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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposalCouncil forposition at first reading with a view to the adoption of 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(10056/1/2025 – C90190/2023C100254/2025 – 2023/0163(COD))
(Ordinary legislative procedure: firstsecond reading)
– having regard to the CommissionCouncil proposalposition toat Parliamentfirst andreading the(10056/1/2025 Council– (COM(2023)0269),C100254/2025),
– having regard to Article 294(2) and Article 100 (2) of the Treaty on the Functioningopinion of the European Union, pursuant to which theEconomic Commissionand submittedSocial theCommittee proposalof to20 ParliamentSeptember (C90190/2023),2023,
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– after consulting the Committee of the Regions,
– having regard to theits opinionposition ofat first reading on the EuropeanCommission Economicproposal andto SocialParliament Committeeand ofthe xxx,Council (COM(2023)0269),
– having regard to theArticle opinion294(7) of the CommitteeTreaty ofon the RegionsFunctioning of xxx,the European Union,
– having regard to the provisional agreement approved by the committee responsible under Rule 5975(4) of its Rules of Procedure,
– having regard to theRule opinions68 of the Committee on Budgetsits andRules of the Committee on Fisheries,Procedure,
– having regard to the reportrecommendation for second reading of the Committee on Transport and Tourism (A90000/2023),(A100000/2025),
1. AdoptsApproves itsthe Council position at first reading hereinafter set out;reading;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
2. Notes that the act is adopted in accordance with the Council position;
3. Instructs its President to forwardsign itsthe positionact towith the President of the Council, in accordance with Article 297(1) of the CommissionTreaty andon the nationalFunctioning parliaments.of the European Union;
Amendment 1
4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;
Proposal for a regulation
5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Recital 8
SHORT JUSTIFICATION
Text proposed by the Commission
The Council position at first reading reflects the political agreement reached between the Parliament and the Council during interinstitutional negotiations at early second-reading stage.
Amendment
The adopted provisions aim to update the mandate of the European Maritime Safety Agency (EMSA) by better reflecting its new tasks regarding maritime safety in the new geopolitical context, sustainability and decarbonisation, as well as trainings. The provisions also ensure a balanced approach toward the governance rules of the Agency
(8) The Agency was initially established with the objective of contributing to the establishment of a high level of maritime safety across the Union while also assisting the pollution prevention from ships and later also from oil and gas installations. While these objectives were further strengthened with the addition of promoting maritime security, the Agency’s focus, during recent years, on support to regulatory developments in the area of decarbonisation and digitalisation of shipping merit the addition of those areas in the overall objectives of the Agency enabling it to contribute to the goals of the twin, green and digital, transition of the industry. Likewise, the crucial role of the Agency in the provision of a maritime awareness picture in the sea, through satellite images and the operation of remotely piloted aircraft systems, justifies the addition of a relevant overall objective for the Agency.
The agreed text is the result of long and extensive negotiations. The co-legislators have reached a balanced compromise on the revision of the founding regulation of the Agency, ensuring that it reflects current needs and realities.
(8) The Agency was initially established with the objective of contributing to the establishment of a high level of maritime safety across the Union while also assisting the pollution prevention from ships and later also from oil and gas installations. While these objectives were further strengthened with the addition of promoting maritime security, the Agency’s focus, during recent years, on support to regulatory developments in the area of decarbonisation and digitalisation of shipping, including ports, merit the addition of those areas in the overall objectives of the Agency enabling it to contribute to the goals of the twin, green and digital, transition of the industry. Likewise, the crucial role of the Agency in the provision of a maritime awareness picture in the sea, through satellite images and the operation of remotely piloted aircraft systems, justifies the addition of a relevant overall objective for the Agency.
Or. en
Justification
The importance of mentioning the entire maritime ecosystem.
Amendment 2
Proposal for a regulation
Recital 11
Text proposed by the Commission
Amendment
(11) In addition to the specific tasks, the Agency should provide horizontal, technical support, upon request by the Commission or the Member States, for the implementation of any task that falls under the remit of its competences and objectives, stemming from future needs and developments at the Union level. Such additional tasks shall be subjected to a consideration of the available human and financial resources, which the Management Board of the Agency should take into account before deciding to include them in the Single Programming Document of the Agency as part of its annual or multiannual work program. This is necessary to ensure that certain tasks which constitute the core of the Agency could be prioritised if needed.
(11) In addition to the specific tasks, the Agency should provide horizontal, technical support, upon request by the Commission or the Member States, for the implementation of any task that falls under the remit of its competences and objectives, stemming from future needs and developments at the Union level under the remits of maritime legislation. Such additional tasks shall be subjected to a consideration of the available human and financial resources, which the Management Board of the Agency should take into account before deciding to include them in the Single Programming Document of the Agency as part of its annual or multiannual work program. Therefore, new additional tasks should be accompanied with a legislative financial statement presented to the legislative and budgetary authorities. This is necessary to ensure that certain tasks which constitute the core of the Agency could be prioritised if needed.
Or. en
Justification
The importance of having a legislative financial statement whenever new tasks are assigned.
Amendment 3
Proposal for a regulation
Recital 13
Text proposed by the Commission
Amendment
(13) This technical expertise of the Agency should be further cultivated by conducting research in the maritime field and contributing to the relevant Union’s activities in the area. The Agency should contribute with a proactive approach to the objectives of enhancing maritime safety, security, decarbonisation of shipping and prevention of pollution by ships. In this regard, the Agency could issue relevant non-binding guidance, recommendations or manuals that could assist the Commission, the Member States and/or the maritime industry in attaining these objectives.
(13) This technical expertise of the Agency should be further cultivated by conducting research in the maritime field and contributing to the relevant Union’s activities in the area. The Agency should contribute with a proactive approach to the objectives of enhancing maritime safety, security, decarbonisation of shipping and maritime ports and prevention of pollution by ships. In this regard, the Agency could issue relevant non-binding guidance, recommendations or manuals that could assist the Commission, the Member States and/or the maritime industry in attaining these objectives.
Or. en
Justification
The importance of mentioning the entire maritime ecosystem.
Amendment 4
Proposal for a regulation
Recital 14
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).
(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, directly supporting 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).
Or. en
Justification
There should be a European framework on accidents investigations to reduce current disparities across Member States.
Amendment 5
Proposal for a regulation
Recital 16
Text proposed by the Commission
Amendment
(16) In the area of decarbonisation of the shipping sector, efforts to limit global maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, including the rapid implementation of the initial IMO Strategy on Reduction of Greenhouse Gas Emissions from Ships, adopted in 2018. Discussions are undergoing on the means to implement in practice such ambition, including on a revision of the initial strategy. At the Union level, a set of policies and legislative proposals to support the decarbonisation and further promote the sustainability of the maritime sector has been developed, as reflected in particular in the European Green Deal, the Sustainable and Smart Mobility Strategy, the “Fit for 55” package and the Zero Pollution Strategy. As a result, the need to reduce greenhouse gas emissions from the maritime sector should be reflected in the mandate of the Agency.
(16) In the area of decarbonisation of the shipping sector, efforts to limit global maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, including the rapid implementation of the initial IMO Strategy on Reduction of Greenhouse Gas Emissions from Ships, adopted in 2018. Discussions are ongoing on the means to implement in practice such ambition. Those discussions cover the possibility of revising the initial strategy, and offer the opportunity to reflect on the Union´s ambitions at international level and the importance of securing a global level playing field that would result in the strengthening of EU maritime competitiveness. At the Union level, a set of policies and legislative proposals to support the decarbonisation and further promote the sustainability of the maritime sector has been developed, as reflected in particular in the European Green Deal, the Sustainable and Smart Mobility Strategy, the “Fit for 55” package and the Zero Pollution Strategy. As a result, the need to reduce greenhouse gas emissions from the maritime sector should be reflected in the mandate of the Agency.
Or. en
Justification
International role of EMSA due to its expertise.
Amendment 6
Proposal for a regulation
Recital 17
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.
(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. This includes monitoring and reporting on the impacts of EU ETS Maritime and FuelEU Maritime on port traffic, port evasion and traffic shift to transhipment ports in third countries, at the detriment of EU ports. 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-assisted propulsion solutions, as well as new greenhouse gas abatement technologies, such as onboard carbon capture. Furthermore, it should also share its expertise related with ports safety-related risks, bunkering and storage on uptaking sustainable alternative fuels, technological and regulatory barriers. 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.
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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).
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).
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).
Or. en
Justification
EMSA role on supporting the implementation of FuelEU Maritime1 and Extension of the ETS to maritime transport.
Amendment 7
Proposal for a regulation
Recital 18
Text proposed by the Commission
Amendment
(18) In the area of maritime security, the Agency should continue to provide technical assistance to the Commission inspections in the framework of Regulation 725/2004 of the European Parliament and of the Council27 on enhancing ship and port facility security. Given that the number of cybersecurity incidents in the maritime sector has gone up significantly in recent years, the Agency should assist Union efforts to enhance resilience against cybersecurity incidents in the maritime sector by facilitating the exchange of best practices and information on cyber security incidents between the Member States.
(18) In the area of maritime security, the Agency should continue to provide technical assistance to the Commission inspections in the framework of Regulation 725/2004 of the European Parliament and of the Council27 on enhancing ship and port facility security. Given that the number of cybersecurity incidents in the maritime sector has gone up significantly in recent years, the Agency should assist Union efforts to enhance resilience against cybersecurity incidents in the maritime sector by preparing guidelines, facilitating the exchange of best practices and information on cyber security incidents between the Member States.
__________________
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27 Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 onenhancing ship and port facility security, OJ L 129 of 29.4.2004, p. 6
27 Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 onenhancing ship and port facility security, OJ L 129 of 29.4.2004, p. 6
Or. en
Justification
The importance of MS´s preparedness regarding cybersecurity incidents.
Amendment 8
Proposal for a regulation
Recital 19
Text proposed by the Commission
Amendment
(19) The Agency should continue to host the vessel monitoring and information system established under Directive 2002/59/EC of the European Parliament and of the Council28 together with other systems underpinning the establishment of a maritime awareness picture. In this regard, the Agency should continue to play a vital role in the management of the maritime security component of Copernicus programme and should continue making use of available state-of-the-art technology, such as remotely piloted aircraft systems providing to Member States and other Union bodies a useful tool for surveillance and monitoring. In addition to these services, the Agency has demonstrated its strategic role in providing maritime situational awareness supporting various crises, such as the COVID-19 and Russia’s war of aggression against Ukraine. As a result, the Agency should operate a centre, open 24 hours per day and 7 days per week, which should assist the Commission and the Member States with such emergency situations.
(19) The Agency should continue to host the vessel monitoring and information system established under Directive 2002/59/EC of the European Parliament and of the Council28 together with other systems underpinning the establishment of a maritime awareness picture. In this regard, the Agency should continue to play a vital role in the management of the maritime security component of Copernicus programme and should continue making use of available state-of-the-art technology, such as remotely piloted aircraft systems providing to Member States and other Union bodies a useful tool for surveillance and monitoring. In addition to these services, the Agency has demonstrated its strategic role in providing maritime situational awareness supporting various crises, such as the COVID-19 and Russia’s war of aggression against Ukraine. As a result, the Agency should operate a centre, open 24 hours per day and 7 days per week, which should assist the Commission and the Member States and provide information regarding potential and emergency situations. In support of a strong and united answer of the Union and its Member States to Russia’s war of aggression against Ukraine, the Agency should, inter alia, monitor suspicious behaviour around pipelines and detect sanctions evasion at sea.
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28 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).
28 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).
Or. en
Justification
EMSA provides assistance to the implementation of sanctions against Russia and to the United Nations bodies on the “grain corridors”.
Amendment 9
Proposal for a regulation
Recital 22
Text proposed by the Commission
Amendment
(22) In the context of the IMO, the International Labour Organisation (ILO) and the Paris Memorandum of Understanding on Port State Control, signed at Paris on 26 January 1982 (‘Paris MoU’), the Commission and the Member States may need technical assistance and expertise. Likewise, the Commission may also need the technical assistance of the Agency in supporting third countries in the maritime domain, in particular with capacity building and pollution prevention and response means. The Management Board of the Agency should be tasked with adopting a strategy for international relations of the Agency concerning matters under its competence, as part of the single programming document.
(22) In the context of the IMO, the International Labour Organisation (ILO) and the Paris Memorandum of Understanding on Port State Control, signed at Paris on 26 January 1982 (‘Paris MoU’), the Commission and the Member States may need technical assistance and expertise, thus the role of EMSA should be reinforced, in particular within IMO, where EMSA should participate in and attend the discussions. Likewise, the Commission may also need the technical assistance of the Agency in supporting third countries in the maritime domain, in particular with capacity building and pollution prevention and response means. The Management Board of the Agency should be tasked with adopting a strategy for international relations of the Agency concerning matters under its competence, as part of the single programming document.
Or. en
Justification
The role of EMSA within IMO must be reinforced.
Amendment 10
Proposal for a regulation
Recital 25
Text proposed by the Commission
Amendment
(25) In order to streamline the decision-making process in the Agency and to contribute to enhancing efficiency and effectiveness, a two-level governance structure should be introduced. To that end, the Member States and the Commission should be represented on a Management Board vested with the necessary powers, including the power to establish the budget and approve the programming document. The Management Board should give general orientations for the Agency's activities and be more closely involved in the monitoring of the Agency's activities, with a view to reinforcing supervision on administrative and budgetary matters. A smaller Executive Board should be set up with the task of preparing the meetings of the Management Board in an appropriate manner and supporting its decision-making process. The powers of the Executive Board should be defined in a mandate to be adopted by the Management Board and should, where necessary, include opinions and provisional decisions subject to final endorsement by the Management Board. The Agency should be headed by an Executive Director.
(25) In order to streamline the decision-making process in the Agency and to contribute to enhancing efficiency and effectiveness, a two-level governance structure should be introduced. To that end the Member States and the Commission should be represented on a Management Board vested with the necessary powers, including the power to establish the budget and approve the programming document. The European Parliament should be represented as an observer. The Management Board should give general orientations for the Agency's activities and be more closely involved in the monitoring of the Agency's activities, with a view to reinforcing supervision on administrative and budgetary matters. A smaller Executive Board should be set up with the task of preparing the meetings of the Management Board in an appropriate manner and supporting its decision-making process. The powers of the Executive Board should be defined in a mandate to be adopted by the Management Board and should, where necessary, include opinions and provisional decisions subject to final endorsement by the Management Board. The Agency should be headed by an Executive Director.
Or. en
Justification
It is important to strengthen the relations between the European Parliament and the Agency.
Amendment 11
Proposal for a regulation
Recital 27
Text proposed by the Commission
Amendment
(27) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through fees and charges paid by third countries or other entities. The Agency's independence and impartiality should not be compromised by any financial contribution that it receives from Member States, third countries or other entities. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency's organisation should be transparent and the Executive Director should have full responsibility. The Agency's staff should be independent and should be employed on both short-term and long-term contracts in order to maintain its organisational knowledge and business continuity, while keeping a necessary and ongoing exchange of expertise with the maritime sector. The expenditure of the Agency should include staff, administrative, infrastructure and operational expenses.
(27) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through proportional fees and charges paid by third countries or other entities. The Agency's independence and impartiality should not be compromised by any financial contribution that it receives from Member States, third countries or other entities. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency's organisation should be transparent and the Executive Director should have full responsibility. The Agency's staff should be independent and should be employed on both short-term and long-term contracts in order to maintain its organisational knowledge and business continuity, while keeping a necessary and ongoing exchange of expertise with the maritime sector. The expenditure of the Agency should include staff, administrative, infrastructure and operational expenses.
Or. en
Justification
The fees imposed to the maritime stakeholders should be proportional.
Amendment 12
Proposal for a regulation
Article 2 – paragraph 1
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.
1. The objectives of the Agency shall be the promotion and establishment of a high, uniform and effective level of maritime safety aiming at the maximum reduction of 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.
Or. en
Justification
The objectives of the Agency have to be tangible.
Amendment 13
Proposal for a regulation
Article 4 – paragraph 1
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.
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 and battery technologies used for propulsion, or as “zero emission technologies”, as defined in [FuelEU Maritime].
Or. en
Justification
Terminology used in the FuelEU Maritime Regulation.
Amendment 14
Proposal for a regulation
Article 4 – paragraph 4 – 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. The Agency shall be invited by Member States, where no conflict of interest arises, to provide operational support 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.
Or. en
Justification
There should be a European framework on accidents investigations to reduce current disparities across Member States.
Amendment 15
Proposal for a regulation
Article 6 – paragraph 1
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.
1. The Agency shall monitor progress on the operational and technical measures undertaken to increase the energy efficiency of ships and ports and the deployment of sustainable alternative fuels, energy and power systems for ships, including onshore power supply and wind-assisted propulsion and onboard carbon capture, to reduce greenhouse gas emissions from ships.
Or. en
Justification
Terminology used in the FuelEU Maritime Regulation.
Amendment 16
Proposal for a regulation
Article 6 – paragraph 2
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.
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 and ports. 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-assisted propulsion and onboard carbon capture as well as in relation to energy efficiency measures.
Or. en
Justification
Terminology used in the FuelEU Maritime Regulation.
Amendment 17
Proposal for a regulation
Article 7 – paragraph 2
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.
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 providing guidelines, facilitating the exchange of best practices and information on cyber security incidents between the Member States.
Or. en
Amendment 18
Proposal for a regulation
Article 8 – paragraph 1
Text proposed by the Commission
Amendment
1. The Agency shall provide to the Commission and the Member States, upon their request, maritime surveillance and communication services based on state-of-the-art, including space-based and ground infrastructure and sensors mounted on any kind of platform, improving maritime situational awareness.
1. The Agency shall provide to the Commission and the Member States, upon their request, maritime surveillance and communication services based on state-of-the-art, including space-based and ground infrastructure and sensors mounted on any kind of platform, improving maritime situational awareness, including with regard to new geopolitical challenges, such as Russia’s war of aggression against Ukraine and the related security threats to specific Member States and to the Union as a whole.
Or. en
Justification
EMSA provides assistance to the implementation of sanctions against Russia and to the United Nations bodies on the “grain corridors”
Amendment 19
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
The Agency shall operate a center available 24 hours a day and 7 days a week providing, upon request and without prejudice to national and Union law, to the Commission, the competent national authorities, without prejudice to their rights and responsibilities as flag, coastal and port States, and to relevant Union bodies, within their mandate, maritime situational awareness and analytical data, as appropriate, supporting them in:
The Agency shall operate a center available 24 hours a day and 7 days a week providing, without prejudice to national and Union law, to the Commission, the competent national authorities, without prejudice to their rights and responsibilities as flag, coastal and port States, and to relevant Union bodies, within their mandate, maritime situational awareness and analytical data, as appropriate, supporting them in:
Or. en
Amendment 20
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
The Agency shall provide technical assistance necessary for the Member States and the Commission, upon their request, to contribute to the relevant work of the technical bodies of the IMO, the International Labour Organisation as far as shipping is concerned, and the Paris Memorandum of Understanding on Port State Control (‘Paris MoU’) and relevant regional organisations to which the Union has acceded, with regard to matters of Union competence.
The Agency shall provide technical assistance necessary for the Member States and the Commission, upon their request, to contribute to the relevant work of the technical bodies of the IMO, where EMSA should, within the Commission delegation, participate in and attend the discussions, the International Labour Organisation as far as shipping is concerned, and the relevant Memoranda of Understanding on Port State Control and relevant regional organisations to which the Union has acceded, with regard to matters of Union competence.
Or. en
Amendment 21
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission
Amendment
The Management Board shall also include two representatives of the European Parliament, with a role as observer, without voting rights.
Or. en
Justification
It is important to strengthen the relations between the European Parliament and the Agency.
Amendment 22
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
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. It shall forward it to the European Parliament, the Council and the Commission.
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 multi-annual programming, after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission.
Or. en
Justification
It is important to strengthen the relations between the European Parliament and the Agency.
Amendment 23
Proposal for a regulation
Article 22 – paragraph 1
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 Executive Director shall be appointed by the Management Board on the basis of merit and proven competence and experience relevant to the maritime sector from a list of candidates proposed by the Commission following an open and transparent selection procedure which shall respect the principle of gender balance.
Or. en
Justification
Experience about maritime industry should be a criteria for the appointment.
Amendment 24
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. Before appointment, the candidate selected by the Management Board shall be invited to make a statement to the competent committee of the European Parliament and to answer questions put by its members.
Or. en
Justification
It is important to strengthen the relations between the European Parliament and the Agency.
Amendment 25
Proposal for a regulation
Article 32 – paragraph 5
Text proposed by the Commission
Amendment
5. At the request of the Commission, the Management Board may decide, with the agreement of and in cooperation with the Member States concerned and with due regard to budgetary implications, including any contribution the Member States concerned may provide, to establish regional centers necessary in order to carry out, in the most efficient and effective way, some of the Agency’s tasks. When taking such a decision, the Management Board shall define the precise scope of activities of the regional centre while avoiding unnecessary financial costs and enhancing cooperation with existing regional and national networks.
5. At the request of the Commission, the Management Board may decide, after informing the competent committee of the European Parliament, with the agreement of and in cooperation with the Member States concerned and with due regard to budgetary implications, including any contribution the Member States concerned may provide, to establish regional centers necessary in order to carry out, in the most efficient and effective way, some of the Agency’s tasks. When taking such a decision, the Management Board shall define the precise scope of activities of the regional centre while avoiding unnecessary financial costs and enhancing cooperation with existing regional and national networks.
Or. en
Justification
It is important to strengthen the relations between the European Parliament and the Agency.
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.