Sittings · Document
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
Committee on Transport and Tourism · Rapporteur: Caroline Nagtegaal
PR_COD_1amCom
Symbols for procedures
* Consultation procedure
*** Consent procedure
***I Ordinary legislative procedure (first reading)
***II Ordinary legislative procedure (second reading)
***III Ordinary legislative procedure (third reading)
(The type of procedure depends on the legal basis proposed by the draft act.)
Amendments to a draft act
Amendments by Parliament set out in two columns
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Amendments by Parliament in the form of a consolidated text
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.
By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
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 ... ,
– having regard to the opinion of the Committee of the Regions of ... ,
– 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 (A90000/2023),
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 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. Introducing a possibility for 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 would bring some benefits in terms of protecting those fishing vessels and their crew. However, the Commission should conduct an ex-ante assessment and a cost-benefit analysis of the extension of the scope to fishing vessels less than 15 meters in lenght in order to avoid any administrative burden on national investigative authorities.
Or. en
Amendment 2
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. 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.
Or. en
Amendment 3
Proposal for a directive
Recital 14 a (new)
Text proposed by the Commission
Amendment
(14a) In order to ensure that the Annexes are 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 the Annexes in the light of changes to international maritime law, as regulated by the IMO. 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..
Or. en
Amendment 4
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2009/18/EC
Article 2 – paragraph 2 – point d
Text proposed by the Commission
Amendment
(b) Point (d) is deleted
(b) Point (d) is replaced by the following:
(d) fishing vessels with a length of less than 15 meters, unless the investigation authority decides not to open a safety investigation on the basis of a preliminary assessment.
Or. en
Amendment 5
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 may carry out a preliminary assessment of the very serious marine casualty to determine whether or not to conduct a safety investigation.
Or. en
Amendment 6
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).
deleted
Or. en
Amendment 7
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 of the ship’s structure, equipment, procedures, crew and ship management to the activity being undertaken. When necessary, a health and safety checklist shall be completed.
Or. en
Amendment 8
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.
Or. en
Amendment 9
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
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 any 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.
Or. en
Amendment 10
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2009/18/EC
Article 7 – paragraph 1a
Text proposed by the Commission
Amendment
1a. During the conduct of the marine safety investigation, substantially interested States should assist to the extent practical, the marine safety investigating Member State(s) with access to relevant information for the marine safety investigation. The investigator or investigators carrying out a marine safety investigation should also be granted access to Government surveyors, coastguard officers, ship traffic service operators, pilots and other marine personnel of the substantially interested State.
1a. During the conduct of the marine safety investigation, substantially interested States should assist to the extent practical, the marine safety investigating Member State(s) with access to all information for the marine safety investigation. The investigator or investigators carrying out a marine safety investigation should also be granted access to Government surveyors, coastguard officers, ship traffic service operators, pilots and other marine personnel of the substantially interested State.
Or. en
Amendment 11
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.
Or. en
Amendment 12
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, 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.
Or. en
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 4
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:
Or. en
Amendment 14
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 4 – point i a (new)
Text proposed by the Commission
Amendment
(ia) call for the assistance of the Commission and the European Maritime Safety Agency (EMSA), in accordance with Article 17a(2);
Or. en
Amendment 15
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.
Or. en
Amendment 16
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 the 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.
Or. en
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2009/18/EC
Article 17a – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2a. The Commission and the EMSA shall provide dedicated training to investigation authorities on the use of investigative technologies, equipment and on new technologies relating to the developments in maritime transport.
Or. en
Amendment 18
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:
Or. en
(32009L0018)
Amendment 19
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 this Directive by updating the definitions and Annexes in order to comply with changes to international maritime law, as regulated by the IMO, as well as to update the references made to other Union acts and to IMO instruments which have entered into force, subject to observance of the limits of this Directive.
Or. en
(32009L0018)
Amendment 20
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
Or. en
(32009L0018)
Amendment 21
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
Or. en
(32009L0018)
Amendment 22
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.
Or. en
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.