8 Amendments of Magdalena ADAMOWICZ related to 2023/0164(COD)
Amendment 24 #
Proposal for a directive
Recital 7
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 a 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. This measure is expected to have a clearly positive impact on the number of lives saved at sea and injuries avoided, protecting in particular the lives and health of European fishers.
Amendment 30 #
Proposal for a directive
Recital 11
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 EU Member States in safety investigations should continue to be encouraged and supported, particularly in light of new maritime safety challenges.
Amendment 34 #
Proposal for a directive
Recital 12
Recital 12
(12) In light of what has been stated, EMSA should organise trainings on specific techniques and on new developments and technologies which can be relevant for accident investigation 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 and autonomous shipping, as well as on the General Data Protection Regulation (GDPR) rules.
Amendment 37 #
Proposal for a directive
Recital 15
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 [tenfive years after its date of entry into force referred to in Article 23)] and, report to the European Parliament and the Council thereo, 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.
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 7
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 twoone months after its occurrence.
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7 a. 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, the investigation authority shall release a report at least at each anniversary of the marine casualty or incident, detailing the progress of the investigation and any safety issues raised.
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The activities entrusted to the investigation authority mayshall be extended to the gathering and analysis 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.
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2009/18/EC
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The Commission shall by [OP: Please insert a date: tenfive 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.