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From · opinion parliamentary committee draft · 2023-10-03 BUDG-PA-753727 on the proposal for a regulation of the European Parliament and of the Council on European Maritime Safety Agency and repealing regulation (EC) No 1406/2002
To · Plenary report · 2023-12-08 A-9-2023-0423 on the proposal for a regulation of the European Parliament and of the Council on the European Maritime Safety Agency and repealing Regulation (EC) No 1406/2002
+568 added · −56 removed · 18 modified paragraphs

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2023)0269 – C90190/2023 – 2023/0163(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0269),

– 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 (C90190/2023),

– 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 20 September 2023,

– after consulting the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Budgets and of the Committee on Fisheries,

– having regard to the report of the Committee on Transport and Tourism (A9-0423/2023),

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

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

Amendment 1

Proposal for a regulation

Recital 1 a (new)

Amendment 2

Proposal for a regulation

Recital 8

Amendment 3

Proposal for a regulation

Recital 10

Amendment 4

Proposal for a regulation

Recital 11

Justification

The importance of having a legislative financial statement whenever new tasks are assigned.

Amendment 5

Proposal for a regulation

Recital 11 a (new)

Amendment 6

Proposal for a regulation

Recital 12

Amendment 7

Proposal for a regulation

Recital 13

Justification

The importance of mentioning the entire maritime ecosystem.

Amendment 8

Proposal for a regulation

Recital 14

Justification

There should be a European framework on accidents investigations to reduce current disparities across Member States.

Amendment 9

Proposal for a regulation

Recital 14 a (new)

Amendment 10

Proposal for a regulation

Recital 16

Justification

International role of EMSA due to its expertise.

Amendment 11

Proposal for a regulation

Recital 17

Amendment 12

Proposal for a regulation

Recital 18

Amendment 13

Proposal for a regulation

Recital 19

Justification

EMSA provides assistance to the implementation of sanctions against Russia and to the United Nations bodies on the “grain corridors”.

Amendment 14

Proposal for a regulation

Recital 20

Amendment 15

Proposal for a regulation

Recital 22

Amendment 16

Proposal for a regulation

Recital 23

Amendment 17

Proposal for a regulation

Recital 25

Justification

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

Amendment 18

Proposal for a regulation

Recital 27

Justification

The fees imposed to the maritime stakeholders should be proportional.

Amendment 19

Proposal for a regulation

Recital 28

Amendment 20

Proposal for a regulation

Recital 33

Amendment 21

Proposal for a regulation

Recital 33 a (new)

Amendment 22

Proposal for a regulation

Recital 34 a (new)

Amendment 23

Proposal for a regulation

Article 2 – paragraph 1

Amendment 24

Proposal for a regulation

Article 2 – paragraph 2

Amendment 25

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Amendment 26

Proposal for a regulation

Article 3 – paragraph 4

Amendment 27

Proposal for a regulation

Article 4 – paragraph 1

Amendment 28

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1

Amendment 29

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 1

Amendment 30

Proposal for a regulation

Article 4 – paragraph 7

Amendment 31

Proposal for a regulation

Article 4 – paragraph 9

Amendment 32

Proposal for a regulation

Article 5 – paragraph 2 – point d a (new)

Amendment 33

Proposal for a regulation

Article 5 – paragraph 5

Amendment 34

Proposal for a regulation

Article 6 – paragraph 1

Amendment 35

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Amendment 36

Proposal for a regulation

Article 6 – paragraph 2

Amendment 37

Proposal for a regulation

Article 6 – paragraph 5 – subparagraph 1 a (new)

Amendment 38

Proposal for a regulation

Article 6 – paragraph 6

Amendment 39

Proposal for a regulation

Article 7 – paragraph 1

Amendment 40

Proposal for a regulation

Article 7 – paragraph 2

Amendment 41

Proposal for a regulation

Article 8 – paragraph 1

Amendment 42

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 1 – introductory part

Amendment 43

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 1 – point c

Amendment 44

Proposal for a regulation

Article 9 – paragraph 2 – point d

Amendment 45

Proposal for a regulation

Article 9 – paragraph 3

Amendment 46

Proposal for a regulation

Article 10 – paragraph 6

Amendment 47

Proposal for a regulation

Article 11 – paragraph 1 – subparagraph 1

Amendment 48

Proposal for a regulation

Article 11 – paragraph 2

Amendment 49

Proposal for a regulation

Article 11 – paragraph 3

Amendment 50

Proposal for a regulation

Article 11 – paragraph 4

Amendment 51

Proposal for a regulation

Article 11 – paragraph 5

Amendment 52

Proposal for a regulation

Article 11 – paragraph 6

Amendment 53

Proposal for a regulation

Article 12 – paragraph 1 – point d

Amendment 54

Proposal for a regulation

Article 12 – paragraph 1 – point e a (new)

Amendment 55

Proposal for a regulation

Article 12 – paragraph 1 – point e b (new)

Amendment 56

Proposal for a regulation

Article 12 – paragraph 1 – point e c (new)

Amendment 57

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 2

Amendment 58

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 2 a (new)

Amendment 59

Proposal for a regulation

Article 15 – paragraph 2

Amendment 60

Proposal for a regulation

Article 16 – paragraph 1 – point g

Amendment 61

Proposal for a regulation

Article 16 – paragraph 1 – point j

Amendment 62

Proposal for a regulation

Article 16 – paragraph 1 – point l

Amendment 63

Proposal for a regulation

Article 16 – paragraph 1 – point u

Amendment 64

Proposal for a regulation

Article 16 – paragraph 1 – point v

Amendment 65

Proposal for a regulation

Article 16 – paragraph 1 – point x

Amendment 66

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1

Amendment 67

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2

Amendment 68

Proposal for a regulation

Article 19 – paragraph 3

Amendment 69

Proposal for a regulation

Article 20 – paragraph 2

Amendment 70

Proposal for a regulation

Article 20 – paragraph 3

Amendment 71

Proposal for a regulation

Article 21 – paragraph 2 – point a a (new)

Amendment 72

Proposal for a regulation

Article 21 – paragraph 4

Amendment 73

Proposal for a regulation

Article 21 – paragraph 6 a (new)

Amendment 74

Proposal for a regulation

Article 22 – paragraph 1

Amendment 75

Proposal for a regulation

Article 22 – paragraph 1 a (new)

Amendment 76

Proposal for a regulation

Article 22 – paragraph 4

Amendment 77

Proposal for a regulation

Article 22 – paragraph 6

Amendment 78

Proposal for a regulation

Article 22 – paragraph 6 a (new)

Amendment 79

Proposal for a regulation

Article 23 – paragraph 4

Amendment 80

Proposal for a regulation

Article 23 – paragraph 4 – point a (new)

Amendment 81

Proposal for a regulation

Article 23 – paragraph 4 – point b (new)

Amendment 82

Proposal for a regulation

Article 23 – paragraph 5 – point a

Amendment 83

Proposal for a regulation

Article 26 – paragraph 3 – point c

Amendment 84

Proposal for a regulation

Article 27 – paragraph 8

Amendment 85

Proposal for a regulation

Article 32 – paragraph 4 a (new)

Amendment 86

Proposal for a regulation

Article 32 – paragraph 5

Justification

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

Amendment 87

Proposal for a regulation

Article 33 – title

Amendment 88

Proposal for a regulation

Article 33 – paragraph 1

Amendment 89

Proposal for a regulation

Article 33 – paragraph 4 a (new)

Amendment 90

Proposal for a regulation

Article 33 – paragraph 4 b (new)

Amendment 91

Proposal for a regulation

Article 33 a (new)

Amendment 92

Proposal for a regulation

Article 38 – paragraph 1

Amendment 93

Proposal for a regulation

Article 38 – paragraph 3

Amendment 94

Proposal for a regulation

Article 41 – paragraph 1

EXPLANATORY STATEMENT

Historical background

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

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

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

Objectives of the proposal

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

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

Interaction with other proposals of the Maritime Safety package

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

Budgetary implications

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

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

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

Rapporteur’s position

General Considerations

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

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

Presentation of rapporteur’s amendments

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

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

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

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

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

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

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

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

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

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

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

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur.

8.11.2023

OPINION OF THE COMMITTEE ON BUDGETS

for the Committee on Transport and Tourism

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

(COM(2023)0269 – C90190/2023 – 2023/0163(COD))

Rapporteur for opinion: Niclas Herbst

SHORT JUSTIFICATION

The Rapporteur instead estimates that some proposed changes are not in line with the Common Approach. He therefore proposes re-establish a better balance of power between the Commission and the agency and most importantly removes the Commission’s veto right over administrative and budgetary decisions taken by the Management Board where it in any case has a voting right in accordance with standard practice in agency governance.

Autonomy in budgetary and administrative decision-making is important for the Authority’sAgencies effectiveness. Other amendments seek to enhance parliamentary scrutiny and accountability.

Fees

Proposal for a regulation

Recital 33

Recital 11 a (new)

Or. en

Amendment 2

Proposal for a regulation

Recital 28

Amendment 3

Proposal for a regulation

Recital 31

Amendment 4

Proposal for a regulation

Recital 33

Amendment 5

Proposal for a regulation

Article 11 – paragraph 2

Or. en

Justification

A bit more of autonomy for the Agency seems not only more efficient but also more in line with the Common approach

Amendment 36

Proposal for a regulation

Article 11 – paragraph 3

Or. en

Justification

A bit more of autonomy for the Agency seems not only more efficient but also more in line with the Common approach

Amendment 47

Proposal for a regulation

Article 11 – paragraph 4

Or. en

Justification

A bit more of autonomy for the Agency seems not only more efficient but also more in line with the Common approach

Amendment 58

Proposal for a regulation

Article 11 – paragraph 5

Or. en

Justification

A bit more of autonomy for the Agency seems not only more efficient but also more in line with the Common approach

Amendment 69

Proposal for a regulation

Article 11 – paragraph 6

Or. en

Amendment 10

Amendment 7

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 2

Or. en

Justification

In line with the Common approach and similar wording than in the Drug agency.

Amendment 811

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 3

Amendment 12

Proposal for a regulation

Article 15 – paragraph 2

Or. en

Amendment 13

Amendment 9

Proposal for a regulation

Article 15 – paragraph 4

Amendment 14

Proposal for a regulation

Article 16 – paragraph 1 – point b

Or. en

Justification

A bit more of autonomy for the Agency seems not only more efficient but also more in line with the Common approach which does not foresee such role for the Commission.

Amendment 1015

Proposal for a regulation

Article 16 – paragraph 1 – point g

Or. en

Justification

A bit more of autonomy for the Agency seems not only more efficient but also more in line with the Common approach which does not foresee or contemplate such a special and quasi veto right for the Commission.

Amendment 1116

Proposal for a regulation

Article 16 – paragraph 1 – point j

Amendment 17

Proposal for a regulation

Article 16 – paragraph 1 – point l

Amendment 18

Proposal for a regulation

Article 16 – paragraph 1 – point u

Or. en

Amendment 19

Amendment 12

Proposal for a regulation

Article 16 – paragraph 1 – point v

Or. en

Justification

No such special and quasi veto right is foreseen or contemplated in the Common approach. The Commission is fully involved in designing any delegated act.

Amendment 1320

Proposal for a regulation

Article 16 – paragraph 1 – point x

Or. en

Justification

A bit more of autonomy for the Agency seems not only more efficient but also more in line with the Common approach where no such special and quasi veto right is foreseen or contemplated for the Commission.

Amendment 1421

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1

Or. en

Justification

This provision is included, for example, in the Frontex Regulation and strengthens accountability.

Amendment 1522

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2

Or. en

Justification

Article 16 details already the voting mechanism of the single programming document. a 2/3 majority of the management board seems a sufficient and adequate safeguard and is in line with the Common approach.

Amendment 1623

Proposal for a regulation

Article 17 – paragraph 3

Or. en

Justification

Similar to Europol.

Amendment 1724

Proposal for a regulation

Article 19 – paragraph 3

Or. en

Amendment 25

Amendment 18

Proposal for a regulation

Article 20 – paragraph 2

Or. en

Justification

Granting the Commission a veto right in such cases is not in line with standard agency governance or the Common Approach which foresee no special role for the Commission and speaks only about absolute majority voting for current business matters and a 2/3 majority for the appointment and dismissal of the director, the designation of the chairperson of the board, adoption of the annual budget and of the work programme.The Commission approach foresees only exceptions to this approach if justified in specific cases. The Commission has not given any reasoning in this sense.

Amendment 1926

Proposal for a regulation

Article 20 – paragraph 3

Or. en

Amendment 27

Amendment 20

Proposal for a regulation

Article 21 – paragraph 2 – point a a (new)

Or. en

Amendment 28

Amendment 21

Proposal for a regulation

Article 21 – paragraph 4

Or. en

Amendment 29

Amendment 22

Proposal for a regulation

Article 21 – paragraph 5

Or. en

Amendment 30

Amendment 23

Proposal for a regulation

Article 21 – paragraph 6 a (new)

Or. en

Amendment 31

Amendment 24

Proposal for a regulation

Article 22 – paragraph 1

Or. en

Justification

Similar to FRA agency

Amendment 2532

Proposal for a regulation

Article 22 – paragraph 1 a (new)

Or. en

Amendment 33

Amendment 26

Proposal for a regulation

Article 22 – paragraph 4

Or. en

Justification

Similar to FRA agency

Amendment 2734

Proposal for a regulation

Article 22 – paragraph 5

Or. en

Amendment 35

Amendment 28

Proposal for a regulation

Article 22 – paragraph 6

Amendment 36

Proposal for a regulation

Article 22 – paragraph 6 a (new)

Amendment 37

Proposal for a regulation

Article 22 – paragraph 7

Or. en

Justification

Shifted to the beginning of this Article.

Amendment 2938

Proposal for a regulation

Article 23 – paragraph 3

Amendment 39

Proposal for a regulation

Article 23 – paragraph 5 – point a

Or. en

Amendment 40

Amendment 30

Proposal for a regulation

Article 26 – paragraph 3 – point c

Or. en

Justification

As a starting point, the view is that the Commission wording provides a too large and undefined scope for any possible fee and no clear distinction is made where EU budget and where fees should be used to finance the agencies activities. Delegating this to implementing acts seems not appropriate. More analysis needed.

Amendment 3141

Proposal for a regulation

Article 26 – paragraph 3 – point d a (new)

Or. en

Amendment 42

Amendment 32

Proposal for a regulation

Article 27 – paragraph 8

Or. en

Amendment 43

Amendment 33

Proposal for a regulation

Article 32 – paragraph 4 a (new)

Amendment 44

Proposal for a regulation

Article 33 – title

Or. en

Amendment 45

Amendment 34

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 1 – introductory part

Or. en

Amendment 46

Amendment 35

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 1 – point a

Or. en

Amendment 47

Amendment 36

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 2

Or. en

Amendment 48

Amendment 37

Proposal for a regulation

Article 34

Or. en

Amendment 49

Proposal for a regulation

Article 38 – paragraph 1

Amendment 50

Proposal for a regulation

Article 38 – paragraph 2 a (new)

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

29.11.2023

OPINION OF THE COMMITTEE ON FISHERIES

for the Committee on Transport and Tourism

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

(COM(2023)0269 – C90190/2023 – 2023/0163(COD))

Rapporteur for opinion: Clara Aguilera

SHORT JUSTIFICATION

In 2002, the Regulation (EC) Nº1406/2002 established the European Maritime Safety Agency (EMSA) in order to reinforce the EU legal framework regarding two main objectives: to establish a high level of maritime safety throughout the Union and to prevent and respond to pollution. Since its adoption, this Regulation has been subsequently modified, but after the external evaluation carried out on EMSA in 2017, it was concluded that a new Regulation needed to be adopted.

Consequently, the proposal for a Regulation of the European Parliament and the Council (COM(2023) 269final) aims at adapting the EMSA´s mandate to the new developments of the EU legislation, the scientific community, the maritime sector and the social and environmental priorities. In particular, the Agency has been performing tasks that were not in the previous Regulation, therefore it is important to update them as well as provide certain flexibility in order to be able to address the future needs of the maritime sector.

For this reason, the rapporteur supports the regulation and wishes to draw attention to the following issues:

 The rapporteur considers that the Regulation proposal should refer to `maritime activities´ when addressing the tasks relating to maritime safety and not to `maritime transport´. The fisheries sector has an important economic and social impact in the EU, not only creates wealth and jobs but it plays a key role in the food supply. Therefore, it cannot be disregarded, especially when fishing is considered a highly dangerous maritime activity and many of the accidents recorded by EMSA involve fishing vessels.

In addition, the rapporteur considers that EMSA should intervene, report and record data in relation with marine casualties and incidents involving any type and any size of vessel. Until now, it only does so when the vessel involved is more than 15 meters long or if a smaller vessel is involved in an accident with a vessel of 15 metres or more. The 85% of fishing vessels in the EU are less than 12 metres long and they are the ones that face more safety risks since they lack protective spaces and are highly vulnerable to severe weather conditions and heavy fishing equipment.

 The rapporteur considers that to achieve a high, uniform and effective level of maritime safety, it is essential to ensure better safety and labour conditions for workers. Fishers specifically face serious health and safety risks usually due to the lack of safety awareness and of training among the personnel. Therefore, EMSA should work on harmonising adequate working and living conditions for fishers, as well as safety measures on board in any type of vessel. It should also provide effective training in safety, digitalization and nautical and fisheries activities. In addition, it is essential to ensure the mutual recognition of certificates and to increase the cooperation between Member States‘ education systems.

 The rapporteur considers that the Management Board of the Agency should include one representative of the European Parliament who shall not have voting rights. In the Control Fisheries Regulation (COM(2018)0368 – C8-0238/2018 – 2018/0193(COD)) this possibility has already been included, therefore, in order to maintain coherence within the European Agencies, the same approach should be taken here.

 The rapporteur considers that the proposal should establish the Agency´s need of reinforcing the social dimension of the fisheries sector and have social indicators to assess whether social aspects are being taken into account when assisting the European Commission in the implementation of its legislation.

AMENDMENTS

The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a regulation

Recital 1

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Amendment 3

Proposal for a regulation

Recital 5 a (new)

Amendment 4

Proposal for a regulation

Recital 9

Amendment 5

Proposal for a regulation

Recital 10

Amendment 6

Proposal for a regulation

Recital 11 a (new)

Amendment 7

Proposal for a regulation

Recital 14

Amendment 8

Proposal for a regulation

Recital 14 a (new)

Amendment 9

Proposal for a regulation

Recital 14 b (new)

Amendment 10

Proposal for a regulation

Recital 17

Amendment 11

Proposal for a regulation

Recital 17 a (new)

Amendment 12

Proposal for a regulation

Recital 23

Amendment 13

Proposal for a regulation

Recital 36 a (new)

Amendment 14

Proposal for a regulation

Article 1 – paragraph 2

Amendment 15

Proposal for a regulation

Article 1 – paragraph 3

Amendment 16

Proposal for a regulation

Article 2 – paragraph 1

Amendment 17

Proposal for a regulation

Article 2 – paragraph 2

Amendment 18

Proposal for a regulation

Article 3 – paragraph 5

Amendment 19

Proposal for a regulation

Article 3 – paragraph 6

Amendment 20

Proposal for a regulation

Article 4 – paragraph 1

Amendment 21

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 1

Amendment 22

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 2

Amendment 23

Proposal for a regulation

Article 4 – paragraph 9

Amendment 24

Proposal for a regulation

Article 4 – paragraph 9 a (new)

Amendment 25

Proposal for a regulation

Article 5 – paragraph 2 – point d a (new)

Amendment 26

Proposal for a regulation

Article 6 – paragraph 1

Amendment 27

Proposal for a regulation

Article 6 – paragraph 2

Amendment 28

Proposal for a regulation

Article 6 – paragraph 6

Amendment 29

Proposal for a regulation

Article 7 – paragraph 2

Amendment 30

Proposal for a regulation

Article 9 – paragraph 2 – point d

Amendment 31

Proposal for a regulation

Article 12 – paragraph 1 – introductory part

Amendment 32

Proposal for a regulation

Article 12 – paragraph 1 – point a

Amendment 33

Proposal for a regulation

Article 12 – paragraph 1 – point c

Amendment 34

Proposal for a regulation

Article 12 – paragraph 1 – point d

Amendment 35

Proposal for a regulation

Article 12 – paragraph 1 – point e

Amendment 36

Proposal for a regulation

Article 12 – paragraph 1 – point e a (new)

Amendment 37

Proposal for a regulation

Article 12 – paragraph 1 – point e b (new)

Amendment 38

Proposal for a regulation

Article 12 – paragraph 1 – point e c (new)

Amendment 39

Proposal for a regulation

Article 12 – paragraph 1 – point e d (new)

Amendment 40

Proposal for a regulation

Article 12 – paragraph 2

Amendment 41

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 1

Amendment 42

Proposal for a regulation

Article 15 – paragraph 2

Amendment 43

Proposal for a regulation

Article 41 – paragraph 1

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur.

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

PROCEDURE – COMMITTEE RESPONSIBLE

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE