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
PECH-AD-753424
Committee on Fisheries · Rapporteur: Niclas Herbst
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The Committee on Fisheries gives its opinion on the Commission proposal to amend Directive 2009/18/EC on accident investigations in maritime transport. It proposes amendments to extend safety investigations to serious injuries, to cover all vessels regardless of size, and to gather data on the type of fisheries involved in accidents.¶¶¶ The amendments require investigation authorities to carry out a preliminary assessment for very serious marine casualties or serious injuries involving fishing vessels under 15 metres, and to justify any decision not to investigate. The Commission may request additional information or require an investigation.¶¶ The amendments also require Member States to assist accident victims and their close relatives, to publish reports within 12 months, and to include information on the type of fisheries in reports and EMCIP notifications concerning fishing vessels.¶¶¶
Committee position. The Committee on Fisheries proposes amendments to extend safety investigations to serious injuries, to cover all vessels regardless of size, to require justification for not investigating, to gather data on fisheries type, and to assist victims.¶¶¶
Key points
- The Committee on Fisheries calls on the Committee on Transport and Tourism to take its amendments into account.¶
- Fishing vessels under 15 metres are currently excluded from Directive 2009/18/EC, so accident investigations involving them are non-systematic and non-harmonised.¶
- The proposal extends the scope of the Directive to all fishing vessels, including those under 15 metres, and defines length overall in line with Regulation (EU) 2017/1130.¶
- Member States must at least carry out a preliminary assessment for very serious marine casualties involving fishing vessels under 15 metres to decide whether to open a safety investigation.¶
- The rapporteur proposes that safety investigations also cover serious injuries with risk of disability, not only very serious casualties, and that authorities justify decisions not to investigate.¶
- Investigation authorities should gather and systematically analyse maritime safety data for prevention purposes.¶
- Amendment 1 changes Recital 7 to require the investigation authority to carry out a preliminary assessment and to collect data on the type of fisheries involved in accidents.¶
- Amendment 3 removes the exclusion of pleasure yachts and pleasure craft used for commercial purposes from the Directive's scope.¶
- Amendment 4 defines 'fishing vessel' in accordance with Article 4 of Regulation 1224/2009.¶
- Amendments 5 to 8 require safety investigations after very serious marine casualties or serious injuries, irrespective of the size and type of vessel and location.¶¶¶
- Amendment 10 allows the Commission to request additional information on decisions not to investigate and to require the investigation authority to undertake the safety investigation.¶
- Amendments 12 to 19 require Member States to assist accident victims and close relatives, include fisheries type in reports and EMCIP notifications, and require the Commission to report every five years using information from EU agencies such as EFCA and EMSA.¶¶¶
Who is affected
- Fishing vessels under 15 metres and their crews, who would be covered by safety investigations and preliminary assessments.¶¶¶
- Member States' marine safety investigation authorities, which must carry out preliminary assessments, justify decisions, and report to EMCIP.¶¶
- Accident victims and their close relatives, who must be provided with information and support.¶¶
- The Commission, which may request additional information, require investigations, and report to Parliament and the Council.¶¶
Figures and deadlines
- 124 636 fishers in direct employment in 2022.¶
- 24,000 fatalities worldwide per year in fisheries, estimated by the International Labour Organization in 1997.
- Approximately 10% of EU vessels are covered by Directives 93/103/EC and 97/70/EC.
- Fishing vessels less than 15 metres in length are excluded from Directive 2009/18/EC.¶
- Reports must be made available within 12 months of the date of the casualty.¶
- The Commission shall submit a report ten years from the date of entry into force of the amending Directive and every five years thereafter.¶