Changes from report parliamentary committee draft to plenary report

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.