WHAT IS THE AIM OF THE DIRECTIVE?
Directive 2009/18/EC, as amended and updated by Directive (EU) 2024/3017, aims to:
- improve maritime safety;
- prevent pollution from ships;
- reduce the risk of future maritime casualties.
It does so by:
- requiring safety investigations into marine casualties and incidents to determine their cause;
- ensuring timely and accurate reporting of the investigations and the remedies proposed;
- not determining liability or apportioning blame for any incidents.
KEY POINTS
The directive covers incidents that:
- involve ships flying a European Union (EU) Member State’s flag,
- occur within a Member State’s territorial sea and internal waters,
- impact on a Member State’s other substantial interests.
The directive does not cover incidents involving only:
- a Member State's war, troop and other ships on government non-commercial service,
- vessels relying on wind power or pleasure craft, unless they are crewed and carry more than 12 commercial passengers,
- inland waterway vessels,
- fixed offshore drilling platforms.
Status of safety investigations
Member States:
- provide investigators with the legal status and resources to do their work as effectively and quickly as possible; such investigators should be independent in their structure and decision-making of any party whose interests could conflict with the tasks entrusted to them;
- ensure investigations are independent of, and may not be suspended or delayed by, any criminal or other parallel inquiry and are free to report their findings without any outside interference;
- provide that investigation authorities can cooperate with investigation authorities in other Member States;
- require the relevant authorities to notify the investigation authority without delay of any casualty or incident;
- take account of International Maritime Organization (IMO) guidelines on the fair treatment of seafarers in any maritime accident in their waters;
- provide that the investigation authority may, on the basis of its investigations, adopt safety recommendations addressed to interested parties to take account of lessons learned from the accident to prevent its reoccurance;
- lay down rules on penalties for any infringements of the directive.
Obligation to investigate
A safety investigation:
- takes place after a very serious marine casualty1:
- involving a ship flying that Member State’s flag,
- occurring in that Member State’s territorial sea or internal waters, irrespective of the flag of the ship(s) involved,
- impacting on a Member State’s substantial interest, irrespective of the location of the incident or the flag(s) involved,
- affecting a fishing boat under 15 metres in length, if the investigating authority decides to open an inquiry following a preliminary assessment, which must take place within two months of the incident,
- in any other marine casualty or incident not covered by the above, if the safety investigation authority so decides;
- respects the scope and practical arrangements the lead investigating authority sets;
- follows the IMO guidelines for investigators, although the latter may depart from them when they judge it necessary;
- is opened if the investigation authority decides that the ship's structure, equipment, procedure, crew and management were relevant to a marine casualty or incident involving shore or port workers and occurring when a ship is alongside or in dock;
- starts without delay, and at the latest within two months, after a casualty or incident;
- informs national maritime security authorities immediately if it suspects an offence has been committed.
Safety investigation rules state:
- each marine casualty or incident is subject to a single investigation, with parallel investigations strictly limited to exceptional cases;
- incidents involving a ro-ro passenger ship2 or high-speed passenger craft in a Member State’s waters are investigated by that Member State and, if occurring elsewhere, by the last Member State the vessel visited;
- data and records in an investigation remain confidential, unless the competent authorities consider there is an overriding public interest in their disclosure;
- parties involved in a casualty or incident must save, and not tamper with, all relevant evidence, such as charts, logbooks, recordings and video tapes.
Safety investigation authorities:
- must be impartial, independent and permanent, with the necessary powers, means, finance and suitably qualified staff to carry out their duties;
- may collect and analyse maritime safety data, particularly for preventive purposes;
- have access to any information and technological means, such as witness interviews and survey records;
- respond immediately when notified of a casualty;
- may give an early alert during an investigation if they consider urgent EU action is needed.
A permanent cooperation framework of Member State investigation authorities:
- enables safety investigation authorities to:
- cooperate with each other,
- share installations, facilities and equipment,
- develop common principles for following up safety recommendations and adapting investigative methods;
- enables the organisation of training activities;
- promotes cooperation with non-EU authorities and international maritime organisations.
Accident reports:
- are published, in a format set out in Annex I, after each investigation;
- may be limited to a concise report where:
- the investigation does not concern a very serious marine casualty,
- the findings would not prevent future marine casualties or incidents;
- should, with their conclusions and any recommendations, be finalised within 12 months of the incident (if this is not possible interim reports should be presented within the same time frame for very serious marine casualties).
Safety recommendations:
- must be taken into account by the addressees to prevent future accidents and receive adequate follow-up;
- may be made by a safety authority or the Commission on the basis of abstract data and earlier investigations.
The European marine casualty information platform:
- stores and analyses all data on marine casualties and incidents;
- receives:
- information from Member States on all marine casualties and incidents (for fishing vessels under 15 metres, the requirement applies only to very serious marine casualties), according to the format in Annex II,
- notifications from safety investigation authorities of all very serious marine casualties;
- develops, with the Commission and Member States, knowledge sharing and training on new legal and technological developments.
Implementation report
By 27 June 2032, the Commission must present a report, with possible recommendations, to the European Parliament and the Council of the European Union on the implementation of the directive.
FROM WHEN DO THE RULES APPLY?
Directive 2009/18/EC had to be transposed into national law by 17 June 2011. The rules apply from the same date.
Amending Directive (EU) 2024/3017 has to be transposed by 27 June 2027. The rules will apply from the same date.
BACKGROUND
For further information, see:
KEY TERMS
- Very serious marine casualty. A marine casualty involving total loss of the vessel, a death or severe damage to the environment.
- Ro-ro passenger ship. A ship, where road or rail vehicles can roll on and off, and carrying more than 12 passengers.
MAIN DOCUMENT
Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 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 (OJ L 131, 28.5.2009, pp. 114–127).
Successive amendments to Directive 2009/18/EC have been incorporated into the original text. The consolidated version is of documentary value only.
RELATED DOCUMENTS
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 (OJ L, 2024/3017, 6.12.2024).
Directive (EU) 2017/2110 of the European Parliament and of the Council of 15 November 2017 on a system of inspections for the safe operation of ro-ro passenger ships and high-speed passenger craft in regular service and amending Directive 2009/16/EC and repealing Council Directive 1999/35/EC (OJ L 315, 30.11.2017, pp. 61–77).
Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, pp. 1–9).
See consolidated version.
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 and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, pp. 10–27).
See consolidated version.
Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, pp. 1–5).
See consolidated version.
