What changed between the plenary report and the adopted text

Removed:DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Added:TEXTS ADOPTED

Removed: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

Added:P9_TA(2024)0200

Removed:(COM2023)0270 – C90189/2023 – 2023/0164(COD))

Added:Amending Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector

Added:Committee on Transport and Tourism

Added:PE753.003

Added:European Parliament legislative resolution of 10 April 2024 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 (COM(2023)0270 – C9-0189/2023 – 2023/0164(COD))

7 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– 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 20 September 2023,

– after consulting the Committee of the Regions,

Added:– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 28 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

6 unchanged paragraphs

– 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 (A9-0422/2023),

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.

Change 1

Removed:Recital 2 a (new): (2a) In this regard, the Union, in line with its international commitments related to climate change, should continue exerting its leadership in a sector regulated both at European and international level.

Added:P9_TC1-COD(2023)0164

Removed:Recital 7: (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 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, without creating additional obligations for national authorities to start such a safety investigation. This measure is expected to have a significant positive impact on the number of lives saved at sea and injuries avoided, protecting in particular the lives and health of European fishers.

Added:Position of the European Parliament adopted at first reading on 10 April 2024 with a view to the adoption of Directive (EU) 2024/… 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 and repealing Commission Regulation (EU) No 1286/2011

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:(32009L0018)

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.