European Maritime Safety Agency: response to pollution caused by ships and to marine pollution caused by oil and gas installations, multiannual funding 2014-2020

PURPOSE: to ensure funding for the action of the European Maritime Safety Agency in the field of response to marine pollution.

LEGISLATIVE ACT: Regulation (EU) n° 911/2014 of the European Parliament and of the Council on multiannual funding for the action of the European Maritime Safety Agency in the field of response to marine pollution caused by ships and oil and gas installations.

CONTENT: Regulation (EC) No 1406/2002 of the European Parliament and of the Council established a European Maritime Safety Agency (EMSA) for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships.

In 2013, the task of EMSA, previously limited to prevention and response to pollution caused by ships, was extended by Regulation (EU) No 100/2013 to cover response to marine pollution caused by oil and gas installations.

The new Regulation aims to ensure that the Agency has sufficient means to allow it to carry out its assigned tasks.

The activities of the Agency in the field of pollution response shall not relieve coastal States of their responsibility to have appropriate pollution response mechanisms in place.

Scope: the financial contribution of the Union shall be allocated to the Agency with the aim of financing in particular:

·        operational assistance and supporting with additional means, such as stand-by anti-pollution ships, satellite images and equipment, of pollution response actions, upon request by the affected States, in the event of accidental or deliberate marine pollution caused by ships or oil and gas installations;

·        cooperation and coordination and the provision to the Member States and the Commission of technical and scientific assistance in the framework of the relevant activities of the Union Civil Protection Mechanism, the IMO and the relevant regional organisations;

·        information, in particular the gathering, analysis and dissemination of best practices, expertise, techniques and innovations in the field of response to marine pollution caused by ships and oil and gas installations.

Union funding: the financial envelope for the implementation of the tasks assigned to EMSA for the period from 1 January 2014 to 31 December 2020 shall be EUR 160 500 000 expressed in current prices. Annual appropriations shall be determined by the European Parliament and the Council within the limits of the multiannual financial framework.

Monitoring existing capabilities: on the basis of information provided by Member States, the Agency shall maintain a list of the public and, where available, private pollution response mechanisms and associated response capabilities in the various regions of the Union.

In maintaining that list, the Agency shall aim at obtaining information on pollution response mechanisms and associated response capabilities from third countries sharing a regional sea basin with the Union. In this context, the Agency shall pay particular attention to those areas identified as most vulnerable, without prejudice to any other area in need.

Mid-term evaluation: no later than 31 December 2017, the Commission shall submit to a report on the implementation of the Regulation. In that report, the Commission shall present an evaluation of the Agency’s ability to fulfil its responsibilities in an effective and cost-efficient manner. Based on the evaluation and considering the need for the Agency to carry out the tasks assigned to it, the Commission shall, if necessary, propose an appropriate adjustment, by a maximum of 8 %, of the multiannual financial envelope allocated to the Agency for the period 2018-2020.

The Commission may also propose amendments to the Regulation, in particular in order to take account of scientific progress in the field of combating marine pollution caused by ships and oil and gas installations, including with regard to pollution caused by hazardous and noxious substances.

ENTRY INTO FORCE: 29.8.2014.

APPLICATION: the Regulation shall apply retroactively from 1 January 2014 to 31 December 2020.