I ASSENT Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2012/023
Subsidiary Legislation made under s. 118(1)(c).


GIBRALTAR MERCHANT SHIPPING (ACCIDENT
REPORTING AND INVESTIGATION) REGULATIONS
2012

(LN. 2012/023)
Commencement 5.3.2012
Amending
enactments
Relevant current
provisions
Commencement
date

LN. 2014/033 rr. 2(1), 5A, 7(3), (4), 9(1), (2), (4),
(5), (6), (7), 10(2), (3), (4), (4A), (5),
(5)(b), 13(4)(b), 19(1)-(8), 23(1) &
Sch. 2



20.3.2014

EU Legislation/International Agreements involved:
Directive 1999/35/EC
Directive 2002/59/EC
Directive 2009/18/EC


_______________________


ARRANGEMENT OF REGULATIONS

Regulations.
1. Title and commencement.
2. Interpretation.
3. Application of these Regulations.
4. Purpose of these Regulations.
5. Marine Accident Investigation Compliance Officer.
5A. Appointment of Deputy MAICO.
6. MAICO’s powers and duties.
7. Appointment of inspectors.
8. Impartiality.
9. Duty to report accidents and serious injuries.
10. Obligation to investigate.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
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Subsidiary
2012/023 11. Leading of, and participation in, safety investigation.
12. Subsequent or reopened investigations.
13. Preservation of evidence.
14. Conduct of investigations.
15. Co-operation with Member States.
16. Permanent cooperation framework.
17. Cooperation with substantially interested third countries.
18. Disclosure of records.
19. Reports of investigation.
20. Publication of accident reports.
21. Publications other than reports of investigations.
22. Recommendations.
23. Extension of time.
24. Service of documents.
25. Early alert system.
26. European database for marine casualties: format of notification.
27. Costs.
28. Fair treatment of seafarers.
29. Offences and penalties.
30. Repeal.
31. Savings and transitional provisions.
32. Application of sections 56 and 91 of Act.

SCHEDULE 1
SAFETY INVESTIGATION REPORT CONTENT

SCHEDULE 2
MARINE CASUALTY OR INCIDENT NOTIFICATION DATA


Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2012/023 In exercise of the powers conferred on it by section 118(1)(c) of the
Gibraltar Merchant Shipping (Safety, etc.) Act 1993, and for the purpose of
transposing into the law of Gibraltar 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, the
Government has made the following Regulations−

Title and commencement.

1. These Regulations may be cited as the Gibraltar Merchant Shipping
(Accident Reporting and Investigation) Regulations 2012 and come into
operation on the day of publication.

Interpretation.
2.(1) In these Regulations−

“accident” means one or both of the followings–

(a) marine casualty that includes a serious casualty or very serious
casualty;

(b) marine incident that includes a serious injury;

“Act” means the Gibraltar Merchant Shipping (Safety, etc.) Act, 1993;

“BGTW” means British Gibraltar Territorial Waters which is the area of
sea, the sea bed and subsoil within the seaward limits of the
territorial sea adjacent to Gibraltar under British sovereignty and
which, in accordance with the United Nations Convention on the
Law of the Sea 1982, currently extends to three nautical miles and
to the median line in the Bay of Gibraltar;

“access” means the process of embarking on or disembarking from a ship,
by whatever means employed;

“causes” means actions, omissions, events, existing or pre-existing
conditions or a combination thereof, which led to the casualty or
incident;

“the Directive” means 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
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2012/023 transport sector and amending Council Directive 1999/35/EC and
Directive 2002/59/EC of the European Parliament and of the
Council, as the same may be amended from time to time;

“Deputy MAICO” means the person appointed under regulation 5A;

“EEA State” means a Member State of the European Union, Norway,
Iceland or Liechtenstein;

“Gibraltar ship” means a ship registered in Gibraltar under the Gibraltar
Merchant Shipping (Registration) Act 1993;

“high-speed passenger craft” shall have the meaning assigned to it by
regulation 2 of the Gibraltar Merchant Shipping (Ro-Ro Ferry and
High-Speed Passenger Craft on Regular Service) Regulations 2005;

“IMO” means the International Maritime Organisation;

“IMO Code for the Investigation of Marine Casualties and Incidents”
means the Code for the Investigation of Marine Casualties and
Incidents annexed to Resolution A.849(20) of the IMO Assembly of
27 November 1997, in its up-to-date version;

“IMO guidelines on the fair treatment of seafarers in the event of a
maritime accident” means the updated guidelines as annexed to
Resolution LEG.3(91) of the IMO Legal Committee of 27 April
2006 and as approved by the Governing Body of the International
Labour Organisation in its 296th session of 12 to 16 June 2006;

“inspector” means any person appointed under regulation 7(1) by the
MAICO;

“judicial inquiry” includes any investigation or other matter conducted
under the authority of any enactment for the purposes of or in
connection with the institution or conduct of civil or criminal
proceedings;

“lead investigating State” shall be understood in accordance with the
definition contained in the IMO Code for the Investigation of
Marine Casualties and Incidents;

“Marine Accident Investigation Compliance Officer” or “MAICO” means
the person appointed under regulation 5(1) and where the context
so admits or requires, includes Deputy MAICO or an inspector
acting under his direction or on his behalf;
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

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2012/023
“marine casualty” shall be understood in accordance with the definition
contained in the IMO Code for the Investigation of Marine
Casualties and Incidents;

“marine casualty or incident safety investigation” shall be understood in
accordance with the definition contained in the IMO Code for the
Investigation of Marine Casualties and Incidents;

“marine incident” shall be understood in accordance with the definition
contained in the IMO Code for the Investigation of Marine
Casualties and Incidents;

“Maritime Administration” means the Maritime Administrator appointed
under section 3 of the Act or any other qualified officer in his office;

“Minister” means the Minister with responsibility for the Port and
Shipping;

“pleasure vessel” means

(a) any vessel which is
(i) wholly owned by an individual or individuals and used
only for the sport or pleasure of the owner or the
immediate family or friends of the owner; or

(ii) owned by a body corporate and used only for the sport or
pleasure of employees or officers of the body corporate,
or their immediate family or friends,

and is on a voyage or excursion which is one for which the
owner is not paid for or in connection with operating the vessel
or carrying any person, other than as a contribution to the direct
expenses of the operation of the vessel incurred during the
voyage or excursion, or

(b) any vessel which is wholly owned by or on behalf of a members’
club formed for the purpose of sport or pleasure which, at the
time it is being used, is used only for the sport or pleasure of
members of that club or their immediate family, and for the use
of which any charges levied are paid into club funds and applied
for the general use of the club;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2012/023 and no payments other than those referred to above are made
by or on behalf of the users of the vessel, other than by the
owner, and in this definition, “immediate family” means, in
relation to an individual, the husband, wife of the individual, and
a brother, sister, ancestor or lineal descendant of that individual
or of that individual’s husband or wife;
“preliminary assessment” means the initial part of an investigation which
may be held to establish the causes and circumstances of an accident
with a view to deciding whether any further investigation is
warranted;

“ro-ro ferry” shall have the meaning assigned to it by regulation 2 of the
Gibraltar Merchant Shipping (Ro-Ro Ferry and High-Speed
Passenger Craft on Regular Service) Regulations 2005;

“safety investigation” means an investigation under these Regulations and
where the context so admits means an equivalent investigation
conducted pursuant to the obligations under the Directive;

“safety recommendation” means any proposal made, including for the
purposes of registration and control, by−

(a) the MAICO when conducting, or leading, the safety
investigation on the basis of information derived from that
investigation; or

(b) where appropriate, the European Commission, acting on the
basis of an abstract data analysis and the results of safety
investigations carried out;

“senior surviving officer” means the senior surviving officer in the deck
department and if there is no surviving officer in the deck
department, the senior surviving engineer officer;

“serious casualty” shall be understood in accordance with the updated
definition contained in Circular MSC-MEPC.3/Circ.3 of the IMO
Maritime Safety Committee and Marine Environment Protection
Committee of 18 December 2008;

“serious injury” means an injury which is sustained by a person in a marine
incident resulting in incapacitation for more than 72 hours
commencing within seven days from the date of injury;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

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2012/023 “ship’s boat” includes a life raft, painting punt and any boat normally
carried by a ship;

“substantially interested State” shall be understood in accordance with the
definition contained in the IMO Code for the Investigation of
Marine Casualties and Incidents;

“very serious casualty” shall be understood in accordance with the
definition contained in the IMO Code for the Investigation of
Marine Casualties and Incidents;

“Voyage Data Recorder” or “VDR” shall be understood in accordance
with the updated definition contained in Resolution A.861 (20) of
the IMO Assembly and Resolution MSC.163 (78) of the IMO
Maritime Safety Committee.

(2) Where a ship is managed by a person other than her owner (whether on
behalf of the owner or some other person, or on his own behalf), a reference
in these Regulations to the owner shall be construed as including a reference
to that person.

Application of these Regulations.

3.(1) These Regulations shall apply to accidents that−
(a) involve Gibraltar ships;

(b) occur within BGTW; or

(c) involve other substantial interests of Gibraltar.

(2) These Regulations shall not apply to accidents involving only−
(a) ships of war and troop ships and other ships owned or operated
by a Member State and used only on government non-
commercial service;

(b) ships not propelled by mechanical means, wooden ships of
primitive build, pleasure vessels and pleasure craft not engaged
in trade, unless they are or will be crewed and carrying more
than 12 passengers for commercial purposes;

(c) fishing vessels with a length of less than 15 metres; and

(d) fixed offshore drilling units.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

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2012/023
Purpose of these Regulations.

4.(1) These Regulations seek to improve maritime safety and the prevention
of pollution by ships, and so reduce the risk of future marine casualties,
incidents or accidents 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.

(2) Investigations under these Regulations shall not be concerned with
apportioning blame nor with determining civil or criminal liabilities.

Marine Accident Investigation Compliance Officer.

5.(1) There shall be a permanent officer to be known as the Marine Accident
Investigation Compliance Officer or ‘MAICO’ to ensure that safety
investigations in matters relating to marine casualties and incidents are
carried out in accordance with these Regulations, the Directive and any
relevant international obligation.

(2) The MAICO shall be appointed by the Government and shall hold
office on such terms and conditions as may be provided for in the instrument
of appointment.

(3) The MAICO shall be provided with such resources, including human
resources, as the Government considers are reasonably required to discharge
the duties imposed on him under these Regulations.

Appointment of Deputy MAICO.

5A. The Government may appoint a fit and proper person to be the Deputy
MAICO–

(a) who shall act under the direction of or on behalf of the MAICO;
and

(b) on such terms and conditions as may be specified in the
instrument of his appointment.

MAICO and inspectors’ powers and duties.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

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6.(1) Upon receipt of notification of a casualty it shall be the duty of the
MAICO to immediately respond to it in the manner and to the extent
provided for in these Regulations.

(2) The MAICO and an inspector shall have the power to−

(a) have free access to any relevant area or casualty site as well as
to any ship, wreck or structure including cargo, equipment or
debris;

(b) ensure immediate listing of evidence and controlled search for
and removal of wreckage, debris or other components or
substances for examination or analysis;

(c) require examination or analysis of the items referred to in
paragraph (b), and have free access to the results of such
examinations or analysis;

(d) have free access to, copy and have use of any relevant
information and recorded data, including data from VDR,
pertaining to a ship, 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 as hampering 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 Gibraltar; and

(i) call for the assistance of the relevant, including flag-State and
port-State surveyors, coastguard officers, vessel traffic service
operators, search and rescue teams, pilots or other port or
maritime personnel.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
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2012/023
(3) The MAICO may−

(a) gather data relating to maritime safety and analyse such data,
for prevention purposes, insofar as these activities do not affect
his independence or entail responsibility in regulatory,
administrative or standardisation matters; and

(b) combine its duties under these Regulations with the
investigation of occurrences other than marine casualties if such
investigations do not endanger its independence.

(4) The Government must ensure that the MAICO and an inspector, where
appropriate in collaboration with an authority responsible for any judicial
inquiry, are provided with any information pertinent to the conduct of the
safety investigation.

(5) The MAICO must ensure, and where appropriate through collaboration
with any authority undertaking a judicial enquiry, that a safety investigation
under these Regulations is−

(a) independent of criminal or other parallel investigations held to
determine liability or to apportion blame; and

(b) not unduly precluded, suspended or delayed by reason of such
investigations.

(6) Notwithstanding subregulation (5), the MAICO or an inspector must
not refrain from fully reporting the causes of a marine casualty or incident on
the ground that fault or liability may be inferred from the findings.

(7) For the purposes of conducting an investigation under these
Regulations, the MAICO shall ensure that he and any inspector has ready
access to appropriate expertise, as necessary.

Appointment of inspectors.

7.(1) The MAICO may appoint inspectors to assist him in the discharge of
any duty or obligation imposed on him.

(2) The MAICO shall ensure that every inspector appointed pursuant to
subregulation (1)−

(a) is a suitably qualified investigator and competent in matters
relating to marine casualties and incidents; and
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
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2012/023
(b) has a working knowledge of, and practical experience in, those
subject areas pertaining to their normal investigative duties.

(3) The inspectors appointed under this regulation must, as soon as
possible, undergo such dedicated training as may be prescribed by the
MAICO, in order to be qualified as accident investigators.

(4) The MAICO must maintain a list of inspectors who are qualified to
conduct safety investigation under these Regulations.

Impartiality.

8. The MAICO and any inspector in the discharge of any duty, and in
particular when making any decision in relation to carrying out any safety
investigation under these Regulations, must be impartial, unbiased and
independent.

Duty to report accidents and serious injuries.

9.(1) When an accident takes place the following persons associated with
the ship shall notify the MAICO as soon as is practicable following the
accident and by the quickest means available

(a) the master or, if he has not survived, the senior surviving
officer; and

(b) the ship’s owner, unless he has ascertained to his satisfaction
that the master or senior surviving officer has reported the
accident in accordance with paragraph (a).
(2) In addition to any notification made under subregulation (1), the
following persons shall report to the MAICO as soon as is practicable and by
the quickest means available any accident of which they are aware

(a) in the case of an accident within or adjacent to the limits of any
port, the port authority for that port; or

(b) in respect of an accident within the port or BGTW an official of
the port of Gibraltar.

(3) A person making a notification pursuant to subregulation (1) or (2)
shall, in so far as is practicable, include the following information in a report
to be sent as soon as possible thereafter−

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
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2012/023 (a) name of ship and IMO, official or fishing vessel number;

(b) name and address of owner;

(c) name of the master, skipper or person in charge;

(d) date and time of the accident;

(e) where from and where bound;

(f) latitude and longitude or geographical position in which the
accident occurred;

(g) part of ship where accident occurred if on board;

(h) weather conditions;

(i) name and port of registry of any other ship involved;

(j) number of people killed or injured, together with their names,
addresses and gender;

(k) brief details of the accident, including, where known, the
sequence of events leading to the accident, extent of damage
and whether the accident caused pollution or a hazard to
navigation;

(l) if the ship is fitted with a voyage data recorder, the make and
model of the recorder.

(4) In addition to making a report under subregulation (3), the persons
specified in subregulation (1) shall, so far as is reasonably practicable, ensure
that the circumstances of every accident are examined and that a report
giving the findings of such examination, stating any measures taken or
proposed to prevent a recurrence, shall be provided to the MAICO as soon
as is practicable.

(5) The master and ship’s owner shall, so far as is reasonably practicable,
ensure that the circumstances of every serious injury are examined and one
of them shall, within 14 days, provide the MAICO with a report giving the
findings of such examination and stating any measures taken or proposed to
prevent a recurrence.

(6) Deleted

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

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2012/023 (7) In the case of an accident, any person reporting to the MAICO under
this regulation shall, without delay, also inform the Maritime Administrator
of the occurrence of that accident.

Obligation to investigate.

10.(1) Save where subregulations (7) to (9) apply, the ordering of an
investigation of an accident shall be at the discretion of the MAICO.

(2) In considering whether to order an investigation into an accident the
MAICO may have regard to any advice given to him by the Maritime
Administration.

(3) Where a notification has been received under subregulation (1) of
regulation 9, or a report under subregulation (2), (4) or (5) of regulation 9,
the MAICO shall–

(a) decide whether or not an investigation, including any
preliminary assessment, should be carried out; and

(b) notify the Maritime Administration and the parties to the
accident of his decision within 28 days following of the report
by him.

(4) Before deciding as to whether an investigation should be carried out,
and if so, what form it should take, the MAICO may request for such
information as he considers necessary concerning the accident and any
remedial action taken as a result.

(4A) Any person referred to in subregulation (1) or (2) of regulation 9, and
any other person who is in possession of the information requested by the
MAICO under sub-regulation (4), shall provide such information to the
MAICO to the best of his ability and knowledge.

(5) In the case of an accident where there is loss of life or serious injury to
any person on board, or any person is lost or falls overboard from the ship or
one of its boats, the MAICO may decide not to order an investigation if he is
satisfied, or it is otherwise established to his satisfaction, that

(a) any loss of life resulted from suicide or natural causes; or

(b) any serious injury resulted from attempted suicide,

and in such circumstances he may order the discontinuation of any
investigation which has already been commenced.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
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(6) Public notice that an investigation has been commenced may be given
in such manner as the MAICO may think fit, and may invite any persons who
so desire to present relevant evidence to the inspector in such a manner and
within such a time as is specified in the notice.

(7) Whenever a very serious casualty occurs, the MAICO must ensure that
a safety investigation is carried out if it-

(a) involves a ship flying the flag of Gibraltar, irrespective of the
location of the casualty;

(b) occurs within BGTW, irrespective of the flag of the ship or
ships involved in the casualty; or

(c) involves a substantial interest of Gibraltar, irrespective of the
location of the casualty and of the flag of the ship or ships
involved.

(8) The MAICO shall, in the case of a serious casualty, carry out a
preliminary assessment in order to decide whether or not a safety
investigation should be undertaken and where the MAICO decides not to
undertake a safety investigation, the MAICO shall record the reasons for that
decision and issue a relevant notification in accordance with regulation 26.

(9) In the case of any other marine casualty or incident the MAICO shall
decide whether or not a safety investigation should be undertaken.

(10) In considering whether to investigate any matter to which
subregulations (8) and (9) refers, the MAICO must take into account−

(a) the seriousness of the marine casualty or incident;

(b) the type of vessel or cargo or both involved; and

(c) the potential for the findings of the safety investigation to lead
to the prevention of future casualties and incidents.

(11) The scope and practical arrangements for the conduct of the safety
investigation must be determined by the MAICO in cooperation with the
equivalent bodies of other substantially interested States, if any, in such
manner as appears to him most conducive to achieving the objective of the
these Regulations, and with a view to preventing future casualties and
incidents.

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
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2012/023 (12) When carrying out a safety investigation, the MAICO must follow the
common methodology for investigating marine casualties and incidents
developed pursuant to Article 2(e) of Regulation (EC) No 1406/2002.

(13) An inspector may depart from the methodology referred to in
subregulation (12) in a specific case where this can be justified as necessary,
in his professional judgment and with the consent of the MAICO, and if
needed to achieve the aims of the investigation.

(14) The MAICO shall ensure that a safety investigation under this
Regulation is commenced as promptly as is practicable after the marine
casualty or incident occurs and in any event no later than two months after
its occurrence.

Leading of, and participation in, safety investigations.

11.(1) Subject to subregulation (3), only one safety investigation in respect
of each marine casualty or incident shall be carried out, and where relevant,
the safety investigation may involve the participation of any other
substantially interested Member State.

(2) Where the safety investigation involves Gibraltar and at least one
Member State, the MAICO must–

(a) cooperate with his counterparts in those Member States with a
view to rapidly agreeing which of them is to lead the safety
investigation;

(b) make every effort to agree on the procedures to investigate;

(c) if he leads the safety investigation, ensure that any substantially
interested State-

(i) is afforded equal rights and access to witnesses and to the
evidence, and

(ii) has any point of view raised in the safety investigation
taken into consideration.

(3) The MAICO must ensure that the conduct of parallel safety
investigations into the same marine casualty or incident are strictly limited to
exceptional cases and in such cases, he must immediately inform the Minister
who will then ensure that the European Commission is notified of the
reasons for doing so.

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2012/023 (4) When parallel safety investigations are conducted in Gibraltar and in a
Member State, the MAICO must−

(a) cooperate with the investigating body of that State; and

(b) exchange any pertinent information gathered in the course of his
respective investigations, in particular in order to reach, as far
as possible, shared conclusions.

(5) The MAICO, an inspector and the Maritime Administration must
abstain from any measure which could unduly preclude, suspend or delay the
conduct of a safety investigation falling within the scope of these
Regulations.

Subsequent or reopened investigations.

12.(1) Notwithstanding a decision by the MAICO under regulation 10(3)
not to investigate, he may at any subsequent time after obtaining the advice
from the Maritime Administration cause an investigation to be carried out if
he is then satisfied there is good reason in the interests of future safety to do
so.

(2) The MAICO may cause any investigation to be re-opened if, following
its completion, he receives advice from the Maritime Administration which
indicates in his opinion new and important evidence has been discovered
which could have a material effect on any safety recommendations made.

(3) Any investigation may be re-opened either in whole or as to any part of
it and a re-opened investigation shall be subject to and conducted in
accordance with the provisions of these Regulations.

Preservation of evidence.

13.(1) Except where subregulation (2) applies, following an accident
involving a Gibraltar ship which is reportable under regulation 9, the persons
referred to in subregulation (3) shall so far as is practicable ensure that all

(a) charts;

(b) log books;

(c) electronic and magnetic recording and video tapes, including
information from a VDR or recording system relating to the
period preceding, during and after the accident; and

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considered pertinent to the accident,

are kept and that no alteration is made to any recordings or entries in them.

(2) In the case of an accident involving a Gibraltar ship and for the
purposes of compliance with Article 13 of the Directive, the persons referred
to in subregulation (3) shall make every effort to−

(a) save all information from charts, log books, electronic and
magnetic recording and video tapes, including information from
VDRs and other electronic devices relating to the period
preceding, during and after an accident;

(b) prevent the overwriting or other alteration of such information;

(c) prevent interference with any other equipment which might
reasonably be considered pertinent to the safety investigation of
the accident; and

(d) collect and preserve all evidence expeditiously for the purposes
of the safety investigations.

(3) The persons referred to in subregulations (1) and (2) are−

(a) the master or, if he has not survived, the senior surviving
officer; and

(b) the ship’s owner, unless he has ascertained to his satisfaction
that the master or senior surviving officer has taken the action
in question.

(4) The duty under subregulation (1) to ensure that documents,
information or records are kept and not altered and to ensure under
subregulation (2) that information is saved and preserved, or that equipment
is left undisturbed, shall continue until

(a) notification is received on behalf of the MAICO that no safety
investigation is to take place or that the safety investigation has
been completed;

(b) 28 days have passed since the MAICO received the report
referred to in regulation 9(1) and no notice has been sent on
behalf of the MAICO that he has decided to investigate the
matter; or
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(c) the inspector carrying out the investigation gives written
notification that he no longer requires them.

(5) Following an accident in BGTW involving a ship which is not a
Gibraltar ship, the persons referred to in subregulation (3) shall comply with
the requirements of subregulations (1) and (2) if requested to do so by or on
behalf of the MAICO or an inspector.

(6) The MAICO or an inspector may, pending investigation, prohibit
persons from gaining access to, or interfering with, any ship, ship’s boat or
other equipment involved in an accident.

(7) Following an accident in BGTW, the MAICO if he considers it
reasonably necessary for the collection or preservation of evidence in
connection with any investigation, including a preliminary assessment,
relating to the accident and a safety assessment, require any of the master or,
if he has not survived, the senior surviving officer and the ship’s owner to
ensure that a ship is accessible within BGTW to any inspector engaged in the
investigation of such accident, until the process of collecting or preserving
the evidence has been completed to the MAICO’s satisfaction.

(8) The MAICO shall not require a ship to remain in BGTW any longer
than is necessary for the collection or preservation, as the case may be, of the
evidence referred to in subregulation (7) and shall take all reasonable steps to
ensure that such evidence is collected or preserved expeditiously.

(9) No requirement under subregulation (7) shall be made unless the
MAICO has reasonable grounds for concern that if the ship leaves BGTW,
access to it, to any member of the crew, or to any evidence on board relating
to the investigation may subsequently be denied to him or any other
inspector conducting such investigation.

Conduct of investigations.

14.(1) If the MAICO decides that an investigation shall be carried out, it
shall be undertaken by one or more inspectors at such times and places and
in such manner as appear to him or them to be most conducive to achieving
the objectives set out in regulation 4.

(2) An investigation may extend to cover all events and circumstances
preceding the accident together with subsequent events and circumstances
which in the opinion of an inspector may have been relevant to its cause or
outcome.

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2012/023 (3) Every person required to attend before an inspector shall be allowed
the reasonable expenses of attending, payable by the Government.

(4) Any person, not being a solicitor or other professional legal adviser
acting solely on behalf of the person required to attend, who–

(a) has been allowed by an inspector to be present; or

(b) has been nominated to be present at an oral examination before
an inspector, may at any time be excluded from being present–

(i) by the inspector if he has substantial reason to believe
that his presence would hamper the investigation with the
result that the objective in regulation 4 is likely to be
hindered and future safety thereby endangered; or

(ii) by the MAICO if he is satisfied, having regard to all the
circumstances, that it is proper to exclude that person.
(5) Where a person nominated to be present has been excluded in
accordance with subregulation (4), the person required to attend shall be
entitled to nominate another person to be present at the oral examination in
place of the excluded person and subregulation (4) shall then apply to that
other person.

(6) Any document, record or information referred to in regulation 10,
properly required by an inspector to be produced for the purposes of an
investigation (whether on board the ship involved or otherwise), may be
retained by him until the investigation is completed.

(8) In relation to any investigation–

(a) where a preliminary assessment has been conducted the
inspector, having regard to the objectives set out in regulation
4, shall advise the MAICO whether it is appropriate in all the
circumstances to conduct further investigations leading to
publication of a report; and

(b) the inspector may provide advice to the MAICO for him to
discontinue the investigation at any time; and

(c) where an investigation is discontinued, the MAICO shall make
his reasons for doing so publicly available.

Co-operation with Member States.
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15.(1) Notwithstanding regulation 11 the MAICO shall remain responsible
for the safety investigation and coordination with substantially interested
Member States until such time as it is mutually agreed who will lead the
safety investigation.

(2) Without prejudice to its obligations under these Regulations and any
applicable international law, the MAICO may, on a case-by-case basis,
delegate by mutual agreement with his equivalent counterpart in a Member
State the task of leading a safety investigation or specific tasks for the
conduct of such an investigation.

(3) Where a ro-ro ferry or high-speed passenger craft is involved in a
marine casualty or incident the MAICO shall launch the safety investigation
procedure where-

(a) the marine casualty or incident occurs in BGTW; or

(b) that vessel sailed through BGTW immediately prior to the
marine accident or incident occurred and it occurred in waters
where Member States have no jurisdiction.

(4) Where subregulation (3) applies, the MAICO shall remain responsible
for the safety investigation and co-ordination with substantially interested
Member States until it is mutually agreed who will lead the safety
investigation.

Permanent cooperation framework.

16.(1) The Government, pursuant to Article 10(1) of the Directive, shall
cooperate with the European Commission to establish a permanent
cooperation framework which will enable the MAICO to cooperate with
other investigating bodies to the extent necessary to attain the objectives of
these Regulations and the Directive.

(2) To the extent that an agreement is reached upon the best modalities of
cooperation in respect of any of the matters set out in subregulation (3), the
MAICO shall take steps to give effect to or to implement any such
agreement.

(3) The modalities referred to in subregulation (2) are−

(a) enabling investigative bodies to share installations, facilities and
equipment for the technical investigation of wreckage and ship's
equipment and other objects relevant to the safety investigation,
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2012/023 including the extraction and evaluation of information from
VDRs and other electronic devices;

(b) providing each other with the technical cooperation or expertise
needed to undertake specific tasks;

(c) acquiring and sharing information relevant for analysing
casualty data and making appropriate safety recommendations
at European Union level;

(d) drawing up common principles for the follow-up of safety
recommendations and for the adaptation of investigative
methods to the development of technical and scientific progress;

(e) managing appropriately the early alerts referred to in regulation
24;

(f) establishing confidentiality rules for the sharing, in the respect
of Gibraltar laws, of witness evidence and the processing of
data and other records referred to in regulation 17, including in
relations with third countries;

(g) organising, where appropriate, relevant training activities for
individual investigators;

(h) promoting cooperation with the investigative bodies of third
countries and with the international maritime accidents
investigation organisations in the fields covered by these
Regulations;

(i) providing investigative bodies conducting safety investigations
with any pertinent information.

Cooperation with substantially interested third countries.

17.(1) The MAICO must cooperate, to the maximum extent possible, with
other substantially interested third countries in safety investigations.

(2) Substantially interested third countries shall be allowed at any stage of
the investigation to participate in a safety investigation led by the MAICO,
by mutual agreement.

(3) The cooperation of the MAICO in a safety investigation conducted by
a substantially interested third country shall be without prejudice to the
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2012/023 conduct and reporting requirements of a safety investigation under these
Regulations.

(4) Where a substantially interested third country is leading a safety
investigation involving Gibraltar, the MAICO may decide not to carry out a
parallel safety investigation, if the safety investigation led by the third
country is conducted in accordance with the IMO Code for the Investigation
of Marine Casualties and Incidents.

Disclosure of records.
18.(1) Subject to subregulations (2) to (7), the names, addresses or any
other details which may reveal the identity of anyone who has given evidence
to the MAICO or an inspector shall not be disclosed.

(2) The following documents or records shall not be made available for
purposes other than the investigation, unless a court orders otherwise–

(a) subject to subregulation (3), all declarations or statements taken
from persons by an inspector or supplied to him in the course of
his investigation, together with any notes or voice recordings of
interviews;

(b) information relating to persons involved in a marine casualty or
incident which is of a particularly sensitive and private nature
including information concerning their health;

(c) any report made under regulation 9(4) or (5);

(d) the final report except as referred to in regulation 19(4)(a), (5),
or (9).

(3) A person who has given a declaration or statement to an inspector in
the course of an investigation may make available a copy of his declaration
or statement to another person as he sees fit.

(4) Any independent technical analysis commissioned by the Maritime
Administration will be provided to the MAICO and opinions expressed in
such analysis may be made publicly available if the MAICO considers it
appropriate to do so.

(5) Subject to subregulation (6), no order shall be made under
subregulation (2) unless the court is satisfied, having regard to the views of
the MAICO, that the interests of justice in disclosure outweigh any
prejudice, or likely prejudice, to-
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(a) the investigation into the accident to which the document or
record relates;

(b) any future safety investigation undertaken in Gibraltar; or

(c) relations between Gibraltar and any State, territory or
international organisation.

(6) The provisions of this regulation shall be without prejudice to any rule
of law which authorises or requires the withholding of any document or
record or part thereof on the ground that disclosure of it would be injurious
to the public interest.

(7) Copies of information obtained from a VDR or from other recording
systems, pertinent to the accident, including voice recordings (other than any
recordings referred to in subregulation (2)(a)), video recordings and other
electronic or magnetic recordings and any transcripts made from such
information or recordings may be provided at the discretion of the MAICO
to the police or other official authorities.

(8) Nothing in this regulation shall be construed as a derogation of the
applicable provisions of the Data Protection Act 2004.

Reports of investigations.

19.(1) Subject to subregulation (3), the MAICO shall cause a report of an
investigation into an accident conducted pursuant to regulation 14(8)(a), to
be prepared.

(2) The report shall set out–

(a) conclusions relating to the facts of the accident;

(b) where the facts cannot be clearly established, analysis and
professional judgement to determine the probable facts; and

(c) recommendations for future safety.

(3) The MAICO may make the report publicly available in such manner as
he thinks fit but in the case of an accident to which regulation 20 applies the
MAICO must publish the report in accordance with the provisions of that
regulation.

(4) The MAICO shall not make the report publicly available until he has–
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(a) served a notice under this regulation upon any person who, or
organisation which, could be adversely affected by the report
or, if that person is deceased, upon such person or persons as
appear to the MAICO, at the time he proposes to serve notice
pursuant to this sub-regulation, as best to represent the interests
and reputation of the deceased in the matter; and

(b) considered the representations relating to the facts or analysis
contained in the report which may be made to him in
accordance with subregulation (6) by or on behalf of the
persons served with such notice.

(5) The notice referred to in subregulation (4)(a) shall be accompanied by a
draft copy of the report.

(6) The representations referred to in subregulation (4)(b) shall be in
writing and shall be served on the MAICO within 28 days of service of the
notice referred to in subregulation (4)(a) or within such further period as
may be allowed under regulation 23.

(7) Subject to any court order under regulation 18, no person shall disclose
any information−

(a) which has been furnished to him pursuant to subregulation (5);
or

(b) which has otherwise been furnished to him by or on behalf of
the MAICO in advance of the publication of a report and whose
confidentiality is protected by regulation 18, or permit such
information to be disclosed, save with the prior consent in
writing of the MAICO, to any other person, except to such
advisers as are necessary in order to make representations to
the MAICO referred to in sub-regulation (4)(b), and those
advisers shall similarly be subject to the duty not to disclose the
information or permit it to be disclosed.

(8) A copy of the report when made publicly available shall be given by the
MAICO to−

(a) any person who has been served with a notice pursuant to
subregulation (4)(a);

(b) those persons or bodies to whom recommendations have been
addressed in that report;
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(c) the IMO;

(d) where regulation 10(7) to (9) applies, to the European
Commission; and

(e) any person or organisation whom the MAICO considers may
find the report useful or of interest.

(9) Where an inquest or fatal accident inquiry is to be held following an
accident which has been subject to investigation, a draft report may be made
available in confidence to the coroner by the MAICO.

(10) If any part of the report or analysis therein is based on information
obtained pursuant to an inspector’s powers under section 91(3) of the Act,
the report shall be inadmissible in any judicial proceedings whose purpose or
one of whose purposes is to attribute or apportion liability or blame unless a
court or tribunal, having regard to the factors referred to in regulation
18(5)(b) or (c), determines otherwise.

(11) In this regulation, “judicial proceedings” includes any civil or criminal
proceedings before any court, tribunal or person having by law the power to
hear, receive and examine evidence on oath.

Publication of accident reports.

20.(1) Safety investigations carried out under these Regulations for the
purposes of the Directive, shall result in a published report presented in a
format defined in accordance with the relevant sections of Schedule 1 by the
MAICO.

(2) Where a safety investigation for the purposes of the Directive does not
concern a very serious or, as the case may be, a serious marine casualty, the
findings of which do not have the potential to lead to the prevention of future
casualties and incidents, the MAICO shall publish a simplified report in place
of the report referred to in subregulation (1).

(3) The MAICO must make every effort to ensure that the reports referred
to in subregulations (1) and (2), including its conclusions and any possible
recommendations, is made available to the public, and especially to the
maritime sector, within 12 months of the date of the casualty and if it is not
possible to produce the final report within that time, an interim report shall
be published within 12 months of that date.

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2012/023 (4) The MAICO must ensure that a copy of the final, simplified or interim
report is sent to the European Commission and he shall take into account the
possible technical observations of the European Commission on final reports
not affecting the substance of the findings for improving the quality of the
report in the way most conducive to achieving the objective of these
Regulations.

Publications other than reports of investigations.

21.(1) The MAICO may, at his discretion and to promulgate any lessons
learned, from time to time publish collective short reports of accidents which
have not been the subject of a report submitted under regulation 18(1).

(2) The MAICO may, at his discretion, submit a report to the Minister on
any matter arising from his analysis of marine accident investigations.

Recommendations.

22.(1) The MAICO may, as a result of one or more investigations, whether
or not completed, at any time make recommendations as to how future
accidents may be prevented.

(2) The actions recommended shall be addressed to those persons or
bodies who, in the opinion of the MAICO, are most fitted to implement
them.

(3) Recommendations shall be made publicly available if the MAICO
considers that to do so is in the interests of safety or preventing pollution.

(4) Any person to whom a recommendation is addressed pursuant to
subregulation (2) shall, without delay–
(a) take that recommendation into consideration;

(b) send to the MAICO–

(i) details of the measures, if any, he has taken or proposes
to take to implement the recommendation and, in a case
where he proposes to implement measures, the timetable
for securing that implementation, or

(ii) an explanation as to why the recommendation is not to be
the subject of measures to be taken to implement it,

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2012/023 and any details or timetable pursuant to subparagraph (i) or
explanation pursuant to subparagraph (ii) shall be provided to
the MAICO within 28 days following receipt of the
recommendation; and

(c) give notice to the MAICO if at any time any information
provided to the MAICO in pursuance of subregulation (4)(b)(i)
concerning the measures he proposes to take or the timetable
for securing their implementation is rendered inaccurate by any
change of circumstances.

(5) Subject to subregulations (6) and (7) the MAICO shall, annually or at
such other intervals as he sees fit, make information publicly available in
respect of the matters, including any explanation, referred to in paragraphs
(b) and (c) of subregulation (4) which have been communicated to him and
he shall inform the Minister of those matters.

(6) The MAICO shall not publish information under subregulation (5)
unless he has first notified any person referred to in the information and he
has considered any representations relating to the information which may
have been made to him in accordance with subregulation (7) by or on behalf
of any person so notified, and amended the information in such manner as he
thinks fit.

(7) Any representations made pursuant to subregulation (6) shall be in
writing and shall be served on the MAICO within 28 days of receipt of the
notification referred to in that subregulation or within such further period as
may be allowed under regulation 23.
(8) The MAICO must ensure that safety recommendations are duly taken
into account by the addressees and, where appropriate, the MAICO shall
follow these up.

(9) Where appropriate, the MAICO must make safety recommendations on
the basis of an abstract data analysis and of the overall results of safety
investigations carried out.

(10) A safety recommendation shall in no circumstances determine liability
or apportion blame for a casualty.
Extension of time.

23.(1) The MAICO shall have the power to extend the period of 28 days
prescribed in regulation 19(6) for only another 28 days, but the MAICO shall
do so only if he considers that there are good reasons warranting such an
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2012/023 extension having regard to the requirement in regulation 19(1) for a report of
an investigation to be made available in the shortest time possible.

(2) The MAICO may extend the period of 28 days prescribed in regulation
22(4)(b) where he considers it appropriate to do so.

(3) The powers under this regulation may be exercised notwithstanding
that the prescribed period has expired.

Service of documents.

24. Any notice or other document required or authorised by any provision
of these Regulations to be served on or given to any person may be served or
given–

(a) by delivering it to that person;

(b) by leaving it at his usual or last-known residence or place of
business, whether in Gibraltar or elsewhere;

(c) by sending it to him by post at that address; or

(d) by sending it to him at the address by telex, facsimile, or other
means which produces a document containing a text of the
communication, or by electronic mail in which event the
document shall be regarded as having been served when it is
sent.

Early alert system.

25. Without prejudice to its right to give an early alert, the MAICO must, at
any stage of a safety investigation, if, he takes the view that urgent action is
needed at Community level to prevent the risk of new casualties, inform the
European Commission without delay of the need to give an early alert.

European database for marine casualties: format of notification.

26. The MAICO must ensure that the European Commission is−

(a) notified on marine casualties and incidents in accordance with
the format in Schedule 2; and

(b) provided with data resulting from safety investigations in
accordance with the European Marine Casualty Information
Platform database scheme.
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Costs.

27.(1) Where any safety investigation involves Gibraltar and a Member
State, the respective activities shall be free of charge.

(2) Where assistance is requested of Gibraltar by a Member State that is not
involved in the safety investigation, the Government and the Member State
concerned must agree on the reimbursement of costs incurred.

Fair treatment of seafarers.

28. In the event of an accident in BGTW, the Government and any person
exercising any duty or responsibility under these Regulations must, in the
light of any applicable laws, take into account the relevant provisions of the
IMO guidelines on the fair treatment of seafarers.

Offences and penalties.

29.(1) A person shall be guilty of an offence if–

(a) being a person referred to in regulation 9(1) or (2) he fails
without reasonable cause to report an accident as required by
those provisions;

(b) being a master or ship’s owner, he fails without reasonable
cause to comply with regulation 9(5);

(c) being a person referred to in regulation 9(1) or (2), he fails
without reasonable cause to provide information as required by
regulation 10(4); or

(d) he falsely claims to have any additional information or new
evidence pertaining to any accident or serious injury,

and such a person shall be liable on summary conviction to a fine not
exceeding level 5 on the standard scale.

(2) If any person fails without reasonable cause to comply with any
requirement, duty or prohibition in regulation 13(1), (2) or (5) to (7), he
shall be guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale and on conviction on indictment to a
fine.

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2012/023 (3) If any person without reasonable cause discloses or permits to be
disclosed any information in contravention of regulation 18(1) or 19(7), or
makes available any documents or records in contravention of regulation
18(2), he shall be guilty of an offence and liable on summary conviction to a
fine not exceeding level 5 on the standard scale.

Repeal.

30. The Gibraltar Merchant Shipping (Accident Reporting and Investigation)
Regulations 2006 are repealed.

Savings and transitional provisions.

31.(1) In this regulation a reference to the “repealed Regulations” shall be
construed as a reference to the regulations repealed by regulation 30.

(2) Any proceedings which have been instituted under the repealed
Regulations (including any appeal) which have not been concluded at the
time of the coming into operation of these Regulations shall be continued as
though the repealed Regulations had not been repealed.

(3) Where proceedings for an offence committed under the repealed
Regulations have not been commenced at the commencement of these
Regulations–

(a) if there is an equivalent offence under these Regulations
proceedings must be brought under these Regulations;

(b) if there is no equivalent offence proceedings cannot be brought.

(4) Any order, instruction direction, exemption, notice, permit, complaint
or other non-legislative instrument made or issued by any person or body
under the repealed Regulations which could be made or issued by an
equivalent person or body under these Regulations continues to have effect
as if made or issued by that person or body under these Regulations until it
expires, it is varied or revoked under these Regulations.

Application of sections 56 and 91 of Act.

32. Sections 56 and 91 of the Act shall not apply to a safety investigation
undertaken in accordance with the provisions of these Regulations.

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SCHEDULE 1
Regulation 19(1)

SAFETY INVESTIGATION REPORT CONTENT

Foreword

This identifies the sole objective of the safety investigation and indicates that
a safety recommendation shall in no case create a presumption of liability or
blame and that the report has not been written, in terms of content and style,
with the intention of it being used in legal proceedings.

(The report should make no reference to witness evidence nor link anyone
who is referred to in the report to a person who has given evidence during
the course of the safety investigation.)

1. SUMMARY

This part outlines the basic facts of the marine casualty or incident: what
happened, when, where and how it happened; it also states whether any
deaths, injuries, damage to the ship, cargo, third parties or environment
occurred as a result.

2. FACTUAL INFORMATION

This part includes a number of discrete sections, providing sufficient
information that the investigating body interprets to be factual, substantiate
the analysis and ease understanding.

These sections include, in particular, the following information:

2.1. Ship particulars

Flag/register,

Identification,

Main characteristics,

Ownership and management,
Construction details,

Minimum safe manning,

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2012/023 Authorised cargo.

2.2. Voyage particulars

Ports of call,

Type of voyage,

Cargo information,

Manning.

2.3. Marine casualty or incident information

Type of marine casualty or incident,

Date and time,

Position and location of the marine casualty or incident,

External and internal environment,

Ship operation and voyage segment,

Place on board,

Human factors data,

Consequences (for people, ship, cargo, environment, other).

2.4. Shore authority involvement and emergency response

Who was involved,

Means used,

Speed of response,

Actions taken,

Results achieved.

3. NARRATIVE

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2012/023 This part reconstructs the marine casualty or incident through a sequence of
events, in a chronological order leading up to, during and following the
marine casualty or incident and the involvement of each actor (i.e. person,
material, environment, equipment or external agent). The period covered by
the narrative depends on the timing of those particular accidental events that
directly contributed to the marine casualty or incident. This part also includes
any relevant details of the safety investigation conducted, including the
results of examinations or tests.

4. ANALYSIS

This part includes a number of discrete sections, providing an analysis of
each accidental event, with comments relating to the results of any relevant
examinations or tests conducted during the course of the safety investigation
and to any safety action that might already have been taken to prevent
marine casualties.

These sections should cover issues such as:

- accidental event context and environment,

- human erroneous actions and omissions, events involving
hazardous material, environmental effects, equipment failures,
and external influences,

- contributing factors involving person-related functions,
shipboard operations, shore management or regulatory
influence.

The analysis and comment enable the report to reach logical conclusions,
establishing all of the contributing factors, including those with risks for
which existing defences aimed at preventing an accidental event, and/or
those aimed at eliminating or reducing its consequences, are assessed to be
either inadequate or missing.

5. CONCLUSIONS

This part consolidates the established contributing factors and missing or
inadequate defences (material, functional, symbolic or procedural) for which
safety actions should be developed to prevent marine casualties.

6. SAFETY RECOMMENDATIONS

When appropriate, this part of the report contains safety recommendations
derived from the analysis and conclusions and related to particular subject
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2012/023 areas, such as legislation, design, procedures, inspection, management, health
and safety at work, training, repair work, maintenance, shore assistance and
emergency response.

The safety recommendations are addressed to those that are best placed to
implement them, such as ship owners, managers, recognised organisations,
maritime authorities, vessel traffic services, emergency bodies, international
maritime organisations and European institutions, with the aim of preventing
marine casualties.

This part also includes any interim safety recommendations that may have
been made or any safety actions taken during the course of the safety
investigation.

7. APPENDICES

When appropriate, the following non-exhaustive list of information is
attached to the report in paper and/or electronic form:

- photographs, moving images, audio recordings, charts, drawings,

- applicable standards,

- technical terms and abbreviations used,

- special safety studies,

- miscellaneous information.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2012/023
SCHEDULE 2
Regulation 25(2)

MARINE CASUALTY OR INCIDENT NOTIFICATION DATA

(Part of the European Marine Casualty Information Platform)

Note: Underlined numbers mean that data should be provided for each ship if
more than one ship is involved in the marine casualty or incident.

01. Member State responsible/contact person

02. Member State investigator

03. Member State role

04. Coastal state affected

05. Number of substantially interested States

06. Substantially interested States

07. Notification entity

08. Time of the notification

09. Date of the notification

10. Name of the ship

11. IMO number/distinctive letters

12. Ship flag

13. Type of marine casualty or incident

14. Type of ship

15. Date of the marine casualty or incident

16. Time of the marine casualty or incident

17. Position – Latitude

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ACCIDENT REPORTING
AND INVESTIGATION) REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2012/023 18. Position – Longitude

19. Location of the marine casualty or incident

20. Port of departure

21. Port of destination

22. Traffic separation scheme

23. Voyage segment

24. Ship operation

25. Place on board

26. Lives lost:

- Crew

- Passengers

- Other

27. Serious injuries:

- Crew

- Passengers

- Other

28. 27. 28. Pollution

29. Ship damage

30. Cargo damage

31. Other damage

32. Brief description of the marine casualty or incident

33. Brief description of the reasons not to undertake a safety investigation.