European Union responds to demands for improved accident investigations in maritime transportation

The European Council presidency and the European Parliament’s negotiators have reached a provisional agreement to revise the 2009 directive on the investigation of accidents in the maritime transport sector, as part of the “maritime safety” legislative package. The new legislation aims to simplify and clarify the existing regime governing the investigation of accidents in the maritime transport sector, with an extension of its scope to include smaller fishing vessels. This is expected to improve the safety of fishing vessels in European waters by ensuring systematic and harmonized investigation of accidents involving fatalities and loss of vessels.

The revised directive also aims to enhance the capacity of accident investigation bodies to conduct and report on accident investigations in a timely, expert, and independent manner, while updating definitions and references to relevant EU legislation and IMO regulations for clarity and consistency. The general thrust of the European Commission’s proposal has been retained, with several amendments introduced to enable accident investigation bodies to conduct investigations in a harmonized way throughout the EU, strengthen the provisions regarding independence and confidentiality, and reduce unnecessary administrative burdens.

The agreement covers aspects such as alignment with the IMO casualty investigation code, provisions related to the conformity check, a voluntary approach to the quality management system for national investigation authorities, and a two-month deadline for the preliminary assessment in case of accidents involving smaller fishing vessels. The revised directive aims to balance the need for a high standard of shipping with safeguarding the competitiveness of the European shipping sector and maintaining reasonable costs for operators and member states’ administrations. The agreement will have to be endorsed by both co-legislators before final adoption, with member states having 30 months to transpose its provisions into national legislation.

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