L 39/30 Official Journal of the European Union 9.2.2013 REGULATION (EU) No 100/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 January 2013 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the ordinary legislative procedure (3), Whereas: (1) Regulation (EC) No 1406/2002 of the European Parliament and of the Council (}), which was adopted in response to the ‘Erika’ oil tanker incident, established a European Maritime Safety Agency (the ‘Agency’) for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships. After the ‘Prestige’ oil tanker incident in 2002, Regu- lation (EC) No 1406/2002 was modified to give the Agency more tasks with regard to pollution response. It is necessary to clarify which types of marine pollution should fall within the objectives of Regulation (EC) No 1406/2002. Thus, marine pollution caused by oil and gas installations should be understood as pollution by oil or any substance other than oil which, if introduced into the marine environment, is likely to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, as established by the Protocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000. () O] C 107, 6.4.2011, p. 68. (%) Position of the European Parliament of 15 December 2011 (not yet published on the Official Journal) and position of the Council at first reading of 4 October 2012 (O] C 352 E, 16.11.2012, p. 1). Position of the European Parliament of 13 December 2012. () O] L 208, 5.8.2002, p. 1. S Acting in accordance with Article 22 of Regulation (EC) No 1406/2002, the Administrative Board of the Agency (the ‘Administrative Board’) in 2007 commissioned an independent external evaluation on the implementation of that Regulation. Based on that evaluation, in June 2008, it issued recommendations regarding changes to the functioning of the Agency, to its areas of competence and to its working practices. Based on the findings of the external evaluation, and on the recommendations, and on the multiannual strategy adopted by the Administrative Board in March 2010, some provisions of Regulation (EC) No 1406/2002 should be clarified and updated. While focusing on its priority tasks in the area of maritime safety, the Agency should receive a number of new core and ancillary tasks reflecting the development of maritime safety policy at Union and international level. Given the budget constraints facing the Union, considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency and to avoid any overlapping. Staffing needs for the new core and ancillary tasks should, as a matter of principle, be covered through internal redeployment by the Agency. At the same time, the Agency should receive, where appropriate, funding from other parts of the Union budget, in particular from the European Neighbourhood Policy instrument. The delivery of any new core and ancillary tasks by the Agency will be undertaken within the limits of the current Financial Perspective and the Agency’s budget without prejudice to the negotiations and decisions on the future multiannual financial framework. As this Regulation is not a financing decision, the Budgetary Authority should decide on resources for the Agency in the framework of the annual budgetary procedure. The Agency’s tasks should be described clearly and precisely, and any duplication of tasks should be avoided. The Agency has shown that certain tasks can be undertaken more efficiently at European level, which might, in certain cases, offer Member States savings on their national budgets and, where demonstrated, represent genuine European added value. Some provisions regarding the specific governance of the Agency should be clarified. Taking into account the special responsibility of the Commission for the imple- mentation of Union policies enshrined by the Treaty on the Functioning of the European Union, the Commission should provide policy guidance to the Agency in the performance of its tasks while fully respecting the legal