Sittings · Document
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
Committee on Transport and Tourism · Rapporteur: Caroline Nagtegaal
PR_COD_1amCom
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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
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
(COM2023)0270 – C90189/2023 – 2023/0164(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2023)0270),
– 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),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 20 September 2023,
– after consulting the Committee of the Regions,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on Fisheries,
– having regard to the report of the Committee on Transport and Tourism (A9-0422/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Recital 2 a (new)
Text proposed by the Commission
Amendment
(2a) In this regard, the Union, in line with its international commitments related to climate change, should continue exerting its leadership in a sector regulated both at European and international level.
Amendment 2
Proposal for a directive
Recital 7
Text proposed by the Commission
Amendment
(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.
(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 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, without creating additional obligations for national authorities to start such a safety investigation. This measure is expected to have a significant positive impact on the number of lives saved at sea and injuries avoided, protecting in particular the lives and health of European fishers.
Amendment 3
Proposal for a directive
Recital 10 a (new)
Text proposed by the Commission
Amendment
(10a) It is important to highlight that, whilst seafarers, fishers and port workers play a critical role in the management and implementation of safe operations, lessons learned from accidents involving them still have to be implemented. The transparency of accident investigation process should therefore be further developed in collaboration with the industry and social partners.
Amendment 4
Proposal for a directive
Recital 10 b (new)
Text proposed by the Commission
Amendment
(10b) In addition to the measures provided for by this Directive, further initiatives should be considered in order to deal with working conditions and fatigue since incidents including seafarers, fishers and port workers can lead to maritime accidents and loss of lives.
Amendment 5
Proposal for a directive
Recital 10 c (new)
Text proposed by the Commission
Amendment
(10c) Consideration should be given to the working and living conditions of the crew in case of accidents, whether the accident is related to human factors. Whenever necessary, investigators should check whether the crew's working conditions, in particular working and rest times, might have been the cause of the accident in question, in line with the relevant IMO and ILO legislation.
Amendment 6
Proposal for a directive
Recital 11
Text proposed by the Commission
Amendment
(11) The available staff, as well as the operational resources of the Member States’ marine safety investigation authorities vary distinctly, resulting in ineffective and inconsistent reporting on and investigation of marine casualties. Therefore, the Commission, with the assistance of the European Maritime Safety Agency (EMSA) should provide highly specialised analytical support during an individual investigation (soft skills), as well as analytical tools and equipment (hardware).
(11) The available staff, as well as the operational resources of the Member States’ marine safety investigation authorities vary distinctly, resulting in ineffective and inconsistent reporting on and investigation of marine casualties. Therefore, the Commission, with the assistance of the European Maritime Safety Agency (EMSA) should provide highly specialised analytical support during an individual investigation (soft skills), as well as analytical tools and equipment (hardware). Furthermore, cooperation and mutual assistance between Member States in safety investigations should continue to be encouraged and supported, particularly in view of new maritime safety challenges and the need to report compliance with environmental, social, public health and labour law standards, safety on board ships calling at EU ports for both seafarers and dockworkers, with a special focus on the needs for female workers.
Amendment 7
Proposal for a directive
Recital 12
Text proposed by the Commission
Amendment
(12) In light of what has been stated, EMSA should organise trainings on specific techniques and on new developments and technologies which can be relevant for accident investigation in the future. Such training should focus, among others, on renewable and low carbon fuels, which are particularly relevant in view of the “Fit for 55 package”, and automation, as well as on the General Data Protection Regulation (GDPR) rules.
(12) In light of what has been stated, EMSA should organise regular training sessions and certification programmes on specific techniques and on new developments and technologies which can be relevant for accident investigations in the future. New technology can play a role in the decarbonisation of the industry but the way vessels and crews interact with technology can also be a factor in new unknown types of incidents. Such training should focus, among others, on renewable and low carbon fuels, which are particularly relevant in view of the “Fit for 55 package”, automation and autonomous shipping, as well as on the General Data Protection Regulation (GDPR) rules. This will contribute to the collection of more complete data on accidents and injuries aboard those vessels and to improving the health and safety of the seafarers and fishermen working on them.
Amendment 8
Proposal for a directive
Recital 13 a (new)
Text proposed by the Commission
Amendment
(13a) The Commission and EMSA should explore the possibility and cost-benefit of developing and operating advanced track and trace systems for containers, with the goal to locate and limit container loss at sea.
Amendment 9
Proposal for a directive
Recital 14
Text proposed by the Commission
Amendment
(14) In order to ensure uniform conditions for the implementation of the provisions of this Directive regarding the list of IMO texts in its scope, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (24 ).
(14) In order to ensure uniform conditions for the implementation of the provisions of this Directive regarding the adaptation of the IMO Guidelines to assist investigators in the implementation of the Casualty Investigation Code, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (24).
__________________
__________________
24 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
24 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 10
Proposal for a directive
Recital 14 a (new)
Text proposed by the Commission
Amendment
(14a) In order to ensure that this Directive continues to be up-to-date, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending non-essential elements of this Directive by updating the definitions and Annexes in order to align them with changes to the relevant IMO instruments, as well as to update the references made to the relevant IMO instruments. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 11
Proposal for a directive
Recital 15
Text proposed by the Commission
Amendment
(15) In view of the full monitoring cycle of visits to Member States by EMSA to monitor the implementation of this Directive, the Commission should evaluate the implementation of this Directive no later than [ten years after its date of entry into force referred to in Article 23)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all the information necessary for the evaluation.
(15) In view of the full monitoring cycle of visits to Member States by EMSA to monitor the implementation of this Directive, the Commission should evaluate the implementation of this Directive no later than [five years after its date of entry into force referred to in Article 23)], report to the European Parliament and the Council, and, if necessary, propose further measures in the light of the recommendations set out therein. Member States should closely cooperate with the Commission to gather all the information necessary for the evaluation.
Amendment 12
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 2 – subparagraph 1
Text proposed by the Commission
Amendment
In the case of a fishing vessel of less than 15 metres in length, the investigation authority shall carry out a preliminary assessment of the very serious marine casualty to determine whether or not to conduct a safety investigation.
In the case of a fishing vessel of less than 15 metres in length, the investigation authority shall without delay and no later than one month after its occurrence, carry out a preliminary assessment of the very serious marine casualty to determine whether or not to conduct a safety investigation.
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 2 – subparagraph 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 very serious marine casualties 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) without delay and no later than one month after its occurrence.
Amendment 14
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 5
Text proposed by the Commission
Amendment
5. When carrying out safety investigations, the investigation authority shall follow the IMO Guidelines to assist investigators in the implementation of the Casualty Investigation Code. Investigators may depart from these guidelines where this can be justified as necessary, in their professional judgement to achieve the aims of the investigation. The Commission may adapt the guidelines for the purposes of this Directive, taking into account any relevant lessons drawn from safety investigations, in accordance with the procedure referred to in Article 19.
5. When carrying out safety investigations, the investigation authority shall follow the IMO Guidelines to assist investigators in the implementation of the Casualty Investigation Code. Investigators may depart from these guidelines where this can be justified as necessary, in their professional judgement to achieve the aims of the investigation. The Commission may adopt implementing acts to adapt the guidelines for the purposes of this Directive, taking into account any relevant lessons drawn from safety investigations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19.
Amendment 15
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 6
Text proposed by the Commission
Amendment
6. When deciding if a marine casualty or incident occurring alongside, moored or in dock, involving shore or port workers, occurred “directly in connection with the operations of a ship” and therefore is subject to a safety investigation, particular consideration shall be given to the involvement and relevance of the ship’s structure, equipment, procedures, crew and ship management to the activity being undertaken.
6. When deciding if a marine casualty or incident occurring alongside, moored or in dock, involving shore or port workers, occurred “directly in connection with the operations of a ship” and therefore is subject to a safety investigation, particular consideration shall be given to the involvement and relevance to the activity being undertaken, including for all kind of cargo, of the ship’s structure, the general condition of the vessel, its seaworthiness, its safety compliance, its equipment, its procedures, the working conditions of its crew and the ship management.
Amendment 16
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 7
Text proposed by the Commission
Amendment
7. A safety investigation shall be started without delay after the marine casualty or incident occurs and, in any event, no later than two months after its occurrence.
7. A safety investigation shall be started without delay after the marine casualty or incident occurs and, in any event, no later than one month after its occurrence.
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 7 a (new)
Text proposed by the Commission
Amendment
7a. The investigation authority shall make every effort to conclude an investigation within 12 months of the date of the marine casualty or incident. If the investigation cannot be concluded within 12 months, and until it is concluded, the investigation authority shall publish a report at least every year on the anniversary of the date of the marine casualty or incident, detailing the progress of the investigation and any safety issues raised.
Amendment 18
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2009/18/EC
Article 7 – paragraph 1 – subparagraph 3
Text proposed by the Commission
Amendment
The conduct of parallel safety investigations into the same marine casualty or incident shall be strictly limited to exceptional cases. In such cases, Member States shall notify the Commission of the reasons for conducting such parallel investigations. Member States conducting parallel safety investigations shall cooperate with each other. In particular, the investigation authorities involved shall exchange any pertinent information gathered in the course of their respective investigations, in particular in order to reach, as far as possible, shared conclusions.
The conduct of parallel safety investigations into the same marine casualty or incident shall be strictly limited to exceptional cases. In such cases, Member States shall notify the Commission of the reasons for conducting such parallel investigations. Member States conducting parallel safety investigations shall cooperate with each other. In particular, the investigation authorities involved shall exchange information gathered in the course of their respective investigations in a timely manner, in particular in order to reach, as far as possible, shared conclusions.
(32009L0018)
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 1 – subparagraph 3
Text proposed by the Commission
Amendment
In order to carry out a safety investigation in an unbiased manner, the investigation authority shall be independent in its organisation, legal structure and decision-making of any party whose interests could conflict with the task entrusted to it.
In order to carry out a safety investigation in an unbiased manner and in order to avoid any conflict of interests, the investigation authority shall be independent in its organisation, legal structure and decision-making of any party whose interests could conflict with the task entrusted to it.
Amendment 20
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 3
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 be extended to include the gathering and analysis, and processing, 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.
Amendment 21
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 4 – introductory part
Text proposed by the Commission
Amendment
4. Member States, acting in the framework of their respective legal systems, shall ensure that the investigators of its investigation authority, or of any other investigation authority to which it has delegated the task of marine safety investigation, where appropriate in collaboration with the authorities responsible for the judicial inquiry, be provided with any information pertinent to the conduct of the marine safety investigation and therefore be authorised to:
4. Member States, acting in the framework of their respective legal systems, shall ensure that the investigators of its investigation authority, or of any other investigation authority to which it has delegated the task of marine safety investigation, where appropriate in collaboration with the authorities responsible for the judicial inquiry, be provided with any information and technological means pertinent to the conduct of the marine safety investigation and therefore be authorised to:
Amendment 22
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 7 a (new)
Text proposed by the Commission
Amendment
7a. At the request of the responsible national authorities, the Commission and the European Maritime Safety Agency (EMSA) shall assist the responsible national authorities, in accordance with Article 17a(2.; Furthermore, both the Commission and EMSA shall assist accident investigation authorities in the implementation of harmonised EU wide quality management systems and their systematic application.
Amendment 23
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2009/18/EC
Article 14 – paragraph 1
Text proposed by the Commission
Amendment
1. Safety investigations carried out under this Directive shall result in a published report presented in a format defined by the competent investigation authority and in accordance with the relevant sections of Annex I.
1. Safety investigations carried out under this Directive shall result in a published report presented in a format defined by the competent investigation authority and in accordance with the relevant sections of Annex I. When the report concerns a fishing vessel, it shall also contain information on the type of fisheries it conducted at the time of the accident.
Amendment 24
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2009/18/EC
Article 14 – paragraph 2
Text proposed by the Commission
Amendment
2. Investigation authorities shall make every effort to make the report referred to in paragraph 1, including its conclusions and any possible recommendations, available to the public, and especially to the maritime sector, within 12 months of the date of the casualty. If it is not possible to produce the final report within that time, an interim report shall be published within 12 months of the date of the casualty.
2. Investigation authorities shall make every effort to make the report referred to in paragraph 1, including its conclusions and any possible recommendations, available, where possible, to the victims of accidents and their close relatives, to the public, and especially to the maritime and fishing sector, within 12 months of the date of the casualty. If it is not possible to produce the final report within that time, an interim report shall be published within 12 months of the date of the casualty.
Amendment 25
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.
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2009/18/EC
Article 17a – paragraph 1
Text proposed by the Commission
Amendment
1. The Commission shall facilitate the development of capacities as well as the sharing of knowledge within and between the investigation authorities through the provision of training on new legal and technological developments, specific techniques and tools and technologies relating to ships, their equipment and operations.
1. The Commission and the European Maritime Safety Agency (EMSA) shall facilitate the development of capacities as well as the sharing of knowledge within and between the investigation authorities through the provision of regular training sessions and certifications on new legal and technological developments, specific techniques and tools and technologies relating to ships, their equipment and operations.
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2009/18/EC
Article 17a – paragraph 2
Text proposed by the Commission
Amendment
2. Upon request of the investigation authorities of the Member States, and assuming that no conflict of interest arises, the Commission shall provide operational support to these Member States in the conduct of their safety investigations. Such support include the provision of specialised analytical tools or equipment, as well as expertise.
2. Upon request of the investigation authorities of the Member States, and assuming that no conflict of interest arises, the Commission and EMSA shall provide operational and technological support to these Member States in the conduct of their safety investigations. Such support include the provision of specialised analytical tools or equipment, as well as expertise.
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2009/18/EC
Article 17a – paragraph 2a (new)
Text proposed by the Commission
Amendment
2a. The Commission shall provide EMSA with the necessary and sufficient means to organise dedicated training to investigation authorities on the use of investigative technologies, equipment and on new technologies related to safety aspects of digitalisation and sustainable developments in maritime transport.
Amendment 29
Proposal for a directive
Article 1 – paragraph 1 – point 17 – introductory part
Text proposed by the Commission
Amendment
(17) in Article 20 the fourth paragraph is replaced by the following:
(17) Article 20 is replaced by the following:
(32009L0018)
Amendment 30
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2009/18/EC
Article 20 – paragraph 1
Present text
Amendment
The Commission may update definitions in this Directive, and the references made to Community acts and to IMO instruments in order to bring them into line with Community or IMO measures which have entered into force, subject to observance of the limits of this Directive.
The Commission shall adopt delegated acts in accordance with Article 20a to amend non-essential elements of this Directive by updating the definitions and Annexes in order to align them with changes to the relevant IMO instruments, as well as to update the references made to the relevant IMO instruments which have entered into force, subject to observance of the limits of this Directive.
(32009L0018)
Amendment 31
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2009/18/EC
Article 20 – paragraph 2
Present text
Amendment
Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).
deleted
(32009L0018)
Amendment 32
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2009/18/EC
Article 20 – paragraph 3
Present text
Amendment
Acting in accordance with the same procedure, the Commission may also amend the Annexes.
deleted
(32009L0018)
Amendment 33
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Directive 2009/18/EC
Article 20 a (new)
Text proposed by the Commission
Amendment
(17a) the following Article 20a is inserted:
‘Article 20a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 20 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force].
3. The delegation of power referred to in Article 20 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 20 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’
Amendment 34
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 2009/18/EC
Article 23 – paragraph 1
Text proposed by the Commission
Amendment
The Commission shall by [OP: Please insert a date: ten years from the date of entry into force of this amending Directive] submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive.
The Commission shall by [OP: Please insert a date: five years from the date of entry into force of this amending Directive] submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive, and, if necessary, propose further measures in the light of the recommendations set out therein, taking into consideration the possibility for mandatory accident investigation for fishing vessels below 15 meters to be included in the scope of this Directive.
Amendment 35
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2009/18/EC
Annex II – point 30 a (new)
Present text
Amendment
(19a) In Annex II, point 30 a is added:
(30a) Container lost at sea
(32009L0018)
EXPLANATORY STATEMENT
This Commission proposal concerns a modification of 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.
The Directive provides for a system of safety investigations to learn lessons from maritime accidents and to prevent their reoccurrence. Maritime accidents falling within the scope of the Directive are investigated to improve maritime safety and to protect the marine environment.
The general objective of the revision of the Directive is to improve maritime safety and the protection of the marine environment. The current EU regulatory framework should be updated in order to (i) maintain EU rules where necessary and proportionate; (ii) ensure their correct implementation; and (iii) eliminate any potential overlap of obligations and inconsistencies between related pieces of legislation. The overarching objective is to provide for a clear, simple and up-to-date legal framework that increases the overall level of safety.
The Rapporteur proposes some amendments aiming at full alignment with international maritime law, a realistic approach towards the scope as well as safety investigation, and enhanced safety for port workers involved in maritime accidents.
Firstly, the proposal stipulates that safety investigation shall start no later than two months after its occurrence. Your rapporteur suggests shortening up this period, in order to increase the efficiency and effectiveness of the investigation process.
Secondly, concerning the scope, the European Commission suggests paying more attention to the causes of fishing vessel accidents and incidents. Analysing the possible consequences for smaller fishing vessels’ inclusion into the scope of this Directive, your Rapporteur raised some doubts about the practicality of an extended scope. Being aware that it could be very worthwhile to facilitate Member States’ involvement in conducting small fishing vessel casualty investigation, based on standardized casualty-related data, including smaller fishing vessels in the scope of this Directive may have a big impact on the resources available of Member States’ investigation authorities. Concisely, it is a question of practicality and of feasibility from Member States perspective.
Finally, the Rapporteur considers that the Directive should be in line with international maritime law, and thereby IMO legislation. This means that the provisions in the Directive should be flexible enough (need of dynamic references to international legislation) so that the directive can be adjusted following any changes of IMO legislation.
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
Entity and/or person
KVNR – Royal Association of Netherlands Shipowners
ECSA – European Community Shipowners' Association
FEPORT – Federation of European Private Port Companies and Terminals
IACS – International Association of Classification Societies
NGO IFAW – International Fund for Animal Welfare
NGO Surfrider Foundation Europe
The list above is drawn up under the exclusive responsibility of the rapporteur.
29.11.2023
OPINION OF THE COMMITTEE ON FISHERIES
for the Committee on Transport and Tourism
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)270 – C90189/2023 – 2023/0164(COD))
Rapporteur for opinion: Niclas Herbst
SHORT JUSTIFICATION
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.
Substance of the Proposal
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.
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.
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.
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.
Position of the Rapporteur
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.
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.
AMENDMENTS
The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to take the following into account:
Amendment 1
Proposal for a directive
Recital 7
Text proposed by the Commission
Amendment
(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.
(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 those fishers, fishing vessels and the environment as well as gather data to be able to better prevent future accidents by introducing the obligation for the investigation authority to carry out a preliminary assessment of very serious marine casualties involving fishing vessels less than 15 metres in length to determine whether the authorities should open a safety investigation as well as collecting data on the type of fisheries involved in accidents leading to very serious marine casualties.
Amendment 2
Proposal for a directive
Recital 8
Text proposed by the Commission
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.
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.
Amendment 4
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2009/18/EC
Article 3 – paragraph 1 – point 9 a (new)
Text proposed by the Commission
Amendment
9 a. “fishing vessel” shall be understood in accordance with the definition contained in Article 4 of Regulation 1224/2009
Amendment 5
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Each Member State shall ensure that a safety investigation is carried out by the investigation authority referred to in Article 8 after very serious marine casualties:
1. Each Member State shall ensure that a safety investigation is carried out by the investigation authority referred to in Article 8 after very serious marine casualties or a serious injury:
Amendment 6
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 1 – point a
Text proposed by the Commission
Amendment
(a) involving a ship flying its flag, irrespective of the location of the casualty;
(a) involving a ship flying its flag, irrespective of the size and type of vessel and the location of the casualty;
Amendment 7
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 1 – point b
Text proposed by the Commission
Amendment
(b) occurring within its territorial sea and internal waters as defined in UNCLOS, irrespective of the flag of the ship or ships involved in the casualty; or
(b) occurring within its territorial sea and internal waters as defined in UNCLOS, irrespective of the flag, size and type of the ship or ships involved in the casualty; or
Amendment 8
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 1 – point c
Text proposed by the Commission
Amendment
(c) involving a substantial interest of the Member State, irrespective of the location of the casualty and of the flag of the ship or ships involved.
(c) involving a substantial interest of the Member State, irrespective of the location of the casualty and of the flag, size and type of the ship or ships involved.
Amendment 9
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 2 – subparagraph 1
Text proposed by the Commission
Amendment
In the case of a fishing vessel of less than 15 metres in length, the investigation authority shall carry out a preliminary assessment of the very serious marine casualty to determine whether or not to conduct a safety investigation.
In the case of a fishing vessel of less than 15 metres in length, the investigation authority shall carry out a preliminary assessment of the very serious marine casualty or serious injury to determine whether or not to conduct a safety investigation.
Amendment 10
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 2 – subparagraph 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 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), and the Commission shall be able to request additional information to the investigation authorities regarding the decision not to undertake the safety investigation. The Commission may request that the investigation authority shall undertake the corresponding safety investigation.
Amendment 11
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 4 – introductory part
Text proposed by the Commission
Amendment
4. Member States, acting in the framework of their respective legal systems, shall ensure that the investigators of its investigation authority, or of any other investigation authority to which it has delegated the task of marine safety investigation, where appropriate in collaboration with the authorities responsible for the judicial inquiry, be provided with any information pertinent to the conduct of the marine safety investigation and therefore be authorised to:
4. Member States, acting in the framework of their respective legal systems, shall ensure that the investigators of its investigation authority, or of any other investigation authority to which it has delegated the task of marine safety investigation, where appropriate in close collaboration with the authorities responsible for the judicial inquiry, be provided with any information pertinent to the conduct of the marine safety investigation and therefore be authorised to:
Amendment 12
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 6 a (new)
Text proposed by the Commission
Amendment
6 a. Member States shall take the necessary measures to assist accident victims and close relatives and shall ensure that they are provided with relevant information and support in the investigation process.
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2009/18/EC
Article 14– paragraph 1
Text proposed by the Commission
Amendment
1. Safety investigations carried out under this Directive shall result in a published report presented in a format defined by the competent investigation authority and in accordance with the relevant sections of Annex I.
1. Safety investigations carried out under this Directive shall result in a published report presented in a format defined by the competent investigation authority and in accordance with the relevant sections of Annex I. When the report concerns a fishing vessel, it shall also contain information on the type of fisheries it conducted at the time of the accident.
Amendment 14
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2009/18/EC
Article 14 – paragraph 2
Text proposed by the Commission
Amendment
2. Investigation authorities shall make every effort to make the report referred to in paragraph 1, including its conclusions and any possible recommendations, available to the public, and especially to the maritime sector, within 12 months of the date of the casualty. If it is not possible to produce the final report within that time, an interim report shall be published within 12 months of the date of the casualty.
2. Investigation authorities shall make every effort to make the report referred to in paragraph 1, including its conclusions and any possible recommendations, available, where possible, to the victims of accidents and their close relatives, to the public, and especially to the maritime and fishing sector, within 12 months of the date of the casualty. If it is not possible to produce the final report within that time, an interim report shall be published within 12 months of the date of the casualty.
Amendment 15
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.
Amendment 16
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.
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a (new)
Directive 2009/18/EC
Article 17 – paragraph 1
Text proposed by the Commission
Amendment
(-a) paragraph 1 is replaced by the following:
1. Data on marine casualties and incidents 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).
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).
Amendment 18
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2009/18/EC
Article 17 – paragraph 3
Text proposed by the Commission
Amendment
3. The investigation authorities of the Member States shall notify all very serious marine casualties to EMCIP. The Member States may decide upon and nominate the competent national authority or authorities to report on all other marine casualties and incidents. When the Commission is aware of a marine casualty or incident, it shall also report thereon to EMCIP.
3. The investigation authorities of the Member States shall notify all very serious marine casualties to EMCIP. The Member States may decide upon and nominate the competent national authority or authorities to report on all other marine casualties and incidents. When the Commission is aware of a marine casualty or incident, it shall also report thereon to EMCIP. When the notification concerns a fishing vessel, it shall also contain information on the type of fisheries it conducted at the time of the accident.
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 2009/18/EC
Article 23 – paragraph 1
Text proposed by the Commission
Amendment
The Commission shall by [OP: Please insert a date: ten years from the date of entry into force of this amending Directive] submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive.
The Commission shall by [OP: Please insert a date: ten years from the date of entry into force of this amending Directive] and every five years thereafter submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive and, where appropriate, present proposals for improvements. When preparing this report the Commission shall, where appropriate, make use of information gathered by EU agencies such as EFCA and EMSA.
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:
Entity and/or person
European Transport Workers’ Federation Andrea Albertazzi Policy Officer for Fisheries
European Boating Industry, Philip Easthill
The list above is drawn up under the exclusive responsibility of the rapporteur.
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title
Amending Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector
References
COM(2023)0270 – C9-0189/2023 – 2023/0164(COD)
Committee responsible
Date announced in plenary
TRAN
12.6.2023
Opinion by
Date announced in plenary
PECH
12.6.2023
Rapporteur for the opinion
Date appointed
Niclas Herbst
12.9.2023
Discussed in committee
9.10.2023
Date adopted
29.11.2023
Result of final vote
+:
–:
0:
24
0
0
Members present for the final vote
Clara Aguilera, João Albuquerque, Pietro Bartolo, Izaskun Bilbao Barandica, Isabel Carvalhais, Maria da Graça Carvalho, Asger Christensen, Rosa D’Amato, Francisco Guerreiro, Anja Haga, Niclas Herbst, Ladislav Ilčić, France Jamet, Predrag Fred Matić, Francisco José Millán Mon, Ana Miranda, João Pimenta Lopes, Caroline Roose, Bert-Jan Ruissen, Marc Tarabella, Theodoros Zagorakis
Substitutes present for the final vote
Gabriel Mato
Substitutes under Rule 209(7) present for the final vote
Erik Poulsen, Anne Sander
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
Key to symbols:
PROCEDURE – COMMITTEE RESPONSIBLE
Title
Amending Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector
References
COM(2023)0270 – C9-0189/2023 – 2023/0164(COD)
Date submitted to Parliament
1.6.2023
Committee responsible
Date announced in plenary
TRAN
12.6.2023
Committees asked for opinions
Date announced in plenary
PECH
12.6.2023
Rapporteurs
Date appointed
Caroline Nagtegaal
20.7.2023
Discussed in committee
9.10.2023
Date adopted
7.12.2023
Result of final vote
+:
–:
0:
40
0
0
Members present for the final vote
José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Karolin Braunsberger-Reinhold, Marco Campomenosi, Sara Cerdas, Jakop G. Dalunde, Karima Delli, Mario Furore, Isabel García Muñoz, Jens Gieseke, Bogusław Liberadzki, Peter Lundgren, Elżbieta Katarzyna Łukacijewska, Tilly Metz, Cláudia Monteiro de Aguiar, Caroline Nagtegaal, Tomasz Piotr Poręba, Bergur Løkke Rasmussen, Dominique Riquet, Thomas Rudner, Nicolae Ştefănuță, Vera Tax, Barbara Thaler, István Ujhelyi, Achille Variati, Elissavet Vozemberg-Vrionidi, Lucia Vuolo, Kosma Złotowski
Substitutes present for the final vote
Tom Berendsen, Maria Grapini, Ljudmila Novak, Dorien Rookmaker, Kathleen Van Brempt
Substitutes under Rule 209(7) present for the final vote
Pascal Arimont, Andreas Glück, Ondřej Kovařík, Erik Marquardt, Andżelika Anna Możdżanowska, Wolfram Pirchner, Eugen Tomac
Date tabled
8.12.2023
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
Key to symbols: