DRAFT RECOMMENDATION FOR SECOND READING on the Council common position for adopting 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

8.9.2008 - (5721/5/2008 – C6‑0226/2008 – 2005/0240(COD)) - ***II

Committee on Transport and Tourism
Rapporteur: Jaromír Kohlíček

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a directive of the European Parliament and of the Council on 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))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (5721/5/2008 – C6‑0226/2008),

–   having regard to its position at first reading[1] 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),

1.  Approves the common position as amended;

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

Amendment  1 Council common position – amending act Recital 9
Council common position	Amendment
(9) While conducting safety investigations of 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 A.987(24) of the IMO Assembly and the Governing Body of the International Labour Organisation of 1 December 2005, or any other recommendations or instruments relating to the human factor adopted by relevant international organisations, as far as they are applicable to technical safety investigations.	(9) While conducting safety investigations of 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.
Justification
The deletion brings the text in line with Parliament's position in first reading (see amendment 3 adopted in first reading).
Amendment  2 Council common position – amending act Recital 12
Council common position	Amendment
(12) Conducting a safety investigation of casualties and incidents involving seagoing vessels, or other vessels in port or other restricted maritime areas, in an unbiased manner is of paramount importance for effectively establishing the circumstances and causes of such casualty or incident. Such an investigation should therefore be carried out by qualified investigators under the control of an independent body or entity in order to avoid any conflict of interest.	(12) Conducting a safety investigation of casualties and incidents involving seagoing vessels, or other vessels in port or other restricted maritime areas, in an unbiased manner is of paramount importance for effectively establishing the circumstances and causes of such casualty or incident. Such an investigation 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.
Justification
This amendment brings the text in line with Parliament's position in first reading (see amendment 26 adopted in first reading).
Amendment  3 Council common position – amending act Recital 18 a (new)
Council common position	Amendment
	(18a) 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 the persons, to the ship’s structure or the environment should be investigated or otherwise examined.
Justification
Distress alerts should remain within the scope of the Directive as originally proposed by the Commission.
Amendment  4 Council common position – amending act Recital 20 a (new)
Council common position	Amendment
	(20a) Any conclusions drawn from the analyses of existing accident investigation 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 marine accidents.
Justification
This amendment brings the text in line with Parliament's position in first reading (see amendment 2 adopted in first reading).
Amendment  5 Council common position – amending act Recital 21
Council common position	Amendment
(21) The safety recommendations resulting from a safety investigation should be duly taken into account by the Member States.	(21) The safety recommendations resulting from a safety investigation should be duly taken into account by the Member States and the Community.
Justification
This amendment restores Parliament's position in first reading (see amendment 4 adopted in first reading).
Amendment  6 Council common position – amending act Recital 26
Council common position	Amendment
(26) In accordance with point 34 of the Interinstitutional Agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,	deleted
Justification
As originally proposed by the Commission, there should be an obligation for Member Sates to draw up correspondence tables, which indicate exactly by which provisions each of the requirements laid down in the Directive are transposed into national legislation. These tables are necessary to enable the Commission to verify thoroughly whether the Directive is correctly transposed and implemented by the Member States.
Amendment  7 Council common position – amending act Article 2 – paragraph 1 – introductory part
Council common position	Amendment
1. This Directive shall apply to marine casualties and incidents that:	1. This Directive shall apply to marine casualties, incidents and distress alerts that:
Justification
Distress alerts should remain within the scope of the Directive as originally proposed by the Commission.
Amendment  8 Council common position – amending act Article 2 – paragraph 2 – introductory part
Council common position	Amendment
2. This Directive shall not apply to marine casualties and incidents involving only:	2. This Directive shall not apply to marine casualties, incidents and distress alerts involving only:
Justification
Distress alerts should remain within the scope of the Directive as originally proposed by the Commission.
Amendment  9 Council common position – amending act Article 3 – paragraph 2 a (new)
Council common position	Amendment
	(2a) 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.
Justification
It is necessary to keep the definitions as proposed by the Commission since these terms are used in the Directive.
Amendment  10 Council common position – amending act Article 3 – paragraph 4 a (new)
Council common position	Amendment
	(4a) ‘Distress alert’ means 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.
Justification
Distress alerts should remain within the scope of the Directive as originally proposed by the Commission.
Amendment  11 Council common position – amending act Article 3 – paragraph 5
Council common position	Amendment
5) "Safety recommendation" means any proposal made by either of the following:	5) ‘Safety recommendation’ means 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,	(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 on the basis of an abstract data analysis.	(b) the Commission, acting with the assistance of the Agency and on the basis of an abstract data analysis and the results of the investigations carried out.
Justification
This amendment restores Parliament's position in first reading (see amendment 7 adopted in first reading)
Amendment  12 Council common position – amending act Article 4 – paragraph 1 – point a
Council common position	Amendment
(a) independent of criminal or other parallel investigations held to determine liability or apportion blame; and	(a) independent of criminal or other parallel investigations held to determine liability or apportion blame, allowing only the conclusions or recommendations resulting from investigations initiated under this Directive to be used in judicial investigations; and
Justification
This amendment brings the text in line with Parliament's position in first reading (see amendment 8 adopted in first reading).
Amendment  13 Council common position – amending act Article 5 – paragraph 1 – introductory part
Council common position	Amendment
1. Each Member State shall ensure that a safety investigation is carried out by the investigative body referred to in Article 8 after very serious marine casualties:	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:
Justification
Safety investigations should be mandatory in the event of serious accidents as proposed by the Commission.
Amendment  14 Council common position – amending act Article 5 – paragraph 2
Council common position	Amendment
2. In addition, the investigative body shall decide whether or not a safety investigation of any other marine casualty or incident shall be undertaken.	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 of a less serious casualty, marine incident or a distress alert shall 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, and the potential for the findings of the safety investigation to lead to the prevention of future casualties and incidents.	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/or any request from the search and rescue authorities.
Justification
As foreseen by the Commission proposal, safety investigations should be mandatory in the event of serious accidents, whereas less serious casualties, marine incidents and distress alerts should be examined in order to determine whether or not it would be useful to proceed to the investigation stage.
Amendment  15 Council common position – amending act Article 5 – paragraph 4
Council common position	Amendment
4. Safety investigations shall follow the principles of 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 18(3).	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 18(3).
The Commission and Member States shall develop guidelines on processes and best practice in safety investigations to be used in implementing the common methodology. These guidelines shall be updated periodically to take account of experience gained in the conduct of safety investigations.	The Commission shall take into account the conclusions of the accident reports and the safety recommendations contained therein when modifying the common methodology.
Justification
In accordance with the Commission proposal, Member States should be obliged to follow the common methodology and not just principles or guidelines. The amendment brings the text in line with Parliament's position in first reading (see amendment 19 adopted in first reading).
Amendment  16 Council common position – amending act Article 5 – paragraph 5
Council common position	Amendment
5. A safety investigation shall be started as promptly as is practicable after the marine casualty or incident occurs.	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.
Justification
This amendment restores Parliament's position in first reading (see amendment 12 adopted in first reading).
Amendment  17 Council common position – amending act Article 6
Council common position	Amendment
A Member State shall require, in the framework of its legal system, that its investigative body be notified without delay, by the responsible authorities and/or by the parties involved, of the occurrence of all casualties and incidents falling within the scope of this Directive.	A Member State shall require, in the framework of its legal system, that its investigative body be notified without delay, by the responsible authorities and/or by the parties involved, of the occurrence of all casualties, incidents and distress alerts falling within the scope of this Directive.
Justification
Distress alerts should remain within the scope of the Directive as originally proposed by the Commission.
Amendment  18 Council common position – amending act Article 7 – paragraph 1
Council common position	Amendment
1. Member States shall avoid conducting parallel safety investigations into the same marine casualty or incident. They shall abstain from any measure which could unduly preclude, suspend or delay the conduct of a safety investigation falling within the scope of this Directive. In cases of safety investigations involving two or more Member States, the Member States concerned shall cooperate with a view to rapidly agreeing which of them is to be the lead investigating Member State. They shall make every effort to agree on the procedures to investigate. In the framework of this agreement, other substantially interested States shall have equal rights and access to witnesses and evidence as the Member State conducting the safety investigation. They shall also have the right to see their point of view taken into consideration by the lead investigating Member State.	1. In cases of serious and very serious casualties involving a substantial interest for two or more Member States, the Member States concerned shall rapidly agree which of them is to be the lead investigating Member State. Should the Member States concerned not be able to determine which Member State is to lead the investigation, the Commission shall take a decision on the matter based on an opinion of the Agency, which shall be immediately implemented.
Justification
This amendment restores Parliament's position in first reading (see amendment 13 adopted in first reading)
Amendment  19 Council common position – amending act Article 7 – paragraph 2
Council common position	Amendment
2. Notwithstanding paragraph 1, each Member State shall remain responsible for the safety investigation and coordination with other substantially interested Member States until such time as it is mutually agreed which of them is to be the lead investigating State.	2. Notwithstanding paragraph 1, each Member State shall remain responsible for the safety investigation and coordination with other substantially interested Member States until such time as they either mutually agree or the Commission decides which of them is to be the lead investigating State.
Justification
This is a necessary adaptation in accordance with Parliament's position in first reading
Amendment  20 Council common position – amending act Article 7 – paragraph 4
Council common position	Amendment
4. When a ro-ro ferry or high-speed passenger craft is involved in a marine casualty or incident, the safety investigation procedure shall be launched by the Member State in whose territorial sea or internal waters as defined in UNCLOS the accident or incident occurs or, if occurring in other waters, by the last Member State visited by that ferry or craft. That State shall remain responsible for the safety investigation and coordination with other substantially interested Member States until it is mutually agreed which of them is to be the lead investigating State.	4. When a ro-ro ferry or high-speed passenger craft is involved in a marine casualty, incident or distress alert, the safety investigation procedure shall be launched by the Member State in whose territorial sea or internal waters as defined in UNCLOS the accident or incident occurs or, if occurring in other waters, by the last Member State visited by that ferry or craft. That State shall remain responsible for the safety investigation and coordination with other substantially interested Member States until such time as they either mutually agree or the Commission decides which of them is to be the lead investigating State.
Justification
Distress alerts should remain within the scope of the Directive as originally proposed by the Commission.
Amendment  21 Council common position – amending act Article 8 – paragraph 1 – subparagraphs 1 and 2
Council common position	Amendment
1. Member States shall ensure that safety investigations are conducted under the responsibility of an impartial permanent investigative body, and by suitably qualified investigators, competent in matters relating to marine casualties and incidents.	1. Member States shall ensure that safety investigations are conducted under the responsibility of an impartial permanent investigative body or entity (hereinafter referred to as “investigative body”), endowed with the necessary powers and composed of investigators who are suitably qualified in matters relating to marine casualties and incidents.
In order to carry out a safety investigation in an unbiased manner, the investigative body shall be independent in its organisation, legal structure and decision-making of any party whose interests could conflict with the task entrusted to it.	That investigative body shall be functionally independent of, in particular, the national authorities responsible for seaworthiness, certification, inspection, manning, safe navigation, maintenance, sea traffic control, port state control and 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.
Justification
The functional independence should be clearly defined as in the Commission proposal. The amendment restores Parliament's position in first reading (see amendments 14 and 15 adopted in first reading).
Amendment  22 Council common position – amending act Article 9 – title and introductory part
Council common position	Amendment
Confidentiality	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, unless the competent authority in that State determines that the interest in their disclosure outweighs the adverse domestic and international impact that such action may have on that safety investigation or on any future investigations:	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:
Justification
The amendment restores Parliament's position in first reading (see amendment 16 adopted in first reading).
Amendment  23 Council common position – amending act Article 9 – subparagraph 1 a (new)
Council common position	Amendment
	1a. 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, thus preventing such statements and information from being used in criminal investigations in such countries.
Justification
This amendment brings the text in line with Parliament's position in first reading (see amendment 9 adopted in first reading).
Amendment  24 Council common position – amending act Article 10 – paragraph 3 – point d a (new)
Council common position	Amendment
	(da) provide for rapid alert measures in the event of a marine casualty or incident;
Justification
This amendment brings the text in line with Parliament's position in first reading (see amendment 10 adopted in first reading).
Amendment  25 Council common position – amending act Article 10 – paragraph 3 - point e
Council common position	Amendment
(e) 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, including in relations with third countries;	(e) 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;
Justification
This is a necessary adaptation in accordance with Parliament's position in first reading.
Amendment  26 Council common position – amending act Article 10 – paragraph 3 – point h
Council common position	Amendment
(h) provide investigative bodies conducting safety investigations with any pertinent information.	deleted
Justification
Member States should have an obligation to provide pertinent information to the investigative body as proposed by the Commission.
Amendment  27 Council common position – amending act Article 10 – paragraph 3 a (new)
Council common position	Amendment
	3a. 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 the investigation, shall provide such information to the investigative body conducting the investigation.
Justification
Member States should have an obligation to provide pertinent information to the investigative body as proposed by the Commission.
Amendment  28 Council common position – amending act Article 14 – paragraph 1 – subparagraph 2
Council common position	Amendment
Investigative bodies may decide that a safety investigation, which does not concern a 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 report to be published.	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 report to be published.
Justification
The possibility to produce simplified reports, which was newly introduced by the Council, should be restricted to non-mandatory investigations. These are, according to the Commission proposal, investigations which do not concern serious or very serious accidents.
Amendment  29 Council common position – amending act Article 14 – paragraph 2
Council common position	Amendment
2. Investigative bodies shall make every effort to make the report referred to in paragraph 1 available to the public within 12 months from 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 from the date of the casualty	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 from 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 from the date of the casualty
Justification
The amendment restores Parliament's position in first reading (see amendment 17 adopted in first reading).
Amendment  30 Council common position – amending act Article 14 – paragraph 3
Council common position	Amendment
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 final reports for improving the editorial quality in the way most conducive to achieving the objective of this Directive.	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 for improving the quality of the report in the way most conducive to achieving the objective of this Directive.
Justification
Member States should take into account the Commission observations for improving the overall quality of the report, not only its editorial quality.
Amendment  31 Council common position – amending act Article 14 – paragraph 3 a (new)
Council common position	Amendment
	3a. Every three years, the Commission shall send a report providing information to the European Parliament setting out 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 the report.
Justification
The amendment restores Parliament's position in first reading (see amendment 18 adopted in first reading).
Amendment  32 Council common position – amending act Article 15 – paragraph 2
Council common position	Amendment
2. Where appropriate, an investigative body or the Commission shall make safety recommendations on the basis of an abstract data analysis.	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 investigations carried out.
Justification
The amendment restores Parliament's position in first reading (see amendments 20 and 21 adopted in first reading).
Amendment  33 Council common position – amending act Article 17 a (new)
Council common position	Amendment
	Article 17a Fair treatment of seafarers In accordance with their national law, Member States shall apply the relevant provisions of the IMO guidelines on the fair treatment of seafarers in the event of a maritime accident.
Justification
The amendment brings the text in line with Parliament's position in first reading (see amendment 22 adopted in first reading).
Amendment  34 Council common position – amending act Article 20
Council common position	Amendment
Nothing contained in this Directive shall prevent a Member State from taking additional measures on maritime safety which are not covered by this Directive, provided that such measures do not infringe this Directive or in any way adversely affect the attainment of its objective.	Nothing contained in this Directive shall prevent a Member State from taking additional measures on maritime safety which are not covered by this Directive, provided that such measures do not infringe this Directive or in any way adversely affect the attainment of its objective, nor jeopardise the realisation of the objectives of the Union.
Justification
This amendment brings the text in line with Parliament's position in first reading (see amendment 24 adopted in first reading).
Amendment  35 Council common position – amending act Article 23 – paragraph 1
Council common position	Amendment
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by....	1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by...at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions 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.	When Member States adopt those provisions, 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.
Justification
As originally proposed by the Commission, there should be an obligation for Member States to draw up correspondence tables, which indicate exactly by which provisions each of the requirements laid down in the Directive are transposed into national legislation. These tables are necessary to enable the Commission to verify thoroughly whether the Directive is correctly transposed and implemented by the Member States.

• [1]  OJ C 74 E, 20.3.2008, p. 546.

EXPLANATORY STATEMENT

1.         Commission proposal

This proposal is part of the third package of legislative measures aimed at improving maritime safety. It lays down rules at Community level for investigations following maritime casualties and incidents. More specifically, it introduces an obligation for Member States to carry out technical investigations after serious and very serious marine incidents. The investigations have to follow a common methodology. The purpose is to establish the circumstances and examine the causes of the incidents in order to draw all possible lessons from them and thereby prevent future disasters.

After the investigation, Member States are required to prepare an accident report (including safety recommendations, if appropriate) in a format defined in the annex of the proposal. Furthermore, the proposed Directive obliges Member States to create the necessary institutional framework by setting up independent specialised bodies with investigative powers. In cases of incidents involving two or more Member Sates, the proposal provides for joint investigations under the lead of one Member State with a view to avoiding parallel investigations.

2.         Parliament position in first reading

Parliament's position in first reading comprises 24 amendments to the Commission proposal. They relate to the following issues:

- Clear differentiation of accident investigations from criminal investigations (AM 5 and 8): These amendments clarify that investigations should under no circumstances be concerned with determining liability or apportioning blame and emphasise that they should be separate and independent of judicial investigations.

-  Non-disclosure of records and protection of witnesses (AM 9 and 16): It is suggested that certain records obtained from witnesses during safety investigations must not be disclosed for purposes other than the investigation and that they must not be made available to third country authorities.

- Independence and powers of investigative bodies (AM 1, 14, 15): These amendments require that investigative bodies are endowed with the necessary permanent decision making powers and that they are independent of bodies carrying out investigations for purposes of law enforcement or determining liability.

- Involvement of EMSA in safety recommendations (AM 7 and 20): The European Maritime Safety Agency should assist the Commission in making safety recommendations.

- Deadline for starting investigations (AM 12): Members States should be obliged to start the safety investigation no later than 2 months after the accident occurred.

- Commission to decide lead investigating Member State if disagreement among the Member States concerned (AM 13): This amendment aims to preclude parallel investigations. If Member States fail to determine a lead investigating state by mutual agreement, the Commission should take a decision.

- Regulatory procedure with scrutiny for adoption or modification of common methodology for investigations (AM 11 and 23): The Common methodology for investigations should be updated in accordance with the regulatory procedure with scrutiny.

- Taking into account findings of accident investigations in adopting or modifying investigation methodology (AM 2 and 19): The conclusions drawn in investigation reports should be taken into account, when adopting or updating the methodology.

- Fair treatment of seafarers (AM 3 and 22): These amendments stipulate that Member States shall apply the IMO guidelines on the fair treatment of seafarers in the event of a maritime accident.

- Other issues: These include an emphasis on the need to ensure accordance with the UNCLOS Convention (AM 6), a reference to rapid alert measures (AM 10), and a requirement for the Commission to report every three years to Parliament on the implementation of the Directive.

3.        Council common position

a.) Consideration of Parliament's amendments

Only 3 of the 23 amendments were fully taken into account by the Council: Two of them (AM 11 and 23) relate to the introduction of the regulatory procedure with scrutiny for defining and updating the joint methodology for investigations. The other amendment (AM 5) which was fully considered makes clear that safety investigations must not be concerned with determining liability or apportioning blame. Two amendments were taken into account partly. Firstly, Council introduced a recital on the fair treatment of seafarers with a text similar to amendment 3. Secondly, it included a reference to UNCLOS into Article 2(1) but unlike amendment 6 with particular reference to the definition of territorial sea and internal waters. The remaining amendments were not incorporated into the common position.

b.) New elements introduced by Council

The common position makes numerous changes to parts of the Commission proposal not touched upon by Parliament in first reading. The following ones are the most significant:

- Restricting the scope of the Directive: According to the common position, safety investigations would only be obligatory for very serious incidents. In the event of serious (and other) marine casualties, the investigative body can decide whether or not to carry out an investigation. Distress alerts are completely excluded from the scope of the Directive.

- Functional independence of investigative bodies: The common position gives Member States more autonomy in determining functional and organisational structures. It also exempts landlocked Member States with no ships flying their flag from establishing an investigative body (they would only have to establish 'independent focal points').

- Including fishing vessels with a length of more than 15m in the scope of the Directive: The Commission proposal excludes fishing vessels with a length of less than 24m.

- Flexibility relating to methodology for investigating accidents: Member States would only have to respect 'principles' of the common methodology (with guidelines to be developed by the Commission and Member States on processes and best practices to be used in implementing them), whereas the proposal foresees that Member States must apply the common methodology as such.

- Regulatory procedure with scrutiny for updating definitions and annexes: Parliament in first reading introduced the regulatory procedure with scrutiny only for defining a joint methodology (see above). The Council extends its field of application to the updating of definitions and annexes.

- Other changes: They relate among other things to the co-operation between Member States and the possibility for MS to produce simplified reports for certain investigations. In addition, Council deletes the obligation to draw up correspondence tables indicating by which national provisions the Directive is transposed. Some other modifications are of a technical nature and/or serve to clarify the text.

4.        Rapporteur's recommendations for second reading

a.) Reintroduction of amendments from first reading

As mentioned above, only 3 of Parliament's amendments in first reading were fully taken into account by the Council, while 2 were considered in part. It is not necessary, however, to re-table these 2 amendments. First of all, the Council's more specific reference to UNCLOS is preferable over the wording of Parliament's amendment. As far as the recital on the fair treatment of seafarers is concerned, it is sufficient to adapt the Council's wording in line with the corresponding Article introduced by Parliament.

Your rapporteur recommends that all remaining Parliament amendments from first reading (see point 2) are reintroduced. Some of them are placed in parts of the text other than where they were inserted in first reading in order to ensure that the Directive maintains a coherent structure. For similar reasons, the wording of certain amendments was slightly adapted, but without changing their substance.

b.) Acceptable Council modifications

Some of the Council's changes to the Commission proposal are necessary technical adaptations and/or clarify the wording and should therefore be accepted. Others concern substantial elements of the proposal. As far as these changes strengthen the Directive (reducing the maximum length of fishing vessels to be exempted from the scope) or increase Parliament's powers in the adoption of implementing measures (introduction of regulatory procedure with scrutiny for updating definitions and annexes), your rapporteur recommends that they be taken on board. Furthermore, it is suggested to accept the special provision for landlocked countries in relation to requirements for establishing investigative bodies. Finally, Parliament could accept a provision allowing Member States to publish a simplified report on the investigation of accidents that are not serious or very serious.

c.) Rejected Council modifications

A number of modifications introduced by the Council would reduce the Directive's effectiveness and should therefore be rejected in your rapporteur's view. It is therefore suggested to amend the respective parts of the common position so as to restore the text of the Commission proposal.

In particular, it is not acceptable to limit mandatory safety investigations to very serious incidents only (thus excluding serious accidents). Likewise, distress alerts should remain within the scope of the Directive so that they are at least examined by the competent body, who may subsequently decide whether or not to carry out a full investigation.

Secondly, your rapporteur considers it essential that Member States apply a common methodology in investigating accidents, such as foreseen by the Commission proposal. The Council's changes to the text, according to which Member States would only have to follow principles of the common methodology, should thus be rejected.

Thirdly, it is of utmost importance to ensure that investigative bodies are impartial and functionally independent. The Directive should make specific references to those national marine authorities, from which the investigative bodies must be functionally independent because there could otherwise be a potential conflict of interest. Hence, these references (which are missing in the common position) should be restored.

Finally, Parliament should not accept the Council's deletion of the Member States' obligation to draw up correspondence tables, which indicate precisely by which national provision each of the Directive's requirements is transposed. Correspondence tables ensure that the Commission can thoroughly scrutinise the transposition and implementation of the Directive by Member States, which is of key importance for its effectiveness.

PROCEDURE

Title	Investigation of accidents in the maritime transport sector
References	05721/5/2008 – C6-0226/2008 – 2005/0240(COD)
Date of Parliament’s first reading – P number	25.4.2007                     T6-0147/2007
Commission proposal	COM(2005)0590 - C6-0056/2006
Date receipt of common position announced in plenary	19.6.2008
Committee responsible        Date announced in plenary	TRAN 19.6.2008
Rapporteur(s)        Date appointed	Jaromír Kohlíček 23.6.2008
Discussed in committee	14.7.2008		25.8.2008
Date adopted	4.9.2008
Result of final vote	+: –: 0:	40 0 0
Members present for the final vote	Gabriele Albertini, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Francesco Ferrari, Brigitte Fouré, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Marian-Jean Marinescu, Erik Meijer, Seán Ó Neachtain, Reinhard Rack, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Ţicău, Yannick Vaugrenard, Roberts Zīle
Substitute(s) present for the final vote	Luigi Cocilovo, Zita Gurmai, Lily Jacobs, Anne E. Jensen, Rosa Miguélez Ramos, Vladimír Remek, Dominique Vlasto, Corien Wortmann-Kool