What changed between the plenary report and the adopted text

Added:4. The Agency shall assist the Commission and the Member States in the implementation of 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.

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

Added:Such assistance shall also include monitoring and reporting on impacts on port traffic, port evasion and traffic shift to the neighbouring container transhipment ports, to the detriment of EU ports. [Am. 37]

Added: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. The report shall be made publicly available on the Agency's website in a searchable format and in a disaggregated manner. [Am. 38]

Added:Article 7 Tasks relating to maritime security and cybersecurity

Added:1. The Agency shall provide technical assistance to the Commission and the Member States in the performance of the inspection tasks assigned to it pursuant to Article 9(4)9 of Regulation (EC) No 725/2004. [Am. 39]

Added: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 providing guidelines, facilitating the exchange of best practices and information on cyber security incidents between the Member States. [Am. 40]

Added:Article 8 Tasks relating to maritime surveillance and maritime crises

Added: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, including with regard to new geopolitical challenges, such as Russia’s war of aggression against Ukraine and the related security threats to specific Member States and to the Union as a whole. [Am. 41]

Added:2. In the field of traffic monitoring covered by Directive 2002/59/EC, the Agency shall in 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.

Added:3. The Agency shall provide, upon request and without prejudice to national and Union law, 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.

Added:4. The Agency shall operate a centre 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: [Am. 42]

Added:(a) safety, security and pollution at sea;

Added:(b) situations of emergency at sea;

Added:(c) the implementation of any Union legislation requiring the monitoring of ship movements and containers lost at sea; [Am. 43]

Added:(d) 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;

Added:(e) the deployment of MASS and their interaction with conventional ships.

Added: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.

Added: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.

Added: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.

Added: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.

Added:Article 9 Tasks relating to digitalisation and simplification

Added:1. The Agency shall, where appropriate, collect and provide, in the areas of Union law within the 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.

Added:2. The Agency shall assist the Commission in the implementation of the Regulation (EU) 2019/1239 of the European Parliament and of the Council, with the following tasks:

Added:(a) 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;

Added:(b) to maintain the EMSWe Data Set, the Message Implementation Guide and the templates of the digital spreadsheets;

Added:(c) to provide technical guidance to the Member States for the implementation of the EMSWe;

Added:(d) to facilitate and improve the re-use and the sharing of data exchanged in the EMSWe using SafeSeaNet. [Am. 44]

Added:3. The Agency shall provide technical and operational assistance, as well as regular training and certification programmes 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 and in the digitalisation of any other procedures, which may have a positive effect in reducing the administrative burden on flag, port or coastal State Authorities. [Am. 45]

Added:Article 10 Visits to Member States and inspections

Added: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.

Added: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.

Added: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.

Added:4. The Agency may also carry out inspections on behalf of the Commission as required by any other binding legal act of the Union if the Commission decides to delegate such a task to the Agency.

Added: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.

Added: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, in particular as regards the implementation of Union law. [Am. 46]

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

Added:Article 11 International relations

Added: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, where EMSA should, within the Commission delegation, participate in and attend the discussions, the International Labour Organisation as far as shipping is concerned, and the Paris Memorandumrelevant Memoranda 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. [Am. 47]

Added: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.

Added:2. The Agency may, upon the request ofin consultation with the Commission, provide technical assistance, including 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. [Am. 48]

Added:3. The Agency may, upon the request ofin consultation with 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. [Am. 49]

Added:4. Without prejudice to Article 24, the Agency may provide, upon the request ofin consultation with the Commission, technical assistance to third countries for matters falling under its competence. [Am. 50]

Added:5. The Agency may enter into administrative arrangements and cooperation with other Union 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. [Am. 51]

Added: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 suchthe Union's priorities. It shall be included in the programming document of the Agency, with a specification of associated resources. [Am. 52]

Added:Article 12 European cooperation on coast guard functions

Added: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 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:

Added:(a) 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;

Added:(b) providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform;

Added:(c) building capacity by drawing up guidelines and recommendations and by establishing best practices as well as by providing training and exchange of staff;

Added:(d) enhancing the exchange of information and cooperation on coast guard functions including by analysing operational challenges and emerging risks in the maritime domain including by using digital simulation tools to study the effect of accidents; [Am. 53]

Added:(e) 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;

Added:(ea) sharing the relevant research, developments and technologies, including artificial intelligence, in a collaborative and flexible way, to find solutions to the challenges faced in the different areas; [Am. 54]

Added:(eb) increasing the cooperation in order to collect data for marine scientific research purpose on marine ecosystems, physical oceanography, marine chemistry, marine biology, fisheries, scientific ocean drilling and coring, geological and geophysical research, and other activities; [Am. 55]

Added:(ec) implementing cooperation projects with third countries to improve maritime safety, pollution prevention by ships, maritime security and preservation of the marine environment. [Am. 56]

Added: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.

Added: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.

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

Added:Article 13 Communication and dissemination

Added: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.