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

On the proposal for a directive of the European Parliament and of the Council 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

TRAN-PR-753003

Committee on Transport and Tourism · Rapporteur: Caroline Nagtegaal

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This draft report by the Committee on Transport and Tourism sets out Parliament's amendments to the proposed directive amending Directive 2009/18/EC on the investigation of accidents in the maritime transport sector. It proposes that fishing vessels under 15 metres be covered only after a preliminary assessment, that the Commission conduct an ex-ante assessment and cost-benefit analysis, and that safety investigations start within one month. It strengthens the independence of investigation authorities, their access to information and technological means, and the support and training provided by the Commission and the European Maritime Safety Agency (EMSA). It gives the Commission power to adopt delegated acts to update the directive's definitions and Annexes in line with changes to international maritime law regulated by the International Maritime Organization (IMO).

Committee position. The rapporteur proposes amendments to align the directive with international maritime law, take a realistic approach to the scope and safety investigation, and enhance safety for port workers. She suggests shortening the investigation start deadline to one month, including small fishing vessels only after a preliminary assessment and an ex-ante assessment and cost-benefit analysis, and using dynamic references to IMO legislation.

Key points

  1. Fishing vessels less than 15 metres in length would be included in the directive's scope, unless the investigation authority decides after a preliminary assessment not to open a safety investigation.
  2. The Commission should conduct an ex-ante assessment and a cost-benefit analysis of extending the scope to fishing vessels less than 15 metres, to avoid administrative burden on national investigative authorities.
  3. For fishing vessels under 15 metres, the investigation authority may carry out a preliminary assessment of a very serious marine casualty to decide whether to conduct a safety investigation.
  4. The requirement to record and notify reasons for not undertaking a safety investigation of a very serious marine casualty involving a fishing vessel under 15 metres would be deleted.
  5. When deciding whether a casualty alongside, moored or in dock involving shore or port workers is subject to a safety investigation, a health and safety checklist shall be completed when necessary.
  6. A safety investigation shall start no later than one month after the marine casualty or incident occurs.
  7. Parallel safety investigations into the same casualty shall be strictly limited to exceptional cases, with Member States notifying the Commission and exchanging information in a timely manner to reach shared conclusions.
  8. Substantially interested States should assist the investigating Member State with access to all information, and investigators should be granted access to government surveyors, coastguard officers, ship traffic service operators, pilots and other marine personnel.
  9. Investigation authorities shall be independent in organisation, legal structure and decision-making to avoid conflicts of interest, and their activities shall be extended to include gathering, analysis and processing of maritime safety data for prevention.
  10. Member States shall ensure investigators are provided with any information and technological means pertinent to the investigation, and investigators may call for the assistance of the Commission and EMSA.
  11. The Commission and EMSA shall facilitate capacity development and knowledge sharing through regular training sessions and certifications, and shall provide operational and technological support and dedicated training to investigation authorities on request.
  12. The Commission shall adopt delegated acts to amend the directive by updating definitions and Annexes to comply with changes to international maritime law regulated by the IMO, subject to conditions including a two-month objection period for Parliament and Council.

Who is affected

  • Fishing vessels less than 15 metres in length and their crews, who would be covered by the directive subject to a preliminary assessment.
  • National investigation authorities, which would gain access to information, technological means and support from the Commission and EMSA.
  • Shore and port workers involved in maritime accidents, for whom a health and safety checklist shall be completed when necessary.
  • The Commission and EMSA, which would provide training, certification, operational and technological support to investigation authorities.
  • Substantially interested States, which should assist the investigating Member State with access to information and personnel.

Figures and deadlines

  • Fishing vessels less than 15 metres in length are the threshold for inclusion in the directive's scope.
  • A safety investigation shall start no later than one month after the marine casualty or incident occurs.
  • A delegated act shall enter into force only if no objection is expressed by Parliament or Council within a period of two months of notification.

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