What changed between the plenary report and the adopted text

Removed:Recital 10 a (new): (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.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/3017.)

Removed:Recital 10 b (new): (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.

Removed:Recital 10 c (new): (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.

Removed:Recital 11: (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.

Removed:Recital 12: (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.

Removed:Recital 13 a (new): (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.

Removed:Recital 14: (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).

Removed:Recital 14 a (new): (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.

Removed:Recital 15: (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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 2 – subparagraph 1: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 2 – subparagraph 2: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 5: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 6: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 7: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 7 a (new): 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 7, Article 7 – paragraph 1 – subparagraph 3: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 1 – subparagraph 3: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 3: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 4 – introductory part: 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:

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 7 a (new): 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 11, Article 14 – paragraph 1: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 11, Article 14 – paragraph 2: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 12 – point a, Article 15 – paragraph 1: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 15, Article 17a – paragraph 1: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 15, Article 17a – paragraph 2: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 15, Article 17a – paragraph 2a (new): 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.

Removed:Article 1 – paragraph 1 – point 17 – introductory part: (17) Article 20 is replaced by the following:

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 17, Article 20 – paragraph 1: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 17, Article 20 – paragraph 2: deleted

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 17, Article 20 – paragraph 3: deleted

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 17 a (new), Article 20 a (new): (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 p…

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 18, Article 23 – paragraph 1: 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.

Removed:Directive 2009/18/EC

Removed:Article 1 – paragraph 1 – point 19 a (new), Annex II – point 30 a (new): (19a) In Annex II, point 30 a is added: / (30a) Container lost at sea

Removed: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.

Removed: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.

Removed: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.

Removed: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.

Removed: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.

Removed: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.

Removed: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.