Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency (Text with EEA relevance)
Date: 2015-12-15
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: European Fisheries Control Agency, European Maritime Safety Agency, European cooperation, common fisheries policy, external border of the EU, fishery management, fishing controls, maritime safety

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   EUROPEAN COMMISSION  Strasbourg, 15.12.2015  COM(2015) 669 final 2015/0308 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency  (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

There  are  currently  more  than  300  civilian  and  military  authorities  in  the  Member  States 
responsible for carrying out  coastguard functions in a wide range of areas such as maritime 
safety, security, search and rescue, border control, fisheries control, customs control, general 
law  enforcement  and  environmental  protection.  A  number  of  EU  agencies,  in  particular  the 
European  Border  and  Coast  Guard  Agency,  the  European  Maritime  Safety  Agency  and  the 
European Fisheries Control Agency, support the national authorities in the exercise of these 
functions. 

In 2014, the Commission finalised a feasibility study to examine the need for improved co-
operation  and  co-ordination  between  national  bodies  and  agencies  carrying  out  coastguard 
functions. This study identifies a range of issues for closer collaboration, in particular in the 
areas of operational surveillance and data sharing which underpins all these functions. 

The  need  to  enhance  collaboration  and  co-ordination  between  authorities  carrying  out 
coastguard  functions  has  subsequently  been  acknowledged  in  the  Union  maritime  transport 
legislation, the European Union Maritime Security Strategy with an Action Plan adopted by 
the Council in 2014 and in the European Agenda on Migration adopted by the Commission in 
2015. 

The  purpose  of  this  legislative  proposal  reinforcing  European  co-operation  on  coastguard 
functions is to improve co-operation and co-ordination between the relevant EU agencies in 
order to  enhance synergies between their respective services, thus allowing them to provide 
more  efficient  and  cost  effective  multipurpose  services  to  national  authorities  carrying  out 
coastguard functions. 

This  legislative  proposal  forms  part  of  a  set  of  measures  proposed  by  the  Commission  to 
reinforce  the  protection  of  Europe's  external  borders,  including  European  cooperation  on 
coastguard  function,  which  also  includes  a  proposal  to  amend  Council  Regulation  (EC)  No 
1406/2002  establishing  a  European  Maritime  Safety  Agency  (EMSA)  and  a  proposal  for  a 
Council  Regulation  establishing  a  European  Border  and  Coast  Guard  Agency.  .The 
substantive  amendments  in  this  proposal  are  identical  to  the  proposed  amendments  to  the 
Regulation  establishing  EMSA  and  the  proposed  provisions  on  European  coastguard  co-
operation  in  the  proposal  for  a  Regulation  establishing  European  Border  and  Coast  Guard 
Agency. 

• 

Consistency with existing policy provisions in the policy area 

This  Proposal  is  consistent  with  the  fisheries  control  policy  which  aims  at  fostering  the 
implementation  of  the  Common  Fisheries  Policy  by  stepping  up  the  fight  against  Illegal, 
Undeclared, and Unreported (IUU) fishing and an effective Union fisheries control system. It 
is  also  consistent  with  the  development  and  implementation  of  the  Union's  Integrated 
Maritime  Policy  in  a  complementary  manner  to  the  Common  Fisheries  Policy.  Finally,  it  is 
consistent  with  the  EFCA's  competencies,  which  include  the  implementation  of  the  EU 
Integrated Maritime Policy and the fight against IUU fishing. 

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• 

Consistency with other Union policies 

The objective of this initiative is to improve co-operation and co-ordination between relevant 
Member  State  authorities,  EU  agencies  and  other  bodies  performing  coastguard  functions, 
with a view to move towards a European coastguard capacity/system. The underlying problem 
is  that  coastguard  functions,  such  as  border  control,  search  and  rescue  operations,  fisheries 
control,  pollution  control  etc.,  are  currently  carried  out  by  more  than  300  authorities  in 
Member States, which are not always well coordinated even at national level. By promoting 
collaboration  and  co-ordination  between  authorities  carrying  out  coastguard  functions,  this 
proposal  is  fully  consistent  with  Union  policies  on  migration  as  well  as  on  transport  and 
mobility. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Article 43(2) of the TFEU on establishing provisions for the pursuit 
of the objectives of the CFP. 

• 

Subsidiarity (for non-exclusive competence)  

The  proposal  deals  with  support  to  national  authorities  carrying  out  coastguard  functions  at 
national and Union level, and where appropriate at international level. It therefore forms part 
of  the  control  policy  aiming  at  implementing  an  effective  system  of  control  so  as  to  ensure 
compliance with all the rules of the CFP, which is an exclusive competence of the Union. So 
the subsidiarity principle does not apply in this context. 

• 

Proportionality 

The  proposal  aims  at  reinforcing  the  EU's  Coast  Guards  capacity  to  response  to  threats  and 
risks in the maritime domain by inter alia improving co-operation between all relevant civilian 
and military actors. This will avoid duplication of effort while ensuring that the main actors 
(in  particular  EU  agencies)  act  in  a  coherent  and  efficient  manner  and  develop  synergies 
together.  It  takes  into  account  the  need  to  have  more  control  in  the  maritime  area  while 
limiting the workload for national and EU administrations. 

• 

Choice of the instrument 

As  the  purpose  of  the  proposal  is  to  modify  the  Regulation  establishing  a  Community 
Fisheries Control Agency, it is necessary to propose a Regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

N/A (this initiative aims at implementing commitments contained in the European Agenda on 
migration referring to Coastguard activities). 

Stakeholder consultations 

Collection and use of expertise 

• 

N/A 

• 

N/A 

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Impact assessment 

N/A: specific action on Coastguard capacities has not been subject to any previous action at 
EU level. There is consequently no existing policy to evaluate. 

There was however a feasibility study1 commissioned by DG MOVE and carried out in 2014. 
This  study  identified  some  316  civilian  and  military  Member  States'  authorities,  which  are 
responsible  for  coastguard  functions  and  collaborating  via  70  different  structures.  It 
highlighted key shortcomings with the existing co-operation such as the lack of information 
on the remit, powers and capabilities of other authorities; the limited number of operational 
assets; the lack of interoperability of systems, processes and assets; the limited joint planning 
and joint operations. 

• 

Regulatory fitness and simplification 

The initiative is not part of the REFIT agenda but should apply its main principles. 

Fundamental rights 

• 

N/A 

4. 

BUDGETARY IMPLICATIONS 

This  initiative  will  imply  an  increase  in  the  EU  contribution  to  the  EFCA  of  around  7,5 
million per year (that is 30.148 million for the 2017 to 2020 period) and the recruitment of 13 
TA staff (see the legislative financial statement attached). 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

As this measure will be implemented by the EFCA, its evaluation will be included in the 5-
year evaluation of the agency, which findings and recommendations shall be forwarded by the 
Commission to the European Parliament and the Council and shall be made public.   

Explanatory documents (for directives) 

• 

N/A 

• 

Detailed explanation of the specific provisions of the proposal 

The EFCA is currently in charge of contributing to the fight against IUU. EFCA's experience 
in  the  fight  against  IUU  fishing  in  the  international  dimension  is  instrumental  to  European 
coastguard  capacity  and  border  control  because  IUU  fishing  is  frequently  related  to  other 
criminal  maritime  activities.  EFCA  has  developed  expertise  in  risk  management  strategies, 
identification of possible IUU interests through the analysis of thousands of catch certificates, 
operational  coordination  and  inspection  including  in  the  international  dimension.  In  this 
regard,  the  Agency  actively  assists  third  countries  through  the  delivering  of  training  and 
capacity-building  activities.  Thanks  to  its  international  mandate,  the  EFCA  has,  so  far, 
developed  robust  expertise  in  implementing  common  inspection  platforms  and  maintains 
privileged network with EU and third countries. In a recent past, EFCA exchanged inspectors 
with Turkey in the Mediterranean Sea and regularly provides training seminars mustering EU 

1 

http://ec.europa.eu/transport/modes/maritime/studies/doc/2014-06-icf-coastguard.pdf 

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inspectors  and  inspectors  of  Albania,  Turkey,  Lebanon,  Israel,  Egypt,  Tunisia,  Algeria  and 
Morocco.  

1. 

2. 

3. 

The  regulation  covers  sharing  information  generated  by  fusing  and  analysing  data 
available  in  ship  reporting  systems  and  other  information  systems  hosted  by  or 
accessible to the Agencies. It will foster intelligence sharing amongst the Agencies. 
This  will  permit  the  EFCA  to  implement  systems  for  inter-agency  exchange,  to 
launch all related feasibility studies and establish permanent service for data, and EU 
data  node.  By  taking  stock  of  its  experience  in  the  Monitoring,  Control  and 
Surveillance  (MCS)  measures  applying  to  fisheries  through  the  concepts  of  Joint 
Deployment Plans and Union inspectors and by enlarging the scope and organising 
joint  operations  with  inspectors  having  empowerments  relating  to  different  policies 
(human  trafficking,  migrant  smuggling,  fisheries,  border  guard,  environment,  drug 
trafficking, weapon trafficking, vessel safety, etc.), the EFCA will be in capacity to 
better  support  the  exchange  of  data  collected  on  the  occasion  of  its  control  and 
inspection activities which include, inter alia, Vessel Monitoring Systems (VMS) and 
Electronic  Reporting  Systems  (ERS).  VMS  data  are  satellite-based  monitoring 
systems. They make it possible to have a real-time position as well as the history of 
the movements at sea of any vessel and at any time. These data are very useful in the 
context of the migration control as they enable border control as well as search and 
rescue  operations.  They  may  enable  the  detection  of  a  fishing  vessel  stopping  in  a 
port to  embark immigrants. As these data also include the speed  of the vessel, it is 
possible  to  detect  for  instance  a  vessel  sailing  at  a  slower  pace  because  it  is  heavy 
loaded with migrants or because it tracks another vessel behind it. ERS systems are 
used by fishermen to electronically record and report data on their fishing activities. 
They  consequently  permit  the  detection  of  any  abnormal  or  illegal  activities  by 
comparison  with  similar  data  related  to  similar  activities  in  a  given  area.  As  these 
data also include a landing declaration, they make it possible to know where a vessel 
has landed and eventually embarked illegal migrants.  

The regulation covers  providing  surveillance  and communication  services  based on 
state-of-the-art  technology,  including  space-based  and  ground  infrastructure  and 
sensors  mounted  on  any  kind  of  platform.  This  will  permit  the  Agency  to 
institutionalise  cooperation  between  national,  European  and  international  partners. 
The Agency will thus be in a capacity of developing a high-level Monitoring Control 
and  Surveillance  risk  framework  which  displays  the  national  and  regional 
frameworks  currently  in  place.  In  particular,  it  will  allow  the  implementation  of 
activities  aiming  at  detecting  any  irregular  activities  in  coordination  with  the  other 
Agencies.  Over  the  past  years,  EFCA,  through  its  participation  in  relevant  FP7 
projects  and  its  cooperation  with  EMSA  for  the  development  of  the  EFCA 
MARSURV  IMDatE,  has  gained  a  significant  experience  with  the  correlation, 
analysis  and  interpretation  of  maritime  information.  Today  EFCA  has  a  renowned 
capacity  to  perform  detailed  behaviour  monitoring,  which  in  turn  leads  to  a  more 
efficient  deployment of  available patrol means. Being listed as  a future  Copernicus 
Security Services end-user, EFCA intends to further develop and share this capacity 
and its outputs with other Agencies. 

The  regulation  covers  capacity  building  at  national  and  Union  level  by  elaborating 
guidelines, recommendations and best practices as well as by supporting the training 
and  exchange  of  staff,  with  a  view  to  enhance  the  exchange  of  information  and 
cooperation on coastguard functions. This will permit the EFCA to raise awareness 
of maritime safety, security, search and rescue and border and fishery control. It will 

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4. 

permit  the  Agency  enhancing  expertise  through  the  establishment  and  diffusion  of 
training  materials  and  handbooks.  EFCA  can  also  provide  expert  recommendations 
on  efficient  enforcement  methods  relating  to  control  surveillance  and  monitoring 
regulations. 

The  regulation  covers  capacity  sharing,  including  the  planning  and  implementation 
of  multipurpose  operations  and  the  sharing  of  assets  and  other  capabilities  across 
sectors  and  borders.  It  will  permit  the  EFCA  to  increase  its  control  and  inspection 
activities and conduct new type of operations aiming at detecting criminal activities, 
disrupt trafficking routes and ensure the enforcement of EU and national legislations. 
Chartering a patrol vessel will make possible and effective a multipurpose approach 
to  detect  not  only  illegal  fishing  activities  and  other  criminal  activities,  but  also 
support a more effective management of the EU's external borders in general. 

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2015/0308 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 768/2005 establishing a Community Fisheries 
Control 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 43 (2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

National authorities carrying out coastguard functions are responsible for a wide range 
of missions, including but not limited to maritime safety, security, search and rescue, 
border  control,  fisheries  control,  customs  control,  general  law  enforcement  and 
environmental protection.  
The  European  Border  and  Coast  Guard  Agency  established  by  Regulation  XX/XX2, 
the  European  Fisheries  Control  Agency  and  the  European  Maritime  Safety  Agency 
established  by  Regulation  (EC)  No  1406/2002  of  the  European  Parliament  and  the 
European  Council3  support  the  national  authorities  in  the  exercise  of  most  of  these 
functions.  

They  should  therefore  strengthen  their  cooperation  with  each  other  and  with  those 
national authorities carrying out coastguard functions in order to increase the maritime 
situational awareness and to support coherent and cost-efficient action. 

(4) 

Regulation (EC) No 768/2005 should therefore be amended accordingly,  

HAVE ADOPTED THIS REGULATION: 

Regulation (EC) No 768/2005 is hereby amended as follows: 

Article 1 

Amendments 

2 
3 

Regulation XX/XX of the European Parliament and of the Council of XX etc 
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 208, 5.8.2002, p.1). 

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(1) In Article 3, the following point is inserted: 

(j)  to  cooperate  with  the  European  Border  and  Coast  Guard  Agency  and  the  European 
Maritime Safety Agency to support the national authorities carrying out coastguard functions 
by  providing  services,  information,  equipment  and  training  as  well  as  by  coordinating 
multipurpose operations. 

(2) The following Article 7a is inserted: 

Article 7a 

European cooperation on coastguard functions 

(1) 

The Agency shall, in cooperation with the European Border and Coast Guard Agency 
and the European Maritime Safety Agency, support national authorities carrying out 
coastguard  functions  at  national  and  Union  level,  and  where  appropriate  at 
international level by: 

(a) 

sharing  information  generated  by  fusing  and  analysing  data  available  in  ship 
reporting systems and other information systems hosted by or accessible to the 
Agencies, in accordance with their respective legal bases and without prejudice 
to the ownership of data by Member States; 

(b)  providing  surveillance  and  communication  services  based  on  state-of-the-art 
technology,  including  space-based  and  ground  infrastructure  and  sensors 
mounted on any kind of platform, such as remotely piloted aircraft systems; 

(c) 

(d) 

capacity  building  by  elaborating  guidelines,  recommendations  and  best 
practices  as  well  as  by  supporting  the  training  and  exchange  of  staff,  with  a 
view to enhancing the exchange of information and cooperation on coastguard 
functions; 

capacity  sharing,  including  the  planning  and  implementation  of  multipurpose 
operations  and  the  sharing  of  assets  and  other  capabilities  across  sectors  and 
borders. 

(2) 

(3) 

The modalities of the cooperation on coastguard functions of the European Fisheries 
Control Agency with the European Border and Coast Guard Agency and the European 
Maritime Safety Agency shall be determined in a working arrangement, in accordance 
with the financial rules applicable to the Agencies. 

The Commission may adopt, in the form of a recommendation, a practical handbook 
functions,  containing  guidelines, 
on  European  cooperation  on  coastguard 
recommendations and best practices for the exchange of information and cooperation 
at national, Union and international level. 

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. 

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Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management mode(s) planned  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

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

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions  

3.3.  Estimated impact on revenue

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal  of  Regulation  of  the  European  Parliament  and  of  the  Council  amending 
Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control 
Agency 
Policy area(s) concerned in the ABM/ABB structure4  

1.2. 

ABB activity 06 of DG MARE: To secure sustainable fisheries and a stable supply of 
seafood,  to  develop  the  maritime  economy  and  to  ensure  prosperous  coastal 
communities. 

1.3. 

Nature of the proposal/initiative  

 The proposal/initiative relates to a new action  

  The  proposal/initiative 
project/preparatory action5  

relates 

to  a  new  action 

following  a  pilot 

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

 The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objective(s) 

1.4.1.  The  Commission's  multiannual 

strategic  objective(s) 

targeted  by 

the 

proposal/initiative  

The Commission steps up the operational capacities of the Union to protect European 
Borders  to  apply  and  vigorously  enforce  new  common  European  rules  to  penalise 
human traffickers.  

The  Commission  initiates  a  common  approach  at  EU  level  on  future  action  to 
improve  co-operation  and  co-ordination  between  the  relevant  Member  States' 
authorities,  EU  agencies  and  other  bodies  performing  coastguard  functions  with  a 
view to moving towards a European Coastguard Capacity/System.  

The European Fisheries Control Agency is urged, in cooperation with the European 
Border  and  Coast  Guard  Agency  and  the  European  Maritime  Safety  Agency,  to 
support national authorities carrying out coastguard functions at national and Union 
level, and where appropriate at international level. 

1.4.2. 

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

Specific objective No 

To benefit from the experience and skills of the European Fisheries Control Agency 
in the operational coordination of control policies and  in capacity building including 
in  the  international  dimension  of  the  Common  Fisheries  Policy  to  support  national 
authorities carrying out coastguard functions at national and Union level, and where 
appropriate at international level. 

4 
5 

ABM: activity-based management; ABB: activity-based budgeting. 
As referred to in Article 54(2)(a) or (b) of the Financial Regulation. 

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ABM/ABB activity(ies) concerned 

11.06 

1.4.3.  Expected result(s) and impact 

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

Achieve an efficient situational awareness and intelligence through the elaboration of 
a EU common recognised operational surface picture shared by the EU Agencies and 
the Member States; 

Achieve a high probability of detection, identification, classification and tracking of  
vessels  and  boats  proceeding  towards  and  within  the  EU  waters  and  of  their 
activities; 

Achieve  versatility,  responsivity,  effiency  and  effectiveness  in  the  deployment  of 
operational  capacities  including  remotely  piloted  aerial  systems  in  a  cross  sectoral 
approach; 

Achieve  a  level  playing  field  in  ensuring  that  operational  personnels  involved  in 
coastguard  functions  of  the  Member  States,  EU  agencies  and  where  appropriate  of 
the  third  countries  work  towards  the  objectives  of  the  policy,  cooperate,  exchange 
personnel,    information  and  intelligence  and  comply  with  common  methodologies 
through the development of common guidelines, best practice doctrine training and 
other capacity building undertakings. 

1.4.4. 

Indicators of results and impact  

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

Efficient  situational  awareness:  %  of  EU  Agencies  and  Member  States  bodies 
involved  in  the  coastguard  functions  accessing  and  feeding  the  EU  common 
recognised operational surface picture; 

High  probability  of  detection:  %  of  detected  tracks  obtained  with  cooperative 
systems randomly compared to non cooperative systems; 

High  probability  of  identification,  identification,  classification  and  tracking:  %  of 
each compared to the number of detected tracks; 

Deployment  of  operational  capacities:  %  operational  capacities  deployed  versus 
planned; 

Level playing field: % cross sectoral training of operational personnels involved in 
coastguard functions of the Member States, EU Agencies and where appropriate of 
the third countries 

1.5. 

Grounds for the proposal/initiative  

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

The modalities of the cooperation on coastguard functions of the European Fisheries 
Control  Agency  with  the  European  Border  and  Coast  Guard  Agency  and  the 
European Maritime Safety Agency shall be determined in a working arrangement, in 
accordance the financial rules applicable to the Agencies.  

The  Commission  may  adopt  implementing  rules  in  accordance  with  Article  110  of 
Council Regulation 1224/2009. 

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1.5.2.  Added value of EU involvement 

The  EU  involvement  will  be  instrumental  because  the  action  of  the  Member 
States do not allow to achieve the objectives of the policy: 

The  responsibility  for  carrying  out  Coastguard  Functions  is  distributed  across  316 
public authorities in the coastal Member States of the EU.  

Whilst  already  cooperating  and  developing  synergies,  some  silo  mentality  effects 
remain in the EU Agencies. 

An improved capacity sharing between Coastguard authorities and EU agencies 
will contribute to achieve versatility, responsivity, effiency and effectiveness. 

1.5.3.  Lessons learned from similar experiences in the past 

The coordination of Member States involved in the control regime applicable to the 
Common  Fisheries  Policy  through  the  principle  of  the  Joint  Deployment  Plans 
demonstrated relevance, effectivity and effectiveness to improve the sustainability of 
some fishing stocks as the Bluefin Tuna or the Cod, etc. 

1.5.4.  Compatibility and possible synergy with other appropriate instruments 

Member  States  can  beneficiate  from  the  appropriations  of  the  European  Maritime 
and Fisheries Fund (EMFF). 

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1.6. 

Duration and financial impact  

 Proposal/initiative of limited duration  

–    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    Financial impact from YYYY to YYYY  

 Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from 2016 to 2017, 

–  followed by full-scale operation. 

1.7.  Management mode(s) planned6  

 Direct management by the Commission 

–   by its departments, including by its staff in the Union delegations;  

–    by the executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated; 

–   international organisations and their agencies (to be specified); 

–  the EIB and the European Investment Fund; 

–   bodies referred to in Articles 208 and 209 of the Financial Regulation; 

–   public law bodies; 

–   bodies governed by private law with a public service mission to the extent that 

they provide adequate financial guarantees; 

–   bodies governed by the private law of a Member State that are entrusted with 
the  implementation  of  a  public-private  partnership  and  that  provide  adequate 
financial guarantees; 

–    persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP 

pursuant to Title V of the TEU, and identified in the relevant basic act. 

– 

If more than one management mode is indicated, please provide details in the ‘Comments’ section. 

Comments  

6 

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 

EN 

14 

   EN 

 
 
                                                 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

This  action  will  follow  monitoring  and  reporting  rules  of  the  EFCA  (in  particular 
inclusion in the EFCA Work program and in its Annual report which are discussed at 
the Administrative Board). 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

Reluctance of Member States and other EU Agencies to cooperate and share data 

2.2.2. 

Information concerning the internal control system set up 

This action will be monitored under the EFCA internal control system 

2.2.3.  Estimate of the costs and benefits of the controls and assessment of the expected level 

of risk of error  

Materiality threshold in EFCA is 4500€ and estimated level of risk of error is below; 

Implementation costs of external ex-post controls and ICS is less than 1% of EFCA 
current budget (if investments for business continuity and salaries of staff involved 
are not taken into account); 

Benefits in term of image and assurance are very high. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

This activity will be subject to EFCA measures ensuring protection against fraud and 
irregularities. The EFCA is also subject to audits by the European Court of Auditors 
and the IAS.  

EN 

15 

   EN 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

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

Heading of 
multiannual 
financial 
framework 

Heading of 
multiannual 
financial 
framework 

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure 

Contribution  

Number  
[Heading………………………...……………
] 

Diff./Non-
diff.7 

from 
EFTA 
countries8 

from 
candidate 
countries9 

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

Article  11  06  64  –  European  Fisheries 
Control Agency  

  New budget lines requested: N/A  

Non-diff. 

NO 

NO 

NO 

NO 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Number  
[Heading……………………………………
…] 

Diff./Non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

[XX.YY.YY.YY] 

YES/N
O 

YES/NO 

YES/N
O 

YES/NO 

7 
8 
9 

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

EN 

16 

   EN 

 
 
 
 
 
 
                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial  
framework  

Number 
2 

Article 11 06 64 – European Fisheries Control Agency 

EUR million (to three decimal places) 

European Fisheries Control Agency 

Title 1:. Staff expenditure 

Title  2.  Building  and  other  administrative 
expenditure 

Title 3: Operational Expenditure 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

Year 

Year 

Year 

Year 

2017 
               1,800 

2018 
             1,550  

2019 
              1,450  

2020 
            1,464  

TOTAL  

          6,264  

               1,800  

             1,550  

              1,450  

            1,464  

          6,264  

               0,166  

             0,166  

              0,166  

            0,166  

          0,664  

               0,166  

             0,166  

              0,166  

            0,166  

          0,664  

               5,930  

             5,880  

              5,730  

            5,680  

        23,220  

               5,930  

             5,880  

              5,730  

            5,680  

        23,220  

-1 

-2 

(1a) 

(2a) 

(3a) 

(3b) 

TOTAL appropriations for EFCA 

Commitments 

=1+1a +3a 

         7,896 

        7,596 

        7,346 

       7,310 

    30,148 

Payments 

=2+2a 

+3b 

         7,896 

        7,596 

        7,346 

       7,310 

    30,148 

EN 

17 

EN 

 
  
 
 
 
 
 
 
Heading of multiannual financial  
framework  

5 

‘Administrative expenditure’ 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

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

TOTAL 

EUR million (to three decimal places) 

DG: MARE 

 Human resources  

 Other administrative expenditure  

TOTAL DG MARE 

Appropriations  

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

0 

0 

0 

0 

0 

0 

0 

0 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

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

TOTAL 

EUR million (to three decimal places) 

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

Commitments 

7,896   7,596   7,346   7,310  

Payments 

7,896   7,596   7,346   7,310  

30,148 

30,148  

EN 

18 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations (TITLE III) 

–    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  



OUTPUTS 

Commitment appropriations in EUR million (to three decimal places) 

Year 

2017 

Year 

2018 

Year 

2019 

Year 

2020 

TOTAL 

Type[1] 

Average cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

Total No 

Total cost 

SPECIFIC OBJECTIVE No 3 
Foster the implementation of the common Fisheries Policy by stepping up the fight against IUU fishing, an effective Union fisheries control system and an 
adequate data sharing node ] 

Provide Surveillance and 
communication Services 
(includes staff and admin 
costs) 
*Feasibility study 
* Set up the central data 
sharing node 

EU data node (includes staff 
and admin costs) 
*Acquisition, sharing and 
analysing data (CISE, 
MARSURV,..) 

Systems for interagency 
information exchange (Nº of 
projects) 

Feasibility Study 

EU data sharing  node (number of 
projects) 

Availability of Earth Observation 
and Satellite Data (number of Data 
Sets) 

Delivery of permanent Service for 
Data Exchange and analysis to 
relevant stakeholders 

Joint deployment of assets 
and other capabilities 
(includes staff and admin 
costs) 
*Chartering inspection 

Availability of additional 
inspection assets (days of 
chartering) 

Increased inspection capacity 
(number of missions) 

0,050 

2 

0,050 

2 

0,050 

2 

0,050 

0,025  

0,100  

0,040  

0,100  

2 

1 

1 

5 

0,100 

0,050 

0,500 

3 

5 

0,200 

0,500 

3 

5 

8 

1 

0,200 

0,100 

0,400 

0,100 

3 

0,050 

10 

0,500 

5 

0,500 

20 

2,000 

0,488  

1 

0,550 

1 

0,500 

1 

0,450 

1 

0,450 

4 

1,950 

0,015  

275 

4,000 

275 

4,000 

275 

4,000 

275 

4,000 

1100 

16,000 

0,008  

15 

0,120 

15 

0,120 

15 

0,120 

15 

0,120 

60 

0,480 

EN 

19 

EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
  
  
  
  
  
  
Creation of Data Bases (hardware, 
software, shared capacity…) 

Elaboration of guidelines, Hand 
Book and recommendations for 
Coast Guard´s stakeholders 

Personnel exchange of EFCA, MS 
and third countries (number of 
missions) 

platforms 
*Sharing other capabilities 
*Missions and meetings 

Capacity Building Actions 
(includes staff and admin 
costs) 
*Handbook and training 
material 
*Exchange of staff other 
agencies and third countries 

Subtotal for specific 
objective No 1 

TOTAL COST 

0,063  

0,100  

1 

1 

0,100 

0,100 

1 

1 

0,050 

0,100 

1 

1 

0,050 

1 

0,050 

0,100 

1 

0,100 

4 

4 

0,250 

0,400 

0,012  

30 

0,360 

30 

0,360 

30 

0,360 

30 

0,360 

120 

1,440 

 332  

 5,930  

 333  

 5,880  

 333  

 5,730  

 333  

 5,680 

1.331  

23,220  

 332  

 5,930  

 333  

 5,880  

 333  

 5,730  

 333  

 5,680 

1.331  

23,220  

EN 

20 

EN 

 
  
  
  
  
  
 
 
3.2.3.  Estimated impact on EFCA's human resources  

3.2.3.1.  Summary  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–    The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below: 

EUR million (to three decimal places) 

Year 

Year 

Year 

Year 

2017 

2018 

2019 

2020 

TOTAL 

agents 

(AD 

1,260  

1,085  

1,015  

1,025  

4,385 

agents 

(AST 

0,540  

0,465  

0,435  

0,439  

1,879 

0 

Temporary 
grades) 
Temporary 
grades) 
Contract staff 

Temporary staff  

1,800  

1,550  

1,450  

1,464  

6,264  

Seconded National Experts 

-    

TOTAL 

1,800  

1,550  

1,450  

1,464 

6,264 

Please  indicate  the  planned  recruitment  date  and  adapt  the  amount  accordingly  (if  recruitment  occurs  in  July, 
only 50 % of the average cost is taken into account) and provide further explanations in an annex..  

On the basis of the recruitment reserve lists currently available for use by the agency, and estimation for how 
long it would take to organise new recruitment procedures, EFCA has estimated the following start dates: 

• 

12 TA(9 AD and 3 AST) will  start in January 2017. 

1 TA (AST) will start in January 2018. 

The staff costs for 2017 have been adjusted to take into consideration the estimated installation costs (removal, 
installation allowance, etc.)  

The table below describes the impact of the current proposal on the total establishment plan 
posts of the Agency.  

2016 

2017 

2018 

2019 

2020 

Baseline 
– 
COM(2013)519 

51 

Additional 
posts 

Total 

- 

51 

49 

12 

61 

EN 

48 

13 

61 

48 

13 

61 

48 

13 

61 

21 

   EN 

 
 
  
  
  
  
  
  
  
  
  
 
 
 
3.2.3.2.  Estimated requirements of human resources for the parent DG 

–    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 time equivalent units 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

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

 Establishment plan posts (officials and 

temporary staff) 

0 

0 

0 

0 

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

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

 External staff (in Full Time Equivalent unit: 
FTE)10 

0 

0 

0 

0 

XX 01 02 01 (AC, END, INT from the 
‘global envelope’) 

XX 01 02 02 (AC, AL, END, INT and 
JED in the Delegations) 

XX 
01 
04 
yy11 

- at 
Headquarters12 

- in 
Delegations  

XX 01 05 02 (AC, END, INT – Indirect 
research) 

10 01 05 02 (AC, END, INT – Direct 
research) 

Other budget lines (specify) 

TOTAL 

0 

0 

0 

0 

10 

11 
12 

AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JED = 
Junior Experts in Delegations.  
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 
Mainly for the Structural Funds, the European Agricultural Fund for Rural Development (EAFRD) and 
the European Fisheries Fund (EFF). 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
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. 

Description of tasks to be carried out: 

Officials and temporary staff 

External staff 

Description  of  the  calculation  of  cost  for  FTE  units  should  be  included  in  the  Annex  V, 
section 3.  

3.2.4.  Compatibility with the current multiannual financial framework  

–  X  The  proposal/initiative  is  compatible  the  current  multiannual  financial 

framework13. 

–    The 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. 

–    The  proposal/initiative  requires  application  of  the  flexibility  instrument  or 

revision of the multiannual financial framework. 

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

3.2.5.  Third-party contributions: N/A 

–  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 three decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

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

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
co-financed  

13 

The  current  financial  programming  of  Article  11  06  64  –European  Fisheries  Control  Agency  will 
however be increased over the period  2017-2020 with a total of EUR 30,148 million. 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue  

–    The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

– 

– 

 

 

on own resources  

on miscellaneous revenue  

Appropriation
s available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

EUR million (to three decimal places) 

Impact of the proposal/initiative14 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

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

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected. 

Specify the method for calculating the impact on revenue. 

14 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25 % for collection costs. 

EN 

24 

   EN