What changed between the plenary report and the adopted text

Added:Article 1 Establishment, subject matter and scope

Added:1. 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’).

Added:2. 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 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.

Added:3. By providing the assistance referred to in paragraph 2, the Agency shall in particular provide 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.

Added:4. Any assistance provided by the Agency shall be without prejudice to the rights and responsibilities of the Member States as flag, port or coastal States.

Added:Article 2 Objectives of the Agency

Added:1. The objectives of the Agency shall be the promotion and establishment of a high, uniform and effective level of maritime safety aiming towards zeroat the maximum reduction of 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. [Am. 23]

Added:2. Further objectives of the Agency shall be the promotion of digitalisation of the maritime sector by facilitating the electronic transmission of data supporting simplification, the reduction of the administrative burden and the provision of integrated maritime surveillance and awareness systems and services to the Commission and the Member States. [Am. 24]

Added:CHAPTER II TASKS OF THE AGENCY

Added:Article 3 Horizontal technical support

Added:1. The Agency shall assist the Commission and the Member States: [Am. 25]

Added:(a) 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;

Added:(b) 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;

Added:(c) in the performance of any other task assigned to the Commission in legislative acts of the Union regarding the objectives of the Agency.

Added:2. The Agency shall work with the Member States to:

Added:(a) 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);

Added:(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.

Added: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.

Added: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 analysing 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 mayshall 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. [Am. 26]

Added: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.

Added: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.

Added:Article 4 Tasks relating to maritime safety

Added:1. The Agency shall monitor progress on the safety of maritime transport in the Union, conduct 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, battery technologies used for propulsion, “zero emission technologies”, as defined in [FuelEU Maritime] or other future technologies on board of ships or in port areas. [Am. 27]

Added: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.

Added: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.

Added: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.

Added:3. The Agency shall assist the Commission and the Member States 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. [Am. 28]

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

Added: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.

Added:4. The Agency shall assist the Commission in the development and maintenance of the database 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 concernedmay be invited by Member States to provide operational and technical support concerning safety investigations. The Agency shall comply with such requestsand where no conflict of interest arises, provide operational support to these Member States concerning safety investigations for the Agency. 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. [Am. 29]

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

Added:5. The Agency shall assist the Commission and the Member States in the implementation of Directives 2009/45/EC and 2003/25/EC of the European Parliament and of the Council and Council Directive 98/41/EC. 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.

Added: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 survey and certification tasks in accordance with Article 8(1) of Regulation (EC) No 391/2009. In particular, the Agency shall:

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

Added:(b) 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 Council 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;

Added:(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.

Added:7. The Agency shall assist the Commission and the Member States in the implementation of Directive 2014/90/EU of the European Parliament and of the Council 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. [Am. 30]

Added: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.

Added:9. The Agency shall gather and analyse data on seafarers provided and used in accordance with Directive (EU) 2022/993 of the European Parliament and of the Council. 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. The Commission shall use that data, jointly with the data generated by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers information system (STCW IS) for developing appropriate strategic responses to recruit and retain seafarers in activity. [Am. 31]

Added:Article 5 Tasks relating to sustainability

Added: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 Council.

Added: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:

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

Added:(b) collecting, analysing and disseminating the relevant information on the implementation and enforcement of Directive 2005/35/EC;

Added:(c) providing capacity building to the competent national authorities and facilitating the exchange of best practices;

Added:(d) 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;

Added:(da) sharing and receiving relevant information from other EU Agencies, such as EFCA, especially in relation to lost fishing gear. [Am. 32]

Added: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.

Added: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.

Added: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.

Added:On the containers lost at the Sea, the Agency shall provide guidance to the industry stakeholders and to the Flag State on the requirements agreed at IMO for mandatory reporting of lost containers. The possibility of collective and coordinated response mechanisms at EU and international level shall also be examined. [Am. 33]

Added: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.

Added: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.

Added: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 Council by issuing appropriate guidance and through the collection and analysis of data on compliance with the provisions of that Regulation.

Added:9. The Agency shall every three years present to the Commission a report on the progress made in reducing the environmental impact of maritime transport at the Union level.

Added:Article 6 Tasks relating to decarbonisation

Added:1. The Agency shall monitor progress on the operational and technical measures undertaken to increase the energy efficiency of ships and ports and the deployment of sustainable alternative fuels, energy and power systems for ships, including onshore power supply and windwind-assisted propulsion assistanceand onboard carbon capture, to reduce greenhouse gas emissions from ships. [Am. 34]

Added:1a. The Agency shall assess the need to implement additional training modules for maritime professionals handling new and often complex hybrid and zero emission systems. [Am. 35]

Added: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 and ports. 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, wind-assisted, solar and kinetic wave and wind propulsion assistanceand on-board carbon capture, ensuring respect for technology neutrality, as well as in relation to energy efficiency measures, with practices such as slow steaming and speed optimisation. [Am. 36]

Added:3. The Agency shall assist the Commission and the Member States in the implementation of 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.