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From · opinion parliamentary committee · 2023-11-29 PECH-AD-753474 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

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To · opinion parliamentary committee · 2023-11-08 BUDG-AD-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

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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.

The proposed revision of EMSA’s mandate aims to: (1) better anchor and reflect the current tasks and objectives of the Agency in its founding Regulation so that it is legally mandated to fulfil these and support the Member States and the Commission with the necessary technical, operational and scientific assistance to ensure maritime safety and security, and the green and digital transition of the sector; (2) ensure that EMSA’s founding Regulation is future proof by allowing enough flexibility to incorporate new tasks that address the evolving needs of the maritime sector; and (3) ensure that the Agency has adequate human and financial resources to fulfil its role.

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.

Your Rapporteur welcomes the central aims of the proposal and sees the need to incorporate and reflect EMSA’s new tasks in the areas of maritime safety, sustainability, decarbonisation, security and cybersecurity, surveillance and assistance in crises management. Nevertheless, in line with his approach to decentralised agency files, he considers that the policy substance of the proposal should be dealt with by the lead committees.

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

As such, the draft opinion focuses on those areas where the Committee on Budgets can add value, therefore in particular on the financial provisions, governance rules and provisions relating to reporting and evaluation to ensure proper parliamentary scrutiny. Your Rapporteur assesses the proposal notably against the 2019 Schoepflin report, the Joint Statement of the European Parliament, the Council and the Commission on decentralised agencies of 19 July 2012 and the Common Approach and the Framework Financial Regulation governing decentralised agencies.

 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.

Budgetary impact and financial provisions

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.

In the Legislative Financial Statement annexed to the Proposal for the mandate revision, details are given on the impact on the budget and staff needs of the Agency as compared to the ones currently provided for in the Multiannual Financial Framework (MFF). An additional budget of EUR 50.997 million and 33 additional posts would be needed for the remainder of the period of the Multiannual Financial Framework (MFF) to ensure that the Agency has the necessary resources to enforce its revised mandate. It is of course imperative that the agency has sufficient financial and human resources to execute its reinforced mandate and it will be important to ensure that any further tasks and responsibilities that may be agreed in the final legislation are properly funded.

 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 budget impact beyond the current MFF - while it is obviously indicative and without prejudice to a future MFF Agreement - is quite significant and should be kept in mind during the deliberations of this proposal.

 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 Legislative Financial Statement furthermore indicates to offset this budgetary impact through a compensatory reduction from programmed spending under CEF-Transport under the current MFF.

 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.

Your rapporteur strongly opposes this intention. The additional tasks assigned to EMSA under the proposal would otherwise not be carried out under CEF-Transport, which is a key programme ensuring funding for the Solidarity Lanes and which itself would need additional resources due to the association of Ukraine to the programme. It is therefore clearly not suitable for redeployments.

The funding of this extended mandate should not lead to a reduction of the funding for any other priority Union programmes. The amount of the financial resources dedicated to this proposal should be drawn from the unallocated margins under the MFF ceilings or mobilised through the non-thematic MFF special instruments.

Since the start of the MFF, EUR 1.2 bn have been or are planned to be redeployed from programmes to agencies. This is half the amount available in the flexibility instrument until today. The overall amounts at stake are not anecdotal and require that we carefully look into these redeployments.

The rapporteur stresses that plugging the structural lack of resources in agencies should not be corrected with unsustainable solutions. He regrets that agencies are not reinforced in the Commission proposal for a revision of the MFF. In the absence of such reinforcement, it is even more crucial to increase flexibility over the remainder of the MFF. The scope and tasks of agencies have been increasing immensely without corresponding increase in budgetary and human resources, and there is no reason it will stop in 2024.

Governance, parliamentary scrutiny and evaluation

The Commission argues in its Explanatory Memorandum that in Articles 14 to 26 which sets out the rules on the organisation of the Agency, the new proposed rules “are based on Regulation (EC) No 1406/2002.” and that “the changes introduced to the rules in this Chapter are due to the implementation of the Joint Statement of the Commission, the European Parliament and the Council on decentralised agencies and the Common Approach (2012).”

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 Agencies effectiveness. Other amendments seek to enhance parliamentary scrutiny and accountability.

Fees

Your Rapporteur’s starting point is that agencies should have the budget required to perform the tasks assigned to them by the legislator. While fee-based financing models are entirely legitimate, the provisions governing fees are unspecified with very limited parliamentary control. As such, your Rapporteur introduces an amendment reducing the scope for fee services and proposes - should the scope of fees not be further defined in the basic act - to define this later through a delegated act instead of the proposed implementing act. Greater clarity in terms of the purpose and nature of the fees and clear provisions on parliamentary scrutiny would be required to consider the introduction of such fees.

AMENDMENTS

The Committee on ~~Fisheries~~Budgets 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~~

Recital 11 a (new)

Text proposed by the Commission

Amendment

(1) A number of legislative measures have been adopted at the Union in order to enhance maritime safety and security, to promote the sustainability, by also preventing pollution, and the decarbonisation of shipping, and to facilitate the exchange of information and the digitalisation of the maritime sector. In order to be effective, such legislation should be applied in a proper and uniform manner throughout the Union. That would ensure a level playing field, reduce the distortion of competition resulting from the economic advantages enjoyed by non-complying ships and would reward the serious maritime players.

(11a) The Agency should proactively contribute to national and Union efforts while carrying out its tasks in full cooperation with Union institutions, bodies, offices and agencies, and Member States, avoiding any duplication of work, promoting synergy and complementarity and thus achieving coordination and fiscal savings.

(1) A number of legislative measures have been adopted at the Union in order to enhance maritime safety and security, to promote the sustainability, by also preventing pollution, and the decarbonisation of shipping and other maritime activities such as fisheries, and to facilitate the exchange of information and the digitalisation of the maritime sector. In order to be effective, such legislation should be applied in a proper and uniform manner throughout the Union. That would ensure a level playing field, reduce the distortion of competition resulting from the economic advantages enjoyed by non-complying ships and would reward the serious maritime players.

Amendment 2

Proposal for a regulation

~~Recital 1 a (new)~~

Recital 28

Text proposed by the Commission

Amendment

~~(1 a) The fishing sector has high accident rates, which also have high mortality levels, and the important role of fishers training when it comes to work safety.~~

(28) With regard to the prevention and management of conflicts of interest, it is essential that the Agency acts impartially, demonstrates integrity and establishes high professional standards. There should never be any legitimate reason to suspect that decisions might be influenced by interests conflicting with the role of the Agency as a body serving the Union as a whole or by private interests or affiliations of any member of the Management Board which would create, or have the potential to create, a conflict with the proper performance of the official duties of the person concerned. The Management Board should therefore adopt comprehensive rules on conflicts of interests.

Amendment 3

Proposal for a regulation

~~Recital 5 a (new)~~

Recital 31

Text proposed by the Commission

Amendment

(5 a) As stated in the resolution adopted by the European Parliament on 16 September 2021 on attracting a new generation of workers to the fishing industry and creating jobs in coastal communities, it is essential to improve working and living conditions on board, as well as safety and the need to monitor and prevent incidents and accidents at sea. EMSA's mandate should be extended to those fishing vessels where significant safety concerns remain, by including the monitoring and reporting of incidents and accidents at sea, which are currently not covered by the EMSA Regulation, namely serious and fatal accidents involving small fishing vessels.

(31) The Agency should be properly resourced to carry out its tasks and granted an autonomous budget. It should be mainly financed by a contribution from the general budget of the Union. The Union budgetary procedure should be applicable to the Union contribution and to any other subsidies chargeable to the general budget of the Union. The auditing of accounts should be undertaken by the Court of Auditors of the Union.

(31) The Agency should be properly resourced to carry out its tasks and granted an autonomous budget. It should be mainly financed by a contribution from the general budget of the Union. The increased contribution from the Union budget meant to cover the additional tasks entrusted to EMSA as a result of the revised mandate should be drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments. The Union budgetary procedure should be applicable to the Union contribution and to any other subsidies chargeable to the general budget of the Union. The auditing of accounts should be undertaken by the Court of Auditors of the Union.

Amendment 4

Proposal for a regulation

Recital 933

Text proposed by the Commission

Amendment

(9) These objectives should define the areas of the Agency’s engagement in supporting the Commission and the Member States with technical and operational assistance in order to implement the Union’s policies in the maritime domain.

(33) In order to ensure uniform conditions for the implementation of this Regulation with regards to fees and charges, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council31 .

(33) In order to ensure uniform conditions for the implementation of this Regulation with regards to fees and charges, 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 in respect of fees and charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

__________________

31 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L55, 28.2.2011, p. 13)

Amendment 5

Proposal for a regulation

~~Recital 10~~

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

(10) For the proper achievement of these objectives, it is appropriate that the Agency carries out specific tasks in the area of maritime safety, sustainability, decarbonisation of the maritime sector, maritime security and cybersecurity, maritime surveillance and maritime crises and the promotion of the digitalisation and facilitation of exchanges of data in the maritime domain.

2. The Agency may, upon the request of the Commission, provide technical assistance, including the organisation of relevant training activities, as regards relevant legal acts of the Union, to States applying for accession to the Union, and, where applicable, to European Neighbourhood partner countries and to countries taking part in the Paris MoU.

(10) For the proper achievement of these objectives, it is appropriate that the Agency carries out specific tasks in the area of maritime safety, prevention of pollution by ships, sustainability, decarbonisation of the maritime sector, maritime security and cybersecurity, maritime surveillance and maritime crises and the promotion of the digitalisation and facilitation of exchanges of data in the maritime domain. While carrying out these tasks the Agency should pay attention to the specificities of the different types of maritime activities with a specific attention to the conditions applicable to the fishing sector.

2. The Agency may, in consultation with the Commission, provide technical assistance, including the organisation of relevant training activities, as regards relevant legal acts of the Union, to States applying for accession to the Union, and, where applicable, to European Neighbourhood partner countries and to countries taking part in the Paris MoU.

Justification

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

Amendment 6

Proposal for a regulation

~~Recital 11 a (new)~~

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

(11 a) The Agency should pay special attention to the fisheries sector when carrying out its tasks, since it has an important economic and social impact in the EU. In particular, fishing vessels and workers are highly vulnerable to maritime safety risks and play a relevant role in the green transition.

3. The Agency may, upon the request of the Commission or the European External Action Service, or both, provide assistance in case of pollution caused by ships as well as marine pollution caused by oil and gas installations affecting third countries sharing a regional sea basin with the Union. The Agency shall provide the assistance in line with the Union Civil Protection Mechanism established by Decision No 1313/2013/EU, and with the conditions applicable to Member States as referred to in Article 5 (1) of this Regulation applied by analogy to the third countries. Those tasks shall be coordinated with the existing regional cooperation arrangements related to marine pollution.

3. The Agency may, in consultation with the Commission or the European External Action Service, or both, provide assistance in case of pollution caused by ships as well as marine pollution caused by oil and gas installations affecting third countries sharing a regional sea basin with the Union. The Agency shall provide the assistance in line with the Union Civil Protection Mechanism established by Decision No 1313/2013/EU, and with the conditions applicable to Member States as referred to in Article 5 (1) of this Regulation applied by analogy to the third countries. Those tasks shall be coordinated with the existing regional cooperation arrangements related to marine pollution.

Justification

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

Amendment 7

Proposal for a regulation

~~Recital 14~~

Article 11 – paragraph 4

Text proposed by the Commission

Amendment

(14) As regards maritime safety, the Agency should develop a proactive approach in determining safety risks and challenges on the basis of which it should present to the Commission every three years a report on the progress on maritime safety. Moreover, the Agency should continue assisting the Commission and the Member States in the implementation of the relevant Union legislation, especially in the areas of flag and port State obligations, the accident investigation of marine accidents, the passenger ship safety legislation, Recognised Organisations and marine equipment. Finally, the Agency should have a proactive role in assisting the deployment of maritime autonomous and automated surface ships while also it is important to collect further data in the area of the training and certification for seafarers and the Maritime Labour Convention (MLC, 2006).

4. Without prejudice to Article 24, the Agency may provide, upon the request of the Commission, technical assistance to third countries for matters falling under its competence.

(14) As regards maritime safety, the Agency should develop a proactive approach in identifying safety risks and challenges for any type and size of vessel on the basis of which it should present to the Commission and the European Parliament every three years a report on the progress made in maritime safety. When the Agency states in a report the need for new safety standards, the implementation of these new requirements should be accelerated in order to avoid long delays between the official recognition of the issue and the impact on the vessels and, if needed, shall be followed up by a legislative proposal. Moreover, the Agency should continue assisting the Commission and the Member States in the implementation of the relevant Union legislation, especially in the areas of flag and port State obligations, the accident investigation of marine accidents, the passenger ship safety legislation, Recognised Organisations and marine equipment. Finally, the Agency should have a proactive role in assisting the deployment of maritime autonomous and automated surface ships while also it is important to collect further data in the area of the training and certification for seafarers and the Maritime Labour Convention (MLC, 2006). Finally, the Agency should work towards the mutual recognition of fishers and seafarers training and safety certificates in order to improve business opportunities, as well as increase the cooperation between member States, other Agencies, and the free movement of the workforce.

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

Justification

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

Amendment 8

Proposal for a regulation

~~Recital 14 a (new)~~

Article 11 – paragraph 5

Text proposed by the Commission

Amendment

(14 a) Calls on the Commission to transpose the IMO International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F 1995), into EU law in order to achieve a harmonized framework for minimum level of training of fishers in Europe.

5. The Agency may enter into administrative arrangements and cooperation with other Union bodies working in the matters falling within the scope of the Agency’s competence following the approval of the Commission. Such arrangements and cooperation shall be subject to the opinion of the Commission and periodical reporting to it.

5. The Agency may enter into administrative arrangements and cooperation with other Union bodies working in the matters falling within the scope of the Agency’s competence. Such arrangements and cooperation shall be subject to the opinion of the Commission and periodical reporting to it.

Justification

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

Amendment 9

Proposal for a regulation

~~Recital 14 b (new)~~

Article 11 – paragraph 6

Text proposed by the Commission

Amendment

(14 b) With regard to fishing vessels, EMSA's mandate should be extended to include regular monitoring and systematic statistical information, harmonised at EU level, on incidents and accidents involving vessels not covered by Directive 2009/18/EC. By monitoring and assessing the changes in these figures, in particular regarding geographical areas, fleets and fishing gear that is used, it will be possible to find solutions to improve, reduce and prevent the occurrence of accidents, particularly in local and coastal fishing vessels.

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

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

Amendment 10

Proposal for a regulation

~~Recital 17~~

Article 15 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

(17) In this regard, while the Agency should continue assisting the Commission and the Member States in the implementation of Regulation (EU) 2015/757 of the European Parliament and of the Council25 it should further assist in the implementation of the new regulatory measures to decarbonise the shipping sector, as stemming from the Fit for 55 legislative package, such as the Regulation [..] on the use of renewable and low-carbon fuels in maritime transport and the shipping-related elements of Directive 2003/87/EC of the European Parliament and of the Council26 establishing a scheme for greenhouse gas emission allowance trading within the Community. The Agency should continue to be at the forefront of expertise at Union level to assist in the transition of the sector into renewable and low carbon fuels by conducting research and providing guidance on the uptake and deployment of sustainable alternative sources of power for ships, including onshore power supply to ships and in relation to the deployment of energy efficiency and wind propulsion assistance solutions. In order to monitor progress in the area of decarbonisation of the shipping sector, the Agency should report to the Commission on the greenhouse gas reduction efforts and any recommendations that might have every three years.

The Management Board shall also include as well as of four professionals from the sectors most concerned, as referred to in Article 2, appointed by the Commission, without the right to vote.

(17) In this regard, while the Agency should continue assisting the Commission and the Member States in the implementation of Regulation (EU) 2015/757 of the European Parliament and of the Council25 it should further assist in the implementation of the new regulatory measures to decarbonise the shipping sector and other maritime activities such as fisheries, as stemming from the Fit for 55 legislative package, such as the Regulation [..] on the use of renewable and low-carbon fuels in maritime transport and the shipping-related elements of Directive 2003/87/EC of the European Parliament and of the Council26 establishing a scheme for greenhouse gas emission allowance trading within the Community. The Agency should continue to be at the forefront of expertise at Union level to assist in the transition of the sector into renewable and low carbon fuels by conducting research and providing guidance on the uptake and deployment of sustainable alternative sources of power for ships, including onshore power supply to ships and in relation to the deployment of energy efficiency and wind propulsion assistance solutions. Regarding fishing vessels, the different fisheries gears and areas should be taken into account when researching alternatives sources of power. In order to monitor progress in the area of decarbonisation of the maritime sector, the Agency should report to the Commission on the greenhouse gas reduction efforts and any recommendations that might have every three years.

The Management Board shall also include as well as of four professionals from the sectors most concerned, as referred to in Article 2, appointed by the Commission, without the right to vote as well as one independent expert particularly knowledgeable in the field of maritime safety designated by the European Parliament, with the right to vote.

~~__________________~~

Justification

~~__________________~~

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

25 Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).

26 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

Amendment 11

Proposal for a regulation

~~Recital 17 a (new)~~

Article 15 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

(17 a) As far as the fisheries sector is concerned, while all these measures are essential to ensure that we have clean seas, which in turn are essential for those who wish to fish, farm and sell quality products from the sea, these measures must be accompanied by the necessary allocation of funds and incentives in order to sustain fishing operations, especially those of the small-scale and artisanal segment.

All Management Board members shall be appointed on the basis of their degree of relevant experience and expertise in the areas referred to in Article 2. The Member States and the Commission shall each strive for a balanced representation between men and women on the Management Board. One of the four professionals shall be a representative of the Permanent Cooperation Framework of accident investigation bodies in accordance with Article 10 of Directive 2009/18/EC.

All Management Board members shall be appointed on the basis of their degree of relevant experience and expertise in the areas referred to in Article 2. The Member States and the Commission shall each ensure a balanced representation between men and women on the Management Board. One of the four professionals shall be a representative of the Permanent Cooperation Framework of accident investigation bodies in accordance with Article 10 of Directive 2009/18/EC.

Amendment 12

Proposal for a regulation

~~Recital 23~~

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

(23) National authorities carrying out coast guard functions are responsible for a wide range of tasks, which may include maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The Agency, the European Border and Coast Guard Agency, established by Regulation (EU) 2019/1896 of the European Parliament and of the Council29 , and the European Fisheries Control Agency, established by Regulation (EU) 2019/473 of the European Parliament and of the Council30 , should therefore strengthen their cooperation, within their mandate, both with each other and with the national authorities carrying out coast guard functions, in order to increase maritime situational awareness and to support coherent and cost-efficient action.

2. Each Member State and the Commission shall appoint their members of the Management Board as well as an alternate who will represent the member in his or her absence.

2. Each Member State, the European Parliament and the Commission shall, while paying due attention to gender balance, appoint their members of the Management Board as well as an alternate who will represent the member in his or her absence.

~~__________________~~

29 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

~~30 Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18).~~

Amendment 13

Proposal for a regulation

~~Recital 36 a (new)~~

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

~~(36 a) The Agency should strengthen its cooperation with the European Fisheries Control Agency (EFCA) regarding the prevention and handling of incidents at sea involving fishing vessels.~~

4. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests. The Agency shall publish the statements and updates on its website.

4. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests or at least on an annual basis. The Agency shall publish the statements and updates on its website.

Amendment 14

Proposal for a regulation

Article 116 – paragraph 21 – point b

Text proposed by the Commission

Amendment

2. The Agency shall assist the Member States and the Commission in the effective application and implementation of Union law related to maritime transport across the Union. To that end, the Agency shall cooperate with the Member States and the Commission and provide them with technical, operational and scientific assistance within the scope of the Agency’s objectives and tasks set out in Article 2 and Chapters II and III.

(b) adopt each year, by a two-thirds majority of its members with voting rights, after having received the opinion of the Commission and in accordance with Article 17, the single programming document of the Agency;

2. The Agency shall assist the Member States and the Commission in the effective application and implementation of Union law related to maritime traffic across the Union. To that end, the Agency shall cooperate with the Member States and the Commission and provide them with technical, operational and scientific assistance within the scope of the Agency’s objectives and tasks set out in Article 2 and Chapters II and III.

(b) adopt each year, by a two-thirds majority of its members with voting rights, in accordance with Article 17, the single programming document of the Agency;

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 15

Proposal for a regulation

Article 116 – paragraph 31 – point g

Text proposed by the Commission

Amendment

3. By providing the assistance referred to in paragraph 2, the Agency shall in particular provide support to the Member States and the Commission to apply the relevant Union legal acts properly while contributing to the overall efficiency of maritime traffic and maritime transport as set out in this Regulation, so as to facilitate the achievement of the Union’s objectives in the maritime transport domain.

(g) establish the methodology for the visits to be carried out pursuant to Article 10. In the event that the Commission expresses, within 15 days from the date of adoption of the methodology, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States;

(g) establish the methodology for the visits to be carried out pursuant to Article 10.

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 16

Proposal for a regulation

Article 216 – paragraph 1 – point j

Text proposed by the Commission

Amendment

1. The objectives of the Agency shall be the promotion and establishment of a high, uniform and effective level of maritime safety aiming towards zero accidents, maritime security, the reduction of greenhouse gas emissions from ships and the sustainability of the maritime sector as well as the prevention of and response to pollution caused by ships and the response to marine pollution caused by oil and gas installations.

(j) adopt rules for the prevention and management of conflicts of interest in respect of its members and publish annually on its website the declaration of interests of the Management Board members;

1. The objectives of the Agency shall be the promotion and establishment of a high, uniform and effective level of maritime safety aiming towards zero accidents, - all fishing vessels included -, maritime security, the reduction of greenhouse gas emissions from ships and the sustainability of the maritime sector as well as the prevention of and response to pollution caused by all types and size of ships and the response to marine pollution caused by oil and gas installations.

(j) adopt and make publicly available the rules for the prevention and management of conflicts of interest in respect of its members and publish annually on its website the declaration of interests of the Management Board members;

Amendment 17

Proposal for a regulation

Article 216 – paragraph 21 – point l

Text proposed by the Commission

Amendment

2. Further objectives of the Agency shall be the promotion of digitalisation of the maritime sector by facilitating the electronic transmission of data supporting simplification and the provision of integrated maritime surveillance and awareness systems and services to the Commission and the Member States.

(l) adopt its rules of procedure;

2. Further objectives of the Agency shall be the harmonised promotion of digitalisation of the maritime sector by facilitating the electronic transmission of data supporting simplification and the provision of integrated maritime surveillance and awareness systems and services to the Commission and the Member States.

(l) adopt and make publicly available its rules of procedure;

Amendment 18

Proposal for a regulation

Article 316 – paragraph 51 – point u

Text proposed by the Commission

Amendment

5. Where required for the implementation of its tasks, the Agency shall undertake studies, involving the Commission and where applicable, through consultation steering groups, the Member States, and where appropriate, the social partners and industry representatives with expertise in the relevant topics.

(u) take all decisions on the establishment of the Agency's internal structures, including the set-up of advisory or working groups and, where necessary, their modification;

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

Amendment 19

Proposal for a regulation

Article 316 – paragraph 61 – point v

Text proposed by the Commission

Amendment

6. On the basis of the research and studies conducted by the Agency, but also on the basis of the experience gained through its own activities, especially the visits and inspections, and exchange of information and good practices with the Member States and the Commission, the Agency may issue, after prior consultation with the Commission, relevant non-binding recommendations, guidelines or manuals to support and facilitate Member States, and where appropriate the industry, in the implementation of the Union legislation.

(v) decide on the services that the Agency may offer against fees and charges and a adopt a framework model for the financial apportionment of the fees and charges payable as referred to in Article 26 (3), point (c). In the event that the Commission expresses, within 15 days from the date of adoption of the Management Board’s decision concerning the services offered against fees or the framework model, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States;

6. On the basis of the research and studies conducted by the Agency, but also on the basis of the experience gained through its own activities, especially the visits and inspections, and exchange of information and good practices with the Member States, the Commission and other relevant EU Agencies, the Agency may issue, after prior consultation with the Commission, relevant non-binding recommendations, guidelines or manuals to support and facilitate Member States, and where appropriate the industry, in the implementation of the Union legislation.

(v) decide on the services that the Agency may offer against fees and charges as referred to in Article 26 (3), point (c).

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 20

Proposal for a regulation

Article 416 – paragraph 1 – point x

Text proposed by the Commission

Amendment

1. The Agency shall monitor progress on the safety of maritime transport in the Union, conduct risk analysis on the basis of the available data and develop safety risk assessment models to identify safety challenges and risks. Every three years it shall present to the Commission a report on progress on maritime safety with possible technical recommendations that could be addressed at the Union or the international level. In this regard, the Agency shall in particular analyse and propose relevant guidance or recommendations in relation to potential safety risks stemming from the uptake and deployment of sustainable alternative sources of power for ships, including onshore power supply to ships at berth.

(x) adopt a strategy for cooperation with third countries or international organisations, or both, referred to in Article 11 (6). In the event that the Commission expresses, within 15 days from the date of adoption of the strategy, its disagreement, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two- thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States;

1. The Agency shall monitor progress on the safety of maritime activities in the Union, conduct risk analysis on the basis of the available data and develop safety risk assessment models to identify safety challenges and risks regarding any type and size of vessel. Every three years it shall present to the Commission a report on progress on maritime safety with possible technical recommendations that could be addressed at the Union or the international level. In this regard, the Agency shall in particular analyse and propose relevant guidance or recommendations in relation to potential safety risks stemming from the uptake and deployment of sustainable alternative sources of power for all types and size of ships, including onshore power supply to ships at berth.

(x) adopt a strategy for cooperation with third countries or international organisations, or both, referred to in Article 11 (6).

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 21

Proposal for a regulation

Article 417 – paragraph 41 – subparagraph 1

Text proposed by the Commission

Amendment

The Agency shall assist the Commission in the development and maintenance of the database provided for in Article 17 of Directive 2009/18/EC. On the basis of the data collected the Agency shall compile a yearly overview of marine casualties and incidents. The Agency shall, if requested by the concerned Member States and where no conflict of interest arises, provide operational support to these Member States concerning safety investigations. The Agency shall also carry out an analysis of safety investigation reports with a view to identify added value at Union level in terms of any relevant lessons to be drawn.

The Agency shall assist the Commission in the development and maintenance of the database provided for in Article 17 of Directive 2009/18/EC. On the basis of the data collected the Agency shall compile a yearly overview of marine casualties and incidents, to be presented by different Member State and different maritime activities. The Agency shall, if requested by the concerned Member States and where no conflict of interest arises, provide operational support to these Member States concerning safety investigations. The Agency shall also carry out an analysis of safety investigation reports with a view to identify added value at Union level in terms of any relevant lessons to be drawn.

By 30 November each year the Management Board shall adopt a single programming document containing multi-annual and annual programming, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and in relation to multiannual programming after consulting the European Parliament. If the Management Board decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification therefor. The obligation to provide a thorough justification shall also apply to the elements raised by the European Parliament when it is consulted. The management board shall forward the single programming document to the European Parliament, the Council and the Commission by 31 January of the following year.

Justification

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

Amendment 22

Proposal for a regulation

Article 417 – paragraph 41 – subparagraph 2

Text proposed by the Commission

Amendment

~~The Agency shall provide a professional development and training program to the competent marine safety accident investigation Authorities.~~

In the event that the Commission expresses, within 15 days from the date of adoption of the single programming document, its disagreement with the document, the Management Board shall re-examine the single programming document and adopt it, possibly amended, within a period of two months, in second reading either with a two-thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States.

The Agency shall provide a professional development and training program to the competent marine safety accident investigation Authorities. It shall also provide effective training in safety, digitalization, nautical and fisheries activities to the workers of the fisheries sector given that the majority operate in small vessels which are more at risk of suffering indicents.

deleted

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 23

Proposal for a regulation

Article 417 – paragraph 93

Text proposed by the Commission

Amendment

9. The Agency shall gather and analyse data on seafarers provided and used in accordance with Directive (EU) 2022/993 of the European Parliament and of the Council40 . It may also gather and analyse data on the implementation of the Maritime Labour Convention, 2006 (MLC, 2006) with the aim of assisting in the improvement of the onboard working and living conditions of seafarers..

3. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 7. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. Annual or multi- annual programming, or both, shall include the strategy for relations with third countries or international organisations referred to in Article 11 and the actions linked to this strategy.

9. The Agency shall gather and analyse data on seafarers provided and used in accordance with Directive (EU) 2022/993 of the European Parliament and of the Council40 . It shall do the same in particular regarding fishers in line with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F). It shall gather and analyse data on the implementation of the Maritime Labour Convention, 2006 (MLC, 2006) and the Work in Fishing Convention, 2007 (C188) with the aim of assisting in the improvement and harmonisation of the onboard safety, working and living conditions of seafarers and fishers. It shall also gather and analyze social indicators which shall be taken into account when providing horizontal technical support to the European Commission and the Member States.

~~__________________~~

Justification

~~__________________~~

Similar to Europol.

~~40 Directive (EU) 2022/993 of the European Parliament and of the Council of 8 June 2022 on the minimum level of training of seafarers (OJ L 169, 27.6.2022, p. 45).~~

Amendment 24

Proposal for a regulation

Article 419 – paragraph ~~9 a (new)~~3

Text proposed by the Commission

Amendment

9 a. The Agency shall work closely with the Commission in order to transpose the IMO STCW-F Convention into Union law with the goal to set a harmonized framework for minimum level of training of fishers in Europe, including safety training and digitalization.

3. The Management Board shall hold an ordinary meeting twice a year. In addition, it shall meet on the initiative of the Chairperson or at the request of the Commission or of one-third of the Member States.

Amendment 25

Proposal for a regulation

Article 520 – paragraph 2 ~~– point d a (new)~~

Text proposed by the Commission

Amendment

~~(da) sharing and recieveing relevant information from other EU Agencies, such as EFCA, especially in relation to lost fishing gear~~

2. The decisions referred to in Article 16(1) points (c) to (e) and points (i), (j), (n), (o), (p), (q), (t), (u) and in Article 16(2) may only be taken if the representatives of the Commission cast a positive vote. For the purposes of taking the decisions referred to in Article 16(1), point (b), the positive vote of the representative of the Commission shall only be required on the elements of the decision not related to the annual and multi-annual working programme of the Agency.

deleted

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 26

Proposal for a regulation

Article 620 – paragraph 13

Text proposed by the Commission

Amendment

1. The Agency shall monitor progress on the operational and technical measures undertaken to increase the energy efficiency of ships and the deployment of sustainable alternative fuels, energy and power systems for ships, including onshore power supply and wind propulsion assistance, to reduce greenhouse gas emissions from ships.

3. Each member shall have one vote. The Executive Director of the Agency shall not vote.

1. The Agency shall monitor progress on the operational and technical measures undertaken to increase the energy efficiency of ships and the deployment of sustainable alternative fuels, energy and power systems for all types and size of ships, including onshore power supply and wind propulsion assistance, to reduce greenhouse gas emissions from ships.

3. Each member with voting rights shall have one vote. The Executive Director of the Agency shall not vote.

Amendment 27

Proposal for a regulation

Article 621 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

2. The Agency shall provide technical assistance to the Commission and the Member States, upon their request, in relation to regulatory efforts to reduce greenhouse gas emissions from ships. In this regard, the Agency may utilize any operational tools or services pertinent to the task. The Agency shall in particular research, analyse and propose relevant guidance or recommendations in relation to the uptake and deployment of sustainable alternative fuels, energy and power systems for ships, including onshore power supply and wind propulsion assistance as well as in relation to energy efficiency measures.

(a a) decide on those matters provided for in the financial rules adopted pursuant to Article 25 that are not reserved to the Management Board by this Regulation;

2. The Agency shall provide technical assistance to the Commission and the Member States, upon their request, in relation to regulatory efforts to reduce greenhouse gas emissions from ships. In this regard, the Agency may utilize any operational tools or services pertinent to the task. The Agency shall in particular research, analyse and propose relevant guidance or recommendations in relation to the uptake and deployment of sustainable alternative fuels, energy and power systems for all types and size of ships, including onshore power supply and wind propulsion assistance as well as in relation to energy efficiency measures.

Amendment 28

Proposal for a regulation

Article 621 – paragraph 64

Text proposed by the Commission

Amendment

6. The Agency shall every three years present to the Commission a report on the progress made in achieving the decarbonisation of maritime transport at the Union level. Where possible, the report shall include technical analysis on identified issues that could to be addressed at the Union level.

4. The Executive Board shall be composed of the Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members with the right to vote. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.

6. The Agency shall every three years present to the Commission a report on the progress made in achieving the decarbonisation of maritime activities at the Union level. Where possible, the report shall include technical analysis on identified issues that could to be addressed at the Union level taking into account the specificities of different fleet segments and types for ships. The report shall be made publicly available in the Agency webpage.

4. The Executive Board shall be composed of the Chairperson and the deputy Chairperson of the Management Board, one representative of the Commission to the Management Board and two other members appointed by the Management Board from among its members. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board. The executive board may invite other observes to attend its meetings."

Amendment 29

Proposal for a regulation

Article 721 – paragraph 25

Text proposed by the Commission

Amendment

2. The Agency shall assist the Commission and the Member States, together with any other relevant Union body, in developing resilience against cybersecurity incidents in the maritime sector in particular by facilitating the exchange of best practices and information on cyber security incidents between the Member States.

5. The term of office of members of the Executive Board shall be four years with the possibility to be renewed. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.

2. The Agency shall assist the Commission and the Member States, together with any other relevant Union body, especially EFCA, in developing resilience against cybersecurity incidents in the maritime sector in particular by facilitating the exchange of best practices and information on cyber security incidents between the Member States.

5. The term of office of members of the Executive Board shall be four years with the possibility to be renewed once. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.

Amendment 30

Proposal for a regulation

Article 921 – paragraph ~~2 –~~6 ~~point~~a d(new)

Text proposed by the Commission

Amendment

~~(d) to facilitate the re-use and the sharing of data exchanged in the EMSWe using SafeSeaNet.~~

6 a. The Executive Board shall take its decision by consensus. If the Executive Board is not in a position to take a decision by consensus, the matter shall be referred to the Management Board.

~~(d) to facilitate and improve the re-use and the sharing of reliable data exchanged in the EMSWe using SafeSeaNet.~~

Amendment 31

Proposal for a regulation

Article 1222 – paragraph 1 ~~– introductory part~~

Text proposed by the Commission

Amendment

1. The Executive Director shall be appointed by the Management Board on the basis of merit and skills from a list of candidates proposed by the Commission following an open and transparent selection procedure which shall respect the principle of gender balance.

1. The Agency shall, in cooperation with the European Border and Coast Guard Agency, established by Regulation (EU) 2019/1896, and the European Fisheries Control Agency, established by Regulation (EU) 2019/473, each within their respective mandate, support national authorities carrying out coast guard functions, namely fisheries monitoring, border control, maritime safety, security, search and rescue, customs control, general law enforcement and environmental protection, at national and Union level and, where appropriate, at international level by:

1. The Executive Director shall be appointed by the Management Board in accordance with the following procedure:

(a) on the basis of a shortlist drawn up by the Commission after a call for candidates and a transparent selection procedure which shall respect the principle of gender balance, applicants will be asked to address the Council and the competent committee of the European Parliament and to reply to questions;

(b) the European Parliament and the Council will then give their opinions and state their preferences;

Justification

Similar to FRA agency

Amendment 32

Proposal for a regulation

Article 1222 – paragraph 1 ~~– point~~ a (new)

Text proposed by the Commission

Amendment

(a) sharing, fusing and analysing information available in ship reporting systems and other information systems hosted by or accessible to those agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;

1 a. The Executive Director shall be engaged as a temporary agent of the Agency under Article 2, point (a), of the Conditions of Employment of Other Servants and be responsible for the day-to-day management of the Agency.

(a) sharing, fusing and analysing data and information available in ship reporting systems and other information systems hosted by or accessible to those agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;

Amendment 33

Proposal for a regulation

Article 1222 – paragraph ~~1 – point c~~4

Text proposed by the Commission

Amendment

~~(c) building capacity by drawing up guidelines and recommendations and by establishing best practices as well as by providing training and exchange of staff;~~

~~(c) building capacity by drawing up guidelines and recommendations and by establishing and sharing best practices as well as by providing training and exchange of staff;~~

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

Justification

Similar to FRA agency

Amendment 34

Proposal for a regulation

Article 1222 – paragraph ~~1 – point d~~5

Text proposed by the Commission

Amendment

~~(d) enhancing the exchange of information and cooperation on coast guard functions including by analysing operational challenges and emerging risks in the maritime domain;~~

5. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post.

(d) enhancing the exchange of information and cooperation on coast guard functions including by analysing operational challenges and emerging risks in the maritime domain by using, among others, available digital tools to simulate the effect of accidents in order to support coast guard authorities in the their functions;

5. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

Amendment 35

Proposal for a regulation

Article 1222 – paragraph ~~1 – point e~~6

Text proposed by the Commission

Amendment

(e) sharing capacity by planning and implementing multipurpose operations and by sharing assets and other capabilities, to the extent that these activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned.

6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.

(e) sharing capacity by planning and implementing multipurpose operations and by sharing assets, equipment and other capabilities, to the extent that these activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned;

6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. The European Parliament and the Council shall be informed of the reasons.

Amendment 36

Proposal for a regulation

Article 1222 – paragraph ~~1 – point e~~6 a (new)

Text proposed by the Commission

Amendment

(e a) sharing the relevant research, developments and technologies, including artificial intelligence, in a collaborative and flexible way, to find solutions to the challenges faced in the different areas;

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

Amendment 37

Proposal for a regulation

Article 1222 – paragraph ~~1 – point e b (new)~~7

Text proposed by the Commission

Amendment

(e b) increasing the cooperation in order to collect data for marine scientific research purpose on marine ecosystems, physical oceanography, marine chemistry, marine biology, fisheries, scientific ocean drilling and coring, geological and geophysical research, and other activities;

7. The Executive Director shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other servants.

deleted

Justification

Shifted to the beginning of this Article.

Amendment 38

Proposal for a regulation

Article 1223 – paragraph ~~1 – point e c (new)~~3

Text proposed by the Commission

Amendment

~~(e c) implementing cooperation projects with third countries to improve maritime safety, pollution prevention by ships, maritime security and preservation of the marine environment;~~

3. The Executive Director shall report to the European Parliament on the performance of his/her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties. The Executive Director may be called upon at any time by the European Parliament or by the Council to attend a hearing on any matter linked to the Agency's activities.

Amendment 39

Proposal for a regulation

Article 1223 – paragraph 15 – point ~~e d (new)~~a

Text proposed by the Commission

Amendment

~~(e d) reinforcing the monitoring of European waters to detect illegal waste spills and potential oil spills;~~

(a) ensure the sustainable and efficient day-to-day administration of the Agency;

(a) ensure the day-to-day administration of the Agency;

Amendment 40

Proposal for a regulation

Article 1226 – paragraph 23 – point c

Text proposed by the Commission

Amendment

2. Without prejudice to the powers of the Management Board of the Agency set out in Article 15, the precise forms of cooperation on coast guard functions between the Agency, the European Border and Coast Guard Agency and the European Fisheries Control Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to those agencies. Such an arrangement shall be approved by the management Board of the Agency, the Administrative Board of the European Fisheries Control Agency and the management board of the European Border and Coast Guard Agency.

(c) any fees and charges for infrastructure, publications, training or any other services falling under the scope of this Regulation provided by the Agency in accordance with the implementing acts adopted pursuant to Article 33;

2. Without prejudice to the powers of the Management Board of the Agency set out in Article 15, the precise forms of cooperation on coast guard functions between the Agency, the European Border and Coast Guard Agency and the European Fisheries Control Agency shall be determined in a flexible working arrangement, in accordance with their respective mandates and the financial rules applicable to those agencies. Such an arrangement shall be approved by the management Board of the Agency, the Administrative Board of the European Fisheries Control Agency and the management board of the European Border and Coast Guard Agency.

(c) fees and charges for infrastructure, publications and training falling under the scope of this Regulation provided by the Agency in accordance with the delegated acts adopted pursuant to Article 33;

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 41

Proposal for a regulation

Article 1526 – paragraph 13 – ~~subparagraph~~point 1d a (new)

Text proposed by the Commission

Amendment

~~The Management Board shall be composed of one representative of each Member State and four representatives of the Commission, all with voting rights.~~

(d a) The amount and origin of any revenue referred to in points (b) (c) and (d) of the first sub-paragraph of this paragraph shall be included in the annual accounts of the Agency and clearly detailed in the annual report on the Agency’s budgetary and financial management referred to in paragraph 2 of Article 29.

The Management Board shall be composed of one representative of each Member State, four representatives of the Commission and one representative of the European Parliament. Only representatives of the Member States and the Commission shall have voting rights.

Amendment 42

Proposal for a regulation

Article 1527 – paragraph 28

Text proposed by the Commission

Amendment

~~2. Each Member State and the Commission shall appoint their members of the Management Board as well as an alternate who will represent the member in his or her absence.~~

8. The Agency's budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where necessary, it shall be adjusted accordingly.

~~2. Each Member State, the Commission and the European Parliament shall appoint their members of the Management Board as well as an alternate who will represent the member in his or her absence.~~

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

Amendment 43

Proposal for a regulation

Article 4132 – paragraph 14 a (new)

Text proposed by the Commission

Amendment

1. No later than 5 years after the [date of entry into force], and every 5 years thereafter, the Commission shall conduct an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency and its working practices. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.

4a. In order to achieve financial savings, the Agency shall where appropriate cooperate closely with other Union institutions, agencies and bodies, especially those that have their seat in the same Member State.

1. No later than 5 years after the [date of entry into force], and every 5 years thereafter, the Commission shall conduct an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency and its working practices, including its cooperation with other EU Agencies and especially those refered to in Article 12. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, including how cooperation with other EU Agencies can be improved, and the financial implications of any such modification.

Amendment 44

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

Proposal for a regulation

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

Article 33 – title

Text proposed by the Commission

Amendment

Implementing acts relating to fees and charges

Delegated acts relating to fees and charges

Amendment 45

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission shall adopt, in accordance with the principles set out in paragraphs 2, 3 and 4 implementing acts specifying:

The Commission shall adopt, in accordance with the principles set out in paragraphs 2, 3 and 4 delegated acts specifying:

Amendment 46

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) the fees and charges payable to the Agency, in particular in application of Article 26 (3) point (c); and

(a) the fees and charges payable to the Agency in application of Article 26 (3) point (c); and

Amendment 47

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34 (2).

deleted

Amendment 48

Proposal for a regulation

Article 34

Text proposed by the Commission

Amendment

Article 34

deleted

Committee procedure

1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council45 . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

__________________

45 Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, p. 1).

Amendment 49

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU, Euratom) No 883/2013 the Agency shall adopt appropriate provisions applicable to all employees of the Agency.

1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU, Euratom) No 883/2013, as well as observance of human rights and environmental protection principles, the Agency shall adopt appropriate provisions applicable to all employees of the Agency.

Amendment 50

Proposal for a regulation

Article 38 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Agency shall be encouraged to deploy interoperable platforms such as EDES, in order to mitigate potential risks listed in paragraph 1.

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:

Entity and/or person

~~Europeche, Association of National Organizations of Fishing Enterprises in the European Union~~

The rapporteur has received no input from entities or persons in the preparation of the draft opinion until its adoption in committee.

~~Comisiones Obreras (CC.OO) - Fisheries sector~~

~~Federación Andaluza de Cofradías~~

~~Permanent Representation of Spain to the European Union~~

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

PROCEDURE – COMMITTEE ASKED FOR OPINION

Date announced in plenary

~~PECH~~

BUDG

10.7.2023

Date appointed

~~Clara Aguilera~~

Niclas Herbst

~~5.9.2023~~

28.6.2023

Discussed in committee

Date adopted

~~29.11.2023~~

7.11.2023

Result of final vote

Members present for the final vote

Clara Aguilera, João Albuquerque, Pietro Bartolo, Izaskun Bilbao Barandica, Isabel Carvalhais, Maria da Graça Carvalho, Asger Christensen, Rosa D’Amato, Francisco Guerreiro, Anja Haga, Niclas Herbst, Ladislav Ilčić, France Jamet, Predrag Fred Matić, Francisco José Millán Mon, Ana Miranda, João Pimenta Lopes, Caroline Roose, Bert-Jan Ruissen, Marc Tarabella, Theodoros Zagorakis

Olivier Chastel, Andor Deli, José Manuel Fernandes, Alexandra Geese, Vlad Gheorghe, Valérie Hayer, Eero Heinäluoma, Hervé Juvin, Moritz Körner, Pierre Larrouturou, Janusz Lewandowski, Margarida Marques, Siegfried Mureşan, Lefteris Nikolaou-Alavanos, Andrey Novakov, Bogdan Rzońca, Eleni Stavrou, Nils Torvalds, Nils Ušakovs, Rainer Wieland, Angelika Winzig

Substitutes present for the final vote

~~Gabriel Mato~~

Jan Olbrycht, Mauri Pekkarinen

Substitutes under Rule 209(7) present for the final vote

~~Erik Poulsen, Anne Sander~~

Lena Düpont, Mónica Silvana González, Catherine Griset, Predrag Fred Matić

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION