Directive 2024/3017 - Amendment of Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector - Main contents
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Directive (EU) 2024/3017 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/18/EC of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and repealing Commission Regulation (EU) No 1286/2011| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/3017 |
| Regdoc number | PE(2024)90 |
| Original proposal | COM(2023)270  |
| CELEX number i | 32024L3017 |
| Document | 27-11-2024; Date of signature |
|---|---|
| Signature | 27-11-2024 |
| Effect | 26-12-2024; Entry into force Date pub. +20 See Art 4 |
| End of validity | 31-12-9999 |
| Transposition | 27-06-2027; See Art 2.1 |
Official Journal of the European Union |
EN L series |
2024/3017 |
6.12.2024 |
DIRECTIVE (EU) 2024/3017 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 November 2024
amending Directive 2009/18/EC of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and repealing Commission Regulation (EU) No 1286/2011
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive 2009/18/EC of the European Parliament and of the Council (3) establishes the fundamental principles governing the investigation of accidents in the maritime transport sector and provides for a system of marine safety investigations (‘safety investigations’). Maritime accidents falling within the scope of that Directive are investigated by independent investigative bodies established in the Member States to improve maritime safety, as well as to protect the marine environment, in order to learn from the past with a view to preventing future casualties and incidents. |
(2) |
Since the entry into force of Directive 2009/18/EC, there have been changes in the international regulatory environment and technological developments. Those changes and developments, as well as the experience gained in the implementation of that Directive, should be taken into account. |
(3) |
In that regard, the Union, in line with its international commitments related to protecting the marine environment, should continue exerting leadership in a sector that is regulated at both European and international levels. |
(4) |
Directive 2009/18/EC refers to a number of legal texts adopted by the International Maritime Organization (IMO) which have been abrogated, amended or revised since its entry into force. That Directive refers, for example, to the IMO Code for the Investigation of Marine Casualties and Incidents adopted by IMO resolution A.849(20) of 27 November 1997 which has been revoked by the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident adopted by IMO resolution MSC.255(84) of 16 May 2008 (‘IMO Casualty Investigation Code’) and by the Guidelines to Assist Investigators in the Implementation of the Casualty Investigation Code adopted by IMO resolution A.1075(28) of 4 December 2013 (‘IMO Guidelines to Assist Investigators in the Implementation of the Casualty Investigation Code’). |
(5) |
The IMO Casualty Investigation Code introduces new definitions, such as the definition of ‘marine safety investigation authority’, while other concepts, such as that of ‘serious casualty’, are deleted. Those changes should be incorporated into Directive 2009/18/EC. |
(6) |
Directive 2009/18/EC also refers to IMO circular MSC-MEPC.Circ.3 of 18 December 2008 – Reports on marine casualties and incidents, Revised harmonized reporting procedures, which was superseded by IMO circular MSC-MEPC. 3/circ.4/rev.1 of 18 November 2014. |
(7) |
The IMO Guidelines to Assist Investigators in the Implementation of the Casualty Investigation Code provide practical advice for the systematic investigation of marine casualties and incidents and allow the development of effective analysis and preventive action. Those Guidelines supersede the common... |
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