On Tuesday 13 February, negotiators from the European Parliament and the Council of the EU reached an agreement on the revision of the directive establishing the fundamental principles governing the investigation of accidents in the maritime transport sector (see EUROPE 13348/15). This revised directive aims to simplify and clarify the current regime governing investigations, and extends the scope to fishing vessels less than 15 metres in length.
“We are ensuring safety at our seas – for both seafarers and fisheries”, commented European Parliament rapporteur Caroline Nagtegaal (Renew Europe, Dutch). “We made sure that EU rules are in line with the international legislation of the International Maritime Organization and accidents involving container loss at sea should be addressed with this revision”, she added.
With this text, accidents leading to fatalities and the loss of vessels will be systematically and harmonised investigated. Definitions and legal provisions have been clarified to ensure that Member States’ accident investigation bodies investigate all accidents that require investigation in a timely and harmonised manner. The capacity of investigative bodies has been strengthened.
The provisional agreement remains close to the European Commission’s initial proposal and the EU Council’s position. However, it introduces a preliminary assessment to determine whether a safety investigation is necessary following very serious maritime accidents involving these vessels.
As requested by the MEPs, investigation deadlines have been shortened. Investigations must begin within 2 months and be completed within 12 months of the date of the accident or incident. A period of 2 months is foreseen for a preliminary assessment of a very serious marine casualty involving a fishing vessel less than 15 metres long. There is no time limit for investigations under the current rules. This measure should make investigations faster and more effective.
MEPs also secured a mandate for the Commission and the European Maritime Safety Agency (EMSA) to assist maritime safety investigation authorities with capacity building, training and the conduct of investigations, if requested. The working and living conditions on board which could have had an impact on the accident should be part of the investigation, the text stresses.
The provisional agreement still has to be approved by the two co-legislators before final adoption. Member States will have 30 months after the entry into force of the revised directive to transpose its provisions into their national legislation. (Original version in French by Anne Damiani)