Changes between two versions
What changed between the adopted text of 12 Mar 2024 and the adopted text of 13 Nov 2025
From · adopted text· 12 Mar 2024
European Maritime Safety Agency and repealing Regulation (EC) No 1406/2002
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+10 added · −429 removed · 5 changed paragraphs, packaging included.
Part 3 of 8: Paragraphs 121–180
Removed:(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.
Removed: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]
Removed: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.
Removed: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]
Removed:Article 5 Tasks relating to sustainability
Removed: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.
Removed: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:
Removed:(a) developing and maintaining the necessary information system (CleanSeaNet), as part of the Union Maritime Information and Exchange System (SafeSeaNet), and databases;
Removed:(b) collecting, analysing and disseminating the relevant information on the implementation and enforcement of Directive 2005/35/EC;
Removed:(c) providing capacity building to the competent national authorities and facilitating the exchange of best practices;
Removed:(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;
Removed:(da) sharing and receiving relevant information from other EU Agencies, such as EFCA, especially in relation to lost fishing gear. [Am. 32]
Removed: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.
Removed: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.
Removed: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.
Removed: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]
Removed: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.
Removed: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.
Removed: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.
Removed: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.
Removed:Article 6 Tasks relating to decarbonisation
Removed: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]
Removed: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]
Removed: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]
Removed: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.
Removed: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.
Removed: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.
Removed: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]
Removed: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]
Removed:Article 7 Tasks relating to maritime security and cybersecurity
Removed: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]
Removed: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]
Removed:Article 8 Tasks relating to maritime surveillance and maritime crises
Removed: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]
Removed: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.
Removed: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.
Removed: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]
Removed:(a) safety, security and pollution at sea;
Removed:(b) situations of emergency at sea;
Removed:(c) the implementation of any Union legislation requiring the monitoring of ship movements and containers lost at sea; [Am. 43]
Removed:(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;
Removed:(e) the deployment of MASS and their interaction with conventional ships.
Removed: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.
Removed: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.
Removed: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.
Removed: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.
Removed:Article 9 Tasks relating to digitalisation and simplification
Removed: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.
Removed: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:
Removed:(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;
Removed:(b) to maintain the EMSWe Data Set, the Message Implementation Guide and the templates of the digital spreadsheets;
Removed:(c) to provide technical guidance to the Member States for the implementation of the EMSWe;
Removed:(d) to facilitate and improve the re-use and the sharing of data exchanged in the EMSWe using SafeSeaNet. [Am. 44]
Removed: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]
Removed:Article 10 Visits to Member States and inspections
Removed: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.
Removed: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.
Removed: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.
Removed: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.
Removed: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.