up in other national waters.

 

________________

 

1. OJ L 255, 30.9.2005, p. 11

Justification

Directive 2005/35, as amended by Directive 2009/123, gives Member States the responsibility of providing for criminal penalties in respect of discharges of polluting substances to which the Directive applies. It also gives the Agency a key role in developing technical solutions and providing technical assistance. However, to date, Member States have shown widely varying degrees of enthusiasm in fulfilling their responsibilities.

Amendment  14

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(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.

(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 capabilities should be explicitly extended to cover pollution originating from such activities. In addition, the Agency should assist the Commission in analysing the safety of 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.

Justification

While the Agency offers a cost-effective solution in view of its existing expertise and technical systems, it is unrealistic to imagine that new tasks can be absorbed without some additional resources. Applying a strict budgetary freeze would threaten the Agency's ability to fulfil its existing responsibilities in terms of preventing and responding to pollution from ships.

Amendment  15

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(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.

Justification

This will make it possible to ensure full monitoring of all waters, irrespective of the source of the pollution.

Amendment  16

Proposal for a regulation

Recital 8 b (new)

Text proposed by the Commission

Amendment

 

(8b) With a view to achieving the single 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.

Justification

The movement of ships between EU ports is regarded as an international journey, which causes bureaucratic burdens impeding intermodality. Directive 2010/65/EU on reporting formalities for ships arriving in and/or departing from ports of the Member States (to be transposed by 19 May 2012) simplifies and harmonises administrative procedures in maritime transport through electronic data transmission.

Amendment  17

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) The Union has established a comprehensive maritime transport strategy up to 2018, which includes the e-maritime concept. Furthermore, it is developing an EU maritime surveillance network. The Agency has maritime systems and applications available which are of interest for the realisation of these policies. Therefore the Agency should make the systems and the data available to interested partners.

(9) The Union has established a comprehensive maritime transport strategy up to 2018, which includes the e-maritime concept. Furthermore, it is developing an EU 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.

Justification

The Blue Belt project offers customs authorities the assurance that a ship declaring intra-EU goods has only visited EU ports. It offers a way of reducing the administrative burden on short-sea shipping while maintaining existing levels of control. This, in turn, promotes the use of a transport mode which causes less environmental damage than road transport.

Amendment  18

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(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 national enforcement authorities, including national coastguard services.

Amendment  19

Proposal for a regulation

Recital 9 b (new)

Text proposed by the Commission

Amendment

 

(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 competent authorities.

Justification

Information and satellite technologies can make a major contribution to improving maritime safety levels and the efficiency of the sector. With this in view, emphasis should be placed on the importance of the Commission’s e-maritime initiative, whilst seeking to avoid overlapping and duplication of national and regional bodies' areas of competence.

Amendment  20

Proposal for a regulation

Recital 9 c (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  21

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) The Agency has established itself as the authoritative provider of maritime traffic data at EU level which are of interest and relevance in other EU 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 EU level regarding certain coastguard operations. In addition, the Agency's data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production.

(10) The Agency has established itself as the authoritative provider of maritime traffic data at EU level which are of interest and relevance in other EU 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 EU level regarding operations designed to prevent and combat marine pollution, 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, production and transport.

Justification

The main task of coastguard services is to ensure national maritime safety. The strategy governing their actions is therefore the responsibility of Member States. If so requested, the Agency can provide expertise, but it should not be involved in coordination between the various coastguard services in the field of maritime safety. However, it is quite legitimate for it to be involved in the pooling of resources to combat marine pollution and this should be enhanced.

Amendment  22

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(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 is 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.

Amendment  23

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(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.

Justification

At a time of budgetary rigour, it is essential to avoid duplicating structures and to assign work to the body that is most capable of doing it in an efficient and cost-effective manner.

Amendment  24

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  25

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) The Commission and the Agency should cooperate closely in 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 practise for the conduct of the inspections.

(13) The Commission and the Agency should cooperate closely to prepare as urgently as possible 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.

Amendment  26

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

14. 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.

(14) In order to adopt the requirements for the operational working methods of the Agency for conducting inspections, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission.

Justification

The Commission's proposal reflects the so-called 'comitology procedure' provide for by the Treaties before the entry into force of the Treaty of Lisbon. It is therefore appropriate to update the arrangements and recognise the equal roles of the two legislative branches.

Amendment  27

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  28

Proposal for a regulation

Recital 14 b (new)

Text proposed by the Commission

Amendment

 

(14b) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities1 (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 2 (IIA of 17 May 2006), and in particular point 47 thereof, should be taken into account.

 

________________

 

1 OJ L 248, 16.9.2002, p. 1.

 

2 OJ C 139, 14.6.2006, p. 1.

Justification

The Financial Regulation and the Interinstitutional Agreement on budgetary management and budgetary discipline should be referred to as a legal base.

Amendment  29

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 1 – paragraph 2

 

Text proposed by the Commission

Amendment

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 the Union legislation properly in the field of maritime safety, maritime security, prevention of pollution caused by ships, to monitor its implementation and to evaluate the effectiveness of the measures in place.

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 the Union legislation properly 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, 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.

Justification

Speaking of "marine pollution" corresponds to the Commission's proposal for Article 1 paragraph 3 (concerning response to pollution).

Amendment  30

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 1

 

Text proposed by the Commission

Amendment

1. In order to ensure that the objectives set out in Article 1 are met in the appropriate manner, the Agency shall perform the tasks listed in paragraph 2 of this Article in the fields of maritime safety and maritime security, the prevention of pollution caused by ships and response to marine pollution.

1. The objectives set out in Article 1 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 shall avoid duplication of efforts and be subject to the proper performance of the tasks relating to maritime safety and maritime security, the prevention of and response to marine pollution at the request of the Member States or the Commission.

Justification

The diversification of the Agency’s activities should come into play only once it has succeeded in performing its priority tasks properly. The amendment concerning prevention of pollution aligns with Commission proposal for Article 1 paragraph 3 and would enable the Agency to contribute to the prevention of pollution from maritime sources other than vessels (notably oil and gas rigs).

Amendment  31

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

(ba) in the provision of technical assistance to the Commission in the performance of the monitoring tasks assigned to it pursuant to Article 13(2) of Directive (EC) No 65/2005 of the European Parliament and the Council1;

 

_____________

 

1 OJ L 310, 25.11.2005, p 28.

Justification

This amendment would allow the Agency to provide technical assistance to the Commission in monitoring Member States' implementation of the Directive on enhancing port security. Clearly the Agency's role would be limited to aspects where it had relevant technical expertise; the Commission would be under no obligation to seek assistance and would be unlikely to do so unless it believed the Agency would provide valuable advice.

Amendment  32

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) in the provision of technical assistance necessary to take part in the work of the technical bodies of IMO, ILO, the Paris Memorandum of Understanding on Port State Control and other relevant international or regional organisations;

(c) in the updating and development of provisions necessary to take part in the work of the technical bodies of IMO, ILO, the Paris Memorandum of Understanding on Port State Control and other relevant international or regional organisations;

Amendment  33

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) in the development and implementation of EU policies related to the Agency's tasks such as Motorways of the Sea, the European maritime space without barriers, e-maritime, inland waterways, the Marine Strategy Framework Directive, climate change and in the analysis of the safety of mobile offshore gas and oil installations;

(d) in the development and implementation of EU policies related to the Agency's tasks, particularly those in the field of maritime safety as well as Motorways of the Sea, the European maritime space without barriers, the 'Blue Belt' project, e-maritime, the Marine Strategy Framework Directive, climate change, in the analysis of the safety of offshore oil and gas installations and combating pollution;

Justification

The Blue Belt project offers customs authorities the assurance that a ship declaring intra-EU goods has only visited EU ports. It offers a way of reducing the administrative burden on short-sea shipping while maintaining existing levels of control. This, in turn, promotes the use of a transport mode which causes less environmental damage than road transport. Similarly, allowing data about ships that are sea-going as well as operating on rivers/canals to pass smoothly between the two systems will reduce administrative burdens.

Amendment  34

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 2 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) in the exchange of information concerning any other policy which may be appropriate given its areas of competence and its expertise;

Justification

The same considerations apply as for the amendment to Article 2, paragraph 3 a.

Amendment  35

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 2 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) in the development and implementation of a policy to enhance the quality of the training of European seafarers, and in promoting maritime careers, taking account of the demand for highly qualified labour in the EU maritime cluster.

Amendment  36

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f) in the analysis of ongoing and completed research projects relevant to the fields of activity of the Agency; this shall include the identification of possible regulatory follow-up measures resulting from specific research projects and the identification of key themes and priorities for further research at EU level;

(f) in the analysis of ongoing and completed research projects relevant to the fields of activity of the Agency; this shall include the identification of possible regulatory follow-up measures resulting from specific research projects;

Justification

The identification of key themes should not represent a task for the Agency; other EU institutions are in charge for this. Duplication should be avoided.

Amendment  37

Proposal for a regulation

Article 1 - point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 2 point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) in the development of requirements or any guidance relating to the licensing of oil and gas exploration and production in the marine environment and, in particular, the environmental and civil protection aspects thereof;

Amendment  38

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 3 – point b a (new)

 

Text proposed by the Commission

Amendment

(ba) support the monitoring of the recognised organisations that carry out certification tasks on behalf of the Member States in accordance with Article 9 of Directive 2009/151 without prejudice to the rights and obligations of the Flag State;

 

________________

 

1 OJ L 131, 28.05.2009, p. 147

Justification

As the Agency is already assisting the Commission in its monitoring of recognised organisations, allowing it to also support Member States would generate efficiency gains and reduce pressures on Member State budgets.

Amendment  39

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 3 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(bb) assist the Commission in completing the tasks described in Articles 3, 5, 6, 7 and 8 of Regulation (EC) No 391/20091, and advise on the application and implementation of Article 10 of that Regulation;

 

________________

 

1 OJ L 131, 28.05.2009, p. 11

Justification

The assistance the Agency gives to the European Commission should be more clearly specified and the provisions in Regulation (EC) No 391/2009 expressly included, since ensuring this Regulation is complied with is particularly important.

Amendment  40

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

(c) support with additional means in a cost efficient way, through the EU Civil Protection Mechanism established by Decision 2007/779/EC, Euratom, their pollution response actions in case of accidental or deliberate marine pollution, when such a request has been presented; in this respect, the Agency shall assist the affected Member State under which the cleaning operations are conducted.

(c) support with additional means in a cost efficient way, through the EU Civil Protection Mechanism established by Decision 2007/779/EC, Euratom, their pollution response actions in case of accidental or deliberate marine pollution, when such a request has been presented; in this respect, the Agency shall assist the affected Member State under which the cleaning operations are conducted, by providing the appropriate technical resources;

Amendment  41

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 3 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) gather and analyse national data on the qualifications and employment of seafarers so as to share best practice in the training of seafarers across Europe;

Amendment  42

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 3 – point c b (new)

 

Text proposed by the Commission

Amendment

 

(cb) coordinate the training schools’ programmes to ensure consistency;

Amendment  43

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 3 – point c c (new)

 

Text proposed by the Commission

Amendment

 

(cc) facilitate the establishment of Erasmus type exchanges between maritime training institutions.

Amendment  44

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 3 – point c d (new)

 

Text proposed by the Commission

Amendment

 

(cd) provide technical expertise in the field of shipbuilding or any other relevant activity related to maritime traffic, so as to develop the use of environment-friendly technologies and ensure a high level of security;

Justification

When it comes to construction standards for the ‘ships of tomorrow’, special attention must be paid to measures to combat marine pollution, and the requirements of maritime safety and environmental protection. The Agency should therefore make its expertise in these areas available to the shipbuilding sector.

Amendment  45

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 4 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) in supporting the actions they take to combat illegal traffic and acts of piracy, by providing data and information which may facilitate these operations and, in particular, by using its Automatic Identification Systems and satellite images;

Justification

The Agency has at its disposal instruments and data, including from satellite sources, which can be used by the Member States for the surveillance of illegal maritime activities. At present, information exchanges with the EU Naval Force operation Atlanta to protect EU-flag vessels against piracy when transiting through the area off the Horn of Africa are particularly important.

Amendment  46

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 4 – point a b (new)

 

Text proposed by the Commission

Amendment

 

(ab) in developing and implementing a macro-regional Union policy relating to the fields of activity of the Agency;

Amendment  47

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 4 – point b

 

Text proposed by the Commission

Amendment

(b) regarding the investigation of maritime accidents in accordance with Directive 2009/18/EC of the European Parliament and of the Council; the Agency shall provide support to the Member States in the conduct of investigations related to serious maritime accidents, and it shall carry out analysis of accident investigation reports with a view to identify added value at EU level in terms of lessons to be learnt;

(b) regarding the investigation of maritime accidents in accordance with Directive 2009/18/EC of the European Parliament and of the Council; the Agency shall, if requested by the competent Member States, provide support to the Member States in the conduct of investigations related to serious maritime accidents, and it shall carry out analysis of accident investigation reports with a view to identify added value at EU level in terms of lessons to be learnt. In this connection, the Agency shall be invited to assist the Member States during accident investigations involving (costal and offshore) maritime installations including accidents affecting oil and gas installations while the Member States shall be invited to cooperate in a full and timely manner with the Agency;

Justification

This amendment calls for a greater willingness to cooperate on the part of the Member States, which on occasion might refuse or delay their assistance.

Amendment  48

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 4 – b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) regarding oil spills from offshore installations, the Agency shall assist the Member States and the Commission by using its CleanSeaNet service to monitor the extent and environmental impact of such spills;

Justification

As CleanSeaNet is an existing system that has proved its effectiveness, it offers a highly cost-effective response to increasing concerns about the risks of offshore exploration, following the Deepwater Horizon catastrophe in the Gulf of Mexico.

Amendment  49

Proposal for a regulation

Article 1 - point 1

Regulation (EC) No 1406/2002

Article 2 paragraph 4 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(bb) with respect to offshore oil and gas installations, in assessing Member States’ arrangements concerning emergency response plans and emergency preparedness, and in coordinating the oil pollution response in the event of an accident;

Amendment  50

Proposal for a regulation

Article 1 - point 1

Regulation (EC) No 1406/2002

Article 2 –paragraph 4 – point b c (new)

 

Text proposed by the Commission

Amendment

 

(bc) with respect to offshore installations, in ensuring independent third party oversight of the maritime aspects related to safety, prevention, protection of the environment, and contingency planning;

Amendment  51

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 4 – point c

 

Text proposed by the Commission

Amendment

(c) in providing objective, reliable and comparable statistics, information and data, the Agency shall enable the Commission and the Member States to take the necessary steps to improve their actions and to evaluate the effectiveness of existing measures. Such tasks shall include the collection, recording and evaluation of technical data, the systematic exploitation of existing databases, including their cross-fertilisation, and, where appropriate, the development of additional databases. On the basis of the data collected, the Agency shall assist the Commission in the publication of information relating to ships pursuant to Directive 2009/16/EC of the European Parliament and of the Council. The Agency shall also assist the Commission and the Member States in their activities to improve the identification and pursuit of ships making unlawful discharges in the context of Directive 2005/35/EC of the European Parliament and of the Council.

(c) in providing objective, reliable and comparable statistics, information and data, the Agency shall enable the Commission and the Member States to take the necessary steps to improve their actions and to evaluate the effectiveness and cost-efficiency of existing measures. Such tasks shall include the collection, recording and evaluation of technical data, the systematic exploitation of existing databases, including their cross-fertilisation, and, where appropriate, the development of additional databases. On the basis of the data collected, the Agency shall assist the Commission in the publication of information relating to ships pursuant to Directive 2009/16/EC of the European Parliament and of the Council. The Agency shall also assist the Commission and the Member States in their activities to improve the identification and pursuit of ships making unlawful discharges in the context of Directive 2005/35/EC of the European Parliament and of the Council.

Amendment  52

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. The Agency shall compile a yearly overview of incidents and near-accidents from the relevant bodies of Member States.

Justification

The overview will be aided by the data base that the Agency is currently instigating (see Article 17 and Annex II of Directive 2009/18 the fundamental principles governing the investigation of accidents in the maritime transport sector). It will provide an appropriate overview at EU level and provide valuable input for further EU actions.

Amendment  53

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

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 and to countries taking part in the Paris Memorandum of Understanding on Port State Control.

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.

Amendment  54

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 3 paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

1. In order to perform the tasks entrusted to it and to assist the Commission in fulfilling its duties under the Treaty in particular the assessment of the effective implementation of Union law, the Agency shall carry out inspections in the Member States.

1. In order to perform the tasks entrusted to it and to assist the Commission in fulfilling its duties under the Treaty 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.

Justification

The Agency could also play a role in the scrutiny of Environmental Impact Assessments (EIA) for offshore activities to avoid detrimental environmental impacts on highly sensitive marine ecosystems.

Amendment  55

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 3 – paragraph 2

 

Text proposed by the Commission

Amendment

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).

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(1).

Justification

Amendment needed to take account of the entry into force of the Treaty of Lisbon and the replacement of the former comitology procedures by delegated acts and implementing measures.

Amendment  56

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 3 – paragraph 3

 

Text proposed by the Commission

Amendment

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 of the measures in place. The Agency shall present this analysis to the Commission for further discussion with Member States.

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.

Amendment  57

Proposal for a regulation

Article 1 – point 2

Regulation (EC) No 1406/2002

Article 5 – paragraph 3

 

Text proposed by the Commission

Amendment

3. At the request of the Commission, the Administrative Board may decide, with the agreement 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.

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.

Amendment  58

Proposal for a regulation

Article 1 – point 3

Regulation (EC) No 1406/2002

Article 10 – paragraph 2point b

 

Text proposed by the Commission

Amendment

 

(b) adopt the annual report on the Agency's activities and forward it by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States.

 

The Agency shall annually forward to the budgetary authority all information regarding the outcome of the evaluation procedures;

Justification

This modification aims at making clear that the Agency cannot itself consider what is relevant for the Parliament.

Amendment  59

Proposal for a regulation

Article 1 – point 3 – point a

Regulation (EC) No 1406/2002

Article 10 – paragraph 2 – point c a (new)

 

Text proposed by the Commission

Amendment

(ca) adopt a multi-annual strategy for the Agency covering a period of five years ahead taking the opinion of the Commission into account;

(ca) adopt a multi-annual strategy for the Agency covering a period of five years ahead taking the opinions of the Parliament and the Commission into account;

Justification

This amendment aims at enshrining in the regulation that the Parliament should be consulted for the adoption of the agencies' multi-annual strategy (IWG).

Amendment  60

Proposal for a regulation

Article 1 – point 3

Regulation (EC) No 1406/2002

Article 10 – paragraph 2 – point h

 

Text proposed by the Commission

Amendment

 

(h) perform its duties in relation to the Agency's budget pursuant to Articles 18, 19 and 21 and monitor and ensure adequate follow-up to the findings and recommendations stemming from various audit reports and evaluations, whether internal or external;

Justification

For a better ownership and follow-up of audit and evaluations findings, the Administrative Board, to whom the Director is accountable, should explicitly be entrusted with their monitoring in line with the recommendation of the Interinstitutional Working Group on Agencies.

Amendment  61

Proposal for a regulation

Article 1 – point 3 a (new)

Regulation (EC) No 1406/2002

Article 11 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

 

(3a) Article 11, paragraph 1, subparagraph 2 shall be amended as follows:

 

Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety, security and response to marine pollution. They shall also have experience and expertise in general financial management, administration and personnel management.

Amendment  62

Proposal for a regulation

Article 1 – point 3 b (new)

Regulation (EC) No 1406/2002

Article 11 – paragraph 1 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

(3b) in Article 11, a new paragraph 1, subparagraph 2 a shall be inserted as follows :

 

Members of the Administrative Board shall make a written declaration of commitments and a written declaration indicating any direct or indirect interest which might be considered prejudicial to their independence. They shall declare at each meeting any interest which might be considered prejudicial to their independence in relation to the items on the agenda and abstain from participating in the discussions and voting on these items.

Justification

There should be a provision aimed at preventing any conflict of interest.

Amendment  63

Proposal for a regulation

Article 1 – point 3 c (new)

Regulation (EC) No 1406/2002

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

 

3c Article 11, paragraph 3 is replaced by the following:

 

3. The duration of the term of office shall be four years. The term of office may be renewed once.

Justification

The duration of the mandate of the Administrative Board members should be aligned with that of other agencies in accordance with the recommendation of the Interinstitutional Working Group on Agencies.

Amendment  64

Proposal for a regulation

Article 1 – point 3 d

Regulation (EC) No 1406/2002

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

 

(3d) Article 11, paragraph 4 shall be amended as follows:

 

When appropriate, the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in Article 17(2). Such participation shall not affect the Commission representatives' share of votes on the Administrative Board.

Justification

Where the legislator has given the Commission representatives a blocking minority on key decisions (such as the adoption of the work programme), this should not be altered without coming back to Parliament and Council for approval. If third countries were to be given voting rights, increasing the number of Commission representatives would not be necessary; adjusting a system of weighted votes would be preferable. (See amendment to Article 14).

Amendment  65

Proposal for a regulation

Article 1 – point 3 e

Regulation (EC) No 1406/2002

Article 14 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

(3e) Article 14, paragraph 2, subparagraph 1 shall be amended as follows:

 

2. Each Member State representative shall have an equal share of 75 per cent of the total votes. Each Commission representative shall have an equal share of 25 per cent of the total votes. The Executive Director of the Agency shall not vote.

Justification

When the Administrative Board had 15 Member State representatives, a four-fifths majority for the appointment of the Executive Director required Commission support. With 27 Member States this is no longer the case. The Institutional balance should not be altered by past or future enlargements. For this reason, a structural solution involving weighted votes seems desirable.

Amendment  66

Proposal for a regulation

Article 1 – point 4

Regulation (EC) No 1406/2002

Article 15 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) he shall prepare the multi-annual strategy of the Agency and submit it to the Administrative Board after consultation of the Commission at least 8 weeks before the relevant Board meeting;

(a) he/she shall prepare the multi-annual strategy of the Agency and submit it to the Administrative Board, after consultation of the Commission and the responsible Committee of the European Parliament, at least 8 weeks before the relevant Board meeting;

Justification

In accordance with the principle of gender-neutral language, it is preferable to retain the pronoun usage of the existing Regulation. In addition, this is consistent with the Commission's proposal for Article 16(2). Given the significance of the multi-annual strategy, for reasons of Institutional balance, Parliament should have some involvement, together with the Member State representatives (on the Administrative Board) and the Commission.

Amendment  67

Proposal for a regulation

Article 1 – point 4

Regulation (EC) No 1406/2002

Article 15 – paragraph 2 – point a a (new)

 

Text proposed by the Commission

Amendment

(aa) he shall prepare the multi-annual staff policy plan of the Agency and submit it to the Administrative Board after consultation of the Commission;

(aa) he/she shall prepare the multi-annual staff policy plan of the Agency and submit it to the Administrative Board after consultation of the Commission and the competent Committee of the European Parliament;

Justification

In accordance with the principle of gender-neutral language, it is preferable to retain the pronoun usage of the existing Regulation. In addition, this is consistent with the Commission's proposal for Article 16(2). Given the significance of the multi-annual staff policy plan, for reasons of Institutional balance, Parliament should have some involvement, together with the Member State representatives (on the Administrative Board) and the Commission.

Amendment  68

Proposal for a regulation

Article 1 – point 4 – point (a)

Regulation (EC) No 1406/2002

Article 15 – paragraph 2 – point a b (new)

 

Text proposed by the Commission

Amendment

(ab) he shall prepare the annual work programme and the detailed plan for the Agency's pollution preparedness and response activities, and submit them to the Administrative Board after consultation of the Commission at least 8 weeks before the relevant Board meeting. He shall take the necessary steps for their implementation. He shall respond to any requests for assistance from a Member State in accordance with Article 10(2)(c);

(ab) he/she shall prepare the annual work programme, with an indication of the expected human and financial resources allocated to each activity, and the detailed plan for the Agency's pollution preparedness and response activities, and submit them to the Administrative Board after consultation of the Commission at least 8 weeks before the relevant Board meeting. He/she shall reply positively to any invitation by the competent committee of the European Parliament to present and hold an exchange of views on the annual work programme. He/she shall take the necessary steps for their implementation and shall respond to any requests for assistance from a Member State in accordance with Article 10(2)(c);

Justification

Same point regarding gender-neutral language as for amendments to paragraph 2 points (a) and (aa). The first modification is in line with the principles of ABM-ABB: the Agency's work programme and annual activity report should provide information on the resources allocated to the activities which are necessary to reach the Agency's objectives. The second aims at formalising the practice of having exchange of views between the Director and the competent committee on the annual work programme.

Amendment  69

Proposal for a regulation

Article 1 – point 4

Regulation (EC) No 1406/2002

Article 15 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) he shall decide to carry out the inspections provided for in Article 3, after consultation of the Commission and in line with the requirements referred to in the same Article 3. He shall cooperate closely with the Commission in the preparation of the measures referred to in Article 3(2);

(b) he/she shall decide to carry out the inspections provided for in Article 3, after consultation of the Commission and in line with the requirements referred to in the same Article 3. He/she shall cooperate closely with the Commission in the preparation of the measures referred to in Article 3(2);

Justification

Same point regarding gender-neutral language as for amendments to paragraph 2 sub paragraphs (a) and (aa).

Amendment  70

Proposal for a regulation

Article 1 – point 4 – point (b)

Regulation (EC) No 1406/2002

Article 15 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) he shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its objectives and tasks as laid down in this Regulation. He shall ensure that the Agency's organisational structure will be regularly adapted to the evolving needs within the available financial and human resources. On this basis the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. The report shall include a dedicated section concerning the financial execution of the detailed plan for the Agency's pollution preparedness and response activities and give an update of the status of all actions funded under that plan. He shall establish regular evaluation procedures that meet recognised professional standards;

(d) he/she shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its objectives and tasks as laid down in this Regulation. To this end, he/she shall establish, in agreement with the Commission, tailored performance indicators allowing for an effective assessment of the results achieved. He/she shall ensure that the Agency's organisational structure will be regularly adapted to the evolving needs within the available financial and human resources. On this basis the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. The report shall include a dedicated section concerning the financial execution of the detailed plan for the Agency's pollution preparedness and response activities and give an update of the status of all actions funded under that plan. He/she shall establish regular evaluation procedures that meet recognised professional standards;

Justification

In line with the principles of Activity based management and Activity based budgeting (ABM-ABB), the Agency's work programme and annual activity report should provide information on the resources allocated to the activities which are necessary to reach the Agency's objectives and on the overall performance in achieving these objectives.

Amendment  71

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 1406/2002

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

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. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote.

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 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.

Justification

It should be made explicit that any Parliament's opinion on the selected candidate shall be taken into consideration before its appointment.

Amendment  72

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 1406/2002

Article 16 – paragraph 2

 

Text proposed by the Commission

Amendment

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. 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. If the term of office is not extended, the Executive Director shall remain in office until the appointment of his/her successor.

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 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.

Justification

The renewal of the Director's mandate should be for the same duration as for the first mandate. Any opinion given by Parliament on the selected candidate shall be taken into consideration before its appointment.

Amendment  73

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 1406/2002

Article 16 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Heads of Department shall be appointed 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.

4. The Heads of Department shall be appointed 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 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.

Amendment  74

Proposal for a regulation

Article 1 – point 6 a (new)

Regulation (EC) No 1406/2002

Article 18 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(6a) In Article 18, paragraph 3 is replaced by the following:

 

3. The Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following year, on the basis of activity-based budgeting, and shall forward it to the Administrative Board, together with a draft establishment plan.

Justification

In line with the principles of Activity based management and Activity based budgeting (ABM-ABB), the Agency's budget should explicitly be based on the Agency's objectives and activities, making the link between the Agency's mission and objectives and its activities and resources.

Amendment  75

Proposal for a regulation

Article 1 – point 6 b (new)

Regulation (EC) No 1406/2002

Article 18 – paragraphs 7 and 8

 

Text proposed by the Commission

Amendment

 

(6b) In Article 18, paragraphs 7 and 8 are replaced by the following:

 

7. The statement of estimates shall be forwarded by the Commission to the Parliament and the Council (hereinafter referred to as the budgetary authority) together with the [...] draft general budget of the European Union.

 

8. On the basis of the statement of estimates, the Commission shall enter in the [...] draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 314 of the TFEU, together with a description of and justification for any difference between the Agency's statement of estimates and the subsidy to be charged to the general budget.

Justification

The first part of the amendment refers to the application of Lisbon Treaty nomenclature. The second aims at providing the budgetary authority with adequate information where the Agency's estimates have been modified by the Commission.

Amendment  76

Proposal for a regulation

Article 1 – point 6 c (new)

Regulation (EC) No 1406/2002

Article 18 – paragraph 10

 

Text proposed by the Commission

Amendment

 

(6c) In Article 18, paragraph 10 is replaced by the following:

 

10. The budget shall be adopted by the Administrative Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly, together with the annual work programme.

Justification

This aims at preventing that, in case of significant budgetary cuts, the Agency finds itself having to carry out the same tasks and activities with significantly reduced resources.

Amendment  77

Proposal for a regulation

Article 1 – point 7

Regulation (EC) No 1406/2002

Article 22 – paragraph 1

 

Text proposed by the Commission

Amendment

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. The Commission shall make available to the Agency any information the latter considers relevant to that evaluation.

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.

Amendment  78

Proposal for a regulation

Article 1 – point 7a (new)

Regulation (EC) No 1406/2002

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(7a) In Article 22, paragraph 2 is replaced by the following:

 

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.

Justification

It should be mentioned that regular evaluations may also result in the reconsideration of the Agency's tasks or existence, should this prove necessary.

Amendment  79

Proposal for a regulation

Article 1 – point 7 b

Regulation (EC) No 1406/2002

Article 22 a (new)

 

Text proposed by the Commission

Amendment

 

Article 22a

Feasibility Study

 

Within one year of the date of entry into force of this Regulation 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.

Amendment  80

Proposal for a regulation

Article 1 – point 7 c

Regulation (EC) No 1406/2002

Article 22 b (new)

 

Text proposed by the Commission

Amendment

 

Article 22b

Progress Report

 

Within [three] years of the date of entry into force of this Regulation 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:

 

(a) an analysis of the gains in effectiveness that have been realised through greater integration of the Agency and the Paris Memorandum of Understanding on Port State Control;

 

 

 

(b) information about the effectiveness and consistency of Member States’ enforcement of Directive 2005/35/EC1 and detailed statistical information about the penalties that have been applied.

 

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

 

____________

 

1 OJ L 255, 30.9.2005, p. 11

Justification

It is important to provide a review point to analyse how the revised Regulation is working and whether further adjustments would be appropriate.

Amendment  81

Proposal for a regulation

Article 1 – point 8

Regulation (EC) No 1406/2002

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

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.

1. The Commission shall be 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 in Article 3 paragraph 1.

Justification

Updating to take account of the entry into force of the Treaty of Lisbon. The Szájer report (adopted by Plenary on 5 May 2010) says Parliament should be on an equal footing with the Council with respect to all aspects of the power of legislative delegation. It also calls for an alignment of existing legislation to reflect the new Treaty provisions.

Amendment  82

Proposal for a regulation

Article 1 – point 8

Regulation (EC) No 1406/2002

Article 23 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

Deleted..

Amendment  83

Proposal for a regulation

Article 1 – point 8 a (new)

Regulation (EC) No 1406/2002

Article 23 a (new)

 

Text proposed by the Commission

Amendment

 

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(1) 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.

Justification

This amendment and the following two adopt the same approach as the Sterckx report on reporting formalities (Directive 2010/65/EU). At a later stage, the amendments concerning delegated acts will be aligned to the Common Understanding on delegated acts.

(1)

Not yet published in OJ.


EXPLANATORY STATEMENT

Introduction

EMSA was set up in response to the pollution caused by the loss of the oil tanker "Erika". It started operating in March 2003. The founding Regulation has been modified three times. This latest revision should aim at long-lasting changes, even if it takes more time to negotiate.

The Commission's proposal

The Commission's proposal is based on a 2008 consultation with EMSA's stakeholders, an external evaluation and a Commission impact assessment. It also reflects EMSA’s 5-year Strategy, adopted by its Administrative Board (where all Member States are represented). The Commission has also published a report (COM(2011)286) showing that an EU oil spill detection and monitoring system reduces costs by around 20% compared to national systems.

EMSA has already been given new tasks as a result of the implementation of the third maritime safety package. It has concluded a number of "stand-by oil spill response vessel contracts" with private operators who will switch from their regular activity into pollution response mode in case of emergency. The Commission proposal would make clear that such vessels could also be used to combat pollution other sources, including oil rigs.

Norway and Iceland are the only third countries who participate in EMSA. The Commission recommends extending the possibility of technical assistance to accession countries, European Neighbourhood partners and countries taking part in the Paris Memorandum of Understanding (MoU).

Parliament's previous positions

Parliament has already established a position on a number of the possible additional tasks for EMSA:

· the de Grandes Pascual report on ship source pollution and on the introduction of penalties for infringements emphasised the need for Member States to ensure that ship-source pollution was effectively deterred;

· the Wortmann-Kool Report on ship-source pollution called for a Commission proposal to establish a common European Coastguard;

· the Sterckx Report on ship reporting formalities said that "the achievement of a European maritime transport space without barriers called for close cooperation [...] in the fields of customs services, public health and transport." It also suggested that the Commission should consider how far SafeSeaNet could be integrated with the River Information System;

· the Meissner Report on an Integrated Maritime Policy urged the Commission to extend EMSA's mandate on safety inspections of offshore installations and the cleaning up of oil spills. It also considered "that there is great potential for involving EMSA more fully in monitoring coastal areas and for providing Member States with more support in tracing marine pollution".

Parliament's Resolution of 7.10.2010 said EMSA's mandate "should be extended from vessels to offshore installations; calls for the conferral of any such new tasks to be reflected in the EMSA's budget and staff numbers".

Council's previous positions

Similarly Council has already adopted various relevant conclusions, particularly on 2-3 December 2010 when it invited the Commission to evaluate "how best use can be made of existing EU civil protection, emergency response and marine safety instruments/capacities also in the offshore oil & gas sector". During the same meeting, Transport Ministers called for full integration of waterborne transport into the EU transport and logistic chains. In particular, they "supported the Commission's plan to launch a pilot project, in cooperation with Member State authorities and EMSA, to refine the 'Blue Belt' concept".

Additional tasks for EMSA

EMSA is generally recognised to be an effective, well-run organisation offering Member States significant savings by operating at a European level with the economies of scale this generates. Much of its work involves advice to Commission and/or Member States.

There is scope to expand EMSA's activities, so that its existing experience and technical services can be applied to a wider range of policies. In particular, its traffic monitoring systems could contribute to the creation of a European maritime space without barriers which would allow goods and passengers to be transported by sea between Member States with no more formalities than if they went by road. This would avoid distorting competition in favour of the less environmentally-friendly mode. Similarly EMSA should advise the Commission on enhancing the mutual compatibility of SafeSeaNet and the River Information System so as to reduce administrative costs.

While the Rapporteur is not proposing the creation of a European coastguard, the Commission's failure to undertake the study required by Directive (EC) 2005/35 is highly regrettable. The Commission should be reminded that it too is bound by European legislation.

Clarifying that the existing stand-by oil response vessels can also be used in case of marine pollution caused by oil and gas platforms seems to offer an effective, cost-efficient option. EMSA already audits classification societies' compliance with EU requirements for shipping. Some of the societies also work with offshore oil & gas installations. EMSA's amended Regulation should therefore make best use of its expertise so it could assist the Commission and Member States in preventing pollution from offshore oil & gas installations and in developing requirements and guidance on the licensing of such exploration and production. The Regulation should also provide for an enhanced role for existing systems such as CleanSeaNet, extend EMSA's inspection functions and examine its potential to carry out an independent audit role with licensing.

EMSA should also advise Commission and Member States on the training and certification of seafarers. Making maritime jobs more attractive to EU citizens is a long-standing shared objective. EMSA is already assisting the Commission with an impact study on the enforcement of the Maritime Labour Convention through EU legislation. It would also be qualified to assist with implementation of the forthcoming Maritime Social Package. EMSA should also facilitate a network of maritime training academies so as to share best practice and ensure high standards.

At present EMSA only acts on behalf of the Commission in checking the preconditions for the recognition of Recognised Organisations. These audits cover requirements with regard to international conventions. They therefore involve almost exactly the same issues as those assessed by Member States. If EMSA were also to carry out the required audits on their behalf, this would result in economies of scale. Additional national requirements would not be excluded.

With regard to port state control, the Paris MoU Secretariat is a separate entity covering Russia and Canada as well as the EU, but EMSA contributes substantially to its work. A redistribution of tasks or an eventual merger could lead to significant efficiency gains.

Giving EMSA greater scope to assist neighbouring countries in reducing pollution risks and responding to pollution seems highly desirable. There is little doubt that, were there to be a pollution incident in the Southern Mediterranean, some of the oil would end up in EU waters. In this case, prevention is clearly better than cure. Adjusting the Regulation to make explicit that EMSA can assist the Commission and Member States in regional bodies responding to marine pollution (e.g. the Helsinki and Barcelona Conventions) offers benefits in terms of legal certainty and transparency.

Governance aspects

As the Commission's proposal recognises, there is a potential conflict of interest for Member State' representatives on the Administrative Board when determining EMSA's visits policy as they are fixing the rules by which their own organisation will be inspected. However, rather than allowing the Agency's operational working methods in the field of inspections to be adopted in comitology, the "delegated acts" provision of the Treaty of Lisbon should be used.

In addition, EU enlargement has altered the balance between Member State representatives and those of the Commission. With 27 Member States, but not with 15, it is theoretically possible that a Director be appointed or dismissed against the wishes of the Commission representatives. A system of weighted votes would maintain the Institutional balance over the long-term.

Budgetary Implications

It is clear that if work is done once by EMSA rather than in each national administration, the cost to the European taxpayer is reduced and real European added value created. This has already been demonstrated by EMSA's maritime surveillance systems. Using these systems to provide information of value to other policy areas is likely to be much more cost effective than creating stand-alone systems.

Additional tasks for EMSA need to be realistically reflected in its budget and staff. Otherwise there would be a threat to its core function of promoting maritime safety.


OPINION of the Committee on Budgets (16.6.2011)

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

(COM(2010)0611 – C7-0343/2010 – 2010/0303(COD))

Rapporteur: Jutta Haug

SHORT JUSTIFICATION

The objective of the proposed measure is to amend Regulation 1406/2002 by clarifying EMSA's existing tasks and role as well as by extending EMSA's tasks to new areas under development at international and/or EU level.

General aspects and the Interinstitutional working group on agencies

Your Rapporteur has taken good note of the proposed extension of tasks, and of the Commission's impact assessment carried out in this respect. She would like to draw the BUDG and TRAN committees' attention that further impact assessments should be carried out on the opportunity and consequences of any additional task that would be proposed by the lead committee (c.f. working document by the lead Rapporteur, EESC opinion), including in budgetary and staff terms, in line with the Inter-Institutional Common Approach to Impact Assessment (IA) regarding substantive amendments.

Your Rapporteur takes the view that the advancement of the works of the IWG also makes it possible to integrate its first conclusions on governance issues already in the present opinion. These conclusions have already been endorsed by the three institutions on their last meeting of 23 March 2011. They have resulted in the amendments below dealing with:

- enhancing Parliament's scrutiny powers on the agency's multi-annual strategy (opinion) and annual work programme,

- monitoring tasks of the management Board, and the corresponding required skills of its members,

- the setting-up of an executive Board,

- preventing any conflict of interest within the Management Board,

- the establishment of tailored indicators to assess the agency's performance,

- the regular evaluation of the agency.

Budgetary issues

On strictly budget related issues, your Rapporteur identified a need for further clarification in the financial statement and the proposal's budgetary implications:

- The financial statement seems erroneous since one additional post within DG MOVE is mentioned that is though already assigned to the management of the activity. Your Rapporteur will make sure that this will not result in additional spending (the impact is some EUR 0.5 million for four years).

- On the redeployment of 6 staff within the agency to cope with the new tasks, the timing and the activities from which the redeployment will be made deserve further clarification.

- Further information will also be needed on the precise resource implication of the agencies' new tasks that are not included in the regulation: the sections related to 'the human element' and 'e-maritime' in the administrative board's multi-annual strategy.

- Finally, it will be examined how much can be expected from the collection of fees stemming from the exchange of maritime data, and also what guarantee there is that the legislative authority keeps a say on any other source of revenue for the agency, despite the general wording of the new provision.

AMENDMENTS

The Committee on Budgets calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Draft legislative resolution

Paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Stresses that point 47 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management should apply for the extension of tasks of the European Maritime Safety Agency; emphasises that any decision of the legislative authority in favour of such an extension of tasks shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

Justification

Reiterating Parliament's budgetary prerogatives.

Amendment  2

Proposal for a regulation - amending act

Recital 3

Text proposed by the Commission

Amendment

(3) Based on the findings of the external evaluation, the recommendations by the Administrative Board and the multi-annual strategy, some provisions of Regulation (EC) No 1406/2002 should be clarified and updated. Furthermore, the Agency should receive a number of additional tasks reflecting the development of the maritime safety policy at EU and international level. Considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency. This should allow one third of additional staffing needs for new tasks to be covered through internal redeployment by the Agency.

(3) Based on the findings of the external evaluation, the recommendations by the Administrative Board and the multi-annual strategy adopted by that Board in March 2010, some provisions of Regulation (EC) No 1406/2002 should be clarified and updated. Furthermore, the Agency should receive a number of additional tasks reflecting the development of the maritime safety policy at EU and international level. Considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency. This should allow one third of additional staffing needs for new tasks to be covered through internal redeployment by the Agency.

Justification

The legal act should be sufficiently precise when referring to the source of its contents.

Amendment  3

Proposal for a regulation - amending act

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities 1 (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 2 (IIA of 17 May 2006), and in particular point 47 thereof, should be taken into account.

 

1 OJ L 248, 16.9.2002, p. 1.

 

2 OJ C 139, 14.6.2006, p. 1.

Justification

The Financial Regulation (art 185) and the Interinstitutional Agreement on budgetary management and budgetary discipline (Art. 47) should be referred to as legal basis for the establishment of a new EU agency.

Amendment  4

Proposal for a regulation - amending act

Article 1 – point 3 - point a

Regulation (EC)1406/2002

Article 10 – paragraph 2

 

Text proposed by the Commission

Amendment

(a) the point (c) is replaced by the following:

(a) points (b) and (c) are replaced by the following:

 

'(b) adopt the annual report on the Agency's activities and forward it by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States.

 

The Agency shall annually forward to the budgetary authority all information regarding the outcome of the evaluation procedures;

'(c) examine, in the framework of the preparation of the work programme, requests from Member States for technical assistance, as referred to in Article 2(3);

(c) examine, in the framework of the preparation of the work programme, requests from Member States for technical assistance, as referred to in Article 2(3);

(ca) adopt a multi-annual strategy for the Agency covering a period of five years ahead taking the opinion of the Commission into account;

(ca) adopt a multi-annual strategy for the Agency covering a period of five years ahead taking the opinions of the Parliament and the Commission into account;

(cb) adopt the multi-annual staff policy plan of the Agency;'

(cb) adopt the multi-annual staff policy plan of the Agency;'

Justification

The first modification aims at making clear that the Agency cannot itself consider what is relevant for the Parliament. The second aims at enshrining in the regulation that the Parliament should be consulted for the adoption of the agencies' multi-annual strategy (IWG).

Amendment  5

Proposal for a regulation - amending act

Article 1 – point 3 – point d a (new)

Regulation (EC)1406/2002

Article 10 – paragraph 2 – point (h)

 

Text proposed by the Commission

Amendment

 

(da) point (h) is replaced by the following:

 

'(h) perform its duties in relation to the Agency's budget pursuant to Articles 18, 19 and 21 and monitor and give adequate follow-up to the findings and recommendations stemming from various audit reports and evaluations, whether internal or external;'

Justification

For a better ownership and follow-up of audit and evaluations findings, the Management Board, to whom the Director is accountable, should explicitly be entrusted with their monitoring (IWG)

Amendment  6

Proposal for a regulation - amending act

Article 1 – point 3 a (new)

Regulation (EC)1406/2002

Article 11

 

Text proposed by the Commission

Amendment

 

(3a) Article 11 is amended as follows:

 

(a) paragraph 1 is replaced by the following:

 

'1. The Administrative Board shall be composed of one representative of each Member State and four representatives of the Commission, as well as of four professionals from the sectors most concerned, nominated by the Commission, without the right to vote.

 

Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships. They shall also have the necessary managerial, administrative and budgetary skills to fulfil the tasks listed in Article 10.

 

Members of the Administrative Board shall make a written declaration of commitments and a written declaration indicating any direct or indirect interest which might be considered prejudicial to their independence. They shall declare at each meeting any interest which might be considered prejudicial to their independence in relation to the items on the agenda and abstain from participating in the discussions and voting on such points.'

 

(b) paragraph 3 is replaced by the following:

 

'3. The duration of the term of office shall be four years. The term of office may be renewed once.'

Justification

The skills of the members of the Management Board should be in line with the functions assigned to them. Besides, there should be a provision aimed at preventing any conflict of interest and the duration of their mandate should be aligned with other agencies' (IWG).

Amendment  7

Proposal for a regulation - amending act

Article 1 – point 3 b (new)

Regulation (EC)1406/2002

Article 14 a (new)

 

Text proposed by the Commission

Amendment

 

(3b) The following article is inserted:

 

'Article 14a

Executive Board

 

1. An Executive Board, composed of members of the Administrative Board including two representatives of the Commission, shall be set up. Its size shall not exceed one third of that of the Administrative Board. It shall meet at least on a quarterly basis.

 

2. The Executive Board shall have a clear formal mandate from the Administrative Board. Its tasks shall include monitoring the implementation of the Administrative Board's decisions, tackling administrative and budgetary issues on behalf of the Administrative Board, and preparing decisions, programmes and activities to be adopted by the Administrative Board. The Executive Board shall be accountable to the Administrative Board; in this context it shall submit an activity report to each Administrative Board meeting.'

Justification

An executive board should be set up aiming at reinforcing supervision of administrative and budgetary management through the preparation of Management Board decisions (IWG).

Amendment  8

Proposal for a regulation - amending act

Article 1 – point 4 – point (a)

Regulation (EC)1406/2002

Article 15 – paragraph 2 – points (a) and (b)

 

Text proposed by the Commission

Amendment

(a) in paragraph 2, the points (a) and (b) are replaced by the following:

(a) in paragraph 2, points (a) and (b) are replaced by the following:

'(a) he shall prepare the multi-annual strategy of the Agency and submit it to the Administrative Board after consultation of the Commission at least 8 weeks before the relevant Board meeting;

'(a) he shall prepare the multi-annual strategy of the Agency and submit it to the Administrative Board after consultation of the Parliament and of the Commission at least 8 weeks before the relevant Board meeting;

(aa) he shall prepare the multi-annual staff policy plan of the Agency and submit it to the Administrative Board after consultation of the Commission;

(aa) he shall prepare the multi-annual staff policy plan of the Agency and submit it to the Administrative Board after consultation of the Commission;

(ab) he shall prepare the annual work programme and the detailed plan for the Agency's pollution preparedness and response activities, and submit them to the Administrative Board after consultation of the Commission at least 8 weeks before the relevant Board meeting. He shall take the necessary steps for their implementation. He shall respond to any requests for assistance from a Member State in accordance with Article 10(2)(c);

(ab) he shall prepare the annual work programme, with an indication of the expected human and financial resources allocated to each activity, and the detailed plan for the Agency's pollution preparedness and response activities, and submit them to the Administrative Board after consultation of the Commission at least 8 weeks before the relevant Board meeting. He shall reply positively to any invitation by the European Parliament's competent committee to present and hold an exchange of views on the annual work programme. He shall take the necessary steps for their implementation. He shall respond to any requests for assistance from a Member State in accordance with Article 10(2)(c);

(b) he shall decide to carry out the inspections provided for in Article 3, after consultation of the Commission and in line with the requirements referred to in the same Article 3. He shall cooperate closely with the Commission in the preparation of the measures referred to in Article 3(2);

(b) he shall decide to carry out the inspections provided for in Article 3, after consultation of the Commission and in line with the requirements referred to in the same Article 3. He shall cooperate closely with the Commission in the preparation of the measures referred to in Article 3(2);'

Justification

The first modification aims at enshrining in the regulation that the Parliament should be consulted for the adoption of the agencies' multi-annual strategy (IWG). The second is in line with the principles of ABM-ABB: the Agency's work programme and annual activity report should provide information on the resources allocated to the activities which are necessary to reach the Agency's objectives. The third aims at formalising the practice of having exchange of views between the Director and the competent committee on the annual work programme.

Amendment  9

Proposal for a regulation - amending act

Article 1 – point 4 – point (b)

Regulation (EC)1406/2002

Article 15 – paragraph 2 – point (d)

 

Text proposed by the Commission

Amendment

'(d) he shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its objectives and tasks as laid down in this Regulation. He shall ensure that the Agency's organisational structure will be regularly adapted to the evolving needs within the available financial and human resources. On this basis the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. The report shall include a dedicated section concerning the financial execution of the detailed plan for the Agency's pollution preparedness and response activities and give an update of the status of all actions funded under that plan. He shall establish regular evaluation procedures that meet recognised professional standards;'

'(d) he shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its objectives and tasks as laid down in this Regulation. To this end, he shall establish, in agreement with the Commission, tailored performance indicators allowing for an effective assessment of the results achieved. He shall ensure that the Agency's organisational structure will be regularly adapted to the evolving needs within the available financial and human resources. On this basis the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. The report shall include a dedicated section concerning the financial execution of the detailed plan for the Agency's pollution preparedness and response activities and give an update of the status of all actions funded under that plan. He shall establish regular evaluation procedures that meet recognised professional standards;'

Justification

In line with the principles of Activity based management and Activity based budgeting (ABM-ABB), the Agency's work programme and annual activity report should provide information on the resources allocated to the activities which are necessary to reach the Agency's objectives and on the overall performance in achieving these objectives.

Amendment  10

Proposal for a regulation - amending act

Article 1 – point 5

Regulation (EC)1406/2002

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

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. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote.

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.

Justification

It should be made explicit that any Parliament's opinion on the selected candidate shall be taken into consideration before its appointment.

Amendment  11

Proposal for a regulation - amending act

Article 1 – point 5

Regulation (EC)1406/2002

Article 16 – paragraph 2

 

Text proposed by the Commission

Amendment

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. 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. If the term of office is not extended, the Executive Director shall remain in office until the appointment of his/her successor.

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 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.

Justification

The renewal of the Director's mandate should be for the same duration as for the first mandate. Any opinion given by Parliament on the selected candidate shall be taken into consideration before its appointment.

Amendment  12

Proposal for a regulation - amending act

Article 1 – point 6 a (new)

Regulation (EC)1406/2002

Article 18 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(6a) In Article 18, paragraph 3 is replaced by the following:

 

'3. The Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following year, on the basis of activity-based budgeting, and shall forward it to the Administrative Board, together with a draft establishment plan.'

Justification

In line with the principles of Activity based management and Activity based budgeting (ABM-ABB), the Agency's budget should explicitly be based on the Agency's objectives and activities, making the link between the Agency's mission and objectives and its activities and resources.

Amendment  13

Proposal for a regulation - amending act

Article 1 – point 6 b (new)

Regulation (EC)1406/2002

Article 18 – paragraphs 7 and 8

 

Text proposed by the Commission

Amendment

 

(6b) In Article 18, paragraphs 7 and 8 are replaced by the following:

 

'7. The statement of estimates shall be forwarded by the Commission to the Parliament and the Council (hereinafter referred to as the budgetary authority) together with the [...] draft general budget of the European Union.

 

8. On the basis of the statement of estimates, the Commission shall enter in the [...] draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 314 of the TFEU, together with a description of and justification for any difference between the Agency's statement of estimates and the subsidy to be charged to the general budget.'

Justification

The first part of the amendment refers to the application of Lisbon Treaty nomenclature. The second aims at providing the budgetary authority with adequate information where the Agency's estimates have been modified by the Commission.

Amendment  14

Proposal for a regulation - amending act

Article 1 – point 6 c (new)

Regulation (EC)1406/2002

Article 18 – paragraph 10

 

Text proposed by the Commission

Amendment

 

(6c) In Article 18, paragraph 10 is replaced by the following:

 

'10. The budget shall be adopted by the Administrative Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly, together with the annual work programme.'

Justification

This aims at preventing that, in case of significant budgetary cuts, the Agency finds itself having to carry out the same tasks and activities with significantly reduced resources.

Amendment  15

Proposal for a regulation - amending act

Article 1 – point 7

Regulation (EC)1406/2002

Article 22 – paragraphs 1 and 2

 

Text proposed by the Commission

Amendment

(7) In Article 22, paragraph 1 is replaced by the following:

(7) In Article 22, paragraphs 1 and 2 are 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. The Commission shall make available to the Agency any information the latter considers relevant to that evaluation.'

'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. The Commission shall make available to the Agency any information the latter considers relevant to that evaluation.

 

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.'

Justification

It should be mentioned that regular evaluations may also result in the reconsideration of the Agency's tasks or existence, should this prove necessary.

PROCEDURE

Title

Amendment of Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

References

COM(2010)0611 – C7-0343/2010 – 2010/0303(COD)

Committee responsible

       Date announced in plenary

TRAN

10.11.2010

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

10.11.2010

 

 

 

Rapporteur(s)

       Date appointed

Jutta Haug

18.11.2010

Jutta Haug

18.11.2010

Jutta Haug

18.11.2010

Jutta Haug

18.11.2010

Rule 51 – joint committee meetings

       Date announced in plenary

       

 

Date adopted

15.6.2011

 

 

 

Result of final vote

+:

–:

0:

37

1

0

Members present for the final vote

Damien Abad, Alexander Alvaro, Marta Andreasen, Francesca Balzani, Reimer Böge, Lajos Bokros, Andrea Cozzolino, Jean-Luc Dehaene, Isabelle Durant, James Elles, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Jens Geier, Ivars Godmanis, Estelle Grelier, Jutta Haug, Monika Hohlmeier, Sidonia Elżbieta Jędrzejewska, Anne E. Jensen, Sergej Kozlík, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, Vladimír Maňka, Barbara Matera, Claudio Morganti, Nadezhda Neynsky, Miguel Portas, László Surján, Helga Trüpel, Angelika Werthmann, Jacek Włosowicz

Substitute(s) present for the final vote

Frédéric Daerden, Edit Herczog, Jan Mulder, María Muñiz De Urquiza


OPINION of the Committee on the Environment, Public Health and Food Safety (19.4.2011)

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

(COM(2010)0611 – C7-0343/2010 – 2010/0303(COD))

Rapporteur: Bart Staes

SHORT JUSTIFICATION

The recent Deepwater Horizon oil spill in the Gulf of Mexico has highlighted the need to focus on issues surrounding maritime safety and prevention of pollution in the EU's marine environment. The European Parliament began looking at these issues in its resolution of 7 October 2010 on EU action on oil exploration and extraction in the EU (promoted initially by the Committee on the Environment, Public Health and Food Safety).

This proposed Regulation amending Regulation (EC) No. 1406/2002 establishing a European Maritime Safety Agency (EMSA), represents a first legislative opportunity for Parliament to examine ways of strengthening the existing functions of EMSA so as to further environmental protection objectives and accident response capacity in EU waters.

The proposed Regulation should make best use of the Agency's expertise and strengthen its role in assisting and supporting the Commission and Member States in relation to the prevention of pollution from offshore oil and gas installations and in the development of requirements and guidance on the licensing of oil and gas exploration and production. The proposed Regulation should also provide for an enhanced role for systems such as CleanSeaNet and the electronic detection system, used by EMSA in its existing work and extend EMSA's inspection functions.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment   1

Proposal for a regulation - amending act

Recital 6

Text proposed by the Commission

Amendment

(6) The Agency should enhance its assistance to the Commission regarding research activities related to its field of competences. However, double work with the existing EU research framework should be avoided. In particular, the Agency should not be in charge of the management of research projects.

(6) The Agency should enhance its assistance to the Commission regarding research activities related to its field of competences. However, duplication with the existing EU 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, that there is no duplication and that any confusion is avoided.

Amendment  2

Proposal for a regulation - amending act

Recital 8

Text proposed by the Commission

Amendment

(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.

(8) Recent events highlighted the risks of offshore oil and gas exploration and production and transport activities to maritime transport, the marine environment and coastal areas. The use of the Agency's response capabilities should be explicitly extended to cover prevention of and 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 (including transport 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. The Agency should in particular, through its existing satellite monitoring and surveillance service, assist the Commission and the Member States in detecting and dealing with the effects of oil spills emanating from offshore oil and gas installations.

Amendment  3

Proposal for a regulation – amending act

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) The extension of the tasks and responsibilities of the Agency relating to offshore oil and gas installations should be appropriately reflected in the budget adopted under Article 18 of Regulation (EC) No 1406/2002, and should result in an increase in the number of its staff and in its accident response capacity, if necessary to enable the Agency to carry out those new tasks effectively.

Amendment  4

Proposal for a regulation – amending act

Recital 8 b (new)

Text proposed by the Commission

Amendment

 

(8b) The Agency's existing electronic detection system could usefully be deployed for additional types of vessels given its potential to improve the efficiency of marine transport and thus provide incentives for moving freight from road to sea transport.

Amendment  5

Proposal for a regulation - amending act

Recital 10

Text proposed by the Commission

Amendment

(10) The Agency has established itself as the authoritative provider of maritime traffic data at EU level which are of interest and relevance in other EU 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 EU level regarding certain coastguard operations. In addition, the Agency's data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production.

(10) The Agency has established itself as the authoritative provider of maritime traffic data at EU level which are of interest and relevance in other EU 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 reinforcing synergies at EU level regarding certain coastguard operations. Furthermore, a study should be carried out to examine whether the Agency, acting as a European coastguard service, should take over these tasks in future,in order to enable swifter, more effective action by the authorities. In addition, the Agency's data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production and transport.

Amendment  6

Proposal for a regulation – amending act

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) 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.

Amendment  7

Proposal for a regulation - amending act

Recital 12

Text proposed by the Commission

Amendment

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

(12)The Agency carries out inspections in order to assist the Commission in the assessment of the effective implementation of EU law. The roles of the Agency, the Commission, the Member States and the Administrative Board should be clearly defined. In particular, the Agency should carry out inspections in third countries in the Mediterranean, Black Sea and Baltic Sea Regions in whose waters oil and gas exploration and production is taking place, and assist those third countries in strengthening their capacity to improve the safety of their offshore operations. Cooperation with third countries in carrying out tasks should be strengthened in order to enable swifter action.

Amendment 8

Proposal for a regulation - amending act

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 1 - paragraph 2

 

Text proposed by the Commission

Amendment

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 the Union legislation properly in the field of maritime safety, maritime security, prevention of pollution caused by ships, to monitor its implementation and to evaluate the effectiveness of the measures in place.

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 the relevant legislation properly in the field of maritime safety, maritime security, marine protection of the environment in particular ensuring the prevention of pollution caused by ships, by offshore oil and gas installations including both oil and gas drilling platforms and pipeline terminals, to monitor its implementation and to evaluate the effectiveness of the measures in place.

Amendment  9

Proposal for a regulation – amending act

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 1 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The Agency shall also support existing cross-border coastal coordination networks with a view to developing cooperation, focusing more explicitly on disaster prevention, thereby enabling the networks to benefit both from technical and scientific assistance from the Agency and from the detailed knowledge that regional and local authorities have of specific features and local conditions.

Amendment  10

Proposal for a regulation - amending act

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 - paragraph 1

 

Text proposed by the Commission

Amendment

1. In order to ensure that the objectives set out in Article 1 are met in the appropriate manner, the Agency shall perform the tasks listed in paragraph 2 of this Article in the fields of maritime safety and maritime security, the prevention of pollution caused by ships and response to marine pollution.

1. In order to ensure that the objectives set out in Article 1 are met in the appropriate manner, the Agency shall perform the tasks listed in paragraph 2 of this Article in the fields of maritime safety and maritime security, the prevention of pollution caused by ships and by offshore oil and gas installations (including mobile and transport installations and pipeline terminals), and response to marine pollution.

Amendment  11

Proposal for a regulation – amending act

Article 1 - point 1

Regulation (EC) No 1406/2002

Article 2 - paragraph 2 - point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) in the development of requirements or any guidance relating to the licensing of oil and gas exploration and production in the marine environment and, in particular, the environmental and civil protection aspects thereof;

Amendment  12

Proposal for a regulation - amending act

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 2 - paragraph 3 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) extend the use of the existing electronic detection system to additional types of vessels.

Amendment  13

Proposal for a regulation – amending act

Article 1 - point 1

Regulation (EC) No 1406/2002

Article 2 - paragraph 4 - point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) through its satellite monitoring and surveillance service, known as "Clean SeaNet" and established under Article 10 of Directive 2005/35/EC, in detecting and cleaning up pollution caused to the marine environment by minor oil spills emanating from offshore oil and gas installations.

Amendment  14

Proposal for a regulation - amending act

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 3 - paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

1. In order to perform the tasks entrusted to it and to assist the Commission in fulfilling its duties under the Treaty in particular the assessment of the effective implementation of Union law, the Agency shall carry out inspections in the Member States.

1. In order to perform the tasks entrusted to it and to assist the Commission in fulfilling its duties under the Treaty 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.

Justification

EMSA could also play a role in the scrutiny of Environmental Impact Assessments (EIA) for offshore activities to avoid detrimental environmental impacts on highly sensitive marine ecosystems.

Amendment  15

Proposal for a regulation - amending act

Article 1 – point 1

Regulation (EC) No 1406/2002

Article 3 - paragraph 1 – subparagraph 3

 

Text proposed by the Commission

Amendment

In addition, the Agency shall carry out inspections on behalf of the Commission in third countries as required by EU legislation, in particular regarding organisations recognised by the Union in accordance with Regulation (EC) 391/2009 of the European Parliament and of the Council and the training and certification of seafarers in accordance with Directive 2008/106/EC of the European Parliament and of the Council.

In addition, the Agency shall carry out inspections on behalf of the Commission in third countries as required by EU legislation, in particular regarding organisations recognised by the Union in accordance with Regulation (EC) 391/2009 of the European Parliament and of the Council and the training and certification of seafarers in accordance with Directive 2008/106/EC of the European Parliament and of the Council. The Agency shall in particular carry out inspections in third countries in the Mediterranean, Black Sea and Baltic Sea Regions in whose waters oil and gas exploration and production is taking place, and assist those third countries in strengthening their capacity to improve the safety of their offshore operations.

Amendment  16

Proposal for a regulation – amending act

Article 1 - point 1

Regulation (EC) No 1406/2002

Article 3 - paragraph 3

 

Text proposed by the Commission

Amendment

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 of the measures in place. The Agency shall present this analysis to the Commission for further discussion with Member States.

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 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.

Amendment  17

Proposal for a regulation - amending act

Article 1 – point 2

Regulation (EC) No 1406/2002

Article 5 - paragraph 3

 

Text proposed by the Commission

Amendment

3. At the request of the Commission, the Administrative Board may decide, with the agreement 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.

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.

Amendment  18

Proposal for a regulation - amending act

Article 1 – point 5

Regulation (EC) No 1406/2002

Article 16 - paragraph 1

 

Text proposed by the Commission

Amendment

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. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote.

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 gender equality, competence and experience relevant for maritime safety, maritime security, prevention of pollution caused by ships, by offshore oil and gas installations including pipeline terminals 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. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote.

Amendment  19

Proposal for a regulation - amending act

Article 1 – point 5

Regulation (EC) No 1406/2002

Article 16 - paragraph 4

 

Text proposed by the Commission

Amendment

4. The Heads of Department shall be appointed 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.

4. The Heads of Department shall be appointed on grounds of merit and documented administrative and managerial skills, as well as gender equality, 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.

PROCEDURE

Title

Amendment of Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

References

COM(2010)0611 – C7-0343/2010 – 2010/0303(COD)

Committee responsible

TRAN

Opinion by

       Date announced in plenary

ENVI

10.11.2010

 

 

 

Rapporteur

       Date appointed

Bart Staes

30.11.2010

 

 

Discussed in committee

16.3.2011

 

 

 

Date adopted

19.4.2011

 

 

 

Result of final vote

+:

–:

0:

58

2

0

Members present for the final vote

János Áder, Kriton Arsenis, Sophie Auconie, Paolo Bartolozzi, Sergio Berlato, Martin Callanan, Nessa Childers, Chris Davies, Esther de Lange, Anne Delvaux, Bas Eickhout, Edite Estrela, Karl-Heinz Florenz, Elisabetta Gardini, Gerben-Jan Gerbrandy, Julie Girling, Nick Griffin, Françoise Grossetête, Cristina Gutiérrez-Cortines, Satu Hassi, Jolanta Emilia Hibner, Dan Jørgensen, Christa Klaß, Holger Krahmer, Jo Leinen, Peter Liese, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Paul Nuttall, Vladko Todorov Panayotov, Gilles Pargneaux, Antonyia Parvanova, Sirpa Pietikäinen, Mario Pirillo, Pavel Poc, Vittorio Prodi, Anna Rosbach, Oreste Rossi, Dagmar Roth-Behrendt, Carl Schlyter, Richard Seeber, Bogusław Sonik, Claudiu Ciprian Tănăsescu, Salvatore Tatarella, Glenis Willmott, Sabine Wils, Marina Yannakoudakis

Substitute(s) present for the final vote

João Ferreira, Matthias Groote, Jutta Haug, Michèle Rivasi, Birgit Schnieber-Jastram, Renate Sommer, Bart Staes, Struan Stevenson, Eleni Theocharous, Marianne Thyssen, Giommaria Uggias, Anna Záborská

Substitute(s) under Rule 187(2) present for the final vote

George Sabin Cutaş


PROCEDURE

Title

Amendment of Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

References

COM(2010)0611 – C7-0343/2010 – 2010/0303(COD)

Date submitted to Parliament

28.10.2010

 

 

 

Committee responsible

       Date announced in plenary

TRAN

10.11.2010

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

10.11.2010

ENVI

10.11.2010

ITRE

10.11.2010

 

Not delivering opinions

       Date of decision

ITRE

1.12.2010

 

 

 

Rapporteur(s)

       Date appointed

Knut Fleckenstein

7.12.2010

 

 

 

Discussed in committee

12.4.2011

21.6.2011

10.10.2011

 

Date adopted

11.10.2011

 

 

 

Result of final vote

+:

–:

0:

35

5

2

Members present for the final vote

Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Ryszard Czarnecki, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Dieter-Lebrecht Koch, Jaromír Kohlíček, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Marian-Jean Marinescu, Gesine Meissner, Mike Nattrass, Hubert Pirker, David-Maria Sassoli, Vilja Savisaar-Toomast, Olga Sehnalová, Debora Serracchiani, Brian Simpson, Keith Taylor, Silvia-Adriana Ţicău, Georgios Toussas, Giommaria Uggias, Thomas Ulmer, Peter van Dalen, Dominique Vlasto, Artur Zasada, Roberts Zīle

Substitute(s) present for the final vote

Dominique Riquet, Laurence J.A.J. Stassen

Substitute(s) under Rule 187(2) present for the final vote

Margrete Auken, Peter Simon

Date tabled

25.10.2011

Last updated: 10 November 2011Legal notice