Sittings · Document

Draft report (COM(2023)0269 – C9-0190/2023 – 2023/0163(COD)) 2023-10-12

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

Committee on Transport and Tourism

Official HTML ↗ PDF DOCX

AM_Com_LegReport

Amendment 26

Caroline Nagtegaal, Jan-Christoph Oetjen

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(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.

(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 and port areas 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

Amendment 27

Caroline Nagtegaal, Jan-Christoph Oetjen

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a) The efficiency of the Agency should be ensured in case of urgency and force majeur situations, therefore any additional tasks, which could be completed in due time should be prioritised, upon the approval of the Management Board of the Agency.

Or. en

Amendment 28

Cláudia Monteiro de Aguiar

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) The Agency is at the forefront of the technical expertise in the areas of its competence and thus it should provide training and capacity building activities to the Member States with the development of common core curricula courses and the use of the most technologically advanced tools in their delivery. Among others, the Agency should support the training of Port State Control inspectors of the Member States and officials of the Flag State Administrations to conduct targeted inspections as regards the implementation and enforcement of the MLC 2006 in relation to the implementation of seafarers' rights and working and living conditions on board ships.

Or. en

Amendment 29

Caroline Nagtegaal, Jan-Christoph Oetjen

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) The Agency is at the forefront of the technical expertise in the areas of its competence and thus it should provide training and capacity building activities to the Member States with the development of common core curricula courses and the use of the most technologically advanced tools in their delivery. In order to increase the attractiveness of all maritime related professions, including seafarers, the Agency should consider their lifelong learning needs and should build upon a network of all universities, institutes or any other establishments providing for suitable qualifications.

Or. en

Amendment 30

Caroline Nagtegaal, Jan-Christoph Oetjen

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. 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 and the related infrastructure in port areas, including onshore power supply to ships and in relation to the deployment of energy efficiency and wind propulsion assistance solutions. In order to monitor and pave the way for progress in the area of decarbonisation of the shipping sector and port areas, the Agency should report to the Commission and the Parliament on the greenhouse gas reduction efforts and any recommendations that might have every year. The Agency should also report on all the administrative and practical difficulties met by Member States in implementing the related legislative acts.

_________________

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).

Or. en

Amendment 31

Jutta Paulus

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 slow steaming, onshore power supply to ships and in relation to the deployment of energy efficiency and wind, solar and kinetic wave 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.

_________________

Or. en

Amendment 32

Jan-Christoph Oetjen

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17a) A strong and innovative European shipbuilding and maritime equipment industry plays a key enabling role in achieving the decarbonisation of waterborne transport and the waterborne industry, while providing a reliable supply of commercial and naval vessels, offshore vessels and platforms and strategic or critical technologies, thus contributing to Europe’s defence, strategic autonomy, resilience and economic independence vis-a-vis third countries. A true level playing field and a sector-specific European industrial strategy are required to further strengthen this industry and enabling it to tap into the full potential of the European Green Deal as well as to fulfil its strategic key enabling role.

Or. en

Amendment 33

Caroline Nagtegaal, Jan-Christoph Oetjen

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 prevent and 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.

_________________

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

Amendment 34

Caroline Nagtegaal, Jan-Christoph Oetjen

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Digitalisation of data is part of technological progress in the area of data collection and communication with a view to helping to bring down costs and making efficient use of human resources. The deployment and operation of Maritime Autonomous Surface Ships (MASS) and the digital and technological developments provide a wide range of new opportunities in terms of data collection and management of integrated systems. This creates opportunities for the potential digitalisation, automation and standardisation of several processes, which would allow for the facilitation of safety, security, sustainability and efficiency of maritime operations, including surveillance mechanisms, at Union level, reducing in parallel the administrative burden to the Member States. In this regard, the Agency should, among others, facilitate and promote the use of electronic certificates, the collection, recording and evaluation of technical data, the systematic exploitation of existing databases, including their cross-fertilisation through the use of innovative IT and artificial intelligence tools, and, where appropriate, the development of additional interoperable databases.

(20) Digitalisation of data is part of technological progress in the area of data collection and communication with a view to helping to bring down costs, reducing administrative burden and making efficient use of human resources. The deployment and operation of Maritime Autonomous Surface Ships (MASS) and the digital and technological developments provide a wide range of new opportunities in terms of data collection and management of integrated systems. This creates opportunities for the potential digitalisation, automation and standardisation of several processes, which would allow for the facilitation of safety, security, sustainability and efficiency of maritime operations, including surveillance mechanisms, at Union level, reducing in parallel the administrative burden to the Member States. In this regard, the Agency should, among others, facilitate and promote the use of electronic certificates, the collection, recording and evaluation of technical data, the systematic exploitation of existing databases, including their cross-fertilisation through the use of innovative IT and artificial intelligence tools, and, where appropriate, the development of additional interoperable databases.

Or. en

Amendment 35

Caroline Nagtegaal

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. Therefore, the Agency, represented by the Executive Director, who is directly accountable to the Management Board of the Agency, shall take part in the related meetings. 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

Amendment 36

Cláudia Monteiro de Aguiar

Proposal for a regulation

Recital 34 a (new)

Text proposed by the Commission

Amendment

(34a) The proposed increase in EMSA's resources is insufficient given the extent of the proposed increase in the Agency's tasks and the scale of the EU's ambitions for maritime policy. Thus, the amount of the financial resources dedicated to this proposal should be drawn from the unallocated margins under MFF ceilings or mobilised through the non-thematic MFF special instruments. Since the Commission proposal for MFF revision did not reinforce EMSA budget, the increase in appropriations for EMSA cannot be offset by a compensatory reduction of programmed spending under CEF Transport or lead to a reduction of the funding for any other Union programmes.

Or. en

Amendment 37

Jutta Paulus

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

4. Any assistance provided by the Agency shall be without prejudice to the rights and responsibilities of the Member States as flag, port or coastal States.

4. Any assistance provided by the Agency shall be without prejudice to the rights and responsibilities but in support of the Member States as flag, port or coastal States.

Or. en

Amendment 38

Jutta Paulus

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, 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 as well as oil and gas installations or other industrial activities.

Or. en

Amendment 39

Caroline Nagtegaal, Jan-Christoph Oetjen

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 promotion of digitalisation of the maritime sector by facilitating the electronic transmission of data supporting simplification, reduction of administrative burden and the provision of integrated maritime surveillance and awareness systems and services to the Commission and the Member States.

Or. en

Amendment 40

Sara Cerdas, Josianne Cutajar

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Agency shall assist the Commission:

1. The Agency shall assist the Commission and the Member States:

Or. en

Amendment 41

Jutta Paulus

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) in the control of the effective implementation of relevant binding legal acts of the Union, falling under the objectives of the Agency, in particular by carrying-out the visits and inspections as referred to in Article 10. In this regard, the Agency may address suggestions to the Commission for possible improvements;

(a) in the control of the effective implementation of relevant binding legal acts of the Union, falling under the objectives of the Agency, in particular by carrying-out the visits and inspections as referred to in Article 10, including ad-hoc and unanounced inspections, in accordance with Article 7 of Directive xx.xx [Flag State Directive to be adopted]. In this regard, the Agency may address suggestions to the Commission for possible improvements;

Or. en

Amendment 42

Jutta Paulus

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. The Agency shall contribute, at the Commission’s request, or on its own initiative, subject to the approval of the Management Board in accordance with Article 17, to maritime research activities at the Union level consistent with the objectives of the Agency. In this regard, the Agency shall assist the Commission and the Member States in identifying key research themes, without prejudice to other research activities at the Union level, and in analyzing ongoing and completed research projects relevant to the objectives of the Agency. Where appropriate, subject to the applicable rules on intellectual property and security considerations, the Agency may disseminate the results of its research and innovation activities, following approval by the Commission, as part of its contribution to creating synergies between the research and innovation activities of other Union bodies and the Member States.

4. The Agency shall contribute, at the Commission’s request, or on its own initiative, subject to the approval of the Management Board in accordance with Article 17, to maritime research activities at the Union level consistent with the objectives of the Agency. In this regard, the Agency shall assist the Commission and the Member States in identifying key research themes, without prejudice to other research activities at the Union level, and in analyzing ongoing and completed research projects relevant to the objectives of the Agency. Where appropriate, subject to the applicable rules on intellectual property and security considerations, the Agency shall disseminate the results of its research and innovation activities, following approval by the Commission, as part of its contribution to creating synergies between the research and innovation activities of other Union bodies and the Member States.

Or. en

Amendment 43

Caroline Nagtegaal, Jan-Christoph Oetjen

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.

Or. en

Amendment 44

Jutta Paulus

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 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.

Or. en

Amendment 45

Pierre Karleskind

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The Agency shall assist the Commission in the development and maintenance of the databases provided for in Articles 24 and 24a of Directive 2009/16/EC. On the basis of the data collected, the Agency shall assist the Commission in the analysis of the relevant information and the publication of information concerning ships and companies with low and very low performance pursuant to Directive 2009/16/EC. The publication of information will include the name of the ship, company ownership, CII notes, FuelEU marine penalties, container losses, collisions with cetaceans and general working conditions as described in the MLC 2006 agreement.

Or. en

Amendment 46

Sara Cerdas, Josianne Cutajar

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The Agency shall assist the Commission and the Member States in the development and maintenance of the databases provided for in Articles 24 and 24a of Directive 2009/16/EC. On the basis of the data collected, the Agency shall assist the Commission in the analysis of the relevant information and the publication of information concerning ships and companies with low and very low performance pursuant to Directive 2009/16/EC.

Or. en

Amendment 47

Caroline Nagtegaal, Jan-Christoph Oetjen

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, if requested by the concerned Member States and where no conflict of interest arises, provide operational and technical 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.

Or. en

Amendment 48

Sara Cerdas, Josianne Cutajar

Proposal for a regulation

Article 4 – paragraph 7

Text proposed by the Commission

Amendment

7. The Agency shall assist the Commission in the implementation of Directive 2014/90/EU of the European Parliament and of the Council39 by providing its technical assessment on safety aspects, providing recommendations with lists of the respective design, construction and performance requirements and testing standards, developing and maintaining the database provided for in Article 35(4) of that Directive and facilitating cooperation between notified assessment bodies acting as the technical secretariat for their coordination group.

7. The Agency shall assist the Commission and the Member States in the implementation of Directive 2014/90/EU of the European Parliament and of the Council39 by providing its technical assessment on safety aspects, providing recommendations with lists of the respective design, construction and performance requirements and testing standards, developing and maintaining the database provided for in Article 35(4) of that Directive and facilitating cooperation between notified assessment bodies acting as the technical secretariat for their coordination group.

_________________

39 Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146).

Or. en

Amendment 49

Cláudia Monteiro de Aguiar

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. The European Commission shall use this data for developing appropriate strategic responsed to the challenges the industry faces, with one of the most pressing is the retention of seafarers.

_________________

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).

Or. en

Amendment 50

Jutta Paulus

Proposal for a regulation

Article 4 – paragraph 9 a (new)

Text proposed by the Commission

Amendment

9a. The Agency shall assist the Commission and Member States to achieve a common approach in the implementation and enforcement of the MLC 2006 by increasing levels of cooperation and exchange of information between EU Port State authorities. To this end, the Agency shall publish guidance and advice on the implementation and enforcement of MLC 2006 as well as reinforce its training of PSC officers, ensuring all aspects relating to MLC 2006 are covered in sufficient detail.

Or. en

Amendment 51

Jutta Paulus

Proposal for a regulation

Article 5 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Agency shall assist the Commission and Member States in drawing up a report on pollution prevention measures that could help to prevent pollution both from ships and oil and gas installations that result in massive environmental and ocean degradation. The report shall contain a cost-benefit analysis measuring up the cost of additional prevention measures against the overall economic costs for clean-ups.

Or. en

Amendment 52

Jutta Paulus

Proposal for a regulation

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Agency shall assist the Commission and the Member States with the detection of possible pollution and pursuit of ships making illegal discharges in accordance with Directive 2005/35/EC. The Agency shall in particular assist with the implementation of Articles [10, 10a, 10b, 10c and 10d] of that Directive by:

2. The Agency shall assist the Commission and the Member States with the detection of possible pollution, including excessive underwater noise and pursuit of ships making illegal discharges in accordance with Directive 2005/35/EC. The Agency shall in particular assist with the implementation of Articles [10, 10a, 10b, 10c and 10d] of that Directive by:

Or. en

Amendment 53

Sara Cerdas

Proposal for a regulation

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Agency shall assist the Commission and the Member States with the detection of possible pollution and pursuit of ships making illegal discharges in accordance with Directive 2005/35/EC and any other relevant EU legislation. The Agency shall in particular assist with the implementation of Articles [10, 10a, 10b, 10c and 10d] of that Directive by:

Or. en

Amendment 54

Jutta Paulus

Proposal for a regulation

Article 5 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Agency shall also use CleanSeaNet service and any other tools to assist the Commission and the Member States, upon their request, to monitor and locate containers lost at sea.

Or. en

Amendment 55

Cláudia Monteiro de Aguiar

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the Commission

Amendment

5. The Agency shall assist the Commission and the Member States in the context of the implementation of Directive 2008/56/EC, by contributing to the objective of achieving good environmental status of marine waters with its shipping-related elements and in exploiting the results of existing tools such as the Integrated Maritime Services. In this regard, the Agency shall conduct further research in issues related to lost containers, including plastic pellets, and underwater noise and provide recommendations to the Commission and the Member States.

On the containers lost at the Sea, EMSA should provide guiding to the industry stakeholders and to the Flag State on the requirements agreed at IMO for mandatory reporting of lost containers. It should also be examined the possibility of collective and coordinated response mechanisms at EU and international level.

Or. en

Amendment 56

Jutta Paulus

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the Commission

Amendment

5. The Agency shall assist the Commission and the Member States in the context of the implementation of Directive 2008/56/EC, by contributing to the objective of achieving good environmental status of marine waters with its shipping-related elements and in exploiting the results of existing tools such as the Integrated Maritime Services. In this regard, the Agency shall conduct further research in issues related to lost containers, including plastic pellets, and underwater noise, provide recommendations on how to tackle these problems, as well as detailed implementation plans for remedial actions to the Commission and the Member States.

Or. en

Amendment 57

Sara Cerdas, Josianne Cutajar

Proposal for a regulation

Article 5 – paragraph 8

Text proposed by the Commission

Amendment

8. The Agency shall assist the Commission and the Member States in the implementation of Regulation (EU) No 1257/2013 of the European Parliament and of the Council42 by issuing appropriate guidance and through the collection and analysis of data on compliance with the provisions of that Regulation.

8. The Agency shall assist the Commission and the Member States in the implementation of Regulation (EU) No 1257/2013 and any other relevant legislation of the European Parliament and of the Council42 by issuing appropriate guidance and through the collection and analysis of data on compliance with the provisions of that Regulation.

_________________

42 Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1).

Or. en

Amendment 58

Jutta Paulus

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 slow steaming, onshore power supply and wind, solar and kinetic wavepropulsion assistance, to reduce greenhouse gas emissions from ships.

Or. en

Amendment 59

Jutta Paulus

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Agency shall also study and assess the need to implement additional training modules for maritime professionals handling new and often complex hybrid and zero emission systems1a.

_________________

1a In the context of maritime safety, seafarers and crew face challenges with energy sources for propulsion such as high temperature, high pressure, high voltage, toxic or corrosive fuels, etc. EMSA should therefore study and assess these impacts

Or. en

Amendment 60

Caroline Nagtegaal, Jan-Christoph Oetjen

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.

Or. en

Amendment 61

Jutta Paulus

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 all types and size of ships, including slow steaming and speed optimisation, onshore power supply and wind, solar and kinetic wave propulsion assistance as well as in relation to energy efficiency measures.

Or. en

Amendment 62

Caroline Nagtegaal

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. The Agency shall assist the Commission and the Member States in the implementation of Directive 2003/87/EC, as relevant to the maritime sector. In particular, the Agency shall assist the Commission with the development of the appropriate IT implementation tools, monitoring tools, guidance and risk-based targeting tools to facilitate verification, enforcement and implementation activities related to Directive 2003/87/EC, as relevant to the maritime sector, while exploiting the results of existing relevant tools, services and databases.

5. The Agency shall assist the Commission and the Member States in the implementation of Directive 2023/959, as relevant to the maritime sector. In particular, the Agency shall assist the Commission with the development of the appropriate IT implementation tools, monitoring tools, guidance and risk-based targeting tools to facilitate verification, enforcement and implementation activities related to Directive 2023/959, as relevant to the maritime sector, while exploiting the results of existing relevant tools, services and databases. This includes the monitoring of port evasion and shifts of transhipment hubs, as required by article 3gg(3) of Directive 2023/959.

Or. en

Amendment 63

Cláudia Monteiro de Aguiar

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

Or. en

Amendment 64

Jutta Paulus

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.

Or. en

Amendment 65

Sara Cerdas, Josianne Cutajar

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall provide technical assistance to the Commission in the performance of the inspection tasks assigned to it pursuant to Article 9(4) of Regulation (EC) No 725/2004.

1. The Agency shall provide technical assistance to the Commission and the Member States in the performance of the tasks assigned to it pursuant to Article 9 of Regulation (EC) No 725/2004.

Or. en

Amendment 66

Jutta Paulus

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. In the field of traffic monitoring covered by Directive 2002/59/EC, the Agency shall in particular promote cooperation between riparian States in the shipping areas concerned, as well as, develop, maintain and operate the European Union Long-Range Identification and Tracking of Ships European Data Centre and the Union Maritime Information and Exchange System (SafeSeaNet) as referred to in Articles 6b and 22a of that Directive as well as the International Long-Range Identification and Tracking information data exchange system in accordance with the commitment made in the IMO.

The data provided by the EU database SafeSeaNet under Article 2 shall be made freely available on the website of SafeSeaNet as a general information tool.

Or. en

Amendment 67

Sara Cerdas

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. In the field of traffic monitoring covered by Directive 2002/59/EC, the Agency shall, in Member States and competent national authorities, in particular promote cooperation between riparian States in the shipping areas concerned, as well as, develop, maintain and operate the European Union Long-Range Identification and Tracking of Ships European Data Centre and the Union Maritime Information and Exchange System (SafeSeaNet) as referred to in Articles 6b and 22a of that Directive as well as the International Long-Range Identification and Tracking information data exchange system in accordance with the commitment made in the IMO.

Or. en

Amendment 68

Jutta Paulus

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 69

Sara Cerdas, Josianne Cutajar

Proposal for a regulation

Article 9 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Agency shall assist the Commission in the implementation of the Regulation (EU) 2019/1239 of the European Parliament and of the Council43 , with the following tasks:

2. The Agency shall assist the Commission in the implementation of the Regulation (EU) 2019/1239 and any other relevant legislation of the European Parliament and of the Council43 , with the following tasks:

_________________

43 Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 June 2019 establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU (OJ L 198, 25.7.2019, p. 64).

Or. en

Amendment 70

Jutta Paulus

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 data exchanged in the EMSWe using SafeSeaNet.

Or. en

Amendment 71

Caroline Nagtegaal, Jan-Christoph Oetjen

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. The Agency shall provide technical assistance to the Member States, upon their request and without prejudice to their rights and obligations as flag States, in the digitalization of their registries and their procedures facilitating the uptake of electronic certificates.

3. The Agency shall provide technical and operational assistance, as well as regular training and certification programmes to the Member States, upon their request and without prejudice to their rights and obligations as flag States, in the digitalization of their registries and their procedures facilitating the uptake of electronic certificates and in the digitalisation of any other procedures, which may have a positive effect reducing administrative buden on flag, port or coastal State Authorities.

Or. en

Amendment 72

Sara Cerdas, Josianne Cutajar

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. In order to assist the Commission in fulfilling its duties under the TFEU, and in particular the assessment of the effective implementation of relevant Union law, the Agency shall carry out visits to Member States in accordance with a methodology established by the Management Board. Such methodology shall take into account an integrated approach by each visit aiming to verify more than one piece of legislation each time pertinent to the function of flag, port or coastal State of the examined Member State during the visit.

1. In order to assist the Commission in fulfilling its duties under the TFEU and/or internacional commitments, and in particular the assessment of the effective implementation of relevant Union law, the Agency shall carry out visits to Member States in accordance with a methodology established by the Management Board. Such methodology shall take into account an integrated approach by each visit aiming to verify more than one piece of legislation each time pertinent to the function of flag, port or coastal State of the examined Member State during the visit.

Or. en

Amendment 73

Caroline Nagtegaal, Jan-Christoph Oetjen

Proposal for a regulation

Article 10 – paragraph 6

Text proposed by the Commission

Amendment

6. Where appropriate, and in any case when a cycle of visits or inspections is concluded, the Agency shall analyse reports from that cycle with a view to identifying horizontal findings and general conclusions on the effectiveness and cost-efficiency of the measures in place. The Agency shall present this analysis to the Commission for further discussion with Member States in order to draw any relevant lessons and facilitate the dissemination of good working practices.

Or. en

Amendment 74

Jutta Paulus

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 including by using digital simulation tools to study the effect of accidents;

Or. en

Amendment 75

Jutta Paulus

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 European Parliament 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.

Or. en

Amendment 76

Roman Haider

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, skills and expertise from a list of candidates proposed by the Commission following an open and transparent selection procedure which shall respect the principle of gender balance. The appointment may only be made on the basis of purely professional criteria.

Or. de

Amendment 77

Caroline Nagtegaal

Proposal for a regulation

Article 23 – paragraph 4

Text proposed by the Commission

Amendment

4. The Executive Director shall be the legal representative of the Agency.

4. The Executive Director shall be the legal representative of the Agency. Therefore, the Executive Director shall:

a) provide for technical assistance and expertise to the Commission and the Member States in the context of the IMO, the International Labour Organisation (ILO) meetings;

b) be accountable to the Management Board of the Agency, when taking politically sensitive decisions in the interest of the Union;

Or. en

Amendment 78

Jutta Paulus

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall be open to the participation of third countries, which have entered into agreements with the Union, whereby they have adopted and are applying the Union law in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships.

Or. en

Amendment 79

Roman Haider

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. de

Amendment 80

Roman Haider

Proposal for a regulation

Article 38 – paragraph 3

Text proposed by the Commission

Amendment

3. OLAF may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013.

3. OLAF may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption, abuse of functions or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013.

Or. de

Amendment 81

Roman Haider

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, efficiency and the cost-effectiveness 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.

Or. de

Amendment 82

Roman Haider

Proposal for a regulation

Article 41 – paragraph 3

Text proposed by the Commission

Amendment

3. On the occasion of every second evaluation, there shall also be an assessment of the results achieved by the Agency having regard to its objectives, mandate and tasks. If the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed.

3. On the occasion of every evaluation, there shall also be an assessment of the results achieved by the Agency having regard to its objectives, mandate and tasks. If the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed.

Or. de