Visits to Member States concerning the investigation of accidents in the maritime transport sector
The cycle of visits to the Member States in relation to 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, was initiated in 2012 and was completed in 2017.
Article 1 of the Directive states:
The purpose of this Directive is to improve maritime safety and the prevention of pollution by ships, and so reduce the risk of future marine casualties, by:
(a) facilitating the expeditious holding of safety investigations and proper analysis of marine casualties and incidents in order to determine their causes; and
(b) ensuring the timely and accurate reporting of safety investigations and proposals for remedial action.
The visits examined in particular the following:
1. The way in which the Directive has been transposed and implemented in operational terms.
2. The national provisions for ensuring that notifications on marine casualties are reported to the accident investigation body.
3. The national provisions for ensuring that each maritime casualty is assessed in order to determine the need for an accident investigation.
4. The national provisions for ensuring that the infrastructure and organisation as required by the Directive is in place, operated, and maintained.
5. The national provisions for ensuring that the investigation of maritime casualties is conducted in accordance with the requirements of the Directive.
6. The national provisions for ensuring the fair treatment of seafarers is implemented and applied in accordance with the guidelines issued by the IMO.
7. The national provisions for the reporting and registration of investigations of marine casualties conducted by the Member State in the EMCIP.
8. The national provisions for ensuring that the identification, reporting and follow-up of safety recommendations are in place.
9. The national provisions for the enforcement of the requirements of the Directive as transposed are in place and that sanctions are being applied for non-compliance.