Proposal for a REGULATION (EU) […/….] OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency
Date: 2010-10-28
Institutions: European Commission
Subjects: EU office or agency, accident prevention, budget, institutional structure, maritime safety, operation of the Institutions, pollution from ships

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EUROPEAN COMMISSION 

Brussels, 28.10.2010 
COM(2010) 611 final 

2010/0303 (COD) 

xxxxx 

Proposal for a 

REGULATION (EU) […/….] OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 

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

SEC(2010) 1263 
 SEC(2010) 1264 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

Following the accident of the oil tanker "Erika" and the major oil pollution caused by 
this  accident,  the  Commission  proposed  in  late  2000  a  Regulation  setting  up  the 
European  Maritime  Safety  Agency  (EMSA)  as  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  EU.  The  European  Parliament  and  the  Council  adopted 
Regulation 1406/2002 on 27 June 2002. The Regulation entered into force in August 
of the same year, while EMSA started its activities in March 2003.  

Previous modifications of the EMSA Regulation 

Regulation 1406/2002 has been modified three times since 2002, mainly due to the 
evolution of the EU's maritime legislation. 

The first modification1 to the EMSA founding Regulation was of a horizontal nature 
and concerned financial and budgetary procedures as well as transparency. 

In the light of the “Prestige” accident in 2002 the second modification2 which entered 
into force in May 2004 brought considerable new tasks to the Agency in particular 
regarding  pollution  preparedness  and  response.  This  second  revision  took  also  into 
account  the  development  of  EU  competence  in  the  area  of  maritime  security, 
requesting the Agency to provide technical assistance to the Commission inspections 
in  the  framework  of  Regulation  725/20043  on  enhancing  ship  and  port  facility 
security.  Furthermore,  in  the  field  of  training  of  seafarers,  EMSA  was  requested  to 
assist  the  Commission  in  assessing  seafarer  certification  procedures  and  training 
establishments  in  both  EU  and  non-EU  countries  in  line  with  the  International 
Maritime Organization's STCW Convention (Standards of Training, Certification and 
Watchkeeping). 

The third modification4 provided EMSA with a multi-annual financial framework of 
154 M EUR for the pollution response activities for the period 2007-2013. 

However,  these  previous  modifications  have not been sufficient to address the new 
challenges ahead for EMSA, most of the challenges being external either to EMSA 
only or to EMSA and the EU as a whole. 

1 

2 

3 

4 

First modification by Regulation (EC) No 1644/2003 of the European Parliament and of the Council of 
22 July 2003, OJ L 245 of 29.9.2003, p. 10. 
Second modification by Regulation (EC) No 724/2004 of the European Parliament and of the Council 
of 31 March 2004, OJ L 129 of 29.4.2004, p. 1. 
Regulation  (EC)  No  725/2004  of  the  European  Parliament  and  of  the  Council  of  31  March  2004  on 
enhancing ship and port facility security, OJ L 129 of 29.4.2004, p. 6 
Third modification by Regulation (EC) No 2038/2006 of the European Parliament and of the Council of 
18 December 2006, OJ L 394 of 30.12.2006, p. 1, see also the corrigendum in OJ L 30 of 3.2.2007, p. 
12.  

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EMSA's current situation 

Today,  EMSA  provides  Member  States  and  the  Commission  with  technical  and 
scientific assistance in order to help Member States to apply properly the Community 
legislation  in  the  field  of  maritime  safety,  maritime  security  and  prevention  of 
pollution by ships, to monitor the implementation of this legislation and to evaluate 
the  effectiveness  of  the  measures  in  place  and  assist  in  the  development  of  new 
measures. Some key figures from 2009 illustrate EMSA's different activities: 

114 inspections in the areas of maritime safety, maritime security and prevention of 
pollution by ships 
88 events organised with over 2.250 participants. This includes 694 people trained 
in 34 training sessions. 
65 substantial technical reports 
13  contracts  covering  18  stand-by  oil  spill  recovery  vessels  (of  which  16  in  the 
stand-by phase and 2 in the preparatory phase) for the different regional seas of the 
EU. Participation in 47 drills. 
Over  3  million  messages  are  exchanged  per  month  in  the  EU  vessel  traffic 
monitoring system SafeSeaNet, with 2.000 users. 
CleanSeaNet:  2107  possible oil slicks detected, 751 oil slicks verified by Member 
States and 194 oil slicks confirmed. 
Long-Range  Identification  and  Tracking  of  vessels  (LRIT):  Establishment  and 
management  of  the  EU  LRIT  data  centre  which  covers  more  than  6.000  EU-flag 
ships. 

Further  comprehensive  information  on  EMSA  is  available  in  the  accompanying 
impact assessment report and on EMSA's website5. 

2. 

OBJECTIVE AND JUSTIFICATION OF THE PROPOSED MEASURE 

The  objective  of  the  proposed  measure  is  to  amend  Regulation  1406/2002  by 
clarifying EMSA's existing tasks and role as well as by extending EMSA's tasks to 
new areas under development at international and/or EU level. 

In its communication introducing the third maritime safety package in late 2005, the 
Commission indicated: “Implementation of the measures contained in this package 
will,  where  appropriate,  involve  the  EMSA  set  up  by  Regulation  1406/2002  of  the 
European Parliament and of the Council. Some of the measures are already provided 
for  in  that  Regulation.  The  others  will  be  the  subject  of  a  proposal  to  amend  the 
Regulation  setting  up  the  Agency  which  the  Commission  intends  to  submit  in  the 
coming month”6. 

In its  Communication "Strategic goals and recommendations for the EU's maritime 
transport  policy  until  2018"7,  the  Commission  stated  its  intention  to  "revise  the 
mandate  and  the  functioning  of  the  European  Maritime  Safety  Agency,  in  order  to 

5 
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7 

http://www.emsa.europa.eu/  
See COM(2005)585, 23.11.2005, p. 5 
See COM(2009)8, 21.1.2009, p. 7 

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further  enhance  the  technical  and  scientific  assistance  it  can  give  to  the  Member 
States and the Commission".  

In its conclusions of 30 March 2009, the Council invited the Commission to develop 
measures regarding "in view of the upcoming challenges, enhancing the work of the 
European  Maritime  Safety  Agency  for  providing  technical  and  scientific  assistance 
to Member States and the Commission"8 

Following  an  invitation  by  the  European  Parliament  and  the  Council9,  the 
Commission  services  are  working  on  a  feasibility  study  regarding  a  European 
Coastguard service. The Commission services have concluded so far that synergies at 
EU  level  regarding  certain  coastguard  operations  could  be  reinforced  through 
EMSA's  activities.  This  could  be  further  supported  by  extending  EMSA's  tasks  in 
selected areas, in particular regarding the monitoring of maritime traffic and shipping 
routes as well as assistance to Member States in the tracking of possible polluters. 

2.1. 

EMSA's external evaluation 

As foreseen by Article 22 of Regulation 1406/2002, EMSA's Administrative Board 
commissioned  an  independent  external  evaluation  on  the  implementation  of  the 
regulation  in  late  2007.  The  study  carried  out  by  the  consultancy  company  COWI 
assessed  the  impact  of  the  EMSA  founding  Regulation,  of  the  Agency  and  its 
working  practices.  The  final  report  was  presented  to  the  Administrative  Board  in 
March  200810.  The  external  evaluation  attributes  excellent  marks  to  the  Agency 
summarised in the following quote: 

"It is the overall conclusion from the evaluation that the establishment of EMSA has 
filled  a  gap  in  the  maritime  safety  area  in  the  European  Union.  The  Agency  has 
quickly grown in terms of its tasks and importance to become a significant actor in 
the maritime safety area. The Agency has added value to the sector in general, and, 
in  particular, 
the 
Commission."11 

the  Member  States  and 

two  main  stakeholders, 

its 

to 

However,  the  report  also  underlines  the  possibility  for  further  improvements  and 
clarifications. 

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11 

See press declaration of the Council, document 8176/09, p. 28. 
See  Article  11  of  Directive  2005/35/EC  of  7  September  2005  on  ship-source  pollution  and  on  the 
introduction of penalties for infringements, OJ L 255, 30/09/2005, p. 11. 
See EMSA's website at http://www.emsa.europa.eu/end179d003d002.html. Additionally, the executive 
summary of the Cowi Report can be found in Annex II of the accompanying impact assessment. 
See COWI study, p. 6. 

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2.2. 

Recommendations by EMSA’s Administrative Board 

Based  on 
recommendations12; which can be summarised as follows: 

evaluation, 

external 

the 

the  Administrative  Board 

issued 

I. Changes to Regulation 1406/2002:  

•  amend article 22 of the Founding Regulation to provide for regular evaluations of 

the implementation of the EMSA regulation (every 5 years) 

II. Recommendations related to the Agency and its working practises 

•  Continue to focus on activities which add value for its stakeholders; 

•  Develop a strategic plan covering a 5 year perspective; 

•  Continue in the efforts towards activity based costing and budgeting; 

•  Structure the annual work programmes to function as operational action plans for 

the given year; 

•  Develop the annual report to reflect actual achievements met against the targets; 

•  Developing project management capacity. 

III. Other/general recommendations 

•  Ensuring formal, periodic reviews of EMSA's effectiveness. 

2.3. 

EMSA’s multi-annual strategy 

In March 2010, EMSA's Administrative Board approved a multi-annual strategy for 
the  period  2010-2014,  in  which  14  new  themes  for  EMSA  are  outlined.  The 
Commission  supports  the  strategy  subject  to  the  availability  of  the  required 
budgetary  resources.  While  it  considers  that  many  of  the  14  themes  do  not  require 
changes to the EU legislation, in particular the EMSA-Regulation, it has taken into 
account the following themes in this proposal:  

Theme  1  Accident  Investigation:  The  new  wording  of  Article  2(4)(b)  reflects  the 
multi-annual strategy. 

Theme  4  Inspections:  The  idea  of  a  horizontal  analysis  of  inspections  reports  is 
reflected in Article 3(3). With regard to maritime security, it is suggested in Article 
2(2)(b)  that  EMSA  can  provide  technical  assistance  for  all  inspections  under 
Regulation  725/2004  (ship-side  and  port  facility-side).  The  question  related  to  the 

12 

See  EMSA's  website  at  http://www.emsa.europa.eu/end179d003d002.html.  Additionally, 
recommendations can be found in Annex I of the accompanying impact assessment. 

the 

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recognition  of  security  organisations  (RSO)  will  be  dealt  with  if  appropriate  in  the 
specific EU legislation. 

Theme  6  Maritime  Surveillance:  A  reference  to  EMSA's  contribution  to  maritime 
surveillance was added to Article 2(4)(a). 

Theme  7  Coordination  of  maritime  satellite  information  (GMES):  A  reference  to 
EMSA's  contribution  to  the  implementation  of  EU-programmes  like  GMES  was 
added to Article 2(2)(d). 

Theme 9 Regional centre: In line with the strategy, the Commission suggests deleting 
the current limitation to vessel-traffic monitoring as other forms of technical advice, 
in particular training and access to operational services are also important within the 
regional context of the Mediterranean and the Black Sea (see change to Article 5(3)).  

Theme 10 research: EMSA's expanded role with regard to EU research is highlighted 
in Article 2(2)(e). 

Theme  11  neighbourhood  countries:  EMSA's  new  role  with  regard  to  the 
neighbourhood countries is reflected in Article 2(5). 

While  theme  13  "the  human element"  and theme 14 "e-maritime" do not require at 
this  stage  any  modifications  to  the  EMSA  Regulation,  the  Commission  foresees 
additional human resources in the financial statement attached to this proposal. 

2.4. 

EMSA's tasks 

The  Commission  has  used  the  external  evaluation,  the  recommendations  and  the 
multi-annual  strategy  in  the  preparation  of  this  proposal.  Furthermore,  it  has 
considered  the  international  and  EU-wide  developments  which  would  require 
amendments to the EMSA Regulation (see the accompanying impact assessment). 

The  Commission  proposes  to  maintain  EMSA's  current  objectives  and  tasks. 
However,  it  is  necessary  to  clarify  some  notions  and  to  define  more  precisely 
EMSA’s assistance to the Commission, to the Member States and to other parties.  

New  tasks  to  EMSA  arise  from  the  implementation  of  the  third  maritime  safety 
package. The Community legislator agreed in December 2008 on this ambitious and 
comprehensive  legislative  package  covering  Port  State  Control,  classification 
societies, vessel traffic monitoring, accident investigation, indemnity of passengers, 
Flag State requirements and liability of shipowners. The formal adoption of the eight 
legislative  acts  took  place  in  April  2009  and  the  implementation  of  the  various 
measures is taking place over the next years13. 

In  the  area  of  research,  EMSA  should  become  closer  involved  in  EU  maritime 
research and - through the analysis of research projects - identify the possible follow-
up from a regulatory perspective. Furthermore, EMSA could assist the Commission 
in  identifying  research  actions  due  to  its  comprehensive  technical  experience. 

13 

OJ L 131, 28.05.2009, p. 11-135. 

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However, EMSA will neither manage research projects nor duplicate work with the 
existing EU research structures. 

The amendments seek also to clarify EMSA’s assistance to the Commission and to 
the Member States in various international and regional organisations in order to 
ensure  that  the  Commission  and  the  Member  States  receive  the  best  possible 
technical advice. This concerns organisations like IMO, ILO, the Paris Memorandum 
of  Understanding  on  Port  State  Control  and  other  regional  bodies  (for  example  the 
Barcelona Convention, the Bonn Cooperation Agreement, the Bucharest Convention, 
the Helsinki Convention, the Lisbon agreement and the Arctic Council). 

Furthermore,  some  of  the  high-value  operational  services  operated  by  EMSA 
(SafeSeaNet,  CleanSeaNet,  LRIT,  Port  State  Control  etc.)  can  contribute 
significantly  to  other  EU-policies,  for  example  the  integrated  approach  to  maritime 
surveillance under the integrated EU maritime policy. The idea is to bring together 
and  make  interoperable  different  surveillance  systems  which  are  in  place,  under 
development  or  planned14.  Another  policy  area  where  EMSA  due  to  its  expertise 
with  processing  satellite  data  can  make  a  relevant  contribution  is  the  GMES 
programme  ("Global  Monitoring  for  Environment  and  Security").  In  addition 
EMSA's  expertise,  systems,  applications  and  data  are  of  use  when  assessing  and 
analysing the contribution of shipping related pressures such as ballast water, marine 
litter and underwater noise in the marine environment having in mind the objective 
of  a  good  environmental  status  which  is  to  be  achieved  according  to  the  Marine 
Strategy Framework Directive15. 

Furthermore,  recently  demonstrated  risks  of  offshore  oil  operations  to  maritime 
transport  and  marine  environment  need  to  be  taken  into  account.  This  revision 
clarifies  that  EMSA's  response  capabilities  can  also  be  used  in  case  of  marine 
pollution caused by other sources than vessels, notably by oil platforms. Indeed, in 
the  framework  of  the  EU  Civil  Protection  Mechanism  EMSA  and  many  Member 
States of the EU have offered specific equipment and specialised pollution response 
vessels to the US authorities for assistance in the fight against the oil spill in the Gulf 
of Mexico. The Commission will further reflect to which extent EMSA might in the 
future  contribute  to  the  safety  of  offshore  oil  and  gas  exploration  and  production 
installations,  having  in  mind  that  such  activity  is  beyond  the  maritime  transport 
sector  and  that  the  Commission  in  cooperation  with  the  stakeholders  is  currently 
assessing the need to establish EU-rules. 

The  current  EMSA  Regulation  makes  technical  cooperation  with  neighbouring 
countries very difficult. So far, only Norway and Iceland were able to participate in 
EMSA through the provisions of Article 17. Other third countries sharing a regional 
sea with the EU (Baltic Sea, Black Sea, the Mediterranean Sea and the Arctic Ocean) 
have  expressed  their  interest  in  technical  cooperation  with  EMSA  in  various  fields 
(use of satellite images to track potential polluters, exchange of maritime traffic data, 
training  activities,  technical  expertise,  pollution  response  vessels).  Cooperation 

14 

15 

See  the  Communication  "Towards  the  integration  of  maritime  surveillance:  A  common  information 
sharing environment for the EU maritime domain" COM(2009)538 final. 
Directive  2008/56/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  2008  establishing  a 
framework  for  community  action  in  the  field  of  marine  environmental  policy  (Marine  Strategy 
Framework Directive), OJ L 164, 25.6.2008, p. 19. 

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activities  by  the  Agency  have  been  so  far  very  limited  due  to  the  restrictive  legal 
basis. 

The Commission considers that EMSA's assistance to maritime security should not 
be extended beyond Regulation 725/200416. It is thus not foreseen to involve EMSA 
in  the  implementation  of  Directive  2005/65/EC  on  enhancing  port  security17. 
However, it is suggested to remove the current limitation of EMSA's assistance to the 
Commission inspections18 in the framework of Regulation 725/2004 in the spirit of 
greater efficiency and flexibility. It is understood that within an inspection team, the 
team leader will allocate the different tasks to the experts according to their relevant 
experience.  No  additional  resources  for  EMSA  are  foreseen 
this 
modification. 

through 

2.5. 

Governance aspects 

After more than seven years of experience, EMSA's governance structure has proven 
robust.  It  is  reasonable  to  maintain  EMSA's  institutional  setting  up  as  a  so-called 
"regulatory" agency of the Community with a large degree of autonomy. However, in 
a small number of areas, experience has shown that improvements and clarifications 
are necessary.  

This concerns in particular the organisation of inspections by the Agency on behalf 
of  the  Commission.  In  this  field  the  roles  of  the  Agency,  the  Commission,  the 
Administrative  Board  and  the  Member  States  need  to  be  clarified:  Member  States' 
representatives  at  the  Administrative  Board  are  faced  with  a  potential  conflict  of 
interest:  on  the  one  hand  they  decide  on  EMSA's  activities  and  resources,  in 
particular  on  the  visits  policy19,  on  the  other  hand  they  represent  national 
administrations, which are themselves the subject of inspections by EMSA on behalf 
of the Commission to check the conformity of national regulations and practice with 
the  applicable  EU  law.  This  potential  conflict  has  led  to  discussions  at  Board 
meetings in particular at the time of agreeing EMSA's "visits policy". 

While  for  the  time  being,  major  problems  have  fortunately  been  avoided,  the 
problematic  character  of  the  underlying  provisions  requires  corrective  action  by 
clarifying  the  roles  of  the  different  actors.  In  order  to  give  the  Member  States,  the 
Agency  itself  and  the  Commission  the  opportunity  to  provide  input  and  to  assume 
responsibility,  the  Commission  proposes  that-  the  Agency's  operational  working 
methods in the field of inspections be adopted by the Commission in comitology like 
in the case of EASA. The Administrative Board will continue its role, inter alia by 
deciding on the Agency's work programme and the budget. 

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18 

19 

Regulation  (EC)  No  725/2004  of  the  European  Parliament  and  of  the  Council  of  31  March  2004  on 
enhancing ship and port facility security, OJ L 129, 29.4.2004, p. 6. 
Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing 
port security, OJ L 310, 25.11.2005, p. 28. 
Article  2(b)(iv)  of  Regulation  1406/2002  foresees  currently  the  following:  "This  assistance  of  the 
Agency to the Commission will be restricted to ship and relevant companies and Recognised Security 
Organisations authorised to undertake certain security-related activities in this context". 
See Article 3(1): "In order to perform the tasks entrusted to it, the Agency may carry out visits to the 
Member States in accordance with the policy defined by the Administrative Board." The document is 
available  at  http://www.emsa.europa.eu/end179d003d001.html  under  the  decisions  of  the  Board 
meeting of 25 June 2004. 

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•  Other  governance 

issues  concern 

the  management  of 

the  Agency.  As 
recommended by EMSA's Administrative Board, the external evaluation of the 
Agency  should  be  repeated  at  regular  intervals  thus  requiring  modifications  to 
Article  22.  A  second  recommendation  concerns  the  development  of  a  multi-
annual strategy for EMSA, which should allow for a better strategic vision while 
the  current  planning  is  mainly  conditioned  by  the  annual  budgetary  cycle  (see 
changes  to  Articles  10  and  15).  Furthermore,  due  to  EMSA's  increased  size,  the 
function of Head of Departments should be enshrined in the Regulation. 

•  With regard to horizontal governance aspects affecting all EU agencies, the EU 
Institutions  have  launched  a  reflection  exercise  following  the  Commission 
communication of 200820. Therefore, the Commission has decided not to propose 
any changes of horizontal nature. However, the Commission would like to draw 
attention  to  the  modified  balance  of  voting  rights  between  Commission  and 
Member States in the Administrative Board, which has been altered considerably 
by  the  latest  enlargements.  While  in  2002  at  the  first  meetings  of  EMSA's 
Administrative  Board,  the  Commission  represented  around  21  %  of  the  votes  (4 
representatives out  of a total of 19 representatives with voting rights), this share 
has  now  been  reduced  to  around  13 %  due  to  the  enlargement  to  27  Member 
States  and  is  subject  of  further  reductions  in  the  next  enlargements.  The 
Administrative  Boards  take  decisions  by  a  two-thirds  majority  of  all  members 
with  the  right  to  vote  (see  Article  14),  while  the  appointment  of  the  Executive 
Directors  requires  a  four-fifths  majority  (see  Article 16).  The  Commission 
considers  that  the  initial  intentions  of  the  European  legislator  regarding  the 
institutional  balance  within  EMSA's  Administrative  Board  should  be  re-
established in the medium term without increasing further the membership of the 
Administrative  Board  (currently  31  members  with  voting  rights  and  6  members 
without the right to vote21). 

2.6. 

Impact Assessment 

The  Impact  Assessment  report  and  the  summary  are  attached  to  the  proposal.  The 
Impact Assessment Board issued its opinion on 22 June 2008 providing a number of 
recommendations  for 
the  draft  report,  which  have  been 
incorporated in the final version. 

improvements  of 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

The legal basis for the proposal is Article 100 (2) TFEU, which has served as legal 
basis for Regulation 1406/2002. 

20 
21 

See Communication "European Agencies - The way forward" COM(2008)135. 
The 27 representatives of the EU Member States and the 4 Commission representatives have the right to 
vote while the 4 professionals from the sectors most concerned and the 2 representatives from Norway 
and Iceland do not have the right to vote. 

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3.2. 

Subsidiarity and proportionality principles 

The  principles  of  subsidiarity  and  proportionality  are  fully  respected.  The 
independent external evaluation (see above under point 2.1.) has confirmed the need 
for an EU intervention in order to assist the Member States and the Commission to 
attain the required level of maritime safety, maritime security and the protection of 
the  marine  environment  within  the  EU.  Furthermore,  the  effectiveness  of  the 
Agency's  activities  has  been  acknowledged.  The  proposed  measures  are 
proportionate  as  they  amend  only  those  parts  of  the  existing  Regulation  where 
clarifications or modifications are necessary. 

3.3. 

Choice of instrument 

A  Regulation  is  the  most  appropriate  instrument  in  order  to  amend  an  existing 
Regulation. 

4. 

BUDGETARY IMPLICATION 

The  proposal  has  a  modest  budgetary  implication  insofar  as  the  Agency  receives  a 
limited number of new or extended tasks, for which EMSA would need 18 posts to 
ensure  effective  and  efficient  operation.  However,  in  the  light  of  the  current 
budgetary  situation,  the  Commission  has  agreed  with  the  Agency  a  considerable 
redeployment effort, as a result of which 6 of these posts will be provided by EMSA 
itself through internal redeployment. This means that the Budgetary authority would 
need to decide in the forthcoming annual budgetary procedures only on a total of 12 
additional  posts  for  the  Agency's  establishment  plan  to  be  phased  in  between  2012 
and 2014 (5 posts in 2012, 4 posts in 2013  and 3 posts in 2014). This corresponds 
entirely  to  the  Agency's  Multi-Annual  Staff  Policy  Plan  for  the  years  2011-2013 
adopted  by  EMSA's  Administrative  Board  in  March  2010  and  transmitted  to  the 
Budgetary Authority as part of the documentation for the budgetary procedure 2011. 
The  budgetary  impact  of  this  proposal  is  thus  limited  to  a  total  of  approximatively 
3.9  M  EUR  for  the  period  2012-2015  (for  further  details  see  the  attached  financial 
statement and the impact assessment). 

The Commission takes the view that after the important increase of human resources 
for EMSA in the years 2005 to 2008 (EMSA received a total of 126 additional posts 
in  these  4  years),  the  Agency  is  now  in  a  consolidation  phase,  as  demonstrated 
already in the establishment plans for 2009 to 2011 which foresee modest increases 
despite EMSA's activities and tasks growing quickly. Before suggesting any further 
extension of tasks requiring additional resources, the Commission with the assistance 
of the Agency will continue to screen EMSA's activities and resources to ensure also 
for the future that all possibilities for redeployment within the Agency are used. 

5. 

CONTENT OF THE PROPOSAL 

The  proposal  contains  2  articles.  The  first  article  specifies 
the  proposed 
modifications  to  Regulation  1406/2002,  while  the  second  Article  is  related  to  the 
entry  into  force  of  the  Regulation.  The  following  table  gives  an  overview  of  the 
changes to Regulation 1406/2002, while details are given in the ensuing sections: 

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Article 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 

11 
12 
13 
14 
15 

16 
17 

18 
19 
20 
21 

22 
23 
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Changes 

Subject 
Objectives 
Tasks 

New version 
New version 
Inspections  New version 
Transparency  No change 
Legal Status 
Staff 
Privileges 
Liability 
Languages 
Administrative 
Board 

Small changes in paragraphs 3 and 4 
No change 
No change 
No change 
No change 
Small changes in paragraph 2: modification of point (c), points (ca) 
and  (cb)  added,  deletion  of  point  (g),  changes  to  point  (i)  and 
simplification in point (l) 

Composition  No change 
No change 
No change 
No change 
Changes  in  paragraph  2  (modification  of  point  (a),  insertion  of 
points (aa) and (ab), modifications of point (b) and (d), deletion of 
point (g)) and deletion of paragraph 3. 

Chairman 
Meetings 
Voting 
Executive 
Director 

Appointment  New version 

Third 
countries 
Budget 
Control 
Fraud 
Financial 
provisions 
Evaluation 
Start 
Entry into 
force 

No change 

Small change in paragraph 1 
No change 
No change 
No change 

Small change in paragraph 1 
New version 
No change 

5.1.1.  Changes to Article 1 (Objective) 

As stated above, the objectives of the Regulation remain unchanged. Therefore, the 
Commission proposes only some small amendments to Article 1. 

5.1.2.  Changes to Article 2 (Tasks) 

As  the  Article  has  become  difficult  to  read  in  its  current  version,  the  Commission 
proposes  a  new  version,  which  respects  the  previous  structure.  The  intention  is  to 
provide  greater  clarity  of  EMSA's  tasks  in  a  user-friendly  format.  The  proposed 
Article  consists  of  5  paragraphs.  The  introductory  paragraph  sets  out  the  fields  of 
activities  of  the  Agency  mirroring  the  clarification  operated  in  Article  1.  The 
Commission's  ultimate  responsibility  for  the  implementation  of  the  EU  acquis  is 
recalled in recital 4. Paragraphs 2 to 5 set out EMSA's different tasks in relation to 
the various addressees. 

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5.1.3.  Changes to Article 3 (Inspections) 

In order to correctly reflect the institutional role for EMSA in the implementation of 
EU legislation, the Commission proposes a new wording for Article 3. The reference 
to the policy defined by the Administrative Board has been deleted. Indeed, deciding 
on a "visits policy" which affects the home administration could create a conflict of 
interests  for  the  representatives  of  the  Member  States  .  Instead,  the  Commission 
proposes  following  the  example  of  the  European  Aviation  Safety  Authority  with 
regard  to  the  establishment  of  the  Agency's  operational  working  methods  in  this 
field22.  This  ensures  the  involvement  of  all  interested  parties  (the  Agency,  the 
Member  States,  the  Commission)  while  respecting  the  institutional  roles  and 
responsibilities. 

5.1.4.  Changes to Article 5 (Legal status, administrative arrangements, regional centres) 

With  the  proposed  change  to  paragraph  3,  the  Commission  seeks  to  overcome  a 
current  limitation  for  regional  centre  focussing  exclusively  on  vessel  traffic 
monitoring issues in the context of Directive 2002/59. The proposed change does not 
imply that the Commission will submit a request for establishing a regional centre to 
EMSA's Administrative Board. The feasibility of such regional centre will first have 
to be clearly demonstrated. 

The proposed change to paragraph 4 reflects EMSA's ever growing involvement in 
maritime transport issues at regional and international level – e.g. through LRIT and 
the  development  of  maritime  surveillance  in  the  EU.  This  requires  the  Agency  to 
enter  into  administrative  cooperation  with  other  bodies.  The  Executive  Director 
represents the Agency and may therefore commit the Agency through administrative 
agreements,  which  are  not  international  treaties.  For  the  sake  of  transparency, 
appropriate information of the Administrative Board is required. 

5.1.5.  Changes to Article 10 (Administrative Board) 

The Commission suggests the following amendments to paragraph 2 of Article 10:  

•  In point (c) the reference to article 2 needs to be adapted; 

•  The new points (ca) and (cb) refer to the adoption by the Administrative Board of 

EMSA's multi-annual strategy and the multi-annual staff policy plan, 

•  As a consequence of the change to article 3, point (g) has to be deleted; 

•  In point (i), the new posts of Heads of Department have to be reflected ; 

•  In  point  (l),  the  simplification  operated  in  Article  15(2)(g)  below  regarding  the 
separate report on anti-pollution measures allows a consequential simplification. 

22 

See  Regulation  (EC)  No  216/2008  of  20/02/2008  on  common  rules  in  the  field  of  civil  aviation  and 
establishing  a  European  Aviation  Safety  Agency,  OJ  L79,  19.03.2008,  p.  1  and  the  implementing 
Commission  Regulation  (EC)  No  736/2006  of  16  May  2006  on  working  methods  of  the  European 
Aviation Safety Agency for conducting standardisation inspections, OJ L 129, 17.05.2006 p. 10. 

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5.1.6.  Changes to Article 15 (Executive Director) 

The  Commission  suggests  some  changes  to  Article  15,  paragraph  2  regarding  the 
Executive Director. Many of them are simply an editorial consequence of changes to 
other articles. Finally, paragraph 3 can be deleted as the content has been moved to 
Article 16. 

5.1.7.  Changes  to  Article  16  (Appointment  of  the  Executive  Director  and  the  Heads  of 

Department) 

Due  to  the  increased  size  of  the  Agency  (up  to  242  people  employed  in  2010),  the 
Executive  Director  needs  support  at  management  level.  EMSA's  organisation  chart 
foresees  since  June  2008  three  Heads  of  Department  as  intermediate  management 
level which corresponds with the situation in other EU agencies of comparable size. 
The new wording does therefore not require any new posts in EMSA's establishment 
plan.  The  title  of  the  Article  is  changed  and  the  appointment  of  the  Heads  of 
Department  by  the  Executive  Director  following  the  favourable  opinion  of  the 
Administrative Board is established. 

5.1.8.  Changes to Article 18 (Budget) 

Due to the global nature of the LRIT network, EMSA will exchange maritime data 
with other data centres including a detailed billing system. While the current EMSA 
Regulation  foresees  already  charges  for  different  services  as  one  source  of  the 
Agency's revenue (see Article 18(1)(c)), the technical term of 'fees' should be added. 
Unlike  other  EU  agencies,  it  is  neither  expected  nor  intended  to  finance  a 
considerable  part  of  EMSA's  revenue  through  charges.  The  EU  contribution  will 
remain the main source of EMSA's funding. 

5.1.9.  Changes to Article 22 (Evaluation) 

As recommended by EMSA's Administrative Board, the provisions on the Agency's 
external  evaluation  should  not  remain  a  unique  exercise  but  should  be  repeated  at 
regular intervals. 

5.1.10.  Changes to Article 23 

The  provisions  of  this  article  regarding  the  start  of  EMSA's  activities  are  outdated 
and can be deleted. The article can therefore become the standard committee article. 
In the maritime safety area, a single Committee on Safe Seas and the Prevention of 
Pollution  from  Ships  (COSS)  was  created 
in  2002  by  Regulation  (EC) 
No 2099/2002,  which  should  assist  the  Commission  also  with  regard  to  this 
Regulation. It is recalled that the Agency's operational working methods in the field 
of inspections (Article 3) are subject to comitology procedures. 

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2010/0303 (COD) 

Proposal for a 

REGULATION (EU) […/….] 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  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the proposal to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee23, 

Having regard to the opinion of the Committee of the Regions24, 

Acting in accordance with the ordinary legislative procedure25, 

Whereas: 

(1) 

(2) 

(3) 

Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 
June 200226 established a European Maritime Safety Agency (hereinafter the Agency) 
for the purpose of ensuring a high, uniform and effective level of maritime safety and 
prevention of pollution by ships. 

In accordance with Article 22  of Regulation (EC) No 1406/2002, the Administrative 
Board  of  the  Agency  commissioned  an  independent  external  evaluation  on  the 
implementation  of  that  Regulation  in  2007.  Based  on  this  evaluation,  it  issued 
recommendations regarding changes to Regulation (EC) No 1406/2002, to the Agency 
and its working practices in June 2008. 

Based  on  the  findings  of  the  external  evaluation,  the  recommendations  by  the 
Administrative  Board  and  the  multi-annual  strategy,  some  provisions  of  Regulation 
(EC) No 1406/2002 should be clarified and updated. Furthermore, the Agency should 
receive a number of additional tasks reflecting the development of the maritime safety 

23 
24 
25 
26 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 208 of 5.8.2002, p.1. 

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policy at EU and international level. Considerable screening and redeployment efforts 
are necessary to guarantee cost and budget efficiency. This should allow one third of 
additional staffing needs for new tasks to be covered through internal redeployment by 
the Agency. 

into  account 

the  special  responsibility  of 

Some provisions regarding the specific governance of the Agency should be clarified. 
Taking 
the 
implementation  of  EU  policies  enshrined  by  the  Treaty,  the  Commission  should 
provide  policy  guidance  to  the  Agency  in  the  performance  of  its  tasks  while  fully 
respecting  the  legal  status  of  the  Agency  and  the  independence  of  its  Executive 
Director as established by Regulation (EC) No 1406/2002. 

the  Commission  for 

The  Agency  should  act  in  the  interest  of  the  Union.  This  should  include  that  the 
Agency may act outside the territory of the EU in its fields of competence. 

The  Agency  should  enhance  its  assistance  to  the  Commission  regarding  research 
activities related to its field of competences. However, double work with the existing 
EU research framework should be avoided. In particular, the Agency should not be in 
charge of the management of research projects. 

After  the  expiry  of  the  EU  framework  for  cooperation  in  the  field  of  accidental  or 
deliberate  marine  pollution  set  up  by  Decision  2850/2000/EC  of  the  European 
Parliament  and  of  the  Council  of  20  December  200027,  the  Agency  should  continue 
some of the activities previously carried out under the expired framework by drawing 
in  particular  on  the  expertise  within  the  Consultative  Technical  Group  for  marine 
pollution preparedness and response. 

Recent events highlighted the risks of offshore oil and gas exploration and production 
activities to maritime transport and the marine environment. The use of the Agency's 
response  capabilities  should  be  explicitly  extended  to  cover  response  to  pollution 
originating from such activities. In addition, the Agency should assist the Commission 
in analysing the safety of mobile offshore gas and oil installations, in order to identify 
possible  weaknesses,  basing  its  contribution  on  the  expertise  it  has  developed  with 
regard  to  maritime  safety,  maritime  security,  the  prevention  of  pollution  caused  by 
ships and response to marine pollution. 

The  Union  has  established  a  comprehensive  maritime  transport  strategy  up  to  2018, 
which includes the e-maritime concept. Furthermore, it is developing an EU maritime 
surveillance  network.  The  Agency  has  maritime  systems  and  applications  available 
which are of interest for the realisation of these policies. Therefore the Agency should 
make the systems and the data available to interested partners. 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  The Agency has established itself as the authoritative provider of maritime traffic data 
at  EU  level  which  are  of  interest  and  relevance  in  other  EU  activities.  Through  its 
activities, in particular regarding port state control, the monitoring of maritime traffic 
and  shipping  routes  as  well  as  assistance  for  tracking  possible  polluters,  the  Agency 
should  contribute  to  reinforce  synergies  at  EU  level  regarding  certain  coastguard 
operations. In addition, the Agency's data monitoring and collection should also gather 

27 

OJ L 332, 28.12.2000, p. 1. 

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basic  information  on  potential  threats  to  maritime  transport  and  the  marine 
environment from offshore oil and gas exploration and production. 

(11)  The  Agency's  systems,  applications,  expertise  and  data  are  also  of  relevance  of 
contributing to the objective of achieving good environmental status of marine waters 
in  accordance  with  Directive  2008/56/EC  of  the  European  Parliament  and  of  the 
Council of 17 June 200828, especially with its shipping related elements such as ballast 
water, marine litter and underwater noise. 

(12)  The  Agency  carries  out  inspections  in  order  to  assist  the  Commission  in  the 
assessment  of  the  effective  implementation  of  EU  law.  The  roles  of  the  Agency,  the 
Commission,  the  Member  States  and  the  Administrative  Board  should  be  clearly 
defined. 

(13)  The  Commission  and  the  Agency  should  cooperate  closely  in  the  preparation  of  the 
operational  working  methods  of  the  Agency  regarding  inspections.  As  long  as  the 
measures concerning those working methods have not entered into force, the Agency 
should follow the existing practise for the conduct of the inspections. 

(14)  The requirements for the operational working methods of the Agency for conducting 
inspections should be adopted by in accordance with Council Decision 1999/468/EC 
of 28 June 1999 laying down the procedures for the exercise of implementing powers 
conferred on the Commission29. 

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

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EC) No 1406/2002 

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

1) 

Articles 1 to 3 are replaced by the following: 

'Article 1 

Objectives 

This Regulation establishes a European Maritime Safety Agency (‘the Agency’). The 

1. 
Agency shall act in the interest of the Union. 

28 

29 

Directive  2008/56/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  2008  establishing  a 
framework  for  community  action  in  the  field  of  marine  environmental  policy  (Marine  Strategy 
Framework Directive), OJ L 164, 25.6.2008, p. 19. 
OJ L 184, 17.7.1999, p. 23. 

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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  Union  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. 

3. 
The  Agency  shall  provide  Member  States  and  the  Commission  with  technical  and 
scientific  assistance  in  the  field  of  accidental  or  deliberate  marine  pollution  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 cooperation between Member 
States in this field. It shall act in support of the EU Civil Protection Mechanism established by 
Council Decision 2007/779/EC, Euratom30. 

Article 2 

Tasks of the Agency 

1. In order to ensure that the objectives set out in Article 1 are met in the appropriate manner, 
the  Agency  shall  perform  the  tasks  listed  in  paragraph  2  of  this  Article  in  the  fields  of 
maritime  safety  and  maritime  security,  the  prevention  of  pollution  caused  by  ships  and 
response to marine pollution. 

2. The Agency shall assist the Commission: 

in  the  preparatory  work  for  updating  and  developing  relevant  EU  legislation,  in 

(a) 
particular in line with the development of international legislation in that field; 

(b) 
in  the  effective  implementation  of  relevant  EU  legislation,  in  particular  by  carrying-
out  inspections  as  referred  to  in  Article  3  of  this  Regulation  and  by  providing  technical 
assistance  to  the  Commission  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 Council31; it may address suggestions to the Commission for any possible improvements 
of relevant EU legislation; 

(c) 
in  the  provision  of  technical  assistance  necessary  to  take  part  in  the  work  of  the 
technical bodies of IMO, ILO, the Paris Memorandum of Understanding on Port State Control 
and other relevant international or regional organisations; 

(d) 
in  the  development  and  implementation  of EU  policies  related  to  the  Agency's  tasks 
such  as  Motorways  of  the  Sea,  the  European  maritime  space  without  barriers,  e-maritime, 
inland  waterways,  the  Marine  Strategy  Framework  Directive,  climate  change  and  in  the 
analysis of the safety of mobile offshore gas and oil installations; 

(e) 
in  the  implementation  of  EU  programmes  related  to  the  Agency's  tasks  such  as  the 
"Global  Monitoring  for  Environment  and  Security"  (GMES)  and  cooperation  programmes 
with European Neighbourhood countries; 

30 
31 

OJ L 314, 1.12.2007, p. 9. 
OJ L 129, 29.4.2004, p. 6. 

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(f) 
in  the  analysis  of  ongoing  and  completed  research  projects  relevant  to  the  fields  of 
activity  of  the  Agency;  this  shall  include  the  identification  of  possible  regulatory  follow-up 
measures  resulting  from  specific  research  projects  and  the  identification  of  key  themes  and 
priorities for further research at EU level; 

in the performance of any task assigned to it by existing and future EU legislation in 

(g) 
the relevant field. 

3. The Agency shall work with the Member States to: 

organise,  where  appropriate,  relevant  training  activities  in  fields  which  are  the 

(a) 
responsibility of the port State, flag State and coastal State; 

develop technical solutions, including the provision of relevant services, and provide 

(b) 
technical assistance related to the implementation of EU legislation; 

support with additional means in a cost efficient way, through the EU Civil Protection 
(c) 
Mechanism established by Decision 2007/779/EC, Euratom, their pollution response actions 
in case of accidental or deliberate marine pollution, when such a request has been presented; 
in  this  respect,  the  Agency  shall  assist  the affected  Member  State  under  which  the  cleaning 
operations are conducted. 

4. The Agency shall assist the Member States and the Commission in the following:  

in the field of traffic monitoring, the Agency shall in particular promote cooperation 
(a) 
between  riparian  States  in  the  shipping  areas  concerned  in  the  fields  covered  by  Directive 
2002/59/EC  of  the  European  Parliament  and  of  the  Council32,  develop  and  operate  any 
information  system  necessary  for  attaining  the  objectives  of  that  Directive.  Additionally,  it 
shall contribute to the development of the Common Information Sharing Environment for the 
EU maritime domain; 

regarding  the  investigation  of  maritime  accidents  in  accordance  with  Directive 
(b) 
2009/18/EC  of  the  European  Parliament  and  of  the  Council33;  the  Agency  shall  provide 
support  to  the  Member  States  in  the  conduct  of  investigations  related  to  serious  maritime 
accidents,  and  it  shall  carry  out  analysis  of  accident  investigation  reports  with  a  view  to 
identify added value at EU level in terms of lessons to be learnt; 

(c) 
in  providing  objective,  reliable  and  comparable  statistics,  information  and  data,  the 
Agency  shall  enable  the  Commission  and  the  Member  States  to  take  the  necessary  steps  to 
improve their actions and to evaluate the effectiveness of existing measures. Such tasks shall 
include the collection, recording and evaluation of technical data, 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  of  information  relating  to  ships  pursuant  to 
Directive 2009/16/EC of the European Parliament and of the Council34. The Agency shall also 
assist the Commission and the Member States in their activities to improve the identification 

32 
33 
34 

OJ L 208 of 5.8.2002, p.10. 
OJ L131 of 28.5.2009, p.114. 
OJ L 131 of 28.5.2009, p. 57. 

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18 

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and pursuit of ships making unlawful discharges in the context of Directive 2005/35/EC of the 
European Parliament and of the Council35. 

5. The Agency shall at the request of the Commission provide technical assistance as regards 
the implementation of relevant EU legislation to States applying for accession to the Union, to 
all  European  Neighbourhood  partner  countries  and  to  countries  taking  part  in  the  Paris 
Memorandum of Understanding on Port State Control. 

The Agency  shall  also  at  the  request  of  the  Commission  provide  assistance  in  case  of 
accidental  or  deliberate  marine  pollution  affecting  these  States,  via  the  EU  Civil  Protection 
Mechanism  established  by  Council  Decision  2007/779/EC,  Euratom  in  analogy  with  the 
conditions applicable to Member States as referred to in paragraph (3)(c) of this Article. 

These tasks shall be coordinated with the existing regional cooperation programmes and shall 
include, where appropriate, the organisation of relevant training activities. 

Article 3 

Inspections 

1. In order to perform the tasks entrusted to it and to assist the Commission in fulfilling its 
duties under the Treaty in particular the assessment of the effective implementation of Union 
law, the Agency shall carry out inspections in the Member States.  

The national authorities of the Member States shall facilitate the work of the Agency's staff. 

In  addition,  the  Agency  shall  carry  out  inspections  on  behalf  of  the  Commission  in  third 
countries  as  required  by  EU  legislation,  in  particular  regarding  organisations  recognised  by 
the Union in accordance with Regulation (EC) 391/2009 of the European Parliament and of 
the  Council36  and  the  training  and  certification  of  seafarers  in  accordance  with  Directive 
2008/106/EC of the European Parliament and of the Council37. 

2. The operational working methods of the Agency for conducting the inspections referred to 
in  paragraph  1  shall  be  subject  to  requirements  to  be  adopted  in  accordance  with  the 
procedure referred to in Article 23(2). 

3. Where appropriate, and in any case when a cycle of inspections is concluded, the Agency 
shall analyse reports from that cycle with a view to identifying horizontal findings and general 
conclusions  on  the  effectiveness  of  the  measures  in  place.  The  Agency  shall  present  this 
analysis to the Commission for further discussion with Member States.' 

2) 

In Article 5, paragraphs 3 and 4 are replaced by the following: 

'3.  At  the  request  of  the  Commission,  the  Administrative  Board  may  decide,  with  the 
agreement  of  the  Member  States  concerned,  to  establish  the  regional  centres  necessary  in 
order to carry out the Agency's tasks in the most efficient and effective way.  

35 
36 
37 

OJ L 255 of 30.9.2005, p.11. 
OJ L 131 of 28.5.2009, p. 11. 
OJ L 323 of 3.12.2008, p.33. 

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19 

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4. The Agency shall be represented by its Executive Director. On behalf of the Agency, the 
Executive Director may conclude administrative agreements with other bodies working in the 
Agency's fields of activities after having informed the Administrative Board.' 

3) 

In Article 10, paragraph 2 is amended as follows: 

(a) the point (c) is replaced by the following: 

'(c)  examine,  in  the  framework  of  the  preparation  of  the  work  programme,  requests  from 
Member States for technical assistance, as referred to in Article 2(3); 

(ca) adopt a multi-annual strategy for the Agency covering a period of five years ahead taking 
the opinion of the Commission into account; 

(cb) adopt the multi-annual staff policy plan of the Agency;' 

(b) point (g) is deleted. 

(c) point (i) is replaced by the following: 

'(i) exercise disciplinary authority over the Executive Director and the Heads of Department 
referred to in Article 16;' 

(d) point (l) is replaced by the following: 

'review the financial execution of the detailed plan referred to in point (k) and the budgetary 
commitments provided for in Regulation (EC) No 2038/2006 of the European Parliament and 
of the Council38.' 

4) 

Article 15 is amended as follows: 

(a) in paragraph 2, the points (a) and (b) are replaced by the following:  

'(a)  he  shall  prepare  the  multi-annual  strategy  of  the  Agency  and  submit  it  to  the 
Administrative  Board  after  consultation  of  the  Commission  at  least  8  weeks  before  the 
relevant Board meeting; 

(aa)  he  shall  prepare  the  multi-annual  staff  policy  plan  of  the  Agency  and  submit  it  to  the 
Administrative Board after consultation of the Commission; 

(ab)  he  shall  prepare  the  annual  work  programme  and  the  detailed  plan  for  the  Agency's 
pollution preparedness and response activities, and submit them to the Administrative Board 
after consultation of the Commission at least 8 weeks before the relevant Board meeting. He 
shall take the necessary steps for their implementation. He shall respond to any requests for 
assistance from a Member State in accordance with Article 10(2)(c); 

(b) he shall decide to carry out the inspections provided for in Article 3, after consultation of 
the Commission and in line with the requirements referred to in the same Article 3. He shall 
cooperate  closely  with  the  Commission  in  the  preparation  of  the  measures  referred  to  in 
Article 3(2);' 

38 

OJ L 394, 30.12.2006, p. 1. 

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(b) in paragraph 2, the point (d) is replaced by the following: 

'(d)  he  shall  organise  an  effective  monitoring  system  in  order  to  be  able  to  compare  the 
Agency's achievements with its objectives and tasks as laid down in this Regulation. He shall 
ensure  that  the  Agency's  organisational  structure  will  be  regularly  adapted  to  the  evolving 
needs  within  the  available  financial  and  human  resources.  On  this  basis  the  Executive 
Director  shall  prepare  a  draft  general  report  each  year  and  submit  it  to  the  Administrative 
Board. The report shall include a dedicated section 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 funded under that plan. He shall establish regular evaluation 
procedures that meet recognised professional standards;' 

(c) in paragraph 2, the point (g) is deleted. 

(d) paragraph (3) is deleted. 

5) 

Article 16 is replaced by the following: 

'Article 16 

Appointment of the Executive Director and the Heads of Department 

1. The Executive Director shall be appointed and dismissed by the Administrative Board. The 
appointment shall be made from a list of candidates proposed by the Commission for a period 
of  five  years  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  caused  by  ships  and  response  to  marine  pollution.  Before  appointment,  the 
candidate selected by the Administrative Board may be invited to make a statement before the 
competent committee of the European Parliament and answer questions put by its members. 
The Administrative Board shall take its decision by a four-fifths majority of all members with 
the right to vote. 

2. The Administrative Board, acting on a proposal from the Commission, taking into account 
the  evaluation  report  may  extend  the  term  of  office  of  the  Executive  Director  for  not  more 
than three years. The Administrative Board shall take its decision by a four-fifths majority of 
all  members  with  the  right  to  vote.  The  Administrative  Board  shall  inform  the  European 
Parliament  about  its  intention  to  extend  the  Executive  Director's  term  of  office.  Within  a 
month before the extension of his/her term of office, the Executive Director may be invited to 
make  a  statement  before  the  competent  committee  of  the  European  Parliament  and  answer 
questions  put  by  its  members.  If  the  term  of  office  is  not  extended,  the  Executive  Director 
shall remain in office until the appointment of his/her successor. 

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

4.  The  Heads  of  Department  shall  be  appointed  on  grounds  of  merit  and  documented 
administrative  and  managerial  skills,  as  well  as  professional  competence  and  experience 
relevant for maritime  safety, maritime security, prevention of pollution caused by ships and 
response to marine pollution. The Heads of Department shall be appointed or dismissed by the 
Executive Director after having received a positive opinion of the Administrative Board.' 

EN 

21 

   EN 

6) 

In Article 18 (1), point (c) is replaced by the following: 

'(c)  fees  and  charges  for  publications,  training  and/or  any  other  services  provided  by  the 
Agency.' 

7) 

In Article 22, paragraph 1 is replaced by the following: 

'1.  At  regular  intervals  and  at  least  every  five  years,  the  Administrative  Board  shall 
commission an independent external evaluation on the implementation of this Regulation. The 
Commission shall make available to the Agency any information the latter considers relevant 
to that evaluation.' 

8) 

Article 23 is replaced by the following: 

'Article 23 

Committee 

1.  The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the  Prevention  of 
Pollution from Ships (COSS) set up under Article 3 of Regulation (EC) No 2099/2002 of the 
European Parliament and of the Council39. 

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall 
apply, having regard to the provisions of Article 8 thereof.' 

Article 2 

Entry into force 

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

This Regulation shall be binding in its entirety and directly applicable in all Member States in 
accordance with the Treaties. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

39 

OJ L 324 of 29.11.2002, p 1. 

EN 

22 

   EN 

                                                 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative  

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

1.2. 

Policy area(s) concerned in the ABM/ABB structure40 

06: Energy and Transport 

0602: Inland, air and maritime transport policy 

060202: European Maritime Safety Agency 

Implementation  of  provisions  related  to  maritime  safety,  maritime  security,  pollution 
prevention and pollution response 

1.3. 

Nature of the proposal/initiative  

(cid:133) The proposal/initiative relates to a new action  

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action41  

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

(cid:133) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objectives 

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

Objectives/EU added value in line with Europe 2020:  

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

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

– Sustainable growth: promoting a more resource efficient, greener and more competitive 
economy.  The  Agency  contributes  to  the  prevention  of  pollution  by  vessels  and  the 
response to marine pollution in different areas. Shipping will contribute to the "20/20/20" 
climate/energy targets and the flagship initiative "Resource efficient Europe". The Agency 
will play its role in the sector implementation. 

40 
41 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

23 

   EN 

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

Contribution from DG MOVE to Annual Policy Strategy 2010: 

Development, management and coordination of  agencies (this includes EMSA) is part of 
DG MOVE's core business activities 

Implementation  of  the  third  maritime  safety  package  to  which  EMSA  contributes  is 
likewise part of DG MOVE's core business activities 

In  its  Communication  "Strategic  goals  and  recommendations  for  the  EU's  maritime 
transport  policy  until  2018",  the  Commission  stated  its  intention  to  "revise  the  mandate 
and the functioning of the European Maritime Safety Agency, in order to further enhance 
the  technical  and  scientific  assistance  it  can  give  to  the  Member  States  and  the 
Commission" (COM(2009)8, 21.01.2009, p. 7). 

1.4.2. 

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

Budget area 06 02 Specific objective No. 3 

Improve transport safety 

ABM/ABB activity(ies) concerned 060202 European Maritime Safety Agency 

1.4.3.  Expected result(s) and impact 

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

Enhanced technical assistance by EMSA to the Member States and the Commission 

Technical  Assistance  by  EMSA  to  neighbouring  countries  to  promote  the  EU  maritime 
safety policy 

1.4.4. 

Indicators of results and impact  

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

EMSA  defines  performance  indicators  in  its  annual  work  programmes.  These  are 
monitored  constantly  by  the  Administrative  Board.  The  annual  report  is  the  main 
monitoring tool. 

1.5. 

Grounds for the proposal/initiative  

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

limited expansion of EMSA's mandate to new tasks 

1.5.2.  Added value of EU involvement 

EMSA was created as an EU Agency to assist in the implementation of the EU maritime 
safety policy. 

EN 

24 

   EN 

1.5.3.  Lessons learned from similar experiences in the past 

EMSA's specific evaluation in 2008 as well as the general evaluation of the EU Agencies 
in 2009 have both shown the added value provided by the Agency to the Commission and 
the Member States. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

The proposal is coherent with the EU maritime safety policy and legislation and is a follow 
up to the adoption of the third maritime safety package in 2009. 

1.6. 

Duration and financial impact  

(cid:133) Proposal/initiative of limited duration  

–  (cid:133) Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–  (cid:133) Financial impact from YYYY to YYYY  

⌧ Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from 2012 to 2014, 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged42  

(cid:133) Centralised direct management by the Commission  

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

–  (cid:133) executive agencies  

–  ⌧ bodies set up by the Communities43  

–  (cid:133) national public-sector bodies/bodies with public-service mission  

–  (cid:133) persons entrusted with the implementation of specific actions pursuant to Title V of 
the  Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the 
meaning of Article 49 of the Financial Regulation  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

42 

43 

EN 

Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

25 

   EN 

                                                 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

All  EU  agencies  are  working  under  a  strict  monitoring  system  involving  internal  audit 
capability,  the  Internal  Audit  Service  of  the  Commission,  the  Administrative  Board,  the 
Commission, the Court of Auditors and the Budgetary Authority. This system will continue. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

None 

2.2.2.  Control method(s) envisaged  

Not applicable 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

The anti-fraud measures under Article 20 of this Regulation continue to apply. 

EN 

26 

   EN 

3. 

3.1. 

Heading of 
multiannual 
financial 
framework 

1a 

1a 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

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

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

DA/NDA 
(44) 

from 
EFTA45 
countries 

from 
candidate 
countries46 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

06.02.02.01 

[Contribution to EMSA Titles I and II] 

06.02.02.02 

[Contribution to EMSA Title III] 

DA 

YES 

NO 

NO 

NO 

DA 

YES 

NO 

NO 

NO 

44 
45 
46 

EN 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

27 

   EN 

                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

1a 

Growth and Competitiveness 

DG: MOVE 

2012 

2013 

2014 

2015 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

EUR million (to 3 decimal places) 

(cid:121) Operational appropriations  

Number of budget line 06.02.02 

Appropriations 
of 
from the envelop of specific programs47  
Number of budget line 

an 

administrative 

Commitments 

Payments 

(1) 

(2) 

0.490 
0.490 

0.900 
0.900 

1.224 
1.224 

1.249 
1.249 

nature 

financed 

TOTAL appropriations 
for DG MOVE 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelop of specific programs  

(3) 

=1+1a 
+3 

=2+2a 

+3 

(4) 

(5) 

(6) 

0 

0 

0 

0 

0.490 

0.900 

1.224 

1.249 

0.490 

0.900 

1.224 

1.249 

0.490 

0.490 

0.900 

0.900 

1.224 

1.224 

1.249 

1.249 

0 

0 

0 

0 

TOTAL appropriations  
under HEADING 1a 
of the multiannual financial framework 

Commitments 

=4+ 6 

0.490 

0.900 

1.224 

1.249 

Payments 

=5+ 6 

0.490 

0.900 

1.224 

1.249 

3.863 
3.863 

3.863 

3.863 

3.863 

3.863 

3.863 

3.863 

47 

EN 

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

28 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

2012 

2013 

2014 

2015 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  

TOTAL 

EUR million (to 3 decimal places) 

DG: MOVE 

(cid:121) Human resources  
(cid:121) Other administrative expenditure  

0.122 

0.124 

0.126 

0.129 

0 

0 

0 

0 

TOTAL DG MOVE 

Appropriations  

0.122 

0.124 

0.126 

0.129 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

0.122 

0.124 

0.126 

0.129 

0.501 

0.501 

0.501 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

Payments 

2012 

2013 

2014 

2015 

0.612 

1.024. 

1.350 

1.468 

0.612 

1.024. 

1.350 

1.468 

EUR million (to 3 decimal places) 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

4.454 

4.454 

EN 

29 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations  

–  (cid:133) The proposal/initiative does not require the use of operational appropriations  

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

Indicate 
objectives and 
outputs  

2012 

2013 

2014 

2015 

… enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

TOTAL 

OUTPUTS 

Commitment appropriations in EUR million (to 3 decimal places) 

(cid:216) 

Type 
of 
output
48 

Avera
ge 
cost  
of the 
ouput 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

SPECIFIC OBJECTIVE No 149 
Improve Transport Safety… 

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

Total 
numbe
r of 
ouputs 

Total  
cost 

- Output 

TA 150  98.050

51

- Output 

TA 253 

452 

154 

0.392 

0.098 

TOTAL COST 

5 

0.490 

7 

2 

9 

0.700 

0.200 

9 

3 

0.918 

0.306 

9 

3 

0.900 

12 

1.224 

12 

0.936 

0.313 

1.249 

2.946 

0.917 

3.863 

48 
49 
50 
51 

52 

53 
54 

EN 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 
The different forms of output can be best described as Technical Assistance (TA) to Commission and Member States 
The  average  cost  per  EMSA  employee  is  estimated  at  98.050  EUR  (EMSA  calculates  annual  cost  per  staff  member  at  91.550  EUR  for  2011  +  5  %  for  overheads, 
infrastructure and travel costs + 2 % inflation for 2012). Amounts are indexed by 2% as from 2013 (= n+1). 
The "number of outputs" is calculated as number of new posts required. The additional human resources required by EMSA under this output are estimated at a total of + 
15 FTE out of which 6 will be provided by EMSA through internal redeployment following an internal screening of its activities and resources. The 9 new posts should 
be phased in the following way: 4 new posts in 2012, 3 in 2013 and 2 in 2014.  
This output concerns Technical Assistance to neighbouring third countries 
The "number of outputs" is calculated as number of new posts required. The additional human resources required by EMSA under this output are estimated at + 3 FTE (to 
be phased in over three years by 1 additional post per year). 

30 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133) The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  ⌧ The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to 3 decimal places) 

2012 

2013 

2014 

2015 

… enter as many years as necessary 
to show the duration of the impact 
(see point 1.6) 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

0.122 

0.124 

0.126 

0.129 

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

0 

0 

0 

0 

0.122 

0.124 

0.126 

0.129 

TOTAL 

0.122 

0.124 

0.126 

0.129 

0.501 

0.501 

0.501

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.2.   Estimated requirements of human resources  

–  (cid:133) The proposal/initiative does not require the use of human resources  

–  ⌧ The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

2012 

2013 

2014 

2015 

… enter as many years as 
necessary to show the 
duration of the impact 
(see point 1.6) 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX 01 01 01 (Headquarters and Commission’s 
Representation Offices) 

1 

1 

1 

1 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)55 

XX 01 02 01 (CA, INT, SNE from the "global 
envelope") 

XX 01 02 02 (CA, INT, JED, LA and SNE in 
the delegations) 

XX 01 04 yy 56 

- at Headquarters57 

- in delegations  

XX 01 05 02 (CA, INT, SNE - Indirect 
research) 

10 01 05 02 (CA, INT, SNE - Direct research) 

Other budget lines (specify) 

TOTAL 

1 

1 

1 

1 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

55 

56 
57 

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;  
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Description of tasks to be carried out: 

Officials and temporary agents 

Coordinate  relations  between  the  Commission  and  the  Agency,  Monitoring  of  the 
Agency's activities, Preparation of the Commission input to the Agency's work 

EN 

33 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework  

–  ⌧ Proposal/initiative  is  compatible  with  the  current  multiannual  financial 

framework. 

–  (cid:133) Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

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

[…] 

–  (cid:133) Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework58. 

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

[…] 

3.2.5.  Third-party contributions  

–  The proposal/initiative does not provide for co-financing by third parties  

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

Appropriations in EUR million (to 3 decimal places) 

Total 

0.087 

0.087 

2012 

2013 

2014 

2015 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

EFTA  Contribution  from 
Norway 
Iceland 
and 
calculated  at  2%  of  the 
additional budget 

TOTAL appropriations 
cofinanced  

0.012 

0.020 

0.027 

0.028 

0.012 

0.020 

0.027 

0.028 

3.3. 

Estimated impact on revenue  

–  ⌧ Proposal/initiative has no financial impact on revenue. 

–  (cid:133) Proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources  

on miscellaneous revenue  

58 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

34 

   EN