Regulation (EC) No 724/2004 of the European Parliament and of the Council of 31 March 2004 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (Text with EEA relevance)
Date: 2004-03-31
Institutions: Council of the European Union, European Parliament
Subjects: EU office or agency, accident prevention, maritime safety, maritime transport, prevention of pollution

29.4.2004

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 724/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

of 31 March 2004

(Text with EEA relevance)

(3)

(4)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

(5)

Whereas:

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

Regulation (EC) No 725/2004 of the European Parlia-
ment and of the Council of 31 March 2004 on enhan-
facility security (4) assigns to the
cing ship and port
Commission certain inspection tasks in relation to the
these
checking of
security
the
measures by Member States,
in the performance of
which the Agency could provide useful technical assis-
tance. These tasks shall cover inspections of ships and
related companies, as well as Recognised Security Orga-
nisations authorised to undertake certain security-related
activities in this context.

implementation of

Recent accidents
in Community waters, particularly
those of the oil tankers ‘Erika’ and ‘Prestige’, demon-
strated the need for additional Community action not
only in the field of pollution prevention, but also in the
pollution response field.

(1)

(2)

Regulation (EC) No 1406/2002 (3) established a Euro-
pean Maritime Safety Agency (‘the Agency’)
for the
purpose of ensuring a high, uniform and effective level
of maritime safety and prevention of pollution by ships.

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 there-
fore appropriate to specify the role of the Agency in the
field of maritime security.

(1) OJ C 32, 5.2.2004, p. 21.
(2) Opinion of the European Parliament of 12 February 2004. Decision

of the Council of 25 March 2004.

(3) OJ L 208, 5.8.2002, p. 1. Regulation as amended by Regulation

(EC) No 1644/2003 (OJ L 245, 29.9.2003, p. 10).

(6)

(7)

Decision No 2850/2000/EC of the European Parliament
and of the Council of 20 December 2000 (5) set up a
Community framework for cooperation in the field of
accidental or deliberate marine pollution for the period
from 1 January 2000 to 31 December 2006.

Council Decision 2001/792/EC, Euratom of 23 October
2001 (6) established a Community mechanism to facili-
tate reinforced cooperation in civil protection assistance
interventions, including accidental marine pollution. This
mechanism involves a Commission monitoring and
information centre deployed in all cases of civil protec-
tion assistance interventions.

(4) See page 6 of this Official Journal.
(5) OJ L 332, 28.12.2000, p. 1.
(6) OJ L 297, 15.11.2001, p. 7.

(8)

(9)

(10)

(11)

(12)

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to have

responsibility

The Agency should be provided with the appropriate
means to support on request
the pollution response
mechanisms of the Member States. The activities of the
Agency in this field should not relieve coastal States of
their
appropriate pollution
in place and should respect
response mechanisms
existing cooperation arrangements between Member
States or groups of Member States in this field. In the
event of a pollution incident, the Agency should assist
the affected Member State under the authority of which
the cleaning up operations will be conducted. The
Agency should act
the Community
mechanism in the field of civil protection.

in support of

experience and expertise in the new fields of competence
of
the response to pollution caused by
ships, and maritime security.

the Agency:

(13)

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

(14)

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

therefore, be

Directive 2003/103/EC of the European Parliament and
of the Council of 17 November 2003 amending Direc-
tive 2001/25/EC on the minimum level of training of
seafarers (1) introduces new procedures with regard to
the recognition of certificates of competency of seafarers
issued by third countries. The Agency should assist the
Commission in the evaluation of
the compliance of
those countries with the requirements of the 1978 Inter-
national Convention on Standards of Training, Certifica-
tion and Watchkeeping (STCW Convention).

HAVE ADOPTED THIS REGULATION:

Article 1

in agreement with the Commission,

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

the activities of

involve for

Regard should be had to the existing agreements on
accidental pollution, such as the Agreement for coopera-
tion in dealing with pollution of the North Sea by oil
and other harmful substances, 1983 (Bonn Cooperation
Agreement), which facilitate mutual assistance and coop-
eration between Member States in this field, as well as to
the relevant international conventions and agreements
for the protection of European maritime areas from
pollution incidents, such as the International Convention
on Oil Pollution Preparedness, Response and Coopera-
tion, 1990 (OPRC Convention) developed under the
auspices of the IMO, the Convention for the Protection
of the Marine Environment of the North-East Atlantic of
22 September 1992 (OSPAR Convention), the Barcelona
the Helsinki Convention and the Lisbon
Convention,
Agreement.

For future appointments in the administrative structure
of
Executive
(Administrative
Director), due account should be taken of the required

the Agency

Board,

(1) OJ L 326, 13.12.2003, p. 28.

Regulation (EC) No 1406/2002 is hereby amended as follows:

1. Article 1 shall be amended as follows:

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

This Regulation establishes a European Maritime
‘1.
Safety Agency (“the Agency”)
the purpose of
ensuring a high, uniform and effective level of maritime
safety, maritime security within the limits of the tasks
defined in Article 2(b)(iv), prevention of pollution and
response to pollution by ships within the Community.

for

The Agency shall provide the Member States and
2.
the Commission with the technical and scientific assis-
tance needed and with a high level of expertise, in order
to help them to apply the Community legislation prop-
erly in the field of maritime safety, maritime security
within the limits of the tasks defined in Article 2(b)(iv),
prevention of pollution caused by ships, to monitor its
implementation and to evaluate the effectiveness of the
measures in place.’

(b) the following paragraph shall be 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 support on request with additional means in a cost-
efficient way the pollution response mechanisms of
Member States, without prejudice to the responsibility
of coastal States to have appropriate pollution response
mechanisms in place and respecting existing coopera-
tion between Member States in this field. It shall act in
support of the Community framework for cooperation
in the field of accidental or deliberate marine pollution
established by Decision No 2850/2000/EC of the Euro-
pean Parliament and of the Council of 20 December

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2000 setting up a Community framework for coopera-
tion in the field of accidental or deliberate marine pollu-
tion (*) and of the Community mechanism in the field
of civil protection assistance interventions established by
Council Decision 2001/792/EC, Euratom of 23 October
2001 establishing a Community mechanism to facilitate
reinforced cooperation in civil protection assistance
interventions (**).

(*) OJ L 332, 28.12.2000, p. 1.
(**) OJ L 297, 15.11.2001, p. 7.’

2. Article 2 shall be replaced by the following:

requirements of the 1978 International Convention
on Standards of Training, Certification and Watch-
keeping, and of the measures taken to prevent fraud
involving certificates of competency.

(iv) provide the Commission with technical assistance
in the performance of the inspection tasks assigned
to it pursuant to Article 9(4) of Regulation (EC) No
725/2004 of the European Parliament and of the
Council of 31 March 2004 on enhancing ship and
port
the
facility security (*). This assistance of
Agency to the Commission will be restricted to ship
and relevant companies and Recognised Security
Organisations
certain
security-related activities in this context.

authorised to undertake

‘Article 2

(c) It shall work with the Member States to:

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 Com-
munity 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.

(b) It shall assist the Commission in the effective implemen-
tation of Community legislation on maritime safety and
maritime security, prevention of pollution and response
to pollution caused by ships throughout
the Com-
munity. In particular, the Agency shall:

(i) monitor the overall functioning of the Community
port State control regime, which may include visits
to the Member States, and suggest to the Commis-
sion any possible improvements in that field;

(ii) provide the Commission with the technical assis-
tance necessary to take part in the work of the tech-
nical bodies of the Paris Memorandum of Under-
standing on Port State Control;

(i) organise, where appropriate, relevant training activ-
ities in fields which are the responsibility of the
port State and flag State;

(ii) develop technical solutions and provide technical
assistance related to the implementation of Com-
munity legislation;

(iii) support with additional means in a cost efficient
way, via the Community mechanism in the field of
civil protection established by Decision 2001/792/
EC, Euratom, their pollution response actions in
case of accidental or deliberate pollution caused by
ships, when such a request has been presented. In
the Agency shall assist the affected
this respect,
Member State under which the cleaning operations
are conducted;

(d) it shall facilitate cooperation between the Member States
and the Commission in the fields covered by Directive
2002/59/EC. In particular, the Agency shall:

(i) promote cooperation between riparian States in the
shipping areas concerned in the fields covered by
that Directive;

(ii) develop and operate any information system neces-
sary for attaining the objectives of the Directive;

(iii) assist the Commission in the performance of any
task assigned to it by existing and future Com-
munity legislation on maritime safety, ship pollu-
tion prevention and ship pollution response,
notably legislation applicable to classification socie-
ties, the safety of passenger ships, as well as that
applicable to the safety, training, certification and
watchkeeping of ships' crews, including the verifica-
third countries with the
tion of compliance of

(e) it shall facilitate cooperation 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;

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(f) 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 eval-
uate 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 Com-
munity ports pursuant to Council Directive 95/21/EC of
19 June 1995 concerning the enforcement, in respect of
shipping using Community ports and sailing in the
waters under the jurisdiction of the Member States, of
international standards for ship safety, pollution preven-
tion and shipboard living and working conditions (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.

(g) 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 Com-
munity mechanism in the field of civil protection estab-
lished by Decision 2001/792/EC Euratom. These tasks
shall be coordinated with the existing regional coopera-
tion programs and shall include, where appropriate, the
organisation of relevant training activities.

(*) OJ L 129, 29.4.2004, p. 6.
(**) OJ L 157, 7.7.1995, p. 1. Directive as last amended by
Directive 2002/84/EC of the European Parliament and
of the Council (OJ L 324, 29.11.2002, p. 53).’

3. Article 10(2) shall be amended as follows:

(a) Point (d) shall be replaced by the following:

to the Member States,

‘(d) adopt, by 30 November each year, and taking the
opinion of the Commission into account, the work
programme of the Agency for the coming year and
forward it
the European
Parliament, the Council and the Commission; this
work programme shall be adopted without preju-
dice to the annual Community budgetary procedure.
In the event that the Commission expresses, within
15 days from the date of adoption of the work
said
programme,
programme,
re-
examine the programme and adopt
it, possibly
amended, within a period of two months, in second
reading either with a two-thirds majority, including
the Commission representatives, or by unanimity of
the representatives of the Member States;’

disagreement with
its
the Administrative Board shall

the

(b) the following point shall be added:

‘(k) adopt, following the procedures set out in (d), a
detailed plan for the Agency's pollution prepared-
ness and 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 shall

be 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. Article 15, paragraph 2, point (a) shall be replaced by the

following:

‘(a) he/she shall prepare the work programme and the
detailed plan for the Agency's pollution preparedness
and response activities, and submit them to the Admin-
istrative Board after consultation of the Commission.
He/she shall take the necessary steps for their imple-
mentation. He/she shall respond to any requests for
assistance from the Commission or from a Member
State in accordance with Article 10(2)(c). For informa-
tion purposes, he/she shall transmit the plan to the
Committee established by Article 4 of Decision No
2850/2000/EC as well as to the Committee referred to
in Article 9 of Decision 2001/792/EC, Euratom;’

6. In Article 16, the first subparagraph of paragraph 1 shall be

replaced by the following:

The Executive Director of

the Agency shall be
‘1.
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.’

7.

in Article 17, paragraph 1 shall be replaced by the
following:

The Agency shall be open to the participation of third
‘1.
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.’

8. Article 22, paragraph 2 is

shall be replaced by the

following:

‘2.
The evaluation shall assess the impact of this Regu-
lation, the Agency and its working practices. The Adminis-
trative Board shall issue specific terms of reference in agree-
ment with the Commission, following consultations with
the parties involved.’

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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 Strasbourg, 31 March 2004.

For the European Parliament

The President

P. COX

For the Council

The President

D. ROCHE