Maritime authorities across Europe will soon join their colleagues in the food safety sector by having a centralised EU authority overseeing their work. The European Maritime Safety Agency (EMSA), due to come into operation in August next year, is designed to provide the member states and the Commission with the assistance and expertise necessary to apply, monitor and evaluate Community legislation on maritime safety and the prevention of pollution by ships.

The new agency will have a number of tasks. One of its key functions will be to provide objective, reliable and comparative information on maritime safety and pollution by ships. For example, every six months it will provide information on those ships refused access to Community ports, which breach Council Directive 95/21/EC (19 June 1995) on the enforcement of international standards for ship safety, pollution prevention and shipboard living and working conditions (port state control). The monitoring and improvement of the port state control regime is one of its main tasks.

The EMSA will provide technical assistance to the member states in implementing existing EU legislation and will organise training initiatives. It will assist the Commission in developing new legislation on maritime pollution and safety, particularly in line with international rules. In doing so, it will analyse relevant research in the field. It will also assist in the development of a common methodology for investigating maritime accidents, support investigations into serious accidents and help with an analysis of existing accident reports.

Like the Food and Veterinary Office, it will make visits to member states, where the national authorities will be expected to facilitate its work. Following each visit it will compile a report which will be sent to the Commission and to the member state concerned. It is unclear whether these reports will be published. Overall, the agency is tasked with giving to the public and any interested party objective, reliable and easily understandable information on its work. The agency will have legal personality and may be a party to legal proceedings. Initially, it will be centrally based but may develop regional centres for monitoring purposes.

It will have an administrative board consisting of one representative of each member state and four from the Commission, as well as four professionals from the sectors most concerned. The latter will be nominated by the Commission and will not be able to vote. Board members will 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. An executive director will be appointed by the 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 agency will assist in efforts to improve the identification and pursuit of ships making unlawful discharges and will facilitate co-operation between the member states and the Commission in the operation of a new vessel traffic monitoring and information system (see below.)

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. 05.08.02. pp 1-9.

NEW MONITORING INFORMATION SYSTEM

As part of its initiative to drive up standards of maritime safety and the prevention of pollution at sea, the Commission has secured agreement for a new vessel traffic monitoring and information system. The development of such a system was forecast by Directive 93/75 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods which created a more limited information system and which will be repealed by the directive setting up the new system.

The main objective of the new system is to enhance the safety and efficiency of maritime traffic, to improve the response of authorities to incidents, accidents or potentially dangerous situations at sea, including search and rescue operations, and to contribute to a better prevention and detection of pollution by ships. It will apply to ships of 300 gross tonnage and upwards. Exemptions include military and other vessels owned or operated by a member state for non-commercial public service, fishing vessels, traditional ships and recreational craft less than 45m long and bunkers below 5,000 tonnes, ships' stores and equipment for use on board ships.

The directive lists the information to be provided by operators, agents or masters of ship wanting to use Community ports. It also requires that all ships calling at a member state port be fitted, in accordance with a set timetable, with an AIS (identification of ships system) meeting International Maritime Organisation standards. This must operate at all times unless exempted under international rules on the protection of navigational information. Ships must also be fitted with a voyage data recorder system.

In addition, the directive sets out rules on the notification of dangerous or polluting goods onboard ships and on the monitoring of hazardous ships and intervention in the event of incidents and accidents at sea. It requires that when conducting any marine casualty or incident investigation, member states comply with the provisions of the relevant IMO code.

The reporting of incidents and accidents at sea is covered and a list of the sorts of events which ships must report is included; for example, any slick of polluting materials and containers of packages seen drifting at sea or any situation liable to lead to pollution. The directive sets out rules on what to do in which exceptionally bad weather or sea conditions lead a competent authority to consider there may be a serious threat of pollution or danger to human life.

It requires member states to draw up plans to accommodate in their waters any ships in distress. Such plans must take account of environmental constraints and, where necessary, contain arrangements for assistance, salvage and pollution response. Coastal stations must broadcast any incident or accident notified and information regarding any ship posing a threat to maritime safety, the safety of individuals or the environment.

Member states must designate and inform the industry of the competent authorities, port authorities and coastal stations to which notifications under the directive must be made. Sanctions for breach of the national provisions adopted pursuant to the directive must be laid down and applied.

The national information systems used by member states in complying with the directive must be capable of interconnection and interoperability. Data exchange must be electronic, and the system must allow 24-hour information transmission. The implementation date is 5 February 2004, at which point directive 93/75/EEC will be repealed.

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. 05.08.02 pp 10-26.