Maritime University of Szczecin
Akademia Morska w Szczecinie
2010, 23(95) pp. 57–61 2010, 23(95) s. 57–61
EU measures to protect the marine environment through
specialised agencies
Działania Unii Europejskiej na rzecz ekologicznej ochrony
środowiska morskiego realizowane za pośrednictwem
wyspecjalizowanych agencji
Marianna Greta, Teresa Kostrzewa-Zielińska, Jacek Otto
Technical University of Łódź, Faculty of Organisation and Management Department of European Integration and International Marketing Politechnika Łódzka, Wydział Organizacji i Zarządzania, Katedra Integracji Europejskiej i Marketingu Międzynarodowego 90-924 Łódź, ul. Wólczańska 215, e-mail: kieimm@p.lodz.plKey words: community environmental policy, EU institutional system, marine safety Abstract
This paper concerns two agencies which directly or indirectly pursue the goals and perform the tasks set by the European Union in terms of protecting the marine environment. They are both part of the EU agency system established to decentralise measures, integrate various groups of interests, prepare development strategies and prevent bad practices. The Community Fisheries Control Agency (CFCA) harmonises legal regulations and the Common Fisheries Policy, which improves maritime safety. The European Maritime Safety Agency (EMSA) fosters this safety by promoting the implementation of ship safety standards, investigating shipping disasters, and preventing harmful waste discharges from ships including oil spills that would pollute inshore and sea waters, destroying marine flora and fauna.
Słowa kluczowe: wspólnotowa polityka ochrony środowiska, system instytucjonalny UE, bezpieczeństwo morskie
Abstrakt
Opracowanie poświecone zostało dwóm agencjom, które bezpośrednio bądź pośrednio realizują cele i zada-nia UE na rzecz ochrony środowiska morskiego. Obydwie wpisują się w szeroko pojęty system agencyjny UE powołany do decentralizacji działań, integrowania różnych grup interesów, opracowywania strategii roz-wojowych oraz zapobiegania różnego rodzaju działaniom niepożądanym. Jedna z nich, tj. Agencja Kontroli Rybołówstwa, harmonizując przepisy prawne i wspólnotową politykę rybacką pośrednio przyczynia się do bezpieczeństwa morskiego. Z kolei druga, tj. Europejska Agencja ds. Bezpieczeństwa na Morzu, zgodnie ze swoją nazwą broni tego bezpieczeństwa, zabiegając o wprowadzanie standardów, bezpieczeństwa statków i badając wypadki statków, zapobiegając odpadom ze statków i rozlewom olejowym, niszczącym wody przy-brzeżne i morskie, a wraz z tym morski świat żyjący.
Introduction
The environmental protection, ecological policy and the resulting measures are of crucial impor-tance and this is the field where cooperation between the EU member states as well as their co-operation with external partners is fast-developing. The first provisions concerning these issues can be found as early as in the European Founding
Trea-ties and they provided the basis for environmental protection programmes developed by the European Commission in the early 1970s. The Treaty of Maastricht was the turning point in respect of the regulations concerning ecology and environmental protection as it declared that the objective of the European Union was “to promote throughout the Community a harmonious and balanced develop-ment of economic activities, sustainable and
non-inflationary growth respecting the environment”. The Treaty of Amsterdam consolidated these regu-lations listing the Community’s tasks, which, apart from supporting sustainable growth respecting the environment, included the promotion of highly effective environmental protection and its im-provement in terms of air, water and land. Ecology and environmental protection continued to be cru-cial issues in subsequent treaties and the EU and its member countries became partners in international cooperation aimed to tackle global challenges. Thus, ecology is a multifaceted, critical and urgent problem as it is the question of life on the earth.
The paper discusses EU measures aimed to pro-tect the marine environment and focuses on EU institutions responsible for their implementation. Actually, two Agencies (CFCA and EMSA) under-take actions and set goals with respect to the protec-tion of the marine environment. They are pioneers and promoters in the field of preventive measures and implementation; they also provide information, advisory and training services. Apart from them, the Directorates General (DGs) for Environment, Maritime Affairs and Fisheries (DG MARE) are attached to the European Commission, and relevant commissions address ecological questions in the European Parliament and the European Council. Such institutionalisation demonstrates the signifi-cance of environmental issues and the need for appropriate regulations.
The position of agencies in the EU institutional system
After more than 50 years since the EC/EU was established, its institutional system “has adjusted” to its needs, undergoing evolution along with its enlargement and integration, and the provisions of primary and secondary law. The institutional system comprises bodies such as the European Commission, the European Parliament, and the European Council, advisory boards including the Committee of the Regions and the Economic and Social Committee, as well as decentralised institu-tions such as agencies.
The agencies are to provide assistance to mem-ber countries and their citizens. They were set up in response to geographical dispersion and are meant to address new legal, technical and scientific chal-lenges. The first agencies were established in the 1970s to provide training and improve living and working conditions. Subsequently, so-called second-generation agencies were established due to increased integration in the 1990s (e.g. the Euro-pean Environment Agency). Each agency is spe-cific and performs its functions in accordance
with the mission assigned. Still, the agencies share certain characteristics, including the following: general tasks,
general organisational structure, assignment to a specific category.
The agencies’ general tasks include the follow-ing:
development of decentralisation and geographic dispersion within EU measures,
enhancement of the measures assigned,
integration of various interest groups to facilitate dialogue at the European level,
preparation of development strategies and inter-national cooperation [1, p. 14–21].
Despite the fact that the agencies are markedly different in respect of their size and objectives, their basic structure and general manner of functioning are in principle similar. Every agency is managed by a board which specifies general recommenda-tions, approves work programmes pursuant to the agency’s mission, resources available and political priorities. The composition of the board is deter-mined by the ordinance establishing a given agency and its members are the representatives of the member states, one or more representatives of the European Commission as well as nominees of the European Parliament, representatives of social partners and representatives of other agencies. The board may also include representatives of non-EU countries, but they do not have voting rights.
The board appoints an executive director (which is also within the European council’s competence) who is responsible for the agency’s activities and correct implementation of its work programmes.
An agency’s structure accommodates one or more scientific or technical committees consisting of competent experts.
Every agency is subject to internal and external audit. The first one is performed (depending on the agency’s internal decisions) either by an auditor appointed by the agency or one appointed by the European Commission. As regards external audit, it is conducted by the Court of Auditors.
The agencies are generally financed from the EU budget within so-called satellite budgets (apart from five self-financing agencies which obtain suf-ficient funds in return for their services)1. They are
1 Self-financing agencies include the following: the
European Agency for the Evaluation of Medicinal Products, the Office for Harmonization in the Internal Market, the Community Plant Variety Office, the European Aviation Safety Agency, and the Translation Centre for the Bodies of the European Union.
subject to the Community law, they are legal per-sons and they are established (unlike the Commis-sion or Parliament) by secondary law acts for spe-cific purposes, such as spespe-cific technical, scientific and management tasks. They are divided into four categories given in the table 1.
According to the categories given in the table, the agencies discussed below belong to the first group, i.e. the first pillar.
EU agencies protecting the marine environment
The primary tasks aimed to protect the marine environment come under the European Maritime Safety Agency (EMSA) and it is the agency that is primarily discussed in the paper. However, it should not be the only one, as there is another EU agency indirectly participating in the measures dis-cussed – the Community Fisheries Control Agency (CFCA). It was established in April 2005 at a meet-ing of the European Council in response to the reform of the Common Fisheries Policy in 2002. The Agency is based in Vigo, Spain, and its
pri-mary role is to unify and harmonise regulations at the community level and in member states, enforces them and ensures their effective implementation and the monitoring of resources. The Agency makes sure that national inspection and control measures are implemented in compliance with the community strategy and promotes effective and uniform application of the common fisheries policy. All these activities are to indirectly contribute to the development of ecological safety measures in the marine environment. Moreover, the Agency has been entrusted with horizontal tasks including pri-marily the training of inspectors, techniques and methodology of control, which is meant to unify the Community Fisheries Policy. The Commission Decision of 18 December 2009, presented in the table 2, defines the specific mission and current tasks of the Community Fisheries Control Agency.
Decision of 18 December 2009 designating the Community Fisheries Control Agency as the body to carry out certain tasks under Council Regulation (EC) No 1005/2008, notified under document C (2009) 10155), (2009/988/UE), signed by Joe Borg in Brussels.
Table 1. Agency category in the institutional system (own work based on [1])
Tabela 1. Kategorie agencji w systemie instytucjonalnym (oprac. własne na podstawie [1]) Agency Category Brief characteristics of category
Community Agencies Agencies set up to carry out very specific scientific, technical and management tasks within the first pillar of the EU, i.e. the Economic and Monetary Union. Common Foreign and Security
Policy Agencies
Agencies set up to carry out very specific scientific, technical and management tasks within the second pillar of the EU.
Police and Judicial Cooperation in Criminal Matters Agencies
Agencies set up to help the EU member states cooperate in fighting organised international crime. This cooperation in criminal matters constitutes the third pillar of the EU.
Executive Agencies
Organisations established in accordance with Council Regulation (EC) No 58 (2003) OJL 11, 16 January 2003) with a view to being entrusted with certain tasks related to the management of one or more Community programmes. These agencies are set up for a fixed period of time. Their location has to be at the seat of the European Commission, i.e. in Brussels or Luxembourg.
Table 2. Mission and tasks of the Community Fisheries Control Agency pursuant to the Commission Decision of 18 December 2009 (own work based on [2, 3])
Tabela 2. Misja i zadania Wspólnotowej Agencji Kontroli Rybołówstwa według decyzji Komisji Europejskiej z dnia 18 grudnia 20009 roku (oprac. własne na podstawie [2, 3])
Name of document
speci-fying mission and tasks Mission and tasks of the Community Fisheries Control Agency
Commission Decision of 18 December 2009 designating the Community Fisheries Control Agency as the body to carry out certain tasks under Council
Regulation (EC) No. 1005/2008
transmit reports, with copy to the Commission, on denials of unloading or transshipment to third country vessels;
upon request from the Commission, provide for the conduct of on-the-spot audits, alone or in cooperation with the Commission, to verify the effective implementation of agreed cooperation arrangements with third parties;
communicate to Member States and Flag States, with copy to the Commission, additional informa-tion submitted by the member states to the Commission which is relevant for the establishment of a European Union vessel list;
transmit sightings reports to all Member States with copy to the Commission, and, if appropriate, to the Executive Secretary of the relevant Regional Fisheries management Organisation; transmit to the Executive Secretary of the relevant Regional Fisheries Management Organisation,
The European Maritime Safety Agency (EMSA) was set up in 2002, with a provisional seat in Brus-sels, in order to implement measures aimed at ma-rine environment protection. Since May 2006, it has been based in Lisbon. The main reason for EU con-cerns with maritime safety and the prevention of ecological degradation of the marine environment were Erica (1999) and Prestige (2002) oil tanker accidents. The first measures consisted of the im-plementation of legal regulations, which provided the basis for the establishment of the agency.
Since starting work, EMSA has been improving cooperation with and between member states, en-hancing the exchange of information between them and organising workshops. The agency has deve-loped the SafeSeaNet [4] service – a system for
monitoring ships transporting hazardous cargoes and standardising response to accidents. The evolu-tion of EMSA soon resulted in expanding the set of measures and since 2004 the Agency has also been helping member states to combat marine pollution by chartering oil-recovery ships that are on standby to help any EU country threatened with ecological disasters. The agency actively participates in evalu-ating the classification societies recognised by the EU, training centres in member countries, and port authorities in the EU.
Since 2007, the agency’s operation has been considerably improved by the satellite monitoring system ClemSeaNet [4] providing early warning to EU countries of any illegal waste or hazardous sub-stances transported by ships which would pose an
Table 3. EMSA objectives and tasks (own work based on [1, 2]) Tabela 3. Cele i zadania EMSA (oprac. własne na podstawie [1, 2])
Goals and Tasks Contents
General Goals
to ensure the proper implementation of EU maritime legislation, to provide technical assistance and develop good practices in this respect,
to provide technical consulting to the European Commission and the member states, to enhance operational capability of the member states with respect to oil spills response;
General Tasks
to improve maritime safety,
to prevent ship-sourced pollution in the sea and inshore waters, to respond to pollution and contamination caused by ships, to enhance maritime security.
Table 4. EMSA primary measures preventing the pollution of marine waters (own work based on [5]) Tabela 4. Główne działania agencji zapobiegające skażeniom wód morskich (oprac. własne na podstawie [5])
Type of measure Undertakings under the measures
Marine Accident Investigation
promotion of cooperation and development of common methodology for investigating maritime accidents, technical support for the European Commission in proposing legislation relating to maritime accident
investigation,
establishment of the European Marine Casualty Information Platform (EMCIP); Port Waste
Reception Facilities
identification of possible problem solutions and assessment of fee systems applied in the member states, development of a common information system to trace illegal discharges from ships headed for EU ports;
Ship Safety Standards
technical assistance to the European Commission in the development, monitoring and implementation of relevant EU legislation concerning ship safety standards,
technical assistance to the European Commission in amending regulations,
monitoring of implementation of legislation concerning double-hull tankers and provision of technical assistance to new regulation proposals,
analysis of instruments enhancing the safety of bulk cargo ships and technical assistance in their implementa-tion,
assistance to the European Commission in the decision-making process related to the liability of ships in national trade,
assistance to the European Commission in the development of regulations concerning liability for pollution and passenger transport;
Oil Spill Response
collecting information from coastal countries and developing operational plans to be prepared to respond to oil pollutions;
contracting commercial vessels which may be transformed rapidly into spill response vessels: • first stage includes contracts signed in 2005 and involves the provision of vessels in the Baltic Sea,
along the Atlantic Coast, in the Mediterranean Sea and along the Western Approach of the English Channel,
• second stage includes the contracts signed in 2007 and involves strengthening of the network and its extension to the Black Sea.
ecological threat to their territorial waters or in-forming them of any pollution in their territorial waters.
The objectives and tasks of the EMSA are given in the table 3.
The agency’s organisational structure is typical of all institutions of this kind except for the Admi-nistrative Board which comprises representatives of all member states (each country has one repre-sentative), four representatives of the European Commission, four professionals from the most in-terested industries, appointed by the European Commission (without voting rights) and representa-tives of the EFTA coastal countries, i.e. Norway and Iceland (each of these countries has one repre-sentative)2.
The EMSA’s important measure is to evaluate the classification societies subordinated to the Commission. There are thirteen classification socie-ties recognised by the EU and each of them is evaluated by EMSA at least every second year (six evaluations during those years). Evaluation encompasses the inspection of headquarters, regio-nal offices, or vessels. If a member state applies for the approval of a classification society, the EMSA may conduct a preliminary evaluation [6, p. 47–49]. Given the objective of this paper, it is crucial to study the measures concerning marine environment protection. They primarily focus on marine accident investigation, ship safety standards, responding to oil spills and adequate training of sailors. Detailed information on these issues is given in the table 4.
The agency also acts as a statistical research centre, as it collects and analyses statistics relating to vessels calling at EU members, monitors indi-vidual ship inspections, publishes and updates the list of ships banned from calling at the EU ports (ships flying a blacklisted flag). The EMSA admi-nisters a database of marine equipment recognised by the EU. Another mission of the agency is the training of sailors from member states in line with the International Maritime Organisation’s STCW Convention (Standards of Training, Certification
2 The first meeting of Administrative Board was held
on 4 December 2002.
and Watch-keeping), workshops, seminars, visits of experts in old and new member states and in candi-date countries, and improving cooperation with and between them.
Conclusion
The European Union has never ignored the problems of environmental protection, although they did not become urgent until more and more ecological threats started to emerge. The European Union is aware of their international, global charac-ter and consistently implements a broad range of adequate programmes, co-operates at the interna-tional level, and establishes institutions which ad-dress ecological threats. The agencies focused on marine environment protection reflect this attitude. They undertake a wide range of measures and pur-sue technical ispur-sues (e.g. regulations, standards, statistics), training and promotion, and specify measures necessary to respond to oil spills.
The measures discussed are by no means theo-retical, as they are set by the European Union and implemented through the agencies. However, they do not fall under the scope of this paper.
References
1. GERADIN D.,MUNOZ R.,PELT N. (eds.): Regulation through
Agencies in the EU: a New Paradigm of European Gover-nance, Cheltenham: Edward Elgar Publishing 2005, 14–21. 2. http://www.efca.europa.eu.
3. Official Journal of the European Union, Commission Deci-sion of 18 December 2009 designating the Community Fisheries Control Agency as the body to carry out certain tasks under Council Regulation (EC) No 1005/2008, noti-fied under document C (2009) 10155), (2009/988/EU), signed by Joe Borg in Brussels.
4. http://www.emsa.europa.eu.
5. http://europa.eu/agencies/community_agencies/emsa/index _pl.htm.
6. Fishery statistics; data 1990–2005, Luxembourg, OOPEC 2006, p. 47–49.
Recenzent: dr hab. inż. Zofia Jóźwiak, prof. AM Akademia Morska w Szczecinie
