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Official Journal of the European Union
9.2.2013
REGULATION (EU) No 100/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 January 2013
amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) Acting
in
accordance
with
Article
22
of
Regulation
(EC)
EUROPEAN UNION,
No 1406/2002, the Administrative Board of the Agency
(the ‘Administrative Board’) in 2007 commissioned an
independent external evaluation on the implementation
Having regard to the Treaty on the Functioning of the European
of that Regulation. Based on that evaluation, in June
Union, and in particular Article 100(2) thereof,
2008, it issued recommendations regarding changes to
the functioning of the Agency, to its areas of competence
and to its working practices.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(5) Based
on
the
findings
of
the
external
evaluation,
and
on
parliaments,
the recommendations, and on the multiannual strategy
adopted by the Administrative Board in March 2010,
some provisions of Regulation (EC) No 1406/2002
Having regard to the opinion of the European Economic and
should be clarified and updated. While focusing on its
Social Committee (
priority tasks in the area of maritime safety, the Agency

1 ),
should receive a number of new core and ancillary tasks
reflecting the development of maritime safety policy at
After consulting the Committee of the Regions,
Union and international level. Given the budget
constraints facing the Union, considerable screening
and redeployment efforts are necessary to guarantee
Acting in accordance with the ordinary legislative procedure ( 2 ),
cost and budget efficiency and to avoid any overlapping.
Staffing needs for the new core and ancillary tasks
should, as a matter of principle, be covered through
Whereas:
internal redeployment by the Agency. At the same
time, the Agency should receive, where appropriate,
funding from other parts of the Union budget, in
(1) Regulation
(EC)
No
1406/2002
of
the
European
particular from the European Neighbourhood Policy
Parliament and of the Council ( 3 ), which was adopted
instrument. The delivery of any new core and ancillary
in response to the ‘Erika’ oil tanker incident, established
tasks by the Agency will be undertaken within the limits
a European Maritime Safety Agency (the ‘Agency’) for the
of the current Financial Perspective and the Agency’s
purpose of ensuring a high, uniform and effective level of
budget without prejudice to the negotiations and
maritime safety and prevention of pollution by ships.
decisions on the future multiannual financial framework.
As this Regulation is not a financing decision, the
Budgetary Authority should decide on resources for the
(2) After
the
‘Prestige’
oil
tanker
incident
in
2002,
Regu
Agency in the framework of the annual budgetary
lation (EC) No 1406/2002 was modified to give the
procedure.
Agency more tasks with regard to pollution response.
(6) The
Agency’s
tasks
should
be
described
clearly
and
(3) It
is
necessary
to
clarify
which
types
of
marine
pollution
should fall within the objectives of Regulation (EC) No
precisely, and any duplication of tasks should be avoided.
1406/2002. Thus, marine pollution caused by oil and
gas installations should be understood as pollution by
oil or any substance other than oil which, if introduced
(7) The
Agency
has
shown
that
certain
tasks
can
be
into the marine environment, is likely to create hazards
undertaken more efficiently at European level, which
to human health, to harm living resources and marine
might, in certain cases, offer Member States savings on
life, to damage amenities or to interfere with other
their national budgets and, where demonstrated,
legitimate uses of the sea, as established by the
represent genuine European added value.
Protocol on Preparedness, Response and Cooperation to
Pollution Incidents by Hazardous and Noxious
Substances, 2000.
(8) Some
provisions
regarding
the
specific
governance
of
the
Agency should be clarified. Taking into account the
( 1 ) OJ C 107, 6.4.2011, p. 68.
special responsibility of the Commission for the imple
( 2 ) Position of the European Parliament of 15 December 2011 (not yet
mentation of Union policies enshrined by the Treaty on
published on the Official Journal) and position of the Council at first
the Functioning of the European Union, the Commission
reading of 4 October 2012 (OJ C 352 E, 16.11.2012, p. 1). Position
of the European Parliament of 13 December 2012.
should provide policy guidance to the Agency in the
( 3 ) OJ L 208, 5.8.2002, p. 1.
performance of its tasks while fully respecting the legal

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status of the Agency and the independence of its
Parliament and of the Council of 20 October 2010 on
Executive Director as established by Regulation (EC) No
reporting formalities for ships arriving in and/or
1406/2002.
departing from ports of the Member States ( 2 ).
(9) When
appointing
members
of
the
Administrative
Board, (16) The Agency should enhance its assistance to the
electing the Chairperson and Deputy Chairperson of the
Commission regarding research activities related to its
Administrative Board and appointing Heads of
fields of competences. However, duplication of work as
Department, the importance of ensuring balanced
regards the existing Union research framework should be
gender representation should be fully taken into account.
avoided. In particular, the Agency should not be in
charge of the management of research projects.
(10) Any
reference
to
relevant
legal
acts
of
the
Union
should
be understood to refer to acts in the field of maritime
(17) In the light of the development of new innovative appli
safety, maritime security, prevention of, and response to,
cations and services and the improvement of the existing
pollution caused by ships as well as response to marine
applications and services, and with a view to imple
pollution caused by oil and gas installations.
menting a European Maritime Transport Space without
Barriers, the Agency should make full use of the potential
offered by the European satellite navigation programmes
(11) For
the
purposes
of
this
Regulation,
‘maritime
security’
is
(EGNOS and Galileo) and by the Global Monitoring for
to be understood — in accordance with Regulation (EC)
Environment and Security programme (GMES).
No 725/2004 of the European Parliament and of the
Council of 31 March 2004 on enhancing ship and
port facility security ( 1 ) — as the combined preventive
(18) After the expiry of the Union framework for cooperation
measures intended to protect shipping and port facilities
in the field of accidental or deliberate marine pollution
against threats of intentional unlawful acts. The security
established by Decision No 2850/2000/EC of the
objective should be achieved by adopting appropriate
European Parliament and of the Council ( 3 ), the Agency
measures in the field of maritime transport policy,
should continue some of the activities previously carried
without prejudice to the rules of the Member States in
out under that framework by drawing in particular on
the field of national security, defence and public security,
the expertise within the Consultative Technical Group for
and in combating financial crimes against the State.
Marine Pollution Preparedness and Response. The
activities of the Agency in this field should not relieve
coastal States of their responsibility to have appropriate
(12) The Agency should act in the interests of the Union. This
pollution response mechanisms in place and should
should include the situation when the Agency is tasked
respect existing cooperation arrangements between
to act outside the territory of the Member States in its
Member States or groups of Member States.
fields of competence and to provide technical assistance
to relevant third countries, in promoting the Union’s
maritime safety policy.
(19) Upon
request,
the
Agency
provides
Member
States
with
detailed information about potential cases of pollution by
ships through CleanSeaNet to enable them to fulfil their
(13) The Agency should provide technical assistance to
responsibilities under Directive 2005/35/EC of the
Member States which should facilitate the establishment
European Parliament and of the Council of
of the necessary national capacity to implement the
7 September 2005 on ship-source pollution and on the
Union acquis.
introduction of penalties for infringements ( 4 ). However,
the effectiveness of enforcement varies greatly despite
such pollution having the potential to end up in other
(14) The
Agency
should
provide
operational
assistance
to
the
national waters. In its next report under Article 12 of
Member States and the Commission. This should include
that Directive, the Commission should therefore provide
services such as the Union Maritime Information and
information to the European Parliament and to the
Exchange System (SafeSeaNet), the European Satellite
Council about the effectiveness and the consistency of
Oil Monitoring Service (CleanSeaNet), the European
the enforcement of that Directive and other relevant
Union Long Range Identification and Tracking Data
information about its application.
Centre (EU LRIT Data Centre) and the EU Port State
Control inspection data base (Thetis).
(20) Requests
from
affected
States
for
the
mobilisation
of
anti-
pollution actions by the Agency should be relayed
(15) The
Agency’s
expertise
in
electronic
data
transmission
through the EU Civil Protection Mechanism established
and in maritime information exchange systems should
by Council Decision 2007/779/EC, Euratom (
be used to simplify reporting formalities for ships with

5 ). However,
the Commission may consider that in circumstances
a view to the elimination of barriers to maritime
other than requests for mobilisation of stand-by anti-
transport and the establishment of a European
pollution ships and equipment, alternative means of
Maritime Transport Space without Barriers. In particular,
the Agency should support Member States in the imple
mentation of Directive 2010/65/EU of the European
( 2 ) OJ L 283, 29.10.2010, p. 1.
( 3 ) OJ L 332, 28.12.2000, p. 1.
( 4 ) OJ L 255, 30.9.2005, p. 11.
( 1 ) OJ L 129, 29.4.2004, p. 6.
( 5 ) OJ L 314, 1.12.2007, p. 9.

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Official Journal of the European Union
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communication using advanced information technology
(28) With
a view to achieving
the single market and a
may be more appropriate and, thus, may inform the
European Maritime Transport Space without Barriers,
requesting Member State.
administrative burdens on shipping should be reduced,
thereby inter alia encouraging short sea shipping. In this
context, the ‘Blue Belt’ concept and e-Maritime could
(21) Recent
events
highlighted
the
risks
of
offshore
oil
and
potentially be used as a means of reducing reporting
gas exploration and production activities to maritime
formalities required from commercial vessels on
transport and the marine environment. The Agency’s
entering or leaving ports in the Member States.
response capabilities for oil pollution and its expertise
in the field of pollution by hazardous and noxious
substances should be used to cover response to
(29) It is recalled that according to the case-law of the Court
pollution originating from such activities, at the request
of Justice of the European Union, and in order to respect
of an affected State.
the principle of institutional balance, the power to adopt
decisions of general application may not be conferred on
an agency.
(22) In
particular,
CleanSeaNet,
which
is
currently
used
to
provide evidence of oil spills from ships, should also
be used by the Agency to detect and report oil spills
(30) Without
prejudice
to
the
objectives
and
tasks
laid
down
from offshore oil and gas exploration and production
in Regulation (EC) No 1406/2002, the Commission
activities, without causing any detrimental effects to the
should prepare and submit, within one year of the date
service provided for maritime transport.
of entry into force of this Regulation, in close
cooperation with relevant stakeholders, a feasibility
study with a view to evaluate and identify the possibilities
(23) The
Agency has established and recognised valuable
of enhancing coordination and cooperation of different
expertise and tools in the fields of maritime safety,
coastguard functions. That study should take into
maritime security, prevention of, and response to,
account the existing legal framework and relevant recom
pollution caused by ships. This expertise and these
mendations from the appropriate Union fora as well as
tools can be relevant for other Union activities related
the current development of the Common Information
to the Union maritime transport policy. The Agency
Sharing Environment (CISE) and should fully respect
should therefore assist the Commission and the
the principles of subsidiarity and proportionality,
Member States upon request in the development and
making clear the costs and benefits to the European
implementation of such Union activities provided that
Parliament and the Council.
the Administrative Board has approved this in the
context of the Agency’s annual work programme. Such
assistance should be subject to a detailed cost/benefit
(31) Attracting
well
trained
European
seafarers
is
important
analysis and should not be detrimental to the Agency’s
for the competitiveness of the Union maritime clusters.
core tasks.
Therefore, in light of the current and future demand in
the Union for highly qualified seafarers, the Agency
should, if appropriate, support Member States and the
(24) Through the technical assistance that the Agency
Commission in promoting maritime training by facili
provides,, it also contributes to the development of
tating the voluntary exchange of best practice and by
more environment-friendly maritime transport.
providing information on Union exchange programmes
on maritime training. This could include assisting
competent European stakeholders in pursuing excellence
(25) As regards classification societies, most classification
for maritime education and training on a voluntary basis,
societies deal with both seagoing and inland waterway
while fully respecting the responsibility of the Member
vessels. Based on the Agency’s experience with classifi
States for the content and organisation of maritime
cation societies for seagoing vessels, the Agency could
training.
provide relevant information to the Commission with
regard to classification societies for inland waterway
vessels and thus allow for efficiency gains.
(32) In
order
to
counter
the
growing
risk
of
piracy,
the
Agency should continue, where appropriate, to forward
to competent national authorities and other relevant
(26) As
regards
the
interface
between
transport
information
bodies, including operations such as EU Naval Force
systems, the Agency should assist the Commission and
operation Atalanta, detailed information about the
the Member States by exploring, together with competent
position of vessels flying the flag of Member States and
authorities for the River Information Services System, the
transiting through areas, which are classified as very
possibility of sharing information between such systems.
dangerous. Furthermore, the Agency has at its disposal
means that could be useful, notably in the context of the
development of the CISE. It is therefore appropriate that
(27) Without prejudice to the responsibility of the competent
the Agency should provide, upon request, relevant vessel
authorities, the Agency should assist the Commission and
positioning and Earth observation data to competent
the Member States in the development and implemen
national authorities and Union bodies, such as Frontex
tation of the future e-Maritime initiative, which aims at
and Europol, to facilitate preventive measures against
improving the efficiency of the European maritime
intentional unlawful acts as understood in relevant
transport sector by facilitating the use of advanced
Union law without prejudice to the rights and obligations
information technologies.
of Member States and in accordance with the applicable

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national and Union law, in particular regarding those
regard to pollution response to third countries sharing a
bodies requesting data. The provision of long-range
regional sea basin with the Union, the Agency should act,
identification and tracking of ships (LRIT) data should
taking into account those arrangements.
be subject to the consent of the flag State concerned,
in accordance with procedures to be established by the
Administrative Board.
(37) The Union shares the regional sea basins of the Medi
terranean Sea, the Black Sea and the Baltic Sea with
(33) When publishing information in accordance with
neighbouring countries. Upon request by the
Directive 2009/16/EC of the European Parliament and
Commission, the Agency should provide assistance with
of the Council of 23 April 2009 on port State control ( 1 ),
regard to pollution response to those countries.
the Commission and the Agency should build upon the
expertise and experience gained under the Paris
Memorandum of Understanding on Port State Control
(‘Paris MoU’) to ensure consistency.
(38) In
order to maximise efficiency,
the Agency should
cooperate as closely as possible in the context of the
Paris MoU. The Commission and Member States should
continue to examine any options for further efficiency
(34) The assistance of the Agency to the Member States and
to the Commission with regard to the relevant work of
gains, which could be proposed for consideration within
international and regional organisations should be
the framework of the Paris MoU.
without prejudice to the relationship between those
organisations and the Member States resulting from
Member States’ membership of those organisations.
(39) In
order
to
ensure
that
the
binding
legal
acts
of
the
Union in the fields of maritime safety and the prevention
of pollution caused by ships are correctly implemented in
(35) The
Union
has
acceded
to
the
following
instruments,
practice, the Agency should assist the Commission by
establishing regional organisations, whose activities are
carrying out visits to Member States. These visits to the
also covered by the Agency’s objectives: the Convention
national administrations should allow the Agency to
on the Protection of the Marine Environment of the
gather all necessary information to present a compre
Baltic Sea Area (Helsinki Convention as revised in
hensive report to the Commission for its further
1992) ( 2 ); the Convention for the Protection of the Medi
assessment. The visits should be conducted in the spirit
terranean Sea against Pollution (Barcelona Conven
of the principles referred to in Article 4(3) of the Treaty
tion) ( 3 ), and its 1995 revision ( 4 ) and to a number of
on European Union and should be conducted in such a
protocols thereto; the Agreement for cooperation in
way so as to minimise the administrative burden upon
dealing with pollution of the North Sea by oil and
the national maritime administrations. Furthermore the
other harmful substances (Bonn Agreement) ( 5 ); the
visits should be carried out in accordance with a set
Convention for the protection of the marine
procedure including a standard methodology as
environment of the North-East Atlantic (OSPAR Conven
adopted by the Administrative Board.
tion) ( 6 ); the Cooperation Agreement for the protection
of the coasts and waters of the north-east Atlantic against
pollution, signed on 17 October 1990 (Lisbon Agree
ment) ( 7 ), with the Additional Protocol thereto, signed
on 20 May 2008, which have not yet entered into
(40) The
Agency
should
assist
the
Commission
by
carrying
force ( 8 ). The Union is also negotiating accession to the
out inspections of recognised organisations in accordance
Convention on the Protection of the Black Sea Against
with Regulation (EC) No 391/2009 of the European
Pollution, signed in April 1992 (Bucharest Convention).
Parliament and of the Council of 23 April 2009 on
The Agency should therefore provide technical assistance
common rules and standards for ship inspection and
to Member States and the Commission to take part in
survey organisations ( 9 ). These inspections may also
the relevant work of those regional organisations.
take place in third countries. The Commission and the
Agency should ensure that the Member States concerned
are duly informed. The Agency should also carry out the
inspection tasks with regard to the training and certifi
(36) In
addition
to
those
regional
organisations,
a
number
of
cation of seafarers in third countries pursuant to
other regional, sub-regional and bilateral coordination
Directive 2008/106/EC of the European Parliament and
and cooperation arrangements exist with regard to
of the Council of 19 November 2008 on the minimum
pollution response. When providing assistance with
level of training of seafarers ( 10 ), which the Commission
has delegated to the Agency. Details of the technical
( 1 ) OJ L 131, 28.5.2009, p. 57.
assistance provided by the Agency to the maritime
( 2 ) Council Decision 94/157/EC (OJ L 73, 16.3.1994, p. 19).
security inspections carried out by the Commission in
( 3 ) Council Decision 77/585/EEC (OJ L 240, 19.9.1977, p. 1).
accordance with Commission Regulation (EC) No
( 4 ) Council Decision 1999/802/EC (OJ L 322, 14.12.1999, p. 32).
324/2008 of 9 April 2008 laying down revised
( 5 ) Council Decision 84/358/EEC (OJ L 188, 16.7.1984, p. 7).
( 6 ) Council Decision 98/249/EC (OJ L 104, 3.4.1998, p. 1).
( 7 ) Council Decision 93/550/EEC (OJ L 267, 28.10.1993, p. 20).
( 9 ) OJ L 131, 28.5.2009, p. 11.
( 8 ) Council Decision 2010/655/EU (OJ L 285, 30.10.2010, p. 1).
( 10 ) OJ L 323, 3.12.2008, p. 33.

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Official Journal of the European Union
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procedures for conducting Commission inspections in
prevention of pollution from offshore oil and gas instal
the field of maritime security ( 1 ) should not be covered
lations, taking into account the Agency’s established and
by Regulation (EC) No 1406/2002.
recognised expertise and tools.
(41) In order to ensure coherence with the policy objectives
(45) The
Agency’s
activities
should,
where
appropriate,
also
and the institutional set-up of the Union as well as with
contribute to the establishment of a genuine European
the applicable administrative and financial procedures,
Maritime Transport Space without Barriers.
the Commission should issue formal advice in the form
of a written opinion on the Agency’s draft multiannual
strategy and draft annual work programmes, which the
(46) Regulation
(EU,
Euratom)
No
966/2012
of
the
European
Administrative Board should take into account before
Parliament and of the Council of 25 October 2012 on
adopting those documents.
the financial rules applicable to the general budget of the
Union ( 3 ), and in particular Article 208 thereof, should
be taken into account.
(42) In order to ensure a fair and transparent procedure for
the appointment of the Executive Director, the selection
procedure to be followed should be in accordance with
(47) Regulation
(EC) No 1406/2002 should therefore be
the Commission guidelines for the selection and nomi
amended accordingly,
nation of Directors for agencies of the Union. These
guidelines provide that nationals of any Member State
can submit an application. For the same reasons, the
HAVE ADOPTED THIS REGULATION:
Administrative Board should be represented by an
observer in the pre-selection committee. The observer
should be kept informed during the further stages of
Article 1
the selection procedure. At the time that the Adminis
trative Board takes its decision on appointment, its
Amendments to Regulation (EC) No 1406/2002
members should be able to address questions to the
Commission on the selection procedure. Furthermore,
Regulation (EC) No 1406/2002 is hereby amended as follows:
the Administrative Board should have the opportunity
to interview the shortlisted candidates, in line with
standard practice. At all stages of the selection
(1) Articles 1 to 3 are replaced by the following:
procedure and appointment for the post of the
Executive Director of the Agency, all parties involved
should ensure that the personal data of the candidates
‘Article 1
are processed in accordance with Regulation (EC) No
Objectives
45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of
1. This
Regulation
establishes
a
European
Maritime
individuals with regard to the processing of personal
Safety Agency (“the Agency”) for the purpose of ensuring
data by the Community institutions and bodies and on
a high, uniform and effective level of maritime safety,
the free movement of such data ( 2 ).
maritime security, prevention of, and response to,
pollution caused by ships as well as response to marine
pollution caused by oil and gas installations.
(43) While the Agency is mainly financed through a
contribution from the Union, it also has revenues
resulting from fees and charges relating to its services.
2. To
that
end,
the
Agency
shall
cooperate
with
the
Those fees and charges relate in particular to the
Member States and the Commission and provide them
operation of the EU LRIT Data Centre and are applied
with technical, operational and scientific assistance in the
in accordance with the Council Resolution adopted on 1
fields mentioned in paragraph 1 of this Article within the
and 2 October 2007 and 9 December 2008 related to
limits of the core tasks set out in Article 2 and, as and
the establishment of the EU LRIT Data Centre and in
when applicable, the ancillary tasks set out in Article 2a, in
particular with the paragraphs related to the financing
particular in order to help the Member States and the
of LRIT reports.
Commission to apply the relevant legal acts of the
Union properly. As regards the field of response to
pollution, the Agency shall provide operational assistance
(44) In the framework of the progress report provided for
only upon the request of the affected State(s).
pursuant to Regulation (EC) No 1406/2002, the
Commission should also examine the Agency’s
potential contribution to the implementation of a
3. By
providing
the
assistance
referred
to
in
paragraph
future legislative act on the safety of offshore oil and
2, the Agency shall, where appropriate, contribute to the
gas prospecting, exploration and production activities,
overall efficiency of maritime traffic and maritime
which is currently being examined by the European
transport as set out in this Regulation, so as to facilitate
Parliament and the Council, with regard to the
the establishment of a European Maritime Transport Space
without Barriers.
( 1 ) OJ L 98, 10.4.2008, p. 5.
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 3 ) OJ L 298, 26.10.2012, p. 1.

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Article 2
(d) support with additional means in a cost efficient way
pollution response actions in case of pollution caused
Core tasks of the Agency
by ships as well as marine pollution caused by oil and
1. In
order
to
ensure
that
the
objectives
set
out
in
gas installations, when a request has been presented by
Article 1 are met in the appropriate manner, the Agency
the affected Member State under the authority of
shall perform the core tasks listed in this Article.
which the cleaning operations are conducted, without
prejudice to the responsibility of coastal States to have
appropriate pollution response mechanisms in place
2. The
Agency
shall
assist
the
Commission:
while respecting existing cooperation between
Member States in this field. As appropriate, requests
for mobilisation of anti-pollution actions shall be
(a) in the preparatory work for updating and developing
relayed through the EU Civil Protection Mechanism
relevant legal acts of the Union, in particular in line
established by Council Decision 2007/779/EC, Eura
with the development of international legislation;
tom (***).
4. The
Agency
shall
facilitate
cooperation
between
the
(b) in the effective implementation of relevant binding
Member States and the Commission:
legal acts of the Union, in particular by carrying-out
visits and inspections as referred to in Article 3 of this
Regulation and by providing technical assistance to the
(a) in the field of traffic monitoring covered by Directive
Commission in the performance of the inspection
2002/59/EC, the Agency shall in particular promote
tasks assigned to it pursuant to Article 9(4) of Regu
cooperation between riparian States in the shipping
lation (EC) No 725/2004 of the European Parliament
areas concerned, as well as develop and operate the
and of the Council of 31 March 2004 on enhancing
European Union Long-Range Identification and
ship and port facility security (*). In this regard, it may
Tracking of Ships European Data Centre and the
address suggestions to the Commission for any
Union Maritime Information and Exchange System
possible improvements of those binding legal acts;
(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
(c) in the analysis of ongoing and completed research
system in accordance with the commitment made in
projects relevant to the objectives of the Agency; this
the International Maritime Organisation (“IMO”);
may include the identification of possible follow-up
measures resulting from specific research projects;
(b) by providing, upon request and without prejudice to
national and Union law, relevant vessel positioning
and Earth observation data to the competent national
(d) in the performance of any other task assigned to the
authorities and relevant Union bodies within their
Commission in legislative acts of the Union regarding
mandate in order to facilitate measures against
the objectives of the Agency.
threats of piracy and of intentional unlawful acts as
provided for in applicable Union law or under inter
nationally agreed legal instruments in the area of
3. The
Agency
shall
work
with
the
Member
States
to:
maritime transport, subject to applicable data
protection rules and in accordance with administrative
(a) organise, where appropriate, relevant training activities
procedures to be established by the Administrative
in fields which are the responsibility of the Member
Board or the High Level Steering Group established
States;
in accordance with Directive 2002/59/EC, as appro
priate. The provision of long-range identification and
tracking of ships data shall be subject to the consent of
(b) develop technical solutions, including the provision of
the flag State concerned;
relevant operational services, and provide technical
assistance, to the building up of the necessary
(c) in the field of the investigation of marine casualties
national capacity for the implementation of relevant
and incidents in accordance with Directive
legal acts of the Union;
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
(c) provide, at the request of a Member State, appropriate
the maritime transport sector (****); the Agency shall,
information resulting from the inspections referred to
if requested by the relevant Member States and
in Article 3 in order to support the monitoring of the
assuming that no conflict of interest arises, provide
recognised organisations that carry out certification
operational support to these Member States
tasks on behalf of the Member States in accordance
concerning investigations related to serious or very
with Article 9 of Directive 2009/15/EC of the
serious casualties and it shall carry out analysis of
European Parliament and of the Council of 23 April
safety investigation reports with a view to identify
2009 on common rules and standards for ship
added value at Union level in terms of any relevant
inspection and survey organisations and for the
lessons to be drawn. On the basis of data provided by
relevant activities of maritime administrations
(**)
the Member States, in accordance with Article 17 of
without prejudice to the rights and obligations of the
that Directive, the Agency shall compile a yearly
flag State;
overview of marine casualties and incidents;

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Official Journal of the European Union
9.2.2013
(d) in providing objective, reliable and comparable stat
conditions applicable to Member States as referred to in
istics, information and data, to enable the Commission
paragraph (3)(d) of this Article. These tasks shall be coor
and the Member States to take the necessary steps to
dinated with the existing regional cooperation
improve their actions and to evaluate the effectiveness
arrangements related to marine pollution.
and cost-efficiency of existing measures. Such tasks
shall include the collection, recording and evaluation
Article 2a
of technical data, the systematic exploitation of
existing databases, including their cross-fertilisation,
Ancillary tasks of the Agency
and, where appropriate, the development of additional
1. Without
prejudice
to
the
core
tasks
referred
to
in
databases. On the basis of the data collected, the
Article 2, the Agency shall assist the Commission and
Agency shall assist the Commission in the publication
the Member States, as appropriate, in the development
of information relating to ships pursuant to Directive
and implementation of the Union activities set out in
2009/16/EC of the European Parliament and of the
paragraphs 2 and 3 of this Article related to the
Council of 23 April 2009 on port State control (*****);
Agency’s objectives, in so far as the Agency has established
and recognised expertise and tools. The ancillary tasks set
(e) in gathering and analysing data on seafarers provided
out in this Article shall:
and used in accordance with Directive 2008/106/EC of
the European Parliament and of the Council of
19 November 2008 on the minimum level of
(a) create substantiated added value;
training of seafarers (******);
(b) avoid duplication of efforts;
(f) in improving the identification and pursuit of ships
making unlawful discharges in accordance with
(c) be in the interest of the Union maritime transport
Directive 2005/35/EC of the European Parliament
policy;
and of the Council of 7 September 2005 on ship-
source pollution and on the introduction of penalties
(d) not be detrimental to the Agency’s core tasks; and
for infringements (*******);
(g) regarding marine oil pollution caused by oil and gas
(e) not infringe upon Member States’ rights and
installations, by using the European Satellite Oil Moni
obligations, in particular as flag States, port States
toring Service (CleanSeaNet) to monitor the extent and
and coastal States.
environmental impact of such pollution;
2. The
Agency
shall
assist
the
Commission:
(h) in providing technical assistance necessary for the
Member States and the Commission to contribute to
(a) in the context of the implementation of Directive
the relevant work of the technical bodies of the IMO,
2008/56/EC of the European Parliament and of the
the International Labour Organisation as far as
Council (Marine Strategy Framework Direc
shipping is concerned, and the Paris Memorandum
tive) (*********), by contributing to the objective of
of Understanding on Port State Control (“Paris MoU”)
achieving good environmental status of marine
and relevant regional organisations to which the Union
waters with its shipping-related elements and in
has acceded, with regard to matters of Union
exploiting the results of existing tools such as Safe
competence;
SeaNet and CleanSeaNet;
(i) with regard to the implementation of Directive
(b) providing technical assistance in relation to greenhouse
2010/65/EU of the European Parliament and of the
gas emissions from ships, in particular in following up
Council of 20 October 2010 on reporting formalities
ongoing international developments;
for ships arriving in and/or departing from ports of the
Member States (********), in particular by facilitating
(c) as concerns the Global Monitoring for Environment
the electronic transmission of data through SafeSeaNet
and Security programme (GMES), in promoting the
and by supporting the development of the single
use of GMES data and services for maritime
window.
purposes, within the GMES governance framework;
5. The Agency may, upon the request of the
Commission, provide technical assistance, including the
(d) in the development of a Common Information Sharing
organisation of relevant training activities, as regards
Environment for the EU maritime domain;
relevant legal acts of the Union, to States applying for
accession to the Union, and, where applicable, to
(e) with respect to mobile offshore oil and gas instal
European Neighbourhood partner countries and to
lations, in examining IMO requirements and in
countries taking part in the Paris MoU.
gathering basic information on potential threats to
maritime transport and the marine environment;
The Agency may also provide assistance in case of
pollution caused by ships as well as marine pollution
(f) by providing relevant information with regard to clas
caused by oil and gas installations affecting those third
sification societies for inland waterway vessels in
countries sharing a regional sea basin with the Union, in
accordance with Directive 2006/87/EC of the
line with the EU Civil Protection Mechanism established by
European Parliament and of the Council of
Decision 2007/779/EC, Euratom, and by analogy with the
12 December 2006 laying down technical

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Union L
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requirements for inland waterway vessels (**********).
4. At the end of each visit or inspection, the Agency
This information shall also be part of the reports
shall draw up a report and send it to the Commission and
referred to in Article 3(4) and (5) of this Regulation.
to the Member State concerned.
5. Where
appropriate,
and
in
any
case
when
a
cycle
of
3. The
Agency
shall
assist
the
Commission
and
the
visits or inspections is concluded, the Agency shall analyse
Member States:
reports from that cycle with a view to identifying hori
zontal findings and general conclusions on the effec
tiveness and cost-efficiency of the measures in place. The
(a) in the examination of the feasibility and the implemen
Agency shall present this analysis to the Commission for
tation of policies and projects supporting the estab
further discussion with Member States in order to draw
lishment of the European Maritime Transport Space
any relevant lessons and facilitate the dissemination of
without Barriers, such as the Blue Belt concept and
good working practices.
e-Maritime, as well as Motorways of the Sea. This
shall be done in particular by exploring additional
___________
functionalities to SafeSeaNet, without prejudice to the
(*) OJ L 129, 29.4.2004, p. 6.
role of the High Level Steering Group established in
(**) OJ L 131, 28.5.2009, p 47.
accordance with Directive 2002/59/EC;
(***) OJ L 314, 1.12.2007, p. 9.
(****) OJ L 131, 28.5.2009, p. 114.
(*****) OJ L 131, 28.5.2009, p. 57.
(b) by exploring with competent authorities for the River
(******) OJ L 323, 3.12.2008, p. 33.
Information Services System the possibility of sharing
(*******) OJ L 255, 30.9.2005, p. 11.
information between this system and maritime
(********) OJ L 283, 29.10.2010, p. 1.
transport information systems on the basis of the
(*********) OJ L 164, 25.6.2008, p. 19.
report provided for in Article 15 of Directive
(**********) OJ L 389, 30.12.2006, p. 1.
2010/65/EU;
(***********) OJ L 131, 28.5.2009, p. 11.’;
(c) by facilitating voluntary exchange of best practices in
(2) in Article 4, paragraphs 3 and 4 are replaced by the
maritime training and education in the Union and by
following:
providing information on Union exchange
programmes relevant to maritime training while fully
‘3. The
Administrative
Board
shall
adopt
the
practical
respecting Article 166 of the Treaty on the Func
arrangements for the application of paragraphs 1 and 2,
tioning of the European Union ( TFEU).
including, where appropriate, arrangements regarding
consultation with Member States before the publication
of information.
Article 3
4. The information collected and processed in
Visits to Member States and inspections
accordance with this Regulation by the Commission and
1. In order to perform the tasks entrusted to it and to
the Agency shall be subject to Regulation (EC) No
assist the Commission in fulfilling its duties under the
45/2001 of the European Parliament and of the Council
TFEU, and in particular the assessment of the effective
of 18 December 2000 on the protection of individuals
implementation of relevant Union law, the Agency shall
with regard to the processing of personal data by the
carry out visits to Member States in accordance with the
Community institutions and bodies and on the free
methodology established by the Administrative Board.
movement of such data (*) and the Agency shall take the
necessary measures to ensure the safe handling and
processing of confidential information.
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
(*) OJ L 8, 12.1.2001, p. 1.’;
starts and its expected duration. The Agency officials
delegated to carry out such visits shall do so on presen
tation of a decision in writing from the Executive Director
(3) in Article 5, paragraph 3 is replaced by the following:
of the Agency specifying the purpose and the aims of their
mission.
‘3. At the request of the Commission, the Adminis
trative Board may decide, with the agreement of and in
cooperation with the Member States concerned and with
3. The Agency shall carry out inspections on behalf of
due regard to budgetary implications, including any
the Commission as required by binding legal acts of the
contribution the Member States concerned may provide,
Union regarding organisations recognised by the Union in
to establish the regional centres necessary in order to carry
accordance with Regulation (EC) No 391/2009 of the
out, in the most efficient and effective way, some of the
European Parliament and of the Council of 23 April
Agency’s tasks. When taking such a decision, the Adminis
2009 on common rules and standards for ship inspection
trative Board shall define the precise scope of activities of
and survey organisations (***********), and regarding the
the regional centre while avoiding unnecessary financial
training and certification of seafarers in third countries
costs and enhancing cooperation with existing regional
in accordance with Directive 2008/106/EC.
and national networks.’;

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(4) in Article 10, paragraph 2 is amended as follows:
(f) point (l) is replaced by the following:
(a) point (b) is replaced by the following:
‘(l) review the financial execution of the detailed plan
referred to in point (k) of this paragraph and the
budgetary commitments provided for in Regulation
‘(b) adopt the annual report on the Agency’s activities
(EC) No 2038/2006 of the European Parliament
and forward it each year by 15 June to the
and of the Council of 18 December 2006 on multi
European Parliament, the Council, the
annual funding for the action of the European
Commission, the Court of Auditors and the
Maritime Safety Agency in the field of response
Member States.
to pollution caused by ships (*);
The Agency shall forward annually to the
___________
budgetary authority all information regarding the
(*) OJ L 394, 30.12.2006, p. 1.’;
outcome of the evaluation procedures;’;
(b) point (c) is replaced by the following:
(g) the following point is added:
‘(c) examine and approve, in the framework of the
‘(m) appoint an observer from amongst its members to
preparation of the work programme, requests
follow the selection procedure by the Commission
for assistance to the Commission, as referred to
for the appointment of the Executive Director.’;
in Article 2(2)(d), requests from Member States
for technical assistance, as referred to in
(5) Article 11 is amended as follows:
Article 2(3), and requests for technical assistance,
as referred to in Article 2(5) as well as requests
(a) in paragraph 1, the second subparagraph is replaced by
for assistance as referred to in Article 2a;
the following:
(ca) examine and adopt a multiannual strategy for the
‘Administrative Board members shall be appointed on
Agency for a period of five years taking the
the basis of their degree of relevant experience and
written opinion of the Commission into account;
expertise in the fields referred to in Article 1. The
Member States and the Commission shall each strive
(cb) examine and adopt the multiannual staff policy
for a balanced representation between men and
plan of the Agency;
women on the Administrative Board.’;
(b) paragraph 3 is replaced by the following:
(cc) consider draft administrative arrangements, as
referred to in Article 15(2)(ba);’;
‘3. The duration of the term of office shall be four
years. The term of office may be renewed.’;
(c) point (g) is replaced by the following:
(6) in Article 13, paragraph 4 is replaced by the following:
‘(g) establish the methodology for the visits to be
carried out pursuant to Article 3. In the event
‘4. When
there
is
a
matter
of
confidentiality
or
conflict
that the Commission expresses, within 15 days
of interest, the Administrative Board may decide to
from the date of adoption of the methodology,
examine specific items of its agenda without the
its disagreement, the Administrative Board shall
presence of the members concerned. Detailed rules for
re-examine and adopt it, possibly amended, in
the application of this provision shall be laid down in
second reading either with a two-thirds majority,
the rules of procedure.’;
including the Commission representatives, or by
unanimity of the representatives of the Member
(7) Article 15 is amended as follows:
States;’;
(a) in paragraph 2, points (a) and (b) are replaced by the
(d) point (h) is replaced by the following:
following:
‘(h) perform its duties in relation to the Agency’s
‘(a) he/she shall prepare the multiannual strategy of
budget pursuant to Articles 18, 19 and 21 and
the Agency and submit it to the Administrative
monitor and ensure adequate follow-up to the
Board after consultation of the Commission at
findings and recommendations stemming from
least eight weeks before the relevant Adminis
various audit reports and evaluations, whether
trative Board meeting, taking into account views
internal or external;’;
and suggestions made by members of the Admin
istrative Board;
(e) point (i) is replaced by the following:
(aa) he/she shall prepare the multiannual staff policy
plan of the Agency and submit it to the Adminis
‘(i) exercise disciplinary authority over the Executive
trative Board after consultation of the
Director and the Heads of Department referred to
Commission at least four weeks before the
in Article 16;’;
relevant Administrative Board meeting;

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(ab) he/she shall prepare the annual work programme,
(8) Article
16
is
replaced
by
the
following:
with an indication of the expected human and
financial resources allocated to each activity, and
the detailed plan for the Agency’s pollution
‘Article 16
preparedness and response activities, and submit
Appointment and dismissal of the Executive Director
them to the Administrative Board after consul
and the Heads of Department
tation of the Commission at least eight weeks
before the relevant Board meeting, taking into
1. The
Executive
Director
shall
be
appointed
and
account views and suggestions made by
dismissed by the Administrative Board. The appointment
members of the Administrative Board. He/she
shall be made for a period of five years on grounds of
shall take the necessary steps for their implemen
merit and documented administrative and managerial
tation. He/she shall respond to any requests for
competence, as well as documented experience in the
assistance from a Member State in accordance
fields referred to in Article 1 after hearing the opinion
with Article 10(2)(c);
of the observer as referred to in Article 10. The
Executive Director shall be appointed from a list of at
(b) he/she shall decide to carry out the visits and
least three candidates proposed by the Commission after
inspections provided for in Article 3, after consul
an open competition, following publication of the post in
tation of the Commission and following the
the Official Journal of the European Union, and elsewhere, of
methodology for visits established by the Admin
a call for expression of interest. The candidate selected by
istrative Board in accordance with
the Administrative Board may be invited to make a
Article 10(2)(g);
statement before the competent committee of the
European Parliament and answer questions put by its
members. The Administrative Board shall deliberate on
(ba) he/she may enter into administrative
dismissal at the request of the Commission or of one
arrangements with other bodies working in the
third of its members. The Administrative Board shall
Agency’s fields of activities provided that the
take its decisions on appointment or dismissal by a
draft arrangement has been submitted for consul
four-fifths majority of all members with the right to vote.
tation to the Administrative Board and provided
that the Administrative Board does not object
within four weeks.’;
2. The
Administrative
Board,
acting
on
a
proposal
from
the Commission, taking into account the evaluation report
(b) in paragraph 2, point (d) is replaced by the following:
may extend once the term of office of the Executive
Director for not more than four years. The Administrative
‘(d) he/she shall organise an effective monitoring
Board shall take its decision by a four-fifths majority of all
system in order to be able to compare the
members with the right to vote. The Administrative Board
Agency’s achievements with its objectives and
shall inform the European Parliament about its intention
tasks as laid down in this Regulation. To this
to extend the Executive Director’s term of office. Within a
end, he/she shall establish, in agreement with the
month before the extension of his/her term of office, the
Commission and the Administrative Board, tailored
Executive Director may be invited to make a statement
performance indicators allowing for an effective
before the competent committee of the European
assessment of the results achieved. He/she shall
Parliament and answer questions put by its members. If
ensure that the Agency’s organisational structure
the term of office is not extended, the Executive Director
will be regularly adapted to the evolving needs
shall remain in office until the appointment of his/her
within the available financial and human resources.
successor.
On this basis the Executive Director shall prepare a
draft general report each year and submit it for
3. The
Executive
Director
may
be
assisted
by
one
or
consideration by the Administrative Board. The
more Heads of Department. If the Executive Director is
report shall include a dedicated section concerning
absent or indisposed, one of the Heads of Department
the financial execution of the detailed plan for the
shall take his/her place.
Agency’s pollution preparedness and response
activities and give an update of the status of all
actions funded under that plan. He/she shall
4. The
Heads
of
Department
shall
be
appointed
on
establish regular evaluation procedures that meet
grounds of merit and documented administrative and
recognised professional standards;’;
managerial skills, as well as professional competence and
experience in the fields referred to in Article 1. The Heads
(c) in paragraph 2, point (g) is deleted;
of Department shall be appointed or dismissed by the
Executive Director after having received a positive
(d) paragraph 3 is replaced by the following:
opinion of the Administrative Board.’;
‘3. The
Executive
Director
shall,
as
appropriate, (9) Article 18 is amended as follows:
report to the European Parliament and the Council
on the carrying out of his/her tasks.
(a) in paragraph 1, point (c) is replaced by the following:
In particular, he/she shall present the state of play with
regard to the preparation of the multiannual strategy
‘(c) fees and charges for publications, training and/or
and the annual work programme.’;
any other services provided by the Agency.’;

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(b) paragraph 3 is replaced by the following:
Regulation. The Commission shall make available to the
Agency any information the latter considers relevant to
‘3. The
Executive
Director
shall
draw
up
a
draft
that evaluation.
statement of estimates of the Agency’s revenue and
expenditure for the following year, on the basis of
2. The
evaluation
shall
assess
the
impact
of
this
Regu
activity-based budgeting, and shall forward it to the
lation as well as the utility, relevance, achieved added value
Administrative Board, together with a draft estab
and effectiveness of the Agency and its working practices.
lishment plan.’;
The evaluation shall take into account the views of stake
holders, at both European and national level. It shall, in
particular, address the possible need to modify the
(c) paragraphs 7 and 8 are replaced by the following:
Agency’s tasks. The Administrative Board shall issue
specific terms of reference in agreement with the
‘7. The
statement
of
estimates
shall
be
forwarded
by
Commission, following consultations with the parties
the Commission to the European Parliament and the
involved.
Council (the “budgetary authority”) together with the
draft general budget of the European Union.
3. The
Administrative
Board
shall
receive
the
evaluation
and issue recommendations regarding changes to this
8. On
the
basis
of
the
statement
of
estimates,
the
Regulation, the Agency and its working practices to the
Commission shall enter in the draft general budget of
Commission. Both the evaluation findings and recommen
the European Union the estimates it deems necessary
dations shall be forwarded by the Commission to the
for the establishment plan and the amount of the
European Parliament and to the Council and shall be
subsidy to be charged to the general budget, which
made public. An action plan with a timetable shall be
it shall place before the budgetary authority in
included, if appropriate.’;
accordance with Article 314 TFEU, together with a
description of and justification for any difference
(11) the following Article is inserted:
between the Agency’s statement of estimates and the
subsidy to be charged to the general budget.’;
‘Article 22a
Progress report
(d) paragraph 10 is replaced by the following:
By 2 March 2018, and taking into account the evaluation
‘10. The
budget
shall
be
adopted
by
the
Adminis
report referred to in Article 22, the Commission shall
trative Board. It shall become final following final
submit a report to the European Parliament and the
adoption of the general budget of the European
Council setting out how the Agency has undertaken the
Union. Where appropriate, it shall be adjusted accord
additional responsibilities assigned by this Regulation with
ingly, together with the annual work programme.’;
a view to identifying further efficiency gains and, if
necessary, the case for modifying its objectives and tasks.’;
(10) Article 22 is replaced by the following:
(12) Article 23 is deleted.
‘Article 22
Article 2
Evaluation
Entry into force
1. At
regular
intervals
and
at
least
every
five
years,
the This Regulation shall enter into force on the twentieth day
Administrative Board shall commission an independent
following that of its publication in the Official Journal of the
external evaluation on the implementation of this
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 15 January 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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