Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency
Date: 2003-08-06
Institutions: European Commission
Subjects: EU office or agency, crew, institutional structure, maritime safety, maritime surveillance, pollution control measures, pollution from ships, powers of the institutions (EU), recognition of vocational training qualifications

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 6.8.2003
COM(2003) 440 final

2003/0159 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety
Agency

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

BACKGROUND AND OBJECTIVES

Following the accident of the oil tanker "Erika", the Commission proposed in 2001 a
Regulation setting up a European Maritime Safety Agency (the Agency), a technical
body  with  the aim  to ensure  a high, uniform  and  effective  level  of  maritime  safety
and  prevention  of  pollution  by  ships  in  the  Community.  Regulation  1406/2002
setting up the Agency was adopted by the European Parliament and the Council on
27 June 2002 and entered into force following its publication in the Official Journal,
in  August  of  the  same  year.  This  new  Community  body  has  the  responsibility  to
provide Member States and the Commission with technical and scientific assistance
in  order  to  help  them  to  apply  properly  the  Community  legislation  in  the  field  of
maritime safety and prevention of pollution by ships, to monitor the implementation
of this legislation and to evaluate the effectiveness of the measures in place.

In  the  aftermath  of  a  new  ecological  catastrophe  in  European  waters,  caused  in
November 2002 by the accident of the oil tanker "Prestige", it became obvious that
additional  measures  had  to  be  taken  on  a  European  level  not  only  with  regard  to
prevention  of  pollution  by  ships  but  also  the  response  to  such  pollution.  The
envisaged measures had to supplement the actions undertaken by Member States and
provide  added  value  to  the  actions  already  undertaken  at  Community  level  in  the
fields  of  accidental  or  deliberate  marine  pollution  and  civil  protection.  The  newly
established  European  Maritime  Safety  Agency  provided  the  appropriate  framework
for  developing concrete pollution  response  actions  at  Community  level.  In  order  to
give to the Agency the competence and the means to act, the Commission proposes
to amend accordingly Regulation 1406/2002 which established the Agency.

At  present, the  role of the European  Community in  the  field  of  response  to  marine
pollution  is  based  on  two  Community  instruments:  (a)  Decision  2850/2000/EC1  of
the European Parliament and of the Council setting up a Community framework for
co-operation  in  the  field  of  accidental  or  deliberate  marine  pollution,  (b)  Council
Decision 2001/792/EC2 of 23 October 2001 establishing a Community mechanism to
facilitate  reinforced co-operation in  civil protection  assistance  interventions.  In  line
with  the  above  instruments  Community  action  aims  to:  support  and  supplement
Member  States’  efforts;  contribute  to  improving  the  capabilities  of  the  Member
States  for  response  in  case  of  incidents;  strengthen  the  conditions  for  and  facilitate
efficient  mutual  assistance  and  co-operation;  promote  co-operation  among  Member
States  in  order  to  provide  for  compensation  for  damage  in  accordance  with  the
polluter-pays principle.

1

2

OJ L 332 of 28.12.2000, p 1.
OJ L 297 of 15.11.2001, p.7.

2

                                                
The  Community  mechanism  facilitating  co-operation  in  civil  protection  assistance
interventions  works  in  parallel  with  a  number  of  regional  agreements  and
Conventions  on  accidental  marine  pollution,  such  as  the  Bonn  Co-operation
Agreement3,  which  facilitate  mutual  assistance  and  co-operation  between  Member
States at regional level.

The  Agency  will  provide  practical  resources  in  support  of  the  above  Community
framework  and  Community  mechanism,  including  specialised  pollution  response
ships and equipment for collecting oil and other noxious substances in the sea. It will
thereby supplement the pollution response mechanisms of Member States. In case of
a  pollution  incident,  the  Agency  will  assist  the  affected  Member  State  under  the
authority of which the cleaning up operations will be conducted.

Furthermore,  the  Agency  will  provide  Member  States  and  the  Commission  with
technical  and  scientific  assistance  in  the  field  of  accidental  or  deliberate  pollution
caused by ships.

The proposed revision of the Regulation setting up the Agency had also to take into
account  the  development  of  Community  competence  in  an  area  closely  related  to
maritime  safety:  maritime  security.  Increased  concerns  over  the  threat  of  terrorism
and  other  illicit  actions  targeting  ships  and  port  installations  led  to  the  adoption  of
specific international instruments. A diplomatic Conference held by the International
Maritime Organisation (IMO) adopted on 12 December 2002 a series of amendments
to  the  SOLAS4  Convention  and  a  new  International  Code  (International  Ship  and
Port  Facility  Security  Code),  that  provide  a  set  of  measures  relating  to  maritime
security.  In  view  of  the  entry  into  force  of  these  measures  on  July  2003,  the
Commission  issued  a  proposal  for  a  Regulation  on  the  improvement  of  ships  and
ports security5, which implements in a harmonised way throughout  the  Community
the international instruments mentioned above. The same proposal sets up a system
of  inspections  regarding  the  effective  application  of  the  security  measures  by
Member  States,  to  be  carried  out  by  the  Commission  with  the  assistance  of  the
Agency. Therefore, Regulation 1406/2002, setting up the Agency, had to be amended
accordingly, to reflect the contribution of the Agency in this field.

A  recent  Commission  proposal  amending  Directive  2001/25/EC  on  the  minimum
level  of  training  of  seafarers6  provides  for  an  increased  role  of  the  Agency  in  the
process of Community recognition of the training and qualifications of third country
seafarers.  While  the  tasks  of  the  Agency  already  include  the  field  of  seafarers
training, the  present revision  of the Regulation 1406/2002  provides  the  opportunity
to  focus  more  on  this  area  and  to  take  into  account  the  increased  requirements
resulting from the proposed amendment to Directive 2001/25/EC.

3

4

5

6

Agreement  for  co-operation  in  dealing  with  pollution  of  the  North  Sea  by  oil  and  other  harmful
substances, 1983.
International Convention of Safety of Life at Sea, 1974.
Commission  Communication  on  enhancing  maritime  transport  security.  Proposal  for  a  European
Parliament and Council Regulation on enhancing ship and port facility security, COM (2003) 229 final
of 2 May 2003.
COM (2003) 1 final of 13.01.2003.

3

                                                
2.

JUSTIFICATION OF THE PROPOSED MEASURE

The  objective  of  the  proposed  measure  is  to  amend  Regulation  1406/2002  of  the
European Parliament and of the Council. There are two main reasons for this. First,
the need to provide the Agency with the legal competence and the appropriate means
to fight accidental and illicit pollution caused by ships and second the need to specify
the role of the Agency in the fields of maritime security and the training of seafarers,
in line with recent Commission initiatives in these fields.

The Commission Communication of 5/3/2003, reporting to the European Council on
action to deal with the effects of the Prestige disaster7, announced the Commission's
intention  to  further  define  and  expand  the  jurisdiction  of  the  Agency,  in  order  to
enable it to lease vessels equipped with advanced technology or other anti-pollution
equipment to serve the European Union.

2.1.

The pollution response task

Co-ordination of the Community pollution response has been substantially improved
following  the  establishment  of  the  civil  protection  co-ordination  mechanism
(Decision 2001/792/EC), which is now referred to as the Civil Protection Response
Centre. However, experience from recent accidents in European waters demonstrated
that  there  is  need  for  additional  Community  action  in  the  pollution  response  field.
The  Commission  sees  a  clear  merit  in  providing  the  European  Maritime  Safety
Agency  with  the  competence  and  the  means  to  supplement  the  pollution  response
plans of Member States.

In  order  to  provide  the  Agency  with  the  necessary  means  to  fulfil  its  pollution
response objective, it is considered necessary to grant it an additional budget whose
revenue  will  initially  come  from  the  Community.  However,  the  Commission  will
study appropriate ways of re-funding this task, taking into account the polluter pays
principle, in order to submit proposals if appropriate to the European Parliament and
the Council at a later stage.

In  order  to  contribute  actively  to  the  Community  civil  protection  co-ordination
mechanism,  the  Agency  should  have  appropriate  means  allowing  it  to  intervene,
under the authority of the Member State requesting assistance, in cases of accidental
or  deliberate  marine  pollution.  To  this  end,  the  Agency  must  be  able  to  charter
specialised  or  multipurpose  pollution  response  ships  and  associated  technical
equipment.

This  proposal  leaves  it  to  the  Administrative  Board  of  the  Agency,  with  the
agreement  of  the  Commission,  to  adopt  a  detailed  pollution  response  plan,
determining  the  best  possible  use  of  the  financial  means  made  available  in  the
Community  budget.  In  doing  that,  the  Agency  will  have  to  take  into  account  the
added  value  of  its  activities  towards  those  of  Member  States,  as  well  as  the  best
possible combination of cost and efficiency. This line of action takes into account the
fact that the Agency needs flexibility both in the constant evaluation of the  gaps in
the  Member  States'  pollution  response  schemes  and  in  the  setting  up  of  its  own
pollution response scheme.

7

Communication  from  the  Commission  "Report  to  the  European  Council  on  action  to  deal  with  the
effects of the Prestige disaster" of 5.3.2003, COM(2003) 105 final.

4

                                                
The detailed pollution response plan of the Agency will take into account the actions
undertaken in the context of the Community mechanism facilitating a reinforced co-
operation in civil protection assistance interventions.

The Commission and  the  Agency are currently studying the most  efficient  ways  of
exercising  the  pollution  response  activity  of  the  Agency.  This  analysis,  to  be
completed by the results of an independent study, will allow the Agency to set up its
detailed pollution response plan to be adopted by the Administrative Board.

The number of ships to be chartered is another factor determining the effectiveness
of the Agency's action. In most cases oil spills occur close to the coast and the time
available to intervene before the pollution reaches the shore is very short. Therefore
the  proximity  of  the  ships  chartered,  to  the  place  of  the  incident  is  crucial  for  the
intervention.  Considering  the  length  of  the  coasts  of  the  Union,  in  particular  after
enlargement,  a  choice  needs  to  be  made  on  how  many  ships  are  economically
justifiable to be chartered and under which conditions. Such choice will be part of the
detailed  pollution  response  plan  to  be  adopted  by  the  Administrative  Board  of  the
Agency,  with  the  agreement  of  the  Commission.  It  should  be  pointed  out  in  this
context  that  the  Community's  action  supplements,  but  does  not  take  the  place  of,
action by the Member States.

The ships belonging to the pollution response plan of the Agency should carry all the
necessary equipment to deal with a broad range of oil types and chemical substances,
following a pollution incident.

The  Agency  will  have  to  carry  out  detailed  research  and  an  analysis  of  where
appropriate  pollution  response  ships  can  be  found.  Since  the  current  pollution
response  fleet  in  Europe  is  mainly  owned  or  chartered  by  the  Member  States,  the
Agency  will  have  to  investigate  existing  capacity  in  the  private  sector.  In  such
context, the technical expertise available from the shipbuilding sector in the EU and
elsewhere  in  building  pollution  response  ships  of  advanced  technology  will  be
explored.  All  contracts  to  be  concluded  by  the  Agency  for  chartering  ships  and
equipment will have to be publicly tendered.

As  clearly  mentioned  in  the  proposal,  the  Agency  will  supplement  the  pollution
response mechanisms of Member States and not replace them. To achieve this result,
the  best  solution  would  seem  to  be  to  create  closer  co-operation  between  Member
States and the Agency within the existing civil protection co-operation mechanism.

5

In  addition  to  the  provision  of  the  appropriate  means  in  the  fight  against  pollution
caused by ships, the Agency will also provide technical and scientific support to the
Member  States  and  the  Commission  in  this  same  area.  It  will  therefore  have  to
develop  and  maintain  scientific  knowledge  in  this  field.  It  will  also  have  to
constantly  evaluate  the  effectiveness  of  the  actions  carried  out  and  propose
adjustments/alternatives. The evaluation of the effectiveness will have to be  carried
out in close co-operation with the Member States.

2.2.

Maritime transport security and training of seafarers

The  Commission  proposal  for  a  Regulation  on  enhancing  ship  and  port  facility
security  sets  out  Member  States'  obligations  as  regards  administration,  monitoring
and provision of resources necessary for achieving the objectives of the Regulation,
and requires them to adopt a national plan for implementing its provisions.

The proposed Regulation introduces a process whereby inspections supervised by the
Commission are put in place to check the effectiveness of procedures for monitoring
the  implementation  of  each  national  system.  Under  this  process  the  Agency  is
requested to assist the Commission in the tasks assigned to it by this Regulation.

In  the  light  of  the  above,  Regulation  1406/2002  establishing  the  Agency  has  to  be
amended  accordingly  to  mention  clearly  maritime  security  among  the  tasks  of  the
Agency.

The  Commission  proposal  for  a  Directive  amending  European  Parliament  and
Council  Directive  2001/25/EC  on  the  minimum  level  of  training  of  seafarers
introduces  new  procedures  with  regard  to  the  recognition  of  certificates  of
competency  of  seafarers  issued  by  countries  outside  the  EU.  More  specifically  it
introduces  a  centralised  and  harmonised  procedure  for  a  Community-wide
recognition of third countries complying with the STCW Convention8.

Such  centralised  Community  wide  recognition  becomes  the  responsibility  of  the
Commission  and  requires  additional  resources  at  Community  level,  in  order  to
perform a task which was previously under the responsibility of Member States. The
proposal  mentions  clearly  that  the  Agency  will  have  to  assist  in  this  enlarged
Community task.

While Regulation 1406/2002 establishing the Agency, already mentions in article 2
that the Agency must assist the Commission in the performance of any task assigned
to it in the field of safety, training, certification and watchkeeping of ships' crews, it
is  necessary  to  align  this  provision  with  the  enlarged  task  assigned  to  the
Commission and to the Agency in this field.

3.

CONTENT OF THE PROPOSAL

The  proposal  contains  one  article  specifying  the  proposed  modifications  to  the
existing provisions of the Regulation and one article relating to the entry into force of
the Regulation.

8

International Convention on Standards of Training, Certification and Watchkeeping, 1978.

6

                                                
4.

4.1.

SPECIFIC CONSIDERATIONS

Introduction  of  maritime  security  and  pollution  response  among  the  Agency's
objectives (Article 1.1)

Article 1 of Regulation (EC) 1406/2002 is amended in order to reflect the expansion
of the Agency's jurisdiction in the fields of maritime security and pollution response.
A new  paragraph 3  is  added  to  Article  1,  providing  for  the  Agency's  technical  and
scientific assistance to Member States and the Commission in the pollution response
field. The same paragraph provides that the Agency is to assist Member States with
appropriate  resources, by supplementing their  action  in  cases  of  maritime  pollution
incidents.  In  such  cases,  the  Agency  will  act  in  support  of  the  Community
mechanism in the field of civil protection, set up by Council Decision 2001/792/EC.

4.2.

Introduction  of  maritime  security  and  pollution  response  among  the  specific
tasks of the Agency (Article 1.2)

Article 2 of Regulation (EC) 1406/2002, referring to the Agency tasks, is amended in
order to introduce in all relevant places specific references to the new objectives of
the Agency. These modifications concern:

– 

– 

– 

– 

assistance  to  the  Commission  in  updating,  developing  and  verifying  the
implementation of Community legislation in the fields of maritime security and
pollution response;

backing  up,  with  appropriate  resources,  Member  States'  pollution  response
actions;

collection,  recording  and  evaluation  of  information  and  data  on  maritime
security (the same task with regard to information and data on pollution from
ships was already included among the Agency tasks);

possible technical assistance to accession countries  on  both  maritime  security
and pollution response.

Under  this  same  article,  a  specific  reference  is  added  to  paragraph  (b)(iii)  to  the
enlarged Community competence on the training and qualifications of third country
seafarers,  involving  the  evaluation  of  compliance  of  third  countries  with  the
requirements of the STCW Convention.

4.3.

Establishment of a policy plan by the Administrative Board with regard to the
Agency's pollution response activities (Article 1.3).

A new  paragraph is  added to  article  10  of Regulation  (EC) 1406/2002,  referring  to
the creation and powers of the Administrative  Board, in order  to  include among  its
powers the adoption of a detailed plan with regard to the Agency's pollution response
activities, which will be prepared by the Executive Director. The Board will have to
take into account  the  value  added  by  the  Agency's  activities  to  the  activities  of  the
Member States, as well as the best possible combination of cost and efficiency. Such
plan  needs  to  have  the  agreement  of  the  Commission,  in  order  to  ensure  its  full
compatibility with the Community mechanism in the field of civil protection and the
Community framework of co-operation in the field of accidental or deliberate marine
pollution.

7

4.4.

Addition of the required  expertise of  both the Administrative Board Members
and the Executive Director concerning the Agency's new tasks (Articles 1.4 and
1.5).

Articles  11  and  16  of  Regulation  (EC)  1406/2002,  referring  respectively  to  the
composition  of  the  Administrative  Board  and  the  appointment  of  the  Executive
Director,  are  amended in  order to  add  the  fields  of  maritime  security  and  pollution
response to the list of required expertise. This provision will take effect in the case of
new appointments within the Agency's administrative structure.

4.5.

Adjustment of the conditions applying to third countries wishing to participate
in the Agency (Article 1.6).

Article 17 of Regulation (EC) 1406/2002, referring to the participation in the Agency
of  third  countries,  is  amended  in  order  to  include  among  the  conditions  for  such
participation  the  adoption  and  application  of  the  Community  law  on  maritime
security  and  pollution  prevention.  This  provision  cannot  apply  retrospectively  to
third countries already participating in the Agency prior to the entry into force of this
Regulation. These countries are, however, expected to take all appropriate measures
in  order  to  align  with  the  Community  legislation  in  these  two  areas,  as  soon  as
possible.

8

2003/0159 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety
Agency

(Text with EEA relevance)

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 Commission9,

Having regard to the opinion of the European Economic and Social Committee10,

Having regard to the opinion of the Committee of the Regions11,

Acting in accordance with the procedure laid down in Article 251 of the Treaty12,

Whereas:

(1)

(2)

(3)

Regulation  (EC)  No  1406/2002  of  the  European  Parliament  and  of  the  Council
established  a  European  Maritime  Safety  Agency13  (the  Agency)  for  the  purpose  of
ensuring  a  high,  uniform  and  effective  level  of  maritime  safety  and  prevention  of
pollution by ships.

It  is  important  to  take  appropriate  security  measures  to  ensure  the  safety  of
Community shipping and Community ports as well as the safety of passengers, crews
and port staff, against the threats of intentional unlawful acts.

On  12  December  2002,  the  Diplomatic  Conference  of  the  International  Maritime
Organisation (IMO) adopted a number of amendments to the International Convention
for  the  Safety  of  Life  at  Sea  (SOLAS)  and  an  International  Ship  and  Port  Facility
Security Code (ISPS) that provide a set of measures regarding maritime security. It is
therefore  appropriate  to  specify  the  role  of  the  Agency  in  the  field  of  maritime
security.

9

10

11

12

13

OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ L 208 of 5.8.2002, p.1.

9

                                                
(4)

(5)

(6)

(7)

(8)

(9)

The  Commission  Communication  of  2  May  2003  to  the  European  Parliament,  the
Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the
Regions on enhancing maritime transport security14 includes a proposal for a European
Parliament  and  Council  Regulation  which  implements  the  above  international
instruments  in  the  Community.  The  proposed  Regulation  on  ship  and  port  facility
security  assigns  to  the  Agency  an  important  task  concerning  the  implementation  of
these security measures by Member States.

Recent accidents in European waters, particularly those of the oil tankers "Erika" and
"Prestige",  demonstrated  the  need  for  additional  Community  action  not  only  in  the
field of pollution prevention, but also in the pollution response field.

Decision  2850/2000/EC15  of  the  European  Parliament  and  of  the  Council  set  up  a
Community framework for co-operation in the field of accidental or deliberate marine
pollution for the period from 1 January 2000 to 31 December 2006.

Council  Decision  2001/792/EC16  established  a  Community  mechanism  to  facilitate
reinforced  co-operation 
including
in  civil  protection  assistance 
accidental marine pollution. This mechanism involves a Commission monitoring and
information centre deployed in all cases of civil protection assistance interventions.

interventions, 

The Agency should be provided with the appropriate structure to undertake pollution
response  actions  which  will  supplement  the  pollution  response  mechanisms  of  the
Member States. It should act in support of the Community mechanism in the field of
civil protection.

The Commission proposal for a Directive amending European Parliament and Council
Directive 2001/25/EC on the minimum level of training of seafarers17 introduces new
procedures  with  regard  to  the  recognition  of  certificates  of  competency  of  seafarers
issued by countries outside the EU. The Agency should assist the Commission in the
evaluation  of  the  compliance  of  those  countries  with  the  requirements  of  the  1978
International  Convention  on  Standards  of  Training,  Certification  and  Watchkeeping
(STCW Convention).

(10)

The Administrative Board  of  the  Agency  should  have  the  competence,  in  agreement
with  the  Commission,  to  define  a  policy  plan  with  regard  to  the  Agency's  pollution
response activities. In drawing up the plan, the Administrative Board should take into
account the added value which the Agency's pollution response activities involve for
the activities of the Member States,  as  well  as  the  best  possible  combination  of  cost
and efficiency.

(11)

For future appointments in the administrative structure of the Agency (Administrative
Board,  Executive  Director),  due  account  should  be  taken  of  the  required  experience
and expertise in the new fields of competence of the Agency: the response to pollution
caused by ships, and maritime security.

14

15

16

17

COM(2003) 229 final.
OJ L 332 of 28.12.2000, p 1.
OJ L 297 of 15.11.2001, p.7.
COM (2003) 1 final of 13.01.2003.

10

                                                
(12)

Third  countries  wishing  to  participate  in  the  Agency  will  have  to  adopt  and  apply
Community law in all fields of competence of the Agency, including the response to
pollution caused by ships and maritime security.

(13) Regulation (EC) No 1406/2002 should, therefore, be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) 1406/2002 is hereby amended as follows:

1)

Article 1 is amended as follows:

(a) paragraphs 1 and 2 are replaced by the following:

"1. This  Regulation  establishes  a  European  Maritime  Safety  Agency  (the
"Agency")  for  the  purpose  of  ensuring  a  high,  uniform  and  effective  level  of
maritime  safety,  maritime  security,  prevention  of  pollution  and  response  to
pollution by ships within the Community.

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

(b) the following paragraph 3 is added :

"3. The Agency shall provide Member States and the Commission with technical
and  scientific  assistance  in  the  field  of  accidental  or  deliberate  pollution  by
ships  and  supplement  with  appropriate  means 
the  pollution  response
mechanisms  of  Member  States.  It  shall  act  in  support  of  the  Community
framework  for  co-operation  in  the  field  of  accidental  or  deliberate  marine
pollution  established  by  Decision  2850/2000/EC  of  the  European  Parliament
and  of  the  Council  and  of  the  Community  mechanism  in  the  field  of  civil
protection established by Council Decision 2001/792/EC."

2)

Article 2 is replaced by the following:

"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, where appropriate, in the preparatory work for
updating and developing Community legislation in the fields of maritime safety
and  maritime  security,  the  prevention  of  pollution  and  response  to  pollution
caused  by  ships,  in  particular  in  line  with  the  development  of  international
legislation in that field. That task shall include the analysis of research projects
carried out in the field of maritime safety and maritime security, the prevention
of pollution and response to pollution caused by ships.

11

(b)

It  shall  assist the  Commission  in  the  effective  implementation  of  Community
legislation  on  maritime  safety  and  maritime  security,  prevention  of  pollution
and  response  to  pollution  caused  by  ships  throughout  the  Community.  In
particular, the Agency shall:

(i)

(ii)

(iii)

monitor  the  overall  functioning  of  the  Community  port  State  control
regime, which may include visits to the Member States, and suggest to
the Commission any possible improvements in that field;

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

assist  the  Commission in  the  performance  of  any  task  assigned  to  the
Commission by existing and future Community legislation on maritime
safety  and  maritime  security,  ship  pollution  prevention  and  ship
pollution  response,  notably  legislation  applicable  to  classification
societies, the safety of passenger ships, as well as that applicable to the
safety,  training,  certification  and  watchkeeping  of  ships'  crews,
including  the  evaluation  of  compliance  of  third  countries  with  the
requirements of the STCW Convention.

(c)

It shall work with the Member States to:

(i)

(ii)

(iii)

organise, where appropriate, relevant training activities in fields which
are the responsibility of the port State and flag State;

develop technical solutions and provide  technical  assistance  related  to
the implementation of Community legislation;

supplement with appropriate means, via the Community mechanism in
the  field  of  civil  protection  established  by  Council  Decision
2001/792/EC,  their  pollution  response  actions  in  case  of  accidental  or
deliberate pollution caused by ships;

(d)

it shall facilitate co-operation between the Member States and the Commission
in the field covered by Directive 2002/59/EC. In particular, the Agency shall:

(i)

(ii)

promote  co-operation  between  riparian  States  in  the  shipping  areas
concerned in the fields covered by that Directive;

develop and operate any information system necessary for attaining the
objectives of the Directive;

(e)

it shall facilitate co-operation between the Member States and the Commission
in  the  development,  with  due  regard  to  the  different  legal  systems  in  the
Member  States,  of  a  common  methodology  for  investigating  maritime
accidents  according  to  agreed  international  principles,  in  the  provision  of
support to the Member States in activities concerning investigations related to
serious  maritime  accidents,  and  in  the  carrying  out  of  an  analysis  of  existing
accident investigation reports;

12

(f)

(g)

it shall provide the Commission and the Member States with objective, reliable
and comparable information and data on maritime safety, on maritime security
and on pollution by ships to enable them to take the necessary steps to improve
their  actions  in  these  fields  and  to  evaluate  the  effectiveness  of  existing
measures. Such tasks shall include the collection, recording and evaluation of
technical data in the fields of maritime safety, maritime security 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  appropriate,  the  development  of  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  Community  ports  pursuant  to  the
Directive  on  port  State  control.  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.

In  the  course  of  negotiations  with  States  applying  for  accession  the  Agency
may provide technical assistance as regards the implementation of Community
legislation in the field of maritime safety, maritime security, and prevention of
pollution  by  ships.  The  Agency  may  also  provide  assistance  in  case  of
accidental  or  deliberate  marine  pollution  affecting  these  States,  via  the
Community mechanism in the field of civil protection  established  by Council
Decision  2001/792/EC.  These  tasks  shall  be  co-ordinated  with  the  existing
regional  co-operation  programs  and  shall  include,  where  appropriate,  the
organisation of relevant training activities."

3)

In Article 10, paragraph 2, the following point (k) is added:

"(k) adopt, following a proposal by the Executive Director and in agreement with the
Commission,  a  detailed  plan  for  the  Agency's  pollution  response  activities,
aiming at the optimum use of the financial means available to the Agency."

4)

In Article 11, the second subparagraph of paragraph 1 is replaced by the following:

"Board  members  shall  be  appointed  on  the  basis  of  their  degree  of  relevant
experience  and  expertise  in  the  field  of  maritime  safety,  maritime  security,
prevention of pollution and response to pollution caused by ships."

5)

In Article 16, the first subparagraph of paragraph 1 is replaced by the following:

"1. The Executive Director of the Agency shall be appointed by the Administrative
Board  on  grounds  of  merit  and  documented  administrative  and  managerial
skills,  as  well  as  competence  and  experience  relevant  for  maritime  safety,
maritime security, prevention of pollution and response to pollution caused by
ships. The Administrative Board shall take its decision by a four-fifths majority
of  all  members  with  the  right  to  vote.  The  Commission  may  propose  a
candidate or candidates."

13

6)

In Article 17, paragraph 1 is replaced by the following:

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

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

Article 2

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

Done at Brussels,

For the European Parliament
The President

For the Council
The President

14

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Inland, air and maritime transport policy

Activit(y/ies):  Implementation  of  the  provisions  on  pollution  response  activities,  maritime
security and training of seafarers by the European Maritime Safety Agency.

TITLE  OF  ACTION:  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE  COUNCIL
AMENDING  REGULATION  (EC)  1406/2002  ESTABLISHING  A  EUROPEAN  MARITIME
SAFETY AGENCY.

1.

BUDGET LINE(S) + HEADING(S)

06020201 and 06020202: European Maritime Safety Agency (Subsidy for titles 1, 2
and 3),

06020203: European Maritime Safety Agency (Subsidy for anti-pollution measures )

2.

2.1.

2.2.

OVERALL FIGURES

Total allocation for action (Part B): See point 6.1

Period of application:

(Indefinite, starting in 2004)

2.3.

Overall multiannual estimate of expenditure:

(a)

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) / Budget line 06020203(see point 6.1.1).

(financial

€ million (to three decimal places)

Year
2004

2005

2006

(1)

2007 and subsequent
years

Total

Commitments

Payments

20

10

20

25

20

25

(2)

N.A.

60

60

(1) EUR 20 million have been  programmed  by  the  Commission  for  each  year  of
the period  2004-2006,  subject  to  revision  in  line  with  future  decisions  by  the
legislative authority.(SEC (2003) 492 point 1.1.1).

(2) To  be  decided  in  the  light  of  the  results  of  the  evaluation  provided  for  in

paragraph 8.2.

15

(b)

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) / Budget line 06020202 (see point 6.1.2).

(financial

Commitments

0,130

0,130.

0,390 N.A.

Payments

0,130

0,130

0,390 N.A.

0,650

0,650

Provision  for  the  2004  expenditure  has  been  made  in  the  2004  Preliminary  Draft
Budget.

Subtotal a+b

Commitments

Payments

N.A.

20,13
0

10,13
0

20,13
0

25,13
0

20,39
0

25,39
0

60,650

60,650

(c)

Overall financial impact of human resources and other administrative and operational
expenditure (Budget lines 06020201 and 06020202 ) (see points 7.2 and 7.3).

Commitments/

3,240

3,240

3,240 N.A.

9,720

payments

Provision for the 2004 expenditure has been made in the 2004 Preliminary Draft Budget.

TOTAL
a+b+c

Commitments

23,370

23,370

23,630

N.A.

Payments

13,370

28,370

28,630

70,370

70,370

2.4.

Compatibility with financial programming and financial perspective

[X] Proposal  is  compatible  with  existing  financial  programming  for  the  period

2004-2006.

2.5.

Financial impact on revenue:

[X] Proposal  has  no  financial  implications  (involves  technical  aspects  regarding

implementation of a measure).

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
from applicant
countries

Heading in
financial
perspective

NCE

DA

YES

YES

NO

No 3 Internal
Policies

16

4.

LEGAL BASIS

Article 80(2) of the  EC  Treaty, Regulation (EC)  No  1406/2002  of  the  European  Parliament
and of the Council, of 27 June 2002, establishing a European Maritime Safety Agency.

5.

DESCRIPTION AND GROUNDS

5.1.

Need for Community intervention

5.1.1. Objectives pursued

In  the  aftermath  of  a  series  of  ecological  catastrophes  in  European  waters  caused  by  oil
tankers,  it  became  obvious  that  the  European  Union  had  to  take  additional  measures  to
respond  to pollution caused by  ships.  The  Community  body  which  is  best  placed  to  initiate
concrete actions against pollution caused by ships is the European Maritime Safety Agency,
set up by Regulation 1406/2002. These actions shall supplement the efforts of Member States
and provide added value to the Community framework for co-operation in the field of marine
pollution and civil protection and the Community mechanism in the field of civil protection.

– 

– 

– 

In  order  to  provide  the  Agency  with  the  necessary  means  to  fulfil  its  pollution
response objective, it is considered necessary to grant it an additional budget whose
revenue  will  initially  come  from  the  Community.  An  amount  of  €  20  million  has
been allocated in the 2004 Draft Community budget for this action.

Increased concerns over the threat of terrorism and other illicit actions targeting ships
and port facilities lead to the adoption of by the International Maritime Organisation
of  specific  instruments  to  face  such  threat.  In  view  of  the  entry  into  force  of  these
instruments on July 2003, the Commission has issued a proposal for a Regulation on
the  improvement  of  ships  and  ports  security  (COM(2003)  229  final,  which
implements  in  a  harmonised  way  throughout  the  Community  the  internationally
agreed  measures.  The  same  proposal  sets  up  a  mechanism  of  inspections  on  the
effective application of the security measures by Member States, to be effectuated by
the Commission with the assistance of the Agency.

A recent Commission proposal in the field of the training of seafarers provides for an
increased role of the Agency in the process of Community recognition of the training
and qualifications of third country seafarers. While the tasks of the Agency already
include  assistance  in  the  field  of  seafarers  training,  the  present  revision  of  the
Regulation 1406/2002 provides the opportunity to put additional accent in this field.

In  line  with  the  above  considerations,  Regulation  1406/2002  establishing  the  European
Maritime Safety Agency has to be amended to:

– 

– 

provide  the  Agency  with  the  legal  competence  and  the  appropriate  means  to  fight
accidental  and  illicit  pollution  caused  by  ships.  The  actions  undertaken  by  the
Agency will supplement the efforts of Member States and provide added value to the
Community  framework  for  co-operation  in  the  field  of  marine  pollution  and  civil
protection and the Community mechanism in the field of civil protection;

enlarge the objectives of the Agency in order to cover the field of maritime security,
allowing the Agency to supplement the Community policy in this field in line with
the Commission Communication on enhancing maritime transport security;

17

– 

further  define  the  Agency's  competence  in  the  field  of  the  training  of  seafarers  in
order to reflect the enlarged role attributed to the Commission and to the Agency in
line with the revision of Directive 2001/25/EC on the minimum level of training of
seafarers.

5.1.2. Measures taken in connection with ex ante evaluation

Following  the  accident  of  the  oil  tanker  Prestige,  which  caused  a  severe  spill  of  heavy  oil
affecting  the  coastlines  of  Spain,  Portugal  and  France,  it  became  obvious  that  additional
measures  were  necessary  at  Community  level  to  face  such  a  crisis.  Additional  capacity  in
anti-pollution resources (both ships and equipment) should be available in Europe in order to
minimise the severe implications of pollution caused by ships.

Taking  into  account  that  at  present  pollution  response  actions  are  under  the  direct
responsibility  of  Member  States,  the  Commission  assessed  the  situation  by  consulting  a
number of Member States' authorities. Furthermore, the Commission consulted organisations
representing industry, which have experience in pollution response methods.

From these consultations, it became obvious that there are certain gaps in the Member States'
pollution  response  plans,  both  in  material  and  technology  terms.  In  addition,  different
approaches are taken, with significant differences in command and control structures. It  also
appeared that different organisational models were used in pollution response, ranging from a
high level of intervention by the State, which took charge of deploying its own resources, to a
very low level of involvement where assistance and  clean-up  operations were outsourced to
third parties.

The Agency's main role must be to facilitate the continuous evaluation of the action taken, as
regards both management of the pollution response and of the available technical capacities.
In order to have a better understanding of the situation, it is important to have a clear view of
the effectiveness of the measures taken by the authorities, particularly in terms of their cost,
and  to  evaluate  the  success  rate  of  the  pollution  response  and  clean-up  operations.  The
creation of a forum for the exchange of best practices and of innovative technologies would
help  achieve  the  objective  of  improving  the  pollution  response.  The  Agency  should  play  a
central  role  in  this,  by  placing  at  the  disposal  of  the  Member  States  the  best  available
technical  expertise,  organising  scenario  planning  exercises  in  order  to  further  develop
pollution response models, and examining issues of liability and international assistance.

Last  but  not  least,  strengthening  the  Agency's  contribution  to  the  Community  pollution
response system by making intervention resources available is wholly in line with the result of
the above-mentioned consultations. This is particularly relevant in connection with closing the
existing  gaps  in  the  Member  States'  operational  systems,  given  that  there  is  no  other
possibility of achieving this objective.

5.2.

Action envisaged and budget intervention arrangements

The  proposed  Regulation  will  provide  the  newly  established  European  Maritime  Safety
Agency with a new competence for becoming active in the pollution response field. Action by
the Agency will involve the chartering  of  specialised  anti-pollution ships and equipment.  In
that respect, a new budget line (06020203) has been proposed within the total subsidy to the
Agency,  to  contain  the  funds  dedicated  to  this  new  Agency  task.  While  this  new  line  will
contain only the operational  cost of the  anti-pollution means, this new  task  will  involve  the
gradual increase of the Agency staff, to be included in the Administrative expenditure of the

18

Agency. Furthermore, it will involve additional expenditure for associated activities including
studies, meetings, and publications.

The  second  new  task  of  the  Agency  provided  for  by  the  proposed  Regulation  relates  to
maritime  security  and  will  require  an  increase  of  staff  in  order  to  enable  the  Agency  to
perform control functions in Member States in line with the proposed Regulation on ship and
port facility security. Furthermore this task will involve additional expenditure, for associated
activities including studies, meetings, and publications.

The  proposed  Regulation  also  reflects  the  enhanced  role  of  the  Agency  in  the  area  of
recognition  of  qualifications  of  third  country  seafarers.  Additional  staff  will  be  required  for
providing  assistance  to  the  Commission  in  the  performance  of  the  enlarged  Community
competence in this field. Furthermore the enhanced role of the Agency in the control of third
country  Training  Institutions  for seafarers will involve additional  expenditure  for  associated
activities, particularly mission expenses and meetings.

The activation of the Agency in the above areas is consistent with the framework EU policies
and  will  provide  the  Community  with  additional  competence  and  appropriate  means  of
implementation and control of Community legislation.

5.3.

Methods of implementation

The  objectives  and  mission  of  the  European  Maritime  Safety  Agency  and  its  capacity  to
assemble quickly the necessary expertise in its new fields of competence, makes it the right
Community body for performing the tasks resulting from the proposed Regulation.

The  Agency  will  perform  the  direct  management  of  the  envisaged  actions.  The  detailed
activity  in  the  three  fields  mentioned  above  will  be  set  out  in  the  Work  Programme  of  the
Agency to be established every year in close co-operation with the Commission.

The Agency, in line with its founding regulation, has to produce every  year a general report
on  its  activities  for  the  previous  year  which  will  be  forwarded  to  the  Member  States,  the
European Parliament,  the  Council  and  the  Commission.  This  report  will  present  all  specific
actions  undertaken  by  the  Agency  and  will  provide  data  for  the  evaluation  of  the  actions
undertaken under the proposed revision of the Agency Regulation.

With regard to the implementation of the pollution response activity, the Commission and the
Agency  are  currently  studying  the  most  efficient  ways  of  exercising  such  activity.  This
involves (a) the evaluation of existing mechanisms by assessing their efficiency and cost (b)
the identification of best practises and methods for promoting the construction of innovative
types of anti-pollution ships. This analysis, to be completed with the results of an independent
study, will allow to the Agency to set up its detailed pollution response plan to be adopted by
the  Administrative  Board.  From  the  initial  assessment  it  appears  that  the  Agency  should  in
principle make use of two types of pollution response ships: (a) ships able to pump up oil or
chemical  and  stabilise  a  ship  in  distress  in  order  to  limit  the  pollution  threat  and  (b)  ships
capable to perform  clean up operations at sea (skimming oil from the sea, use of dissolving
chemicals or other methods) before the pollution reaches the shore. The Agency will establish
contracts  with  private  parties  which  will  provide  these  specialised  or  multipurpose  ships,
including crew and deal with all other operational expenses.

19

The Agency will study at regular intervals the evolution in the pollution response mechanisms
in  order  to  adapt  the  Agency  plan  to  the  changes  of  the  market  (availability  and  technical
characteristics of anti-pollution ships and equipment).

6.

FINANCIAL IMPACT

6.1.

Total financial impact on Part B - (over the entire programming period)

The cost of this intervention by the Agency is calculated by adding up the individual costs on
an annual basis, starting in 2004, when the proposed amendment to Regulation 1406/2002/EC
will enter into force.

Three  type  of  activities  are  envisaged,  equal  to  the  number  of  the  enlarged  Agency  tasks:
Activity  1  (pollution  response),  Activity  2  (maritime  security),  Activity  3  (qualifications  of
seafarers).

6.1.1.

Financial intervention

The table below presents exclusively the cost of Activity 1 (pollution response) and
due to its importance will enter in the Community budget line specifically devoted to
the  anti-pollution  ships  used  by  the  Agency.  Within  this  Activity,  a  separation  of
commitments  is  made  in  two  main  categories  of  actions  by  the  Agency  in  the
pollution response field: (a) the operation of specialised pollution response ships of
innovative type, capable to operate clean up operations in heavy seas (stabilise and
pump  up  oil  from  a  ship  in  distress)  and  (b)  the  operation  of  smaller  multipurpose
ships,  with  appropriate  equipment,  able  to  intervene  quickly  and  limit  the  effect  of
pollution (skimming oil from the sea, use of dissolving chemicals or other methods),
before the spill reaches the shore. The indicative cost provided below corresponds to
the chartering of such ships by the Agency.

While  the  precise  plan  of  the  Agency  pollution  response  must  be  adopted  by  the
Agency's  Board,  with  the  agreement  of  the  Commission,  it  seems  appropriate  to
envisage an appropriate amount for the operation of the specialised ships capable of
providing  added  value  to  the  existing  capacity  of  Member  States.  The  amounts
allocated for both actions are € 20 million in 2004, 2005 and 2006.

While  the final  number  of  ships  and  their  capacities  will  depend  on  the  best  offers
and market values, the chartering cost per ship under action (a) is estimated at € 10
million per year including crew and all operating expenses; while the chartering cost
per ship under action (b) including crew and all operating expenses is estimated at an
average € 3 million per year.

The  amounts  allocated  to  the  pollution  response  activity  for  2004  are  in  line  with
provision made in the Preliminary Draft Budget (line 06020203).

20

Commitments (in € million to three decimal places)

Breakdown

2004

2005

2006

2007 and subsequent years

Total

Activity 1: Pollution

10

10

10

N.A. (2)

30

response task

Action (a)

Chartering/standing contract

with specialised pollution

response ships of innovative

type (fully crewed, equipped

and managed )

Action (b):

10

10

10

N.A. (2)

30

Chartering /standing contract

with smaller, multipurpose

ships (fully crewed,

equipped and managed )

TOTAL 20

20

20 (1)

60

(1) Subject to revision in line with future decisions by the legislative authority (SEC(2003) 492 point
1.1.1).

(2) To be decided in the light of the results of the evaluation provided for in paragraph 8.2.

6.1.2.

Associated activities (commitment appropriations) Budget line 06020202

This  table  includes  support  expenditure  for  all  three  activities  resulting  from  the
proposed  Regulation  (pollution  response,  maritime  security  and  qualifications  of
third country seafarers). The cost presented below for each of the activities, concerns
the following:

(a) Studies: Periodical evaluation studies are foreseen only for the pollution response
activity at an amount of € 0.250 million;

(b) Meetings of experts: Meetings of experts from the sectors concerned with each of
the new activities are foreseen, at the flat rate of € 0.025 million for the organisation
of  one-day  meeting.  Such  meetings  are  necessary  in  order  to  analyse  the  impact,
evaluate  the  practical  implementation  and  programme  further  action  in  relation  to
each of the activities;

(c)  Information  and  publication:  Amounts  for  information,  brochures  and  other
publications by the Agency in the three new activities are also foreseen.

2004

2005

2006

2007 and
subsequent years

Total

21

Activity 
response)

1 

(pollution

a) Studies

0.250

N.A. (2)

b) Meetings of experts

0.050

0.050

0.050

N.A. (2)

c) Information and
publications

0.010

0.010

0.020

N.A. (2)

Sub-total activity 1

0.060

0.060

0.320

N.A. (2)

Activity 2 (maritime
security)

a) Studies

N.A. (2)

b) Meetings of experts

0.025

0.025

0.025

N.A. (2)

c) Information and
publications

0.010

0.010

0.010

N.A. (2)

Sub-total activity 2

0.035

0.035

0.035

N.A. (2)

Activity 3 (seafarers
qualifications)

a) Studies

N.A. (2)

b) Meetings of experts

0.025

0.025

0.025

N.A. (2)

c) Information and
publications

0.010

0.010

0.010

N.A. (2)

Sub-total activity 3

0.035

0.035

0.035

 N.A. (2)

0.250

0.150

0.040

0.440

0.075

0.030

0.105

0.075

0.030

0.105

TOTAL 0.130 (1)

0.130

0.390

 N.A. (2)

0.650

1) Provision for the 2004 expenditure has been made in the 2004 Preliminary Draft Budget.

(2) To be decided in the light of the results of the evaluation provided for in paragraph 8.2.

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources (2004-2006)

The  impact  of  the  three  new  tasks/activities  on  human  resources  for  the  Agency  is
presented below in separate columns for each of them. Taking into account that these
tasks/activities  are  additions  to  the  tasks  already  foreseen  by  Regulation  (EC)
1406/2002, the following table presents the additional human resources required for
the completion of the new Agency tasks for the period 2004-2006. These resources
have  already  been  provided  for  in  the  2004  Preliminary  Draft  Budget  (budget  line
06020201).

22

Staff to be assigned to management of the
action using existing and/or additional
resources

Description of tasks deriving from the
action

Types of post

Number of
permanent posts

Number of
temporary posts

Total

Act.
1

Act.
2

Act.
3

Act.
1

Act.
2

Act
3

1

1

1

1

1

1

6

/

2

1

9

5

/

1

1

7

4/

/

1

1

6

25

Principal Administrator &

Administrators

Administrators' Assistants

Secretaries .

Officials 
temporary staff

or

A

/

B

C

Total

7.2.

Overall financial impact of human resources (2004-2006)

Type of human resources

Amount (€)

Method of calculation *

Officials

Temporary staff

Total

324.000

Average cost of Community officials

2.376.000

(€ 0.108 million/year /official)

2.700.000

The  amounts  are  total  expenditure  for  twelve  months  for  the  first  three  years  (2004-2006).
Provision for the 2004 expenditure has been made in the 2004 Preliminary Draft Budget.

23

7.3.

Other administrative and operational expenditure deriving from the action

Budget line

(number and heading)

Overall allocation

Budget line 06020202– Missions

Activity 1 (pollution response)

Activity 2 (maritime security)

Activity 3 (qualifications of seafarers)

/

/

/

/

Meetings

Additional  Administrative  Board 
line
06020201)  and  expert  group  meetings  (Budget  line
06020202)

(Budget 

Activity 1

Activity 2

Activity 3

/

/

/

/

/

Amount €

Method of calculation

/

/

45.000

112.500

240.000

/

/

/

/

/

/

/

67.500

37.500

37.500

Average  number  of  missions 
Member States and third countries.

in

Activity  1:  30  missions  (of  about  5
days each) in various Member States in
the  context  of  pollution 
response
expertise  and  deployment  of  pollution
response  resources  chartered  by  the
Agency:  30  x  €1.500.  Activity  2:  3
inspection  visits  of  about  5  days  in
each  Member  State  (3  x  25  MS  x
inspection
€1.500).  Activity  3:  10 
missions  of  about  7  days  involving  3
inspectors  in  third  countries  in  Asia,
Far  East,  Latin  America  providing
seafarers' (10 x 3 x € 8.000).

/

/

Pollution  response:  1  extra  meeting  of
the  Administrative  Board  and  2
meetings  of  Member  States'  experts.
Maritime  security:  2  meetings  of
Member  States'  experts.  Seafarers
qualifications:  2  meetings  of  Member
States' experts.

Reimbursement  of  travel  expenses  for
the  meetings  with  Member  States'
experts,  estimated  at  25 
times  an
average of €750/expert per meeting.

Total

540.000 (1)

(1) Provision for the 2004 expenditure has been made in the 2004 Preliminary Draft Budget.

The amounts are total expenditure for twelve months.
1 Specify the type of committee and the group to which it belongs.

I.

II.

III.

Annual total (7.2 + 7.3)

Duration of action

Total cost of action (I x II)

€3.240.000

Indefinite

24

8.

FOLLOW-UP AND EVALUATION

8.1.

Follow-up arrangements

The Commission and the Agency will organise follow up arrangements involving evaluation
of the actions undertaken by the Agency in all fields of the Agency enlarged competence (see
also point 8.2).

8.2.

Arrangements and schedule for the planned evaluation

The  Agency  should  commission  a  study  on  the  third  year  after  the  start  up  of  its  pollution
response  operations  and  repeat  this  every  three  years.  The  actions  in  the  pollution  response
field  will  be  evaluated  as  well  in  the  context  of  the  Community  co-operation  framework  of
pollution response to which the Agency will participate from the start.

The  actions  undertaken  by  the  Agency  in  all  three  fields  of  enlarged  competence  will  be
reported every year in the general report of the Agency for the previous year.

9.

ANTI-FRAUD MEASURES

The activities of the Agency in the field  of  pollution response  will  be subject to the normal
audit procedures foreseen by the Agency's Financial Regulation and the control of the Court
of Auditors.

25

IMPACT ASSESSMENT FORM

THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE
TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

TITLE OF PROPOSAL

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending
Regulation  (EC)  No  1406/2002  of  the  European  Parliament  and  of  the  Council  of  27  June
2002, establishing a European Maritime Safety Agency

DOCUMENT REFERENCE NUMBER

COM(2003)XXX

THE PROPOSAL

1.

Taking  account  of  the  principle  of  subsidiarity,  why  is  Community  legislation
necessary in this area and what are its main aims?

The  main  aim  of  the  proposal  is  to  amend  Regulation  1406/2002  of  the  European
Parliament  and  of  the  Council  in  order  to  enlarge  the  competence  of  the  European
Maritime  Safety  Agency  in  the  field  of  response  to  pollution  caused  by  ships.
Furthermore the proposal specifies the role of the Agency in the  fields  of maritime
security  and  the  training  of  seafarers,  in  line  with  recent  Commission  initiatives  in
these fields.

The action of the Agency in the field of pollution response has an obvious aspect of
subsidiarity,  since  the  Community  action  will  provide  added  value  and  supplement
the  efforts  of  Member  States  in  this  field.  The  means  provided  by  the  Agency
(specialised  ships  and  equipment)  will  offer  additional  capacity  to  the  means
available  to  Member  States  when  dealing  with  pollution  incidents  (accidental  or
deliberate)  caused  by  ships.  The  objective  of  this  action,  which  is  to  minimise  the
results  of  pollution  incidents  at  sea,  will  a  have  a  clear  positive  impact  for  the
European citizen and the environment.

THE IMPACT ON BUSINESS

2.

Who will be affected by the proposal?

–  which sectors of business

Taking  into  account  that  the  Agency  will  have  to  build  up  a  pollution  response
capacity made up of specialised ships and equipment, this proposal will have indirect
positive implications in the market of such  ships  and  equipment.  Since most of the
existing capacity of such specialised means in Europe is mainly owned or chartered
by  the  Member States, the Agency  will  have  to  investigate  existing  capacity  in  the
private sector or stimulate the building of new ships.

26

–  which  sizes  of  business  (what  is  the  concentration  of  small  and  medium-sized

firms)

The positive implications of the Agency demand of pollution response means will be
spread both towards big companies (shipbuilding and ship-chartering companies) and
smaller firms, producers of specialised equipment used for the  collection of oil and
other noxious substances from the sea.

–  are  there  particular  geographical  areas  of  the  Community  where  these

businesses are found

The firms specialised in the above type of activities can be found all around Europe,
with certain concentration in the northern Member States.

3.

What will business have to do to comply with the proposal?

There is no direct effect to business. As mentioned before, the implications from the
pollution  response  activity  of  the  Agency  will  be  indirect.  In  line  with  established
Community  policy on  public  markets,  all  contracts  to  be  concluded  by  the  Agency
for chartering ships and equipment shall be publicly tendered.

4.

What economic effects is the proposal likely to have?

–  on employment

–  on investment and the creation of new businesses

–  on the competitiveness of businesses

The additional demand of the Agency in the specialised market of pollution response
ships  and  equipment  is  expected  to  have  positive  implications  both  on  investment
and employment. Extra capacity will have to  be created by  the  specialised  firms in
order  to  reply  to  such  demand.  The  competitiveness  of  the  specialised  business  is
also expected to raise.

5.

Does the proposal contain measures to take account of the specific situation of small
and medium-sized firms (reduced or different requirements etc)?

No. Such measures are not necessary.

CONSULTATION

6.

List  the  organisations  which  have  been  consulted  about  the  proposal  and  outline
their main views.

Taking  into  account  that  presently  pollution  response  actions  are  under  the  direct
responsibility  of  Member  States,  the  Commission  assessed  the  situation  by
consulting  a  number  of  Member  States  authorities  that  have  important  pollution
response  capacity  and  experience  in  this  field.  The  Commission  also  presented  its
ideas about the pollution response activity of the Agency to the Administrative Board
of the Agency, where all Member States maritime authorities are represented.

27

Furthermore, the Commission consulted a number of industry related bodies having
experience  in  the  pollution  response  methods  and  mechanisms,  including  the
International Tanker Owners Pollution Federation (ITOPF).

From  these  consultations,  it  became  obvious  that  certain  gaps  exist  in  the  Member
States  pollution  response  plans,  both  in  material  and  technology  terms.  Additional
effort was also necessary in the field of co-ordination for resembling the appropriate
anti-pollution means, in case of serious pollution incidents.

28