Legal status and seat
1. The Agency shall be a body of the Union and shall have legal personality.
2. 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.
3. The Agency shall be represented by its Executive Director.
4. The seat of the Agency shall be in Lisbon, Portugal.
5. 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.
Privileges and immunities
The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.
Language arrangements
1. The provisions laid down in Council Regulation No 1 ( 34 ) shall apply to the Agency.
2. 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.
Transparency
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council ( 35 ) shall apply to documents held by the Agency.
2. 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.
3. 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.
4. 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 ) .
Combating fraud
1. 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.
2. 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.
3. 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.
4. 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.
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.
Liability
1. The Agency’s contractual liability shall be governed by the law applicable to the contract concerned.
2. The CJEU shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.
3. 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.
4. The CJEU shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.
5. 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.
Evaluation and review
1. 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.
2. 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.
3. 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.
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.
Transitional provisions
1. 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.
2. 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.
3. The entry into force of this Regulation shall be without prejudice to all employment contracts in force on 18 January 2026.
Repeal
Regulation (EC) No 1406/2002 is repealed.
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 .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
