The Commission presents a report on the implementation of Regulation 2038/2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships for the period 1 January to 2007 31 December 2009.

Tasks of the Agency : the tasks of the Agency cover both accidental and illegal discharges. Initially, they were focused on oil pollution. However, since 2007 the Agency has also been active in the field of maritime pollution caused by hazardous and noxious substances (e.g. chemicals). The three main tasks of the Agency are operational assistance to Member States, cooperation and coordination with Member States and the International Maritime Organisation (IMO), and the collection, analysis and dissemination of information on best practices, in the field of marine pollution preparedness and response.

Budget: the total envelope allocated to the Agency to finance the above actions during the period from 1 January 2007 until 31 December 2013 amounts to EUR154 million euros. Of this amount, around EUR 60 million (i.e. almost 40 %) were committed during the first three years. This corresponds to a proportionate use of the funds available. Between 1 January 2007 and 31 December 2009, about 98 % of the commitments were dedicated to financing operational assistance, predominantly the network of stand-by oil spill response vessels. The remaining 2 % were dedicated to cooperation and information. Payments amount to around EUR 48 million The fact that payments are below commitments can be explained by a number of factors. Payments under multi-annual contracts may be spread over a number of years, sometimes beyond the reference period. Besides, delays in relation to new contracts for stand-by vessels or unsatisfactory services by satellite image providers have also resulted in lower payments.

Adequacy of financial framework: the envelope allocated to the Agency is adequate. It has allowed the Agency to have in place in 2009 a network of 13 fully equipped stand-by oil spill response vessels which can be mobilised simultaneously and which are covering most of the EU coastline5. It has also allowed the Agency to develop the CleanSeaNet system offering an oil spill monitoring service by satellite to 24 European coastal States (including Croatia and Norway) while only 12 of these coastal States had previous experience in this field. Feedback from stakeholders is also positive on the coordination and information actions provided for by the Agency under the framework. The fact that the financial framework is multiannual is essential to allow the conclusion of multiannual contracts with the industry. Such contracts are needed both in relation to stand-by oil spill response vessels and for organising CleanSeaNet. The adequacy of the financial framework is confirmed in the longer term by the fact that the Agency foresees the commitment of up to 97% of the overall financial envelope by the end of 2013.

Efficiency and added value : the report states that the measures financed so far under the framework are cost efficient and provide added value. Oil spill response vessels have not been acquired by the Agency, as this would not have been cost efficient considering their frequency of use. Instead, vessels are contracted from commercial operators through a system ensuring that they are both adequately fitted and available upon request. Figures show that choosing this system instead of buying vessels has reduced costs by around 60% per year even though providing 60% more storage. The "transferable call option" on the equipment allowing passing it on to another ship is essential as it minimises investment losses in case of change of contractor.

The primary responsibility to respond to an incident remains with national authorities whose investments vary considerably. However, spill scenarios drawn up by the Agency, essentially based on major incidents having occurred in the past (e.g. the Erika and the Prestige), clearly show that the Member State affected would have benefited from substantial savings, should the network of vessels have been in place at the time. Organising the oil spill detection and monitoring system at EU level is also less costly (by around 20 %) and more efficient than doing it at national level. Indeed, on average, one image acquired covers the needs of nearly two coastal States. The rigorous quality control system put in place by the Agency also ensures that payments are only made when contractual specifications are fully met.

Scope for improvement outside the financial framework : the Commission notes that a number of improvements, outside the financial framework, remain possible:

the ratification by all Member States of the relevant international conventions is essential to create a common minimum level of preparedness and response. It is therefore regrettable that the International Convention on Oil pollution Preparedness, Response and Cooperation, 1990 and the Protocol to the Convention on pollution incidents by Hazardous and Noxious Substances of 2000 have not yet been ratified by all Member States. Similarly, the conventions setting up the international compensation regime for the victims of spills resulting from accidents involving tankers (CLC 92, Fund 92, and Supplementary Fund 2003) have not yet been ratified by all Member States; the availability of discharging facilities for oil recovered at sea seems to be a common problem across Europe. The "lightering clause" inserted by the Agency in vessels contracts (i.e. the provision according to which the contractor may be requested to find a suitable lightering vessel), contributes to addressing the issue but cannot replace appropriate solutions at national level; the follow-up of potential oil spills detected by the CleanSeaNet service could be improved in some Member States. While the Agency is in charge of delivering the oil spill detection and monitoring service, it is up to the national authorities to confirm a possible spill and undertake appropriate follow-up against the polluter. The overall rate of confirmation (27%) hides strong regional imbalances based on national verification capabilities in particular by aerial surveillance. This bears the risk that unscrupulous ship operators might carry out illegal discharges in regions where the follow-up is less stringent.

In conclusion , the budget dedicated to oil pollution response by the European Maritime Safety Agency is adequate and the measures financed so far under the framework are cost efficient and provide added value. In October 2010, the Commission proposed an amendment to the Regulation establishing the EMSA in which it is provided that a Member State that is affected may request EMSA's assistance also in the case of marine pollution caused by oil and gas installations. However, the Commission does not consider necessary to propose a modification to the multiannual financial framework in Regulation 2038/2006. The Commission will use the Agency's contribution to this report in the context of the preparation of the next financial programming.

COM(2011)0286
EUR-Lex

Corrigendum to Regulation (EC) No 1891/2006 of the European Parliament and of the Council of 18 December 2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002 (Official Journal of the European Union L 394 of 30 December 2006) In the contents and in the title, on page 1: for: ' 1891/2006', read: ‘2038/2006'.

Regulation 2006/2038
OJ L 394 30.12.2006, p. 0001
Corrigendum to final act 32006R2038R(01)
OJ L 030 03.02.2007, p. 0011
Corrigendum to final act 32006R2038R(02)
OJ L 030 03.02.2007, p. 0012

03631/2/2006

SP(2006)4772

Results of vote in Parliament

The European Parliament adopted a report by Luis de GRANDES PASCUAL (EPP-ED, ES) and made some amendments to the proposal:

- a new recital states that the activities of the Agency in this field should not relieve coastal states of their responsibility to have appropriate pollution response mechanisms in place and should respect existing co-operation arrangements between Member States or groups of Member States in this field. In the event of a maritime pollution incident, the Agency should assist the Member State(s) affected, under the authority of which the clean-up operations will be conducted.

- In accordance with the Action Plan, the Agency is to play an active role in developing a centralised satellite imagery service for surveillance, the early detection of pollution and identification of the ships responsible. This new system will improve the availability of data and the effectiveness of the response to pollution caused by ships.

- New definitions were adopted by Parliament. "Oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products as established by the OPRC 1990 (International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990). In addition, Parliament adopted a definition on "hazardous and noxious substances".

- The Agency should pay particular attention to those areas identified as most vulnerable without prejudice to any other area in need.

- A new article states that in order to define the requirements for operational assistance, such as additional anti-pollution vessels, provided by the Agency to the Member States, it is important that the Agency draw up on a regular basis a list of the private and State pollution response mechanisms and response capacity available in the various regions of the Union.

- The Commission and the Agency, within their respective duties, shall ensure that best value for money is achieved in the financing of Community actions under this Regulation.

- The Commission should carry out a mid-term evaluation of the regulation. On the basis of this report the Commission, if appropriate, shall propose relevant changes to this Regulation to take account of scientific progress in the field of combating pollution from ships, including that caused by oil or hazardous and noxious substances.

T6-0332/2006

Debate in Parliament

A6-0184/2006

A6-0184/2006

The committee adopted the report by Luis de GRANDES PASCUAL (EPP-ED, ES) amending – under the 1st reading of the codecision procedure - the proposed regulation on multiannual funding for the action of the European Maritime Safety Agency (EMSA) in the field of response to pollution caused by ships. MEPs adopted the following amendments aimed at reaching an agreement with the Council and the Commission at 1st reading so that the legislation could come into force without delay:

- it should be stipulated in a new recital that bilateral and regional agreements concluded between coastal states, such as the Helsinki and Barcelona Conventions, provide for mutual assistance in the event of a maritime pollution incident;

- the activities of the EMSA in the field of ship pollution response should not relieve coastal states of their responsibility to have appropriate pollution response mechanisms in place and should respect existing cooperation arrangements between Member States. In the event of a maritime pollution incident, “the Agency should assist the Member State(s) affected, under the authority of which the clean-up operations will be conducted”;

- to ensure greater transparency as regards the management of the resources allocated to the EMSA, Parliament should be informed annually of the financial implementation of the detailed plan for the Agency’s pollution preparedness and response activities;

- the Commission should carry out a mid-term evaluation of the regulation.

The committee also tabled other amendments making it clear that the Agency’s role was to provide additional means and not to replace actions by the Member States. Such assistance should include a centralised satellite imagery service for surveillance and the early detection of pollution. MEPs also introduced a new article providing for close monitoring of the commercial and state response capacity in the Member States so that the requirements for additional operational assistance in the various regions of the EU could be defined. Lastly, they wanted the Commission to be able, on the basis of the proposed mid-term evaluation report, to propose amendments to the regulation to take account of scientific progress in the field of combating pollution from ships, particularly with regard to liquid noxious substances.

PE371.909

PE365.015

PE364.754

2695

CES1244/2005
OJ C 028 03.02.2006, p. 0016-0018

PURPOSE : to propose a financial package to the European Maritime Safety Agency with a view to combating pollution caused by ships.

PROPOSED ACT : Regulation of the European Parliament and of the Council.

CONTENT : In 2004, EU legislation gave the European Maritime Safety Agency a mandate to combat pollution caused by ships. Carrying out these tasks calls for substantial funding which the Agency must be given on a multiannual basis in order to guarantee its financial security and to make it effective.

Consequently, the Commission is proposing a financial package of EUR 154 million over a period of seven years for the European Maritime Safety Agency to allow it to combat pollution caused by ships. The EU funding for the Agency should cover the period corresponding to that of the new financial perspective (2007-2013). The funds are intended to strengthen the capability of the Member States to respond to pollution caused by oil and other substances using specialised anti-pollution vessels. Member States affected by oil slicks with which they cannot deal themselves will be able to call on the Agency to increase their capability for dealing with pollution by using additional resources for the recovery of oil at sea. This system of “reserve vessels” which the Agency will place at the disposal of Member States affected will have equipment for recovering pollutants from the sea.

These resources will also help in the development of satellite imaging to enable pollution to be detected in good time and will underpin efforts by the Member States to prevent illegal discharges and accidental spillages of oil.

FINANCIAL IMPLICATIONS :

- Budget line : 06020203: European Maritime Safety Agency- Anti-pollution measures.

- Total financial reference amount : EUR 154 million for the period 2007-2013.

- Operational objective 1: operational assistance:

- action 1: Baltic Sea : EUR 33 million;

- action 2: Mediterranean Sea: EUR 38 million;

- action 3: Atlantic Coast: EUR 51 million;

- action 4: Black Sea: EUR 13,5 million;

- action 5: Satellite Imagery: EUR 7 million.

- Operational objectives 2: Information, cooperation and coordination: EUR 11 million.

As regards the operational assistance, it should be noted that the fig ures used for estimating the budget of the multiannual programme for oil pollution response are based on the activities deployed in 2005 and 2006. Although the multiannual programme is due to begin as of 2007, the activities for 2005 and 2006 are directly relevant because contracts will still be valid and will need to be renewed during the period covered by the multiannual programme.

COM(2005)0210
EUR-Lex

PURPOSE : to propose a financial package to the European Maritime Safety Agency with a view to combating pollution caused by ships.

PROPOSED ACT : Regulation of the European Parliament and of the Council.

CONTENT : In 2004, EU legislation gave the European Maritime Safety Agency a mandate to combat pollution caused by ships. Carrying out these tasks calls for substantial funding which the Agency must be given on a multiannual basis in order to guarantee its financial security and to make it effective.

Consequently, the Commission is proposing a financial package of EUR 154 million over a period of seven years for the European Maritime Safety Agency to allow it to combat pollution caused by ships. The EU funding for the Agency should cover the period corresponding to that of the new financial perspective (2007-2013). The funds are intended to strengthen the capability of the Member States to respond to pollution caused by oil and other substances using specialised anti-pollution vessels. Member States affected by oil slicks with which they cannot deal themselves will be able to call on the Agency to increase their capability for dealing with pollution by using additional resources for the recovery of oil at sea. This system of “reserve vessels” which the Agency will place at the disposal of Member States affected will have equipment for recovering pollutants from the sea.

These resources will also help in the development of satellite imaging to enable pollution to be detected in good time and will underpin efforts by the Member States to prevent illegal discharges and accidental spillages of oil.

FINANCIAL IMPLICATIONS :

- Budget line : 06020203: European Maritime Safety Agency- Anti-pollution measures.

- Total financial reference amount : EUR 154 million for the period 2007-2013.

- Operational objective 1: operational assistance:

- action 1: Baltic Sea : EUR 33 million;

- action 2: Mediterranean Sea: EUR 38 million;

- action 3: Atlantic Coast: EUR 51 million;

- action 4: Black Sea: EUR 13,5 million;

- action 5: Satellite Imagery: EUR 7 million.

- Operational objectives 2: Information, cooperation and coordination: EUR 11 million.

As regards the operational assistance, it should be noted that the fig ures used for estimating the budget of the multiannual programme for oil pollution response are based on the activities deployed in 2005 and 2006. Although the multiannual programme is due to begin as of 2007, the activities for 2005 and 2006 are directly relevant because contracts will still be valid and will need to be renewed during the period covered by the multiannual programme.

COM(2005)0210
EUR-Lex