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DRAFT OPINION (COM(2023)270 – C90194/2023 – 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

PECH-PA-753424

Committee on Fisheries · Rapporteur: Niclas Herbst

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The Committee on Fisheries gives its draft opinion on the Commission proposal to amend Directive 2009/18/EC on investigating maritime accidents. It asks the transport committee to extend safety investigations to fishing vessels under 15 metres and to injuries, and to require reasons when no investigation is opened. The rapporteur wants investigation authorities to gather and analyse maritime safety data for prevention, and to justify any decision not to investigate. The amendments change recitals and articles on the definition of vessel length, the duty to investigate, reporting to the European Marine Casualty Information Platform (EMCIP), and safety recommendations.

Committee position. The Committee on Fisheries calls on the Committee on Transport and Tourism to take into account its amendments: extend investigations to injuries, require justification for not investigating, task authorities with data gathering and analysis, and adjust recitals and articles on scope, definitions, reporting and recommendations.

Key points

  1. The proposal extends the scope of Directive 2009/18/EC to all fishing vessels, including those less than 15 metres long, which are currently excluded.
  2. The length of a fishing vessel is specified as the length overall in accordance with Article 2 of Regulation (EU) 2017/1130.
  3. For a very serious marine casualty involving a fishing vessel under 15 metres, member states must at least carry out a preliminary assessment to decide whether a safety investigation is needed.
  4. Member states have reporting obligations to the European Marine Casualty Information Platform (EMCIP) for very serious marine casualties involving fishing vessels under 15 metres.
  5. The rapporteur says investigations should also cover personal injuries of fishers with risk of disability or impairment, not only loss of vessel or life.
  6. If an investigation authority decides not to investigate a very serious marine casualty or any other casualty or incident, it should justify that decision.
  7. The investigation authority should be tasked with gathering and systematically analysing maritime safety data, in particular for prevention purposes.
  8. Amendment 1 changes Recital 7 to refer to accidents instead of capsizing, to fishers instead of crew members, and to protecting fishers, fishing vessels and the environment.
  9. Amendment 2 changes Recital 8 to say the definition of the length of a fishing vessel should be set out and aligned with existing legislation.
  10. Amendment 3 removes the exemption for pleasure yachts and pleasure craft unless used for commercial purposes from the ships excluded from the Directive.
  11. Amendment 4 adds that for any other marine casualty or incident involving a fishing vessel under 15 metres, the investigative body shall decide whether to undertake a safety investigation.
  12. Amendments 7 and 8 require safety recommendations to be taken into account with a view to preventing future accidents, and allow the investigation authority or the Commission to make recommendations based on abstract data analysis.

Who is affected

  • Fishing vessels under 15 metres and their crews, who would be covered by safety investigations and preliminary assessments.
  • Member states, which must carry out preliminary assessments and report to EMCIP for very serious casualties involving small fishing vessels.
  • Marine safety investigation authorities, which must justify decisions not to investigate and gather and analyse safety data.
  • Addressees of safety recommendations, who must take them into account and follow them up where appropriate.

Figures and deadlines

  • 124 636 fishers: direct employment generated by the fishing sector in 2022.
  • 24,000 fatalities: estimated worldwide per year in fisheries by the International Labour Organization in 1997.
  • Approximately 10% of EU vessels: covered by Directives 93/103/EC and 97/70/EC.
  • 15 metres: length threshold for fishing vessels excluded from Directive 2009/18/EC and subject to preliminary assessment.