# EUR-Lex - 52013PC0174 - EN

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# 52013PC0174

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and to marine pollution caused by oil and gas installations /* COM/2013/0174 final - 2013/0092 (COD) */**

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EXPLANATORY
MEMORANDUM

1.
OBJECTIVE OF THE PROPOSAL

The European Maritime Safety Agency
("the Agency" or "EMSA") established in 2002[1] was assigned tasks in the field
of marine pollution response in 2004[2].
Bearing in mind the long-term nature of the Agency’s responsibility for
pollution response, the efficient and thorough completion of the tasks involved
requires appropriate financial security on the basis of a multiannual
commitment. Therefore, in 2006 the EU legislator established multiannual
funding for the Agency's action in the field of response to pollution caused by
ships for the period from 2007 to 2013[3].
This legislative proposal seeks to renew the multiannual funding for the period
from 2014 to 2020 in the framework of the new financial perspectives[4].

2.
JUSTIFICATION FOR THE PROPOSED MEASURE

2.1. Context

The large-scale maritime accident of the
oil tanker ERIKA in December 1999 involving an extensive oil spill led to the creation
of the Agency in 2002. In the light of the oil spill caused by the accident of
the oil tanker PRESTIGE in November 2002, the Agency was entrusted with
specific tasks and obligations in the field of response to pollution caused by
ships. The Agency adopted an Action Plan in October 2004 for oil pollution
preparedness and response (hereinafter “the Oil Action Plan”). In June 2007, a
second Action Plan for Hazardous and Noxious Substances Pollution Preparedness
and Response was adopted (hereinafter "the HNS Action Plan")[5]. The EMSA Administrative Board updates
both Action Plans as part of the Agency’s annual Work Programmes.

In March 2010, the Administrative Board endorsed
a 5-year strategy[6]
which contains two themes relevant for response to pollution caused by ships.
Firstly, theme 8 develops EMSA's role with regard to illegal discharges by
ships (enforcement issues, further enhancement of CleanSeaNet by integration of
ship position information). Secondly, theme 12 deals with marine pollution
preparedness and response.

Finally, the Commission proposed a
modification to the EMSA Regulation in October 2010, which, inter alia,
foresees an explicit extension of the pollution response activities to cover
accidents by offshore oil and gas installations[7].
Furthermore, it is also suggested in this proposal to extend EMSA's assistance to
the EU neighbouring countries including the pollution response activities. The European
Parliament and the Council reached an agreement on the proposal in April 2012
and the Regulation adopted in January 2013[8]
confirms the aforementioned provisions.

2.2. Current tasks of EMSA in the
field of pollution response

In accordance with Regulation 2038/2006 and
Directive 2005/35/EC on ship source pollution[9],
the three main tasks of the Agency in the field of response to pollution caused
by ships are the following:

(a) Operational assistance to Member
States

The Agency offers a network of stand-by oil
spill response vessels to "top up" Member States’ response capacity
when affected by a spill. It also provides a satellite based oil spill
detection and monitoring service called "CleanSeaNet" and information
on chemical spills through the "MAR-ICE" network. Affected coastal
states can request the intervention of oil spill response vessels through the
Community Civil Protection Mechanism[10].
Smooth integration with Member State response mechanisms is undertaken through
regular participation in national and regional exercises.

(b) Cooperation and coordination

The Agency liaises with pollution response
experts of Member States as well as with existing Regional Agreements and the
International Maritime Organisation (IMO).

(c) Information

The Agency collects, analyses and
disseminates information on best practices, techniques and innovation in the
field of marine pollution response.

Summary of deliverables (2007 – September 2012)

Key EMSA marine pollution preparedness and response service and associated deliverables that have been made available using the existing multi-annual funding framework are shown below.

Network of Stand-by Oil Spill Response Vessels:

16 contracts are currently active providing coverage for all the regional sea basins around the European Union. 18 vessels, with an average recovered oil storage capacity of approximately 3500 m3 can be mobilised simultaneously and ready to sail within 24 hrs. || The EMSA vessels have participated in 36 international (cross border) operational exercises since 2007. Participation in exercises facilitates the integration of EMSA services with the response mechanisms of Member States.

CleanSeaNet

Over 12,000 satellite images have been delivered since the service was launched in April 2007, an average of over 2000 images per year. || Over 1,000 million km2 has been monitored. || Around 200 illegal discharges per year are confirmed by Member States following “on the spot” surveillance.

Incident Response

EMSA pollution response services have been used in a total of 25 incidents since 2007. Emergency support to affected coastal states has included: Response vessels, Satellite imagery, MAR-ICE activation, and Onsite expertise. || Emergency support includes 4 mobilisations of response vessels in Europe. || Emergency support includes 1 equipment assistance package to the USA during the Deepwater Horizon incident.

Best practice: Development and promotion

EMSA has hosted 20 expert meetings and workshops. (This is in addition to regular training with Member State duty officers regarding CleanSeaNet and/or meetings with Network vessel operators.) || Published 7 inventories on different aspects of Member States’ preparedness and response policies and capacities. || Managed the civil servant exchange programme “EMPOLLEX”, which has facilitated the exchange of 21 experts between Member States since its inception in June 2008. || Developed one decision response tool for the application of dispersants during an incident. Coordinated specific studies when needed (e.g. Study on discharge facilities, Safe Platform study: development of vessel requirements to operate in dangerous atmospheres)

2.3. Future tasks

As explained above, with the entry into
force of the amendments to the Founding Regulation in January 2013, EMSA
received the following new tasks in the area of pollution response:

a) EMSA's current response actions in case
of "pollution caused by ships" will also cover "marine pollution
caused by oil and gas installations",

b) EMSA's existing CleanSeaNet will also "monitor
the extent and environmental impact of marine oil pollution caused by oil and
gas installations",

c) The current geographical coverage (Member States and accession countries) is extended to "European Neighbourhood partner
countries and to countries taking part in the Paris Memorandum of Understanding
on Port State Control". With this, the EMSA vessels can be used throughout
the entire area of the Union's regional sea basins.

The Commission proposes that the earmarked
amount should only extend to the first two new tasks, with initial funding to start
building up the new tasks while not compromising the existing tasks. The third
new task should be financed from existing EU programmes for countries covered
by the enlargement policy and by the European Neighbourhood Policy (the
programme SAFEMED for the Mediterranean Sea and programmes under the TRACECA
initiative for the Black Sea). It is considered more appropriate from a
programme management and a budgetary perspective to finance this new task from
within the existing framework of EU support to these countries.

2.4. Evaluation of EMSA's current activities
in the field of pollution response

In accordance with Regulation 1406/2002,
the Agency has submitted reports on the financial execution of the action plans
by 31 January of each year until 2012. These reports are available on the
agency's website. As from 2013, the reporting will be integrated in the
Agency's Annual Activity Report.

Furthermore, the Commission submitted in
May 2011 a report on the implementation of Regulation 2038/2006[11]. This report is based on a
comprehensive contribution from the Agency, as endorsed by the EMSA
Administrative Board, including a stakeholder consultation and detailed
scenarios[12].
EMSA's Administrative Board - in particular through the adoption of the work
programme, the budget and the annual report - the Court of Auditors and the Budgetary
Authority through the discharge procedure are supervising and monitoring the
Agency's action.

The two main conclusions drawn from these
evaluation activities are:

(1) The budget dedicated to pollution
response is adequate and

(2) The measures financed are cost
efficient, provide added value and are appropriately managed.

2.5. Ex ante evaluation of the
proposed activities

An ex ante evaluation has been carried out
and is attached to this proposal (document SEC(2013)xxx). It confirms the
usefulness and the efficiency of the multiannual financial framework and
determines the amount to be earmarked.

3.           Legal Elements of the proposal

3.1.        Legal basis

The legal basis for the proposal is Article
100 (2) TFEU, which has served as legal basis for Regulation 2038/2006 under the
previous version of the Treaty.

3.2.        Subsidiarity and proportionality
principles

The principles of subsidiarity and
proportionality are fully respected, as the Agency's action presents the
European tier of a differentiated system of response to pollution caused by
ships and offshore installations. Most activities are triggered by requests from
the affected coastal States. The fact that the EU is contracting party to the
following regional organisations might illustrate the close coordination at
regional level:

·
the Convention on the Protection of the Marine
Environment of the Baltic Sea Area (Helsinki Convention as revised in 1992);

·
the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention) and to a number of protocols
thereof;

·
the Agreement for cooperation in dealing with pollution
of the North Sea by oil and other harmful substances (Bonn Agreement);

·
the Convention for the protection of the marine
environment of the North-East Atlantic (OSPAR Convention);

·
the Cooperation Agreement for the protection of
the coasts and waters of the north-east Atlantic against pollution, (Lisbon
Agreement), with its Additional Protocol, which have not yet entered into
force.

The Union is also negotiating accession to
the Convention on the Protection of the Black Sea against Pollution (Bucharest
Convention).

3.3.        Choice of instrument

A Regulation is the most appropriate legal instrument
to establish a multiannual financial framework. This instrument was already chosen
in 2006.

4.           Budgetary
Implication

In the light of the above the Commission proposes
to provide again for a multiannual financial envelope to be imputed into the Union
budget for the period from 1 January 2014 to 31 December 2020
coinciding with the new multiannual financial framework. In accordance with the
Commission package of June 2011 "A Budget for Europe 2020" and the
current practice the amount should be taken from Heading 1 "Smart and
Inclusive Growth". The Commission thus proposes earmarking an amount of
Є 160.5 million for the reference period. Further details are provided in
the attached legislative financial statement and the ex ante evaluation. The
annual amounts should be authorised by the Budgetary Authority in accordance
with the budgetary procedure.

5.           Content
of the proposal

The proposal follows closely the structure
of Regulation 2038/2006 with the necessary adaptations. It consists of the
following 8 articles:

·
Article 1: Objective

·
Article 2: Definitions

·
Article 3: Scope

·
Article 4: Union funding

·
Article 5: Monitoring existing capabilities

·
Article 6: Protection of Union financial
interests

·
Article 7: Mid-term evaluation

·
Article 8: Entry into force

2013/0092 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on multiannual funding for the action of
the European Maritime Safety Agency in the field of response to pollution
caused by ships and to marine pollution caused by oil and gas installations

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the proposal to the
national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[13],

Having regard to the opinion of the
Committee of the Regions[14],

Acting in accordance with the ordinary
legislative procedure[15],

Whereas:

(1)       Regulation (EC) No
1406/2002 of the European Parliament and of the Council of 27 June 2002[16] established a European
Maritime Safety Agency (hereinafter 'the Agency') for the purpose of ensuring a
high, uniform and effective level of maritime safety and prevention of pollution
by ships.

(2)       Regulation (EC) No
724/2004 of the European Parliament and of the Council of 31 March 2004[17], which amended Regulation (EC)
No 1406/2002, assigned to the Agency tasks in the fields of prevention and
response to pollution caused by ships, following accidents in European waters,
particularly those of the oil tankers "Erika" and
"Prestige".

(3)       Regulation (EU) No 100/2013
of the European Parliament and of the Council of 15 January 2013[18], amending Regulation (EC) No
1406/2002, assigned to the Agency tasks with regard to response to marine
pollution caused by oil and gas installations and extended the Agency's
services to the countries covered by the enlargement policy and by the European
Neighbourhood Policy.

(4)       Regulation (EC) No
2038/2006 of the European Parliament and of the Council of 18 December 2006[19] established a multiannual
funding for the action of the European Maritime Safety Agency in the field of
response to pollution caused by ships which expires on 31 December 2013.

(5)       For the purposes of
implementing the tasks of preventing and responding to pollution by ships, the
Administrative Board of the Agency adopted on 22 October 2004 an Action Plan
for Oil Pollution Preparedness and Response, which determines the Agency's oil
pollution response activities and is aimed at optimum use of the financial
resources available to the Agency. On 12 June 2007, the Administrative Board
adopted an Action Plan for Hazardous and Noxious Substances Pollution
Preparedness and Response. In accordance with Article 15 of Regulation
1406/2002, both action plans are updated yearly through the Agency's annual
work programme.

(6)       The pollution response
action of the Agency, as specified in the Action Plans, relates to activities
in the fields of information, cooperation and coordination and above all the
provision of operational assistance to the affected States by supplying, on
request, additional anti-pollution vessels to combat oil pollution and other
types of pollution such as that caused by hazardous and noxious substances. The
Agency should pay particular attention to those areas identified as most
vulnerable without prejudice to any other area in need.

(7)       The activities of the
Agency in this field should not relieve coastal states of their responsibility
to have appropriate pollution response mechanisms in place and should comply
with existing cooperation arrangements providing for mutual assistance in the
event of a maritime pollution incident. The Union has acceded to various
regional organisations and is preparing accession to other regional
organisations.

(8)       The Agency's action should
be coordinated with the activities of the bilateral and regional agreements
that the Union has acceded to. In the event of a maritime pollution incident,
the Agency should assist the affected State(s), under whose authority clean-up
operations are conducted.

(9)       The Agency should play an
active role in maintaining and developing further the satellite imagery service
for surveillance, the early detection of pollution and identification of the responsible
ships or oil and gas installations. This system should improve the availability
of data and the effectiveness of the response to pollution.

(10)     The additional means to be
provided by the Agency to the affected States should be made available through
the Community Civil Protection Mechanism established by Council Decision 2007/779/EC,
Euratom of 8 November 2007[20].

(11)     In order to ensure thorough
implementation, the Agency should be provided with a viable and cost-effective system
for financing, in particular, its operational assistance to the affected
States.

(12)     Financial security should therefore
be provided for the funding of the tasks entrusted to the Agency in the field
of pollution response and associated actions on the basis of a multiannual
commitment. The annual amounts of the Union contribution should be determined by
the Budgetary Authority in accordance with the annual budgetary procedure.

(13)     The amounts to be committed
for the funding of pollution response should cover the period from 1 January
2014 to 31 December 2020, in line with the new multiannual financial framework.
A financial envelope covering the same period should therefore be provided.

(14)     The Agency's support to countries
covered by the enlargement policy and by the European Neighbourhood Policy
should be financed through existing Union programmes for these countries and
should therefore not be part of this multiannual financial framework.

(15)     In order to optimise the
allocation of commitments and take into account any changes with regard to
activities in response to pollution caused by ships, it is necessary to ensure
continuous monitoring of the particular needs for action so as to allow for
adaptation of the annual financial commitments.

(16)     In accordance with
Regulation (EU) No 100/2013 amending Regulation 1406/2002, the Agency should
report on the financial execution of the multiannual framework in its annual
report.

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down the detailed
arrangements for the financial contribution of the Union to the budget of the
European Maritime Safety Agency for the implementation of the tasks assigned to
it in the field of responding to pollution caused by ships and offshore oil and
gas installations, pursuant to Articles 1 and 2 of Regulation (EC) No
1406/2002.

Article 2

Definitions

For the purposes of this Regulation the
following definitions shall apply:

(a) "oil" means petroleum in any
form including crude oil, fuel oil, sludge, oil refuse and refined products as
established by the International Convention on Oil Pollution Preparedness,
Response and Cooperation, 1990;

(b) "hazardous and noxious
substances" means any substance other than oil which, if introduced into
the marine environment, is likely to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere with
other legitimate uses of the sea, as established by the Protocol on
Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and
Noxious Substances, 2000.

Article 3

Scope

The financial contribution of the Union
referred to in Article 1 shall be allocated to the Agency with the aim of
financing actions in the field of response to pollution caused by ships and to marine
pollution caused by offshore oil and gas installations such as the ones
mentioned in the Agency's Action Plans for Oil Pollution Preparedness and
Response and for Hazardous and Noxious Substances Pollution Preparedness and
Response, in particular those relating to:

(a) information, in particular the assemble,
analysis and dissemination of best practices, techniques and innovations, such
as instruments for monitoring ships' tank-emptying and for monitoring of
offshore platforms for operational releases and accidental spills;

(b) cooperation and coordination and the
provision to the Member States and the Commission of technical and scientific
assistance in the framework of the relevant activities of the EU Civil
Protection Mechanism, the International Maritime Organization and the relevant
regional agreements;

(c) operational assistance and supporting,
on request, with additional means, such as stand-by anti-pollution ships,
satellite images and equipment, pollution response actions by the affected
States in the event of accidental or deliberate pollution caused by ships or
marine pollution caused by offshore oil and gas installations.

Article 4

Union funding

The financial envelope for the
implementation of the tasks referred to in Article 3 for the period from 1
January 2014 to 31 December 2020 shall be EUR 160.500.000 expressed in current
prices.

Annual appropriations shall be determined
by the budgetary authority within the limits of the financial framework. In
this connection the necessary funding of operational assistance to the Member
States pursuant to Article 3(c) shall be guaranteed.

Article 5

Monitoring existing capabilities

In order to define the requirements for the
provision of operational assistance by the Agency, such as additional anti-pollution
vessels, the Agency shall set up on a regular basis a list of the public and,
where available, private pollution response mechanisms and associated response
capabilities in the various regions of the Union.

The Member States shall provide the Agency
with the necessary information to set up this list.

The Agency's Administrative Board shall take
this list into account before deciding on the Agency's pollution response
activities in the framework of the annual work programmes.

Article 6

Protection of Union financial interests

1. The Commission and the Agency shall
ensure that, when actions funded under this Regulation are implemented, the
financial interests of the Union are protected by the application of preventive
measures against fraud, corruption and any other illegal activities, by means
of effective checks and the recovery of any amounts unduly paid and, where
irregularities are detected, by effective, proportional and dissuasive
penalties, in accordance with Council Regulations (EC, Euratom) No 2988/95[21] and (Euratom, EC) No 2185/96[22] and Regulation (EC) No
1073/1999[23]
of the European Parliament and of the Council.

2. For the Union actions funded under this
Regulation, the notion of irregularity referred to in Article 1(2) of
Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision
of Union law or any breach of a contractual obligation resulting from an act or
omission by an economic operator, which has, or would have, the effect of
prejudicing the general budget of the European Union or budgets managed by it,
by an unjustified item of expenditure.

3. The Commission and the Agency shall,
each within its respective sphere of competence, ensure that best value for
money is achieved in the funding of Union actions under this Regulation.

Article 7

Mid-term evaluation

The Commission shall submit to the European
Parliament and the Council, on the basis of information provided by the Agency,
a report on the implementation of this Regulation no later than 31 December
2017. The report, which shall be established without prejudice to the role of
the Administrative Board of the Agency, shall set out the results of the
utilisation of the Union contribution referred to in Article 4 as regards
commitments and expenditure covering the period between 1 January 2014 and 31
December 2016.

On the basis of this report, the Commission
may, if appropriate, propose amendments to this Regulation in particular in
order to take account of scientific progress in the field of combating
pollution caused by ships and marine pollution caused by oil and gas
installations, especially pollution caused by oil or hazardous and noxious
substances.

Article 8

Entry into force

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This
Regulation shall be binding in its entirety and directly applicable in all
Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President
[...]                                                                [...]

LEGISLATIVE FINANCIAL STATEMENT
FOR PROPOSALS

1.           FRAMEWORK
OF THE PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Proposal for a Regulation (EU) of the European Parliament and of the
Council on multiannual funding for the action of the European Maritime Safety
Agency in the field of response to pollution caused by ships and to marine
pollution caused by oil and gas installations

1.2.        Policy area(s) concerned
in the ABM/ABB structure[24]

06: Energy and Transport

0602: Inland, air and maritime transport policy

060203: European Maritime Safety Agency

06020302: European Maritime Safety Agency, Anti-pollution measures

Implementation of provisions related to pollution response caused by
ships and to marine pollution caused by oil and gas installations

1.3.        Nature of the
proposal/initiative

x The
proposal/initiative relates to a new action

 ̈ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[25]

 ̈ The proposal/initiative relates to the extension of an existing
action

 ̈ The proposal/initiative
relates to an action redirected towards a new action

1.4.        Objectives

1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative

Objectives/EU added value in line with Europe 2020:

The Agency contributes to safe, secure and sustainable maritime
transport for the EU economy and for the EU citizens. This is fully in line
with the three priorities of Europe 2020:

– Smart growth: developing an economy based on knowledge and
innovation. The Agency contributes to the development of the highest possible
technical standards for vessels, thus promoting knowledge and innovation.

– Sustainable growth: promoting a more resource efficient, greener
and more competitive economy. The Agency contributes to the prevention of
pollution by vessels and the response to marine pollution in different areas.
Shipping will contribute to the flagship initiative "Resource efficient Europe". The Agency will play its role in the sector implementation.

– Inclusive growth: fostering a high-employment economy delivering
social and territorial cohesion. With regard to islands and ultra-peripheral
regions, maritime transport is an essential element for ensuring territorial
cohesion and integration into the EU. The Agency contributes to make maritime
transport safe, secure and sustainable for the EU.

1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned

Budget area 06 02 Specific objective No.
3    Improve transport safety

ABM/ABB activity(ies) concerned 06020302
European Maritime Safety Agency

1.4.3.     Expected result(s) and
impact

Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.

Provide financial security in a multiannual perspective to the
Agency's action in the field of response to pollution

1.4.4.     Indicators of results and
impact

Specify the
indicators for monitoring implementation of the proposal/initiative.

EMSA has developed performance indicators, which are published in
its annual work programmes. These are monitored constantly by the
Administrative Board. The Agency's annual reports are the main monitoring tool.

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

Allow EMSA to conclude multiannual contracts and make the necessary
budgetary planning.

1.5.2.     Added value of EU
involvement

EU involvement is laid down in EMSA's Founding Regulation 1406/2002
as amended; this proposal will provide added value by allowing better planning
and spending of EU money.

1.5.3.     Lessons learned from
similar experiences in the past

EMSA's specific evaluation in 2008 as well as the general evaluation
of the EU Agencies in 2009 both showed the added value provided by the Agency.

The Commission submitted in May 2011 its mid-term report under
reference COM(2011)286 as foreseen by Article 8 of Regulation 2038/2006.

The Internal Audit Service (IAS) of the Commission carried out a dedicated
audit in 2009 regarding the network of stand-by oil spill response vessels.

1.5.4.     Coherence and possible
synergy with other relevant instruments

The proposal is coherent with the EU maritime safety policy and
legislation, in particular with the EMSA Founding Regulation 100/2013 reviewing
the Agency's mandate. The proposal is a follow up to Regulation 2038/2006 which
will expire at the end of 2013.

1.6.        Duration and financial
impact

x Proposal/initiative of limited
duration

–
x Proposal/initiative in effect from 01/01/2014 to 31/12/2020

–
x Financial impact from 2014 to 2020 (plus outstanding payments)

o Proposal/initiative of unlimited
duration

1.7.        Management mode(s)
envisaged[26]

 ̈ Centralised direct management by the Commission

x Centralised indirect management with the delegation of implementation tasks to:

–
 ̈  executive agencies

–
x bodies set up by the Communities[27]

–
 ̈  national public-sector bodies/bodies with public-service mission

–
 ̈  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

 ̈ Shared management with the Member States

 ̈ Decentralised management with third countries

 ̈ Joint management with international organisations (to be specified)

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency
and conditions.

All EU agencies work under a strict monitoring system involving
internal audit capability, the Internal Audit Service of the Commission, the
Administrative Board, the Commission, the Court of Auditors and the Budgetary
Authority. This system as laid down in EMSA's Founding Regulation will continue
to apply.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

None

2.2.2.     Control method(s) envisaged

Not applicable

2.3.        Measures to prevent fraud
and irregularities

Specify existing or
envisaged prevention and protection measures.

The anti-fraud measures under Article 20 of EMSA's Founding Regulation
continue to apply. In addition, the proposal has a specific Article on
protection of the Union's financial interests.

3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

· Existing expenditure budget lines

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description........................................] || DA/NDA ([28]) || from EFTA[29] countries || from candidate countries[30] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

1a || 06.02.03.02 [Contribution to EMSA Title III Anti-Pollution Measures] || DA || YES || NO || NO || NO

3.2.        Estimated impact on
expenditure

3.2.1.     Summary of estimated impact
on expenditure

EUR million (to 3 decimal places) expressed in current
prices

Heading of next multiannual financial framework: || 1 || Smart and Inclusive Growth ||

|| DG: MOVE || || || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL

|| Ÿ Operational appropriations || || || || || || || ||

|| Number of budget line 06.02.03.02 || Commitments || (1) || 19,675 || 20,600 || 21,600 || 22,800 || 24,675 || 25,050 || 26,100 || 160,500

|| Payments || (2) || 19,926 || 22,239 || 23,318 || 20,245 || 23,268 || 23,833 || 25,175 || 158,004

|| Appropriations of an administrative nature financed from the envelop of specific programs[31] || || || || || || || ||

|| Number of budget line: n/a || || (3) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

|| TOTAL appropriations for DG MOVE || Commitments || = 1 + 3 || 19,675 || 20,600 || 21,600 || 22,800 || 24,675 || 25,050 || 26,100 || 160,500

|| Payments || = 2 + 3 || 19,926 || 22,239 || 23,318 || 20,245 || 23,268 || 23,833 || 25,175 || 158,004

|| Ÿ TOTAL operational appropriations || Commitments || (4) || 19,675 || 20,600 || 21,600 || 22,800 || 24,675 || 25,050 || 26,100 || 160,500

|| Payments || (5) || 19,926 || 22,239 || 23,318 || 20,245 || 23,268 || 23,833 || 25,175 || 158,004

|| Ÿ TOTAL appropriations of an administrative nature financed from the envelop of specific programs || (6) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

|| TOTAL appropriations under HEADING 1 of the multiannual financial framework || Commitments || = 4 + 6 || 19,675 || 20,600 || 21,600 || 22,800 || 24,675 || 25,050 || 26,100 || 160,500

|| Payments || = 5 + 6 || 19,926 || 22,239 || 23,318 || 20,245 || 23,268 || 23,833 || 25,175 || 158,004

Heading of multiannual financial framework: || 5 || " Administrative expenditure "

EUR million (to 3 decimal places)

|| || || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL

DG: MOVE ||

Ÿ Human resources || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Ÿ Other administrative expenditure || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

TOTAL DG MOVE || Appropriations || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

EUR million (to 3 decimal places)

|| || || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 19,675 || 20,600 || 21,600 || 22,800 || 24,675 || 25,050 || 26,100 || 160,500

Payments || 19,926 || 22,239 || 23,318 || 20,245 || 23,268 || 23,833 || 25,175 || 158,004

3.2.2.     Estimated impact on
operational appropriations

–
 ̈  The proposal/initiative does not require the use of operational
appropriations

–
x The proposal/initiative requires the use of operational
appropriations, as explained below:

Commitment appropriations in EUR million (to 3 decimal
places)

Indicate objectives and outputs ò || || || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL

OUTPUTS

Type of output || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost

Improve Transport Safety || || || || || || || || || || || || || || || ||

Network of Response Vessels[32] || Number of vessels available for simultaneous mobilisation || Approx. EURO 0.95 M / vessel/year || 19 || 15,620 || 19 || 16,150 || 19 || 17,100 || 19 || 17,600 || 19 || 19,975 || 19 || 20,000 || 19 || 21,000 || 19 || 127,445

CleanSeaNet || Number of satellite images processed per year || Approx. EURO 2,05 / satellite image || 2000 || 3,605 || 2000 || 3,850 || 2000 || 3,900 || 2000 || 4,550 || 2000 || 4,050 || 2000 || 4,350 || 2000 || 4,400 || 14,000 || 28,705

Cooperation and coordination / Information || Activities with Member States including training and studies || Not quantifiable || N/A || 0,450 || N/A || 0,600 || N/A || 0,600 || N/A || 0,650 || N/A || 0,650 || N/A || 0,700 || N/A || 0,700 || N/A || 4,350

TOTAL COST || || 19,675 || || 20,600 || || 21,600 || || 22,800 || || 24,675 || || 25,050 || || 26,100 || || 160,500

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.3.1.  Summary

–
x The proposal/initiative does not require the use of administrative
appropriations

–
o  The proposal/initiative requires the use of administrative
appropriations, as explained below:

EUR million (to 3
decimal places)

|| 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL

HEADING 5 of the multiannual financial framework || || || || || || || ||

Human resources || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Other administrative expenditure || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Subtotal HEADING 5 of the multiannual financial framework || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

TOTAL || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

3.2.3.2.  Estimated requirements of
human resources

–
x The proposal/initiative does not require the use of human resources

–
o  The proposal/initiative requires the use of human resources, as
explained below:

3.2.4.     Compatibility with the
current multiannual financial framework

–
o  Proposal/initiative is compatible with the current multiannual
financial framework.

–
 ̈  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.

The proposal concerns the multiannual
financial framework for the period 2014-2020.

–
 ̈  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[33].

Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

3.2.5.     Third-party contributions

–
The proposal/initiative provides for the
co-financing estimated below:

Appropriations in EUR million (to 3 decimal places)

|| 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || Total

EFTA Contribution from Norway and Iceland calculated at 2% of the budget || 0,472 || 0,407 || 0,466 || 0,407 || 0,481 || 0,481 || 0,496 || 3,210

TOTAL appropriations cofinanced || 20,147 || 21,007 || 22,066 || 23,207 || 25,156 || 25,531 || 26,596 || 163,710

3.3.        Estimated impact on
revenue

–
Proposal/initiative has no financial impact on
revenue.

[1]               Regulation (EC) No 1406/2002 of the European
Parliament and of the Council of 27 June 2002 establishing a European Maritime
Safety Agency (OJ L 208 of 5.8.2002, p. 1).

[2]               Regulation (EC) No 724/2004 of the European
Parliament and of the Council of 31 March 2004 (OJ L 129 of 31.4.2004, p. 1).

[3]               Regulation (EC) No 2038/2006 of the European
Parliament and of the Council of 18 December 2006 on multiannual funding for
the action of the European Maritime Safety Agency in the field of response to
pollution caused by ships and amending Regulation (EC) n° 1406/2002 (OJ L 394
of 30.12.2006, p. 1. See also corrigendum in OJ L 30 of 3.2.2007 p. 12).

[4]               "A Budget for Europe 2020" COM(2011)500 and
COM(2011)398, both dated 29.6.2011.

[5]               Both action plans are available at the EMSA website
under:      
http://www.emsa.europa.eu/opr-documents/action-plans.html

[6]               The document is available at the EMSA website under:              
http://www.emsa.europa.eu/documents/item/145-emsa-5-year-strategy.html

[7]               COM(2010)611 of 28.10.2010.

[8]               Regulation (EU) No 100/2013 of the European
Parliament and of the Council of 15 January 2013 amending Regulation (EC) No
1406/2002 establishing a European Maritime Safety Agency (OJ L 39, 9.2.2013, p.
30).

[9]               Directive 2005/35/EC of the European Parliament and
of the Council of 7 September 2005 on ship-source pollution and on the
introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11).

[10]             Council Decision 2007/779/EC of 8 November 2007
establishing a Community Civil Protection Mechanism (OJ L 314, 1.12.2007, p.
9).

[11]             COM(2011)286 of 23.5.2011.

[12]             EMSA's contribution is available at http://www.emsa.europa.eu/opr-documents/item/617-multi-annual-funding-mid-term-report-emsas-contribution.html

[13]             OJ C , , p. .

[14]             OJ C , , p. .

[15]             OJ C , , p. .

[16]             OJ L 208 of 5.8.2002, p.1.

[17]             OJ L 129 of 31.4.2004, p. 1.

[18]             OJ L 39 of 9.2.2013, p.30.
.

[19]             OJ L 394 of 30.12.2006, p.1.

[20]             OJ L 314, 1.12.2007, p. 9.

[21]             OJ L 312, 23.12.1995, p. 1.

[22]             OJ L 292, 15.11.1996, p. 2.

[23]             OJ L 136, 31.5.1999, p. 1.

[24]             ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.

[25]             As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.

[26]             Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[27]             As referred to in Article 185 of the Financial
Regulation.

[28]             DA= Differentiated appropriations / DNA=
Non-Differentiated Appropriations

[29]             EFTA: European Free Trade Association.

[30]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.

[31]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.

[32]             This includes amounts for at-sea exercises as well as EUR
6.02 M to combat marine pollution caused by oil and gas installations.

[33]             See points 19 and 24 of the Interinstitutional
Agreement.