Proposal for a Regulation of the European Parliament and of the Council establishing a European Maritime Safety Agency
Date: 2000-12-07
Institutions: European Commission
Subjects: data collection, indemnification, maritime safety, maritime transport, oil pollution

24.4.2001

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Official Journal of the European Communities

C 120 E/83

Proposal for a Regulation of the European Parliament and of the Council establishing a European
Maritime Safety Agency

(2001/C 120 E/06)

(Text with EEA relevance)

COM(2000) 802 final (cid:151) 2000/0327(COD)

(Submitted by the Commission on 8 December 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure referred to in Article
251 of the Treaty,

Whereas:

(1) A large number of legislative measures have been adopted
in the Community in order to enhance safety and prevent
pollution in maritime transport. In order to be effective,
such legislation must be applied in a proper and uniform
manner throughout the Community. This will ensure a
level playing field, reduce the distortion of competition
resulting from the economic advantages enjoyed by
non-complying
serious
and will
maritime players.

reward the

ships

there is a need for

(2) Certain tasks currently done at Community or national
level could be executed by a specialised expert body.
Indeed,
technical and scientific
support and a high level of stable expertise to properly
apply the Community legislation in the fields of maritime
safety and pollution prevention, to monitor its implemen-
tation and to evaluate the effectiveness of the measures in
place; there is a need therefore, within the Community’s
existing institutional structure and balance of powers, to
establish a European Maritime Safety Agency.

(3) In general terms, the Agency shall represent the technical
body providing the Community with the necessary means
to act effectively to enhance overall maritime safety and
pollution prevention rules. The Agency shall assist the
Commission in the continuous process of updating
Community legislation in the field of maritime safety
and shall provide the necessary support to ensure the
convergent and effective implementation of such legis-

lation throughout
the
the Community.
Agency shall be active in helping to strengthen the
overall Community Port State Control regime and in
societies
those
to monitor
helping
recognised at Community level.

In particular,

classification

(4) For the proper achievement of the purposes for which the
Agency is established, it is appropriate that the Agency
carries out a number of other important tasks aimed at
enhancing maritime safety and pollution prevention in the
Community waters. The Agency shall organise appro-
priate training activities on Port State Control and Flag
State related issues. It shall provide the Commission and
the Member States with objective, reliable and comparable
information and data on maritime safety and on pollution
prevention to enable
any necessary
initiatives to enhance the measures in place and to
evaluate their effectiveness. It shall facilitate co-operation
between the Member States and the Commission as
in the Community legislation on the
provided for
European maritime traffic reporting system.
shall
co-operate with the Commission and the Member States
in the activities concerning the investigations related to
serious maritime accidents in EU waters. It shall put the
Community maritime safety know-how at the disposal of
the States applying for accession and will be open to their
participation.

them to take

It

(5) The Agency will

the establishment of better
favour
and will
co-operation between the Member States
develop and disseminate best practices in the Community.
This in turn will contribute to enhancing the overall
maritime safety system in the Community as well as
reducing
accidents, marine
of maritime
pollution and the loss of human lives at sea.

risk

the

(6) In order to properly carry out the tasks entrusted to the
Agency, it is appropriate that its officials carry out visits
to the Member States in order to monitor the overall
functioning of
the Community maritime safety and
pollution prevention system.

to the

(7) For the contractual
the

liability of
law applicable

the Agency, which is
contract
governed by
concluded by the Agency, the Court of
the
European Communities shall have jurisdiction to give
judgment pursuant
to any arbitration clause contained
in the contract. The Court of Justice shall also have juris-
diction in disputes relating to compensation for any
damage arising from the non-contractual liability of the
Agency.

Justice of

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(8) In order to effectively control the functions of the Agency,
the Member States, the Commission and the European
Parliament shall be represented on an Administrative
Board entrusted with the necessary powers to establish
the budget, verify its execution, adopt the appropriate
financial rules, establish transparent working procedures
for decision making by the Agency, approve its work
programme and to appoint the Executive Director.

(9) The good functioning of

functioning of

the Agency requires that

its
Executive Director be left with a high degree of inde-
the
pendence and flexibility as to the organisation of
the
internal
to this end,
to
take all necessary steps
Executive Director
ensure
the working
programme of
the Agency, shall prepare each year a
draft general report to be submitted to the Administrative
Board, shall draw up estimates of the revenues and expen-
diture of the Agency and shall implement the budget.

the proper accomplishment of

the Agency;

shall

(10)

to guarantee the full autonomy and inde-
In order
pendence of the Agency,
it is considered necessary to
grant it an autonomous budget whose revenue comes
essentially from a contribution from the Community,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

OBJECTIVES AND TASKS

Article 1

Aims

This Regulation establishes a European Maritime Safety
1.
Agency (the (cid:145)Agency(cid:146))
for the purpose of ensuring a high,
uniform and effective level of maritime safety and pollution
prevention within the Community.

The Agency shall provide the Member States and the
2.
Commission with the
assistance
technical
needed and with a high level of expertise in order to help
them to apply Community legislation in the field of maritime
safety properly, to monitor its implementation and to evaluate
the effectiveness of the measures in place.

and scientific

Article 2

Tasks

1.
In order to ensure that the objectives set out in Article 1
are met in the appropriate manner, the Agency shall perform
the following tasks:

(a) It shall assist the Commission in the process of updating
Community legislation in the field of maritime safety, in
international
particular in line with the development of
legislation in that
include the
task shall
analysis of research projects carried out in the field of
maritime
the marine
environment.

and the protection of

field. That

safety

(b) It shall assist the Commission in the effective implemen-
tation of Community legislation on maritime
safety
throughout the Community. In particular, the Agency shall:

1. monitor the overall functioning of the Community port
including visits to the Member
to the Commission any possible

State control regime,
States, and suggest
improvements in that field;

2. provide the Commission with the technical assistance
necessary to take part
the technical
bodies of the Paris Memorandum of Understanding on
Port State Control;

in the work of

3. assist the Commission in the following areas:

(cid:151) the performance of inspections of the classification
societies which are recognised, or are due to be
recognised, at Community level on the basis of
Council Directive 94/57/EC;

(cid:151) without prejudice

to Directive 94/57/EC,

the
safety and pollution
continuous monitoring of
prevention
classification
societies which are recognised, or are due to be
recognised, on the basis of Council Directive
94/57/EC;

performance

the

by

(cid:151) the continuous monitoring of the proper implemen-
tation of Community legislation on the safety of
passenger
in particular Council Directives
98/18/EC and 99/35/EC;

ships,

(cid:151) the continuous monitoring of the proper implemen-
tation of Council Directive 96/98/EC on marine
equipment;

(cid:151) the performance of any other task assigned to the
Commission by Community legislation on maritime
safety, including Community legislation applicable to
ships’ crews.

fields of maritime

(c) It shall provide the Commission and the Member States
with objective, reliable and comparable information and
data on maritime safety to enable them to take the
necessary steps
safety and to
to improve maritime
evaluate the effectiveness of existing measures. Such tasks
include the collection, recording and evaluation of
shall
technical data in the
safety and
maritime traffic, as well as in the field of marine pollution,
both accidental and deliberate, the systematic exploitation
of existing databases, including their cross-fertilisation, and,
where
additional
databases. On the basis of the data collected, the Agency
shall assist the Commission in the publication, every six
months, of information relating to ships that have been
refused access
to the
Directive on port State control. On that basis, the Agency
will also assist the Commission and the Member States in
their activities to improve the identification and pursuit of
ships making unlawful discharges.

to Community ports pursuant

development

appropriate,

the

of

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(d) It shall carry out tasks relating to the surveillance of navi-
gation and maritime traffic, as laid down in Directive
2001/. . ./EC on the introduction of a Community moni-
toring and information system for maritime traffic,
in
order to facilitate cooperation between the Member States
and the Commission in this field.

(e) It shall develop, in cooperation with the Commission and
the Member States, a common methodology for investi-
gating maritime accidents within the Community, support
the Member States in activities concerning investigations
related to serious maritime accidents in waters under the
sovereignty of the Member States, and carry out an analysis
of existing accident investigation reports.

(f)

It shall organise appropriate training activities in fields
which are the responsibility of the port State and flag State.

(g) It shall provide technical assistance to States applying for
accession as regards the implementation of Community
legislation in the field of maritime safety. That task shall
include the organisation of appropriate training activities.

2. With regard to performance of the tasks referred to in
paragraphs (a), (b), (d) and (g), the Agency shall only act at the
request of the Commission. The Agency may perform other
specific tasks if circumstances so demand, but exclusively at the
request of the Commission.

Article 3

Visits to the Member States

1.
In order to perform the tasks entrusted to it, the Agency
shall carry out visits to the Member States. The national auth-
orities of the Member States shall facilitate the work of the
Agency’s staff
in order to ensure that such visits proceed
smoothly. The Agency’s officials are entitled:

(a) to examine files, data, reports and any other

relevant
documents concerning the implementation of safety at
sea and the prevention of pollution at sea;

(b) to make copies of all or part of such files, data, reports and

other documents;

(c) to ask for oral explanations on the spot;

(d) to have access to any premises, land or means of transport.

2.
The Agency shall inform the Member State concerned of
the planned visit, the names of the delegated officials, and the
date on which the visit starts. The Agency officials delegated to
carry out such visits shall exercise their powers on presentation
of a decision from the Executive Director of the Agency spec-
ifying the purpose and the aims of their mission.

Article 4

Dissemination and protection of information

The information collected in the framework of

the
1.
this Regulation by the Commission and the
application of
Agency shall be
the
Parliament and of the Council on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data (1).

to Directive 95/46/EC of

subject

2.
The officials and other servants of the Agency shall be
required, even after their duties have ceased, not to disclose any
the kind covered by the obligation of
information of
professional secrecy,
in particular information about under-
takings, their business relations or their cost components.

CHAPTER II

INTERNAL STRUCTURE AND FUNCTIONING

Article 5

Legal status, location, regional centres

The Agency shall be a body of the Community. It shall

1.
have legal personality.

2.
The location of
competent authorities, at
adoption of
Commission.

the latest
this Regulation, on a proposal

the Agency shall be decided by the
the
from the

six months after

3.
In each of the Member States, the Agency shall enjoy the
most extensive legal capacity accorded to legal persons under
their laws. At the request of the Commission, the Agency may
decide, with the agreement of the Member States concerned, to
establish the regional centres necessary in order to carry out
tasks related to the monitoring of navigation and maritime
traffic, as provided for in Directive 2001/. . ./EC on the intro-
duction of a Community monitoring and information system
for maritime traffic.

4.

The Agency shall be represented by its Executive Director.

Article 6

Staff

The Agency’s staff shall be subject to the rules and regu-
1.
the
lations applicable to officials and other
European Communities.
in
agreement with the Commission, shall adopt the necessary
detailed rules of application.

servants of
Board,

The Administrative

2. Without prejudice to Article 16, the powers conferred on
the appointing authority by the Staff Regulations and the
Conditions of Employment of Other Servants
shall be
exercised by the Agency in respect of its own staff.

At the end of each visit, the Agency shall draw up a

3.
report and send it to the Commission.

(1) OJ L 281, 23.11.1995, p. 31.

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The Agency’s staff shall consist of Community officials
3.
seconded by the institutions and assigned to the Agency as
temporary staff and other servants recruited by the Agency.

the coming year and forward it to the Commission, the
Council and the European Parliament;

Article 7

Privileges and immunities

The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Agency and to its staff.

Article 8

Liability

The contractual liability of the Agency shall be governed

1.
by the law applicable to the contract in question.

The Court of Justice of the European Communities shall
2.
have jurisdiction to give judgment pursuant to any arbitration
clause contained in a contract concluded by the Agency.

In the case of non-contractual liability, the Agency shall,
3.
in accordance with the general principles common to the laws
of the Member States, make good any damage caused by its
departments or by its servants in the performance of their
duties.

4.
The Court of Justice shall have jurisdiction in disputes
relating to the compensation for damage referred to in
paragraph 3.

5.
The personal liability of its servants towards the Agency
shall be governed by the provisions laid down in the Staff
Regulations or Conditions of Employment applicable to them.

Article 9

Languages

The Agency’s language regime shall be agreed by the

1.
Administrative Board.

2.
The translation services required for the functioning of
the Agency shall be provided by the Translation Centre of the
Bodies of the Union.

Article 10

the

(d) adopt the final budget of the Agency before the beginning
adjusting it, where necessary,
of
according to the Community contribution and any other
revenue of the Agency;

financial year,

(e) establish procedures for decision-making by the Executive

Director;

(f) perform its duties in relation to the Agency’s budget

pursuant to Articles 19, 20 and 22;

(g) exercise disciplinary authority over the Executive Director

and the Heads of Unit referred to in Article 15(3).

Article 11

Composition of the Administrative Board

representatives of

The Administrative Board shall be composed of four represen-
tatives of the Commission, four representatives of the Council,
four
the European Parliament and four
representatives of
the professional sectors most concerned
nominated by the Commission, and their alternates. The
duration of the term of office shall be five years. The term
of office may be renewed once.

Article 12

Chairmanship of the Administrative Board

1.
The Administrative Board shall elect a Chairman and a
Deputy Chairman from among its members. The Deputy
Chairman shall automatically take the place of the Chairman
if he is prevented from attending to his duties.

The terms of office of

the Chairman and Deputy
2.
Chairman shall be three years and shall expire when they
cease to be members of the Administrative Board. The terms
of office shall be renewable once.

Article 13

Meetings

Creation and powers of the Administrative Board

The Agency shall have an Administrative Board.

The meetings of
1.
convened by its Chairman.

the Administrative Board shall be

The Administrative Board shall:

The Executive Director of the Agency shall take part in

2.
the deliberations. He shall not have the right to vote.

1.

2.

(a) appoint the Executive Director in application of Article 16;

(b) adopt, before 31 March each year, the general report of the
to the

Agency for
Commission, the Council and the European Parliament;

the previous year and forward it

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

(c) adopt, before 30 October each year, and after approval by
the Commission, the work programme of the Agency for

The Administrative Board may invite observers to attend

4.
its meetings.

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Article 14

Voting

Commission. Power to dismiss the Executive Director shall lie
with the Administrative Board, acting on a proposal from the
Commission.

The Administrative Board shall take its decisions by a

1.
two-thirds majority.

2.

Each member shall have one vote.

Article 15

Duties and powers of the Executive Director

The Agency shall be managed by its Executive Director,
1.
from any
who shall neither
Government or
from any other body. However, he must
carry out any instruction or request for assistance from the
Commission relating to the tasks set out in Article 2.

take instructions

seek nor

The Executive Director shall have the following duties

2.
and powers:

(a) The Executive Director shall prepare the work programme
it to the Administrative Board after having
and submit
received the approval of the Commission. He shall take
implementation. He shall
the necessary steps
its
respond
from the
for
to
Commission.

for
requests

assistance

any

(b) The Executive Director shall decide to carry out the visits
provided for in Article 3, following the prior agreement of
the Commission.

the

(c) The Executive Director

take all necessary steps,
including
administrative
instructions and the publication of notices, to ensure the
functioning of
the Agency in accordance with the
provisions of this Regulation.

shall
of

adoption

internal

(d) The Executive Director shall organise an effective moni-
toring system in order
to be able to compare the
Agency’s achievements with its operational objectives. On
this basis the Executive Director shall prepare a draft
general report each year and submit it to the Administrative
Board. He shall establish regular evaluation procedures that
meet recognised professional standards.

(e) The Executive Director shall exercise in respect of the staff

the powers laid down in Article 6(2).

(f) The Executive Director shall draw up estimates of

Agency’s revenue and expenditure,
Article 19, and shall
Article 20.

the
in accordance with
implement the budget pursuant to

3.
The Executive Director may be assisted by one or more
Heads of Unit. If the Executive Director is absent or indisposed,
one of the Heads of Unit shall take his place.

Article 16

Internal appointment

1.
by the Administrative Board on a proposal

The Executive Director of the Agency shall be appointed
from the

The term of office of the Executive Director shall be five

2.
years. This term of office is renewable once.

Article 17

Verification of lawfulness

1.
Any Member State, any member of the Administrative
Board and any third party directly and individually concerned
any act undertaken by the Agency to the
may refer
Commission in order to have its lawfulness verified. Referral
to the Commission shall be made within a period of fifteen
days starting on the day on which the contested act came to
the knowledge of the person concerned. The Commission shall
take a decision within a period of one month. The failure of
the Commission to take a decision within that period shall
mean that the appeal has been turned down.

The provisions of paragraph 1 above shall not apply to

2.
staff matters.

Article 18

Participation of third countries

1.
The Agency shall be open to the participation of
European countries, which have entered into agreements with
the European Community whereby they have adopted and are
applying the Community law in the field covered by this Regu-
lation.

Under

the relevant provisions of

these agreements,
2.
arrangements will be developed which shall, inter alia, specify
the nature and the extent of the detailed rules for the partici-
pation by these countries in the work of the Agency including
provisions on financial contributions and staff.

CHAPTER III

FINANCIAL REQUIREMENTS

Article 19

Budget

1.

The Agency’s revenues shall consist of:

(cid:151) a contribution from the Community;

(cid:151) charges for publications, training and/or any other services

provided by the Agency.

The Agency’s expenditure shall

2.
trative, infrastructure and operational expenses.

include staff, adminis-

3.
The Executive Director shall draw up an estimate of the
Agency’s revenues and expenditure for the following financial
year and shall forward it to the Administrative Board together
with an establishment plan.

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4.

Revenue and expenditure shall be in balance.

5.
The Administrative Board shall, by 31 March at the latest,
adopt the draft budget and forward it to the Commission,
which on that basis shall enter the relevant estimates in the
preliminary draft general budget of the European Communities
which it puts before the Council and the European Parliament
in accordance with Article 272 of the Treaty.

The Administrative Board shall adopt

6.
the Agency’s
budget, adjusting it where necessary to the Community subsidy.

The evaluation will assess the impact this Regulation, the
2.
Agency and its working practices will have had in establishing
a high level of maritime safety. The Administrative Board issues
specific terms of reference in agreement with the Commission.

The Administrative Board shall receive the evaluation
3.
findings and issue recommendations
regarding changes to
this Regulation, the Agency and its working practices to the
Commission. Both the evaluation findings and recommen-
dations shall be made public.

Article 20

Implementation and control of the budget

The Executive Director shall

1.
budget.

implement

the Agency’s

2.
Control of commitment, payment of all expenditure and
control of the existence and recovery of all Agency revenue
shall be carried out by the Financial Controller of
the
Commission.

Article 22

Financial provisions

the Agency’s Financial Regulation, which shall

The Administrative Board, after receiving the agreement of the
Commission and the opinion of the Court of Auditors, shall
adopt
in
particular specify the procedure to be used for drawing up
in accordance with
and implementing the Agency’s budget,
Article 142 of
the Financial Regulation applicable to the
general budget of the European Union.

By 31 March each year at

3.
the Executive
Director shall submit to the Commission, the Administrative
Board and the Court of Auditors the detailed accounts of all
revenue and expenditure from the previous year.

the latest,

The Court of Auditors
in
accordance with Article 248 of the Treaty. They shall publish
a report on the Agency’s activities each year.

shall examine these accounts

4.
The European Parliament shall, on a recommendation
from the Administrative Board, give a discharge to the
Executive Director of the Agency in respect of the implemen-
tation of the budget.

Article 21

Evaluation

1. Within five years from the date of the Agency having
taken up its responsibilities, the Agency in collaboration with
the Commission shall carry out an independent evaluation on
the implementation of this Regulation.

CHAPTER IV

FINAL PROVISIONS

Article 23

Start of the Agency’s activities

The Agency shall be operational within twelve months of the
entry into force of this Regulation.

Article 24

Entry into force

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

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