Activities of Vera TAX related to 2023/0164(COD)
Shadow reports (1)
REPORT 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
Amendments (12)
Amendment 23 #
Proposal for a directive
Recital 2
Recital 2
(2) Since the entry into force of Directive 2009/18/EC, there have been changes in the international regulatory environment and technological developments. Those changes and developments as well as the experience gained in the implementation of Directive 2009/18/EC should be taken into account. The EU - in line with its commitments under the Paris agreement - should continue exerting its leadership in a sector regulated both at European and international level and still highly dependent on fossil fuels.
Amendment 26 #
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. The Commission should include the study ‘Training of Fishers1a’ from 2018, calling for developing harmonised training standards across Member States. __________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2018/617484/IPOL_STU(20 18)617484_EN.pdf
Amendment 29 #
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). For compliance with environmental, social, public health and labour law standards, safety on board of ships calling at EU ports for both seafarers and dockworkers, with a special focus on the needs for female workers.
Amendment 32 #
Proposal for a directive
Recital 12
Recital 12
(12) In light of what has been stated, EMSA should organise trainingregular 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 can 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”, and automation, as well as on the General Data Protection Regulation (GDPR) rules. This will contribute to collecting more complete data on accidents and injuries aboard these vessels and improving the health and safety of the seafarers and fishermen working on them.
Amendment 36 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) To improve the quality of accident investigations, EMSA should develop GPS tracking of containers. This should be reflected in the European Marine Casualty Information Platform in Annex II. If all the containers are equipped with a GPS beacon, their loss can easily be identified and it will be easier to geolocate them to recover them. This will limit their presence's danger on the surface and the detrimental effect their presence entails on the ocean.
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 2 – subparagraph 1
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.
Amendment 41 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where the investigation authority decides not to undertake a safety investigation of a very serious marine casualty 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.
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 6
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 of the ship’s structure, the condition of the vessel, its seaworthiness both offshore and onshore, safety compliance, equipment, procedures, crew and ship management to the activity being undertaken for all kind of cargo.
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/18/EC
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. In the case of accidents involving port workers, attention shall be given to whether or not a health and safety checklist has been filled prior to the start of the operations on board of the ship.
Amendment 48 #
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 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2009/18/EC
Annex II – point 30 a (new)
Annex II – point 30 a (new)
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2009/18/EC
Annex II – point 30 b (new)
Annex II – point 30 b (new)