Common methodology for investigating marine casualties and incidents
Commission Regulation (No 1286/2011), adopted on 9 December 2011, lays down a common methodology for investigating marine casualties and incidents pursuant to Directive 2009/18/EC.
To recall, the Accident Investigation Directive 2009/18/EC formed part of Europe’s Third Maritime Safety Package. It established the principles of accident investigation and supplemented the IMO rules with provisions that require Member States to appoint independent investigative bodies to investigate all marine incidents.
In order to provide common standards applicable to all investigations, the investigative body of the leading Member State should follow a common methodology when investigating marine casualties and incidents.
The Commission, with the help of the Committee of Safe Seas (COSS) and the European Maritime Safety Agency (EMSA), has now come forward with this set of legal requirements spelling out the common methodology, which is binding and directly applicable to all Member States.
In particular, the Regulation lays down provisions regarding the following.
Operational readiness
Each investigative body should have a preparedness plan in place to ensure that resources and procedures are immediately available in case of accidents.
Initial assessment and response
Upon receiving notification of an accident, the investigative body should carry out an initial assessment of the overall event. On the basis of this assessment, the investigative body shall decide whether to proceed with the investigation.
Strategy and evidence collection
The investigative body of the leading Member State should swiftly draw up a strategy and appoint an investigator. The regulation also lays down guidelines on how to conduct interviews with witnesses and indications on how to obtain and remove physical evidence from the vessels for the purpose of scientific examination.
Analysis
The investigative body should proceed to the analysis of the collected evidence in order to identify immediate causes and factors contributing to the accident.
Safety recommendations
Based on the analysis, the investigative body should come forward with practical and targeted safety recommendations.
Reports
The investigative body, in co-operation with the interested Member States, should produce a draft report highlighting the facts supporting the final recommendations.
Follow-up
The investigative body should ascertain the actions taken by the relevant organisations or individuals to implement the safety recommendations.
This Commission Regulation was published in the Official Journal on 10 December and will enter into force on 31 December 2011.
Source : INTERTANKO
