Proposal for a Regulation of the European Parliament and of the Council on a multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002
Date: 2005-05-25
Institutions: European Commission
Subjects: EU office or agency, accident prevention, budget, financing, maritime safety, operation of the Institutions, pollution from ships

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.06.2005 
COM(2005) 210 final/2 

2005/0098 (COD) 

CORRIGENDUM : Ajout d’un tableau à la fin de l’exposé des motifs; concerne les 20 
versions linguistiques. 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on a multiannual funding for the action of the European Maritime Safety Agency in the 
field of response to pollution caused by ships and amending Regulation (EC) No 
1406/2002 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

GROUNDS FOR AND OBJECTIVE OF THE PROPOSAL 

The European Maritime Safety Agency ("the Agency")1 was assigned new tasks in the field of 
oil pollution response by means of Regulation (EC) N° 724/2004 of the European Parliament 
and of the Council of 31 March 2004 amending Regulation (EC) N° 1406/2002 establishing a 
European  Maritime  Safety  Agency.  Bearing  in  mind  the  long-term  nature  of  the  Agency’s 
responsibility  for  oil  pollution  response,  the  efficient  and  thorough  completion  of  the  tasks 
involved  is  conditional  on  appropriate  financial  security  on  the  basis  of  a  multiannual 
commitment. 

This  legislative  proposal  therefore  establishes  the  procedures  for  and  defines  a  financial 
contribution of the Community for the funding of the new tasks of the Agency, on the basis of 
a multiannual commitment to be spread over a period of seven years. 

This proposal is included in the Work Programme of the Commission for 2005. 

2. 

GENERAL CONTEXT AND JUSTIFICATION FOR THE PROPOSED MEASURE 

The  large-scale  maritime  accident  of  the  oil  tanker  ERIKA  in  December  1999  involving  an 
extensive oil spill led to the creation of the Agency in 2002, whose role was to provide the 
Member States and the Commission with scientific and technical assistance for the purpose of 
ensuring a high, uniform and effective level of maritime safety and prevention of pollution by 
ships. The more recent oil spill caused by the accident of the oil tanker PRESTIGE proved to 
be  a  watershed  event  in  developing  specific  measures  for  responding  to  ship-sourced 
pollution.  These  two  maritime  accidents  illustrated,  in  fact,  that  there  was  insufficient 
appropriate  response  capacity  available  at  the  level  of  the  individual  Member  States  for  a 
prompt  and  effective  response  to  major  spills  and  that  additional  means  would  need  to  be 
made available. 

Against  this  background,  Regulation  (EC)  N°  724/2004  entrusted  the  Agency  with  specific 
obligations  in  the  field  of  the  response  to  pollution  caused  by  ships  within  the  Community. 
Under the terms of that Regulation, the Agency is required to provide the Member States and 
the Commission with technical and scientific assistance in the field of accidental or deliberate 
pollution caused by ships and, in particular, to support, on request, in a cost-efficient way, the 
pollution  response  mechanisms  of  the  Member  States.  In  order  to  provide  an  overall 
framework for its action in the field of prevention and response to oil pollution, the Agency 
adopted  an  Action  Plan  in  October  2004  for  oil  pollution  preparedness  and  response  (“the 
Action Plan”)2, as provided for in the Regulation. 

The  Action  Plan  identifies  the  activities  that  the  Agency  intends  to  embark  on  within  the 
context  of  the  underlying  Regulation,  both  in  terms  of  response  to  an  oil  spill,  by  way  of 
specialised  anti-pollution  vessels,  and  in  terms  of  preparedness  as  a  means  of  mounting 

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Established  by  Regulation  (EC)  N°  1406/2002  of  the  European  Parliament  and  of  the  Council  of  27 
June 2002, JO L 208, 5.8.2002, p.1.; Regulation as last amended by Regulation (EC) No 724/2004, OJ 
L 129,.29.4.2004, p.1. 
The Action Plan was adopted by the Agency’s Administrative Board at its 9th meeting held in Lisbon on 
21 and 22 October 2004 (internet link: http://www.emsa.eu.int). 

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effective  response  operations.  It  is  aimed,  in  particular,  at  ensuring  the  optimum  use  of  the 
financial resources available to the Agency. 

1. 

The anti-pollution activities of the Agency 

The anti-pollution action of the Agency covers, in particular, the following three areas: 

(a) 

Information 

With  a  view  to  evaluating  and  improving  the  effectiveness  of  anti-pollution  measures,  the 
Agency intends to collect, analyse and disseminate information and best practices, techniques 
and innovation in the field of oil pollution response. This information will eventually be built 
up in the framework of a “centre of knowledge” intended for a pro-active pollution response 
and preparedness. 

(b) 

Co-operation and co-ordination 

The Agency will provide the relevant services of the Commission on request with technical 
and scientific assistance for dissemination of best practices and exchange of observers from 
the various regional agreements3. 

(c) 

Operational assistance 

The Agency may be requested by Member States, having to cope with a large oil spill, which 
goes beyond national capabilities and pollution response capacities, to supplement their anti-
pollution mechanisms by adding at-sea oil recovery capacity. It may also participate in joint 
oil pollution response activities under the regional agreements and multinational exercises. 

These additional means are to be provided by the Agency through the Community mechanism 
to facilitate reinforced cooperation in civil protection assistance interventions established by 
Council Decision 2001/792/EC, Euratom of 23 October 20014. The operations involved and 
means offered would fall under the responsibility of the requesting Member State. 

Four regions have been determined as the primary areas of operational assistance, that is the 
Baltic  Sea,  the  Western  approaches  to  the  English  Channel,  the  Atlantic  coast  and  the 
Mediterranean (particularly the area along the tanker trade route from the Black Sea), where 
the  Agency  will  eventually  station  pollution  response  vessels,  while  any  other  area  in  need 
can likewise be assisted. 

To provide the appropriate oil spill vessels at a competitive rate, the Agency opted for long-
term  chartering  by  concluding  stand-by  contracts  with  commercial  ship  operators  having 
vessels of sufficient capacity that can be adapted for oil pollution response purposes, which 
would  cover  each  of  the  priority  regions  for  a  minimum  period  of  three  years  (stand-by 
vessels). Following a request for assistance from a Member State, such vessels would have to 
interrupt  their  customary  commercial  activities  in  order  to  deploy  to  the  area  in  need.  The 
three-year period is deemed necessary in order to cover the financial investments particularly 
in  appropriate  on-board  equipment  and  thus  represents  the  most  cost-efficient  solution.  The 

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Bilateral  and  regional  agreements,  such  as  the  Helsinki  and  Barcelona  Convention  of  1974  and  1976 
respectively,  concluded  between  coastal  States  to  render  mutual  assistance  in  case  of  a  maritime 
pollution incident. 
OJ L 297, 15.11.2001, p.7. 

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International  Tanker  Owners  Pollution  Federation  also  supported  this  particular  option  in  a 
study  commissioned  by  the  Directorate-General  for  Energy  and  Transport  concerning  oil 
pollution response capacities5. 

2. 

The means for financing the anti-pollution activities 

Availability of financial resources will determine the nature and extent of the implementation 
of the Agency’s anti-pollution activities. An amount of Є 17.8 million has been allocated by 
the Budgetary Authority for 2005. The budgetary appropriation for 2006 will have to include 
provisions  for  an  additional  amount  of  Є  9  million  (on  top  of  the  Є  20  million  already 
earmarked for anti-pollution activities in the APS for 2006), of which Є 6 million to cover a 
four-year  stand-by  contract  for  a  vessel  intended  for  accidents  involving  hazardous  and 
noxious substances (HNS- see below under section 3, paragraph a) plus a further Є 3 million 
for the establishment of a Satellite Imagery Service Centre. This appropriation will be decided 
in accordance with the current budgetary procedure.  

Given  the  long-lasting  damage  that  may  be  caused  by  large  oil  spills,  it  is  of  the  utmost 
importance to further enhance oil pollution response capabilities in Europe by mitigating and 
combating oil pollution in a swift, effective and comprehensive manner. In order to mount an 
operative oil pollution response, the Agency would need, before long, to build on the current 
anti-pollution activities illustrated in the Action Plan and be provided with additional means 
to maximise and improve the overall at-sea oil recovery performance in European waters: 

According  to  recent  estimations,  the  response  capacity  should  be  further  strengthened  in 
certain  regions,  where  long  distances  may  prevent  prompt  intervention,  by  additional  oil 
recovery vessels and equipment. However, mechanical at-sea recovery is not the only way for 
furthering response capabilities. Improvement of aerial surveillance means and equipment as 
an  aid  to  detecting  and  combating  pollution  and  preventing  the  violation  of  antipollution 
regulations  is  another  area  for  development.  Besides,  satellite  imagery  can  be  used  to 
complement surveillance and monitoring activities currently undertaken by aircraft. It is thus 
worthwhile  that  the  Agency  explores  the  possibilities  for  providing  satellite  imagery  to  the 
Member States and the Commission by setting up a Satellite Imagery Service Centre, to help 
in detecting, monitoring and managing illegal discharges and accidental oil spills. Last but not 
least, response to incidents involving hazardous and noxious substances would need to be 
developed  on  the  basis  of  an  evaluation  of  seaborne  trade  in  these  substances  and  an 
assessment of the inherent risks of such cargoes. 

Moreover,  considering  the  enduring  nature  of  the  Agency’s  responsibility  for  oil  pollution 
response,  it  is  necessary  to  embark  on  long-term  investments  to  provide  adequate  financial 
means  for  pollution  response  and  allow  for  sufficient  financial  security,  which  would  scale 
down expenditure in the negotiation of longer-term contracts.  

The European Parliament concurred with this approach. In its Resolution of 21 April 2004 on 
improving safety at sea, the Parliament welcomed the fact that the Agency had been assigned 
an  operational  remit  in  the  field  of  anti-pollution  and  stressed  the  importance  of  making 
available the funding needed to carry out this remit. 

Hence, in order to ensure at European level the viability of an efficient and sustainable effort 
against oil pollution, it is necessary to provide for appropriate financial security for funding 

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Study on response to pollution by ships, April 2004. 

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the anti-pollution tasks of the Agency and ensure cost-effectiveness by way of a multiannual 
programme for expenditure relating to such tasks. 

The Commission, therefore, believes that it is necessary to provide for a multiannual financial 
envelope to be imputed on the Community budget during the period from 1 January 2007 to 
31  December  2013,  to  match  the  new  financial  perspective.  It  thus  proposes  earmarking  an 
amount of Є 154 million for the reference period (see annex). The annual amounts should be 
authorised by the Budgetary Authority in accordance with the budgetary procedure. 

3. 

Multiannual financing for anti-pollution activities. 

This amount is expected to cover the three areas of activity of the Agency, mentioned above 
under point 1. The indicative amounts for each area are based on the following estimates: 

(a)  Operational assistance 

Stand-by vessels  

The Agency would need the period from 2005 to 2007 to build up its minimum capability to 
offer  operational  assistance  ‘with  additional  means’  to  the  Member  States,  as  required  by 
Regulation  (EC)  N°  724/2004.  The  emphasis  in  this  area  will  be  on  setting  up  a  system  of 
stand-by  oil  recovery  vessels,  as  well  as  a  Satellite  Imagery  Service  Centre,  as  previously 
mentioned. To improve the overall response chain, the Agency will also have to address other 
difficult issues, such as the discharging of recovered oil and aerial surveillance. 

Figures  used  for  estimating  the  budget  of  the  multiannual  programme  for  oil  pollution 
response  are  based  on  the  activities  deployed  in  2005  and  2006.  Although  the  multiannual 
programme is due to begin as of 2007, the activities for 2005 and 2006 are directly relevant 
because contracts will still be valid and will need to be renewed during the period covered by 
the multiannual programme. 

Contracting of stand-by oil recovery vessels will be carried out for the first time in 2005 via a 
Restricted Call following a Call for Expressions of Interest6. The Agency intends to conclude 
contracts by the end of 2005, thus committing the amounts indicated in the Action Plan. By 
the  end  of  2005,  the  actual  amounts  required  will  be  known  and  this  might  lead  to  an 
adjustment  of  the  figures  in  the  Action  Plan.  Since  these  contracts  will  be  valid  for  three 
years, contracts will have to be renegotiated after that period. 

As regards 2006, a second phase for stand-by contracts will be developed. The amounts used 
for signing three-year contracts and for renewing contracts after three years are similar to the 
figures for 2005. To complete the coverage, in 2007 the Agency would have to negotiate an 
arrangement for the Black Sea as well, once Romania and Bulgaria become full members of 
the European Union. 

Substantial investments will again be needed in 2008 (at the end of the term of the contracts, 
and every three years thereafter), owing to a combination of the following reasons:  

•  Signing of new contracts to establish follow-up coverage of the same area that might lead 
to a new vessel (new contracting party), which may need another system of pre-fitting and 
equipment  that  is  suited  to  its  type  (for  example  length  of  sweeping  arms  will  vary 
according to the length of the ship), 

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The associated Pre Information Notice was published in the OJ N°2005/S16 – 014442 on 22.1.2005. 

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•  Equipment  can  be  outdated  and  may  have  to  be  replaced  by  up-to-date  (innovative) 

equipment,  

•  Equipment  may  be  damaged  during  exercises  or  oil  spill  clean-up  operations  and/or 
rendered  suboptimal  following  deployment  in  an  oil  spill  clean-up  operation  (pumps  for 
example). 

Besides  the  expenditure  for  equipment,  part  of  the  amounts  is  needed  to  cover  recurring 
annual expenses, including participation in multinational exercises, training of crew, as well 
as  availability  of  the  vessel  (remaining  in  the  designated  area  of  operation,  covering  the 
interruption or loss of commercial contracts in case of an oil spill operation). 

Stand-by vessels for accidents involving HNS  

The  Action  Plan  indicates  that  whilst  initial  steps  will  address  the  provision  of  additional 
capacity for large-scale oil spills, those involving HNS will be dealt with at a later date. It is 
important to  note  that  oil and spilt oil have  a generic behaviour  in  the marine environment, 
which means that response options can be tightly defined. On the other hand, the wide range 
of substances that could be involved in “chemical” spills and their associated behaviour in the 
marine environment result in the need for additional response capacity of a different nature. 

Consequently, the procurement process for HNS response vessels is scheduled for 2006. The 
amounts indicated in the Annex will be for the upgrading of existing vessels under contract at 
the  time  or,  where  required,  for  the  contracting  on  a  stand-by  basis  of  appropriate  specific 
vessels  for  a  three-year  period.  However,  as  regards  2006,  a  stand-by  HNS  vessel  is  being 
provided under the current budgetary procedure for a four-year period. Part of these amounts 
is needed to cover at least the ‘first-level transformation’, which addresses crew rescue, fire 
fighting and leakage stopping. 

In order to maintain this provision of additional response capacity for “chemical” spills, the 
contracts will have to be renewed in 2010 and then again in 2013. 

Satellite Imagery 

An additional large-scale activity for 2006 will be the setting-up of an Oil Pollution Response 
Satellite  Imagery  Service  Centre,  as  also  called  for  by  Directive […]  of  the  European 
Parliament and of the Council on ship-source pollution and on the introduction of sanctions 
for  infringements7.  As  mentioned  before,  satellite  imagery  should  support  activities  of  the 
Member States and the Commission in reacting to illegal discharges and accidental oil spills. 

The Agency will have to set up an appropriate infrastructure for this purpose and will have to 
purchase  analysed  satellite  imagery.  An  initial  indication  of  costs  shows  that  1.000  pictures 
for  the  whole  of  the  Community  waters  on  an  annual  basis  will  require  €1  million.  If  this 
service were to be used on a regular basis by the Member States, that amount would not be 
sufficient. After the first three-year contract has expired (in 2009), the Agency might wish to 
negotiate larger numbers of images, taking advantage of positive developments in the satellite 
industry. 

The European Commission and the Member States should be able to use this centre directly 
for all kinds of requests for near real-time data in this field. Through a centralised approach at 
the European level, improvements in efficiency and direct availability of satellite data can be 
made, as well as significant cost-savings (economies of scale).  

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Draft Directive in the process of adoption by the European Parliament and the Council. 

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(b)  Other Activities  

Information, co-operation and co-ordination 

This covers all the supporting activities mentioned in the Action Plan concerning the areas of 
information, co-ordination and co-operation that are intended to implement the obligation of 
the  Agency  to  provide  technical  and  scientific  assistance  to  the  Member  States  and  the 
Commission in the field of oil pollution response. 

In  2005  and  2006,  activities  will  include  in  particular:  (i)  Setting-up  of  arrangements  with 
regional agreements, (ii) Dissemination of best practices via workshops and conferences, (iii) 
Studies in the field of innovation of oil pollution response equipment and dedicated response 
techniques  concerning  HNS  spills,  and  (iv)  Improving  contingency  planning  by  Member 
States and the response chain. 

As of 2008 more emphasis will be put on the development of ‘other activities’ in support of 
anti-pollution performance. Activities such as innovation will need to be fully on-stream and 
specific  studies  will  need  to  be  launched.  To  improve  the  response  chain,  the  Agency  will 
have  to  address  difficult  issues  such  as  the  discharging  of  recovered  oil  and  aerial 
surveillance. Hence, additional budgetary resources will be necessary in order to finance these 
activities. 

4. 

Conclusion 

The  implementation  of  the  tasks  of  the  Agency  in  the  field  of  response  to  oil  pollution  has 
been  initiated  in  2005  in  line  with  the  Action  plan  and  will  be  taken  forward  during  the 
following years. Because of ongoing commitments, it will be difficult to embark on additional 
types  of  activity  in  the  years  to  come  without  appropriate  budgetary  flexibility.  Hence,  the 
development and extension of anti-pollution activities will require long-term investments and 
adequate  financial  security.  Consequently,  a  Community  Regulation  is  needed  in  order  to 
provide  for  an  adequate  Community  contribution  to  the  Agency’s  budget  for  a  seven-year 
period from 2007 to 2013. 

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B u d g e t lin e : 6 0 2 0 2 0 3

A N T IP O L L U T IO N  M E A S U R E S -M U L T IA N N U A L  F IN A N C IN G  2 0 0 7 -2 0 1 3 ,IN D IC A T IV E  A M O U N T S ,T O T A L  B U D G E T   1 5 4  m io  E u r o

S ta n d -b y  v e s s e ls :
B a ltic  S e a

2 0 0 5
1  v e s s e l ( 2 0 0 8 )
4 .5 0 0 .0 0 0

2 0 0 6

2 0 0 7

2 0 0 8
c o n tr a c t r e n e w a l ( 2 0 1 1 )
4 .5 0 0 .0 0 0

2 0 0 9

2 0 1 0

S ta n d -b y  v e s s e ls :
M e d ite r ra n e a n  S e a

1  v e s s e l ( 2 0 0 8 )
4 .5 0 0 .0 0 0

S ta n d -b y  v e s s e ls :
A tla n tic  C o a s t
( tw o  a r e a s )

2  v e s s e ls  (2 0 0 8 )
8 .5 0 0 .0 0 0

S ta n d -b y  v e s s e ls : 
B la c k  S e a /B o s p o r u s

S a te llite  S e r v ic e  C e n te r

O th e r a c tiv itie s :

3 0 0 .0 0 0

1  v e s s e l ( 2 0 0 9 )
4 .5 0 0 . 0 0 0

2  v e s s e ls  (2 0 0 9 )
7 .0 0 0 . 0 0 0

H N S  U p g ra d e   (2 0 1 0 )
5 .0 0 0 .0 0 0

H N S  U p g ra d e   (2 0 1 0 )
5 .0 0 0 .0 0 0

c o n tr a c t r e n e w a l ( 2 0 1 1 )
4 .5 0 0 .0 0 0

c o n tr a c t r e n e w a l ( 2 0 1 1 )
8 .5 0 0 .0 0 0

1  v e s s e l ( 2 0 0 9 )
6 .0 0 0 . 0 0 0

H N S  U p g r a d e  ( 2 0 1 0 ) H N S  U p g ra d e   (2 0 1 0 )

6 .0 0 0 . 0 0 0

4 .5 0 0 .0 0 0
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4 .5 0 0 .0 0 0

p u rc h a s e  d a ta  (2 0 0 9 )
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1 .0 0 0 . 0 0 0

1 .0 0 0 .0 0 0

1 .5 0 0 .0 0 0

c o n tra c t r e n e w a l (2 0 1 2 )
4 .5 0 0 .0 0 0

c o n tra c t r e n e w a l (2 0 1 2 )
7 .0 0 0 .0 0 0

c o n tra c t r e n e w a l (2 0 1 2 )
6 .0 0 0 .0 0 0

c o n tra c t r e n e w a l (2 0 1 2 )
p u r c h a s e  d a ta
3 .5 0 0 .0 0 0
1 .5 0 0 .0 0 0

H N S  c o n tra c t re n e w a l (2 0 1 3 )
5 .0 0 0 .0 0 0

2 0 1 1
c o n tr a c t  re n e w a l ( 2 0 1 4 )
4 .5 0 0 .0 0 0

c o n tr a c t  re n e w a l ( 2 0 1 4 )
4 .5 0 0 .0 0 0

2 0 1 2

2 0 1 3

c o n tr a c t r e n e w a l ( 2 0 1 5 )
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c o n tr a c t r e n e w a l ( 2 0 1 5 )
7 . 0 0 0 .0 0 0

c o n tra c t re n e w a l (2 0 1 6 )
5 .0 0 0 .0 0 0

H N S  c o n tra c t re n e w a l (2 0 1 3 )
5 .0 0 0 .0 0 0

H N S  c o n tra c t re n e w a l (2 0 1 6 )
5 .0 0 0 .0 0 0

c o n tr a c t  re n e w a l ( 2 0 1 4 )
8 .5 0 0 .0 0 0

c o n tr a c t r e n e w a l ( 2 0 1 5 )
6 . 0 0 0 .0 0 0

H N S  c o n tra c t re n e w a l (2 0 1 3 )
9 .0 0 0 .0 0 0
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4 .5 0 0 .0 0 0

H N S  c o n tra c t re n e w a l (2 0 1 6 )
9 .0 0 0 .0 0 0
c o n tr a c t r e n e w a l 2 0 1 6
4 .5 0 0 .0 0 0

1 .5 0 0 .0 0 0

1 .5 0 0 .0 0 0

c o n tr a c t r e n e w a l ( 2 0 1 5 )
p u r c h a s a  d a ta
3 . 5 0 0 .0 0 0
2 . 0 0 0 .0 0 0

2 .0 0 0 .0 0 0

A n n u a l b u d g e t:

1 7 .8 0 0 .0 0 0

2 9 .0 0 0 .0 0 0

2 0 . 0 0 0 .0 0 0

1 9 .0 0 0 .0 0 0

2 2 .5 0 0 .0 0 0

2 5 .0 0 0 .0 0 0

1 9 .0 0 0 .0 0 0

2 3 .0 0 0 .0 0 0

2 5 . 5 0 0 .0 0 0

T h e  a m o u n ts  a r e  in d ic a tiv e  a n d  d o  n o t in c lu d e  c o rr e c tio n  fo r  in fla tio n . U p g r a d in g  o f e q u ip m e n t fo r o il re c o v e r y v e s s e ls  is  in c lu d e d  u n d e r  th e  c o n d itio n   th a t e x is tin g  c o n tra c ts  c a n  b e  r e n e w e d . D u ra t io n  o f th e  u s e  o f  e q u ip m e n t b e fo r e  it h a s  to  b e  r e p la c e d , w ill 
d e p e n d  o n  a c tu a l u s e  d u r in g  e x e r c is e s  a n d  r e a l o il s p ills . T h e  a m o u n ts  re la te d  to   v e s s e ls  o n ly c o v e r  s ta n d -b y  c o n tr a c ts , a m o u n ts  a re  to o  lo w   to  c o v e r  p u rc h a s e   o r d e v e lo p m e n t o f  d e d ic a te d  o il r e c o v e ry  v e s s e ls . 
A m o u n ts  fo r th e  p u rc h a s e  o f s a te llite  im a g e ry d a ta  h a v e  b e e n   k e p t a t th e   s a m e  le v e l th r o u g h o u t th e  w h o le  p e r io d  u n d e r  th e  a s s u m p tio n  th a t a  r e n e w a l o f  c o n tra c t w ill a llo w  E M S A  to  im p r o v e  its  s e r v ic e s  in  th is  fie ld , b e c a u s e   d a ta  a r e  b e in g  p r o v id e d  b y n e w  
s a te llite s  a n d  th e  n u m b e r o f  d a ta  c a n  b e  in c re a s e d  to  c o v e r g r o w in g  d e m a n d s .

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2005/0098 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on a multiannual funding for the action of the European Maritime Safety Agency in the 
field of response to pollution caused by ships and amending Regulation (EC) No 
1406/2002 

(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 Commission8, 

Having regard to the opinion of the European Economic and Social Committee9, 

Having regard to the opinion of the Committee of the Regions10, 

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

Whereas: 

(1) 

(2) 

(3) 

8 
9 
10 
11 

Regulation  (EC)  No  1406/200211  establishes  a  European  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. 

Regulation  (EC)  No  724/2004  of  the  European  Parliament  and  of  the  Council  of  31 
March  2004  amending  Regulation  (EC)  No  1406/2002  assigns  to  the  Agency  new 
tasks in the field of prevention of pollution and response to pollution caused by ships, 
in  response  to  recent  accidents  in  Community  waters,  particularly  those  of  the  oil 
tankers “Erika” and “Prestige”. 

For  the  purposes  of  implementing  the  new  tasks  of  prevention  of  pollution  and 
response to pollution, the Administrative Board of the Agency adopted on 22 October 
2004  an  Action  Plan  for  Oil  pollution  preparedness  and  response,  which  determines 
the  Agency’s  oil  pollution  response  activities  and  is  aimed  at  optimum  use  of  the 
financial resources available to the Agency (“the Action Plan”). 

OJ C [], [], p. [] 
OJ C [], [], p. [] 
OJ C [], [], p. [] 
OJ  L  208,  5.8.2002,  p.1.  Regulation  as  last  amended  by  Regulation  (EC)  No  724/2004,  OJ  L  129, 
29.4.2004, p.1) 

EN 

9 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

Pollution  response  action  of  the  Agency,  as  defined  in  the  Action  Plan,  relates  to 
activities  in  the  fields  of  information,  co-operation  and  co-ordination  and  above  all 
operational  assistance  to  the  Member  States  by  providing  additional  anti-pollution 
vessels. 

The additional means to be provided by the Agency to the Member States should be 
made  available  through  the  Community  mechanism  in  the  field  of  civil  protection 
assistance interventions, including accidental marine pollution, established by Council 
Decision 2001/792/EC, Euratom of 23 October 200112. 

In  order  to  ensure  thorough  implementation  of  the  Action  Plan  and  strengthen  the 
prevention  of  and  response  to  oil  pollution  by  expanding  current  anti-pollution 
activities, the Agency should be provided with a viable and cost-effective system for 
financing, in particular, its operational assistance to the Member States. 

It is therefore necessary to provide for appropriate financial security for the funding of 
the  tasks  entrusted  to  the  Agency  in  the  field  of  response  to  pollution  and  other 
associated actions on the basis of a multiannual commitment. The annual amounts of 
the Community contribution should be determined in accordance with the procedures 
in force. 

The amounts to be committed for the funding of response to pollution should cover the 
period 2007 to 2013 in line with the new financial perspective. 

A financial reference amount covering the same period 2007 to 2013 is provided for in 
this Regulation for the implementation of the Action Plan. 

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

(11)  The  Administrative  Board  of  the  Agency  should  thus  review  the  budgetary 
commitments, on the basis of a report produced by the Executive Director, to include 
any  necessary  adjustments  to  the  budget  of  the  Agency.  Regulation  (EC)  No 
1406/2002 should therefore be amended accordingly. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Objective 

This  Regulation  lays  down  the  detailed  arrangements  for  the  financial  contribution  of  the 
Community to the budget of the European Maritime Safety Agency for the implementation of 

12 

OJ L 297, 15.11.2001, p. 7. 

EN 

10 

   EN 

 
                                                 
the  tasks  assigned  to  it  in  the  field  of  response  to  pollution  caused  by  ships  and  other 
associated actions, pursuant to Article 2 of Regulation (EC) No 1406/2002. 

Article 2 

Definitions 

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

(a) 

(b) 

“the  Agency”  means  the  European  Maritime  Safety  Agency,  established  by 
Regulation (EC) N° 1406/2002. 

“Regional  agreements”  means  the  bilateral  and  regional  agreements,  such  as 
the  Helsinki  and  Barcelona  Conventions  of  1974  and  1976  respectively, 
concluded between coastal States to render mutual assistance in the event of a 
maritime pollution incident. 

Article 3 

Scope 

The financial contribution of the Community referred to in Article 1 shall be allocated to the 
Agency with the aim of financing actions related in particular to: 

(a) 

(b) 

(c) 

information  by  assembling,  analysing  and  disseminating  best  practices, 
techniques and innovation in the field of oil pollution response, 

co-operation  and  co-ordination  by  providing  the  relevant  services  of  the 
Commission  with  technical  and  scientific  assistance  in  the  framework  of  the 
activities of the relevant regional agreements, 

operational assistance by supporting on request with additional means, such as 
stand-by  anti-pollution  ships  and  equipment,  Member  States’  pollution 
response  actions  in  the  event  of  accidental  or  deliberate  pollution  caused  by 
ships.  Assistance  shall  be  targeted  primarily  at  the  Baltic  Sea,  the  Western 
approaches  to  the  English  Channel,  the  Atlantic  coast  and  the  Mediterranean 
Sea, particularly the area along the tanker trade route from the Black Sea, while 
any other area in need shall also be assisted. 

Article 4 

Community funding 

The financial reference amount for the implementation of the tasks referred to in Article 3 for 
the period from 1 January 2007 to 31 December 2013 shall be euros 154 million. 

Annual appropriations shall be authorised by the budgetary authority within the limits of the 
financial perspectives. 

EN 

11 

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Article 5 

Protection of Community financial interests 

1. 

2. 

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

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

Article 6 

Amendments to Regulation (EC) No 1406/2002 

Regulation (EC) No 1406/2002 shall be amended as follows: 

(a)  The following point is added in Article 10 (2): 

“(l) review the financial execution of the detailed plan, as referred to in (k) and the budgetary 
commitments provided for in Regulation […]13 before the beginning of the financial year on 
the basis of the report provided for in Article 15 (2) (g).” 

(b)  The following point is added in Article 15 (2): 

“(g)  he/she  shall  submit  a  report  to  the  Commission  and  the  Administrative  Board,  by  31 
January  each  year,  concerning  the  financial  execution  of  the  detailed  plan  for  the  Agency’s 
pollution preparedness and response activities and give an update of the status of all actions 
financed under this plan.” 

Article 7 

Evaluation 

The  Commission  shall  submit  to  the  European  Parliament  and  the  Council,  on  the  basis  of 
information  provided  by  the  Agency,  a  report  on  the  implementation  of  this  Regulation  no 
later  than  four  years  from  its  entry  into  force.  The  report  shall  set  out  the  results  of  the 

13 

Reference to the present Regulation. 

EN 

12 

   EN 

 
                                                 
utilisation of the Community contribution as referred to in Article 4 as regards commitments 
and expenditure covering the period between 1 January 2007 and 31 December 2009. 

Article 8 

Entry into force 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

13 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  a  multiannual 
funding  for  the  action  of  the  European  Maritime  Safety  Agency  in  the  field  of  response  to 
pollution caused by ships and amending Regulation (EC) No 1406/2002. 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

06: Energy and Transport 

Inland, air and maritime transport policy; 

Implementation of the provisions related to pollution prevention and response activities.  

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings: 

06020203: European Maritime Safety Agency- Anti-pollution measures. 

3.2. 

Duration of the action and of the financial impact: 

7 years (from 2007 to 2013).  

3.3. 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

06020203  NCE14 

DA15 

NO 

YES 

NO 

No 1a  

Competitiveness 
for Growth and 
Employment16 

14 
15 
16 

Non-compulsory expenditure. 
Differentiated appropriations. 
This classification stems from the new financial perspectives. 

EN 

14 

   EN 

 
 
 
 
 
 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Section 
no. 

Expenditure type 

Operational expenditure18 

Commitment 
Appropriations (CA) 

8.1 

Payment 
Appropriations (PA) 

a 

b 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

2008 

2009 

2010 

2011 

Total 

n + 5 
2012 
and 
2013
17 

Year 
n 

2007 

20,000 

19,000 

22,500 

25,000 

19,000 

48,500 

154,000 

18,000 

18,000 

23,000 

25,000 

21,500 

48,500 

154,000 

Administrative expenditure within reference amount19 

Technical 
administrative 
assistance (NDA) 

& 

8.2.4 

c 

NA
20 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

a+c 

20,000 

19,000 

22,500 

25,000 

19,000 

48,500 

154,000 

Payment 
Appropriations 

b+c 

18,000 

18,000 

23,000 

25,000 

21,500 

48,500 

154.000 

17 
18 
19 
20 

Until 2013 for commitments appropriations and until 2014 for payments appropriations. 
Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Not applicable. 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Administrative expenditure not included in reference amount21 

man 
and 
resources 
associated  expenditure 
(NDA) 

costs, 
Administrative 
other 
human 
than 
resources  and  associated 
costs,  not 
in 
reference amount (NDA) 

included 

8.2.5 

d 

8.2.6 

e 

NA
22 

NA23 

Total indicative financial cost of intervention  

TOTAL  CA 
cost 
Resources 

of 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

including 
Human 

Co-financing details 

a+c
+d+
e 

b+c
+d+
e 

20,000 

19,000 

22,500 

25,000 

19,000 

48,500 

154,000 

18,000 

18,000 

23,000 

25,000 

21,500 

48,500 

154.000 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please  specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table  below 
(additional  lines  may  be  added  if  different  bodies  are  foreseen  for  the  provision  of  the  co-
financing): 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL CA including co-financing 

Year 
n 

f 

NA24 

NA 

a+c
+d
+e+
f 

4.1.2.  Compatibility with Financial Programming 

(cid:133)Proposal is compatible with existing financial programming. 

⌧Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

(cid:133)Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement25 (i.e. flexibility instrument or revision of the financial perspective). 

21 
22 
23 
24 
25 

Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 
Not applicable. 
Not applicable. 
Not applicable. 
See points 19 and 24 of the Interinstitutional agreement. 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.1.3.  Financial impact on Revenue 

⌧Proposal has no financial implications on revenue 

(cid:133)Proposal has financial impact – the effect on revenue is as follows: 

NB: All details and observations relating to the method of calculating the effect on 
revenue should be shown in a separate annex. 

Budget line 

Revenue 

Prior to
action  
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

[Yea
r n] 

NA 

EUR million (to one decimal place) 

Situation following action 

[n+1] [n+2] [n+3

] 

[n+4]  [n+5]

26

(Please specify each revenue budget line involved, adding the appropriate number 
of rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total 
number 
human resources 

of 

NA27 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are required in the Explanatory Memorandum. 
This section of the Legislative Financial Statement should include the following specific 
complementary information: 

5.1. 

Need to be met in the short or long term 

The need to be met both in short and in a longer term is to provide the European Maritime 
Safety Agency (“the Agency”) with an appropriate financial security for the funding of anti-
pollution  tasks  and  ensure  cost-effectiveness  by  way  of  a  multi-annual  programming  for 
expenditure concerning such tasks. The overall financial envelope to be imputed on an annual 

26 
27 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 
The Human resources are covered under the separate budgetary line 06020201. 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
basis  on  the  Community  budget  (from  2007  to  2013)  is  of  €154  million.  The  areas  of 
activities and the specific needs, as well as the relevant amounts are illustrated in section 3 (a) 
and (b) of the explanatory memorandum and in the annex. 

The  main  beneficiaries  of  the  proposed  intervention  are  the  Member  States,  since  the  anti-
pollution  actions  of  the  Agency  are  primarily  intended  to  supplement  anti-pollution  and 
preparedness mechanisms of the Member States, in particular, by adding at sea oil recovery 
capacity by means of additional specific anti-pollution vessels, in case of large scale oil spills 
that go beyond the national operational capacities and when such intervention is requested by 
the Member States concerned.  

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The severe oil spills provoked by the recent maritime accidents, in which were involved the 
oil tankers ERIKA and PRESTIGE, demonstrated the need for additional pollution response 
capacity,  as  well  as  prevention  and  preparedness  measures  at  Community  level  in  order  to 
prevent  oil  spills,  minimise  their  severe  implications,  while  containing  pollution.  The  anti-
pollution action of the Agency is therefore designed, in particular, to supplement the national 
mechanisms in case of large oil spill that go beyond national capabilities, which cannot ensure 
a  swift  and  efficient  response  to  the  pollution  caused.  The  completion  of  the  related  tasks, 
namely the additional at sea recovery capability by means of stand-by vessels is dependent on 
financial  security  and  the  availability  of  resources  on  a  longer  term  basis,  through  a 
multiannual programming for contribution from the Community budget. 

Considering the long-term nature of the pollution response responsibility of the Agency, the 
inherent expenditure and investments are not feasible through a year on year scheduling of the 
Community  financing.  It  is  therefore  necessary  to  embark  on  long-term  investments  for 
providing  adequate  financial  means  for  pollution  response  at  European  level  and  allow 
sufficient  financial  security  for  the  Agency  that  would  ensure  cost-effectiveness  in  the 
negotiation  for  longer  term  contracts  for  stand-by  vessels  and  thus  the  viability  of  a 
sustainable antipollution endeavour. The involvement of the Community is, thus, vital for the 
mounting of a thorough pollution response.  

Hence, the multiannual forecast of expenditure, for the period from 2007 to 2013 is the only 
way for achieving an effective Community pollution response system. An amount of € 17.8 
million is allocated by the Budgetary Authority for 2005 while an amount of Є 29 million is 
to be allocated in the  2006  Draft  Community budget, subject to a  decision  according to the 
current budgetary procedure. 

As stated in section 1 (c) of the Explanatory Memorandum, the additional at sea oil recovery 
means to be offered by the Agency to the requesting Member States will be provided through 
the  Community  framework  for  cooperation  in  the  field  of  accidental  or  deliberate  marine 
pollution  established  by  Decision  No  2850/2000/EC  of  the  European  Parliament  and  of  the 
Council  of  20  December  200028  and  of  the  Community  mechanism  to  facilitate  reinforced 
cooperation  in  civil  protection  assistance  interventions  established  by  Council  Decision 
2001/792/EC, Euratom of 23 October 200129.  

28 
29 

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

EN 

18 

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5.2.1.  Objectives, expected results and related indicators of the proposal in the context of 

the ABM framework 

The objectives of the proposal will substantially contribute, on the one hand, to the protection 
of  the  environment  and  notably  the  combating  of  pollution  caused  by  oil  spills  and,  on  the 
other  hand,  make  possible  the  effective  implementation  of  the  prerequisites  of  Regulation 
(EC)  N°  724/2004  of  the  European  Parliament  and  of  the  Council  of  31  March  2004 
amending  Regulation  (EC)  N°  1406/2002  establishing  a  European  Maritime  Safety  Agency 
provisions related in particular to pollution response activities.  

The  multiannual  scheduling  of  the  contribution  from  the  Community  budget  for  financing, 
above all, the anti-pollution activities of the Agency will result in the making available for the 
Member States adequate intervention resources for at sea recovery of oil spills for the period 
as of 2007 to 2013 and strengthening the Agency’s contribution to the Community pollution 
response system.  

The  success  of  the  attainment  of  the  objectives  could  be  measured,  in  particular,  by  (i)  the 
rapidity of reaching the area affected by the oil spill, (ii) the time needed for at sea recovery of 
the  oil,  (iii)  the  extent  of  the  containment  of  the  pollution,  (iv)  the  functioning  of  satellite 
surveillance  for  detecting  and  combating  pollution,  and  (v)  the  effective  co-operation  with 
involved  Parties  (Member  States,  regional  agreements)  in  getting  ready  to  respond 
successfully to an oil pollution.  

5.3.  Method of Implementation (indicative) 

Show below the method(s)30 chosen for the implementation of the action. 

ٱ Centralised Management 
ٱ Directly by the Commission 

ٱIndirectly by delegation to: 

ٱ Executive Agencies 

⌧ Bodies set up by the Communities as referred to in art. 185 of the Financial Regulation 

ٱ National public-sector bodies/bodies with public-service mission 

ٱ Shared or decentralised management 

ٱ With Member states 

ٱ With Third countries 

ٱ Joint management with international organisations (please specify) 

Relevant comments:  

30 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point 

EN 

19 

   EN 

 
                                                 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The main indicator concerning the means and resources necessary to carry out the involved 
actions  is  the  risk  posed  by  oil  spills  taking  into  consideration  the  oil  trade  patterns  in 
European  waters,  the  socio-economic  and  environmental  impact  that  might  be  caused  by  a 
large  scale  incident,  as  well  as  the  current  operational  capacities  of  the  Member  States  and 
thus their needs for additional at sea recovery capacity to be provided by the Agency. Hence, 
European waters have been divided in areas where the Agency’s additional capacity should be 
primarily focussed (see below under section 6.2.1). As regards outputs and results, the main 
indicators are the number of the Agency’s interventions, as well as their impact and effects. 

The data regarding current pollution response capacities of the Member States were collected 
in particular from the Community Information, System and provided by the Member States. 
These  data  will  be  regularly  updated  on  the  basis  of  information  provided  by  the  above 
sources. The prices of the anti-pollution stand- by vessels have been estimated on the basis of 
current market prices.  

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

In order to fulfil the prerequisites of Regulation (EC) N° 724/2004 (see above under section 
5.3) as regards anti-pollution response activities  of the Agency and in particular to evaluate 
the status of European response preparedness, the Commission (DG TREN) commissioned a 
study  in 2003 that  was  conducted by the International  Tanker Owners Pollution Federation. 
This study, which was finalised in April 2004, presented the preparedness of Member States 
regarding response to pollution caused by oil spills at sea and the nature and scale of the risk 
posed by oil spills in European waters. 

Besides,  the  Agency  organised  a  specific  workshop  on  the  “Oil  Pollution  Response  in  the 
European Union”, in June 2004, in order to address the best ways for mounting an effective 
oil pollution response at European level and set the priorities for action.  

in  October  2004  (see  also  section  2  of 

The findings and results of both proceedings have been used as a basis for drafting the Action 
Plan  for  oil  pollution  preparedness  and  response,  which  was  adopted  by  the  Agency’s 
Administrative  Board 
the  Explanatory 
Memorandum).The Action Plan identifies the activities that the Agency intends to embark on 
within the context of the above Regulation, both in terms of response to an oil spill, by way of 
specialised anti-pollution vessels, and preparedness as a means to mounting effective response 
operations and is aimed also to ensure the optimum use of the financial means available to the 
Agency.  

On the basis of the current response capacity of the Member States and the current and future 
plans  for  additional  response  capacity,  as  gathered  following  the  above  consultations,  the 
Agency conducted an extensive evaluation of the estimated cost of the different anti-pollution 
actions and especially of the ones related to the operational assistance (stand-by vessels) on 
account of: 

-  A  benchmarking  for  the  cost  of  the  stand-by  contracts  (see  also  section  1  (c)  of  the 
Explanatory  Memorandum)  that  was  conducted  on  the  basis  of  information  included  in  the 

EN 

20 

   EN 

 
existing contracts concluded between the Member States and shipowners for the provision of 
similar  services  and  the  contracts  concluded  for  the  ships  involved  in  recent  maritime 
accidents (ERIKA and PRESTIGE), as well as input provided by the competent authorities of 
a number of Member States.  

-  Information  obtained  from  shipyards  regarding  the  prices  of  oil  pollution  response 
specialised  equipment  (such  as  pumps,  booms,  skimmers,  grabs  and  “specialist”  response 
vessels).  

It  is  worth  noting,  however  that  the  prices  vary  considerably  as  a  function  of  the  types  of 
ships, the specific equipment used for each case, the need in crew etc.  

The  key  findings  of  the  ex-ante  evaluation  were  as  follows  (see  also  section  1  (c)  of  the 
Explanatory Memorandum): 

The  present  pollution  response  capacity  of  the  Member  States  should  be  supplemented  in 
order to allow a prompt and effective intervention in the event of large scale oil contamination 
incidents and to contain and mitigate their impact. A number of areas, where the risk of major 
pollution  is  highest,  were  identified  by  reason  of  the  most  busy  tanker  routes  and  the 
prospects  for  future  oil  trade  patterns,  the  socio-economic  and  environmental  impact  of  a 
potential oil spill and the historical incidence of oil spills and their locations around Europe. 
These areas are: the Baltic sea, the Western approaches to the Channel, the Atlantic coast and 
the  Mediterranean  Sea  (Western  part  and  Bosporus/Black  Sea).  The  specific  needs  for  each 
region,  especially  in  terms  of  the  type  and  number  of  the  stand-by  vessels  that  are  needed, 
depends on the types of traffic and the size of each area. 

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

Not relevant.  

6.2.3.  Terms and frequency of future evaluation 

Ex-post evaluation is particularly crucial for the efficient allocation of commitments and for 
the  potential  adaptation  of  the  annual  financial  commitments,  bearing  in  mind  that  oil 
pollution response activities may require revision following an alteration in the needs for anti-
pollution action. The Administrative Board of the Agency will be requested, thus, to review 
annually  the  budgetary  commitments,  on  the  basis  of  a  report  produced  by  the  Executive 
Director, to include any necessary adjustments to the budget of the Agency. In addition, the 
Commission  shall  submit  to  the  European  Parliament  and  the  Council,  on  the  basis  of 
information  provided  by  the  Agency,  a  report  on  the  implementation  of  this  proposed 
Regulation no later than 4 years from its entry into force. This report shall set out the results 
of  the  utilisation  of  the  Community  contribution  as  regards  commitments  and  expenditure 
covering the period between 1 January 2007 and 31 December 2009. 

7. 

ANTI-FRAUD MEASURES  

The  anti-pollution  activities  of  the  Agency  will  be  subject  to  the  normal  audit  procedures 
foreseen by the Agency’s financial Regulation and the control of the Court of Auditors. 

EN 

21 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Headings of 
Objectives, actions 
and outputs should 
be provided 

Type 
of out 
put 

Av. 
cos
t 

Year n2007 

Year n+12008 

Year n+2 

Year n+32010 

Year n+4 

2009 

2011 

TOTAL 

Year +5 and 
later 

2012-2013 

Commitment appropriations in EUR million (to 3 decimal places) 

No. 
out 
puts 

Total 
cost 

Total 
cost 

No. 
out 
puts 

No
ou
tp
uts 

Total 
cost 

No. 
out 
puts 

Total 
cost 

No. 
out 
puts 

Total 
cost 

No. 
out 
puts 

Total 
cost 

No. 
out 
puts 

Total cost 

OPERATIONAL 
OBJECTIVE  N°1 
Operational 
assistance 

Action 1 Baltic Sea31 

Stand-by 1 vessel  

Stand-by 2 Vessels 

Stand-by 
vessel  

1  HNS 

4,500 

4,500 

9,000 

4,500 

4,500 

9,000 

5,000 

5,000 

5,000 

15,000 

TOTAL 

5,000 

4,500 

4,500 

5,000 

4,500 

9,500 

33,000 

31 

Add to pollution recovery capability of the requesting Member States. 

EN 

22 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Action 2 

Mediterranean Sea32 

Stand-by 1 vessel 

Stand-by 2 vessels 

Stand-by 
vessel 

1  HNS 

TOTAL 

Action 3 

Atlantic Coast33 

Channel  +  Atlan. 
Coast  Stand-by 
2 
vessels 

Bay  of  Biscay  Stand-
by 1 vessel 

4,500 

4,500 

9,000 

7,000 

7,000 

19,000 

5,000 

5,000 

5,000 

10,000 

5,000 

4,500 

7,000 

5,000 

4,500 

12,000 

38,000 

8,500 

8,500 

17,000 

6,000 

6,000 

12,000 

Stand-by1 HNS vessel 

4,500 

9,00034 

9,000 

22,500 

32 
33 

Add to pollution recovery capability of the requesting Member States. 
Add to pollution recovery capability of the requesting Member States. 

EN 

23 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4,500 

8,500 

6,000 

9,000 

8,500 

15,000 

51,500 

4,500 

4,500 

4,500 

13,500 

3,500 

3,500 

7,000 

TOTAL 

Action 4 

Black 
Sea/Bosporus35 

Stand-by 

1 vessel 

Action 5 

Satellite Imagery36 

Satellite Service 
enterice Centre 

OPERATIONAL 
OBJECTIVES  N°s  2 
+  3  37  Informatrion, 
and 
Co-operation 
Co-ordination 

34 

35 
36 
37 

This amount covers the renewal of the contract for 1 HNS vessel financed under the 2006 draft budget and the renewal of the contract for another HNS vessel to be financed 
under the 2007 budgetary provisions. 
Add to pollution recovery capability of the requesting Member States. 
Monitoring/imagery for spills and illegal discharges. 
These activities are based upon the activities approved in the Action Plan Oil Pollution Preparedness and Response under the headings “information” and “cooperation and 
co-ordination”. 

EN 

24 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                                                                                                                                    
138 
of 

Action 
Dissemination 
knowledge/best 
practices, 
ordination/co-
operation:Member 
Regional 
States, 
Agreement,Commiss
ion, 

co-

Innovation,  

etc. 

TOTAL COST 

1,000 

1,500 

1,500 

1,500 

1,500 

4,000 

11,000 

20,000 

19,000 

22,500 

25,000 

19,000 

48,500 

154,000 

38 

EN 

The estimated amounts under this section are intended to cover, in particular, studies and consultations with different bodies, meetings and conferences in relation to anti-
pollution actions, missions and information systems 

25 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

A*/AD  NA40 

B*, 
C*/AST 

NA 

Officials 
or 
temporary 
staff39 
(XX 01 
01) 

Staff  financed41  by 
art. XX 01 02 

NA 

staff42 
Other 
financed  by  art.  XX 
01 04/05 

NA 

TOTAL 

8.2.2.  Description of tasks deriving from the actionNA43 

8.2.3. 

Sources of human resources (statutory): NA44 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources) 

Posts currently allocated to the management of the programme to be replaced 

(cid:133) 
or extended 

(cid:133) 

(cid:133) 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 

(cid:133) 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 

(cid:133) 
year in question 

39 
40 
41 
42 
43 
44 

Cost of which is NOT covered by the reference amount 
The Human resources are covered under the separate budgetary line 06020201. 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 
Not applicable. 
The Human resources are covered under the separate budgetary line 06020201. 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management)  

EUR million (to 3 decimal places) 

Budget line 

(number and heading) 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

1 Technical and administrative 
assistance (including related staff costs) 

 Executive agencies45 

NA46 

Other 
assistance 

technical 

and 

administrative 

NA 

intra muros  

extra muros 

Total Technical and administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5 

and later 

EUR million (to 3 decimal places) 

Officials and temporary staff (XX 01 
01) 

NA47 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

NA 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

45 

46 
47 

Reference should be made to the specific legislative financial statement for the Executive Agency(es) 
concerned. 
Administrative expenditure within the reference amount is covered under a separate budgetary line.  
Administrative expenditure within the reference amount is covered under a separate budgetary line.  

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6 Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

2008 

2009 

2010 

2011 

Year 
n+5 

and 
later 

TOTAL 

Year n 

2007 

NA48 

 XX 01 02 11 01 – Missions 

 XX  01  02  11  02  –  Meetings  & 
 Conferences 

NA 

 XX 01 02 11 03 – Committees49  

NA 

 XX  01  02  11  04  –  Studies  &  
 consultations 

NA 

 XX  01  02  11  05 
 systems 

- 

Information  

NA 

 2 Total Other Management  
 Expenditure (XX 01 02 11) 

3 Other expenditure of an 

administrative nature (specify 
including reference to budget line) 

Total Administrative expenditure, 
other than human resources and 
associated costs (NOT included in 
reference amount) 

Calculation - Other administrative expenditure not included in reference amount 

48 
49 

Not applicable. 
Specify the type of committee and the group to which it belongs. 

EN 

28 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
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  on  a  multiannual 
funding  for  the  action  of  the  European  Maritime  Safety  Agency  in  the  field  of  response  to 
pollution caused by ships and amending Regulation (EC) No 1406/2002. 

DOCUMENT REFERENCE NUMBER 

COM(2005) yyy Final 

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 establish the procedures for and define a financial 
contribution of the Community for the funding of the new anti-pollution tasks of the 
European  Maritime  Safety  Agency  (the  Agency)  following  maritime  accidents,  on 
the basis of a multiannual commitment that would be spread over a period of seven 
years (2007-2013). 

Community  legislation  is  necessary  in  order  to  foresee  the  overall  financial 
contribution  from  the  Community  budget  to  the  budget  of  the  Agency.  This  matter 
falls therefore within the exclusive competence of the Community. 

THE IMPACT ON BUSINESS 

2. 

Who will be affected by the proposal? 

–  Which sectors of business? 

Shipping companies operating at-sea oil pollution recovery vessels that may be used 
for anti-pollution purposes on the basis of stand-by contracts. 

Which  sizes  of  business  (what  is  the  concentration  of  small  and  medium-sized 
firms)? 

All sizes of companies that are active in this sector. 

–  Are there particular geographical areas of the Community where these businesses 

are found? 

In all Member States, apart from those which are landlocked. However, in principle 
all Member States are affected in their role as flag states. 

EN 

29 

   EN