Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 18 Sept 2023
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
To · plenary report· 8 Dec 2023
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
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 17
Change 1
Changed:– having regard to the opinionafter ofconsulting the Committee of the Regions of ... ,Regions,
Change 2
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. 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.
Added: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.
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. 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.
Added: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.
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Removed:Recital 14 a (new): (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..
Added: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: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.
Added: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.
Added: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.
Added: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.
Added: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.
Added: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).
Added: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.
Added: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.
Change 3
Changed:Article 1 – paragraph 1 – point 2 – point b,5, Article 25 – paragraph 2 – point d: (b) Point (d) issubparagraph replaced1: byIn the following:case /of (d)a fishing vessels with a lengthvessel of less than 15 meters,metres unlessin length, the investigation authority decidesshall notwithout todelay openand no later than one month after its occurrence, carry out a safetypreliminary investigationassessment onof the basisvery ofserious marine casualty to determine whether or not to conduct a preliminarysafety assessment.investigation.
Change 4
Changed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 2 – subparagraph 1:2: InWhere the caseinvestigation authority decides not to undertake a safety investigation of very serious marine casualties involving a fishing vessel of less than 15 metres in length,metres, the investigationreasons authorityfor maythat carrydecision outshall abe preliminaryrecorded assessmentand ofnotified thein veryaccordance seriouswith marineArticle casualty17(3) towithout determinedelay whetherand orno notlater tothan conductone amonth safetyafter investigation.its occurrence.
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Change 5
Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 2 – subparagraph 2: deleted
Added: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.
Change 6
Changed: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, equipment,the procedures,general crewcondition andof shipthe managementvessel, toits theseaworthiness, activityits beingsafety undertaken.compliance, Whenits necessary,equipment, aits healthprocedures, andthe safetyworking checklistconditions shallof beits completed.crew and the ship management.
Change 7
Removed:Article 1 – paragraph 1 – point 7 – point a, 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 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.
Added: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.
Change 8
Changed:Article 1 – paragraph 1 – point 7 – point b,7, Article 7 – paragraph 1a:1 1a.– Duringsubparagraph the3: The conduct of parallel safety investigations into the same marine safetycasualty investigation,or substantiallyincident interestedshall Statesbe shouldstrictly assistlimited to theexceptional extentcases. practical,In thesuch marinecases, safetyMember investigatingStates Membershall State(s)notify withthe accessCommission toof allthe informationreasons for theconducting marinesuch safetyparallel investigation.investigations. TheMember investigatorStates orconducting investigatorsparallel carryingsafety outinvestigations ashall marinecooperate safetywith each other. In particular, the investigation shouldauthorities alsoinvolved beshall grantedexchange accessinformation togathered Governmentin surveyors,the coastguardcourse officers,of shiptheir trafficrespective serviceinvestigations operators,in pilotsa andtimely othermanner, marinein personnelparticular ofin theorder substantiallyto interestedreach, State.as far as possible, shared conclusions.
Change 9
Changed: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,gathering analysisand analysis, and processingprocessing, 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.
Change 10
Changed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 4:4 – 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:
Change 11
Changed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 4 – point i7 a (new): (ia) call7a. forAt the assistancerequest of the responsible national authorities, the Commission and the European Maritime Safety Agency (EMSA),(EMSA) shall assist the responsible national authorities, in accordance with Article 17a(2);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.
Change 12
Added: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.
Added:Directive 2009/18/EC
Added: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.
Added:Directive 2009/18/EC
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Added: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.
Added:Directive 2009/18/EC
Change 13
Changed: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 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.
Change 14
Changed:Article 1 – paragraph 1 – point 15, Article 17a – paragraph 2 a2a (new): 2a. The Commission andshall theprovide EMSA shallwith providethe necessary and sufficient means to organise dedicated training to investigation authorities on the use of investigative technologies, equipment and on new technologies relatingrelated to thesafety aspects of digitalisation and sustainable developments in maritime transport.
Change 15
Changed:Article 1 – paragraph 1 – point 17, Article 20 – paragraph 1: “TheThe 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 complyalign them with changes to international maritime law, as regulatedthe byrelevant theIMO IMO,instruments, as well as to update the references made to other Union acts andthe torelevant IMO instruments which have entered into force, subject to observance of the limits of this Directive.
Change 16
Changed:Article 1 – paragraph 1 – point 17 a (new), Article 20 a (new): (17a) the following Article 20a is inserted: / Article‘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 pe…p…
Change 17
Added:Directive 2009/18/EC
Added: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.
Added:Directive 2009/18/EC
Added: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