REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Regulation 2038/2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships for the period 2007-2009  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Regulation 2038/2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships for the period 2007-2009
Date: 2011-05-23
Institutions: European Commission
Subjects: EU financing, European Maritime Safety Agency, budget, maritime safety, pollution control measures, pollution from ships

EUROPEAN COMMISSION 

Brussels, 23.5.2011 
COM(2011) 286 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the implementation of Regulation 2038/2006 on multiannual funding for the action of 
the European Maritime Safety Agency in the field of response to pollution caused by 
ships for the period 2007-2009 

 
 
 
 
  
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the implementation of Regulation 2038/2006 on multiannual funding for the action of 
the European Maritime Safety Agency in the field of response to pollution caused by 
ships for the period 2007-2009 

1. 

INTRODUCTION 

Regulation  2038/20061  provides  a  financial  envelope  to  the  European  Maritime  Safety 
Agency  (thereafter  "the  Agency")  to  finance  actions  in  the  field  of  response  to  pollution 
caused by ships. 

In accordance with Article 8 of the above Regulation, the Commission hereby reports on the 
results of the utilisation of these funds for the period 1 January 2007 until 31 December 2009. 

The  preparation  of  this  report  was  done  in  close  cooperation  with  the  Agency,  which 
produced  a  substantial  contribution2,  with  input  resulting  from  the  Agency's  external 
evaluation  in  2008,  an  audit  from  the  Commission's  Internal  Audit  Service  in  2009  and  a 
stakeholder consultation in March 2010. The matter was also discussed at several meetings of 
the Agency's Administrative Board. 

In  accordance  with  Article  15(2)(g)  of  Regulation  1406/20023,  the  Agency  has  provided 
annual  reports  concerning  the  financial  execution  of  the  detailed  plan  for  the  Agency's 
pollution preparedness and response activities for the years 2007 to 2010. These reports are 
available on the Agency's Website. 

The  Commission  shares  the  analysis  presented  by  the  Agency  in  its  contribution.  The 
following main conclusions can be drawn for the period 2007-2009. 

2. 

TASKS OF THE AGENCY IN THE FIELD OF POLLUTION RESPONSE   

The  tasks  of  the  Agency  cover  both  accidental  and  illegal  discharges.  Initially,  they  were 
focused on oil pollution. However, since 2007 the Agency has also been active in the field of 
maritime pollution caused by hazardous and noxious substances (e.g. chemicals). 

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3 

Regulation (EC) No 2038/2006 of the European Parliament and of the Council of 18 December 2006 on 
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) n° 1406/2002 (OJ L 394 of 30.12.2006, p. 1. 
See also corrigendum in OJ L 30 of 3.2.2007 p. 12). 
Available on EMSA's website at: 
https://extranet.emsa.europa.eu/index.php?option=com_joomdoc&task=cat_view&gid=298&Itemid=10
0005  
Regulation  (EC)  No  1406/2002  of  the  European  Parliament  and  of  the  Council  of  27  June  2002 
establishing a European Maritime Safety Agency (OJ L 245 of 29.03.2003, p. 10). 

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In  accordance  with  Regulation  2038/2006  and  Directive  2005/35/EC  on  ship  source 
pollution4, the three main tasks of the Agency in the field of response to pollution caused by 
ships are the following: 

(a) Operational assistance to Member States  

The Agency offers a network of stand-by oil spill response vessels to "top up" Member States 
response capacity when affected by a spill. It also provides a satellite based oil spill detection 
and monitoring service called "CleanSeaNet" and information on chemical spills through the 
"MAR-ICE" network. 

(b) Cooperation and coordination 

The  Agency  is  liaising  with  pollution  response  experts  of  Member  States  as  well  as  with 
existing Regional Agreements and the International Maritime Organisation (IMO). 

(c) Information 

The Agency collects, analyses and disseminates information on best practices, techniques and 
innovation in the field of marine pollution preparedness and response. 

3. 

BUDGET 

The  total  envelope  allocated  to  the  Agency  to  finance  the  above  actions  during  the  period 
from 1st January 2007 until 31 December 2013 amounts to 154 million euros (see Article 4 of 
Regulation  2038/2006).  Of  this  amount,  around  60  million  euros  (i.e.  almost  40  %)  were 
committed during the first three years. This corresponds to a proportionate use of the funds 
available. 

Between  1st  January  2007  and  31  December  2009,  about  98  %  of  the  commitments  were 
dedicated to financing operational assistance, predominantly the network of stand-by oil spill 
response vessels. The remaining 2 % were dedicated to cooperation and information (see table 
in Annex). 

Payments amount to around 48 million euros. The fact that payments are below commitments 
can  be  explained  by  a  number  of  factors.  Payments  under  multi-annual  contracts  may  be 
spread  over  a  number  of  years,  sometimes  beyond  the  reference  period.  Besides,  delays  in 
relation  to  new  contracts  for  stand-by  vessels  or  unsatisfactory  services  by  satellite  image 
providers have also resulted in lower payments. 

4. 

ADEQUACY OF THE FINANCIAL FRAMEWORK 

It  follows  from  the  information  gathered  that  the  envelope  allocated  to  the  Agency  is 
adequate. It has allowed the Agency to have in place in 2009 a network of 13 fully equipped 
stand-by  oil  spill  response  vessels  which  can  be  mobilised  simultaneously  and  which  are 

4 

Directive  2005/35/EC  of  the  European  Parliament  and  of  the  Council  of  7 September  2005  on  ship-
source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11) 

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covering  most  of  the  EU  coastline5.  It  has  also  allowed  the  Agency  to  develop  the 
CleanSeaNet  system  offering  an  oil  spill  monitoring  service  by  satellite  to  24  European 
coastal  States  (including  Croatia  and  Norway)  while  only  12  of  these  coastal  States  had 
previous  experience  in  this  field.  Feedback  from  stakeholders  is  also  positive  on  the 
coordination and information actions provided for by the Agency under the framework. 

The  fact  that  the  financial  framework  is  multiannual  is  essential  to  allow  the  conclusion  of 
multiannual contracts with the industry. Such contracts are needed both in relation to stand-by 
oil spill response vessels and for organising CleanSeaNet. 

Finally, the adequacy of the financial framework is confirmed in the longer term by the fact 
that the Agency foresees the commitment of up to 97% of the overall financial envelope by 
the end of 2013. 

5. 

EFFICIENCY AND ADDED VALUE OF THE SYSTEM IN PLACE  

The measures financed so far under the framework are cost efficient and provide added value. 
Besides, the use of public procurement procedures guarantees that the best value for money is 
obtained. 

In  accordance  with  the  detailed  plan  for  the  Agency's  pollution  and  preparedness  activities 
adopted by the Agency's Administrative Board, oil spill response vessels have not been built 
or  acquired  by  the  Agency,  as  this  would  not  have  been  cost  efficient  considering  their 
frequency of use. Instead, vessels are contracted from commercial operators through a system 
ensuring  that  they  are  both  adequately  fitted  and  available  upon  request.  Figures  show  that 
choosing  this  system  instead  of  buying  vessels  has  reduced  costs  by  around  60%  per  year 
even  though  providing  60%  more  storage.  The  "transferable  call  option"  on  the  equipment 
allowing passing it on to another ship is essential as it minimises investment losses in case of 
change of contractor.  

The primary responsibility to respond to an incident is, and remains, with national authorities 
whose  investments  vary  considerably.  However,  spill  scenarios  drawn  up  by  the  Agency, 
essentially  based  on  major  incidents  having  occurred  in  the  past  (e.g.  the  Erika  and  the 
Prestige), clearly show that the affected Member State would have benefited from substantial 
savings, should the network of vessels have been in place at the time. 

Organising  the  oil  spill  detection  and  monitoring  system  at  EU  level  is  also  less  costly  (by 
around 20 %) and more efficient than doing it at national level. Indeed, on average, one image 
acquired  covers  the  needs  of  nearly  two  coastal  States  (with  6.391  images  ordered,  the 
Agency  was  able  to  reply  to  11.886  national  requests).  The  rigorous  quality  control  system 
put  in  place  by  the  Agency  also  ensures  that  payments  are  only  made  when  contractual 
specifications are fully met. 

5 

The  network  was  further  extended  since  then.  Vessels  are  at  the  disposal  of  all  Member  States 
regardless of their actual area of operation. Maps can be found in the Agency's contribution referenced 
in footnote 2.  

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6. 

SCOPE FOR IMPROVEMENT BEYOND THE FINANCIAL FRAMEWORK 

The  Commission  notes  that  a  number  of  improvements,  outside  the  financial  framework, 
remain possible. 

Firstly,  the  ratification  by  all  Member  States  of  the  relevant  international  conventions  is 
essential  to  create  a  common  minimum  level  of  preparedness  and  response.  It  is  therefore 
regrettable that the International Convention on Oil pollution Preparedness, Response and Co-
operation, 1990 (OPRC 1990) and the Protocol to the Convention  on pollution  incidents  by 
Hazardous and Noxious Substances of 2000 (OPRC-HNS Protocol 2000) have not yet been 
ratified  by  all  Member  States.  Similarly,  the  conventions  setting  up  the  international 
compensation regime for the victims of spills resulting from accidents involving tankers (CLC 
926,  Fund  927,  and  Supplementary  Fund  20038)  have  not  yet  been  ratified  by  all  Member 
States. 

Secondly,  the  availability  of  discharging  facilities  for  oil  recovered  at  sea  seems  to  be  a 
common  problem  across  Europe.  The  "lightering  clause"  inserted  by  the  Agency  in  vessels 
contracts  (i.e.  the  provision  according  to  which  the  contractor  may  be  requested  to  find  a 
suitable lightering vessel), contributes to addressing the issue but cannot replace appropriate 
solutions at national level. 

Finally,  the  follow-up  of  potential  oil  spills  detected  by  the  CleanSeaNet  service  could  be 
improved in some Member  States. While the Agency is in charge of delivering the oil spill 
detection and monitoring service, it is up to the national authorities to confirm a possible spill 
and  undertake  appropriate  follow-up  against  the  polluter.  The  overall  rate  of  confirmation 
(27%)  hides  strong  regional  imbalances  based  on  national  verification  capabilities  in 
particular  by  aerial  surveillance.  This  bears  the  risk  that  unscrupulous  ship  operators  might 
carry out illegal discharges in regions where the follow-up is less stringent. 

7. 

CONCLUSIONS 

In conclusion, the budget dedicated to oil pollution response by the European Maritime Safety 
Agency is adequate and the measures financed so far under the framework are cost efficient 
and provide added value. 

The Commission proposed in October 2010 a modification of EMSA's Founding Regulation9, 
which includes inter alia the provision that the affected Member State may request EMSA's 
assistance also in the case of marine pollution caused by oil and gas installations. However, 
the  Commission  does  not  consider  necessary  to  propose  a  modification  to  the  multiannual 
financial framework in Regulation 2038/2006. 

The  Commission  will  use  the  Agency's  contribution  to  this  report  in  the  context  of  the 
preparation of the next financial programming. 

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9 

Protocol  of 1992  to  amend  the  International  Convention on  Civil  Liability  for  Oil  Pollution Damage, 
1969. 
Protocol of 1992 to amend the International Convention on the Establishment of an International Fund 
for Compensation for Oil Pollution Damage, 1971. 
Protocol  of  2003  to  the  International  Convention  on  the  Establishment  of  an  International  Fund  for 
Compensation for Oil Pollution Damage, 1992. 
COM(2010)611 of 28.10.2010. 

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ANNEX 

EMSA Pollution Preparedness and Response Activities 

Financial Summary 2007-2009 

Commitments 
in EUR 

Payments 
in EUR 

Network of Stand-by Oil Spill Response Vessels 

46,363,654.42 

34,559,298.86

Exercises 

Improvements 

1,157,500.00 

1,082,555.37

5,324,730.86 

4,547,630.50

CleanSeaNet Operations 

2,859,946.40 

4,671,731.14

Support to CleanSeaNet Users 

358,270.53 

223,995.50

CleanSeaNet Service Development 

2,673,615.53 

2,283,212.01

Co-operation and co-ordination  

564,458.95 

347,445.45

Activities in the field of HNS response  

79,100.00 

37,564.23

Information Dissemination  

50,054.79 

61,138.64

Related missions  

Total  

475,052.70 

379,498.10

59,906,384.18 

48,194,069.80

Note:  In  the  two  areas,  where  payments  are  exceeding  commitments,  some  payments  are 
related to commitments made prior to 2007. 

Overview of the allocation of funding 

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