10 Amendments of Pierre KARLESKIND related to 2023/0164(COD)
Amendment 10 #
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 as well as gathering data to be able to better prevent future accidents by introducing a preliminary assessment of very serious marine casualties involving fishing vessels less than 15 metres loength to determine whether the authorities should open a safety investigation as well as collecting data on the type of fisheries involved in accidents leading to very serious marine casualties.
Amendment 14 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/18/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
7a. “fishing vessel” shall be understood in accordance with the definition contained in Article 4 of Regulation 1224/2009
Amendment 29 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/18/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Safety investigations carried out under this Directive shall result in a published report presented in a format defined by the competent investigation authority and in accordance with the relevant sections of Annex I. When the report concerns a fishing vessel, it shall also contain information on the type of fisheries it conducted at the time of the accident.
Amendment 31 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2009/18/EC
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The investigation authorities of the Member States shall notify all very serious marine casualties to EMCIP. The Member States may decide upon and nominate the competent national authority or authorities to report on all other marine casualties and incidents. When the Commission is aware of a marine casualty or incident, it shall also report thereon to EMCIP. When the notification concerns a fishing vessel, it shall also contain information on the type of fisheries it conducted at the time of the accident.
Amendment 32 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2009/18/EC
Article 23
Article 23
The Commission shall by [OP: Please insert a date: ten years from the date of entry into force of this amending Directive] and every five years thereafter submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive and, where appropriate, present proposals for improvements. When preparing this report the Commission shall, where appropriate, make use of information gathered by EU agencies such as EFCA and EMSA.
Amendment 38 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) It is important to consider the working and living conditions of the crew, as well as their training and qualifications, when an incident occurs, as health, safety, security and social considerations are closely linked, and it is of the utmost importance to determine whether the accident is related to human factors.
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/18/CE
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When carrying out safety investigations, the investigation authority shall follow the IMO Guidelines to assist investigators in the implementation of the Casualty Investigation Code. Investigators must systematically investigate whether the crew's working conditions, in particular working and rest times, may have been the cause of the accident in question. Investigators may depart from these guidelines where this can be justified as necessary, in their professional judgement to achieve the aims of the investigation. The Commission may adapt the guidelines for the purposes of this Directive, taking into account any relevant lessons drawn from safety investigations, in accordance with the procedure referred to in Article 19.
Amendment 45 #
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, working conditions (including working hours, rest periods, time spent at sea and ashore and the desnity of maritime traffic) and ship management to the activity being undertaken.
Amendment 59 #
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 62 #
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)