Explanatory Memorandum to COM(2013)174 - Multiannual funding for the European Maritime Safety Agency in response to pollution caused by ships and to marine pollution caused by oil and gas installations - Main contents
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| dossier | COM(2013)174 - Multiannual funding for the European Maritime Safety Agency in response to pollution caused by ships and to marine pollution ... |
|---|---|
| source | COM(2013)174  |
| date | 03-04-2013 |
The European Maritime Safety Agency ("the Agency" or 'EMSA') established in 2002 was assigned tasks in the field of marine pollution response in 2004. Bearing in mind the long-term nature of the Agency’s responsibility for pollution response, the efficient and thorough completion of the tasks involved requires appropriate financial security on the basis of a multiannual commitment. Therefore, in 2006 the EU legislator established multiannual funding for the Agency's action in the field of response to pollution caused by ships for the period from 2007 to 2013. This legislative proposal seeks to renew the multiannual funding for the period from 2014 to 2020 in the framework of the new financial perspectives.
The large-scale maritime accident of the oil tanker ERIKA in December 1999 involving an extensive oil spill led to the creation of the Agency in 2002. In the light of the oil spill caused by the accident of the oil tanker PRESTIGE in November 2002, the Agency was entrusted with specific tasks and obligations in the field of response to pollution caused by ships. The Agency adopted an Action Plan in October 2004 for oil pollution preparedness and response (hereinafter “the Oil Action Plan”). In June 2007, a second Action Plan for Hazardous and Noxious Substances Pollution Preparedness and Response was adopted (hereinafter 'the HNS Action Plan'). The EMSA Administrative Board updates both Action Plans as part of the Agency’s annual Work Programmes.
In March 2010, the Administrative Board endorsed a 5-year strategy which contains two themes relevant for response to pollution caused by ships. Firstly, theme 8 develops EMSA's role with regard to illegal discharges by ships (enforcement issues, further enhancement of CleanSeaNet by integration of ship position information). Secondly, theme 12 deals with marine pollution preparedness and response.
Finally, the Commission proposed a modification to the EMSA Regulation in October 2010, which, inter alia, foresees an explicit extension of the pollution response activities to cover accidents by offshore oil and gas installations[7]. Furthermore, it is also suggested in this proposal to extend EMSA's assistance to the EU neighbouring countries including the pollution response activities. The European Parliament and the Council reached an agreement on the proposal in April 2012 and the Regulation adopted in January 2013[8] confirms the aforementioned provisions.
In accordance with Regulation 2038/2006 and Directive 2005/35/EC on ship source pollution[9], the three main tasks of the Agency in the field of response to pollution caused by ships are the following:
(a) Operational assistance to Member States
The Agency offers a network of stand-by oil spill response vessels to 'top up' Member States’ response capacity when affected by a spill. It also provides a satellite based oil spill detection and monitoring service called 'CleanSeaNet' and information on chemical spills through the 'MAR-ICE' network. Affected coastal states can request the intervention of oil spill response vessels through the Community Civil Protection Mechanism[10]. Smooth integration with Member State response mechanisms is undertaken through regular participation in national and regional exercises.
(b) Cooperation and coordination
The Agency liaises with pollution response experts of Member States as well as with existing Regional Agreements and the International Maritime Organisation (IMO).
(c) Information
The Agency collects, analyses and disseminates information on best practices, techniques and innovation in the field of marine pollution response.
Summary of deliverables (2007 – September 2012)
Key EMSA marine pollution preparedness and response service and associated deliverables that have been made available using the existing multi-annual funding framework are shown below.
Network of Stand-by Oil Spill Response Vessels:
16 contracts are currently active providing coverage for all the regional sea basins around the European Union. 18 vessels, with an average recovered oil storage capacity of approximately 3500 m3 can be mobilised simultaneously and ready to sail within 24 hrs.| The EMSA vessels have participated in 36 international (cross border) operational exercises since 2007. Participation in exercises facilitates the integration of EMSA services with the response mechanisms of Member States.
Over 12,000 satellite images have been delivered since the service was launched in April 2007, an average of over 2000 images per year.| Over 1,000 million km2 has been monitored.| Around 200 illegal discharges per year are confirmed by Member States following “on the spot” surveillance.
EMSA pollution response services have been used in a total of 25 incidents since 2007. Emergency support to affected coastal states has included: Response vessels, Satellite imagery, MAR-ICE activation, and Onsite expertise.| Emergency support includes 4 mobilisations of response vessels in Europe.| Emergency support includes 1 equipment assistance package to the USA during the Deepwater Horizon incident.
EMSA has hosted 20 expert meetings and workshops. (This is in addition to regular training with Member State duty officers regarding CleanSeaNet and/or meetings with Network vessel operators.)| Published 7 inventories on different aspects of Member States’ preparedness and response policies and capacities.| Managed the civil servant exchange programme “EMPOLLEX”, which has facilitated the exchange of 21 experts between Member States since its inception in June 2008.| Developed one decision response tool for the application of dispersants during an incident. Coordinated specific studies when needed (e.g. Study on discharge facilities, Safe Platform study: development of vessel requirements to operate in dangerous atmospheres)
As explained above, with the entry into force of the amendments to the Founding Regulation in January 2013, EMSA received the following new tasks in the area of pollution response:
a) EMSA's current response actions in case of 'pollution caused by ships' will also cover 'marine pollution caused by oil and gas installations',
b) EMSA's existing CleanSeaNet will also 'monitor the extent and environmental impact of marine oil pollution caused by oil and gas installations',
c) The current geographical coverage (Member States and accession countries) is extended to 'European Neighbourhood partner countries and to countries taking part in the Paris Memorandum of Understanding on Port State Control'. With this, the EMSA vessels can be used throughout the entire area of the Union's regional sea basins.
The Commission proposes that the earmarked amount should only extend to the first two new tasks, with initial funding to start building up the new tasks while not compromising the existing tasks. The third new task should be financed from existing EU programmes for countries covered by the enlargement policy and by the European Neighbourhood Policy (the programme SAFEMED for the Mediterranean Sea and programmes under the TRACECA initiative for the Black Sea). It is considered more appropriate from a programme management and a budgetary perspective to finance this new task from within the existing framework of EU support to these countries.
In accordance with Regulation 1406/2002, the Agency has submitted reports on the financial execution of the action plans by 31 January of each year until 2012. These reports are available on the agency's website. As from 2013, the reporting will be integrated in the Agency's Annual Activity Report.
Furthermore, the Commission submitted in May 2011 a report on the implementation of Regulation 2038/2006[11]. This report is based on a comprehensive contribution from the Agency, as endorsed by the EMSA Administrative Board, including a stakeholder consultation and detailed scenarios[12]. EMSA's Administrative Board - in particular through the adoption of the work programme, the budget and the annual report - the Court of Auditors and the Budgetary Authority through the discharge procedure are supervising and monitoring the Agency's action.
The two main conclusions drawn from these evaluation activities are:
The budget dedicated to pollution response is adequate and
The measures financed are cost efficient, provide added value and are appropriately managed.
An ex ante evaluation has been carried out and is attached to this proposal (document SEC(2013)xxx). It confirms the usefulness and the efficiency of the multiannual financial framework and determines the amount to be earmarked.
Contents
- Legal Elements of the proposal
- Budgetary Implication
- 2. JUSTIFICATION FOR THE PROPOSED MEASURE
- 2.1. Context
- 2.2. Current tasks of EMSA in the field of pollution response
- CleanSeaNet
- Incident Response
- Best practice: Development and promotion
- 2.3. Future tasks
- 2.4. Evaluation of EMSA's current activities in the field of pollution response
- 2.5. Ex ante evaluation of the proposed activities
- 3.1. Legal basis
- 3.2. Subsidiarity and proportionality principles
- 3.3. Choice of instrument
- 5. Content of the proposal
The legal basis for the proposal is Article 100 TFEU, which has served as legal basis for Regulation 2038/2006 under the previous version of the Treaty.
The principles of subsidiarity and proportionality are fully respected, as the Agency's action presents the European tier of a differentiated system of response to pollution caused by ships and offshore installations. Most activities are triggered by requests from the affected coastal States. The fact that the EU is contracting party to the following regional organisations might illustrate the close coordination at regional level:
· the Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki Convention as revised in 1992);
· the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention) and to a number of protocols thereof;
· the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement);
· the Convention for the protection of the marine environment of the North-East Atlantic (OSPAR Convention);
· the Cooperation Agreement for the protection of the coasts and waters of the north-east Atlantic against pollution, (Lisbon Agreement), with its Additional Protocol, which have not yet entered into force.
The Union is also negotiating accession to the Convention on the Protection of the Black Sea against Pollution (Bucharest Convention).
A Regulation is the most appropriate legal instrument to establish a multiannual financial framework. This instrument was already chosen in 2006.
In the light of the above the Commission proposes to provide again for a multiannual financial envelope to be imputed into the Union budget for the period from 1 January 2014 to 31 December 2020 coinciding with the new multiannual financial framework. In accordance with the Commission package of June 2011 'A Budget for Europe 2020' and the current practice the amount should be taken from Heading 1 'Smart and Inclusive Growth'. The Commission thus proposes earmarking an amount of Є 160.5 million for the reference period. Further details are provided in the attached legislative financial statement and the ex ante evaluation. The annual amounts should be authorised by the Budgetary Authority in accordance with the budgetary procedure.
The proposal follows closely the structure of Regulation 2038/2006 with the necessary adaptations. It consists of the following 8 articles:
· Article 1: Objective
· Article 2: Definitions
· Article 3: Scope
· Article 4: Union funding
· Article 5: Monitoring existing capabilities
· Article 6: Protection of Union financial interests
· Article 7: Mid-term evaluation
· Article 8: Entry into force