EUR-Lex - 32002R0743 - EN Avis juridique important | 32002R0743 Council Regulation (EC) No 743/2002 of 25 April 2002 establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters Official Journal L 115 , 01/05/2002 P. 0001 - 0005 Council Regulation (EC) No 743/2002of 25 April 2002establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil mattersTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is assured. To that end, the Community must adopt, among others, measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market.(2) On 3 December 1998, the Council adopted an action plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice (hereinafter the "Vienna action plan")(4).(3) The European Council meeting in Tampere on 15 and 16 October 1999 adopted the conclusions entitled "Towards a union of freedom, security and justice: the Tampere milestones".(4) On 30 November 2000, the Council adopted a joint programme of the Commission and the Council of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters(5).(5) Joint Action 96/636/JHA(6) established, for the period 1996 to 2000, a programme of incentives and exchanges for legal practitioners (Grotius).(6) By Regulation (EC) No 290/2001(7), the programme of incentives and exchanges for legal practitioners in the area of civil law (Grotius civil) was extended for a one-year transition period only, pending the outcome of a thorough analysis of how Community actions and support should be focused in the future.(7) Decision No 1496/98/EC of the European Parliament and of the Council(8) established an action programme to improve awareness of Community law within the legal professions (Robert Schuman project) for a period of three years.(8) A flexible and effective general Community framework for activities in the area of civil law is necessary if the ambitious objectives set by the Treaty, the Vienna action plan and the Tampere conclusions are to be realised.(9) The general Community framework for activities should provide for initiatives taken by the Commission, in compliance with the principle of subsidiarity, for actions in support of organisations promoting and facilitating judicial cooperation in civil matters, and for actions in support of specific projects.(10) A number of actions will be required for the further development of judicial cooperation in civil matters and should therefore be undertaken in the framework of a Community programme for activities. The planning and implementation of those actions will benefit from being grouped together in a general Community framework for activities.(11) The Commission's actions could include specific actions, such as studies, research, seminars, conferences, experts' meetings, publications, manuals, databases and/or websites, as well as measures to disseminate the results of projects co-financed under the general Community framework for activities.(12) A general Community framework for activities to improve mutual understanding of the legal and judicial systems of the Member States will contribute to lowering the barriers to judicial cooperation in civil matters, which will improve the functioning of the internal market.(13) Measures to ensure good use is made of Community instruments in the area of judicial cooperation in civil matters are necessary; they will be more effective if they are coordinated within a general Community framework for activities.(14) Since the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the European dimension necessary for achieving its objectives, the expected economies of scale and the cumulative effects of the actions envisaged, be better achieved by the Community, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.(15) The participation in this general Community framework for activities of the candidate countries for accession to the European Union will provide a useful preparation for accession, in particular as regards these countries' ability to apply the Community acquis.(16) Certain principles must be laid down concerning the sanctions to be imposed where irregularities are noted or where obligations under grant agreements between the Commission and beneficiaries are not respected.(17) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9).(18) The annual work programme shall be adopted by the management committee procedure in order to ensure a measure of institutional balance, taking account in particular of the fact that the specific actions provided for in Article 3(1) are to be taken by the Commission.(19) The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, have given notice of their wish to participate in the adoption and implementation of this Regulation.(20) Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, is not participating in the adoption of this Regulation, which is not binding on Denmark nor applicable to it,HAS ADOPTED THIS REGULATION:CHAPTER IOBJECTIVES AND ACTIVITIESArticle 1Subject matter1. This Regulation establishes, for the period from 1 January 2002 to 31 December 2006, a general Community framework for activities to facilitate the implementation of judicial cooperation in civil matters (hereinafter referred to as the "general framework").2. This Regulation shall not apply to Denmark.Article 2ObjectivesThe general framework for activities shall have the following objectives:1. to promote judicial cooperation in civil matters, aiming in particular at:(a) ensuring legal certainty and improving access to justice;(b) promoting mutual recognition of judicial decisions and judgments;(c) promoting the necessary approximation of legislation; or(d) eliminating obstacles created by disparities in civil law and civil procedures;2. to improve mutual knowledge of Member States' legal and judicial systems in civil matters;3. to ensure the sound implementation and application of Community instruments in the area of judicial cooperation in civil matters; and4. to improve information to the public on access to justice, judicial cooperation and the legal systems of the Member States in civil matters.Article 3Types of activitiesActivities given financial support or carried out under this general framework for activities shall meet at least one of the objectives in Article 2 and shall consist of:1. specific actions taken by the Commission; or2. actions providing financial support for specific projects of Community interest under the conditions set out in Article 5; or3. actions providing financial support for the activities of non-governmental organisations under the conditions set out in Article 6.Article 4Participation of third countriesThis general framework for activities shall be open to the participation of:1. the candidate countries of central and eastern Europe (CEECs), in accordance with the conditions established in the Europe Agreements, in the additional protocols thereto and in the decisions of the respective Association Councils;2. Cyprus, Malta and Turkey, on the basis of bilateral agreements to be concluded with these countries; and3. other countries, when agreements and procedures so allow.Article 5Specific projects1. The specific projects referred to in Article 3(2) shall consist of one or more of the following:(a) training;(b) exchanges and work experience placements;(c) studies and research;(d) meetings and seminars;(e) dissemination of information.2. Projects may be submitted by institutions and public or private organisations, including professional organisations, research institutes and legal and judicial training/further training institutes for legal practitioners."Legal practitioners" means, inter alia, judges, prosecutors, advocates, solicitors, academic and scientific personnel, ministry officials, court officers, bailiffs, court interpreters and other professionals associated with the judiciary in the area of civil law.3. To be eligible for co-financing, the projects must involve at least three countries participating in this general framework for activities.Projects may also associate practitioners from Denmark, from the candidate countries where this would contribute to their preparation for accession, or from other third countries not participating in this framework for activities where this serves the aims of the projects.Article 6Activities of non-governmental organisationsFinancial support for the actions referred to in Article 3(3) may be granted to support activities included in the annual activity programmes of non-governmental organisations which meet the following criteria:1. they must be non-profit-making organisations;2. they must be constituted in accordance with the law of one of the Member States;3. they must pursue activities with a European dimension and involve, as a general rule, at least half of the Member States;4. the aims of their activities must include one or more of the objectives laid down in Article 2.CHAPTER IIFINANCING, IMPLEMENTATION AND PROCEDURESArticle 7Financing1. The co-financing of activities under this general framework shall be exclusive of any other financing by another programme financed by the general budget of the European Union.2. The actions referred to in Article 3(1), on the one hand, and Article 3(2) and (3), on the other hand, shall receive an equitable share of the annual amount.3. The proportion of financial support from the general budget of the European Union may not, in principle, exceed 60 % of the costs for actions referred to in Article 3(2) or (3). However, under exceptional circumstances, financial support may amount to 80 %.Article 8Implementation1. The Commission shall publish each year, if possible before 30 June, an annual work programme:(a) setting out the priorities in terms of objectives and types of activities for the following year;(b) giving a description of the actions referred to in Article 3(1), which the Commission intends to take; and(c) including a description of the selection and award criteria and the procedures for submission and approval of proposals for actions referred to in Article 3(2) and (3).2. The Commission shall adopt the annual work programme in accordance with the procedure referred to in Article 13(2).3. The Commission shall pay particular attention to the following criteria when evaluating and selecting proposals:(a) ability to contribute to the objectives in Article 2;(b) problem-solving orientation;(c) European dimension;(d) measures planned to ensure dissemination of results;(e) complementarity with other past, present or future activities; and(f) size of the action, in particular in terms of economies of scale and cost-effectiveness.4. The Commission shall examine each of the draft actions submitted to it, as referred to in Article 3(2) and (3). Decisions relating to these actions shall be adopted in accordance with the procedure referred to in Article 12(2).Article 9Financing decisions1. The Commission's financing decisions under Article 3(2) and (3) shall be followed by grant agreements between the Commission and the beneficiaries.2. The financing decisions and grant agreements arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.Article 10Monitoring1. The Commission shall ensure the regular monitoring and supervision of the implementation of the actions financed by the Community. Monitoring and supervision shall be done on the basis of reports using procedures agreed between the Commission and the beneficiary. These may include checks in situ by means of sampling.2. Beneficiaries shall submit a report to the Commission for each action within three months of its completion. The Commission shall determine the form of this report, including the type of information that must be included in it.3. Beneficiaries of financial support shall keep at the Commission's disposal all the documentary evidence of expenditure for a period of five years from the last payment concerning an action.Article 11Dissemination of information1. The Commission shall ensure the yearly publication of a list of the beneficiaries and of the activities financed under this general framework, including an indication of the amount of the support.2. Where projects financed under Article 3(2) do not provide for dissemination of results and where this would contribute to one of the objectives in Article 2, measures may be taken by the Commission.3. At the beginning of each year, the Commission shall provide the Article 12 Committee with information on the activities undertaken under Article 3(1) in the previous year.Article 12Committee1. The Commission shall be assisted by a Committee (the "Article 12 Committee").2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.3. The Committee shall adopt its rules of procedure.Article 13Management Committee1. The Commission shall be assisted by a Committee (the "Article 13 Committee").2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 14Sanctions1. Sanctions shall be regulated in grant agreements in accordance with this Regulation.2. The Commission may terminate a grant agreement concluded under the general framework if it detects irregularities, or if obligations under the grant agreement are not met.If irregularities are detected or if obligations under a grant agreement are not met, the Commission may suspend payment of the balance of the financial support. The Commission shall ask the beneficiary to explain or rectify the situation within a reasonable period set by the Commission.If the reply is not satisfactory or if the situation is not rectified, the Commission may terminate the grant agreement and ask for the sums already disbursed to be refunded, with payment of default interest.3. If some of the obligations under the agreement are not met, the Commission may reduce the balance of financial support and ask for part of any sum already disbursed to be refunded, with payment of default interest.Article 15Reporting and evaluation1. The Commission shall report to the European Parliament and to the Council by 30 June 2004 at the latest on the implementation of this general framework, including the results of the control, the reports and the monitoring of the activities.2. The Commission shall submit to the European Parliament and the Council an evaluation report on this general framework to be available in time for a possible renewal of the general framework or by 31 December 2005 at the latest. This report will include an evaluation of cost-effectiveness and an assessment, based on performance indicators, of whether the objectives have been achieved.Article 16Entry into forceThis Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in the Member States, in accordance with the Treaty establishing the European Community.Done at Luxembourg, 25 April 2002.For the CouncilThe PresidentM. Rajoy Brey(1) OJ C 213E, 31.7.2001, p. 271.(2) Opinion delivered on 12 March 2002 (not yet published in the Official Journal).(3) OJ C 36, 8.2.2002, p. 77.(4) OJ C 19, 23.1.1999, p. 1.(5) OJ C 12, 15.1.2001, p. 1.(6) OJ L 287, 8.11.1996, p. 3.(7) OJ L 43, 14.2.2001, p. 1.(8) OJ L 196, 14.7.1998, p. 24.(9) OJ L 184, 17.7.1999, p. 23.

Summary: Facilitating judicial cooperation in civil matters Facilitating judicial cooperation in civil matters This regulation establishes a general framework for Community activities to facilitate judicial cooperation in civil matters. Such activities include actions in support of organisations promoting and facilitating judicial cooperation in civil matters and actions in support of specific projects. ACT Council Regulation (EC) No 743/2002 of 25 April 2002 establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters. SUMMARY This regulation aims to establish a general framework for Community activities for the period from 1 January 2002 to 31 December 2006 to facilitate judicial cooperation in civil matters. The European Commission put forward a proposal on 6 April 2005 to establish for the period 2007-13 the specific “Civil justice” programme as part of the general “Fundamental Rights and Justice” programme (see “related acts”). This regulation is not applicable in Denmark. The United Kingdom and Ireland, on the other hand, expressed their wish to participate in the adoption and application of this regulation (in accordance with the Protocols on the position of the United Kingdom and Ireland annexed to the EU and EC Treaties). Providing grants, working towards the programme’s objectives The programme’s objectives are to: promote judicial cooperation in civil matters with a view to ensuring legal certainty and improving access to justice; improve mutual knowledge of legal and judicial systems between European Union (EU) countries; ensure the sound implementation and application of Community instruments in the area of judicial cooperation in civil matters; improve information to the public on access to justice, judicial cooperation and the legal systems of EU countries. As regards the activities supported, the general framework is to provide: grants for co-financed projects that meet at least one of the objectives; grants to cover the running costs of European non-governmental organisations; funding for actions set up by the Commission of its own motion. Providing grants for private and public institutions This regulation provides for grants for the activities of non-governmental organisations and for specific projects submitted by institutions and public or private organisations. Non-governmental organisations may be granted financial support if they meet specified criteria: they must be non-profit-making organisations, established under the law of one of the EU countries; they must pursue activities with a European dimension, involving, as a general rule, at least half of the EU countries; they must pursue activities with a view to promoting judicial cooperation in civil matters. Specific projects may be submitted by institutions and public or private organisations, including professional organisations, research institutes, etc. They must consist of training, exchanges and work experience placements, studies and research, meetings and seminars or dissemination of information. Article 4 of the regulation provides for this general framework to be opened up to include the participation of the candidate countries of central and eastern Europe, Cyprus, Malta and Turkey, and other countries, subject to various conditions and if the relevant agreements and procedures permit. This article is no longer applicable to the ten new EU countries that joined the Union on 1 May 2004. Ensuring implementation of the Community activity framework To ensure implementation of the framework for activities, the Commission, if possible before 30 June each year, is to publish an annual work programme setting out the priorities in terms of objectives and types of activities for the following year. The Commission is responsible for the evaluation and selection of projects, having regard to a series of priority criteria (the European dimension, ability to contribute to the objectives set, complementarity with other activities, etc.). All financing decisions are subject to financial control by the Commission and to audits by the Court of Auditors. The proportion of financial support from the general budget of the EU should in principle not exceed 60% of the total cost of the actions undertaken. However, under exceptional circumstances, financial support may amount to 80%. The Commission is to ensure the yearly publication of a list of recipients and actions financed to ensure transparency. Recipients are to report to the Commission on each action. The Commission may reduce, suspend or recover financial support granted for an activity if it detects irregularities. References Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 743/2002 1.5.2002 - OJ L 115 of 1.5.2002 RELATED ACTS Decision No 1149/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme “Civil Justice” as part of the General Programme “Fundamental Rights and Justice” [Official Journal L 257 of 3.10.2007]. Report from the Commission to the European Parliament and the Council of 9 February 2005 on the implementation of the framework programme for judicial cooperation in civil matters (2002-2006) [COM(2005) 34 – Not published in the Official Journal]. This report documents the programme’s progress from its adoption in 2002 to 30 June 2004. The Commission’s actions, which aimed to inform legal practitioners and the general public of progress made in the field of cooperation in civil matters (e.g. the European Judicial Atlas in Civil Matters, the case-law database under the “Brussels I” and “Brussels II” and an information campaign aimed at legal practitioners), have been very well received. However, the 2002, 2003 and 2004 calls for proposals for specific civil-society projects attracted a limited amount of interest, probably owing to the available budget. 51 of the 106 proposals were accepted. Last updated: 18.08.2010


EUR-Lex - 32002R2099 - EN Avis juridique important | 32002R2099 Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships Official Journal L 324 , 29/11/2002 P. 0001 - 0005 Regulation (EC) No 2099/2002 of the European Parliament and of the Councilof 5 November 2002establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from shipsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure referred to in Article 251 of the Treaty(4),Whereas:(1) The measures implementing the existing Regulations and Directives in the field of maritime safety were adopted by a regulatory procedure involving the Committee set up by Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods(5) and, in certain cases, an ad hoc committee. These committees were governed by the rules set out in Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(2) By its Resolution of 8 June 1993 on a common policy on safe seas(7), the Council approved in principle the establishment of a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and called on the Commission to present a proposal to set up such a committee.(3) The role of COSS is to centralise the tasks of the committees set up under the Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions and to assist and advise the Commission on all matters of maritime safety and prevention or reduction of pollution of the environment by shipping activities.(4) In keeping with the Resolution of 8 June 1993, a Committee on Safe Seas and the Prevention of Pollution from Ships should be set up and assigned the tasks previously devolved to the committees established under the aforesaid legislation. All new Community legislation adopted in the field of maritime safety should stipulate recourse to the Committee thereby set up.(5) Decision 87/373/EEC has been replaced by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8), the provisions of which should therefore be applied to COSS. The purpose of the latter decision is to define the Committee procedures applicable and ensure more comprehensive information to the European Parliament and the public on the work of the committees.(6) The measures required to implement the aforesaid legislation should be adopted in accordance with Decision 1999/468/EC.(7) The aforesaid legislation should also be amended to substitute COSS for the Committee set up by Directive 93/75/EEC or, where appropriate, for the ad hoc committee established under any particular act. This Regulation should in particular amend the relevant provisions of Council Regulations (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community(9), (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers(10), (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)(11) and Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94(12), in order to insert a reference to COSS and to stipulate the regulatory procedure laid down in Article 5 of Decision 1999/468/EC.(8) Moreover, the aforesaid legislation is based on the application of rules resulting from international instruments in force at the date of adoption of the Community act in question, or at the date specified by the latter. As a consequence, Member States cannot apply the subsequent amendments to these international instruments until the Community Directives or Regulations have been amended. This has major disadvantages owing to the difficulty of ensuring that the date of entry into force of the amendment at international level coincides with that of the Regulation integrating this amendment into Community law, not least the delayed application within the Community of the most recent and most stringent international safety standards.(9) However, it is necessary to draw a distinction between the provisions of a Community act making reference, for the purposes of their application, to an international instrument and Community provisions reproducing an international instrument in full or in part. In the latter case, the most recent amendments to the international instruments cannot in any case be rendered applicable until the Community provisions concerned have been amended.(10) Member States should therefore be permitted to apply the most recent provisions of international instruments, with the exception of those explicitly incorporated in a Community act. This can be done by stating that the international convention applicable for the purposes of the Directive or Regulation concerned is that "in its up-to-date version", without mentioning the date.(11) For reasons of transparency, the relevant amendments to international instruments that are integrated in Community maritime legislation should be made public in the Community through their publication in the Official Journal of the European Communities.(12) A specific conformity checking procedure should, however, be set up to enable the Commission, after consulting COSS, to take whatever measures may be necessary to exclude the risk of amendments to the international instruments being incompatible with the aforesaid legislation or Community policy on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions in force or with the objectives pursued by that legislation. Such a procedure should also prevent international amendments from lowering the standard of maritime safety achieved in the Community.(13) The conformity checking procedure will only be fully effective if the planned measures are adopted as speedily as possible, but at all events before the expiry of the deadline for the entry into force of the international amendment. Consequently, the time available to the Council to act on the proposed measures in accordance with Article 5(6) of Decision 1999/468/EC should be one month,HAVE ADOPTED THIS REGULATION:Article 1PurposeThe purpose of this Regulation is to improve the implementation of the Community legislation referred to in Article 2(2) on maritime safety, the prevention of pollution from ships and shipboard living and working conditions:(a) by centralising the tasks of the committees set up under Community maritime legislation and replaced by this Regulation by establishing a single Committee on Safe Seas and the Prevention of Pollution from Ships, to be known as COSS;(b) by accelerating the update of, and facilitating subsequent amendments to, Community maritime legislation in the light of developments in the international instruments referred to in Article 2(1).Article 2DefinitionsFor the purposes of this Regulation:1. "international instruments" shall mean the conventions, protocols, resolutions, codes, compendia of rules, circulars, standards and provisions adopted by an international conference, the International Maritime Organisation (IMO), the International Labour Organisation (ILO) or the parties to a memorandum of understanding referred to in the provisions of the Community maritime legislation in force;2. "Community maritime legislation" shall mean the Community acts in force listed below:(a) Council Regulation (EEC) No 613/91;(b) Council Directive 93/75/EEC;(c) Council Regulation (EC) No 2978/94;(d) Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations(13);(e) Council Directive 95/21/EC of 19 June 1995 on port State control(14);(f) Council Regulation (EC) No 3051/95;(g) Council Directive 96/98/EC of 20 December 1996 on marine equipment(15);(h) Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over(16);(i) Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships(17);(j) Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community(18);(k) Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high speed passenger craft services(19);(l) Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues(20);(m) Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers(21);(n) Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers(22);(o) Regulation (EC) No 417/2002 of the European Parliament and of the Council.Article 3Establishment of a Committee1. The Commission shall be assisted by a Committee on Safe Seas and the Prevention of Pollution from Ships (hereinafter called COSS).2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 4Integration of amendments to international instruments in Community lawFor the purposes of Community maritime legislation, the applicable international instruments shall be those which have entered into force, including the most recent amendments thereto, with the exception of the amendments excluded from the scope of the Community maritime legislation resulting from the conformity checking procedure established by Article 5.Article 5Conformity checking procedure1. For the purposes of this Regulation and with a view to reducing the risks of conflict between the Community maritime legislation and international instruments, Member States and the Commission shall cooperate, through coordination meetings and/or any other appropriate means, in order to define, as appropriate, a common position or approach in the competent international fora.2. A conformity checking procedure is hereby established in order to exclude from the scope of the Community maritime legislation any amendment to an international instrument only if, on the basis of an evaluation by the Commission, there is a manifest risk that the international amendment, within the scope of the Regulations or the Directives referred to in Article 2(2), will lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions established by Community maritime legislation, or be incompatible with the latter.The conformity checking procedure may be used solely to make amendments to the Community maritime legislation in the fields expressly covered by the regulatory procedure and strictly within the framework of exercise of implementing powers conferred on the Commission.3. In the circumstances referred to in paragraph 2, the conformity checking procedure shall be initiated by the Commission, which, where appropriate, may act at the request of a Member State.The Commission shall submit to the COSS, without delay, after the adoption of an amendment to an international instrument a proposal for measures with the aim of excluding the amendment in question from the Community text concerned.The conformity checking procedure, including, if applicable, the procedures set up in Article 5(6) of Decision 1999/468/EC, shall be completed at least one month before the expiration of the period established internationally for the tacit acceptance of the amendment concerned or the envisaged date for the entry into force of said amendment.4. In the event of a risk as referred to in the first subparagraph of paragraph 2, Member States shall refrain, during the period of the conformity checking procedure, from any initiative intended to integrate the amendment in national legislation or to apply the amendment to the international instrument concerned.Article 6InformationAll relevant amendments to international instruments that are integrated in Community maritime legislation, in accordance with Articles 4 and 5, shall be published, for information purposes, in the Official Journal of the European Communities.Article 7Powers of COSSCOSS shall exercise the powers conferred on it by virtue of the Community legislation in force. Article 2(2) may be amended by the procedure set out in Article 3(2) in order to include a reference to the Community acts conferring implementing powers on COSS that have entered into force following the adoption of this Regulation.Article 8Amendment to Regulation (EEC) No 613/91Regulation (EEC) No 613/91 is hereby amended as follows:1. Article 1(a) shall be replaced by the following:"(a) 'Conventions' means the 1974 International Convention for the Safety of Life at Sea (1974 Solas), the 1966 International Convention on Load Lines (LL66) and the International Convention for the Prevention of Pollution from Ships (Marpol 73/78), in their up-to-date versions, and related resolutions of mandatory status adopted by the International Maritime Organisation (IMO)."2. Articles 6 and 7 shall be replaced by the following:"Article 61. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(23).2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(24) shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.3. The Committee shall adopt its rules of procedure.Article 7The amendments to the international instruments referred to in Article 1 may be excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002."Article 9Amendment to Regulation (EC) No 2978/94Regulation (EC) No 2978/94 is hereby amended as follows:1. Article 3(g) shall be replaced by the following:"(g) 'Marpol 73/78' means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto, in their up-to-date versions."2. The following paragraph shall be added to Article 6:"The amendments to the international instruments referred to in Article 3 may be excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(25)."3. Article 7 shall be replaced by the following:"Article 71. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002.2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(26) shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure."Article 10Amendment to Regulation (EC) No 3051/95Regulation (EC) No 3051/95 is hereby amended as follows:1. The following subparagraph shall be added to Article 9:"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(27)."2. Article 10 shall be replaced by the following:"Article 101. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002.2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(28) shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.3. The Committee shall adopt its rules of procedure."Article 11Amendment to Regulation (EC) No 417/2002Regulation (EC) No 417/2002 is hereby amended as follows:1. Article 3(1) shall be replaced by the following:"1. 'Marpol 73/78' means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto, in their up-to-date versions."2. In Article 10(1) shall be replaced by the following:"1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of 5 November 2002 of the European Parliament and of the Council establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(29)."3. The following subparagraph shall be added to Article 11:"The amendments to the international instrument referred to in Article 3(1) may be excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002."Article 12Entry into forceThis Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 5 November 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentT. Pedersen(1) OJ C 365 E, 19.12.2000, p. 276.(2) OJ C 139, 11.5.2001, p. 21.(3) OJ C 253, 12.9.2001, p. 1.(4) Opinion of the European Parliament of 13 February 2001 (OJ C 276, 1.10.2001, p. 42), Council Common Position of 27 May 2002 (OJ C 170 E, 16.7.2002, p. 37) and Decision of the European Parliament of 24 September 2002 (not yet published in the Official Journal).(5) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).(6) OJ L 197, 18.7.1987, p. 33.(7) OJ C 271, 7.10.1993, p. 1.(8) OJ L 184, 17.7.1999, p. 23.(9) OJ L 68, 15.3.1991, p. 1.(10) OJ L 319, 12.12.1994, p. 1.(11) OJ L 320, 30.12.1995, p. 14. Regulation as amended by Commission Regulation (EC) No 179/98 (OJ L 19, 24.1.1998, p. 35).(12) OJ L 64, 7.3.2002, p. 1.(13) OJ L 319, 12.12.1994, p. 20. Directive as last amended by European Parliament and Council Directive 2001/105/EC (OJ L 19, 22.1.2002, p. 9).(14) OJ L 157, 7.7.1995, p. 1. Directive as last amended by European Parliament and Council Directive 2001/106/EC (OJ L 19, 22.1.2002, p. 17).(15) OJ L 46, 17.2.1997, p. 25. Directive as last amended by Commission Directive 2002/75/EC (OJ L 254, 23.9.2002, p. 1).(16) OJ L 34, 9.2.1998, p. 1. Directive as amended by Commission Directive 2002/35/EC (OJ L 112, 27.4.2002, p. 21).(17) OJ L 144, 15.5.1998, p. 1. Directive as amended by Commission Directive 2002/25/EC (OJ L 98, 15.4.2002, p. 1).(18) OJ L 188, 2.7.1998, p. 35.(19) OJ L 138, 1.6.1999, p. 1.(20) OJ L 332, 28.12.2000, p. 81.(21) OJ L 136, 18.5.2001, p. 17.(22) OJ L 13, 16.1.2002, p. 9.(23) OJ L 324, 29.11.2002, p. 1.(24) OJ L 184, 17.7.1999, p. 23.(25) OJ L 324, 29.11.2002, p. 1.(26) OJ L 184, 17.7.1999, p. 23.(27) OJ L 324, 29.11.2002, p. 1.(28) OJ L 184, 17.7.1999, p. 23.(29) OJ L 324, 29.11.2002, p. 1.

Summary: Maritime safety: Committee on Safe Seas Maritime safety: Committee on Safe Seas The regulation sets up a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS). It assists and advises the European Commission on the implementation of EU law on maritime safety, pollution prevention and onboard living and working conditions for crew. ACT Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships SUMMARY WHAT DOES THIS REGULATION DO? It sets up the COSS Committee comprising representatives of the EU Member States and chaired by the Commission. Its role is to assist in the timely updating and amending of EU maritime legislation. It centralises the work previously done by a number of committees set up under different EU laws in the field. KEY POINTS Scope The COSS's work deals with wide-ranging aspects covered by EU maritime legislation such as: port reception facilities: (where ships can deposit their waste or residues from their cargo) in order to reduce discharges into the sea and thus prevent marine pollution; marine equipment: safety of products - but also services - supplied for the building, conversion and maintenance of ships (seagoing and inland) and maritime structures, like oil platforms; passenger ships , safety of ferries and cruise ships and onboard living conditions; minimum levels of training of seafarers. International rules Many developments in EU maritime law are driven by changes agreed in international organisations, such as the International Maritime Organisation or the International Labour Organisation. Conformity checking procedure To ensure that there is no conflict between EU maritime law and agreements reached at international level, EU countries and the Commission cooperate and coordinate to define a common EU position. There is a conformity checking procedure which allows the COSS to examine any amendments to a convention or resolution adopted at international level which would have the effect of lowering EU standards. An emergency meeting of the COSS may be called at the initiative of the Commission or at the request of an EU country to examine the amendments involved and to issue an opinion on appropriate EU measures. As a precaution, the Commission can also, where appropriate, ask EU countries to suspend or delay any plans to accept or apply the international amendment concerned. COSS's powers The work of the COSS accelerates and simplifies the incorporation of international rules into EU legislation by allowing amendments to these rules to apply directly, subject to a prior conformity check. Regulation (EU) No 182/2011 lays down the rules and principles concerning the European Commission’s implementing powers (comitology). By means of the COSS, EU countries control the Commission's exercise of the implementing powers delegated to it by the various directives and regulations adopted in the field of EU maritime law. WHEN DOES THE REGULATION APPLY? From 19 December 2002. For further information, see the European Commission's Directorate-General for Mobility and Transport website. REFERENCES Act Date of entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) 2099/2002 19.12.2002 19.12.2002 OJ L 324, 29.11.2002, pp. 1-5 last update 15.03.2015


EUR-Lex - 32002R1406 - EN Avis juridique important | 32002R1406 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (Text with EEA relevance) Official Journal L 208 , 05/08/2002 P. 0001 - 0009 Regulation (EC) No 1406/2002 of the European Parliament and of the Councilof 27 June 2002establishing a European Maritime Safety Agency(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure referred to in Article 251 of the Treaty(4),Whereas:(1) A large number of legislative measures have been adopted in the Community in order to enhance safety and prevent pollution in maritime transport. In order to be effective, such legislation must be applied in a proper and uniform manner throughout the Community. This will ensure a level playing field, reduce the distortion of competition resulting from the economic advantages enjoyed by non-complying ships and will reward the serious maritime players.(2) Certain tasks currently done at Community or national level could be executed by a specialised expert body. Indeed, there is a need for technical and scientific support and a high level of stable expertise to properly apply the Community legislation in the fields of maritime safety and ship pollution prevention, to monitor its implementation and to evaluate the effectiveness of the measures in place. There is a need therefore, within the Community's existing institutional structure and balance of powers, to establish a European Maritime Safety Agency ("the Agency").(3) In general terms, the Agency should represent the technical body providing the Community with the necessary means to act effectively to enhance overall maritime safety and ship pollution prevention rules. The Agency should assist the Commission in the continuous process of updating and developing Community legislation in the field of maritime safety and prevention of pollution by ships and should provide the necessary support to ensure the convergent and effective implementation of such legislation throughout the Community by assisting the Commission in performing the tasks assigned to the latter by existing and future Community legislation on maritime safety and ship pollution prevention.(4) For the proper achievement of the purposes for which the Agency is established, it is appropriate that the Agency carries out a number of other important tasks aimed at enhancing maritime safety and ship pollution prevention in the waters of the Member States. In this respect, the Agency should work with Member States to organise appropriate training activities on port State control and flag State related issues and to provide technical assistance related to the implementation of Community legislation. It should facilitate cooperation between the Member States and the Commission as provided for in Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC(5), namely by developing and operating any information system necessary for the objectives of that Directive, and in the activities concerning the investigations related to serious maritime accidents. It should provide the Commission and the Member States with objective, reliable and comparable information and data on maritime safety and on ship pollution prevention to enable them to take any necessary initiatives to enhance the measures in place and to evaluate their effectiveness. It should place the Community maritime safety know-how at the disposal of the States applying for accession. It should be open to the participation of these States and to other third countries which have concluded agreements with the Community whereby they adopt and implement Community legislation in the field of maritime safety and prevention of pollution by ships.(5) The Agency should favour the establishment of better cooperation between the Member States and should develop and disseminate best practices in the Community. This in turn should contribute to enhancing the overall maritime safety system in the Community as well as reducing the risk of maritime accidents, marine pollution and the loss of human lives at sea.(6) In order properly to carry out the tasks entrusted to the Agency, it is appropriate that its officials carry out visits to the Member States in order to monitor the overall functioning of the Community maritime safety and ship pollution prevention system. The visits should be carried out in accordance with a policy to be established by the Agency's Administrative Board and should be facilitated by the authorities of the Member States.(7) The Agency should apply the relevant Community legislation concerning public access to documents and the protection of individuals with regard to the processing of personal data. It should give the public and any interested party objective, reliable and easily understandable information with regard to its work.(8) For the contractual liability of the Agency, which is governed by the law applicable to the contracts concluded by the Agency, the Court of Justice should have jurisdiction to give judgment pursuant to any arbitration clause contained in the contract. The Court of Justice should also have jurisdiction in disputes relating to compensation for any damage arising from the non-contractual liability of the Agency.(9) In order to effectively ensure the accomplishment of the functions of the Agency, the Member States and the Commission should be represented on an Administrative Board entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Agency, approve its work programme, examine requests for technical assistance from Member States, define a policy for visits to the Member States and appoint the Executive Director. In the light of the highly technical and scientific mission and tasks of the Agency, it is appropriate for the Administrative Board to consist of one representative of each Member State and four representatives of the Commission, being members with a high level of expertise. In order further to ensure the highest level of expertise and experience in the Administrative Board and with a view to involving the sectors most closely concerned in the tasks of the Agency, the Commission should nominate independent professionals from these sectors as board members without the right to vote, on the basis of their personal merit and experience in the field of maritime safety and prevention of pollution by ships and not as representatives of particular professional organisations.(10) The good functioning of the Agency requires that its Executive Director be appointed on the grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for maritime safety and prevention of pollution by ships and that he/she performs his/her duties with complete independence and flexibility as to the organisation of the internal functioning of the Agency. To this end, the Executive Director should prepare and take all necessary steps to ensure the proper accomplishment of the working programme of the Agency, should prepare each year a draft general report to be submitted to the Administrative Board, should draw up estimates of the revenues and expenditure of the Agency and should implement the budget.(11) In order to guarantee the full autonomy and independence of the Agency, it is considered necessary to grant it an autonomous budget whose revenue comes essentially from a contribution from the Community.(12) Over the past years, as more decentralised agencies have been created, the budgetary authority has looked to improve transparency and control over the management of the Community funding allocated to them, in particular concerning the budgetisation of the fees, financial control, power of discharge, pension scheme contributions and the internal budgetary procedure (code of conduct). In a similar way, Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(6) should apply without restriction to the Agency, which should accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF)(7).(13) Within five years from the date of the Agency having taken up its responsibilities, the Administrative Board should commission an independent external evaluation in order to assess the impact of this Regulation, the Agency and its working practices on establishing a high level of maritime safety and prevention of pollution by ships,HAVE ADOPTED THIS REGULATION:CHAPTER IOBJECTIVES AND TASKSArticle 1Objectives1. This Regulation establishes a European Maritime Safety Agency (the Agency) for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships within the Community.2. The Agency shall provide the Member States and the Commission with the technical and scientific assistance needed and with a high level of expertise, in order to help them to apply Community legislation properly in the field of maritime safety and prevention of pollution by ships, to monitor its implementation and to evaluate the effectiveness of the measures in place.Article 2TasksIn order to ensure that the objectives set out in Article 1 are met in the appropriate manner, the Agency shall perform the following tasks:(a) it shall assist the Commission, where appropriate, in the preparatory works for updating and developing Community legislation in the field of maritime safety and prevention of pollution by ships, in particular in line with the development of international legislation in that field. That task shall include the analysis of research projects carried out in the field of maritime safety and prevention of pollution by ships;(b) it shall assist the Commission in the effective implementation of Community legislation on maritime safety and prevention of pollution by ships throughout the Community. In particular, the Agency shall:(i) monitor the overall functioning of the Community port State control regime, which may include visits to the Member States, and suggest to the Commission any possible improvements in that field;(ii) provide the Commission with the technical assistance necessary to take part in the work of the technical bodies of the Paris Memorandum of Understanding on port State control;(iii) assist the Commission in the performance of any task assigned to the Commission by existing and future Community legislation on maritime safety and ship pollution prevention, notably legislation applicable to classification societies, the safety of passenger ships, as well as that applicable to the safety, training, certification and watchkeeping of ships' crews;(c) it shall work with the Member States to:(i) organise, where appropriate, relevant training activities in fields which are the responsibility of the port State and flag State;(ii) develop technical solutions and provide technical assistance related to the implementation of Community legislation;(d) it shall facilitate cooperation between the Member States and the Commission in the field covered by Directive 2002/59/EC. In particular the Agency shall:(i) promote cooperation between riparian States in the shipping areas concerned in the fields covered by that Directive;(ii) develop and operate any information system necessary for attaining the objectives of that Directive;(e) it shall facilitate cooperation between the Member States and the Commission in the development, with due regard to the different legal systems in the Member States, of a common methodology for investigating maritime accidents according to agreed international principles, in the provision of the support of the Member States in activities concerning investigations related to serious maritime accidents, and in the carrying out of an analysis of existing accident investigation reports;(f) it shall provide the Commission and the Member States with objective, reliable and comparable information and data on maritime safety and on pollution by ships to enable them to take the necessary steps to improve maritime safety and prevention of pollution by ships and to evaluate the effectiveness of existing measures. Such tasks shall include the collection, recording and evaluation of technical data in the fields of maritime safety and maritime traffic, as well as in the field of marine pollution, both accidental and deliberate, the systematic exploitation of existing databases, including their cross-fertilisation, and, where appropriate, the development of additional databases. On the basis of the data collected, the Agency shall assist the Commission in the publication, every six months, of information relating to ships that have been refused access to Community ports pursuant to Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)(8). The Agency will also assist the Commission and the Member States in their activities to improve the identification and pursuit of ships making unlawful discharges;(g) in the course of negotiations with States applying for accession the Agency may provide technical assistance as regards the implementation of Community legislation in the field of maritime safety and prevention of pollution by ships. That task shall be coordinated with the existing regional cooperation programmes and shall include, where appropriate, the organisation of relevant training activities.Article 3Visits to Member States1. In order to perform the tasks entrusted to it, the Agency may carry out visits to the Member States in accordance with the policy defined by the Administrative Board. The national authorities of the Member States shall facilitate the work of the Agency's staff.2. The Agency shall inform the Member State concerned of the planned visit, the names of the delegated officials, and the date on which the visit starts. The Agency officials delegated to carry out such visits shall do so on presentation of a decision from the Executive Director of the Agency specifying the purpose and the aims of their mission.3. At the end of each visit, the Agency shall draw up a report and send it to the Commission and to the Member State concerned.Article 4Transparency and protection of information1. The Agency shall apply the principles of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(9), when handling applications for access to documents held by it.2. The Agency may communicate on its own initiative in the fields within its mission. It shall ensure in particular that the public and any interested party are rapidly given objective, reliable and easily understandable information with regard to its work.3. The Administrative Board shall lay down the necessary internal rules for the application of paragraphs 1 and 2.4. The information collected in accordance with this Regulation by the Commission and the Agency shall be subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(10).CHAPTER IIINTERNAL STRUCTURE AND FUNCTIONINGArticle 5Legal status, regional centres1. The Agency shall be a body of the Community. It shall have legal personality.2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.3. At the request of the Commission, the Administrative Board may decide, with the agreement of the Member States concerned, to establish the regional centres necessary in order to carry out tasks related to the monitoring of navigation and maritime traffic, as provided for in Directive 2002/59/EC.4. The Agency shall be represented by its Executive Director.Article 6Staff1. The Staff Regulations of officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the institutions of the European Communities for the purposes of the application of those Staff Regulations and conditions of Employment shall apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, shall adopt the necessary detailed rules of application.2. Without prejudice to Article 16, the powers conferred on the appointing authority by the Staff Regulations and the Conditions of employment of other servants shall be exercised by the Agency in respect of its own staff.3. The Agency's staff shall consist of officials assigned or seconded by the Commission or Member States on a temporary basis and of other servants recruited by the Agency as necessary to carry out its tasks.Article 7Privileges and immunitiesThe Protocol on the Privileges and Immunities of the European Communities shall apply to the Agency and to its staff.Article 8Liability1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question.2. The Court of Justice shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its servants in the performance of their duties.4. The Court of Justice shall have jurisdiction in disputes relating to the compensation for damage referred to in paragraph 3.5. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of employment applicable to them.Article 9Languages1. The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community(11) shall apply to the Agency.2. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union.Article 10Creation and powers of the Administrative Board1. An Administrative Board is hereby set up.2. The Administrative Board shall:(a) appoint the Executive Director pursuant to Article 16;(b) adopt, by 30 April each year, the general report of the Agency for the previous year and forward it to the Member States, the European Parliament, the Council and the Commission;(c) examine, in the framework of the preparation of the work programme, requests from Member States for technical assistance, as referred to in Article 2(c)(ii);(d) adopt, by 31 October each year, and taking the opinion of the Commission into account, the work programme of the Agency for the coming year and forward it to the Member States, the European Parliament, the Council and the Commission;This work programme shall be adopted without prejudice to the annual Community budgetary procedure. In case the Commission expresses, within 15 days from the date of adoption of the work programme its disagreement with the said programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in second reading either with a two-thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States;(e) adopt the final budget of the Agency before the beginning of the financial year, adjusting it, where necessary, according to the Community contribution and any other revenue of the Agency;(f) establish procedures for decision-making by the Executive Director;(g) define a policy for the visits to be carried out pursuant to Article 3;(h) perform its duties in relation to the Agency's budget pursuant to Articles 18, 19 and 21;(i) exercise disciplinary authority over the Executive Director and the heads of unit referred to in Article 15(3);(j) establish its rules of procedure.Article 11Composition of the Administrative Board1. The Administrative Board shall be composed of one representative of each Member State and four representatives of the Commission, as well as of four professionals from the sectors most concerned, nominated by the Commission, without the right to vote.Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety and prevention of pollution by ships.2. Each Member State and the Commission shall appoint their members of the Administrative Board as well as an alternate who will represent the member in his/her absence.3. The duration of the term of office shall be five years. The term of office may be renewed once.4. When appropriate, the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in Article 17(2).Article 12Chairmanship of the Administrative Board1. The Administrative Board shall elect a Chairperson and a Deputy-Chairperson from among its members. The Deputy Chairperson shall automatically take the place of the Chairperson if he/she is prevented from attending to his/her duties.2. The terms of office of the Chairperson and Deputy Chairperson shall be three years and shall expire when they cease to be members of the Administrative Board. The terms of office shall be renewable once.Article 13Meetings1. The meetings of the Administrative Board shall be convened by its Chairperson.2. The Executive Director of the Agency shall take part in the deliberations.3. The Administrative Board shall hold an ordinary meeting twice a year. In addition, it shall meet on the initiative of the Chairperson or at the request of the Commission or of one-third of the Member States.4. When there is a matter of confidentiality or conflict of interest, the Administrative Board may decide to examine specific items of its agenda without the presence of the members nominated in their capacity as professionals from the sectors most concerned. Detailed rules for the application of this provision may be laid down in the rules of procedure.5. The Administrative Board may invite any person whose opinion can be of interest to attend its meetings as an observer.6. The members of the Administrative Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts.7. The secretariat for the Administrative Board shall be provided by the Agency.Article 14Voting1. The Administrative Board shall take its decisions by a two-thirds majority of all members with the right to vote.2. Each member shall have one vote. The Executive Director of the Agency shall not vote.In the absence of a member, his/her alternate shall be entitled to exercise his/her right to vote.3. The rules of procedure shall establish the more detailed voting arrangements, in particular, the conditions for a member to act on behalf of another member.Article 15Duties and powers of the Executive Director1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties, without prejudice to the respective competencies of the Commission and the Administrative Board.2. The Executive Director shall have the following duties and powers:(a) he/she shall prepare the work programme and submit it to the Administrative Board after consultation of the Commission. He/she shall take the necessary steps for its implementation. He/she shall respond to any requests for assistance from the Commission or from a Member State in accordance with Article 10(2)(c);(b) he/she shall decide to carry out the visits provided for in Article 3, after consultation of the Commission and following the policy established by the Administrative Board according to Article 10(2)(g);(c) he/she shall take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with the provisions of this Regulation;(d) he/she shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its operational objectives. On this basis the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. He/she shall establish regular evaluation procedures that meet recognised professional standards;(e) he/she shall exercise, in respect of the staff, the powers laid down in Article 6(2);(f) he/she shall draw up estimates of the Agency's revenue and expenditure, in accordance with Article 18, and shall implement the budget in accordance with Article 19.3. The Executive Director may be assisted by one or more Heads of Unit. If the Executive Director is absent or indisposed, one of the heads of unit shall take his place.Article 16Appointment of the Executive Director1. The Executive Director of the Agency shall be appointed by the Administrative Board on the grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for maritime safety and prevention of pollution by ships. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote. The Commission may propose a candidate or candidates.Power to dismiss the Executive Director shall lie with the Administrative Board, according to the same procedure.2. The term of office of the Executive Director shall be five years. This term of office is renewable once.Article 17Participation of third countries1. The Agency shall be open to the participation of third countries, which have entered into agreements with the European Community, whereby they have adopted and are applying Community law in the field of maritime safety and prevention of pollution by ships.2. Under the relevant provisions of these agreements, arrangements will be developed which shall, inter alia, specify the nature and the extent of the detailed rules for the participation by these countries in the work of the Agency, including provisions on financial contributions and staff.CHAPTER IIIFINANCIAL REQUIREMENTSArticle 18Budget1. The Agency's revenues shall consist of:(a) a contribution from the Community;(b) possible contributions from any third country which participates in the work of the Agency in accordance with Article 17;(c) charges for publications, training and/or any other services provided by the Agency.2. The Agency's expenditure shall cover staff and administrative, infrastructure and operational expenses.3. The Executive Director shall draw up an estimate of the Agency's revenues and expenditure for the following financial year and shall forward it to the Administrative Board together with an establishment plan.4. Revenue and expenditure shall be in balance.5. The Administrative Board shall each year, by 30 April at the latest, adopt the draft budget, accompanied by the preliminary work programme, and forward them to the Commission and to the third countries which participate in the work of the Agency in accordance with Article 17.On the basis of that draft budget, the Commission shall establish the relevant estimates in the preliminary draft general budget of the European Union, which it shall put before the Council pursuant to Article 272 of the Treaty. The scope of the approved budget outlook of the Community for the coming years has to be observed.6. After the adoption of the general budget of the European Union, the Administrative Board shall adopt the Agency's budget and final work programme, adjusting them where necessary to the Community contribution. It shall forward them without delay to the Commission, to the budgetary authority and to the third countries which participate in the work of the Agency.Article 19Implementation and control of the budget1. The Executive Director shall implement the Agency's budget.2. Control of commitment, payment of all expenditure and control of the existence and recovery of all Agency revenue shall be carried out by the Financial Controller of the Commission.3. By 31 March each year at the latest, the Executive Director shall submit to the Commission, the Administrative Board and the Court of Auditors the detailed accounts of all revenue and expenditure from the previous year.The Court of Auditors shall examine these accounts in accordance with Article 248 of the Treaty. They shall publish a report on the Agency's activities each year.4. The European Parliament shall, on a recommendation from the Administrative Board, give a discharge to the Executive Director of the Agency in respect of the implementation of the budget.Article 20Combating fraud1. In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1073/1999 shall apply without restriction to the Agency.2. The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by OLAF and shall issue, without delay, the appropriate provisions applicable to all of its staff.3. The decisions concerning funding and the implementing agreements and instruments resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Agency's funding and the agents responsible for allocating it.Article 21Financial provisionsThe Administrative Board, having received the agreement of the Commission and the opinion of the Court of Auditors, shall adopt the Agency's Financial Regulation. This Financial Regulation shall in particular specify the procedure to be used for drawing up and implementing the Agency's budget, in accordance with Article 142 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(12).CHAPTER IVFINAL PROVISIONSArticle 22Evaluation1. Within five years from the date of the Agency having taken up its responsibilities, the Administrative Board shall commission an independent external evaluation on the implementation of this Regulation. The Commission shall make available to the Agency any information the latter considers relevant to that evaluation.2. The evaluation shall assess the impact of this Regulation, the Agency and its working practices on establishing a high level of maritime safety and prevention of pollution by ships. The Administrative Board shall issue specific terms of reference in agreement with the Commission, following consultations with the parties involved.3. The Administrative Board shall receive the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission. Both the evaluation findings and recommendations shall be forwarded by the Commission to the European Parliament and the Council and shall be made public.Article 23Start of the Agency's activitiesThe Agency shall be operational within twelve months of the entry into force of this Regulation.Article 24Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Luxembourg, 27 June 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentM. Arias Cañete(1) OJ C 120 E, 24.4.2001, p. 83 andOJ C 103 E, 30.4.2002, p. 184.(2) OJ C 221, 7.8.2001, p. 64.(3) OJ C 357, 14.12.2001, p. 1.(4) Opinion of the European Parliament of 14 June 2001 (OJ C 53 E, 28.2.2002, p. 312), Council Common Position of 7 March 2002 (OJ C 119 E, 22.5.2002, p. 27) and Decision of the European Parliament of 12 June 2002 (not yet published in the Official Journal) and Council Decision of 25 June 2002.(5) See page 10 of this Official Journal.(6) OJ L 136, 31.5.1999, p. 1.(7) OJ L 136, 31.5.1999, p. 15.(8) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2001/106/EC of the European Parliament and of the Council (OJ L 19, 22.1.2002, p. 17).(9) OJ L 145, 31.5.2001, p. 43.(10) OJ L 8, 12.1.2001, p. 1.(11) OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 1994 Act of Accession.(12) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regulation (EC, ECSC, Euratom) No 762/2001 (OJ L 111, 20.4.2001, p. 1).

Summary: Maritime safety: European Maritime Safety Agency Maritime safety: European Maritime Safety Agency SUMMARY OF: Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency WHAT IS THE AIM OF THE REGULATION? This regulation sets up the European Maritime Safety Agency (EMSA), which seeks to ensure a high, uniform and effective level of maritime safety and maritime security in the European Union (EU) and is based in Lisbon. EMSA also works to prevent pollution and respond to pollution caused by ships or by oil and gas installations and provides technical assistance and support to the European Commission and EU Member States in developing, applying and evaluating EU law on maritime safety, security and pollution. KEY POINTS EMSA has core and support tasks. Core tasks Assistance in the preparatory work for updating and developing relevant EU laws. Visits and inspections in the Member States to ensure the effective implementation of relevant binding EU legal acts. Training activities and technical assistance for national administrations. Supporting pollution response actions in cases of pollution caused by ships and oil and gas installations (EMSA provides operational assistance only on the request of the affected country). EMSA also operates the European Union Long-Range Identification and Tracking of Ships Data Centre and the EU’s maritime information and exchange system (SafeSeaNet). The agency may also provide operational support concerning investigations where there have been deaths or serious injuries. Support tasks EMSA only assumes these tasks if they create substantial added value, avoid duplication of effort and do not infringe on Member States’ rights and obligations. These tasks relate to environmental matters, the global monitoring for environment and security programme (now Copernicus) and inland waterways. EMSA visits and inspections EMSA visits Member States to assist the Commission and national administrations in: checking whether EU rules are being implemented effectively; ensuring a high and uniform level of safety. The agency carries out inspections with classification societies, as well as in non-EU countries regarding the training and certification of seafarers. Structure EMSA is an EU body and has legal personality. Its staff consists of officials recruited by the agency and EU officials and Member States’ civil servants temporarily assigned or seconded to the agency. It is headed by an executive director who is completely independent in the performance of his/her duties. Its administrative board comprises representatives from the Commission and each Member State, all of whom have a vote. It also includes representatives from Iceland and Norway, and professionals from four maritime sectors, none of whom can vote. Its term of office is 5 years and is renewable once. Relationship between EMSA and the European Border and Coast Guard Regulation (EU) 2016/1624, later replaced and repealed by Regulation (EU) 2019/1896 (see summary), set up a European Border and Coast Guard to ensure the effective implementation of integrated border management at the EU’s external borders, as well as those of the Schengen associate countries (Iceland, Norway and Switzerland). Regulation (EU) 2016/1625 amends Regulation (EC) No 1406/2002 to strengthen the cooperation between the EMSA, the European Border and Coast Guard Agency, the European Fisheries Control Agency (set up under Regulation (EU) 2019/473) and the national authorities carrying out coastguard functions, to increase maritime situational awareness and to support coherent and cost-efficient action. This involves: sharing information available in ship reporting systems and other information systems;providing surveillance and communication services;building capacity and establishing best practices, and training and exchanging staff;sharing information and cooperation on coastguard functions, including by analysing operational challenges and emerging risks in the maritime domain;sharing capacity by planning and implementing multipurpose operations and by sharing assets and other capabilities. FROM WHEN DOES THE REGULATION APPLY? It has applied since 25 August 2002. BACKGROUND Two accidents (the Erika in 1999 and the Prestige in 2002) resulted in serious oil spills in European waters. Both caused severe environmental and economic damage to the French and Spanish coasts. This prompted the creation of EMSA in 2003 to ensure that Europe is prepared for large-scale oil spills. For further information, see: Heads of EMSA and Frontex meet to discuss cooperation on European coast guard functions — newsroom (EMSA). MAIN DOCUMENT Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, pp. 1–9). Successive amendments to Regulation (EC) No 1406/2002 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, pp. 1–131). Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, pp. 18–37). Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, pp. 57–100). See consolidated version. Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, pp. 11–21). See consolidated version. Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, pp. 10–27). See consolidated version. last update 03.11.2021