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)

‘2 Since the purpose of marine safety investigations (“safety investigations”) pursuant to this Directive is not to determine liability or apportion blame, no fault or liability shall be inferred from the findings of those investigations. Member States shall ensure that the marine safety investigation authorities (“safety investigation authorities”) are not prevented or hindered from fully reporting the causes of a marine casualty or incident.’

For the purposes of this Directive, the following definitions apply: (1) “IMO Casualty Investigation Code” means the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident in the Annex to IMO resolution MSC.255(84) of the IMO Maritime Safety Committee of 16 May 2008, in its up-to-date version; (2) “IMO Guidelines to Assist Investigators in the Implementation of the Casualty Investigation Code” means the guidelines in the Annex to IMO resolution A.1075(28) adopted by the IMO Assembly on 4 December 2013, in their up-to-date version; (3) the following terms shall be understood in accordance with the definitions contained in the IMO Casualty Investigation Code: (a) “marine casualty”; (b) “very serious marine casualty”; (c) “marine incident”; (d) “marine safety investigation”; (e) “marine safety investigation authority”; (f) “marine safety investigating State”; (g) “substantially interested State”; (h) “serious injury”; (4) “IMO Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident” means the guidelines in the Annex to IMO resolution LEG.3(91) of the IMO Legal Committee of 27 April 2006 as approved by the Governing Body of the International Labour Organisation at its 296th session of 12 to 16 June 2006, in their up-to-date version; (5) “ro-ro passenger ship” means “ro-ro passenger ship” as defined in Article 2, point (1), of Directive (EU) 2017/2110 of the European Parliament and of the Council ; (6) “high-speed passenger craft” means “high-speed passenger craft” as defined in Article 2, point (2), of Directive (EU) 2017/2110; (7) “voyage data recorder” (“VDR”) means “voyage data recorder” as defined in point 4.1 of the Annex to IMO resolution MSC.333(90) of the IMO Maritime Safety Committee of 22 May 2012, in its up-to-date version and as supplemented by the relevant IMO performance standards applicable on the date of installation on-board of that VDR, and without prejudice to Union law; (8) “simplified voyage data recorder” (“S-VDR”) means “simplified voyage data recorder” as defined in point 4.1 of the Annex to IMO resolution MSC. 163(78) of the IMO Maritime Safety Committee of 17 May 2004, in its up-to-date version and as supplemented by the relevant IMO performance standards applicable on the date of installation on-board of that S-VDR, and without prejudice to Union law; (9) “safety recommendation” means any proposal made, including for the purposes of registration and control, by: (a) the safety investigation authority of the State conducting or leading the safety investigation on the basis of information derived from that investigation; or (b) where appropriate, the Commission, acting on the basis of an abstract data analysis and the results of safety investigations carried out; (10) “length of a fishing vessel” means “length of a fishing vessel” within the meaning of Article 2 of Regulation (EU) 2017/1130 of the European Parliament and of the Council ; (11) “fatal injury” means an injury which is sustained by a person in an accident, and which results in his or her death within 30 days of the date of the accident, if the related information is available.

1 Each Member State shall ensure that a safety investigation is carried out by the safety investigation authority referred to in Article 8 after any very serious marine casualty: (a) involving a ship flying its flag, irrespective of the location of the casualty; (b) occurring within its territorial sea and internal waters as defined in UNCLOS, irrespective of the flag of the ship or ships involved in the casualty; or (c) involving a substantial interest of the Member State, irrespective of the location of the casualty and of the flag of the ship or ships involved in the casualty.

2 In the case of a fishing vessel of less than 15 metres in length, the safety investigation authority shall without delay and no later than two months after the very serious marine casualty referred to in paragraph 1 of this Article, carry out a preliminary assessment to determine whether to conduct a safety investigation. Where the safety investigation authority decides not to conduct such a safety investigation, the reasons for that decision shall without delay and no later than two months after the very serious marine casualty be recorded and notified in accordance with Article 17(3).

3 When deciding whether to conduct a safety investigation in accordance with paragraph 2, the safety investigation authority shall take into account the evidence available, as well as the potential for the findings of the safety investigation to lead to the prevention of future marine casualties and incidents.

4 In the case of any marine casualty or incident not covered by paragraph 1, 2 or 3, the safety investigation authority shall decide whether to conduct a safety investigation.

5 The scope and practical arrangements for the conduct of safety investigation shall be determined by the safety investigation authority of the lead investigating Member State in cooperation with the equivalent authorities of the other substantially interested States, in a manner that the safety investigation authority of the lead investigating Member State believes will be most conducive to achieving the objective of this Directive, and with a view to preventing future marine casualties and incidents.

6 When carrying out safety investigation, the safety investigation authority shall follow the IMO Guidelines to Assist Investigators in the Implementation of the Casualty Investigation Code. Investigators may depart from those guidelines where this can be justified as necessary, in their professional judgement, in order to achieve the aims of the safety investigation. The Commission may adopt recommendations for the implementation of those guidelines, taking into account any relevant lessons drawn from safety investigations, and after consulting the safety investigation authorities in the context of the permanent cooperation framework referred to in Article 10.

7 When deciding whether a marine casualty or incident occurring when a ship is 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, Member States shall, in accordance with their national law, give particular consideration to the involvement of the ship’s structure, equipment, procedures, crew and ship management in and their relevance to the activity being undertaken.

8 A safety investigation shall be started without delay after the occurrence of the marine casualty or incident, and, in any event, no later than two months thereafter.

9 In accordance with national law, if in the course of a safety investigation it becomes known or it is suspected that an offence has been committed under Articles 3, 3bis, 3ter or 3quater of the IMO Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation of 10 March 1988, in its up-to-date version, the safety investigation authority shall immediately inform the maritime security authorities of the Member State or Member States and of any third country concerned thereof.

A Member State shall require, in the framework of its legal system, that its safety investigation authority be notified without delay, by the responsible authorities or by the parties involved, or by both, of the occurrence of all marine casualties and incidents falling within the scope of this Directive.’

1 Member States shall ensure that safety investigations are conducted under the responsibility of an impartial, independent and permanent safety investigation authority, endowed with the necessary powers and with sufficient means and financial resources, and with suitably qualified investigators, competent in matters relating to marine casualties and incidents, in order to comply with their obligations pursuant to this Directive. Safety investigation authorities shall not be precluded from appointing on a temporary basis appropriate investigators with the necessary specialist skills to form part of a safety investigation, or from using consultants to provide it with expert advice on any aspect of a safety investigation. In order to conduct a safety investigation in an unbiased manner, the safety investigation authority shall be independent in its organisation, legal structure and decision-making of any party whose interests could conflict with the task entrusted to it. Landlocked Member States which have neither ships nor vessels flying their flag within the scope of this Directive shall identify an independent body to serve as a focal point for cooperation on the safety investigation pursuant to Article 5(1), point (c).

2 The safety investigation authority shall ensure that individual investigators have a working knowledge of, and practical experience in, those subject areas pertaining to their normal investigative duties. Additionally, the safety investigation authority shall ensure ready access to appropriate expertise, as necessary.

3 The activities entrusted to the safety investigation authority may be extended to the gathering and analysis of data relating to maritime safety, in particular for prevention purposes, insofar as those activities do not affect its independence or entail responsibility in regulatory, administrative or standardisation matters.

4 Member States, acting in the framework of their respective legal systems, shall ensure that the investigators of their safety investigation authority, or of any other safety investigation authority to which they have delegated the task of safety investigation, where appropriate in collaboration with the authorities responsible for the judicial inquiry, are provided with any information and technological means pertinent to the conduct of the safety investigation and therefore are authorised to: (a) have access to any relevant area or casualty site as well as to any ship, wreck or structure including cargo, equipment or debris; (b) ensure the immediate listing of evidence and controlled search for and removal of wreckage, debris or other components or substances for examination or analysis; (c) require the examination or analysis of the items referred to in point (b), and have free access to the results of such examination or analysis; (d) have free access to, and be able to copy, and have use of any relevant information and recorded data, including VDR or S-VDR data, pertaining to a ship, vessel traffic service recordings, voyage, cargo, crew or any other person, object, condition or circumstance; (e) have free access to the results of examinations of the bodies of victims or of tests made on samples taken from the bodies of victims; (f) require and have free access to the results of examinations of, or tests made on, samples taken from, people involved in the operation of a ship or any other relevant person; (g) interview witnesses in the absence of any person whose interests could be considered to be detrimental to the safety investigation; (h) obtain survey records and relevant information held by the flag State, the owners, classification societies or any other relevant party, whenever those parties or their representatives are established in the Member State; (i) call for the assistance of the relevant authorities in the respective States, including flag State and port State surveyors, coastguard officers, vessel traffic service operators, search and rescue teams, pilots or other port or maritime personnel.

5 The safety investigation authority shall be enabled to respond immediately on being notified at any time of a casualty, and to obtain sufficient resources to carry out its functions independently. Its investigators shall be afforded a status that gives them the necessary guarantees of independence.

6 The safety investigation authority may combine its tasks under this Directive with the work of investigating occurrences other than marine casualties or incidents on condition that such safety investigations do not endanger its independence.

7 Each Member State may develop, implement and maintain a quality management system for its safety investigation authority.

8 The permanent cooperation framework referred to in Article 10 shall support safety investigation authorities and enhance their safety investigation capabilities by drawing up guidance and recommendations to ensure that safety investigations are conducted in a consistent manner, and shall in this regard develop and implement a peer review programme.

1 Without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council , a Member State, acting in the framework of its legal system, shall ensure that the following records are not made available for purposes other than the safety investigation, unless that Member State’s competent authority concludes that there is an overriding public interest in the disclosure of those records, including where that competent authority concludes that the benefits of the disclosure outweigh the adverse domestic and international impact that such disclosure could have on that or any future safety investigation: (a) all statements taken from persons by the safety investigation authority in the course of the safety investigation; (b) records revealing the identity of persons who have given evidence in the context of the safety investigation; (c) information collected by the safety investigation authority that is of a particularly sensitive and personal nature, including information concerning the health of individuals; (d) material subsequently produced during the course of the safety investigation such as notes, drafts and opinions written by the investigators, and opinions expressed in the analysis of information; (e) information and evidence provided by investigators from other Member States or third countries in accordance with the international standards and recommended practices, where so requested by their safety investigation authority; (f) draft of interim, concise or final reports; (g) all communications between persons having been involved in the operation of the ship; (h) written or electronic recordings and transcriptions of recordings from vessel traffic service, including their reports and results made for internal purposes.

2 VDR and S-VDR recordings from a safety investigation shall not be made available or used for purposes other than those of the safety investigation or of ship safety, unless such recordings are anonymised or disclosed under secure procedures.

3 For the purposes referred to in paragraph 1, only data that is strictly necessary shall be disclosed.

4 Member States may decide to limit the cases in which a disclosure as referred to in paragraph 3 may be taken, while respecting Union law.

1 Safety investigations carried out under this Directive shall result in a published accident report presented in a format defined by the competent safety investigation authority and in accordance with the relevant sections of Annex I. A safety investigation authority may decide to publish only a concise report on a safety investigation, where: (a) the safety investigation does not concern a very serious marine casualty; or (b) the findings of the safety investigation concerning a marine casualty or incident do not have the potential to lead to the prevention of future marine casualties or incidents.

2 A safety investigation authority shall make every effort to make the accident report referred to in paragraph 1, including its conclusions and any possible recommendations, available to the public, and especially to the maritime sector, within 12 months of the date of the marine casualty or incident. If, in the case of a very serious marine casualty, it is not possible to produce the final accident report within that time, an interim accident report shall be published within 12 months of the date of the marine casualty or incident.

3 The safety investigation authority of the lead investigating Member State shall send a copy of the final or interim report to the Commission. The safety investigation authority shall take into account any technical observations of the Commission on final reports provided that those observations do not affect the substance of the findings, in order to improve the quality of the accident report in the way most conducive to achieving the objective of this Directive.

4 The Commission is empowered to adopt delegated acts in accordance with Article 20 in order to amend the following parts of Annex I to this Directive: “2. Factual information”, “3. Narrative” and “4. Analysis”.’

1 The Commission, with the assistance of the Agency and in cooperation with Member States, shall facilitate the development of capacities within and the sharing of knowledge between the safety investigation authorities through the provision of regular training on new legal and technological developments, specific techniques and tools and technologies relating to ships, their equipment and operations, depending on the needs of safety investigation authorities.

2 At the request of the safety investigation authorities, and assuming that no conflict of interest arises, the Commission shall provide operational support to the Member States in the conduct of their safety investigations. Such support may include the provision of specialised analytical tools or equipment, as well as specific expertise, provided that the provision of support does not result in the independence of the safety investigation authorities concerned being compromised.’

1 The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council . That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council .

2 Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

1 The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2 The power to adopt delegated acts referred to in Articles 14(4) and 17(5) shall be conferred on the Commission for an indeterminate period of time from 26 December 2024.

3 The delegation of power referred to in Articles 14(4) and 17(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4 Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making .

5 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6 A delegated act adopted pursuant to Articles 14(4) and 17(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

The amendments to the IMO Casualty Investigation Code shall apply, without prejudice to the Conformity checking procedure set out in Article 5 of Regulation (EC) No 2099/2002.’

The Commission shall by 27 June 2032 submit a report to the European Parliament and to the Council on the implementation of, and compliance with, this Directive, and, if necessary, shall propose further measures in the light of the recommendations set out therein, including considering the possibility of including mandatory safety investigation for fishing vessels of less than 15 meters in length in the scope of this Directive and the impact thereof on the workload of the safety investigation authorities.’

1 Member States shall adopt and publish, by 27 June 2027, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2 Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Regulation (EU) No 1286/2011 is repealed with effect from 27 June 2027.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.