Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Maritime Safety Agency and repealing Regulation (EC) No 1406/2002
Date: 2023-06-01
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: European Maritime Safety Agency, digitisation, marine pollution, maritime safety, operation of the Institutions, pollution from ships, prevention of pollution, sustainable mobility, transport accident

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   EUROPEAN COMMISSION  Brussels, 1.6.2023  COM(2023) 269 final 2023/0163 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Maritime  Safety Agency and repealing Regulation (EC) No 1406/2002 (Text with EEA relevance) {SWD(2023) 147 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The first building blocks of the European maritime safety policy were laid  at the beginning of 
the  1990s,  following  the  Aegean  Sea  (1992)  and  Brear  (1993)  oil  tanker  accidents.  With 
growing international trade, and the deepening of EU’s internal market, shipping activities in 
Europe and in the waters surrounding Europe have increased. At the same time,  the risks of 
shipping activities were acknowledged, underlining the need for stronger European action on 
maritime  safety.  Rules  on    port  State  control  and  the  classification  societies  (ROs)  were 
already  introduced  in  the  nineties.  EU-level  efforts  in  the  field  underwent  significant 
acceleration  following  the  Erika  (1999)  and  the  Prestige  (2002)  oil  tanker  accidents.  By 
causing extremely high-cost damage to the environment, as well as to the fishery and tourism 
sectors, these accidents highlighted the need to upgrade the EU legal framework on maritime 
safety and the need for practical measures to prevent and respond to pollution. The Erika oil 
tanker accident  led to the maritime safety package proposals Erika I (COM (2000) 142) and 
Erika II (COM (2000) 802). These respectively comprised a set of short-term measures and a 
set of more complex, long-term actions aimed at enhancing European maritime safety policy.  

In particular, Erika II envisaged the establishment of the European Maritime Safety Agency 
(EMSA)  (‘the  Agency’)  to  support  the  Commission  and  EU  Member  States  with  the 
application and monitoring of EU legislation in the field of maritime safety, as well with the 
evaluation of its effectiveness. EMSA was then established by Regulation (EC) No 1406/2002 
of 27 June 2002, with the purpose of ensuring a ‘high, uniform and effective level of maritime 
safety and prevention of pollution by ships within the Community’. 

Following  the  adoption  of  its  founding  Regulation,  successive  amendments  progressively 
expanded  the  Agency’s  objectives  and  tasks  to  adapt  its  activities  to  EU  maritime  policy 
developments.  Regulation  (EC)  No  1406/2002  has  been  modified  five  times  since  2002, 
mainly due to changes to the EU's maritime legislation. 

EMSA  was  subject  to  an  external  evaluation  in  2017,  which  concluded  that  while  its 
objectives,  activities  and  outputs  are  adequate,  changes  to  its  mandate  may  be  required  to 
adapt it to developments in legislation, the sector and  emerging political priorities.  

Furthermore,  the  European  Green  Deal  announced  in  December  2019  has  emphasised  the 
need  to  accelerate  the  transition  to  a  zero  pollution  and  climate-neutral  economy,  including 
through  the  shift  to  sustainable  mobility  with  significant  shifts  towards  cleaner  fuels  and  a 
more sustainable maritime sector transport. This new strategy built upon the rules introduced 
in 2012 on sulphur content of the marine fuels1 and the monitoring, reporting and verification 
of CO2 emissions in 20152. To deliver on this, the Commission adopted in December 2020 its 

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Directive 2012/33/EU of the European Parliament and of the Council of 21 November 2012 amending 
Council  Directive  1999/32/EC  as  regards  the  sulphur  content  of  marine  fuels,  replaced  already  by 
Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a 
reduction in the sulphur content of certain liquid fuels 
Regulation  (EU)  2015/757  of  the  European  Parliament  and  of  the  Council  of  29  April  2015  on  the 
monitoring,  reporting  and  verification  of  carbon  dioxide  emissions  from  maritime  transport,  and 
amending Directive 2009/16/EC 

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Sustainable  and  Smart  Mobility  Strategy,  which  included  the  revision  of  EMSA’s  founding 
Regulation (“Action 77” of the accompanying Action Plan to the Strategy3). 

The Agency’s mandate needs to be revised for the following reasons: (1) it does not properly 
reflect  EMSA’s current  scope of  activities due to the evolving needs of  the maritime sector 
and  the  new  EU  regulatory  framework  in  the  area;  (2)  the  administrative  and  financial 
provisions  of  the  mandate  do  not  reflect  the  latest  EU  regulatory  framework  on  agencies 
governance;  and  (3)  the  Agency  is  facing  stretched  resources  to  fulfil  both  its  current  tasks 
and  the  new  tasks  and  activities  arising  from  the  needs  of  the  sector,  such  as  the  green 
transition, or legislative developments, such as the new maritime safety package. 

The proposed revision of EMSA’s mandate aims to: (1) better anchor and reflect the current 
tasks and objectives of the Agency in its founding Regulation so that it is legally mandated to  
fulfil these and support the Member States and the Commission with the necessary technical, 
operational and scientific assistance to ensure maritime safety and security, and the green and 
digital transition of the sector; (2) ensure that EMSA’s founding Regulation is future proof by 
allowing  enough  flexibility  to  incorporate  new  tasks  that  address  the  evolving  needs  of  the 
maritime sector; and (3) ensure that the Agency has adequate human and financial resources 
to fulfil its role. 

Since 2002, when the original founding Regulation was adopted, several developments have 
taken  place  in  the  maritime  sector.  As  a  result,  the  Agency’s  founding  Regulation  has  been 
amended  five  times,  with  the  amendment  in  2013  making  a  distinction  between  core  and 
ancillary  tasks  which  has  become  obsolete.  Moreover,  rules  on  the  administrative  and 
financial  governance  of  EU  Agencies  have  also  been  amended  since  the  last  substantial 
amendment  of  the  Agency’s  founding  act  in  2013.  This  obsolete  structure  of  the  mandate 
combined with the need to incorporate and reflect EMSA’s new tasks in the areas of maritime 
safety, sustainability, decarbonisation, security and cybersecurity, surveillance and assistance 
in crises management call for a new EMSA Regulation to replace its founding Regulation.  

A new Regulation will also help to clarify the structure of the legal act (e.g. by removing the 
distinction between core and ancillary tasks, and introducing new tasks in each strand of the 
Agency’s  action).  As  a  result,  the  new  Regulation  will  maintain  the  tasks  that  are  already 
reflected in the previous mandate of the Agency while reflecting the new tasks and updating 
the administrative and financial provisions, aligning them with the new framework. 

• 

Consistency with existing policy provisions in the policy area 

The Regulation mandates EMSA to assist Member States and the Commission technically and 
operationally  in  a  broad  range  of  activities  emanating  from  various  pieces  of  maritime 
legislation.  

On  maritime  safety,  the  Regulation  reflects  EMSA’s  assistance  to  the  Commission  and  the 
Member  States  with  the  implementation  of  Directive  2009/21/EC  on  compliance  with  flag 
State  requirements,  Directive  2009/16/EC  on  port  State  control,  and  Directive  2009/18/EC 
establishing  the  fundamental  principles  governing  the  investigation  of  accidents  in  the 
maritime transport sector. The revision takes into account the Commission’s new proposals to 

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Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Sustainable  and  Smart  Mobility 
Strategy – putting European transport on track for the future, COM/2020/789 final 

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amend these three Directives. Moreover, the Regulation also has links with EU legislation on 
passenger  ship  safety  and  registration,  notably  Directive  2009/45/EC  on  safety  rules  and 
standards for passenger ships and Council Directive 98/41/EC on the registration of persons 
sailing  on  board  passenger  ships  operating  to  or  from  ports  of  the  Member  States  of  the 
Community. The Agency should continue to develop relevant databases and tools that support 
the implementation of these Directives and continue to actively assist in the overall safety of 
passenger  ships.  Furthermore,  the  Regulation  proposes  the  continuation  of  the  Agency’s 
assistance with implementing the rules on ’recognised organisations’, under Regulation (EC) 
No 391/2009 on common rules and standards for ship inspection and survey organisations as 
well as with Directive 2014/90/EU on Marine Equipment and with Directive (EU) 2022/993 
on the minimum level of training of seafarers.  

In the  area of sustainability, the  Agency  should  continue and expand its  assistance with  the 
implementation of the new proposed rules on ship-source pollution4 and on the introduction of 
penalties  for  infringements,  while  continuing  to  support  the  implementation  of  the 
complementary Directive (EU) 2019/883 on port reception facilities for the delivery of waste 
from  ships.  The  proposal  also  mandates  the  Agency  to  continue  to  support  Directive 
2008/56/EC  establishing  a  framework  for  Community  action  in  the  field  of  marine 
environmental  policy  (the  Marine  Strategy  Framework  Directive)  and  Directive  (EU) 
2016/802 on reducing the sulphur content of certain liquid fuels. Finally, the proposal reflects 
the Agency’s current work to support the implementation of Regulation (EU) No 1257/2013 
on ship recycling. 

In the area of decarbonisation of shipping, the Agency is expected to support the Commission 
and the Member States in the implementation of new rules on the use of renewable and low-
carbon  fuels  in  maritime  transport  and  those  stemming  from  the  extension  of  the  EU 
Emissions Trading System to maritime transport5. Such activities will be added to the services 
the Agency already provides and it will continue to be required to provide to the Commission 
and the Member States support in relation to the implementation of Regulation (EU) 2015/757 
on  the  monitoring,  reporting  and  verification  of  carbon  dioxide  emissions  from  maritime 
transport. 

In  the  area  of  security  the  Regulation  proposes  the  continuation  of  the  assistance  that  the 
Agency  is  offering  to  the  Commission  with  the  implementation  of  Regulation  (EC)  No 
725/2004 on enhancing ship and port facility security. 

In terms of ship positioning monitoring and surveillance at sea, the proposal is consistent with 
the  tasks  that  the  Agency  already  delivers  in  the  implementation  of  Directive  2002/59/EC 
establishing a Community vessel traffic monitoring and information system. 

Finally  the  proposal  is  consistent  with  the  tasks  given  to  the  Commission  under  Regulation 
(EU)  2019/1239  establishing  a  European  Maritime  Single  Window  environment  (EMSWe) 
mandating the Agency to continue assisting the Commission in these tasks. 

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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. 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme  for greenhouse  gas emission allowance trading  within the  Community and amending Council 
Directive 96/61/EC,  OJ L 275, 25.10.2003, p. 32  

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• 

Consistency with other Union policies 

The  proposal  supports  the  implementation  of  the  Union’s  policy  and  political  priorities  as 
reflected  in  the  European  Green  Deal,  the  Sustainable  and  Smart  Mobility  Strategy  and  the 
“Fit for 55” package. It is also in line with recent actions announced on the area of maritime 
security  and  the  new  Communication  of  the  European  Commission  and  the  High 
Representative adopted on an enhanced EU Maritime Security Strategy to ensure a peaceful 
use of the seas and safeguard the maritime domain against new threats6.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Title VI (Articles 90-100) of the Treaty on the Functioning of the Union (TFEU) establishes 
the EU’s prerogative to make provisions for the Common Transport Policy and therefore the 
EU  has  the  right  to  act  under  the  Treaty  by  establishing  the  European  Maritime  Safety 
Agency.  Pursuant  to  Article  100(2)  TFEU,  the  Union  legislator  may  lay  down  appropriate 
provisions for sea transport. Article 91(1)(a) TFEU provides that the Union has competence in 
the field of transport to lay down common rules applicable to international transport. In view 
of this, the proposed Regulation would be based on Article 100(2) TFEU, which has served as 
legal basis for Regulation 1406/2002.  

• 

Subsidiarity (for non-exclusive competence)  

The  principle  of  subsidiarity  is  fully  respected  given  that  there  is  a  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  since  the 
establishment  of  the  Agency  in  2002  and  it  is  acknowledged  that  there  is  a  need  for  the 
establishment of a decentralized EU Agency assisting the Commission and the Member States 
in  the  relevant  policy  areas  since  without  EMSA  many  of  the  tasks  emanating  from  EU 
legislations in the maritime domain either could not be delivered at the same level of quality 
or there is a risk of duplication of efforts among the Member States. 

• 

Proportionality  

The proposal is proportionate as it is the only way for the necessary changes in the Agency’s 
mandate to come about.  
EU-level action does not intend to replace national actions or authorities nor to question their 
relevance. The proposal  does not include new tasks for the Agency except the ones that the 
Agency  already  has  undertaken  in  the  previous  years  to  assist  the  Commission  and  the 
Member  States  in  the  implementation  of  the  relevant  policy  areas,  as  well  as  the  new  tasks 
emanating  from  the  Fit  for  55  package  and  the  maritime  package.  Therefore,  the  proposal 
aims to reflect better, in legal terms, the current situation.  

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Joint  communication  to  the  European  Parliament  and  the  Council  on  the  update  of  the  EU  Maritime 
Security  Strategy  and  its  Action  Plan  "An  enhanced  EU  Maritime  Security  Strategy  for  evolving 
maritime threats", JOIN(2023) 8 final 

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• 

Choice of the instrument 

Given that this proposal aims to replace an existing Regulation, a Regulation is considered to 
be the most appropriate instrument. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  EMSA mandate underwent two external evaluations, respectively in 2008 and in 2017. 
The  former  provided  an  overall  positive  assessment  of  the  Agency,  concluding  that  it  had 
“filled  a  gap  in  the  maritime  safety  area  in  the  European  Union”7.  It  presented  a  set  of  11 
recommendations,  which  the  2017  evaluation  found  to  be  fully  implemented.  The  latter, 
focusing  on  the  2013-2016  period,  re-confirmed  the  previous  study’s  overall  positive 
assessment of the Agency, concluding that EMSA was a key contributor to “a safer and more 
secure maritime environment as well as to the increased ability of Member States to prevent 
and to respond to Marine Pollution”8. 

Notwithstanding  these  overall  positive  assessments,  the  2017  evaluation  highlighted  that, 
going  forward,  an  enhanced  mandate  would  likely  become  necessary,  allowing  EMSA  to 
better  support  the  Commission  and  Member  States,  and,  indirectly,  the  maritime  industry. 
Overall,  the  2017  evaluation  concluded  that  “a  discontinuation  or  a  reduction  of  EMSA’s 
mandate  would  have  significant,  negative  impacts  on  maritime  safety  and  security  in 
Europe”9.  

A specific assessment of the cost  effectiveness and cost  efficiency  of  EMSA’s oil pollution 
response  services  was  also  conducted  in  201710.  The  latter  found  that  EMSA  adequately 
fulfilled  its  mandate  of  providing  oil  pollution  operational  assistance  and  support. 
Specifically, the Agency’s activities in this regard were found to be cost-effective if compared 
to the economic consequences that would result from a lack of capacity on its part to respond 
to an oil spill and preventing it from reaching the shoreline. The assessment provided a set of 
recommendations to improve the operational response. 

Finally,  the  Commission  undertook  a  Fitness  Check  of  the  2009  EU  Maritime  Transport 
Strategy  (2018)11. This  review underlined EMSA’s contribution to  the EU’s involvement in 
maritime transport, stemming from providing training, capacity-building, technical assistance 
and common databases. In particular, the report highlighted EMSA’s added value in terms of 

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COWI, Evaluation of the European Maritime Safety Agency, April 2008, p. 60 pdf 
Ramboll  Management  Consulting,  Evaluation  on  the  Implementation  of  the  Regulation  (EC)  No 
1406/2002 Establishing EMSA, May 2017, p. 156  http://www.emsa.europa.eu/publications/item/3092-
emsa-guidance-on-the-inventory-of-hazardous-materials-3092.html 
Ramboll  Management  Consulting,  Evaluation  on  the  Implementation  of  the  Regulation  (EC)  No 
1406/2002 Establishing EMSA, May 2017, p. 155  http://www.emsa.europa.eu/publications/item/3092-
emsa-guidance-on-the-inventory-of-hazardous-materials-3092.html 
Ramboll  Management  Consulting,  Study  on  the  Cost  Effectiveness  and  Efficiency  of  EMSA’s  Oil 
Pollution  Response  Services,  April  2017,  https://ec.europa.eu/transport/sites/default/files/2018-cost-
effectiveness-and-efficiency-of-emsa-oil-pollution-response-services.pdf 
Maritime  Transport  Fitness  Check  of  the  legislation  on  flag  State  responsibilities,  accident 
investigation, port State control, the vessel traffic monitoring and information system and, the reporting 
formalities  for  ships  arriving  in  and/or  departing  from  ports  of  Member  States,  Commission  Staff 
https://ec.europa.eu/transport/sites/default/files/3rd-mobility-
Working  Document,  May 
pack/swd20180228-fitness-check.pdf 

2018, 

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its role in hosting and promoting the development of EU-level systems, such as SafeSeaNet, 
THETIS and, though to a lesser extent, the European Maritime Casualty Information Platform 
(EMCIP)  database  for  accident  investigation.  Against  this  background,  the  Fitness  Check 
recommended  to  continue  building  on  EMSA’s  capacities,  with  a  focus  on  promoting  and 
investing in EMSA’s digital systems, applications and databases. 

• 

Stakeholder consultations 

The main consultation activities for supporting the current proposal were as follows: 

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An Open Public Consultation,  organised by the  Commission,  which ran from 
28  March  2022  to  20  June  2022.  However,  there  was  low  stakeholder  input 
with answers submitted by only 15 respondents.   

Two targeted stakeholder surveys to gather specific information, one on the list 
of possible tasks to  be included in  the new mandate, with  122 replies mainly 
from  Member  States  authorities,  and  the  other  on  the  cost  estimations  about 
savings from conducting tasks at EU level instead of individual Member States. 
The first online survey ran from March 2022 to April 2022 and the second was 
conducted from November 2022 to December 2022. 

A total of 26 targeted interviews were conducted with EU level representatives 
of  key  stakeholders  organised  by  the  consultant  in  charge  of  the  external 
support  study,  running  intermittently  from  January  2022  to  July  2022,  to  fill 
specific information requests. 

The contractor of the support study conducted also two workshops with experts 
of the maritime sector on 13 December 2021 and 4 March 2022 to  consult on 
various aspects of the revisi0n.  

Additional  targeted  consultation  activities  organised  by  the  Commission  in 
order to consult the Member States on the policy measures and to validate the 
progress  of  the  revision.  These  activities  took  place  in  the  context  of  two 
meetings  of  the  EU  Committee  on  Safe  Seas  and  the  Prevention  of  Pollution 
from  Ships  (2  June  2022  and  29  November  2022)  and  a  workshop  with  the 
Maritime Directors from Member States on 17 May 2022.  

The opinions of stakeholders were coherent with the need to reflect better the 
current tasks of the Agency in its mandate, which was found by the majority to 
be  outdated,  especially  in  the  areas  of  sustainability,  decarbonisation  and 
digitalization of the maritime sector. 

• 

Collection and use of expertise 

The  proposal  builds  on  an  external  support  study  which  looked  into  the  problems  of  the 
current  mandate  of  the  Agency  and  the  tasks  which  have  to  be  reflected  properly  while  a 
bigger part was dedicated on the tasks which would need to be further expanded so that the 
Agency  supports  better  the  Member  States  and  the  sector  with  the  future  challenges, 
especially the green and digital transitions of the sector. 

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• 

Impact assessment 

The  proposal  envisages  changes  to  EMSA’s  founding  Regulation  stemming  solely  from 
obligations that have either already been introduced or have been proposed by other pieces of 
legislation  and  therefore  need  to  be  better  reflected  in  legal  terms.  It  also  reflects  EMSA’s 
current  tasks  that  are  not  specifically  mentioned  in  its  mandate,  despite  now  constituting  a 
bigger part of its deliverables. 

Although  the  revision  was  initially  planned  to  be  covered  by  an  impact  assessment,  it 
eventually became clear that the preferred policy objective, also by stakeholders, was not to 
fundamentally change the role of the Agency by turning it into a regulatory-type of Agency, 
but rather to better reflect its current role and the tasks that it has undertaken on the basis of 
the flexibility mechanisms that are already included in its mandate. 

The  above  considerations  led  to  the  conclusion  that  there  were  no  policy  options,  with 
materially  different  solutions,  to  be  considered  in  an  impact  assessment  and  the  alignment 
with  the  baseline  of  the  tasks  either  emanating  from  other  pieces  of  legislation  or  already 
undertaken by the Agency, thanks to the flexibility provided in its mandate, was considered 
more  appropriate.  Therefore,  in  line  with  the  Commission's  better  regulation  guidelines,  a 
fully-fledged impact assessment has not been carried out. 

Nonetheless,  the  proposal  is  accompanied  by  a  Commission  staff  working  document 
providing background information on the Agency and explaining the reasons behind the need 
to amend its founding Regulation and expand its tasks, and setting out the proposed resources 
to be allocated to each of them.  

The staff working document describes the clear need to  update and upgrade the mandate to 
better reflect what the agency is doing now and what it should do in the coming years in line 
with EU priorities and the needs of both Member States and the sector.  

• 

Fundamental rights 

The  revision  as  such  does  not  have  any  direct  impacts  on  fundamental  rights.  The  data 
collected by and for the Agency are statistical data, while any data collected for seafarers are 
anonymised.  Therefore,  Article  8  of  the  Charter  of  Fundamental  Rights  (“protection  of 
personal  data”)  is  not  affected.  Other  fundamental  rights  are  not  impacted  either  by  the 
proposal. 

4. 

BUDGETARY IMPLICATIONS 

This legislative proposal would have an impact on the budget and staff needs of the Agency 
as  currently  provided  for  in  the  Multiannual  Financial  Framework  (MFF)  and  which  are 
insufficient for the tasks the Agency should carry out. It is estimated that an additional budget 
of  EUR  50.997  million  and  33  additional  posts  would  be  needed  for  the  remainder  of  the 
period  of  the  Multiannual  Financial  Framework  (MFF)  to  ensure  that  the  Agency  has  the 
necessary resources to enforce its revised mandate. The tasks for the Agency reflected in this 
legislative  proposal  therefore  require  additional  financial  and  human  reinforcements 
compared to the resources earmarked in the adopted Multiannual Financial Framework 2021-
2027, which provides for a 2% yearly increase of the EU contribution to the Agency.  

The  budgetary  impact  of  the  additional  financial  resources  for  the  Agency  will  be  offset 
through  a  compensatory  reduction  from  programmed  spending  under  Heading  1  and  should 
also stabilise the resource needs of the Agency over the period 2021-2027. The Agency has 

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also committed on a plan for internal redeployment covering some of the needs to reinforce 
the tasks proposed by this proposal through internal reshuffling of 7 posts. 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. 

The  detailed  calculations  related  to  the  budgetary  implications  and  the  human  and 
administrative  resources  required  for  this  proposal  are  integrated  in  the  legislative  financial 
statement.  

The budget impact described in this section and in the annexed legislative financial statement 
includes  the  complete  budget  impact  of  the  new  Regulation  establishing  EMSA  repealing 
Regulation  (EC)  no  1406/2002,  and  also  the  budget  impact  of  (i)  revision  of  Directive 
2009/21/EC  on  Flag  State  requirements;  (ii)  the  revision  of  Directive  2009/16/EC  on  port 
State  control;  (iii)  the  revision  of  Directive  2009/18/EC  on  accident  investigation;  and  (iv) 
revision  of  Directive  2005/35/EC  on  ship-source  pollution.  The  budget  impact  of  the  latter 
four  proposals  is  described  in  more  detail  in  each  of  the  respective  legislative  financial 
statements. 

The budget impact beyond the current MFF is an indicative overview, without prejudice to the 
future MFF Agreement. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The monitoring and evaluation of the Agency’s mandate would largely be performed by the 
applicable  mechanisms  under  this  Regulation.  Article  41  provides  for  an  evaluation  which 
will  assess,  in  particular,  the  impact,  effectiveness  and  efficiency  of  the  Agency  and  of  its 
working practices and may address the possible need to modify the structure, operation, field 
of  action  and  tasks  of  the  Agency,  and  the  financial  implications  of  any  such  modification. 
Further  to  this  evaluation,  the  Commission  will  draw  data  through  its  representation  in  the 
Agency’s Management Board meetings and its supervision, along with the Member States, of 
the Agency’s work. 

• 

Detailed explanation of the specific provisions of the proposal 

This  section  comments  on  and  explains  the  main  provisions  of  the  new  EMSA  Regulation, 
when  necessary  in  relation  to  amendments  to  the  original  text  of  Regulation  (EC)  No 
1406/2002. 

CHAPTER I  SUBJECT MATTER, SCOPE AND OBJECTIVES: 

Article  1  to  2:  An  article  on  subject  matter  and  scope  has  been  introduced  together  with  a 
separate article on the objectives of the Agency. These two Articles are reflecting the previous 
Article  1  on  objectives  which  have  been  revised  to  reflect  new  tasks  of  the  Agency  in  the 
areas of sustainability, decarbonisation, digitalisation, surveillance and maritime awareness. 

CHAPTER II TASKS OF THE AGENCY: 

This new chapter describes the tasks of the Agency by abolishing the distinction between core 
and ancillary and instead follows a thematic approach from horizontal support up to tasks in 

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the  areas  of  maritime  safety,  sustainability,  decarbonisation,  security  and  cybersecurity, 
maritime surveillance and crises, digitalization and simplification and visits and inspections.  

Article 3 includes the flexibility existing in Article 2 in the previous mandate in order for the 
Agency to be able to assist with technical and operational assistance the Commission and the 
Member  States  in  any  tasks  falling  under  the  competences  of  the  Agency.  The  Articles 
include assistance to the Commission in preparing new legislation but also to any other piece 
of legislation assigning tasks to the Commission for which it might need the assistance of the 
Agency,  corresponding  to  the  tasks  under  Article  2  (2)  points  (a)  to  (d)  of  the  previous 
mandate.  It  also  includes  operational  and  technical  assistance  to  the  Member  States  for  any 
tasks  falling  under  its  objectives  corresponding  to  Article  2  (3)  points  (a)  and  (b)  of  the 
previous  mandate.  This  Article  is  meant  to  provide  flexibility  to  the  mandate  and  render  it 
future proof to new tasks that might emanate from future legislation in the area of needs of the 
sector. 

Article 4 includes the tasks of the Agency in the area of maritime safety, retaining the ones 
prescribed  in  Article  2  (4)  points  (c)  and  (e)  of  the  previous  mandate.  It  also  reflects  the 
activities of the Agency in other pieces of legislation notably the flag and port State control as 
they  are  proposed  to  be  amended,  the  passenger  ship  safety  legislation,  the  recognized 
organizations  including  Article  2(3)(c)  of  the  previous  mandate,  the  marine  equipment 
Directive and the work on autonomous ships. 

Article 5 includes the tasks of the Agency in the area of sustainability, retaining the ones of 
Article 2 (3)(d), (f),(g) and Article 2a (2) points (a) and (e) of the previous mandate. It also 
reflects  the changes  emanating in  the new  proposed Directive on Ship  Source pollution  and 
the  current  work  of  the  Agency  for  the  port  reception  facilities,  the  sulphur  and  NOx 
emissions and the ship recycling legislation. 

Article 6 includes the tasks  of the  Agency  in  the efforts to  decarbonize shipping, amending 
and further expanding on the task of Article 2a(2)(b) of the previous mandate. It includes  the 
work of the Agency for the FuelEU Maritime Regulation, for the extension of the Emission 
Trading  System  (ETS)  to  shipping  and  for  the  Monitoring  Reporting  Verification  (MRV) 
legislation  while  it  mandates  the  Agency  to  continue  supporting  the  Commission  and  the 
Member States’ efforts to reduce greenhouse gases from shipping both in the EU and in EU-
led efforts at IMO. 

Article 7 includes the tasks of the Agency in the area of maritime security and cybersecurity, 
reflecting the task of Article 2(2)(b) of the previous mandate while reflecting the engagement 
of the Agency in the effort to develop resilience against cybersecurity threats. 

Article 8 includes the tasks of the Agency in the area of maritime surveillance and maritime 
crises, reflecting the tasks of Article 2(4) points (a), (b) and (i) and Article 2a(2) points (c) and 
(d) of the previous mandate. The Article proposes also the 24/7 maritime awareness center of 
the Agency which has played already a crucial role in assisting during periods of crises. 

Article  9  includes  the  tasks  of  the  Agency  in  the  area  of  digitalization  and  simplification, 
reflecting  the  task  of  Article  2(4)(d)  and  Article  2a(2)  points  (a)  and  (b)  of  the  previous 
mandate.  It  reflects  also  the  tasks  of  the  Agency  in  assisting  the  Commission  in  the 
implementation of the European Maritime Single Window environment (EMSWe). 

Article  10  reflects  the  previous  Article  3  on  the  visits  and  inspections  that  Agency  should 
conduct. It provides also flexibility to allow for the assistance of the Agency with any other 

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inspections  in  the  maritime  transport  area  for  which  the  Commission  might  need  such 
assistance. 

CHAPTER  III  OTHER  TASKS  OF  THE  AGENCY  REGARDING  INTERNATIONAL 
RELATIONS AND EUROPEAN COAST GUARD COOPERATION: 

Article 11 reflects the tasks of Article 2(4)(h) and Article 2(5) of the previous mandate while 
it reflects the broader assistance of the Agency to the Commission and the European External 
Action Service with regards to third countries. 

Article 12   repeats Article 2b of the previous mandate and Article 13 reflects and regulates 
the communication activities of the Agency. 

CHAPTER IV and CHAPTER V (Articles 14 to 26)  sets out the rules on the organisation of 
the Agency. The rules are based on Regulation (EC) No 1406/2002. The changes introduced 
to  the  rules  in  this  Chapter  are  due  to  the  implementation  of  the  Joint  Statement  of  the 
Commission,  the  European  Parliament  and  the  Council  on  decentralised  agencies  and  the 
Common  Approach  (2012).  The  main  changes  include  the  introduction  of  a  flexibility 
mechanism  when  it  comes  to  various  requests  for  assistance  or  implementation  of  certain 
tasks that allows first for a reflection and analysis by the management board of the available 
human  and  financial  resources  in  the  context  of  the  annual  and  multi-annual  programming 
(Article  17)  and  an  executive  board  (Article  21)  while  the  previous  administrative  board  is 
renamed into management board. In particular: 

Article  14  defines  the  structure  of  the  Agency.  Articles  15  to  20  set  out  the  composition, 
functions and the working methods of the Management Board. They are developed based on 
Articles  10  to  14  of  Regulation  (EC)  No  1406/2002  and  the  common  approach.  Article  17: 
"annual and multi-annual work programmes" is a new, separate article on work programmes 
deemed useful for clarity in accordance with the Joint Statement. 

Article 21 sets out the rules for the Executive Board, which supports the Management Board 
and prepares its meetings.  

Articles 22 to 23 set out the appointment procedure and the responsibilities of the Executive 
Director  and  is  based  on  Articles  15  and  16  of  Regulation  (EC)  No  1406/2002  and  the 
common approach.  

Article 24 is a repetition of Article 17 of the previous mandate. 

CHAPTER  VI  (Articles  25  to  29)  includes  the  financial  provisions.  These  provisions  have 
been  adapted  to  the  latest  financial  regulations12.  Changes  in  the  financial  provisions 
compared  to  Regulation  (EC)  No  1406/2002  are  due  to  the  implementation  of  the  common 
approach  and  the  currently  applicable  financial  rules  for  EU  decentralised  agencies.  The 
changes  introduced  as  regards  the  budget  procedures  and  the  presentation  of  accounts  and 
discharge  are  minor.  The  main  amendment  in  comparison  to  the  previous  mandate  is  in 
Article 26, which would allow the Agency to charge fees for certain tasks. It will be up to the 
Agency to decide at a later stage, once this Regulation is applicable, whether it will use this 
option  or  not  while  the  establishment  of  the  amount  of  the  fee  for  the  services  to  third 

12 

Commission  Delegated  Regulation  (EU)  2019/715  of  18  December  2018  on  the  framework  financial 
regulation  for the bodies set  up under the  TFEU  and Euratom Treaty and referred to in  Article 70 of 
Regulation  (EU,  Euratom)  2018/1046  of  the  European  Parliament  and  of  the  Council  (OJ  L  122, 
10.5.2019, p. 1–38).   

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countries  and  the  industry  shall  be  made  by  an  implementing  act  as  further  prescribed  in 
Article 33. 

CHAPTER VII (Articles 30 to 31) includes the staff rules.  

Chapter VIII (Articles 32 to 45) includes general and final provisions. Changes compared to 
Regulation (EC) No 1406/2002 are due to the implementation of the common approach and 
adaptations to more recent legislation. The majority of these provisions was already included 
in  Regulation  (EC)  No  1406/2002.  The  new  Articles  33  and  34  on  the  comitology  are 
necessary for the implementation of the fees possibility. 

This  Chapter  also  includes  transitional  provisions  (Article  43)  to  enable  a  proper  transition 
from the previous mandate to the new one without interruption of service for EMSA. 

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2023/0163 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the European Maritime  Safety Agency and repealing Regulation (EC) No 1406/2002 

(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 draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee13,  
Having regard to the opinion of the Committee of the Regions14,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

A number of legislative measures have been adopted at the Union in order to enhance maritime 
safety  and  security,  to  promote  the  sustainability,  by  also  preventing  pollution,  and  the 
decarbonisation of shipping, and to facilitate the exchange of information and the digitalisation 
of the maritime sector. In order to be effective, such legislation should be applied in a proper 
and uniform manner throughout the Union. That would ensure a level playing field, reduce the 
distortion  of  competition  resulting  from  the  economic  advantages  enjoyed  by  non-complying 
ships and would reward the serious maritime players.  

The pursuit of those goals requires substantial technical work led by a specialised body. That is 
why  it  was  necessary,  as  part  of  the  second  ‘Erika  package’  in  2002,  to  establish,  within  the 
existing  institutional  framework  and  with  respect  for  the  responsibilities  and  rights  of  the 
Member States as flag, port and coastal States, a European agency for the purpose of ensuring a 
high, uniform and effective level of maritime safety and prevention of pollution by ships.  
Regulation (EC) No 1406/2002 of the European Parliament and of the Council15 established the 
European  Maritime  Safety  Agency  (‘the  Agency’)  in  order  to  assist  the  Commission  and  the 
Member  States  with  the  effective  implementation  at  the  Union  level  of  the  legislation  in  the 
areas of maritime safety and pollution prevention through appropriate visits to Member States 
for the monitoring of the relevant legislation and the provision of training and capacity building.  

13 
14 
15 

OJ C , , p. . 
OJ C , , p. . 
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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(4) 

(5) 

(6) 

(7) 

(8) 

Following  the  establishment  of  the  Agency  in  2002,  the  Union  legislation  in  the  areas  of 
maritime  safety,  sustainability  and  pollution  prevention  and  maritime  security  expanded 
significantly resulting in five amendments to the Agency’s mandate.   

Since 2013 the Agency continued to expand significantly its tasks either through the activation 
of  relevant  ancillary  tasks  prescribed  in  Article  2a  of  Regulation  (EC)  No  1406/2002      or 
through requests for technical assistance to the Commission and the Member States especially 
in the area of decarbonisation and digitalisation of the maritime sector. In addition, amendments 
to  Directives  2005/35/EC16,  2009/16/EC17,  2009/18/EC18  and  2009/21/EC19    of  the  European 
Parliament and of the Council have a direct impact on the tasks of the Agency. Those Directives 
provide  in  particular  for  the  performance  of  tasks  by  the  Agency  relating  to  ship  source 
pollution,  the  port  State  control  regime  at  the  Union  level,  the  Member  States  activities 
concerning the investigations related to maritime accidents in Union waters and the obligations 
of the Member States as flag States. 

In addition,  the administrative and financial  governance of the Agency needs to  be aligned  to 
the  inter-institutional  agreement  on  the  governance  of  decentralised  agencies20  and  the 
framework financial regulation for the decentralized bodies of the Union21. 

Due to the substantial number of changes in view of the above developments, it is appropriate to 
repeal Regulation (EC) No 1406/2002 and replace it by a new legal act. 

The Agency was initially established with the objective of contributing to the establishment of a 
high  level  of  maritime  safety  across  the  Union  while  also  assisting  the  pollution  prevention 
from  ships  and  later  also  from  oil  and  gas  installations.  While  these  objectives  were  further 
strengthened  with  the  addition  of  promoting  maritime  security,  the  Agency’s  focus,  during 
recent  years,  on  support  to  regulatory  developments  in  the  area  of  decarbonisation  and 
digitalisation  of  shipping  merit  the  addition  of  those  areas  in  the  overall  objectives  of  the 
Agency  enabling  it  to  contribute  to  the  goals  of  the  twin,  green  and  digital,  transition  of  the 
industry.  Likewise,  the  crucial  role  of  the  Agency  in  the  provision  of  a  maritime  awareness 
picture  in  the  sea,  through  satellite  images  and  the  operation  of  remotely  piloted  aircraft 
systems, justifies the addition of a relevant overall objective for the Agency. 

(9) 

These  objectives  should  define  the  areas  of  the  Agency’s  engagement  in  supporting  the 
Commission  and  the  Member  States  with  technical  and  operational  assistance  in  order  to 
implement the Union’s policies in the maritime domain.  

16 

17 

18 

19 

20 
21 

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,  including  criminal  penalties,  for  pollution  offences  (OJ  L  255, 
30.9.2005, p. 11). 
Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 
131, 28.5.2009, p. 57). 
Directive  2009/18/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  establishing  the 
fundamental  principles  governing  the  investigation  of  accidents  in  the  maritime  transport  sector  and  amending 
Council  Directive  1999/35/EC  and  Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  (OJ  L 
131, 28.5.2009, p. 114). 
Directive  2009/21/EC  of the  European Parliament and of the  Council of 23  April 2009 on compliance  with  flag 
State requirements (OJ L 131, 28.5.2009, p. 132). 
https://european-union.europa.eu/system/files/2022-06/joint_statement_on_decentralised_agencies_en.pdf 
Commission Delegated Regulation (EU) 2019/715  of 18 December 2018 on the framework financial Regulation 
for  the  bodies  set  up  under  the  TFEU  and  Euratom  Treaty  and  referred  to  in  Article  70  of  Regulation  (EU, 
Euratom) 2018/1046 of the European Parliament and of the Council, (OJ L 122, 10.5.2019 p. 1). 

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(10)  For  the  proper  achievement  of  these  objectives,  it  is  appropriate  that  the  Agency  carries  out 
specific  tasks  in  the  area  of  maritime  safety,  sustainability,  decarbonisation  of  the  maritime 
sector, maritime security and cybersecurity, maritime surveillance and maritime crises and the 
promotion of the digitalisation and facilitation of exchanges of data in the maritime domain. 

(11) 

In addition to the specific tasks, the Agency should provide horizontal, technical support, upon 
request by the Commission or the Member States, for the implementation of any task that falls 
under  the  remit  of  its  competences  and  objectives,  stemming  from  future  needs  and 
developments at the Union level. Such additional tasks shall be subjected to a consideration of 
the  available  human  and  financial  resources,  which  the  Management  Board  of  the  Agency 
should take into account before deciding to include them in the Single Programming Document 
of the Agency as  part of its annual  or multiannual  work program.  This  is necessary to  ensure 
that certain tasks which constitute the core of the Agency could be prioritised if needed. 

(12)  The Agency is at the forefront of the technical expertise in the areas of its competence and thus 
it  should  provide  training  and  capacity  building  activities  to  the  Member  States  with  the 
development  of  common  core  curricula  courses  and  the  use  of  the  most  technologically 
advanced tools in their delivery.  

(13)  This  technical expertise  of the  Agency  should be further cultivated by  conducting  research in 
the maritime field  and contributing to  the relevant  Union’s activities in  the area. The Agency 
should  contribute  with  a  proactive  approach  to  the  objectives  of  enhancing  maritime  safety, 
security,  decarbonisation  of  shipping  and  prevention  of  pollution  by  ships.  In  this  regard,  the 
Agency  could  issue  relevant  non-binding  guidance,  recommendations  or  manuals  that  could 
assist  the  Commission,  the  Member  States  and/or  the  maritime  industry  in  attaining  these 
objectives.   

(14)  As  regards  maritime  safety,  the  Agency  should  develop  a  proactive  approach  in  determining 
safety  risks  and  challenges  on  the  basis  of  which  it  should    present  to  the  Commission  every 
three years a report on the progress on maritime safety. Moreover, the Agency should continue 
assisting the Commission and the Member States in  the implementation of the relevant  Union 
legislation, especially in the areas of flag and port State obligations, the accident investigation 
of marine accidents, the passenger ship safety legislation, Recognised Organisations and marine 
equipment.  Finally,  the  Agency  should  have  a  proactive  role  in  assisting  the  deployment  of 
maritime autonomous and automated surface ships while also it is important to collect further 
data  in  the  area  of  the  training  and  certification  for  seafarers  and  the  Maritime  Labour 
Convention (MLC, 2006). 

(15)  Since  the  last  substantial  amendment  of  the  Regulation  in  2013,  there  have  been  significant 
legislative developments in the maritime sector with regards to sustainability. In addition to the 
tasks  that  the  Agency’s  mandate  covered  until  now,  such  as  the  prevention  of  pollution  from 
ships  and  oil  and  gas  installations,  mainly  through  the  operation  of  CleanSeaNet,  the  Agency 
should continue assisting the Commission in the implementation of Directive (EU) 2019/883 of 
the  European  Parliament  and  of  the  Council22  by  reflecting  this  task  in  its  updated  mandate. 
Moreover, there is an increased need for the Agency to continue assisting in the implementation 

22 

Directive  (EU)  2019/883  of  the  European  Parliament  and  of  the  Council  of  17  April  2019  on  port  reception 
facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC 
(OJ L 151, 7.6.2019, p. 116). 

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(16) 

(17) 

of  the  shipping  related  elements  of  Directives  2008/56/EC23  and  (EU)  2016/80224  of  the 
European Parliament and of the Council. Those two areas together with the engagement of the 
Agency  in  the  collection,  analysis  and  sharing    of  data  in  relation  to  nitrogen  oxides  (NOx) 
emissions from ships are of importance for promoting sustainability in the maritime sector for 
which the Agency should deliver a report on the progress made every three years. 

In the area of decarbonisation of the shipping sector, efforts to limit global maritime emissions 
through  the  International  Maritime  Organisation  (IMO)  are  under  way  and  should  be 
encouraged,  including  the  rapid  implementation  of  the  initial  IMO  Strategy  on  Reduction  of 
Greenhouse  Gas  Emissions  from  Ships,  adopted  in  2018.  Discussions  are  undergoing  on  the 
means to implement in practice such ambition, including on a revision of the initial strategy. At 
the  Union  level,  a  set  of  policies  and  legislative  proposals  to  support  the  decarbonisation  and 
further  promote  the  sustainability  of  the  maritime  sector  has  been  developed,  as  reflected  in 
particular in the European Green Deal, the Sustainable and Smart Mobility Strategy, the “Fit for 
55”  package  and  the  Zero  Pollution  Strategy.  As  a  result,  the  need  to  reduce  greenhouse  gas 
emissions from the maritime sector should be reflected in the mandate of the Agency.  

In  this  regard,  while  the  Agency  should  continue  assisting  the  Commission  and  the  Member 
States in the implementation of Regulation (EU) 2015/757 of the European Parliament and of 
the Council25 it should further assist  in  the implementation  of the new  regulatory measures to 
decarbonise the shipping sector, as stemming from the Fit for 55 legislative package, such as the 
Regulation  [..]  on the  use  of  renewable  and  low-carbon  fuels  in  maritime  transport  and  the 
shipping-related  elements  of  Directive  2003/87/EC  of  the  European  Parliament  and  of  the 
Council26  establishing  a  scheme  for  greenhouse  gas  emission  allowance  trading  within  the 
Community.  The Agency  should continue  to  be at  the forefront  of expertise at  Union level  to 
assist in the transition of the sector into renewable and low carbon fuels by conducting research 
and  providing  guidance  on  the    uptake  and  deployment  of  sustainable  alternative  sources  of 
power for ships, including onshore power supply to ships and in relation to the deployment of 
energy efficiency and wind propulsion assistance solutions. In order to monitor progress in the 
area of decarbonisation of the shipping sector, the Agency should report to the Commission on 
the  greenhouse  gas  reduction  efforts  and  any  recommendations  that  might  have  every  three 
years. 

(18) 

In the area of maritime security, the Agency should continue to provide technical assistance to 
the  Commission  inspections  in  the  framework  of  Regulation  725/2004  of  the  European 
Parliament  and  of  the  Council  27  on  enhancing  ship  and  port  facility  security.  Given  that  the 
number  of  cybersecurity  incidents  in  the  maritime  sector  has  gone  up  significantly  in  recent 
years,  the  Agency  should  assist  Union  efforts  to  enhance  resilience  against  cybersecurity 

23 

24 

25 

26 

27 

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). 
Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in 
the sulphur content of certain liquid fuels (OJ L 132, 21.5.2016, p. 58). 
Regulation  (EU)  2015/757  of  the  European  Parliament  and  of  the  Council  of  29  April  2015  on  the  monitoring, 
reporting  and  verification  of  carbon  dioxide  emissions  from  maritime  transport,  and  amending  Directive 
2009/16/EC (OJ L 123, 19.5.2015, p. 55). 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for 
greenhouse  gas  emission  allowance  trading  within  the  Union  and  amending  Council  Directive  96/61/EC  (OJ  L 
275, 25.10.2003, p. 32). 
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 

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incidents  in  the maritime sector by facilitating the exchange of best  practices and information 
on cyber security incidents between the Member States. 

(19)  The Agency should continue to host the vessel monitoring and information system established 
under  Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council28    together  with 
other systems  underpinning the  establishment of a maritime awareness  picture.  In this regard, 
the  Agency  should  continue  to  play  a  vital  role  in  the  management  of  the  maritime  security 
component of Copernicus programme and should continue making use of available state-of-the-
art technology, such as remotely piloted aircraft systems providing to Member States and other 
Union  bodies  a  useful  tool  for  surveillance  and  monitoring.  In  addition  to  these  services,  the 
Agency  has  demonstrated  its  strategic  role  in  providing  maritime  situational  awareness 
supporting  various  crises,  such  as  the  COVID-19  and  Russia’s  war  of  aggression  against 
Ukraine. As a result, the Agency should operate a centre, open 24 hours per day and 7 days per 
week,  which  should  assist  the  Commission  and  the  Member  States  with  such  emergency 
situations. 

(20)  Digitalisation  of  data  is  part  of  technological  progress  in  the  area  of  data  collection  and 
communication with a view to helping to bring down costs and making efficient use of human 
resources. The deployment and operation of Maritime Autonomous Surface Ships (MASS) and 
the digital and technological developments provide a wide range of new opportunities in terms 
of  data  collection  and  management  of  integrated  systems.  This  creates  opportunities  for  the 
potential digitalisation, automation and standardisation of several processes, which would allow 
for  the  facilitation  of  safety,  security,  sustainability  and  efficiency  of  maritime  operations, 
including  surveillance  mechanisms,  at  Union  level,  reducing  in  parallel  the  administrative 
burden  to  the  Member  States.  In  this  regard,  the  Agency  should,  among  others,  facilitate  and 
promote the use of electronic certificates, the collection, recording and evaluation of technical 
data, the systematic exploitation of existing databases, including their cross-fertilisation through 
the  use  of  innovative  IT  and  artificial  intelligence  tools,  and,  where  appropriate,  the 
development of additional interoperable databases. 

(21) 

(22) 

 In  order  to  properly  carry  out  the  tasks  entrusted  to  the  Agency,  it  is  appropriate  that  its 
officials should carry out visits to the Member States in order to monitor the overall functioning 
of  the  Union  maritime  safety  and  pollution  prevention  system.  The  Agency  should  also  carry 
out  inspections  in  order  to  assist  the  Commission  in  the  assessment  of  the  effective 
implementation of Union law.  

In  the  context  of  the  IMO,  the  International  Labour  Organisation  (ILO)  and  the  Paris 
Memorandum  of  Understanding  on  Port  State  Control,  signed  at  Paris  on  26  January  1982  
(‘Paris  MoU’),  the  Commission  and  the  Member  States  may  need  technical  assistance  and 
expertise.  Likewise, the  Commission may  also  need the technical  assistance of the  Agency in 
supporting  third  countries  in  the  maritime  domain,  in  particular  with  capacity  building  and 
pollution  prevention  and  response  means.  The  Management  Board  of  the  Agency  should  be 
tasked  with  adopting  a  strategy  for  international  relations  of  the  Agency  concerning  matters 
under its competence, as part of the single programming document. 

(23)  National authorities carrying out coast guard functions are responsible for a wide range of tasks, 
which  may  include  maritime  safety,  security,  search  and  rescue,  border  control,  fisheries 

28 

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community 
vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, 
p. 10). 

EN 

16 

  EN 

                                                 
control, customs control, general law enforcement and environmental protection. The Agency, 
the European  Border  and Coast  Guard Agency,  established by Regulation (EU) 2019/1896  of 
the  European  Parliament  and  of  the  Council29,  and  the  European  Fisheries  Control  Agency, 
established  by  Regulation  (EU)  2019/473  of  the  European  Parliament  and  of  the  Council30, 
should  therefore  strengthen  their  cooperation,  within  their  mandate,  both  with  each  other  and 
with  the  national  authorities  carrying  out  coast  guard  functions,  in  order  to  increase  maritime 
situational awareness and to support coherent and cost-efficient action. 

(24)  The implementation of this Regulation should not affect the division of competence between the 
Union  and  the  Member  States  or  the  obligations  of  Member  States  under  international 
conventions  such  as  the  United  Nations  Convention  on  the  Law  of  the  Sea,  the  International 
Convention for the Safety of Life at Sea, the International Convention on Maritime Search and 
Rescue,  the  International  Convention  for  the  Prevention  of  Pollution  from  Ships,  the 
International  Convention  on  Standards  of  Training,  Certification  and  Watchkeeping  for 
Seafarers, and other relevant international maritime instrument. 

(25) 

(26) 

(27) 

In order to streamline the decision-making process in the Agency and to contribute to enhancing 
efficiency  and  effectiveness,  a  two-level  governance  structure  should  be  introduced.  To  that 
end,  the  Member  States  and  the  Commission  should  be  represented  on  a  Management  Board 
vested with the necessary powers, including the power to establish the budget and approve the 
programming  document.  The  Management  Board  should  give  general  orientations  for  the 
Agency's activities and be more closely involved in  the monitoring of the Agency's activities, 
with  a  view  to  reinforcing  supervision  on  administrative  and  budgetary  matters.  A  smaller 
Executive Board should be set up with the task of preparing the meetings of the Management 
Board in an appropriate manner and supporting its decision-making process. The powers of the 
Executive Board should be defined in a mandate to be adopted by the Management Board and 
should,  where  necessary,  include  opinions  and  provisional  decisions  subject  to  final 
endorsement  by  the  Management  Board.  The  Agency should  be headed  by  an  Executive 
Director.  

In order to guarantee the transparency of the Management Board's decisions, representatives of 
the  sectors  concerned  should  attend  its  meetings,  but  without  the  right  to  vote.  The 
representatives of the various stakeholders should be appointed by the Commission on the basis 
of their representativeness at Union level.  

In  order  to  perform  its  tasks  properly,  the  Agency  should  have  legal  personality  and  an 
autonomous  budget  funded  mainly  through  a  contribution  by  the  Union  and  through  fees  and 
charges  paid  by  third  countries  or  other  entities.  The  Agency's  independence  and  impartiality 
should not be compromised by any financial contribution that it receives from Member States, 
third countries or other entities. In order to ensure independence in its daily management and in 
the opinions, recommendations and decisions which it issues, the Agency's organisation should 
be  transparent  and  the  Executive  Director  should  have  full  responsibility.  The  Agency's  staff 
should be independent and should be employed on both short-term and long-term contracts in 
order  to  maintain  its  organisational  knowledge  and  business  continuity,  while  keeping  a 

29 

30 

Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European 
Border  and  Coast  Guard  and  repealing  Regulations  (EU)  No  1052/2013  and  (EU)  2016/1624  (OJ  L  295, 
14.11.2019, p. 1). 
Regulation  (EU)  2019/473  of  the  European  Parliament  and  of  the  Council  of  19  March  2019  on  the  European 
Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18). 

EN 

17 

  EN 

                                                 
necessary and ongoing exchange of expertise with the maritime sector. The expenditure of the 
Agency should include staff, administrative, infrastructure and operational expenses. 

(28)  With  regard  to  the  prevention  and  management  of  conflicts  of  interest,  it  is  essential  that  the 
Agency  acts  impartially,  demonstrates  integrity  and  establishes  high  professional  standards. 
There should never be any legitimate  reason to  suspect  that decisions might  be influenced by 
interests conflicting with the role of the Agency as a body serving the Union as a whole or by 
private interests or affiliations of any member of the Management Board which would create, or 
have the potential to create, a conflict with the proper performance of the official duties of the 
person  concerned.  The  Management  Board  should  therefore  adopt  comprehensive  rules  on 
conflicts of interests.  

(29)  A  broader  strategic  perspective  in  relation  to  the  activities  of  the  Agency  would  facilitate  the 
planning and management of its resources in a more effective manner and would contribute to a 
higher  quality  of  its  outputs.  That  is  confirmed  and  reinforced  by  Delegated  Regulation  (EU) 
2019/715.  Therefore, a single programming document containing the  annual  and multi-annual 
work  programmes  should  be  adopted  and  updated  periodically  by  the  Management  Board, 
following proper consultation of the relevant stakeholders. 

(30)  When the Agency is asked to conduct a new task not specifically provided for in its mandate or 
certain tasks  for which a consideration and an analysis of  the impact on its resources, in human 
and  budgetary  terms,  is  necessary  according  to  its  mandate,  the  Management  Board  should 
include  such  tasks  in  the  programming  document  only  after  such  an  analysis.  That  analysis 
should  identify the necessary resources  with  which  the  Agency  could deliver upon those new 
tasks and whether the existing tasks of the Agency are negatively affected. 

(31)  The  Agency should  be  properly  resourced  to  carry  out  its  tasks and granted  an  autonomous 
budget. It should  be  mainly  financed by a  contribution  from the  general  budget  of  the 
Union. The Union budgetary  procedure should be applicable  to the  Union contribution  and  to 
any  other  subsidies  chargeable  to  the  general  budget  of  the  Union.  The  auditing  of  accounts 
should be undertaken by the Court of Auditors of the Union. 

(32)  Fees  improve the  funding  of an agency and  may  be  considered  for  specific  services,  falling 
under the scope of its competencies, rendered by the Agency to third countries or the industry. 
Any fees levied by the Agency should cover its costs for providing the respective services. 

(33) 

In order to ensure uniform conditions for the implementation of this Regulation with regards to 
fees and charges, implementing powers should be conferred on the Commission. Those powers 
should  be  exercised    in  accordance  with    Regulation    (EU)    No    182/2011    of  the  European 
Parliament and of the Council31. 

(34)  Over the past years, as more decentralised agencies have been created, transparency and control 
over the management of Union funding allocated to them has improved, in particular as regards 
the  budgetisation  of  fees,  financial  control,  power  of  discharge,  pension  scheme  contributions 
and  the  internal  budgetary  procedure  (code  of  conduct).  Similarly,  Regulation  (EU,  Euratom) 
No 883/2013 of the European Parliament and of the Council32 should apply without restriction 

31 

32 

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the 
rules  and  general  principles  concerning  mechanisms  for  control  by  the  Member  States  of  the  Commission's 
exercise of implementing powers (OJ L55, 28.2.2011, p. 13) 
Regulation  (EU,  Euratom)  No  883/2013  of  the  European  Parliament  and  of  the  Council  of  11  September  2013 
concerning  investigations  conducted  by  the  European  Anti-Fraud  Office  (OLAF)  and  repealing  Regulation  (EC) 

EN 

18 

  EN 

                                                 
 
to  the  Agency,  which  should  accede  to  the  Inter-institutional  Agreement  of  25  May  1999 
between the European Parliament, the Council of the European Union and the Commission of 
the  European  Communities  concerning  internal  investigations  by  the  European  Anti-Fraud 
Office (OLAF)33. 

(35)  Since the objectives of this Regulation, namely to establish a specialised body that can assist the 
Commission and the Member States in the application and monitoring of the Union legislation 
in  the  field  of  maritime  safety,  as  well  as  with  the  evaluation  of  its  effectiveness,  cannot  be 
sufficiently achieved by  the Member States but can rather, by reason of the cooperation to be 
done, be better achieved at Union level, the Union may adopt measures, in accordance with the 
principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance 
with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this  Regulation  does  not  go 
beyond what is necessary in order to achieve those objectives. 

(36) 

It  is  necessary  for  the  proper  functioning  of  the  Agency  to  implement  certain  principles 
regarding  the  governance  of  the  Agency  in  order  to  comply  with  the  Joint  Statement  and 
Common  Approach  agreed  by  the  Inter-Institutional  Working  Group  on  EU  decentralised 
agencies  in  July  2012,  the  purpose  of  which  is  to  streamline  the  activities  of  agencies  and 
increase their performance. 

(37)  This  Regulation  respects  the  fundamental  rights  and  observes  the  principles  recognised  in 

particular by the Charter of Fundamental Rights of the European Union.  

(38)  The European Maritime Safety Agency established by Regulation (EC) No 1406/2022 remains 

the same legal person and will continue all its activities and  procedures. 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

SUBJECT MATTER, SCOPE AND OBJECTIVES 

Article 1 

Establishment, subject matter and scope 

1. 

2. 

33 

This Regulation provides comprehensive rules on the tasks, functioning and governance of the 
European  Maritime  Safety  Agency  established  by  Regulation  (EC)  No  1406/2002  (‘the 
Agency’). 

The  Agency  shall  assist  the  Member  States  and  the  Commission  in  the  effective  application 
and implementation of Union law related to maritime transport across the Union. To that end, 
the  Agency  shall  cooperate  with  the  Member  States  and  the  Commission  and  provide  them 

No 1073/1999 of the European Parliament and of the Council and Council  Regulation (Euratom) No 1074/1999 
(OJ L 248, 18.9.2013, p. 1). 
OJ L 136, 31.5.1999, p. 15. 

EN 

19 

  EN 

 
 
  
                                                                                                                                                                        
with  technical,  operational  and  scientific  assistance  within  the  scope  of  the  Agency’s 
objectives and tasks set out in Article 2 and Chapters II and III.  

By providing the  assistance referred to  in  paragraph 2,  the Agency shall in  particular  provide 
3. 
support to the Member States and the Commission to apply the relevant Union legal acts properly while 
contributing  to  the  overall  efficiency  of  maritime  traffic  and  maritime  transport  as  set  out  in  this 
Regulation,  so  as  to  facilitate  the  achievement  of  the  Union’s  objectives  in  the  maritime  transport 
domain. 

Any  assistance  provided  by  the  Agency  shall  be  without  prejudice  to  the  rights  and 

4. 
responsibilities of the Member States as flag, port or coastal States.  

 Article 2 

Objectives of the Agency 

1. 
The objectives of the Agency shall be the promotion and establishment of a high, uniform and 
effective  level  of  maritime  safety  aiming  towards  zero  accidents,  maritime  security,  the  reduction  of 
greenhouse  gas  emissions  from  ships  and  the  sustainability  of  the  maritime  sector  as  well  as  the 
prevention of and response to pollution caused by ships and the response to marine pollution caused by 
oil and gas installations.  

Further objectives of the Agency shall be the promotion of digitalisation of the maritime sector 
2. 
by  facilitating  the  electronic  transmission  of  data  supporting  simplification  and  the  provision  of 
integrated  maritime  surveillance  and  awareness  systems  and  services  to  the  Commission  and  the 
Member States. 

CHAPTER II 

TASKS OF THE AGENCY  

Article 3 

Horizontal technical support  

1. 

(a) 

(b) 

(c) 

The Agency shall assist the Commission: 

in  the  control  of  the  effective  implementation  of  relevant  binding  legal  acts  of  the  Union, 
falling  under  the  objectives  of  the  Agency,  in  particular  by  carrying-out  the  visits  and 
inspections as referred to in Article 10.  In this regard, the Agency may address suggestions to 
the Commission for possible improvements; 

 in the preparatory work for updating and developing relevant legal acts of the Union falling 
under  the  objectives  of  the  Agency,  in  particular  in  accordance  with  the  development  of 
international law; 

in  the  performance  of  any  other  task  assigned  to  the  Commission  in  legislative  acts  of  the 
Union regarding the objectives of the Agency.  

EN 

20 

  EN 

 
 
 
 
2. 

(a) 

The Agency shall work with the Member States to: 

organise, where appropriate, relevant capacity building and training activities in fields which 
fall under the objectives of the Agency and are the responsibility of the Member States. In this 
regard, the Agency shall establish appropriate capabilities  with the aim to develop, implement 
and coordinate training activities relevant to the objectives  of the Agency, including through 
the development of common core curricula courses, seminars, conferences, workshops as well 
as web-based, e-learning and other innovative and advanced training tools. The details of such 
training activities provided outside formal education shall be developed in close consultation 
with  the  Member  States  and  the  Commission  and  approved  by  the  Management  Board  in 
accordance with Article 17 of this Regulation, while fully respecting Article 166 of the Treaty 
on the Functioning of the European Union (TFEU); 

(b) 

develop  technical  solutions,  including  the  provision  of  relevant  operational  services,  and 
provide  technical  assistance,  to  building  up  the  necessary  national  capacity  for  the 
implementation of relevant legal acts of the Union pertinent to the objectives of the Agency.  

3. 
The Agency shall promote and facilitate cooperation between Member States and between them 
and  the  Commission  in  the  implementation  of  the  Union  legislation  by  promoting  the  exchange  and 
dissemination of experiences and good practices. 

4. 
The Agency shall contribute, at  the Commission’s request,  or  on its own initiative, subject  to 
the approval of the Management Board in accordance with Article 17, to maritime research activities at 
the Union level consistent with  the objectives of the Agency.  In this regard, the Agency shall assist 
the Commission and the Member States in identifying key research themes, without prejudice to other 
research  activities  at  the  Union  level,  and  in  analyzing  ongoing  and  completed  research  projects 
relevant  to  the  objectives  of  the  Agency.  Where  appropriate,  subject  to  the  applicable  rules  on 
intellectual property and security considerations, the Agency may disseminate the results of its research 
and innovation activities, following approval by the Commission, as part of its contribution to creating 
synergies between the research and innovation activities of other Union bodies and the Member States. 

5. 
Where  required  for  the  implementation  of  its  tasks,  the  Agency  shall  undertake  studies, 
involving  the  Commission  and  where  applicable,  through  consultation  steering  groups,  the  Member 
States,  and  where  appropriate,  the  social  partners  and  industry  representatives  with  expertise  in  the 
relevant topics.  

6. 
On the basis of the research and studies conducted by the Agency, but also on the basis of the 
experience  gained  through  its  own  activities,  especially  the  visits  and  inspections,  and  exchange  of 
information and good practices with the Member States and the Commission, the Agency may issue, 
after  prior  consultation  with  the  Commission,  relevant  non-binding  recommendations,  guidelines  or 
manuals  to  support  and  facilitate  Member  States,  and  where  appropriate  the  industry,  in  the 
implementation of the Union legislation. 

Article 4 

Tasks relating to maritime safety 

The Agency shall monitor progress  on the safety  of maritime transport in the Union,  conduct 
1. 
risk analysis on the basis of the available data and  develop  safety risk assessment models to  identify 
safety challenges and risks. Every three years it shall present to the Commission a report on progress on 
maritime safety with possible technical recommendations that could be addressed at the Union or the 
international level. In this regard, the Agency shall in particular analyse and propose relevant guidance 
or recommendations in relation to potential safety risks stemming from the uptake and deployment of 
sustainable alternative sources of power for ships, including onshore power supply to ships at berth. 

EN 

21 

  EN 

2.  
The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  implementation  of 
Directive 2009/21/EC. In particular, the Agency shall develop and maintain the inspection database in  
accordance  with  [Article  6a]  of    that  Directive,    establish  the  electronic  reporting  tool  referred  to  in 
[Article 9b] of that Directive, maintain the public website referred to in Article 8(2c) and provide to the 
Commission recommendations on the basis of the data collected.  

The Agency shall  assist the Commission in participating as an observer in the International Maritime 
Organisation auditing process according to [Article 7] of Directive 2009/21/EC.  The Agency shall also 
develop relevant tools and services assisting the Member States, upon their request, on fulfilling their 
obligations under Directive 2009/21/EC.  

The Agency shall also provide a common capacity building scheme  for flag State surveyors and flag 
State inspectors of the Member States, referred to in [Article 4c]of the aforementioned Directive.  

3. 
The Agency shall assist the Commission in the  development and maintenance of the databases 
provided  for  in  Articles  24  and  24a  of  Directive  2009/16/EC.  On  the  basis  of  the  data  collected,  the 
Agency shall assist the Commission in the analysis of the relevant information and the publication of 
information concerning ships and companies with low and very low performance pursuant to Directive 
2009/16/EC.  

The Agency shall develop relevant tools and services assisting the Member States, upon their request, 
on fulfilling their obligations under Directive 2009/16/EC.  

The Agency shall also provide a professional development and training program for port State control 
inspectors of the Member States, as provided for in  [Article 22 (7)] of the aforementioned Directive 
2009/16/EC. 

The Agency shall assist the Commission in the development and maintenance of the database 
4. 
provided for in Article 17 of Directive 2009/18/EC. On the basis of the data collected the Agency shall 
compile  a  yearly  overview  of  marine  casualties  and  incidents.  The  Agency  shall,  if  requested  by  the 
concerned Member States and where no conflict of interest arises, provide operational support to these 
Member States concerning safety investigations. The Agency shall also carry out an analysis of safety 
investigation reports with a view to identify added value at Union level in terms of any relevant lessons 
to be drawn.  

The Agency shall provide  a professional  development  and training program  to  the competent  marine 
safety accident investigation Authorities. 

5. The Agency shall assist the Commission and the Member States in the implementation of Directives 
2009/45/EC34 and 2003/25/EC of the European Parliament and of the Council35 and Council Directive 
98/41/EC36. The Agency shall, in particular, develop and maintain a database for recording measures as 
provided for in Article 9 of Directive 2009/45/EC and Article 9 of Directive 98/41/EC and assist the 
Commission in the assessment such measures.   

6.  The  Agency  shall  facilitate  the  cooperation  and  the  exchange  of  information  between  the 
Commission and the Member States for the assessment of the recognised organisations that carry out 

34 

35 

36 

Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards 
for passenger ships (OJ L 163, 25.6.2009, p. 1). 
Directive  2003/25/EC  of  the  European  Parliament  and  of  the  Council  of  14  April  2003  on  specific  stability 
requirements for ro-ro passenger ships (OJ L 123, 17.5.2003, p. 22). 
Council  Directive  98/41/EC  of  18  June  1998  on  the  registration  of  persons  sailing  on  board  passenger  ships 
operating to or from ports of the Member States of the Community (OJ L 188, 2.7.1998, p. 35). 

EN 

22 

  EN 

                                                 
survey  and  certification  tasks  in  accordance  with  Article  8(1)  of  Regulation  (EC)  No  391/200937.  In 
particular, the Agency shall: 

(a) 

(b) 

provide to the Commission an opinion on its assessment of the recognised organisations under 
Article 8(1) of  Regulation (EC) No 391/2009;  

provide  to  the  Member  States  appropriate  information  in  the  context  of  the  inspections 
conducted to support the Commission’s assessment under Article 8 (1) of Regulation (EC) No 
391/2009  in  order  to  support  the  monitoring  and  oversight  of  the  recognised  organisations 
according  to  Article  9  of  Directive  2009/15/EC  of  the  European  Parliament  and  of  the 
Council38  supporting  the  Member  States  in  the  discharge  of  their  Union  and  international 
obligations  as  flag  States.  In  this  regard,  the  Agency  shall  assist  the  Commission  in  the 
managing  of  the  high  level  group  on  flag  State  matters  under  [Article  9  (1)]  of  Directive 
2009/21/EC. 

(c) 

provide, on its own initiative or at the Commission’s request, a recommendation and technical 
assistance to the Commission on possible remedial measures or the imposition of fines to the 
recognised organisations in accordance with Article 5 and 6 of Regulation (EC) No 391/2009. 

The Agency shall assist the Commission in the implementation of Directive 2014/90/EU of the 
7. 
European  Parliament  and  of  the  Council39  by  providing  its  technical  assessment  on  safety  aspects, 
providing  recommendations  with  lists  of  the  respective  design,  construction  and  performance 
requirements  and  testing  standards,  developing  and  maintaining  the  database  provided  for  in  Article 
35(4)  of  that  Directive  and  facilitating  cooperation  between  notified  assessment  bodies  acting  as  the 
technical secretariat for their coordination group.  

8. 
The Agency shall assist the Commission and the Member States in the identification of safety 
risks  related  to  the  development  of  maritime  autonomous  and  automated  surface  ships  (MASS),  and 
assist the Member States by facilitating, through research and the development of relevant digital tools, 
guidance and manuals for the approval of MASS projects and/or operations. 

The Agency shall  gather and  analyse data on seafarers provided and used in  accordance with 
9. 
Directive  (EU)  2022/993  of  the  European  Parliament  and  of  the  Council40.  It  may  also  gather  and 
analyse data on the implementation of the Maritime Labour  Convention, 2006 (MLC, 2006) with the 
aim of assisting in the improvement of the onboard working and living conditions of seafarers.. 

Article 5 

Tasks relating to sustainability  

37 

38 

39 

40 

Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules 
and standards for ship inspection and survey organisations (OJ L 131, 28.5.2009, p. 11). 
Directive  2009/15/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  on  common  rules  and 
standards for ship inspection and survey organisations and for the  relevant activities of maritime administrations 
(OJ L 131, 28.5.2009, p. 47). 
Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on  marine equipment and 
repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146). 
Directive (EU) 2022/993 of the European Parliament and of the Council of 8 June 2022 on the minimum level of 
training of seafarers (OJ L 169, 27.6.2022, p. 45). 

EN 

23 

  EN 

 
 
                                                 
1. 
The Agency shall, in a cost efficient, way support the Member States with additional pollution 
response means in case of pollution caused by ships as well as marine pollution caused by oil and gas 
installations. The Agency shall so act on  request of the affected Member State under the authority of 
which the cleaning operations are conducted. Such assistance is without prejudice to the responsibility 
of coastal States to have appropriate pollution response mechanisms in place and shall respect existing 
cooperation between Member States in this field. The operational means that the Agency provides to 
the  Member  States  shall  take  into  account  and  cater  for  the  transition  of  the  sector  to  the  use  of 
sustainable  alternative  sources  of  power  for  ships.  As  appropriate,  requests  for  mobilisation  of  anti-
pollution  actions  shall  be  relayed  through  the  Union  Civil  Protection  Mechanism  established  by 
Decision No 1313/2013/EU of the European Parliament and of the Council41. 

2. 
 The Agency shall assist the Commission and the Member States with the detection of possible 
pollution and pursuit of ships making illegal discharges in accordance with Directive 2005/35/EC. The 
Agency shall in particular assist with the implementation of Articles [10, 10a, 10b, 10c and 10d] of that  
Directive by: 

(a) 

(b) 

(c) 

(d) 

developing  and  maintaining  the  necessary  information  system  (CleanSeaNet),  as  part  of  the 
Union Maritime Information and Exchange System (SafeSeaNet), and databases; 

collecting,  analysing  and  disseminating  the  relevant  information  on  the  implementation  and 
enforcement of  Directive 2005/35/EC; 

providing capacity building to the competent national authorities and facilitating the exchange 
of best practices; 

developing and maintaining the online external  reporting channel  for receiving and handling 
information  on  potential  illegal  discharges  communicated  by  the  crew  and  shall  relay  such 
information to the Member State or Member States concerned. 

3. 
The Agency shall provide the CleanSeaNet service and any other tools to assist the Commission 
and the Member States, upon their request, to monitor the extent and environmental impact of marine 
oil pollution caused by oil and gas installations.   

4. 
The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  implementation  of 
Directive (EU) 2019/883 on port reception facilities for the delivery of waste from ships. In particular, 
the Agency shall assist the Commission in the development and maintenance of the inspection database 
provided for in Article 14 of  that Directive.  

5. 
The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  context  of  the 
implementation  of  Directive  2008/56/EC,  by  contributing  to  the  objective  of  achieving  good 
environmental status of marine waters with its shipping-related elements and in exploiting the results of 
existing tools such as the Integrated Maritime Services. In this regard, the Agency shall conduct further 
research in issues related to lost containers, including plastic pellets, and underwater noise and provide 
recommendations to the Commission and the Member States.  

6. 
The  Agency  shall  assist  the  Commission  and  the  Member  States,  including  with  operational 
tools and services, in the implementation of the shipping-related elements of Directive (EU) 2016/802. 
In  this  regard,  the  Agency  shall  also  enhance  and  maintain  a  database  providing  assistance  to  the 
Member  States  on  targeting  and  prioritising  appropriately  ships  for  inspections  based  on  risk  of  non 
compliance with that Directive.   

41 

Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil 
Protection Mechanism (OJ L 347, 20.12.2013, p. 924). 

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7. 
The  Agency  shall  assist  the  Commission  and  the  Member  States,  upon  their  request,  with 
appropriate  operational  tools  and  services  on  the  monitoring  and  collection  of  data  in  relation  to 
nitrogen oxides (NOx) emissions from ships.  

8. 
The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  implementation  of 
Regulation (EU) No 1257/2013 of the European Parliament and of the Council42 by issuing appropriate 
guidance  and  through  the  collection  and  analysis  of  data  on  compliance  with  the  provisions  of  that 
Regulation.  

The Agency shall every three years present to the Commission a report on the progress made in 

9. 
reducing the environmental impact of maritime transport at the Union level. 

Article 6 

Tasks relating to decarbonisation 

1. 
The  Agency  shall  monitor  progress  on  the  operational  and  technical  measures  undertaken  to 
increase the energy efficiency of ships and the deployment of sustainable alternative fuels, energy and 
power  systems  for  ships,  including  onshore  power  supply  and  wind  propulsion  assistance,  to  reduce 
greenhouse gas emissions from ships.   

2. 
The Agency shall provide technical assistance to the Commission and the Member States, upon 
their  request,  in  relation  to  regulatory  efforts  to  reduce  greenhouse  gas  emissions  from  ships.  In  this 
regard, the Agency may utilize any operational tools or services pertinent to the task. The Agency shall 
in  particular  research,  analyse  and  propose  relevant  guidance  or  recommendations  in  relation  to  the 
uptake and deployment of sustainable alternative fuels, energy and power systems for ships, including 
onshore  power  supply  and  wind  propulsion  assistance  as  well  as  in  relation  to  energy  efficiency 
measures. 

The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  implementation  of 
3. 
Regulation (EU)[.., on the use of renewable and low-carbon fuels in maritime transport]. In particular, 
the  Agency  shall  assist  the  Commission  with  the   development  and  maintenance  of  the  FuelEU 
database and other relevant IT tools as referred to in [Article 16] of that Regulation, in the development 
of the appropriate monitoring tools, guidance and risk-based targeting tools to facilitate verification and 
enforcement activities provided for in [Article 15 ter] of  that Regulation and with the analysis of the 
relevant data and the preparation of the reporting under [Article 28] of that Regulation. 

The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  implementation  of 
4. 
Regulation  (EU)  2015/757.  In  particular,  the  Agency  shall  assist  the  Commission  with  the 
development, update and maintenance of relevant IT tools, databases and guidance for the purposes of 
implementing  that  Regulation  and  facilitating  enforcement  activities,  assist  the  Commission  with  the 
analysis of relevant data reported under that Regulation, and support the Commission in its activities to 
comply with the obligations under Article 21 of that Regulation.  

5. 
The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  implementation  of  
Directive  2003/87/EC,  as  relevant  to  the  maritime  sector.  In  particular,  the  Agency  shall  assist  the 
Commission  with  the  development  of  the  appropriate  IT  implementation  tools,  monitoring  tools, 
guidance  and  risk-based  targeting  tools  to  facilitate  verification,  enforcement  and  implementation 

42 

Regulation  (EU)  No  1257/2013  of  the  European  Parliament  and  of  the  Council  of  20  November  2013  on  ship 
recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1). 

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activities  related  to  Directive  2003/87/EC,  as  relevant  to  the  maritime  sector,  while  exploiting  the 
results of existing relevant tools, services and databases.  

6.  The  Agency  shall  every  three  years  present  to  the  Commission  a  report  on  the  progress  made  in 
achieving the decarbonisation of maritime transport at the Union level. Where possible, the report shall 
include technical analysis on identified issues that could to be addressed at the Union level.  

Article 7 

Tasks relating to maritime security and cybersecurity 

The  Agency  shall  provide  technical  assistance  to  the  Commission  in  the  performance  of  the 

1. 
inspection tasks assigned to it pursuant to Article 9(4) of Regulation (EC) No 725/2004. 

2. 
The  Agency  shall  assist  the  Commission  and  the  Member  States,  together  with  any  other 
relevant Union body, in developing resilience against cybersecurity incidents in the maritime sector in 
particular  by  facilitating  the  exchange  of  best  practices  and  information  on  cyber  security  incidents 
between the Member States. 

Article 8 

Tasks relating to  maritime surveillance and maritime crises 

1. 
The  Agency  shall  provide  to  the  Commission  and  the  Member  States,  upon  their  request, 
maritime surveillance and communication services based on state-of-the-art, including space-based and 
ground  infrastructure  and  sensors  mounted  on  any  kind  of  platform,  improving  maritime  situational 
awareness.  

In  the  field  of  traffic  monitoring  covered  by  Directive  2002/59/EC,  the  Agency  shall  in 
2. 
particular  promote  cooperation  between  riparian  States  in  the  shipping  areas  concerned,  as  well  as, 
develop, maintain and operate the  European Union  Long-Range  Identification and Tracking of Ships 
European  Data  Centre  and  the  Union  Maritime  Information  and  Exchange  System  (SafeSeaNet)  as 
referred  to  in  Articles  6b  and  22a  of  that  Directive  as  well  as  the  International  Long-Range 
Identification  and  Tracking  information  data  exchange  system  in  accordance  with  the  commitment 
made in the IMO. 

The  Agency  shall  provide,  upon  request  and  without  prejudice  to  national  and  Union  law, 
3. 
relevant  vessel  positioning  and  Earth  observation  data  to  the  Commission,  the  competent  national 
authorities  and  relevant  Union  bodies  within  their  mandate  in  order  to  facilitate  measures  against 
threats  of  piracy  and  of  intentional  unlawful  acts  as  provided  for  in  applicable  Union  law  or  under 
internationally  agreed  legal  instruments  in  the  area  of  maritime  transport,  subject  to  applicable  data 
protection rules and in accordance with administrative procedures to be established by the High Level 
Steering Group established in accordance with Directive 2002/59/EC, as appropriate. The provision of 
long-range  identification  and  tracking  of  ships  data  shall  be  subject  to  the  consent  of  the  flag  State 
concerned. 

4. 
The Agency shall operate a center available 24 hours a day and 7 days a week providing, upon 
request  and without prejudice to  national  and Union  law,  to  the Commission,  the competent  national 
authorities, without prejudice to their rights and responsibilities as flag, coastal and port States, and to 
relevant  Union  bodies,  within  their  mandate,  maritime  situational  awareness  and  analytical  data,  as 
appropriate, supporting them in: 

(a) 

(b) 

safety, security and pollution at sea; 

situations of emergency at sea; 

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(c) 

(d) 

the implementation of any Union legislation requiring the monitoring of ship movements; 

measures  against  threats  of  piracy  and  of  intentional  unlawful  acts  as  provided  for  in 
applicable Union law or under internationally agreed legal instruments in the area of maritime 
transport; 

(e) 

the deployment of MASS and their interaction with conventional ships. 

The provision of such information shall be subject to applicable data protection rules and in accordance 
with  administrative  procedures  to  be  established  by  the  High  Level  Steering  Group  established  in 
accordance with Directive 2002/59/EC, as appropriate. The provision of long-range identification and 
tracking of ships data shall be subject to the consent of the flag State concerned. 

5. 
The  Agency  shall  within  its  field  of  competence  contribute  to  a  timely  response  to  and 
mitigation  of  crises  by  assisting,  upon  request,  the  Member  States  and  the  Commission  with  the 
execution of contingency plans and by facilitating the exchange of information and best practices. 

6. 
The  Agency  shall  assist  the  Commission  in  the  operation  of  the  maritime  surveillance 
component of the Copernicus Security Service within the governance and financial framework of the 
Copernicus programme.  

7. 
The  Agency  shall  assist  the  Commission  and  the  Member  States  in  the  development  and 
maintenance  of  the  voluntary  Common  Information  Sharing  Environment  (CISE),  an  interoperability 
solution, with the aim of facilitating information exchange between different systems used by civil and 
military authorities with responsibility in the maritime domain complementing the information already 
available through the mandatory information systems. 

Article 9 

Tasks  relating to digitalisation and simplification 

The Agency shall, where appropriate, collect and provide, in the areas of Union law within the 
1. 
Agency’s competence, objective, reliable and comparable statistics, information and data, to enable the 
Commission and the Member States to take the necessary steps to improve their actions and to evaluate 
the effectiveness and cost-efficiency of existing measures. Such tasks shall include the facilitation and 
promotion  of  electronic  certificates,  the  collection,  recording  and  evaluation  of  technical  data,  the 
systematic  exploitation  of  existing  databases,  including  their  cross-fertilisation  through  the  use  of 
innovative  IT  and  artificial  intelligence  tools,  and,  where  appropriate,  the  development  of  additional 
interoperable databases. In this regard, the Agency shall also contribute to the maritime domain of the 
common European mobility data space by exploring links with systems of other transport modes.  

The  Agency  shall  assist  the  Commission  in  the  implementation  of  the  Regulation  (EU) 

2. 
2019/1239 of the European Parliament and of the Council43, with the following tasks: 

(a) 

43 

to  develop,  make  available  and  maintain  the  common  IT  components  and  services  of  the 
European Maritime Single Window environment (‘EMSWe’)  under the responsibility of the 
Commission; 

Regulation  (EU)  2019/1239  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  establishing  a 
European  Maritime  Single  Window  environment  and  repealing  Directive  2010/65/EU  (OJ  L  198,  25.7.2019,  p. 
64). 

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(b) 

(c) 

(d) 

to maintain the EMSWe Data Set, the Message Implementation Guide and the templates of the 
digital spreadsheets; 

to provide technical guidance to the Member States for the implementation of the EMSWe. 

 to facilitate the re-use and the sharing of data exchanged in the EMSWe using SafeSeaNet. 

3. 
The  Agency  shall  provide  technical  assistance  to  the  Member  States,  upon  their  request  and 
without  prejudice  to  their  rights  and  obligations  as  flag  States,  in  the  digitalization  of  their  registries 
and their procedures facilitating the uptake of electronic certificates.  

Article 10 

Visits to Member States and inspections   

1. 
In order to assist the Commission in fulfilling its duties under the TFEU, and in particular the 
assessment of the effective implementation of relevant Union law, the Agency shall carry out visits to 
Member  States  in  accordance  with  a  methodology  established  by  the  Management  Board.  Such 
methodology shall take into account an integrated approach by each visit aiming to verify more than 
one piece of legislation each time pertinent to the function of flag, port or coastal State of the examined 
Member State during the visit. 

2. 
The  Agency  shall  inform  the  Member  State  concerned  in  good  time  of  the  planned  visit,  the 
names of the authorised officials, and the date on which the visit starts and its expected duration. The 
Agency officials delegated to carry out such visits shall do so on presentation of a decision in writing 
from the Executive Director of the Agency specifying the purpose and the aims of their mission. 

3. 
The  Agency  may  carry  out  inspections  on  behalf  of  the  Commission  as  required  by  binding 
legal acts of the Union regarding organisations recognised by the Union in accordance with Regulation 
(EC)  No  391/2009,  and  as  regards  the  training  and  certification  of  seafarers  in  third  countries  in 
accordance with Directive (EU) 2022/993.  

The  Agency  may  also  carry  out  inspections  on  behalf  of  the  Commission  as  required  by  any 

4. 
other binding legal act of the Union if the Commission decides to delegate such a task to the Agency.  

5. 
At  the  end  of  each  visit  or  inspection,  the  Agency  shall  draw  up  a  report  and  send  it  to  the 
Commission  and  to  the  Member  State  concerned.  The  report  would  follow  the  template  previously 
established by the Commission.  

6. 
Where  appropriate,  and  in  any  case  when  a  cycle  of  visits  or  inspections  is  concluded,  the 
Agency shall analyse reports from that cycle with a view to identifying horizontal findings and general 
conclusions on the effectiveness and cost-efficiency of the measures in place. The Agency shall present 
this  analysis  to  the  Commission  for  further  discussion  with  Member  States  in  order  to  draw  any 
relevant lessons and facilitate the dissemination of good working practices. 

OTHER TASKS OF THE AGENCY REGARDING INTERNATIONAL RELATIONS AND 
EUROPEAN COAST GUARD COOPERATION 

CHAPTER III 

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Article 11 

International relations  

1. 
The  Agency  shall  provide  technical  assistance  necessary  for  the  Member  States  and  the 
Commission, upon their request, to contribute to the relevant work of the technical bodies of the IMO, 
the International  Labour Organisation as far as shipping is  concerned, and the Paris Memorandum of 
Understanding  on  Port  State  Control  (‘Paris  MoU’)  and  relevant  regional  organisations  to  which  the 
Union has acceded, with regard to matters of Union competence. 

For the purpose of carrying out these tasks in an efficient and effective manner, the Executive Director 
may decide to locate staff in Union delegations in third countries subject to the appropriate agreements 
with the European External Action Service. That decision requires the prior consent of the Commission 
and of the Management Board. That decision shall specify the scope of the activities to be carried out 
by  the  located  staff  in  a  manner  that  avoids  unnecessary  costs  and  duplication  of  administrative 
functions of the Agency. 

The Agency may, upon the request of the Commission, provide technical assistance, including 
2. 
the  organisation  of  relevant  training  activities,  as  regards  relevant  legal  acts  of  the  Union,  to  States 
applying  for  accession  to  the  Union,  and,  where  applicable,  to  European  Neighbourhood  partner 
countries and to countries taking part in the Paris MoU.  

3. 
The  Agency  may,  upon  the  request  of  the  Commission  or  the  European  External  Action 
Service,  or  both,  provide  assistance  in  case  of  pollution  caused  by  ships  as  well  as  marine  pollution 
caused by oil and gas installations affecting third countries sharing a regional sea basin with the Union. 
The Agency shall provide the assistance in line with the Union Civil Protection Mechanism established 
by Decision No 1313/2013/EU, and with the conditions applicable to Member States as referred to in 
Article  5  (1)  of  this  Regulation  applied  by  analogy  to  the  third  countries.  Those  tasks  shall  be 
coordinated with the existing regional cooperation arrangements related to marine pollution. 

Without prejudice to Article 24, the Agency may provide, upon the request of the Commission, 

4. 
technical assistance to third countries for matters falling under its competence.  

The  Agency  may  enter  into  administrative  arrangements  and  cooperation  with  other  Union 
5. 
bodies  working  in  the  matters  falling  within  the  scope  of  the  Agency’s  competence  following  the 
approval of the Commission. Such arrangements and cooperation shall be subject to the opinion of the 
Commission and periodical reporting to it.  

6. 
The  Management  Board  shall  adopt  a  strategy  for  international  relations  of  the  Agency 
concerning matters under its competence. That strategy shall be in line with the Commission’s political 
priorities  and  shall  aim  at  assisting  the  Commission  and  the  European  External  Action  Service  in 
fulfilling  such  priorities.  It  shall  be  included  in  the  programming  document  of  the  Agency,  with  a 
specification of associated resources. 

Article 12 

European cooperation on coast guard functions 

1. 
The  Agency  shall,  in  cooperation  with  the  European  Border  and  Coast  Guard  Agency, 
established by Regulation (EU) 2019/1896, and the European Fisheries Control Agency, established by 

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Regulation (EU) 2019/473, each within their mandate, support national  authorities carrying out  coast 
guard functions at national and Union level and, where appropriate, at international level by:  

(a) 

(b) 

(c) 

(d) 

(e) 

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

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;  

building  capacity  by  drawing  up  guidelines  and  recommendations  and  by  establishing  best 
practices as well as by providing training and exchange of staff;  

enhancing the exchange of information and cooperation on coast guard functions including by 
analysing operational challenges and emerging risks in the maritime domain;  

sharing capacity by planning and implementing multipurpose operations and by sharing assets 
and other capabilities, to the extent that these activities are coordinated by those agencies and 
are agreed to by the competent authorities of the Member States concerned.  

2. 
Without prejudice to the powers of the Management Board of the Agency set out in Article 15, 
the precise forms of cooperation on coast  guard functions between the Agency, the European Border 
and Coast Guard Agency and the European Fisheries Control Agency shall be determined in a working 
arrangement, in accordance with their respective mandates and the financial rules applicable to those 
agencies.  Such  an  arrangement  shall  be  approved  by  the  management  Board  of  the  Agency,  the 
Administrative  Board  of  the  European  Fisheries  Control  Agency  and  the  management  board  of  the 
European Border and Coast Guard Agency.  

3.  The  Commission  shall,  in  close  cooperation  with  the  Member  States,  the  Agency,  the  European 
Border  and  Coast  Guard  Agency  and  the  European  Fisheries  Control  Agency,  make  available  a 
practical  handbook  on  European  cooperation  on  coast  guard  functions.  That  handbook  shall  contain 
guidelines, recommendations and best practices for the exchange of information. The Commission shall 
adopt the handbook in the form of a recommendation.  

The  tasks  set  out  in  this  Article  shall  not  be  detrimental  to  the  Agency's  tasks  referred  to  in 
4. 
Articles 4 to 12 and shall not infringe upon Member States' rights and obligations, in particular as flag 
States, port States or coastal States. 

Article 13 

Communication and dissemination  

The  Agency  may  engage  in  communication  activities  on  its  own  initiative  in  the  fields  within  its 
mandate.  Communication  activities  shall  not  be  detrimental  to  the  rest  of  the  tasks  referred  to  in  the 
Articles 4 to 13 and shall be carried out in accordance with relevant communication and dissemination 
plans adopted by the Management Board. Those plans, based on an analysis of needs, shall be regularly 
updated by the Management Board. 

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CHAPTER IV 

ORGANISATION OF THE AGENCY  

Article 14 

Administrative and management structure  

The Agency's administrative and management structure shall comprise: 

(a) 

(b) 

(c) 

a Management Board, which shall exercise the functions set out in Article 16;  

an Executive Board, which shall exercise the functions set out in Article 21; 

an Executive Director, who shall exercise the duties set out in Article 23. 

Article 15 

Composition of the Management Board 

 The  Management  Board  shall  be  composed  of  one  representative  of  each  Member  State  and 

1. 
four representatives of the Commission, all with voting rights. 

The  Management  Board  shall  also  include  as  well  as  of  four  professionals  from  the  sectors  most 
concerned, as referred to in Article 2, appointed by the Commission, without the right to vote. 

All Management Board members shall be appointed on the basis of their degree of relevant experience 
and expertise in the areas referred to in Article 2. The Member States and the Commission shall each 
strive for a balanced representation  between men and women on the Management Board. One of  the 
four  professionals  shall  be  a  representative  of  the  Permanent  Cooperation  Framework  of  accident 
investigation bodies in accordance with  Article 10 of Directive 2009/18/EC. 

Each Member State and the Commission shall appoint their members of the Management Board 

3. 
as well as an alternate who will represent the member in his or her absence.  

4. 

The duration of the term of office shall be four years. The term of office may be renewed.  

5. 
Each member and alternate shall sign a written statement at the time of taking office declaring 
that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or 
her  statement  in  the  case  of  a  change  of  circumstances  with  regard  to  any  conflict  of  interests.  The 
Agency shall publish the statements and updates on its website. 

Article 16 

Functions of the Management Board 

1. 

(a) 

In order to ensure that the Agency carries out its tasks, the Management Board shall: 

give the general and strategic orientations for the Agency's activities; 

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(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

44 

adopt  each  year,  by  a  two-thirds  majority  of  its  members  with  voting  rights,  after  having 
received  the  opinion  of  the  Commission  and  in  accordance  with  Article  17,  the  single 
programming document of the Agency; 

adopt, by a two-thirds majority of its members with voting rights, the annual budget and the 
staff establishment plan of the Agency and exercise other functions in respect of the Agency's 
budget pursuant to Chapter VI; 

adopt,  by  a  two-thirds  majority  of  its  members  with  voting  rights,  the  consolidated  annual 
activity report on the Agency’s activities and forward it each year by 1 July to the European 
Parliament, the Council, the Commission, the Court of Auditors and the Member States. The 
report shall be made public; 

adopt the financial rules applicable to the Agency in accordance with Article 25;  

deliver an opinion on the Agency's final accounts ;  

establish the methodology for the visits to be carried out pursuant to Article  10. In the event 
that the Commission expresses, within 15 days from the date of adoption of the methodology, 
its disagreement, the Management  Board shall re-examine and adopt it, possibly amended, in 
second reading either with a two- thirds majority, including the Commission representatives, 
or by unanimity of the representatives of the Member States; 

consider and approve administrative arrangements, as referred to in Article 11 (5); 

adopt  an  anti-fraud  strategy,  proportionate  to  fraud  risks  taking  into  account  the  costs  and 
benefits of the measures to be implemented; 

adopt  rules  for  the  prevention  and  management  of  conflicts  of  interest  in  respect  of  its 
members and publish annually on its website the declaration of interests of the Management 
Board members; 

adopt and regularly update the communication and dissemination plans referred to in  Article 
13, based on an analysis of needs; 

adopt its rules of procedure; 

appoint  the  members  of  the  Executive  Board,  by  a  two-third  majority  of  its  members  with 
voting rights, in accordance with Article 21; 

adopt a mandate for the tasks of the Executive Board referred to in Article 21; 

in accordance with paragraph 2, exercise, with respect to the staff of the Agency, the powers 
conferred  by  the  Staff  Regulations  on  the  Appointing  Authority  and  by  the  Conditions  of 
Employment  of  Other  Servants  on  the  Authority  Empowered  to  Conclude  a  Contract  of 
Employment44 ;  

adopt  implementing  rules  for  giving  effect  to  the  Staff  Regulations  and  the  Conditions  of 
Employment of Other Servants in accordance with Article 110 (2) of the Staff Regulations; 

appoint, provide guidance and monitor the performance of  the Executive Director and where 
relevant extend his or her term of office or remove him or her from office in accordance with 
Article 22; 

Regulation  (EEC,  Euratom,  ECSC)  No  259/68  of  the  Council  of  29  February  1968  laying  down  the  Staff 
Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and 
instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1) 

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(r) 

(s) 

(t) 

(u) 

(v) 

(w) 

(x) 

(y) 

(z) 

establish procedures for decision-making by the Executive Director; 

if  appropriate,  appoint  an  Accounting  Officer,  subject  to  the  Staff  Regulations  and  the 
Conditions  of  Employment  of  Other  Servants,  who  shall  be  totally  independent  in  the 
performance of his or her duties;  

ensure  adequate  follow-up  to  findings  and  recommendations  stemming  from  the  internal  or 
external  audit  reports  and  evaluations,  as  well  as  from  investigations  of  the  European  Anti-
fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO);  

take all decisions on the establishment of the Agency's internal structures, including the set-up 
of advisory or working groups and, where necessary, their modification; 

decide  on  the  services  that  the  Agency  may  offer  against  fees  and  charges  and  a  adopt  a 
framework model for the financial apportionment of the fees and charges payable as referred 
to  in  Article  26    (3),  point  (c).  In  the  event  that  the  Commission  expresses,  within  15  days 
from the date of adoption of the Management Board’s decision concerning the services offered 
against  fees  or  the  framework  model,  its  disagreement,  the  Management  Board  shall  re-
examine and adopt it, possibly amended, in second reading either with a two- thirds majority, 
including  the  Commission  representatives,  or  by  unanimity  of  the  representatives  of  the 
Member States; 

adopt an efficiency gains and synergies strategy; 

adopt  a  strategy  for  cooperation  with  third  countries  or  international  organisations,  or  both, 
referred to in Article 11  (6). In the event that the Commission expresses, within 15 days from 
the date of adoption of the strategy, its disagreement, the Management  Board shall re-examine 
and adopt it, possibly amended, in second reading either with a two- thirds majority, including 
the Commission representatives, or by unanimity of the representatives of the Member States; 

adopt the internal security rules of the Agency referred to in Article 41; 

appoint the data protection officer of the Agency. 

2. 
The  Management  Board  shall  adopt,  in  accordance  with  Article  110(2),  of  the  Staff 
Regulations,  a  decision  based  on  Article  2  (1)  of  the  Staff  Regulations  and  on  Article  6  of  the 
Conditions  of Employment  of Other Servants,  delegating relevant  appointing authority powers to  the 
Executive  Director  and  defining  the  conditions  under  which  this  delegation  of  powers  can  be 
suspended. The Executive Director shall be authorised to sub-delegate those powers. 

Where  exceptional  circumstances  so  require,  the  Management  Board  may,  by  way  of  a  decision, 
temporarily  suspend  the  delegation  of  the  appointing  authority  powers  to  the  Executive  Director  and 
those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a 
staff member other than the Executive Director.   

Article 17 

Annual and multi-annual programming 

1. 
By 30 November each year the Management Board shall adopt a single programming document 
containing  multi-annual  and  annual  programming,  based  on  a  draft  put  forward  by  the  Executive 
Director,  taking  into  account  the  opinion  of  the  Commission.  It  shall  forward  it  to  the  European 
Parliament, the Council and the Commission.  

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In  the  event  that  the  Commission  expresses,  within  15  days  from  the  date  of  adoption  of  the  single 
programming document, its disagreement with the document, the Management Board shall re-examine 
the single programming  document and adopt it, possibly amended, within a period of two months, in 
second  reading  either  with  a  two-thirds  majority,  including  the  Commission  representatives,  or  by 
unanimity of the representatives of the Member States.  

The single programming  document shall become definitive after final  adoption of the  general 

2. 
budget and if necessary shall be adjusted accordingly. 

3. 
The annual work programme shall comprise detailed objectives and expected results including 
performance  indicators.  It  shall  also  contain  a  description  of  the  actions  to  be  financed  and  an 
indication  of  the  financial  and  human  resources  allocated  to  each  action,  in  accordance  with  the 
principles of activity-based budgeting and management. The annual work programme shall be coherent 
with  the  multi-annual  work  programme  referred  to  in  paragraph  7.  It  shall  clearly  indicate  tasks  that 
have been added, changed or deleted in comparison with the previous financial year. Annual or multi- 
annual  programming,  or  both,  shall  include  the  strategy  for  relations  with  third  countries  or 
international organisations referred to in Article 11 and the actions linked to this strategy.  

The Management Board shall amend the adopted annual work programme when a new task is 
4. 
given to the Agency. The inclusion of such a new task shall be subject to an analysis of the human and 
budgetary resources implications and may be subject to a decision to postpone other tasks. 

5. 
The Management Board shall examine and approve, in the framework of the preparation of the 
single programming document, Commission’s or Member States’ requests for technical assistance, as 
referred to in Article 3 (1), point (c), Article 3 (2), point (b), Article 5(5) to (8), Article 8(6) and (7), 
Article 9 (3), Article 10 (4) and Article 11 (2) and (4). The approval of such requests shall: 

(a) 

(b) 

(c) 

(d) 

not be detrimental to the other tasks of the Agency; 

shall avoid duplication of efforts; 

shall be  subject to an analysis of the human and budgetary resources implications; and  

may be subject to a decision to postpone other tasks. 

6. 
Any  substantial  amendment  to  the  annual  work  programme  shall  be  adopted  by  the  same 
procedure as the initial  annual work programme. The Management Board may delegate the power to 
make non-substantial amendments to the annual work programme  to the Executive Director.  

7. 
The  multi-annual  work  programme  shall  set  out  overall  strategic  programming  including 
objectives,  expected  results  and  performance  indicators.  It  shall  also  set  out  resource  programming 
including multi-annual budget and staff.  

8. 
The  resource  programming  shall  be  updated  annually.  The  strategic  programming  shall  be 
updated  where  appropriate,  and  in  particular  to  address  the  outcome  of  the  evaluation  referred  to  in 
Article 41. 

Article 18 

Chairperson of the Management Board 

The  Management  Board  shall  elect  a  Chairperson  and  a  Deputy  Chairperson  from  among  its 
1. 
members  with  voting  rights.  The  Chairperson  and  the  Deputy  Chairperson  shall  be  elected  by  a 
majority of two thirds of the members of the Management Boards with voting rights. 

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The  Deputy  Chairperson  shall  automatically  take  the  place  of  the  Chairperson  if  he  or  she  is 

2. 
prevented from attending to Chairperon’s  duties.  

3. The terms  of office of the Chairperson  and Deputy Chairperson shall  be four  years. Their term  of 
office may be renewed once. If, however, their membership of the Management Board ends at any time 
during their term of office, their term of office shall automatically expire on that date. 

Article 19 

Meetings of the Management Board 

 Meetings  of  the  Management  Board  shall  be  conducted  in  accordance  with  its  rules  of 

1. 
procedure and convened by its Chairperson.  

2. 
 The Executive Director  of the Agency shall take part in  the deliberations except  when his  or 
her  participation  may  lead  to  a  conflict  of  interests,  as  decided  by  the  Chairperson,  or  when  the 
Management Board is to take a decision, in accordance with Article 35.  

The Management Board shall hold an ordinary meeting twice a year. In addition, it shall meet 
3. 
on the initiative of the Chairperson or at the request of the Commission or of one-third of the Member 
States.  

When  a  matter  of  confidentiality  or  a  conflict  of  interest  arises,  the  Management  Board  may 
4. 
decide  to  examine  specific  items  on  its  agenda  without  the  members  concerned  being  present.  This 
shall not affect the right of the Member States and of the Commission to be represented by an alternate 
or  by  any  other  person.  Detailed  rules  for  the  application  of  this  provision  shall  be  laid  down  in  the 
Management Board's rules of procedure. 

The  Management  Board  may  invite  any  person  whose  opinion  can  be  of  interest  to  attend  its 

5. 
meetings as an observer.  

The members of the Management Board may, subject to the provisions of its rules of procedure, 

6. 
be assisted by advisers or experts.  

7. 

The secretariat for the Management Board shall be provided by the Agency. 

Article 20  

Voting rules of the Management Board 

The Management Board shall take its decisions by absolute majority of its members with voting 

1. 
rights, except if provided otherwise in this Regulation. 

2. 
The decisions referred to in Article 16(1) points (c) to (e) and points (i), (j), (n), (o), (p), (q), (t), 
(u)    and  in  Article  16(2)  may  only  be  taken  if  the  representatives  of  the  Commission  cast  a  positive 
vote. For the purposes of taking the decisions referred to in Article 16(1), point (b), the positive vote of 
the representative of the Commission shall only be required on the elements of the decision not related 
to the annual and multi-annual working programme of the Agency. 

3. Each member shall have one vote. The Executive Director of the Agency shall not vote. 

4. In the absence of a member, his or her alternate shall be entitled to exercise the member’s  right to 
vote. 

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5. The rules of procedure shall establish more detailed voting arrangements,  including  the conditions 
for a member to act on behalf of another member. 

Article 21  

Executive Board  

1. 

2. 

(a) 

(b) 

(c) 

 The Management Board shall be assisted by an Executive Board.  

The Executive Board shall : 

supervise the implementation of the decisions of the Management Board on administrative and 
budgetary management;. 

prepare decisions to be adopted by the Management Board;  

ensure,  together  with  the  Management  Board,  adequate  follow-up  to  the  findings  and 
recommendations stemming from the internal or external audit reports and evaluations, as well 
as from investigations of OLAF and of the EPPO; 

When  necessary,  because  of  urgency,  the  Executive  Board  may  take  certain  provisional 
3. 
decisions  on  behalf  of  the  Management  Board,  in  particular  on  administrative  management  matters, 
including the suspension of the delegation of the appointing authority powers and budgetary matters. 

4. 
The  Executive  Board  shall  be  composed  of  the  Chairperson  of  the  Management  Board,  one 
representative of the Commission to the Management Board and three other members appointed by the 
Management  Board  from  among  its  members  with  the  right  to  vote.  The  Chairperson  of  the 
Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall 
take part in the meetings of the Executive Board, but shall not have the right to vote.  

5. 
The term of office of members of the Executive Board shall be four years with the possibility to 
be renewed. The term of office of members of the Executive Board shall end when their membership of 
the Management Board ends. 

The Executive Board shall hold at least one ordinary meeting every three months. In addition, it 

6. 
shall meet on the initiative of its Chairperson or at the request of its members. 

7. 

The Management Board shall lay down the rules of procedure of the Executive Board. 

CHAPTER V 

EXECUTIVE DIRECTOR 

Article 22  

Appointment, extension of the term of office and removal from office  

The Executive Director shall be appointed by the Management Board on the basis of merit and 
1. 
skills  from  a  list  of  candidates  proposed  by  the  Commission  following  an  open  and  transparent 
selection procedure which shall respect the principle of gender balance.  

For  the  purpose  of  concluding  the  contract  of  the  Executive  Director,  the  Agency  shall  be 

2. 
represented by the Chairperson of the Management Board. 

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3. 
The term of office of the Executive Director shall be five years. In due time before the end of 
that period, the Commission shall undertake an assessment that takes into account an evaluation of the 
Executive Director's performance and the Agency's future tasks and challenges. 

4. 
The  Management  Board,  acting  on  a  proposal  from  the  Commission,  taking  into  account  the 
assessment referred to in paragraph 3, may extend once the term of office of the Executive Director, for 
not more than five years.  

An Executive Director whose term of office has been extended may not participate in another 

5. 
selection procedure for the same post.  

The Executive Director may be removed from office only upon a decision of the Management 

6. 
Board acting on a proposal from the Commission. 

 The Executive Director shall be engaged as a temporary agent of the Agency under Article 2(a) 

7. 
of the Conditions of Employment of Other servants. 

Article 23  

Tasks and responsibilities of the Executive Director 

The  Executive  Director  shall  manage  the  Agency  in  accordance  with  the  decisions  of  the 

1. 
Management Board and shall be accountable to the Management Board. 

2. 
Without prejudice to the powers of the Commission, the Management Board, and the Executive 
Board, the Executive Director shall be independent in the performance of the duties and shall neither 
seek nor take instructions from any government nor from any other body. 

3. 
The Executive Director shall report to the European Parliament on the performance of his/her 
duties  when  invited  to  do  so.  The  Council  may  invite  the  Executive  Director  to  report  on  the 
performance of his/her duties. 

4. 

The Executive Director shall be the legal representative of the Agency.  

The Executive Director shall be responsible for the implementation of the tasks assigned to the 

5. 
Agency by this Regulation. In particular, the Executive Director shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

ensure the sustainable and efficient  day-to-day  administration of the Agency; 

organise, direct and supervise the operations and the staff of the Agency within the limits of 
the decisions of the Management  Board; 

prepare and implement the decisions adopted by the Management Board. 

prepare draft financial rules applicable to the Agency for adoption by the Management Board; 

draw  up  estimates  of  the  Agency's  revenue  and  expenditure,  in  accordance  with  Article  27, 
and implementing the budget in accordance with Article 28. 

prepare the draft single programming document and submit it for adoption to the Management 
Board  after  consulting  the  Commission  at  least  four  weeks  before  the  relevant  Management 
Board meeting; 

implement  the  single  programming  document,  assessing  progress  compared  to  the  relevant 
indicators and report to the Management Board on its implementation;  

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(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

(s) 

(t) 

(u) 

(v) 

prepare  the  Agency’s  consolidated  annual  activity  report  and  present  it  to  the  Management 
Board for assessment and adoption; 

respond to any requests for assistance in accordance with Article 17  (5); 

decide to carry out the visits and inspections provided for in  Article 10, after consultation of 
the  Commission  and  following  the  methodology  for  visits  established  by  the  Management 
Board in accordance with Article 16 (1) point (g); 

decide  to  enter  into  administrative  arrangements  with  other  Union  bodies  working  in  the 
Agency's  fields  of  activities  provided  that  the  draft  arrangement  has  been  submitted  for 
consultation to the Commission first and the Management Board in accordance with Article 11 
(5) and provided that the Management Board has not objected within four weeks; 

take all necessary steps, including the adoption of internal administrative instructions and the 
publication  of  notices,  to  ensure  the  functioning  of  the  Agency  in  accordance  with  the 
provisions of this Regulation;  

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. To that end, he or 
she  shall  establish,  in  agreement  with  the  Commission  and  the  Management  Board,  tailored 
performance indicators allowing for an effective assessment of the results achieved. He or she 
shall  ensure  that  the  Agency's  organisational  structure  be  regularly  adapted  to  the  evolving 
needs  within  the  available  financial  and  human  resources.  In  this  regard,  he  orshe  shall 
establish regular evaluation procedures that meet recognised professional standards; 

establish and ensure the functioning of an effective and efficient internal  control system and 
report any significant change to it to the Management Board; 

ensure the carrying out of risk assessments and risk management for the Agency; 

prepare  a  follow-up  action  plan  in  relation  to  the  conclusions  of  internal  or  external  audit 
reports and evaluations, as well as investigations by OLAF and EPPO, as referred to in Article 
38, and report on progress twice a year to the Commission and regularly to the Management 
Board; 

protect  the  financial  interests  of  the  Union  by  applying  preventive  measures  against  fraud, 
corruption and any other illegal activities, without prejudicing the investigative competence of 
OLAF  and  EPPO,  by  effective  checks  and,  if  irregularities  are  detected,  by  recovering 
amounts  wrongly  paid  and,  where  appropriate,  by  imposing  effective,  proportionate  and 
dissuasive administrative, including financial penalties; 

prepare  an  anti-fraud  strategy,  an  efficiency  gains  and  synergies  strategy,  a  strategy  for 
cooperation with third countries or international organisations, or both,  and a strategy for the 
organisational management and internal control systems, for the Agency and present it to the 
Management Board for approval; 

promote diversity and ensure gender balance as regards the recruitment of the Agency’s staff;  

recruit staff on the broadest possible geographical basis;  

design and implement a communication policy for the Agency; 

perform any other tasks entrusted or delegated to him or her by the Management Board or as 
may be required by this Regulation; 

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Article 24  

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Participation of third countries 

1. 
The  Agency  shall  be  open  to  the  participation  of  third  countries,  which  have  entered  into 
agreements with the Union, whereby they have adopted and are applying the Union law in the field of 
maritime safety, maritime security, prevention of pollution and response to pollution caused by ships. 

2. 

Under the relevant provisions of those agreements, arrangements specifying the nature and the 
extent of the detailed rules for the participation by those countries in the work of the Agency 
including  provisions  on  financial  contributions  and  staff  shall  be  concluded  by  the  Agency 
following the opinion of the Commission . 

CHAPTER VI 

FINANCIAL PROVISIONS 

Article 25 

Financial rules 

The  financial  rules  applicable  to  the  Agency  shall  be  adopted  by  the  Management  Board  after 
consulting  the  Commission.  The  financial  rules  shall  not  depart  from  Commission  Delegated 
Regulation (EU) 2019/715 unless such a departure is specifically required for the Agency's operation 
and the Commission has given its prior consent. 

Article 26 

Budget 

Estimates of all revenue and expenditure for the Agency shall be prepared each financial year, 

1. 
corresponding to the calendar year, and shall be shown in the Agency's budget. 

2. 

3. 

(a) 

(b) 

(c) 

(d) 

The Agency's budget shall be balanced in terms of revenue and of expenditure. 

Without prejudice to other resources, the Agency's revenue shall comprise: 

a contribution from the Union entered in the general budget of the European Union and grants 
from Union bodies; 

possible contributions from any third country which participates in the work of the Agency in 
accordance with Article 24;  

any  fees  and  charges  for  infrastructure,  publications,  training  or  any  other  services  falling 
under  the  scope  of  this  Regulation  provided  by  the  Agency  in  accordance  with  the 
implementing acts adopted pursuant to  Article 33; 

any  voluntary  financial  contribution  from  Member  States,  third  countries  or  other  entities, 
provided  such  contribution  is  transparent,  is  clearly  identified  in  the  budget  and  does  not 
compromise the independence and impartiality of the Agency.  

The  expenditure  of  the  Agency  shall  include  staff  remuneration,  administrative  and 

4. 
infrastructure expenses and operating costs. 

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Article 27 

 Establishment of the budget 

1. 
Each year, the Executive Director shall draw up a draft statement of estimates of the Agency's 
revenue and expenditure for the following financial year, including the establishment plan, and send it 
to the Management Board. 

The Management Board shall, on the basis of that draft, adopt a provisional draft estimate of the 

2. 
Agency's revenue and expenditure for the following financial year. 

3. 
The  provisional  draft  estimate  of  the  Agency's  revenue  and  expenditure  shall  be  sent  to  the 
Commission by 31 January each year. The Management Board shall send the final draft estimate to the 
Commission by 31 March of that year. 

The Commission shall send the statement of estimates to the budgetary authority together with 

4. 
the draft general budget of the European Union. 

On  the  basis  of  the  statement  of  estimates,  the  Commission  shall  enter  in  the  draft  general 
5. 
budget of the European Union the estimates it considers necessary for the establishment plan and the 
amount of the subsidy to  be charged to  the general  budget,  which it shall place before the budgetary 
authority in accordance with Articles 313 and 314 of the TFEU. 

6. 

7. 

The budgetary authority shall authorize the appropriations for the contribution to the Agency. 

The budgetary authority shall adopt the Agency's establishment plan. 

The  Agency's  budget  shall  be  adopted  by  the  Management  Board.  It  shall  become  final 
8. 
following  final  adoption  of  the  general  budget  of  the  European  Union.  Where  necessary,  it  shall  be 
adjusted accordingly. 

For any building project likely to have significant implications for the budget of the Agency the 

9. 
provisions of Delegated Regulation (EU) No 715/2019 shall apply. 

Article 28 

Implementation of the budget 

1. 

The Executive Director shall implement the Agency's budget. 

Each year the Executive Director shall send to the budgetary authority all information relevant 

2. 
to the findings of evaluation procedures. 

Article 29 

Presentation of accounts and discharge 

By  1  March  of  the  following  financial  year,  the  Agency's  accounting  officer  shall  send  the 

1. 
provisional accounts to the Commission's accounting officer and to the Court of Auditors  

By 31 March of the following financial year, the Agency shall send the report on the budgetary 

2. 
and financial management to the European Parliament, the Council and the Court of Auditors. 

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3. 
By 31 March of the following financial year, the Commission's accounting officer shall send the 
Agency's provisional accounts, consolidated with the Commission's accounts, to the Court of Auditors. 

On receipt of the Court of Auditors' observations on the Agency's provisional accounts pursuant 
4. 
to  Article  246  of  the  Financial  Regulation,  the  Executive  Director  shall  draw  up  the  Agency's  final 
accounts under his or her own responsibility and submit them to the Management Board for an opinion. 

5. 

The Management Board shall deliver an opinion on the Agency's final accounts. 

6. 
The  accounting officer shall, by 1 July of the following financial year, send the final accounts 
to the European Parliament, the Council, the Commission and the Court of Auditors, together with the 
Management Board's opinion. 

The  final  accounts  shall  be  published  in  the  Official  Journal  of  the  European  Union  by  15 

7. 
November of the following financial year. 

The  Executive  Director  shall  send  the  Court  of  Auditors  a  reply  to  its  observations  by  30 

8. 
September. The Executive Director shall also send that reply to the Management Board. 

9. 
The  Executive  Director  shall  submit  to  the  European  Parliament,  at  the  latter's  request,  any 
information  required  for  the  smooth  application  of  the  discharge  procedure  for  the  financial  year  in 
question, in accordance with Article 261(3) of the Financial Regulation. 

10. 
On a recommendation from the Council acting by a qualified majority, the European Parliament 
shall,  before  15  May  of  year  N  +  2,  give  a  discharge  to  the  Executive  Director  in  respect  of  the 
implementation of the budget for year N. 

CHAPTER VII 

STAFF 

Article 30 

General provision 

The Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by 
agreement  between  the  institutions  of  the  Union  for  giving  effect  to  those  Staff  Regulations  and  the 
Conditions of Employment of Other Servants shall apply to the staff of the Agency.  

Article 31 

Seconded national experts and other staff 

The  Agency  may  make  use  of  seconded  national  experts  or  other  staff  not  employed  by  the 

1. 
Agency.  

The Management Board shall adopt a decision laying down rules on the secondment of national 

2. 
experts to the Agency.  

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CHAPTER VIII 

GENERAL AND FINAL PROVISIONS 

Article 32 

Legal status and seat 

1. 

The Agency shall be a body of the Union and shall have legal personality. 

2. 
In  each  of  the  Member  States,  the  Agency  shall  enjoy  the  most  extensive  legal  capacity 
accorded to legal  persons under their laws.  It may  in particular,  acquire and dispose of movable and 
immovable property and be a party to legal proceedings. 

3. 

The Agency shall be represented by its Executive Director. 

4. The seat of the Agency shall be in Lisbon, the Republic of Portugal. 

5. 
At the request of the Commission, the Management Board may decide, with the agreement of 
and in cooperation with the Member States concerned and with due regard to budgetary implications, 
including  any  contribution  the  Member  States  concerned  may  provide,  to  establish  regional  centers 
necessary  in  order  to  carry  out,  in  the  most  efficient  and  effective  way,  some  of  the  Agency’s  tasks. 
When taking such a decision, the Management Board shall define the precise scope of activities of the 
regional  centre  while  avoiding  unnecessary  financial  costs  and  enhancing  cooperation  with  existing 
regional and national networks. 

Article 33 

Implementing acts relating to fees and charges 

The Commission shall adopt, in accordance with the principles set out in paragraphs 2, 3 and 4 

1. 
implementing acts specifying:  

(a) 

the fees and charges payable to the Agency, in particular in application of Article 26 (3) point 
(c); and  

(b) 

the conditions of payment.  

Those implementing acts shall be adopted in accordance with the examination procedure referred to in 
Article 34 (2).  

Fees and charges shall be levied for possible services provided by the Agency, in particular to 

2. 
third countries and the industry for tasks falling under its competencies.  

3. 
All fees and charges shall be expressed, and payable, in euro. Fees and charges shall be set in a 
transparent,  fair  and  uniform  manner.  The  specific  needs  of  small  and  medium-sized  enterprises, 
including the possibility of splitting payments into several instalments and phases, shall be taken into 
account,  as  appropriate.  The  apportionment  of  the  fees  shall  be  clearly  identified  in  the  accounts. 
Reasonable deadlines shall be set for the payment of fees and charges.  

The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in 
4. 
respect  thereof  is  sufficient  to  cover  the  full  cost  of  the  services  provided.  All  expenditure  of  the 
Agency attributed to staff involved in the activities referred to in paragraph 2, including the employer's 

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pro-rata  contribution  to  the  pension  scheme,  shall  in  particular  be  reflected  in  that  cost.  Should  a 
significant imbalance resulting from the provision of the services covered by fees and charges become 
recurrent, the level of those fees and charges shall be revised. Those fees and charges shall be assigned 
revenues for the Agency. 

Article 34 

Committee procedure 

The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the  Prevention  of 
1. 
Pollution  from  Ships  (COSS)  established  by  Regulation  (EC)  No  2099/2002  of  the  European 
Parliament  and  of  the  Council45.  That  committee  shall  be  a  committee  within  the  meaning  of 
Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No  182/2011  shall 

2. 
apply.  

Article 35 

Privileges and immunities 

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its 
staff. 

Article 36 

Language arrangements 

1. 

The provisions laid down in Council Regulation No 146 shall apply to the Agency. 

The  translation  services  required  for  the  functioning  of  the  Agency  shall  be  provided  by  the 

2. 
Translation Centre of the Bodies of the European Union. 

Article 37 

Transparency 

Regulation (EC) No 1049/2001 of the European Parliament and of the Council47  shall apply to 

1. 
documents held by the Agency. 

45 

46 

47 

Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a 
Committee  on  Safe  Seas  and  the  Prevention  of  Pollution  from  Ships  (COSS)  and  amending  the  Regulations  on 
maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, p. 1). 
OJ  17,  6.10.1958,  p.  385/58.  Regulation  as  last  amended  by  the  Regulation  (EC)  No  1791/2006  of  20  November  2006  adapting  certain 
Regulations and Decisions by reason of the accession of Bulgaria and Romania. 
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public 
access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43. 

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The  Management  Board  shall,  within  six  months  of  the  date  of  its  first  meeting,  adopt  the 

2. 
detailed rules for applying Regulation (EC) No 1049/2001. 

Decisions taken by the Agency under Article 8 of Regulation (EC) No 1049/2001 may form the 
3. 
subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European 
Union, under the conditions laid down in Articles 228 and 263 of the TFEU respectively. 

The processing of personal data by the Agency shall be subject to Regulation (EU) 2018/1725 

4. 
of the European Parliament and of the Council48. 

Article 38 

 Combating fraud 

In order to facilitate combating fraud, corruption and other unlawful activities under Regulation 
1. 
(EU, Euratom) No 883/2013 the Agency shall adopt appropriate provisions applicable to all employees 
of the Agency. 

The European Court of Auditors shall have the power of audit, on the basis of documents and 
2. 
on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds 
from the Agency. 

OLAF may carry out investigations, including on-the-spot checks and inspections with a view 
3. 
to  establishing  whether  there  has  been  fraud,  corruption  or  any  other  illegal  activity  affecting  the 
financial  interests  of  the  Union  in  connection  with  a  grant  or  a  contract  funded  by  the  Agency,  in 
accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013. 

4. 
Without  prejudice  to  paragraphs  1,  2  and  3,  cooperation  agreements  with  third  countries  and 
international organisations, contracts, grant agreements and grant decisions of the Agency shall contain 
provisions  expressly  empowering  the  European  Court  of  Auditors  OLAF  and  EPPO  to  conduct  such 
audits and investigations, according to their respective competences. 

Article 39 

 Security rules on the protection of classified and sensitive non-classified information 

The Agency shall adopt own security rules equivalent to the Commission's security rules for protecting 
European Union Classified Information (EUCI) and sensitive non-classified information, as set out in 
the  Commission  Decisions  (EU,  Euratom)  2015/44349  and  2015/44450.  The  security  rules  of  the 
Agency shallinclude provisions for the exchange, processing and storage of such information. 

48 

49 

50 

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of 
natural  persons  with  regard  to  the  processing  of  personal  data  by  the  Union  institutions,  bodies,  offices  and 
agencies  and  on  the  free  movement  of  such  data,  and  repealing  Regulation  (EC)  No  45/2001  and  Decision  No 
1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 
Commission  Decision  (EU,  Euratom)  2015/443  of  13  March  2015  on  Security  in  the  Commission  (OJ  L  72, 
17.3.2015, p. 41). 
Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified 
information (OJ L 72, 17.3.2015, p. 53). 

EN 

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Article 40 

Liability 

The  Agency's  contractual  liability  shall  be  governed  by  the  law  applicable  to  the  contract  in 

1. 
question. 

The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to 

2. 
any arbitration clause contained in a contract concluded by the Agency. 

3. 
In  the  case  of  non-contractual  liability,  the  Agency  shall,  in  accordance  with  the  general 
principles  common  to  the  laws  of  the  Member  States,  make  good  any  damage  caused  by  its 
departments or by its staff in the performance of their duties. 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  disputes  over 

4. 
compensation for damages referred to in paragraph 3. 

The personal liability of its staff towards the Agency shall be governed by the provisions laid 

5. 
down in the Staff Regulations or Conditions of Employment applicable to them. 

Article 41 

Evaluation and review 

1. 
No  later  than  5  years  after  the  [date  of  entry  into  force],  and  every  5  years  thereafter,  the 
Commission shall conduct an evaluation to assess particularly the impact, effectiveness and efficiency 
of the Agency and its working practices. The evaluation shall, in particular, address the possible need 
to modify the mandate of the Agency, and the financial implications of any such modification.  

2. 
The Commission shall forward the evaluation report together with its conclusions on the report, 
to  the  European  Parliament,  the  Council  and  the  Management  Board.  The  findings  of  the  evaluation 
shall be made public. 

3. 
On  the  occasion  of  every  second  evaluation,  there  shall  also  be  an  assessment  of  the  results 
achieved  by  the  Agency  having  regard  to  its  objectives,  mandate  and  tasks.  If  the  Commission 
considers  that  the  continuation  of  the  Agency  is  no  longer  justified  with  regard  to  its  assigned 
objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed. 

Article 42 

Administrative inquiries of the European Ombudsman 

The  activities  of  the  Agency  shall  be  subject  to  the  inquiries  of  the  European  Ombudsman  in 
accordance with Article 228 of the TFEU. 

Article 43 

Transitional provisions 

EN 

45 

  EN 

 
 
 
 
1. 
By  way  of  derogation  from  Article  15  of  this  Regulation,  the  members  of  the  Administrative 
Board appointed under Regulation (EC) No 1406/2002   before [date of entry into force] shall remain 
in  office  as  members of  the Management  Board  until  the expiry date of their term  of office, without 
prejudice to the right of each Member State to appoint a new representative. 

2. 
The Executive Director of the Agency appointed on the basis of Article 16 of Regulation (EU) 
No  1406/2002  shall  remain  assigned  to  the  post  of  the  Executive  Director  with  the  tasks  and 
responsibilities provided for in Article 23 of this Regulation. If a decision extending the mandate of the 
Executive Director in accordance with Article 16(2) of Regulation (EU) No 1406/2002 is adopted prior 
to the entry into force of this Regulation, the duration of the extended mandate shall be for 5 years. The 
other conditions of her contract shall remain unchanged. 

4.The entry into force of this Regulation is without prejudice to all employment contracts in force on 
[date of entry into force]. 

. 

Regulation (EC) No 1406/2002 is repealed. 

Article 44 

Repeal 

Article 45 

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. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

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  EN 

 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 'AGENCIES' 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

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

1.2. 

Policy area(s) concerned 

Mobility and Transport – Maritime Safety 

1.3. 

The proposal relates to  

 a new action  

 a new action following a pilot project/preparatory action51  

 the extension of an existing action  

 a merger of one or more actions towards another/a new action  

1.4. 

Objective(s) 

1.4.1.  General objective(s)  

The  general  objective  is  to  propose  a  new  Regulation  establishing  the  European  Maritime 
Safety  Agency  (EMSA).  EMSA’s  objective  is  the  promotion  and  establishment  of  a  high, 
uniform  and  effective  level  of  maritime  safety  aiming  towards  zero  accidents,  maritime 
security,  the  reduction  of  greenhouse  gas  emissions  from  ships  and  the  sustainability  of  the 
maritime sector as well as the prevention of and response to pollution caused by ships and the 
response to marine pollution caused by oil and gas installation.  

Further objectives of the Agency shall be the promotion of digitalisation of the maritime sector 
by facilitating the electronic transmission of data supporting simplification and the provision 
of  integrated  maritime  surveillance  and  awareness  systems  and  services  to  the  Commission 
and the Member States. 

1.4.2. 

Specific objective(s)  

The specific objectives of the revision are:  

to  better  anchor  and  reflect  the  current  tasks  and  objectives  of  EMSA  in  its  founding 
Regulation  so that  EMSA is  legally mandated to fulfil these and support the Member States 
and  the  Commission  with  the  necessary  technical,  operational  and  scientific  assistance  in 
ensuring  maritime  safety  and  security  together  with  the  green  and  digital  transition  of  the 
sector  while  rendering  the  EMSA’s  founding  Regulation  future  proof  by  allowing  enough 
flexibility to incorporate new tasks in addressing the evolving needs of the maritime sector and 
ensuring that EMSA will have adequate human and financial resources to fulfil its role. 

The current revision (and legislative financial statement) includes the complete budget impact 
of the new Regulation establishing EMSA repealing Regulation (EC) no 1406/2002, and also 

51 

As referred to in Article 58(2)(a) or (b) of the Financial Regulation. 

EN 

47 

  EN 

 
 
                                                 
the budget impact of (i) revision of Directive 2009/21/EC on Flag State requirements; (ii) the 
revision  of  Directive  2009/16/EC  on  port  State  control;  (iii)  the  revision  of  Directive 
2009/18/EC  on  accident  investigation,  and  (iv)  revision  of  Directive  2005/35/EC  on  ship-
source pollution. The budget impact of the latter four proposals is described in more detail in 
each of the respective legislative financial statements.  

EN 

48 

  EN 

1.4.3.  Expected result(s) and impact 

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

The Regulation is expected to reflect the bigger role that EMSA plays in the maritime sector 
evolving  considerably  since  2013.  It  is  expected  to  ensure  flexibility  to  EMSA  to  adjust  its 
scope of action, without bending its core mission.  

The Regulation  is  expected to ensure that EMSA can support the EU maritime sector in  the 
most  effective  way  in  dealing  with  the  double  transition  it  is  facing  regarding  the  topics  of 
sustainability and digitalisation while it will render the mandate future proof in order to tackle 
the challenges of the future. 

1.4.4. 

Indicators of performance  

Specify the indicators for monitoring progress and achievements. 

The effectiveness of the proposed Regulation, with respect to the specific objective no. 1, will 
be determined based on  the annual  and multiannual  outputs and fulfilment  of the Agency in 
relation to each of its tasks as indicated in its annual SPD and CAAR report. 

The effectiveness of the proposed Regulation, with respect to the specific objective no. 2, will 
be determined based on the number of requests and new tasks that will be allocated to EMSA 
in the following years. 

The effectiveness of the proposed Regulation, with respect to the specific objective no. 3, will 
be determined based on the deliverabels of the Agency according to annual SPD and CAAR 
report 

The overall effectiveness of the proposed Regulation will be monitored through the proposed 
evaluation  of  the  Agency  every  5  years  while  the  Commission  will  issue  an  opinion  on  the 
single  programming  document  of  the  Agency,  which  includes  the  annual  and  multiannual 
working program and the allocated resources for each fo the tasks of the Agency. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of 

the implementation of the initiative 

1) In relation to the revision of Directive 2009/21/EC on Flag State requirements: 

EMSA will be required to implement technical solutions for e-certificate registry, reporting of 
e-certificates  and  e-Flag  State  inspection  reports,  as  well  as  tools  for  validation,  and 
developing new modules. EMSA will also be required to develop a mechanism and template 
for  reporting  information  and  statistics  and  introduce  common  capacity  building  and 
harmonised  training  (post-qualification)  for  Flag  State  inspectors  and/or  surveyors  and/or 
auditors, by developing a common curricula for Flag State inspectors and training of flag State 
inspectors to new technologies, including but not limited to renewable and low carbon fuels, 
which are particularly relevant in view of the “Fit for 55” package, and automation. 

By 2025, 1 additional FTE will be required to develop the new module for the e-certificates 
and 1 additional FTE to provide specialist IT skills and maritime knowledge in  the Maritime 
Support  Services.  The  budget  impact  of  the  revision  of  Directive  2009/21/EC  on  Flag  State 
requirements  is  included  in  the  current  LFS.  The  revision  of  Directive  2009/21/EC  on  Flag 
State requirements will include a separate LFS providing more detail.  

EN 

49 

  EN 

  
2) in relation to the revision of Directive 2009/16/EC on port State control: 

EMSA will be required to organise trainings of Port State Control Officers (PSCOs) in relation 
to  large  fishing  vessels  with  main  focus  on  the  relevant  EU  guidelines,  and  develop  the 
relevant courses. EMSA will also be required to develop a THETIS module for fishing vessels 
and  a  common  curriculum  for  Port  State  Control  of  fishing  vessels  which  will  cover  all  the 
relevant instructions and guidance.  

EMSA  will  be  required  to  organise  trainings  of  PSCOs  in  relation  to  the  use  of  electronic 
statutory certificates and will have to develop a validation tool and repository. 

EMSA will be required to develop  enhanced training tools/capacity development for PSCOs 
on new technologies, including but not limited to renewable and low carbon fuels, which are 
particularly  relevant  in  view  of  the  “Fit  for  55”  package,  and  automation  by  enhancing 
EMSA’s online training tools and recruiting experts. 

By  2025,  2  FTEs  will  be  needed  to  support  the  tasks  of  EMSA  to  develop  the  tools.  The 
budget impact of the revision of Directive 2009/16/EC on port State control is included in the 
current  LFS.  The  revision  of  Directive  2009/16/EC  on  port  State  control  will  include  a 
separate LFS providing more detail.  

3) In relation to the revision of Directive 2009/18/EC on accident investigation: 

EMSA  will  be  required  to  organise  additional  trainings  in  relation  to  renewable  and  low 
carbon fuels (risks, use on board, ship protections, etc.), in support of the initiatives part of the 
“Fit  for  55”  package,  but  also  on:  human  element,  conduct  of  an  automated  ship,  safety 
analysis (to encourage Member States to better use casualty data), forensic (photos, sampling, 
etc.), occurrences (fire, navigational accidents, damage to equipment, occupational activities, 
etc.) and GDPR rules. 

EMSA  will  also  provide  operational  tools  and  equipment  during  an  individual  investigation 
such as ROV (remotely operator submersible), RPAS (aerial drones), Robots (e.g.  to access 
damaged areas, enclosed spaces, etc.), VDR (voyage data recorder) facilities, software such as 
MADAS  (Marine  Accident  Data  Analysis  Suite);  ad-hoc  resources  (scientific  laboratories, 
tank  testing);  ad-hoc  services  (3D  simulation  for  fire,  loss  of  containers,  etc.).  This  support 
will  build  upon  the  existing  services  provided  by  EMSA  in  different  areas  (as  seen  above 
aerial  drones,  submersible  drones,  satellite  imagery  training  etc.)  and  will  be  provided  on  a 
first  come,  first  served  basis.  In  the  longer  term,  and  depending  on  experience  in 
implementation, the EMSA resources would be adapted accordingly. 

EMSA  will  also  offer  highly  specialised  analytical  support  during  individual  VSMC  (Very 
Serious  Marine  Casualty)  Investigations  of  ‘standard’  and  ‘high  level’  experts  from  EMSA, 
these  could  include  but  are  not  limited  to  behavioural  analysists,  psychologists  and  other 
specialists. 

By 2025, 2 FTEs will be needed to provide operational and analytical support to the new tasks 
of  EMSA.  The  budget  impact  of  the  revision  of  Directive  2009/18/EC  on  accident 
investigation is included in the current LFS. The revision of Directive 2009/18/EC on accident 
investigation will include a separate LFS providing more detail.  

4) In relation to the revision of Directive 2005/35/EC on ship-source pollution: 

EMSA will be required to  establish additional satellite monitoring services to  Member State 
authorities because of the extention of the scope of the Directive and upgrade the CleanSeaNet 
service to better monitor and detect the pollutants. EMSA will be required to develop trainings 

EN 

50 

  EN 

and  develop  guidance  documents,  while  regularly  updating  them.  It  will  also  develop  an 
external  reporting  channel  for  whistle-blowers,  to  submit  information  on  possible  illegal 
discharges  and  enhance  the  Integrated  Maritime  Services.  EMSA  will  also  be  required  to 
develop and maintain a new reporting tool so that Member States report on each ship-source 
pollution incident, as well as develop a website to keep the public informed about ship-source 
pollution. 

In total,  9 FTEs will be needed to support the provision of the additional satellite monitoring 
services  and  additional  3  FTEs  to  support  the  development  of  the  Integrated  Maritime 
Services. From those, 1 will be hired in the next MFF. The budget impact of the revision of 
Directive 2005/35/EC on ship-source pollution is included in the current LFS. The revision of 
Directive  2005/35/EC  on  ship-source  pollution  will  include  a  separate  LFS  providing  more 
detail. 

The  resources  needed  under  1)  to  4)  are  reflected  in  the  individual  Legislative  Financial 
Statements accompanying the respective legislative proposals.  

5) In relation to the new Regulation repealing Regulation (EC) no 1406/2002: 

EMSA will need to deliver on the below additional expanded tasks: 

EMSA  will  need  2  FTEs  in  2025  and  2  additional  FTEs  from  2026  for  assisting  Member 
States and the Commission with the  discussions at the IMO level on alternative fuels and their 
deployment, including safety risks stemming from these developments. The Agency will need 
to  intensify  research and increase the number of  annual  studies. One additional  FTE will be 
required under the next MFF. 

One  FTE  will  be  required  from  2026  to  intensify  work  on  cybersecurity  in  the  maritime 
transport  sector,  notably  to  produce  guidelines  and  facilitate  the  exchange  of  expertise 
between Member States.  

The  24/7  Maritime  Awareness  Centre  will  need  to  reinforce  its  operations  and  expand  its 
current activity to respond to new needs in the environmental and safety areas, also in the new 
geopolitical context, assisting the Member States and the Commission upon request in cases of 
emergencies, like the implementation of sanctions. The Agency will require 8 FTEs to develop 
the  necessary  IT  infrastructure  for  this  center  already  in  2025  and  complete  it  by  2027  and 
operate it. Additional 3 FTEs will be needed under the next MFF. 

Assistance  in  the  implementation  of  the  European  Maritime  Single  Window  environement 
(EMSWe) is expected by the Agency with the addition of 3 FTEs to assist on the development 
of the relevant datasets and IT infrastructure. 

The  Agency  is  also  expected  to  deliver  on  autonomous  ships  deployment  (MASS)  by 
conducting further risk based analysis for which it will require 1 FTE in the next MFF. 

The budget impact of the new Regulation repealing Regulation (EC) no 1406/2002 is included 
in the current LFS.  

1.5.2.  Added  value  of  Union  involvement  (it  may  result  from  different  factors,  e.g.  coordination 
gains,  legal  certainty,  greater  effectiveness  or  complementarities).  For  the  purposes  of  this 
point 'added value of Union involvement' is the value resulting from Union intervention which 
is additional to the value that would have been otherwise created by Member States alone. 

Reasons for action at European level (ex-ante)  

EN 

51 

  EN 

Current EU involvement (tasks of EMSA) is laid down in EMSA Founding Regulation  (EC) 
No  1406/2002.  Moreover,  numerous  Directives  such  as  EU  Emission  Trading  System  (EU 
ETS),  Directive  (EU)  2019/883  on  port  reception  facilities  for  the  delivery  of  waste  from 
ships, Regulation (EU) No 1257/2013 on ship recycling and Regulation (EU) 2015/757 in the 
monitoring,  reporting  and  verification  of  carbon  dioxide  emissions  from  maritime  transport 
have given direct or indirect tasks to EMSA.  

 In  a  similar  manner,  the  revision  takes  into  account  the  current  revisions  of  Directive 
2009/21/EC on compliance with flag State requirements, Directive 2009/16/EC on port State 
control,  Directive  2009/18/EC  establishing  the  fundamental  principles  governing  the 
investigation of accidents in the maritime transport sector and Directive 2005/35/EC on ship-
source  pollution  and  on  the  introduction  of  penalties  for  infringements,  which  will  add  new 
tasks to EMSA. 

The current Regulation aims to combine all existing tasks of the Agency in one legal act, and 
extend the role of EMSA to areas where is it justified. 

Expected generated Union added value (ex-post)   

The review of the Regulation highlighted EMSA’s added value in terms of its role in hosting 
and  promoting  the  development  of  EU-level  systems,  such  as  SafeSeaNet,  THETIS  and, 
though  to  a  lesser  extent,  the  EMCIP  database  for  accident  investigation.  Against  this 
background,  the  Fitness  Check  recommended  to  continue  building  on  EMSA’s  capacities, 
with  a  focus  on  promoting  and  investing  in  EMSA’s  digital  systems,  applications  and 
databases. 

1.5.3.  Lessons learned from similar experiences in the past 

The evaluation of the EMSA Regulation showed the added value of the Agency.  

This initiative seeks to address the identified issues, specifically that: 

The mandate of EMSA does not properly reflect its current scope of activities undertaken due 
to the evolving needs of the maritime sector and the new EU regulatory framework in the area;  

the  administrative  and  financial  provisions  of  the  mandate  do  not  reflect  the  latest  EU 
Regulatory framework on agencies governance; and  

EMSA  is  facing  stretched  resources  to  fulfil  both  its  current  tasks  and  the  new  tasks  and 
activities  arising  from  the  needs  of  the  sector,  such  as  the  green  transition,  or  legislative 
developments, such as the new maritime safety package. 

1.5.4.  Compatibility  with  the  Multiannual  Financial  Framework  and  possible  synergies  with  other 

appropriate instruments 

The proposed revision is a key deliverable of the Communication from the Commission on a 
Sustainable and Smart Mobility Strategy, which sets out the EU vision for the transport system 
of  the  future.  The  strategy  announced  that  the  Commission  is  planning  to  initiate  a  major 
review  of  existing  legislation,  including  to  revise  the  mandate  of  the  European  Maritime 
Safety Agency in 2022 (under Flagship 10 - Enhancing transport safety and security).  

The proposed revision will create synergies with several pieces of EU regulatory framework, 
notably  the  Directive  2009/21/EC  on  compliance  with  flag  State  requirements,  Directive 
2009/16/EC  on  port  State  control,  Directive  2009/18/EC  on  accident  investigation  and 
Directive 2005/35/EC on ship-source pollution. 

EN 

52 

  EN 

The  proposal  is  compatible  with  the  current  Multiannual  Financial  Framework,  although  it 
will  require  reprogramming  within  Heading  1  as  regards  the  annual  contribution  to  EMSA. 
The  increase  in  appropriations  for  EMSA  will  be  offset  by  a  compensatory  reduction  of 
programmed spending under CEF Transport (02 03 01) under the current multiannual financial 
framework. 

1.5.5.  Assessment of the different available financing options, including scope for redeployment 

The budgetary impact of this initiative refers to the additional resources necessary for the new 
tasks  allocated  to  EMSA  following  the  revision  of  the  several  Directives,  as  well  as  the 
extention  of  already  existing.  These  are  new  tasks  for  EMSA  that  will  become  permanent, 
while existing tasks will not decrease or be partly phased out.  The additional need of human 
resources  will  be,  in  some  cases,  be  met  by  redeployment,  while  in  other  cases  this  is  not 
possible.  In  the  case  of  further  expanded  tasks  (such  as  assistance  on  monitoring  the 
Recognised  Organisations)  the  human  resource  needs  will  be  met  by  redeploying  2  FTEs  in 
2027. 5 more FTEs will be redeployed in  the next  MFF to  assist  on expanded tasks such as 
assistance  to  crisis  management,  safety  risk  analysis  for  future  trends  and  support  of 
preparedness measures for oil and gas installations. The need of human resources on the other 
tasks  cannot  be  met  by  redeployment,  while  the  additional  budgetary  needs  will  be  met 
through  offsetting  by  existing  programmes  managed  by  DG  MOVE  under  the  current 
multiannual financial framework. The increase in appropriations for EMSA will be offset by a 
compensatory reduction of programmed spending under CEF Transport (02 03 01) under the 
current multiannual financial framework. 

EN 

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  EN 

1.6. 

Duration and financial impact of the proposal/initiative 

 limited duration  

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

–    Financial impact from YYYY to YYYY 

 unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY [n.a.] 

–  followed by full-scale operation. 

1.7.  Method(s) of budget implementation planned52  

 Direct management by the Commission through 

–    executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

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

the EIB and the European Investment Fund; 

 bodies referred to in Articles 70 and 71; 

 public law bodies; 

  bodies  governed  by  private  law  with  a  public  service  mission  to  the  extent  that  they  are 
provided with 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 are provided with  adequate financial 
guarantees; 

  bodies  or  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. 

Comments 

Management of the proposed Regulation will be done by the European  Maritime Safety Agency and 
the European Commission oversighting it as appropriate. 

52 

Details  of  budget  implementation  methods  and  references  to  the  Financial  Regulation  may  be  found  on  the 
https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-
BUDGpedia 
implementation/Pages/implementation-methods.aspx 

site: 

EN 

54 

  EN 

  
                                                 
 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The  Regulation  provides  for  an  evaluation  which  assesses,  in  particular,  the  impact, 
effectiveness  and  efficiency  of  EMSA  and  of  its  working  practices  and  may  address  the 
possible need to modify the structure, operation, field of action and tasks of  EMSA, and the 
financial  implications  of  any  such  modification.  Further  to  this  evaluation,  the  Commission 
will draw data through its representation in the Agency’s Management Board meetings and its 
supervision, along with the Member States, of EMSA’s work. The Management Board should 
give  general  orientations  for  the  Agency's  activities  and  be  more  closely  involved  in  the 
monitoring of the Agency's activities, with a view to reinforcing supervision on administrative 
and budgetary matters.  

The  Executive  Director  will  organise  an  effective  monitoring  system  in  order  to  be  able  to 
compare EMSA’s achievements with its objectives and tasks as laid down in this Regulation.  

All EU agencies work 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  as  laid  down  in  the  EMSA 
founding Regulation will continue to apply. 

2.2.  Management and control system(s)  

2.2.1. 

Justification  of  the  management  mode(s),  the  funding  implementation  mechanism(s),  the 
payment modalities and the control strategy proposed 

All EU agencies work 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  as  laid  down  in  the  EMSA 
founding Regulation will continue to apply. 

2.2.2. 

Information  concerning  the  risks  identified  and  the  internal  control  system(s)  set  up  to 
mitigate them 

While the Commission will be overall accountable for  reporting to the  European Parliament 
and  the  Council  on  the  impact,  effectiveness  and  efficiency  of  EMSA  and  its  working 
practices, and proposing a revisions where  necessary, the European Maritime Safety Agency 
will  be  responsible  for  the  performance  of  its  operation  and  for  the  implementation  of  its 
internal control framework.  

The  Executive  Director  will  organise  an  effective  monitoring  system  in  order  to  be  able  to 
compare EMSA’s achievements with its objectives and tasks as laid down in this Regulation. 
To  this  end,  he/she  shall  establish,  in  agreement  with  the  Commission  and  the  Management 
Board,  tailored  performance  indicators  allowing  for  an  effective  assessment  of  the  results 
achieved. He/she shall ensure that EMSA’s organisational structure will be regularly adapted 
to the evolving needs within the available financial and human resources. In this regard, he/she 
shall establish regular evaluation procedures that meet recognised professional standards. 

DG MOVE will apply the necessary controls in line with the supervision strategy adopted in 
2017  on  the  DG's  relations  with  decentralised  agencies  and  joint  undertakings.  Under  the 
strategy,  DG  MOVE  monitors  performance  indicators  for  the  implementation  of  the  budget, 
the audit recommendations and administrative matters. A report is provided by the Agency on 

EN 

55 

  EN 

a bi-annual basis. The controls performed on the supervision of the Agency as well as on the 
related  financial  and  budgetary  management  are  in  accordance  with  DG  MOVE’s  Control 
Strategy, updated in 2022. 

The  additional  resources  put  at  the  disposal  of  EMSA  will  be  covered  by  EMSA’s  internal 
control  and risk management system that is aligned with the relevant international standards 
and  includes  specific  controls  to  prevent  conflict  of  interests  and  ensure  the  protection  of 
whistle-blowers. 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ 
value of the related funds managed"), and assessment of the expected levels of risk of error (at 
payment & at closure)  

Under  the  proposed  Regulation,  additional  financing  will  be  provided  only  to  EMSA,  which 
will  be  required  to  carry  out  the  tasks  allocated  following  the  revision  of  the  Directive 
2009/21/EC on flag State requirements, Directive 2009/16/EC on port State control, Directive 
2009/18/EC on accident investigation and Directive 2005/35/EC on ship-source pollution. 

EMSA  has  full  responsibility  for  the  implementation  of  their  budget,  while  DG  MOVE  is 
responsible for the regular payment of the contributions established by the Budgetary Authority. 
The expected level of risk of error at payment and at closure is similar to that attached to the 
budget subsidies provided to the Agency. 

The  additional  tasks  resulting  from  the  proposed  Regulation  are  not  expected  to  generate 
specific additional controls. Therefore, the cost of control for DG MOVE (measured against the 
value of funds managed) is expected to remain stable.  

EN 

56 

  EN 

 
 
2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy. 

EMSA  applies  the  anti-fraud  principles  of  decentralised  EU  Agencies,  in  line  with  the 
Commission approach. In March 2021, the Agency adopted an updated Anti-Fraud Strategy, 
based on the methodology and guidance for anti-fraud strategy presented by OLAF as well as 
on the Anti-Fraud Strategy of DG MOVE.  It  provides a framework addressing the issues of 
prevention,  detection  and  conditions  for  investigations  of  fraud  at  Agency  level.  EMSA 
continuously  adapts  and  improves  its  policies  and  actions  to  promote  the  highest  level  of 
integrity of EMSA staff, support effective prevention and detection of fraud risk and establish 
the  appropriate  procedures  to  report  and  handle  potential  fraud  cases  and  their  outcomes. 
Furthermore,  EMSA  adopted  in  2015  its  Conflict  of  Interest  policy  for  the  Management 
Board. 

EMSA cooperates with the Commission services on matters relating to preventing fraud and 
irregularity.  The  Commission  will  ensure  that  this  cooperation  will  continue  and  will  be 
strengthened. 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

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

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Number  

02 10 02 

1 

Diff./Non-
diff.53 

from 
EFTA 
countries
54 

from 
candidate 
countries 
and 
potential 
candidates
55 

From 
other 
third 
countries 

other assigned 
revenue  

diff. 

YES 

NO 

NO 

NO 

  New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Heading of 
multiannual 
financial 
framework 

Number  

Budget line 

Type of 
expenditure 

Diff./non-
diff. 

from 
EFTA 
countries 

Contribution  

from 
candidate 
countries 
and 

from 
other 
third 
countries 

other assigned 
revenue  

53 
54 
55 

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

EN 

57 

  EN 

 
 
 
                                                 
[XX.YY.YY.YY] 

YES/NO  YES/NO  YES/NO 

YES/NO 

potential 
candidates 

EN 

58 

  EN 

 
 
 
3.2. 

3.2.1. 

Estimated impact on expenditure  
Summary of estimated impact on expenditure56 

Heading of multiannual financial  
framework  

European Maritime Safety Agency 
(EMSA) 

Title 1: 

Title 2: 

Title 3: 

TOTAL appropriations 
for EMSA  

Commitments 
Payments 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

(3a) 

(3b) 

=1+1a 
+3a 

=2+2a 

+3b 

1 

Single Market, Innovation and Digital 

Year 
2025 

Year 
2026 

Year 
2027 

Year 
2028-2034 

1.727 
1.727 

4.992 
4.992 

5.163 
5.163 

43.323 
43.323 

8.012 

15.097 

16.007 

8.012 

15.097 

16.007 

9.739 

20.089 

21.170 

125.833 

125.833 

169.156 

9.739 

20.089 

21.170 

169.156 

EUR million (to three decimal places) 

TOTAL 

55.205 
55.205 

164.949 

164.949 

220.154 

220.154 

The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement 

56 

The summary of estimated impact on expenditure includes the total estimated impact of the activities 1) to 5) describedd in section 1.5.1. The estimated impact 
of actions 1) to 4) is also reflected in the individual legislative financial statements accompanying the respective legislative proposals. 

EN 

59 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial  
framework  

7 

‘Administrative expenditure’ 

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 

EUR million (to three decimal places) 

DG: <…….> 

 Human Resources  
 Other administrative expenditure  

TOTAL DG <…….> 

Appropriations  

TOTAL appropriations 
under HEADING 7 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

TOTAL appropriations  
under HEADINGS 1 to 7 
of the multiannual financial framework  

Commitments 

Payments 

Year 
2025 

Year 
2026 

Year 
2027 

Year 
2028-2034 

TOTAL 

9.739 

9.739 

20.089 

21.170 

169.156 

20.089 

21.170 

169.156 

220.154 

220.154 

The  budget  impact  beyond  the  current  MFF  is  an  indicative  overview,  without  prejudice  to  the  future  MFF  Agreement

EUR million (to three decimal places) 

EN 

60 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on EMSA's appropriations  

–    The proposal/initiative does not require the use of operational appropriations  

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

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

OUTPUTS 

Amounts in EUR million (to three decimal places) 

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

TOTAL 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost  N

o

Cost 

o
N

Cost 

Total 
No 

Total 
cost 

Indicate 
objectives and 
outputs  

 

Type57 

Avera
ge 
cost 

SPECIFIC OBJECTIVE No 158… 

- Output 

- Output 

- Output 

Subtotal for specific objective No 1 

SPECIFIC OBJECTIVE No 2 ... 

- Output 

Subtotal for specific objective No 2 

TOTAL COST 

Where applicable, amounts reflect the sum of the Union contribution to the agency and other revenue of the agency (fees and charges).

57 
58 

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 point 1.4.2. ‘Specific objective(s)…’ 

EN 

61 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on EMSA'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) Where applicable,  amounts reflect the sum of the Union contribution to 
the agency and other revenue of the agency (fees and charges). 

Year 
2025 

Year 
2026 

Year 
2027 

Year 
2028-2034 

TOTAL 

Temporary agents (AD 
Grades) 

1.368 

4.104 

4.275 

35.910 

45.657 

Temporary 
(AST grades) 

Contract staff 

agents 

0.086 

0.342 

0.342 

3.591 

4.361 

0.273 

0.546 

0.546 

3.822 

5.187 

Seconded National 
Experts 

TOTAL 

1.727 

4.992 

5.163 

43.323 

55.205 

The budget impact beyond the current MFF is an indicative overview, without prejudice 
to the future MFF Agreement. 

Staff requirements (FTE): 

Year 
2025 

Year 
2026 

Year 
2027 

Year 
2028-2034 

TOTAL 

Temporary agents (AD 
Grades) 

Temporary 
(AST grades) 

agents 

Contract staff 

Seconded National 
Experts 

16 

24 

25 

1 

6 

2 

6 

2 

6 

30 

3 

6 

30 

3 

6 

TOTAL 

23 

32 

33 

39 

39 

The budget impact beyond the current MFF is an indicative overview, without prejudice 
to the future MFF Agreement. 

EN 

62 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EMSA will start  preparing the  recruitment  as soon as the proposal  is  adopted The costs are 
estimated based on the assumption that the 23 FTEs are recruited as of 1st July 2025. So only 
50% of the HR costs are needed for the first year. 

EN 

63 

  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 amounts (or at most to one decimal place) 

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) 

20 01 02 01 and 20 01 02 02 
(Headquarters and Commission’s 
Representation Offices) 

20 01 02 03 (Delegations) 

01 01 01 01 (Indirect research) 

10 01 05 01 (Direct research) 

 External staff (in Full Time Equivalent 

unit: FTE)59 

20 02 01 (AC, END, INT from the 
‘global envelope’) 

20 02 03 (AC, AL, END, INT and 
JPD in the Delegations) 

Budget 
line(s) 
(specify) 
60 

- at 
Headquarters61 

- in 
Delegations  

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

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

Other budget lines (specify) 

TOTAL 

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 

59 

60 
61 

AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = 
Junior Professionals in Delegations.  
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 
Mainly  for  the  EU  Cohesion  Policy  Funds,  the  European  Agricultural  Fund  for  Rural  Development 
(EAFRD) and the European Maritime Fisheries and Aquaculture Fund (EMFAF).   

EN 

64 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
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.  

EN 

65 

  EN 

 
 
 
 
3.2.4.  Compatibility with the current multiannual financial framework  

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

framework. 

–    The proposal/initiative will entail reprogramming of the relevant heading in the 

multiannual financial framework. 

The tasks allocated to EMSA will require reprogramming of the budget line for the 
annual contribution to the Agency (02 10 02) under the current multiannual financial 
framework.  The  increase  in  appropriations  for  EMSA  will  be  offset  by  a 
compensatory  reduction  of  programmed  spending  under  CEF  Transport  (02  03  01) 
under  the  current  multiannual  financial  framework.  The  budget  impact  beyond  the 
current  MFF  is  an  indicative  overview,  without  prejudice  to  the  future  MFF 
Agreement. 

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

revision of the multiannual financial framework62. 

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: 

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 
co-financed  

appropriations 

62 

See  Articles  12  and  13  of  Council  Regulation  (EU,  Euratom)  No  2093/2020  of  17  December  2020 
laying down the multiannual financial framework for the years 2021 to 2027. 

EN 

66 

  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 other revenue  

 please indicate, if the revenue is assigned to expenditure lines  

Appropriation
s available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

EUR million (to three decimal places) 

Impact of the proposal/initiative63 

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. 

63 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20 % for collection costs. 

EN 

67 

  EN