Activities of Karima DELLI 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 25 #
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 is particularely important, as the Commission has already conducted an ex-ante assessment and a cost-benefit analysis that documented the value of this measure.
Amendment 27 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) It is significant 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 transparent publication and dissemination of accident reports to a wide audience and fast implementation of their recommendations should therefore be further developed in collaboration with the industry and social partners.
Amendment 28 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10 b) Further legal initiatives are needed to deal with working conditions and fatigue as incidents including seafarers, fishers and port workers can lead to tragic maritime accidents and loss of lives.
Amendment 35 #
Proposal for a directive
Recital 12
Recital 12
(12) In light of what has been stated, EMSA should organise regular 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, as well as on the General Data Protection Regulation (GDPR) rules.
Amendment 42 #
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.
Amendment 44 #
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, equipment, procedures, crew and ship management to the activity being undertaken and the general condition of the vessel, its safety compliance and its seaworthiness both off- and onshore, its equipment, procedures, crew and ship management to the activity being undertaken for all types of cargo as well as all involved seafarers and/or fishers and port workers.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/18/EC
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7 a. To this end, accident investigation bodies will be supported by the Commission and EMSA to ensure the implementation of harmonised EU wide quality management systems and their systematic application.
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2009/18/EC
Article 17 – paragraph 3a (new)
Article 17 – paragraph 3a (new)
3 a. The data contained in the EMCIP shall be made public and easily accessible.
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
2 a. The Commission shall furbish EMSA with the necessary and sufficient means to provide training to the Member States' competent authorities in terms of new technologies as well as on sustainability issues, such as autonomous ships, alternative fuel transported as cargo or for propulsion, ship electrification and their impact on safety.
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/18/EC
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. Within 2 years of the publication of the implementation report of Article 23, the Commission shall make a proposal to fully include fishing vessels below 15 meters into the scope of this Directive, taking account of the existing IMO, ILO and FAO recommendations and voluntary codes.
Amendment 57 #
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 60 #
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)