The common
position, which was adopted unanimously, does not require any changes to the
original proposal which the Commission could not accept.
The Commission
expressed regret regarding the addition to Article 8(1) of provisions for
landlocked Member States without a fleet, but it should be noted that the
local contact point which these States have to designate must be independent.
The Commission
therefore recognises that the common position alters neither the aims nor the
spirit of the proposal and is therefore able to accept it.
Amendments
accepted by the Commission and incorporated in full or in part in the common
position: the Commission is of the opinion that
the amendment stating that the investigations provided for by the proposal
are not aimed at determining liability or apportioning blame is acceptable.
However, the Commission believes that it should be reworded so that the
proposal preserves the principle whereby the authority responsible for the
investigation should not refrain from disclosing all the causes by claiming
that liability could be inferred from those findings. This is precisely what
the new wording adopted by the Council suggests.
Amendments
accepted by the Commission but not incorporated in the common position: they:
- state that
the guidelines on the fair treatment of seafarers, adopted on 27/04/2006
by the IMO Legal Committee, should be taken into account;
- set out to
further protect the confidentiality of evidence obtained during an investigation
through cooperation with other Member States;
- specify the
period within which the investigation must start and set out to
guarantee the independence of the investigative bodies vis-à-vis the
authorities responsible for judicial inquiries.
Amendments
rejected by the Commission and not incorporated in the common position: these aim to:
- put the
emphasis on the investigative bodies' resources but do away with their
permanent nature;
- incorporate recommendations
for preventing further accidents into the common methodology, which has
to be adopted through the comitology procedure;
- explain the
background to the recommendations which the Commission might make, state
that EMSA is to provide assistance;
- introduce an
unnecessary mechanism which is difficult to implement, to resolve
conflicts between Member States when they are unable to agree which of
them should be the lead investigating State;
- remove the
possibility for the judicial authorities of Member States to be sent certain
– in principle, strictly confidential – information (and in particular
witness interviews) collected in the course of an investigation;
- oblige the Commission
to report to the Parliament every 3 years on the state of implementation
of the Directive.