What changed

PA_Legam

European Parliament

SHORT JUSTIFICATION

2019-2024

Fishing plays a crucial role in employment and economic activity in several EU regions – in some European coastal communities the fishing sector accounts for as many as half the local jobs. In 2022, direct employment generated by the sector, amounted to 124 636 fishers and the sector also generated a large number of jobs in the processing industry and services. Fisheries, however, remains one of the sectors with the highest risk of accidents. In 1997, the International Labour Organization estimated that 24,000 fatalities occur worldwide per year in fisheries. At EU level, the risk of being killed or injured while fishing is also high. At present, the EU has two Directives in force which concern safety in the fisheries sector (Directives 93/103/EC and 97/70/EC). However, these directives only concern larger vessels, i.e. approximately 10% of EU vessels.

TEXTS ADOPTED

Substance of the Proposal

P9_TA(2024)0200

The proposal amends Directive 2009/18/EC whose purpose is to improve maritime safety and the prevention of pollution by ships, and so reduce the risk of future marine casualties, by facilitating the expeditious holding of safety investigations and proper analysis of marine casualties and incidents in order to determine their causes, and ensuring the timely and accurate reporting of safety investigations and proposals for remedial action. Fishing vessels less than 15 metres in length are at present excluded from the scope of Directive 2009/18/EC, and therefore the conduct of maritime accident investigations involving such fishing vessels is non-systematic and non-harmonised. Such vessels are more prone to capsizing and members of the crew falling overboard is relatively common. Therefore, there is a need to protect those fishing vessels, fishers and the environment by introducing a preliminary assessment of very serious marine casualties involving fishing vessels less than 15 metres long to determine whether the authorities should open a safety investigation. The proposal therefore, in point 2, extends the scope of the Directive to all fishing vessels including those of less than 15 meters in length.

Amending Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector

The definition of the length of a fishing vessel should also be set out especially when there is a distinction on the approach and the obligations of the marine safety investigation authorities based on the length of the fishing vessel. Therefore, in point 3, the length of a fishing vessel is specified as the length overall in accordance with Article 2 of Regulation (EU) 2017/1130.

Committee on Transport and Tourism

Point 5 makes changes to the obligation to investigate and provides that, in relation to a very serious marine casualty (loss of the vessel and/or a fatality) involving a fishing vessel of less than 15 metres in length, Member States are obliged to at least carry out a preliminary assessment to determine if a safety investigation should be carried out.

PE753.003

Point 14 relates to the reporting obligations of Member States as regards the European Maritime Casualty Information Platform (EMCIP). The proposal specifies Member States’ obligations regarding very serious marine casualties involving fishing vessels of less than 15 metres in length.

European Parliament legislative resolution of 10 April 2024 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector (COM(2023)0270 – C9-0189/2023 – 2023/0164(COD))

Position of the Rapporteur

(Ordinary legislative procedure: first reading)

It is not sufficient to limit safety investigations to serious accidents (‘very serious casualties’) involving the loss of the vessel or human lives. These investigations should also be carried out when there are cases of personal injuries of fishers with the risk of disability or impairment. Given the importance of these investigations, should the investigation authority decide not to undertake a safety investigation in cases of a very serious marine casualty or any other marine casualty or incident, then it should justify its decision.

The European Parliament,

Furthermore, since the aim of the safety investigations is the prevention of future marine casualties and incidents, it is crucial to quickly and efficiently gather and analyse the data relating to maritime safety. The investigation authority should therefore also be tasked with the gathering and systematic analysis of data relating to maritime safety, in particular for prevention purposes.

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0270),

AMENDMENTS

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90189/2023),

The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to take the following into account:

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Amendment 1

– having regard to the opinion of the European Economic and Social Committee of 20 September 2023,

Proposal for a directive

– after consulting the Committee of the Regions,

Recital 7

– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 28 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

Text proposed by the Commission

– having regard to Rule 59 of its Rules of Procedure,

Amendment

– having regard to the opinion of the Committee on Fisheries,

(7) Fishing vessels less than 15 metres in length are at present excluded from the scope of Directive 2009/18/EC, therefore the conduct of maritime accident investigations involving such fishing vessels is non-systematic and non-harmonised. Such vessels are more prone to capsizing and members of the crew falling overboard is relatively common. Therefore, there is a need to protect those fishing vessels, their crew and the environment by introducing a preliminary assessment of very serious marine casualties involving fishing vessels less than 15 metres long to determine whether the authorities should open a safety investigation.

– having regard to the report of the Committee on Transport and Tourism (A9-0422/2023),

(7) Fishing vessels less than 15 metres in length are at present excluded from the scope of Directive 2009/18/EC, therefore the conduct of maritime accident investigations involving such fishing vessels is non-systematic and non-harmonised. Such vessels are more prone to accidents and fishers falling overboard is relatively common. Therefore, there is a need to protect fishers, as well as those fishing vessels and the environment by introducing a preliminary assessment of very serious marine casualties involving fishing vessels less than 15 metres long to determine whether the authorities should open a safety investigation.

1. Adopts its position at first reading hereinafter set out;

Or. en

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Amendment 2

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Proposal for a directive

P9_TC1-COD(2023)0164

Recital 8

Position of the European Parliament adopted at first reading on 10 April 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council amending Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and repealing Commission Regulation (EU) No 1286/2011

Text proposed by the Commission

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/3017.)

Amendment

(8) Some definitions provided in Directive 2009/18/EC are not clear. The definition of the length of a fishing vessel should be set out especially when there is a distinction on the approach and the obligations of the marine safety investigation authorities based on the length of the fishing vessel.

(8) Some definitions provided in Directive 2009/18/EC are not clear. In particular, the definition of the length of a fishing vessel should be set out and aligned with existing legislation, especially when there is a distinction on the approach and the obligations of the marine safety investigation authorities based on the length of the fishing vessel.

Or. en

Amendment 3

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/18/EC

Article 2 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts and pleasure craft unless they are used for commercial purposes.

(b) ships not propelled by mechanical means and wooden ships of primitive build.

Or. en

Amendment 4

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2009/18/EC

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

In the case of any other marine casualty or incident involving a fishing vessel of less than 15 metres in length, the investigative body shall decide whether or not a safety investigation is to be undertaken.

Or. en

Amendment 5

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2009/18/EC

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

Where the investigation authority decides not to undertake a safety investigation of a very serious marine casualty involving a fishing vessel of less than 15 metres the reasons for that decision shall be recorded and notified in accordance with Article 17(3).

Where the investigation authority decides not to undertake a safety investigation of a very serious marine casualty or any other marine casualty or incident, involving a fishing vessel of less than 15 metres, the reasons for that decision shall be recorded and notified in accordance with Article 17(3).

Or. en

Amendment 6

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/18/EC

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

3. The activities entrusted to the investigation authority may be extended to the gathering and analysis of data relating to maritime safety, in particular for prevention purposes, insofar as these activities do not affect its independence or entail responsibility in regulatory, administrative or standardisation matters.

3. The activities entrusted to the investigation authority shall also include the gathering and analysis of data relating to maritime safety, in particular for prevention purposes, insofar as these activities do not affect its independence or entail responsibility in regulatory, administrative or standardisation matters.

Or. en

Amendment 7

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point a

Directive 2009/18/EC

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that safety recommendations made by the investigation authorities are duly taken into account by the addressees and, where appropriate, are given an adequate follow-up in accordance with Union and international law.

1. Member States shall ensure that safety recommendations made by the investigation authorities are duly taken into account by the addressees, in particular with a view to preventing future accidents, and, where appropriate, are given an adequate follow-up in accordance with Union and international law.

Or. en

Amendment 8

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point b

Directive 2009/18/EC

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Where appropriate, an investigation authority or the Commission shall make safety recommendations on the basis of an abstract data analysis and of the overall results of safety investigations carried out.

2. The investigation authority or the Commission shall make safety recommendations on the basis of an abstract data analysis and of the overall results of safety investigations carried out.

Or. en

Amendment 9

Proposal for a directive

Article 1 – paragraph 1 – point 14 – point a a (new)

Directive 2009/18/EC

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

(aa) paragraph 1 is replaced by the following:

1. Data on marine casualties and incidents and any relevant lessons drawn from safety investigations shall be stored and analysed by means of a European electronic database to be set up by the Commission, which shall be known as the European Marine Casualty Information Platform (EMCIP).

Or. en