Sittings · Document

OPINION (COM(2023)0269 – C90190/2023 – 2023/0163(COD)) 2023-11-29

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

Committee on Fisheries · Rapporteur: Clara Aguilera

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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.

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

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

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

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

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

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

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

AMENDMENTS

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

Amendment 1

Proposal for a regulation

Recital 1

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.

(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)

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.

Amendment 3

Proposal for a regulation

Recital 5 a (new)

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.

Amendment 4

Proposal for a regulation

Recital 9

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.

Amendment 5

Proposal for a regulation

Recital 10

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.

(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.

Amendment 6

Proposal for a regulation

Recital 11 a (new)

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.

Amendment 7

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 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.

Amendment 8

Proposal for a regulation

Recital 14 a (new)

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.

Amendment 9

Proposal for a regulation

Recital 14 b (new)

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.

Amendment 10

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 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.

__________________

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)

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.

Amendment 12

Proposal for a regulation

Recital 23

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.

__________________

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)

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.

Amendment 14

Proposal for a regulation

Article 1 – paragraph 2

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.

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.

Amendment 15

Proposal for a regulation

Article 1 – paragraph 3

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.

Amendment 16

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 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.

Amendment 17

Proposal for a regulation

Article 2 – paragraph 2

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.

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.

Amendment 18

Proposal for a regulation

Article 3 – paragraph 5

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.

Amendment 19

Proposal for a regulation

Article 3 – paragraph 6

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.

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.

Amendment 20

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 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.

Amendment 21

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, 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.

Amendment 22

Proposal for a regulation

Article 4 – paragraph 4 – 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.

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.

Amendment 23

Proposal for a regulation

Article 4 – paragraph 9

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..

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.

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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 4 – paragraph 9 a (new)

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.

Amendment 25

Proposal for a regulation

Article 5 – 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

Amendment 26

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 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.

Amendment 27

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. 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 6 – paragraph 6

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.

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.

Amendment 29

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, 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.

Amendment 30

Proposal for a regulation

Article 9 – paragraph 2 – point d

Text proposed by the Commission

Amendment

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

(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 12 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

Amendment 32

Proposal for a regulation

Article 12 – paragraph 1 – point a

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;

(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 12 – paragraph 1 – point c

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;

Amendment 34

Proposal for a regulation

Article 12 – paragraph 1 – point d

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;

(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;

Amendment 35

Proposal for a regulation

Article 12 – paragraph 1 – point e

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.

(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;

Amendment 36

Proposal for a regulation

Article 12 – paragraph 1 – point e 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;

Amendment 37

Proposal for a regulation

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

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;

Amendment 38

Proposal for a regulation

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

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;

Amendment 39

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Amendment 40

Proposal for a regulation

Article 12 – paragraph 2

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.

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.

Amendment 41

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 1

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.

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 15 – paragraph 2

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.

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.

Amendment 43

Proposal for a regulation

Article 41 – paragraph 1

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.

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.

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

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

Entity and/or person

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

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

Title

European Maritime Safety Agency and repealing Regulation (EC) No 1406/2002

References

COM(2023)0269 – C9-0190/2023 – 2023/0163(COD)

Committee responsible

Date announced in plenary

TRAN

10.7.2023

Opinion by

Date announced in plenary

PECH

10.7.2023

Rapporteur for the opinion

Date appointed

Clara Aguilera

5.9.2023

Discussed in committee

9.10.2023

Date adopted

29.11.2023

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

Substitutes present for the final vote

Gabriel Mato

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

Erik Poulsen, Anne Sander

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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