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REPORT (COM(2023)0270 – C90189/2023 – 2023/0164(COD))

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

A-9-2023-0422

Committee on Transport and Tourism · Rapporteur: Caroline Nagtegaal

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal to amend Directive 2009/18/EC on maritime accident investigation. It adds a preliminary assessment for very serious casualties involving fishing vessels under 15 metres, shortens investigation deadlines, and requires reports within 12 months. It gives the Commission delegated powers to update definitions and Annexes to align with IMO instruments, and requires EMSA to provide training, certification and operational support to national investigation authorities. It strengthens rules on independence of investigation authorities, parallel investigations, data gathering, and publication of reports, including to victims and their relatives. It calls for consideration of crew working conditions, fatigue and transparency, and for exploring track and trace systems for containers.

Committee position. The committee proposes amendments to align with international maritime law, shorten investigation deadlines, introduce preliminary assessments for small fishing vessels, and enhance safety for port workers and transparency.

Key points

  1. The Union should continue exerting leadership in maritime transport in line with its international climate commitments.
  2. A preliminary assessment of very serious marine casualties involving fishing vessels under 15 metres is introduced to decide whether to open a safety investigation, without creating additional obligations for national authorities.
  3. Transparency of accident investigations should be developed with industry and social partners, and working conditions and fatigue of seafarers, fishers and port workers should be addressed.
  4. Investigators should check whether crew working conditions, in particular working and rest times, might have caused an accident, in line with IMO and ILO legislation.
  5. The Commission and EMSA should provide specialised analytical support and tools, and cooperation between member states should be encouraged, with attention to female workers.
  6. EMSA should organise regular training and certification on new technologies, renewable and low carbon fuels, automation, autonomous shipping and GDPR rules.
  7. The Commission and EMSA should explore developing advanced track and trace systems for containers to locate and limit container loss at sea.
  8. The Commission should adopt delegated acts to update definitions and Annexes to align with IMO instruments, with scrutiny by Parliament and Council.
  9. The Commission should evaluate the Directive no later than five years after entry into force and report to Parliament and the Council, with member states cooperating to gather information.
  10. For fishing vessels under 15 metres, the investigation authority must carry out a preliminary assessment without delay and no later than one month after the casualty, and record reasons if no investigation is opened.
  11. Safety investigations must start no later than one month after the casualty, and be concluded within 12 months, with annual progress reports if not.
  12. Investigation authorities must be independent, may gather and process maritime safety data, and must be given information and technological means; the Commission and EMSA shall assist with quality management systems.

Who is affected

  • Member states' marine safety investigation authorities: must conduct preliminary assessments for small fishing vessels, start investigations within one month, and conclude within 12 months.
  • Fishing vessels under 15 metres and their crews: benefit from preliminary assessments of very serious casualties.
  • Seafarers, fishers and port workers: their working conditions, fatigue and safety are to be considered in investigations and reporting.
  • The Commission and EMSA: must provide training, certification, analytical support and explore container track and trace systems.
  • Victims of accidents and their close relatives: must be given access to investigation reports where possible.

Figures and deadlines

  • Fishing vessels less than 15 metres in length are the threshold for preliminary assessment.
  • Preliminary assessment must be carried out no later than one month after the casualty.
  • Safety investigation must start no later than one month after the casualty.
  • Investigation should be concluded within 12 months of the casualty.
  • Reports should be made available within 12 months of the casualty.
  • Evaluation of the Directive should take place no later than five years after entry into force.
  • Delegated acts enter into force only if no objection within two months of notification.

Legal basis: Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union.