LegalizeRegulation (EU) 2025/2434 of the European Parliament and of the Council of 26 November 2025 on the European Maritime Safety Agency and repealing Regulation (EC) No 1406/2002 (Text with EEA relevance)
(k) decide to enter into administrative arrangements with other Union bodies working in the Agency’s fields of activities provided that the draft arrangement has been submitted for consultation to the Commission first and the Management Board in accordance with Article 11(5) and provided that the Management Board has not objected within four weeks of its submission;
(l) 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 this Regulation;
(m) organise an effective monitoring system in order to be able to compare the Agency’s achievements with its objectives and tasks as laid down in this Regulation;
(n) establish and ensure the functioning of an effective and efficient internal control system and report any significant change to it to the Management Board;
(o) ensure the carrying out of risk assessments and risk management for the Agency;
(p) prepare a follow-up action plan in relation to the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and EPPO, as referred to in Article 35, and report on progress twice a year to the Commission and regularly to the Management Board;
(q) protect the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF and EPPO, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative, including financial, penalties;
(r) prepare an anti-fraud strategy, an efficiency gains and synergies strategy, a strategy for cooperation with third countries or international organisations, or both, and a strategy for the organisational management and internal control systems, for the Agency and present it to the Management Board for approval;
(s) promote diversity and ensure gender balance as regards the recruitment of the Agency’s staff;
(t) recruit staff on the broadest possible geographical basis;
(u) design and implement a communication policy for the Agency;
(v) perform any other tasks entrusted or delegated to him or her by the Management Board or as may be required by this Regulation.
For the purposes of the first subparagraph, point (m), the Executive Director shall establish, in agreement with the Commission and the Management Board, tailored performance indicators allowing for an effective assessment of the results achieved. The Executive Director shall ensure that the Agency’s organisational structure be regularly adapted to the evolving needs within the available financial and human resources. In that regard, the Executive Director shall establish regular evaluation procedures that meet recognised professional standards.
Article 23
Participation of third countries
The Agency shall be open to the participation of third countries which have entered into agreements with the Union, by which they have adopted and are applying Union law in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships.
Under the relevant provisions of those agreements, arrangements specifying the nature and the extent of the detailed rules for the participation by those third countries in the work of the Agency, including provisions on financial contributions and staff, shall be concluded by the Agency following the opinion of the Commission and the approval of the Management Board.
CHAPTER VI
FINANCIAL PROVISIONS
Article 24
Financial rules
The financial rules applicable to the Agency shall be adopted by the Management Board after consulting the Commission. The financial rules shall not depart from Delegated Regulation (EU) 2019/715 unless such a departure is specifically required for the Agency’s operation and the Commission has given its prior consent.
Article 25
Budget
Estimates of all revenue and expenditure for the Agency shall be prepared each financial year, corresponding to the calendar year, and shall be shown in the Agency’s budget.
The Agency’s budget shall be balanced in terms of revenue and of expenditure.
Without prejudice to other resources, the Agency’s revenue shall comprise:
(a) a contribution from the Union entered in the general budget of the Union and grants from Union bodies;
(b) possible contributions from any third country which participates in the work of the Agency in accordance with Article 23;
(c) any charges for infrastructure, publications, training or any other services falling under the scope of this Regulation provided by the Agency;
(d) any voluntary financial contribution from Member States, third countries or other entities, provided that such contribution is transparent, is clearly identified in the budget and does not compromise the independence and impartiality of the Agency.
The expenditure of the Agency shall include staff remuneration, administrative and infrastructure expenses and operating costs.
Article 26
Establishment of the budget
Each year, the Executive Director shall draw up a draft statement of estimates of the Agency’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.
The Management Board shall, on the basis of the draft referred to in paragraph 1, adopt a provisional draft estimate of the Agency’s revenue and expenditure for the following financial year.
The provisional draft estimate of the Agency’s revenue and expenditure shall be sent to the Commission by 31 January each year. The Management Board shall send the final draft estimate to the Commission by 31 March of that year.
The Commission shall send the statement of estimates to the European Parliament and the Council (‘the budgetary authority’) together with the draft general budget of the Union.
On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the Union the estimates it considers necessary for the establishment plan and the amount of the subsidy to be charged to the general budget of the Union, which it shall place before the budgetary authority in accordance with Articles 313 and 314 TFEU.
The budgetary authority shall authorise the appropriations for the contribution to the Agency.
The budgetary authority shall adopt the Agency’s establishment plan.
The Agency’s budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.
For any building project likely to have significant implications for the Agency’s budget, Delegated Regulation (EU) 2019/715 shall apply.
Article 27
Implementation of the budget
The Executive Director shall implement the Agency’s budget.
Each year the Executive Director shall send to the budgetary authority all information relevant to the findings of evaluation procedures.
Article 28
Presentation of accounts and discharge
By 1 March of the following financial year, the Agency’s accounting officer shall send the provisional accounts to the Commission’s accounting officer and to the European Court of Auditors.
By 31 March of the following financial year, the Agency shall send the report on the budgetary and financial management to the European Parliament, the Council and the European Court of Auditors.
By 31 March of the following financial year, the Commission’s accounting officer shall send the Agency’s provisional accounts, consolidated with the Commission’s accounts, to the European Court of Auditors.
On receipt of the European Court of Auditors’ observations on the Agency’s provisional accounts pursuant to Article 252 of the Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council (33), the Executive Director shall draw up the Agency’s final accounts under his or her own responsibility and submit them to the Management Board for an opinion.
The Management Board shall deliver an opinion on the Agency’s final accounts.
The Agency’s accounting officer shall, by 1 July of the following financial year, send the final accounts to the European Parliament, the Council, the Commission and the European Court of Auditors, together with the Management Board’s opinion.
The final accounts shall be published in the Official Journal of the European Union by 15 November of the following financial year.
The Executive Director shall send the European Court of Auditors a reply to its observations by 30 September. The Executive Director shall also send that reply to the Management Board.
The Executive Director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 267(3) of Regulation (EU, Euratom) 2024/2509.
On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, give a discharge to the Executive Director in respect of the implementation of the budget for year N.
CHAPTER VII
STAFF
Article 29
General provision
The Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants shall apply to the staff of the Agency.
Article 30
Seconded national experts and other staff
The Agency may make use of seconded national experts or other staff not employed by the Agency.
The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.
CHAPTER VIII
GENERAL AND FINAL PROVISIONS
Article 31
Legal status and seat
The Agency shall be a body of the Union and shall have legal personality.
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 and dispose of movable and immovable property and be a party to legal proceedings.
The Agency shall be represented by its Executive Director.
The seat of the Agency shall be in Lisbon, Portugal.
At the request of the Commission, the Management Board may decide, with the agreement of and in cooperation with the Member States concerned and with due regard to budgetary implications, including any contribution the Member States concerned may provide, to establish regional centres necessary in order to carry out, in the most efficient and effective way, some of the Agency’s tasks. When taking such a decision, the Management Board shall define the precise scope of activities of the regional centre while avoiding unnecessary financial costs and enhancing cooperation with existing regional and national networks.
Article 32
Privileges and immunities
The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.
Article 33
Language arrangements
The provisions laid down in Council Regulation No 1 (34) shall apply to the Agency.
The translation and all other linguistic services required by the Agency, other than interpretation, shall be provided by the Translation Centre for the Bodies of the European Union.
Article 34
Transparency
Regulation (EC) No 1049/2001 of the European Parliament and of the Council (35) shall apply to documents held by the Agency.
The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001.
Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the European Ombudsman or of an action before the Court of Justice of the European Union (CJEU), under the conditions laid down in Articles 228 and 263 TFEU respectively.
The processing of personal data by the Agency shall be subject to Regulation (EU) 2018/1725 of the European Parliament and of the Council (36).
Article 35
Combating fraud
In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU, Euratom) No 883/2013 the Agency shall adopt appropriate provisions applicable to all staff of the Agency.
The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.
OLAF may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013.
Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the European Court of Auditors, OLAF and EPPO to conduct such audits and investigations, according to their respective competences.
Article 36
Security rules on the protection of classified and sensitive non-classified information
The Agency shall adopt its own security rules equivalent to the Commission’s security rules for protecting European Union Classified Information and sensitive non-classified information, as set out in the Commission Decisions (EU, Euratom) 2015/443 (37) and 2015/444 (38). The security rules of the Agency shall include provisions for the exchange, processing and storage of such information.
Article 37
Liability
The Agency’s contractual liability shall be governed by the law applicable to the contract concerned.
The CJEU shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.
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 the Agency or by its staff in the performance of their duties.
The CJEU shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.
The personal liability of the Agency’s staff towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment of Other Servants applicable to them.
Article 38
Evaluation and review
By 19 January 2031, and every five years thereafter, the Commission shall conduct an evaluation to assess in particular the impact, effectiveness and efficiency of the Agency and its working practices, taking into account the opinion of the Management Board. That evaluation shall, in particular, address the possible need to amend the mandate of the Agency, in particular in order to take account of the development of Union law in the maritime transport field, and the financial implications of any such amendment, as well as the need to establish a scheme for fees and charges and to identify the services that the Agency may offer under such a scheme.
The Commission shall submit the evaluation report together with its conclusions on that report, to the European Parliament, the Council and the Management Board. The findings of the evaluation shall be made public.
On the occasion of every second evaluation, the Commission shall also assess the results achieved by the Agency, having regard to the Agency’s objectives, mandate and tasks. If the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed.
Article 39
Administrative inquiries of the European Ombudsman
The activities of the Agency shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.
Article 40
Transitional provisions
By way of derogation from Article 15 of this Regulation, the members of the Administrative Board appointed under Regulation (EC) No 1406/2002 before 18 January 2026 shall remain in office as members of the Management Board until the expiry date of their term of office, without prejudice to the right of each Member State to appoint a new representative.
The Executive Director appointed on the basis of Article 16 of Regulation (EC) No 1406/2002 shall remain assigned to the post of the Executive Director with the tasks and responsibilities provided for in Article 22 of this Regulation.
The entry into force of this Regulation shall be without prejudice to all employment contracts in force on 18 January 2026.
Article 41
Repeal
Regulation (EC) No 1406/2002 is repealed.
Article 42
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 26 November 2025.
For the European Parliament The President R. METSOLA
For the Council The President M. BJERRE
(1) OJ C, C/2023/873, 8.12.2023, ELI: http://data.europa.eu/eli/C/2023/873/oj.
(2) Position of the European Parliament of 12 March 2024 (OJ C, C/2025/1026, 27.2.2025, ELI: http://data.europa.eu/eli/C/2025/1026/oj) and position of the Council at first reading of 13 October 2025 (not yet published in the Official Journal). Position of the European Parliament of 13 November 2025 (not yet published in the Official Journal).
(3) 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, p. 1, ELI: http://data.europa.eu/eli/reg/2002/1406/oj).
(4) Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on the enforcement of international standards on pollution from ships and on the introduction of administrative penalties for pollution offences (OJ L 255, 30.9.2005, p. 11, ELI: http://data.europa.eu/eli/dir/2005/35/oj).
(5) 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, p. 57, ELI: http://data.europa.eu/eli/dir/2009/16/oj).
(6) Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (OJ L 131, 28.5.2009, p. 114, ELI: http://data.europa.eu/eli/dir/2009/18/oj).
(7) Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ L 131, 28.5.2009, p. 132, ELI: http://data.europa.eu/eli/dir/2009/21/oj).
(8) Commission Delegated Regulation (EU) 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (OJ L 122, 10.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg_del/2019/715/oj).
(9) Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ L 131, 28.5.2009, p. 11, ELI: http://data.europa.eu/eli/reg/2009/391/oj).
(10) Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116, ELI: http://data.europa.eu/eli/dir/2019/883/oj).
(11) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19, ELI: http://data.europa.eu/eli/dir/2008/56/oj).
(12) Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (OJ L 132, 21.5.2016, p. 58, ELI: http://data.europa.eu/eli/dir/2016/802/oj).
(13) Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55, ELI: http://data.europa.eu/eli/reg/2015/757/oj).
(14) Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC (OJ L 234, 22.9.2023, p. 48, ELI: http://data.europa.eu/eli/reg/2023/1805/oj).
(15) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj).
(16) Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (OJ L 129, 29.4.2004, p. 6, ELI: http://data.europa.eu/eli/reg/2004/725/oj).
(17) 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, p. 10, ELI: http://data.europa.eu/eli/dir/2002/59/oj).
(18) Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69, ELI: http://data.europa.eu/eli/reg/2021/696/oj).
(19) 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) No 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).
(20) 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, p. 18, ELI: http://data.europa.eu/eli/reg/2019/473/oj).
(21) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/883/oj).
(22) OJ L 136, 31.5.1999, p. 15, ELI: http://data.europa.eu/eli/agree_interinstit/1999/531/oj.
(23) 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 (OJ L 188, 2.7.1998, p. 35, ELI: http://data.europa.eu/eli/dir/1998/41/oj).
(24) Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships (OJ L 123, 17.5.2003, p. 22, ELI: http://data.europa.eu/eli/dir/2003/25/oj).
(25) Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/45/oj).
(26) Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 131, 28.5.2009, p. 47, ELI: http://data.europa.eu/eli/dir/2009/15/oj).
(27) Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146, ELI: http://data.europa.eu/eli/dir/2014/90/oj).
(28) Directive (EU) 2022/993 of the European Parliament and of the Council of 8 June 2022 on the minimum level of training of seafarers (OJ L 169, 27.6.2022, p. 45, ELI: http://data.europa.eu/eli/dir/2022/993/oj).
(29) Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924, ELI: http://data.europa.eu/eli/dec/2013/1313/oj).
(30) Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/1257/oj).
(31) Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 June 2019 establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU (OJ L 198, 25.7.2019, p. 64, ELI: http://data.europa.eu/eli/reg/2019/1239/oj).
(32) OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/oj.
(33) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).
(34) Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385, ELI: http://data.europa.eu/eli/reg/1958/1(1)/oj).
(35) 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 (OJ L 145, 31.5.2001, p. 43, ELI: http://data.europa.eu/eli/reg/2001/1049/oj).
(36) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).
(37) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41, ELI: http://data.europa.eu/eli/dec/2015/443/oj).
(38) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53, ELI: http://data.europa.eu/eli/dec/2015/444/oj).
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