Wednesday 24 September 2008

Investigation of accidents in the maritime transport sector ***II

P6_TA(2008)0444

European Parliament legislative resolution of 24 September 2008 on the Council common position adopted with a view to the adoption of a directive of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Directives 1999/35/EC and 2002/59/EC (5721/5/2008 — C6-0226/2008 — 2005/0240(COD))

2010/C 8 E/40

(Codecision procedure: second reading)

The European Parliament,

having regard to the Council common position (5721/5/2008 — C6-0226/2008) (1),

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2005)0590),

having regard to Article 251(2) of the EC Treaty,

having regard to Rule 62 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0332/2008),

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 184 E, 22.7.2008, p. 23.

(2) OJ C 74 E, 20.3.2008, p. 546.

Wednesday 24 September 2008

P6_TC2-COD(2005)0240

Position of the European Parliament adopted at second reading on 24 September 2008 with a view to the adoption of Directive 2008/…/EC of the European Parliament and of the Council 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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1) A high general level of safety should be maintained in maritime transport in Europe and every effort should be made to reduce the number of marine casualties and incidents.

(2) The expeditious holding of technical investigations into marine casualties improves maritime safety, as it helps to prevent the recurrence of such casualties resulting in loss of life, loss of ships and pollution of the marine environment.

(3) The European Parliament, in its resolution of 21 April 2004 on improving safety at sea (4), ║ urged the Commission to present a proposal for a directive on investigating shipping accidents.

(4) Article 2 of the United Nations Convention on the Law of the Sea of 10 December 1982 (║‘Unclos’) establishes the right of coastal States to investigate the cause of any marine casualty occurring within their territorial seas which might pose a risk to life or to the environment, involve the coastal State's search and rescue authorities, or otherwise affect the coastal State.

(5) Article 94 of Unclos provides that flag States are to cause an inquiry to be held, by or before a suitably qualified person or persons, into certain casualties or incidents of navigation on the high seas.

(6) Regulation I/21 of the International Convention for the Safety of Life at Sea of 1 November 1974 (║‘SOLAS 74’), the International Convention of Load Lines of 5 April 1966 and the International Convention for the Prevention of Pollution from Ships of 2 November 1973establish the responsibility of flag States to conduct casualty investigations and to provide the International Maritime Organisation (IMO) with the relevant findings.

(7) The Code for the Implementation of Mandatory IMO Instruments annexed to Resolution A.973(24) of the IMO Assembly of 1 December 2005 recalls the obligation of flag States to ensure that marine safety investigations are conducted by suitably qualified investigators, competent in matters relating to marine casualties and incidents. That Code further requires flag States to be prepared to provide qualified investigators for that purpose, irrespective of the location of the casualty or incident.

(8) Account should be taken of the Code for the Investigation of Marine Casualties and Incidents annexed to Resolution A.849(20) of the IMO Assembly of 27 November 1997 (║ the ‘IMO Code for the Investigation of Marine Casualties and Incidents’), which provides for implementation of a common approach to the safety investigation of marine casualties and incidents and for cooperation between States in identifying the contributing factors leading to marine casualties and incidents. Account should also be taken of Resolution A.861(20) of the IMO Assembly of 27 November 1997 and Resolution MSC.163(78) of the Maritime Safety Committee of the IMO of 17 May 2004, which lay down a definition of voyage data recorders.

(9) While conducting safety investigations into marine casualties and incidents, Member States should take into account the Guidelines on fair treatment of seafarers in the event of a maritime accident annexed to Resolution LEG.3(91) of the IMO Legal Committee and the Governing Body of the International Labour Organisation of 27 April 2006 ▐.

(10) Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services (5) requires Member States to define, in the framework of their respective legal systems, a legal status that will enable them and any other substantially interested Member State to participate, ║ cooperate in, or, where provided for under the IMO Code for the Investigation of Marine Casualties and Incidents, ║ conduct any marine casualty or incident investigation involving a ro-ro ferry or high-speed passenger craft.

(11) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (6) requires Member States to comply with the IMO Code for the Investigation of Marine Casualties and Incidents and to ensure that the findings of an investigation are published as soon as possible after its conclusion.

(12) Conducting ║ safety investigations into casualties and incidents involving seagoing vessels or other vessels in ports or other restricted maritime areas in an unbiased manner is of paramount importance in order to effectively establish the circumstances and causes of such casualties or incidents. Such ║ investigations should therefore be carried out by qualified investigators under the control of an independent body or entity endowed with permanent decision-making powers, in order to avoid any conflict of interest.

(13) Member States should, in compliance with their legislation on the powers of the authorities responsible for the judicial inquiry and in collaboration with those authorities, where appropriate, ensure that those responsible for the technical inquiry are allowed to carry out their tasks under the best possible conditions.

(14) Member States should ensure that their legal systems enable them and any other substantially interested Member States to participate or cooperate in, or to conduct, safety investigations on the basis of the provisions of the IMO Code for the Investigation of Marine Casualties and Incidents.

(15) A Member State may delegate to another Member State the task of leading a marine casualty or incident safety investigation (a‘safety investigation’), or specific tasks of such an investigation, if mutually agreed.

(16) Member States should make every effort not to charge for costs for assistance requested in the framework of safety investigations involving two or more Member States. Where assistance is requested from a Member State that is not involved in the safety investigation, Member States should agree on the reimbursement of costs incurred.

(17) Under Regulation V/20 of SOLAS 74, passenger ships and ships other than passenger ships of 3 000 gross tonnage and upwards constructed on or after 1 July 2002 must carry voyage data recorders to assist in accident investigations. Given its importance in the formulation of a policy to prevent shipping accidents, such equipment should be systematically required on board ships making national or international voyages which call at Community ports.

(18) The data provided by a voyage data recording system, as well as by other electronic devices, can be used both retrospectively after a marine casualty or incident to investigate its causes and preventively to gain experience of the circumstances capable of leading to such events. Member States should ensure that such data, when available, are properly used for both purposes.

(19) Distress alerts from a ship or information from any source that a ship is, or persons on or from a ship are, imperilled, or that, as a result of an event in connection with the operation of a ship, there is a serious potential risk of damage to persons, the ship's structure or the environment, should be investigated or otherwise examined .

(20) Regulation (EC) No 1406/2002 of the European Parliament and of the Council (7) requires the European Maritime Safety Agency (║‘the Agency’) to work with the Member States to develop technical solutions and provide technical assistance related to the implementation of Community legislation. In the field of safety investigations, the Agency has the specific task of facilitating cooperation between the Member States and the Commission in the development, with due regard to the different legal systems in the Member States, of a common methodology for investigating maritime accidents according to agreed international principles.

(21) In accordance with Regulation (EC) No 1406/2002, the Agency facilitates cooperation in the provision of support to the Member States in activities concerning investigations and in analysing existing accident investigation reports.

(22) Any conclusions drawn from analyses of existing accident reports which may be of use in the prevention of future disasters and the improvement of maritime safety in the European Union should be taken into account in the development or modification of a common methodology for investigating maritime accidents .

(23) The safety recommendations resulting from a safety investigation should be duly taken into account by the Member States and the Community .

(24) Since the aim of a safety investigation is the prevention of marine casualties and incidents, its conclusions and ║ safety recommendations should in no circumstances determine liability or apportion blame.

(25) Since the objective of this Directive, namely to improve marine safety in the Community and thereby reduce the risk of future marine casualties, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or the effects of this Directive, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(26) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8).

(27) In particular, the Commission should be empowered to amend this Directive in order to apply subsequent amendments to the international conventions, protocols, codes and resolutions related thereto and to adopt or modify the common methodology for investigating marine casualties and incidents. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC, ▐

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

1. The purpose of this Directive is to improve maritime safety and the prevention of pollution by ships, and so reduce the risk of future marine casualties, by:

(a) facilitating the expeditious holding of safety investigations and proper analysis of marine casualties and incidents in order to determine their causes; and

(b) ensuring the timely and accurate reporting of safety investigations and proposals for remedial action.

2. Safety investigations initiated under this Directive shall not be concerned with determining liability or apportioning blame. However, Member States shall ensure that the investigative body or entity (║ the ‘investigative body’) does not refrain from fully reporting the causes of the casualty or incident because fault or liability may be inferred from the findings.

Article 2

Scope

1. This Directive shall apply to marine casualties , incidents and distress alerts that:

(a) involve ships flying the flag of one of the Member States;

(b) occur within Member States’ territorial sea and internal waters as defined in Unclos; or

(c) involve other substantial interests of the Member States.

2. This Directive shall not apply to marine casualties , incidents and distress alerts involving only:

(a) ships of war and troop ships and other ships owned or operated by a Member State and used only on government non-commercial service;

(b) ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts and pleasure craft not engaged in trade, unless they are or will be crewed and carrying more than 12 passengers for commercial purposes;

(c) inland waterway vessels operating in inland waterways;

(d) fishing vessels with a length of less than 15 metres;

(e) fixed offshore drilling units.

Article 3

Definitions

For the purposes of this Directive:

1) ‘IMO Code for the Investigation of Marine Casualties and Incidents’shall mean the Code for the Investigation of Marine Casualties and Incidents annexed to Resolution A.849(20) of the IMO Assembly of 27 November 1997, in its up-to-date version.

2) The following terms shall be understood in accordance with the definitions contained in the IMO Code for the Investigation of Marine Casualties and Incidents: (a) ‘marine casualty’; (b) ‘very serious casualty’; (c) ‘marine incident’; (d) ‘marine casualty or incident safety investigation’; (e) ‘lead investigating State’; (f) ‘substantially interested State’.

3) The terms ‘serious casualty’ and ‘less serious casualty’ shall be understood in accordance with the updated definitions contained in Circular 953 of the IMO Maritime Safety Committee.

4) The terms ‘ro-ro ferry’ and ‘high-speed passenger craft’ shall be understood in accordance with the definitions contained in Article 2 of Directive 1999/35/EC.

5) ‘Voyage data recorder’ (║‘VDR’) shall be understood in accordance with the definition contained in Resolution A.861(20) of the IMO Assembly and Resolution MSC.163(78) of the IMO Maritime Safety Committee.

6) ‘Distress alert’ shall mean a signal given from a ship, or information from any source, indicating that a ship is, or that persons on or from a ship are, in distress at sea.

7) ‘Safety recommendation’shall mean any proposal made , including for the purposes of registration and control, by either of the following: (a) the investigative body of the State conducting, or leading, the safety investigation on the basis of information derived from that investigation; or, where appropriate, (b) the Commission, acting with the assistance of the Agency and on the basis of an abstract data analysis and the results of any safety investigations carried out .

Article 4

Status of safety investigations

1. Member States shall define, in accordance with their legal systems, the legal status of ║ safety investigations in such a way that they can be carried out as effectively and rapidly as possible.

Member States shall ensure, in accordance with their legislation and, where appropriate, through collaboration with the authorities responsible for the judicial inquiry, that safety investigations are:

(a) independent of criminal or other parallel investigations held to determine liability or apportion blame, allowing only the conclusions or recommendations resulting from safety investigations initiated under this Directive to be used in judicial investigations ; and

(b) not unduly precluded, suspended or delayed by reason of such investigations.

2. The rules to be established by the Member States shall include, in accordance with the permanent cooperation framework referred to in Article 10, provisions for allowing:

(a) cooperation and mutual assistance in safety investigations led by other Member States, or the delegation to another Member State of the task of leading such an investigation in accordance with Article 7; and

(b) coordination of the activities of their respective investigative bodies to the extent necessary to achieve the objective of this Directive.

Article 5

Obligation to investigate

1. Each Member State shall ensure that a safety investigation is carried out by the investigative body referred to in Article 8 after serious or very serious marine casualties:

(a) involving a ship flying its flag, irrespective of the location of the casualty;

(b) occurring within its territorial sea and internal waters as defined in Unclos, irrespective of the flag of the ship or ships involved in the casualty; or

(c) involving a substantial interest of that Member State, irrespective of the location of the casualty and of the flag of the ship or ships involved.

2. In addition to investigating serious and very serious casualties, the investigative body referred to in Article 8 shall, having established the initial facts of the case, decide whether or not a safety investigation into a less serious casualty, a marine ▐ incident or a distress alert will be undertaken.

In its decision, the investigative body shall take into account the seriousness of the casualty or incident, the type of vessel and/or cargo involved in the distress alert , and any request from the search and rescue authorities .

3. The scope and practical arrangements for the conduct of safety investigations shall be determined by the investigative body of the lead investigating Member State in cooperation with the equivalent bodies of the other substantially interested States, in such manner as appears to that investigative body most conducive to achieving the objective of this Directive, and with a view to preventing future casualties and incidents.

4. Safety investigations shall follow ▐ the common methodology for investigating marine casualties and incidents developed pursuant to Article 2(e) of Regulation (EC) No 1406/2002. The Commission shall adopt or modify this methodology for the purposes of this Directive.

That measure, designed to amend non-essential elements of this Directive, inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).

The Commission ▐ shall take into account the conclusions of accident reports and the safety recommendations contained therein when modifying the common methodology. ▐

5. A safety investigation shall be started as promptly as is practicable after the marine casualty or incident occurs and, in any event, no later than two months after its occurrence .

Article 6

Obligation to notify

A Member State shall require, in the framework of its legal system, that its investigative body be notified without delay, by the responsible authorities or by the parties involved, of the occurrence of all casualties , incidents and distress alerts falling within the scope of this Directive.

Article 7

Leading of, and participation in, safety investigations

1. ▐ In cases of serious or very serious casualties with a substantial interest for two or more Member States, those Member States ║ shall ▐ rapidly agree which of them is to be the lead investigating Member State. Should they not be able to agree which of them is to be the lead investigating Member State, the Commission shall take a decision on the matter, based on an opinion of the Agency, which shall be immediately implemented .

▐

2. Notwithstanding paragraph 1, each Member State shall remain responsible for a safety investigation and coordination with other substantially interested Member States until such time as either they agree, or the Commission decides, which of them is to be the lead investigating State.

3. Without prejudice to its obligations under this Directive and international law, a Member State may, on a case-by-case basis, delegate by mutual agreement to another Member State the task of leading a safety investigation or specific tasks for the conduct of such an investigation.

4. When a ro-ro ferry or high-speed passenger craft is involved in a marine casualty , incident or distress alert , the safety investigation ║ shall be launched by the Member State in whose territorial sea or internal waters, as defined in Unclos, that casualty, incident or distress alert occurred or, if it occurred in other waters, by the last Member State visited by that ferry or craft. That Member State shall remain responsible for the safety investigation and coordination with other substantially interested Member States until such time as either they agree, or the Commission decides, which of them is to be the lead investigating State.

Article 8

Investigative bodies

1. Member States shall ensure that safety investigations are conducted under the responsibility of an impartial permanent investigative body or entity , endowed with the necessary powers and made up of investigators who are suitably qualified ▐ in matters relating to marine casualties and incidents.

The investigative body shall be functionally independent of, in particular, national authorities responsible for seaworthiness, certification, inspection, manning, safe navigation, maintenance, sea traffic control, port state control and the operation of seaports, of bodies carrying out investigations for the purposes of establishing liability or law enforcement and, in general , of any other party whose interests could conflict with the task entrusted to it.

Landlocked Member States which have neither ships nor vessels flying their flag shall identify an independent focal point to cooperate in the safety investigation pursuant to Article 5(1)(c).

2. The investigative body shall ensure that individual investigators have a working knowledge of, and practical experience in, those subject areas pertaining to their normal investigative duties. Additionally, the investigative body shall ensure ready access to appropriate expertise, as necessary.

3. The activities entrusted to the investigative body may be extended to the gathering and analysis of data relating to marine safety, in particular for prevention purposes, in so far as these activities do not affect its independence or entail responsibility in regulatory, administrative or standardisation matters.

4. Member States, acting in the framework of their respective legal systems, shall ensure that the investigators of its investigative body, or of any other investigative body to which it has delegated the task of safety investigation, where appropriate in collaboration with the authorities responsible for the judicial inquiry, are authorised to:

(a) have free access to any relevant area or casualty site as well as to any ship, wreck or structure including cargo, equipment or debris;

(b) ensure immediate listing of evidence and controlled search for and removal of wreckage, debris or other components or substances for examination or analysis;

(c) require examination or analysis of the items referred to in point (b), and have free access to the results of such examinations or analysis;

(d) have free access to, copy and have use of any relevant information and recorded data, including VDR data, pertaining to a ship, voyage, cargo, crew or any other person, object, condition or circumstance;

(e) have free access to the results of examinations of the bodies of victims or of tests made on samples taken from the bodies of victims;

(f) require and have free access to the results of examinations of, or tests made on samples taken from, people involved in the operation of a ship or any other relevant person;

(g) interview witnesses in the absence of any person whose interests could be considered as hampering the safety investigation;

(h) obtain survey records and relevant information held by the flag State, the owners, classification societies or any other relevant party, whenever those parties or their representatives are established in the Member State;

(i) call for the assistance of the relevant authorities in the respective States, including flag-State and port-State surveyors, coastguard officers, vessel traffic service operators, search and rescue teams, pilots or other port or maritime personnel.

5. The investigative body shall be able to respond immediately on being notified at any time of a casualty, and to obtain sufficient resources to carry out its functions independently. Its investigators shall be afforded status giving them the necessary guarantees of independence.

6. The investigating body may combine its tasks under this Directive with the work of investigating occurrences other than marine casualties on condition that such investigations do not endanger its independence.

Article 9

Non-disclosure of records

Member States, acting in the framework of their legal systems, shall ensure that the following records are not made available for purposes other than the safety investigation: ▐

(a) all witness evidence and other statements, accounts and notes taken or received by the investigative body in the course of the safety investigation;

(b) records revealing the identity of persons who have given evidence in the context of the safety investigation;

(c) medical or private information regarding persons involved in the casualty or incident.

Furthermore, Member States shall ensure that witness statements and other information provided by witnesses in the course of safety investigations are not obtained by third country authorities in order to prevent such statements and information from being used in criminal investigations in those countries .

Article 10

Permanent cooperation framework

1. Member States shall, in close cooperation with the Commission, establish a permanent cooperation framework enabling their respective investigative bodies to cooperate among themselves to the extent necessary to achieve the objective of this Directive.

2. The rules of procedure of the permanent cooperation framework and the organisation arrangements required therefor shall be decided in accordance with the regulatory procedure referred to in Article 19(2).

3. Within the permanent cooperation framework, the investigative bodies in the Member States shall agree, in particular, upon the best modalities of cooperation in order to:

(a) enable investigative bodies to share installations, facilities and equipment for the technical investigation of wreckage and ship's equipment and other objects relevant to the safety investigation, including the extraction and evaluation of information from VDRs and other electronic devices;

(b) provide each other with the technical cooperation or expertise needed to undertake specific tasks;

(c) acquire and share information relevant for analysing casualty data and making appropriate safety recommendations at Community level;

(d) draw up common principles for the follow-up of safety recommendations and for the adaptation of investigative methods to the development of technical and scientific progress;

(e) provide for rapid alert measures in the event of a marine casualty or incident;

(f) establish confidentiality rules for the sharing, in the respect of national rules, of witness evidence and the processing of data and other records referred to in Article 9; ▐

(g) organise, where appropriate, relevant training activities for individual investigators;

(h) promote cooperation with the investigative bodies of third countries and with ║ international maritime accident investigation organisations in the fields covered by this Directive. ▐

4. Any Member State, the facilities or services of which have been, or would normally have been, used by a ship prior to a casualty or an incident, and which has information pertinent to a safety investigation, shall provide that information to the investigative body conducting that investigation .

Article 11

Costs

1. Where safety investigations involve two or more Member States, the respective activities shall be free of charge.

2. Where assistance is requested of a Member State that is not involved in a safety investigation, Member States shall agree on the reimbursement of costs incurred.

Article 12

Cooperation with substantially interested third countries

1. Member States shall cooperate, to the maximum extent possible, with other substantially interested third countries in safety investigations.

2. Substantially interested third countries shall, by mutual agreement, be allowed to join a safety investigation led by a Member State under this Directive at any stage of the investigation.

3. The cooperation of a Member State in a safety investigation conducted by a substantially interested third country shall be without prejudice to the conduct of, and reporting requirements relating to, safety investigations under this Directive. Where a substantially interested third country is leading a safety investigation involving one or more Member States, Member States may decide not to carry out a parallel safety investigation, provided that the safety investigation led by the third country is conducted in accordance with the IMO Code for the Investigation of Marine Casualties and Incidents.

Article 13

Preservation of evidence

Member States shall adopt measures to ensure that the parties concerned by casualties and incidents falling within the scope of this Directive make every effort to:

(a) save all information from charts, log books, electronic and magnetic recording and video tapes, including information from VDRs and other electronic devices relating to the period preceding, during and after an accident;

(b) prevent the overwriting or other alteration of such information;

(c) prevent interference with any other equipment which might reasonably be considered pertinent to the safety investigation into the accident;

(d) collect and preserve all evidence expeditiously for the purposes of the safety investigations.

Article 14

Accident reports

1. Safety investigations carried out under this Directive shall result in a published report presented in a format defined by the competent investigative body and in accordance with the relevant sections of Annex I.

Investigative bodies may decide that a safety investigation, which does not concern a serious or very serious marine casualty and the findings of which do not have the potential to lead to the prevention of future casualties and incidents, shall result in a simplified published report ║.

2. Investigative bodies shall make every effort to make the report referred to in paragraph 1 available to the public , and especially to the entire maritime sector, which shall receive specific conclusions and recommendations, when required, within 12 months of the day of the casualty. If it is not possible to produce the final report within that time, an interim report shall be published within 12 months of the date of the casualty.

3. The investigative body of the lead investigating Member State shall send a copy of the final, simplified or interim report to the Commission. It shall take into account the possible observations of the Commission on ▐ improving the ▐ quality of the report in the way most conducive to achieving the objective of this Directive.

4. Every three years, the Commission shall submit to the European Parliament a report providing information on the degree of implementation of and compliance with the provisions of this Directive, as well as any further steps considered necessary in the light of the recommendations set out in that report.

Article 15

Safety recommendations

1. Member States shall ensure that safety recommendations made by ║ investigative bodies are duly taken into account by the addressees and, where appropriate, are adequately followed-up in accordance with Community and international law.

2. Where appropriate, an investigative body or the Commission shall , acting with the assistance of the Agency, make safety recommendations on the basis of an abstract data analysis and of the results of any safety investigations carried out .

3. A safety recommendation shall in no circumstances determine liability or apportion blame for a casualty.

Article 16

Early alert system

Without prejudice to its right to give an early alert, the investigative body of a Member State shall, at any stage of a safety investigation, if it takes the view that urgent action is needed at Community level to prevent the risk of new casualties, inform the Commission without delay of the need to give an early alert.

If necessary, the Commission shall issue a note of warning for the attention of the responsible authorities in all ║ other Member States, the shipping industry, and ║ any other relevant party.

Article 17

European database for marine casualties

1. Data on marine casualties and incidents shall be stored and analysed by means of a European electronic database to be set up by the Commission, which shall be known as the European Marine Casualty Information Platform (EMCIP).

2. Member States shall notify the Commission of the ║ authorities entitled to have access to the database.

3. The investigative bodies of the Member States shall notify the Commission of marine casualties and incidents in accordance with the format of Annex II. They shall also provide the Commission with data resulting from safety investigations in accordance with the EMCIP database scheme.

4. The Commission and the Member States shall develop the database scheme and a method for the notification of data within the appropriate timescale.

Article 18

Fair treatment of seafarers

In accordance with their national law, Member States shall apply the relevant provisions of the IMO guidelines on fair treatment of seafarers in the event of a maritime accident.

Article 19

Committee

1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002 of the European Parliament and the Council (9).

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 20

Amending powers

The Commission may update the definitions contained in this Directive and ║ references ║ to Community acts and ║ IMO instruments in order to bring them into line with Community or IMO measures which have entered into force, subject to observance of the limits of this Directive.

Those measures, designed to amend non-essential elements of this Directive, inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).

Acting in accordance with the same procedure, the Commission may also amend the Annexes.

Amendments to the IMO Code for the Investigation of Marine Casualties and Incidents may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002.

Article 21

Additional measures

Nothing contained in this Directive shall prevent a Member State from taking additional measures on maritime safety which are not covered by it, provided that such measures do not infringe this Directive or in any way adversely affect the achievement of its objective or those of the Union .

Article 22

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 23

Amendments to existing acts

1. Article 12 of Directive 1999/35/EC shall be deleted.

2. Article 11 of Directive 2002/59/EC shall be deleted.

Article 24

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by… (10). They shall forthwith communicate to the Commission the text of those measures and a correlation table between them and this Directive .

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 25

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 26

Addressees

This Directive is addressed to the Member States.

Done at …, on … For the European Parliament The President For the Council The President

(1) OJ C 318, 23.12.2006, p. 195.

(2) OJ C 229, 22.9.2006, p. 38.

(3) Position of the European Parliament of 25 April 2007(OJ C 74 E, 20.3.2008, p. 546), Council Common Position of 6 June 2008 (OJ C 184 E, 22.7.2008, p. 23) and Position of the European Parliament of 24 September 2008.

(4) OJ C 104 E, 30.4.2004, p. 730.

(5) OJ L 138, 1.6.1999, p. 1. ║.

(6) OJ L 208, 5.8.2002, p. 10.

(7) OJ L 208, 5.8.2002, p. 1. ║.

(8) OJ L 184, 17.7.1999, p. 23. ║.

(9) OJ L 324, 29.11.2002, p. 1. ║.

(10) 24 months from the date of entry into force of this Directive.

Wednesday 24 September 2008

ANNEX I SAFETY INVESTIGATION REPORT CONTENT Foreword This identifies the sole objective of the safety investigation, that a safety recommendation shall in no case create a presumption of liability or blame, and that the report has not been written, in terms of content and style, with the intention of it being used in legal proceedings. (The report should make no reference to witness evidence nor link anyone who is referred to in the report to a person who has given evidence during the course of the safety investigation.) 1. Summary This part outlines the basic facts of the marine casualty or incident: what happened, when, where and how it happened; it also states whether any deaths, injuries, damage to the ship, cargo, third parties or environment occurred as a result. 2. Factual information This part includes a number of discrete sections, providing sufficient information that the investigating body interprets to be factual, substantiate the analysis and ease understanding. These sections include, in particular, the following information: 2.1. Ship particulars Flag/register, Identification, Main characteristics, Ownership and management, Construction details, Minimum safe manning, Authorised cargo. 2.2. Voyage particulars Ports of call, Type of voyage, Cargo information, Manning. 2.3. Marine casualty or incident information Type of marine casualty or incident, Date and time, Position and location of the marine casualty or incident, External and internal environment, Ship operation and voyage segment, Place on board, Human factors data, Consequences (for people, ship, cargo, environment, other). 2.4. Shore authority involvement and emergency response Who was involved, Means used, Speed of response, Actions taken, Results achieved. 3. Narrative This part reconstructs the marine casualty or incident through a sequence of events, in a chronological order leading up to, during and following the marine casualty or incident and the involvement of each actor (i.e. person, material, environment, equipment or external agent). The period covered by the narrative depends on the timing of those particular accidental events that directly contributed to the marine casualty or incident. This part also includes any relevant details of the safety investigation conducted, including the results of examinations or tests. 4. Analysis This part includes a number of discrete sections, providing an analysis of each accidental event, with comments relating to the results of any relevant examinations or tests conducted during the course of the safety investigation and to any safety action that might already have been taken to prevent marine casualties. These sections should cover issues such as: — accidental event context and environment, — human erroneous actions and omissions, events involving hazardous material, environmental effects, equipment failures, and external influences, — contributing factors involving person-related functions, shipboard operations, shore management or regulatory influence. The analysis and comment enable the report to reach logical conclusions, establishing all of the contributing factors, including those with risks for which existing defences aimed at preventing an accidental event, and/or those aimed at eliminating or reducing its consequences, are assessed to be either inadequate or missing. 5. Conclusions This part consolidates the established contributing factors and missing or inadequate defences (material, functional, symbolic or procedural) for which safety actions should be developed to prevent marine casualties. 6. Safety recommendations When appropriate, this part of the report contains safety recommendations derived from the analysis and conclusions and related to particular subject areas, such as legislation, design, procedures, inspection, management, health and safety at work, training, repair work, maintenance, shore assistance and emergency response. The safety recommendations are addressed to those that are best placed to implement them, such as ship owners, managers, recognised organisations, maritime authorities, vessel traffic services, emergency bodies, international maritime organisations and European institutions, with the aim of preventing marine casualties. This part also includes any interim safety recommendations that may have been made or any safety actions taken during the course of the safety investigation. 7. Appendices When appropriate, the following non-exhaustive list of information is attached to the report in paper and/or electronic form: — photographs, moving images, audio recordings, charts, drawings, — applicable standards, — technical terms and abbreviations used, — special safety studies, — miscellaneous information.