Posted the: 2012-06-18 Numac: 2012014228 FEDERAL PUBLIC SERVICE mobility and transport June 2, 2012. -Law on the federal investigative agency on accidents of navigation (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we sanction as follows: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act partially transposes 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 Directive 1999/35 / EC of the Council and Directive 2002/59/EC of the European Parliament and of the Council.
S. 3. for the purposes of this Act, is meant by: 1 ° "competent investigating authority": an investigative body of a European economic area Member State which is designated as investigative agency in implementation of article 8 of 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 Directive 1999/35 / EC of the Council and Directive 2002 /. 59 / EC of the European Parliament and the Council;
2 ° "MIK": the crossroads of maritime information referred to in article 3, 7 °, of the cooperation agreement of 8 July 2005 between the federal State and the Flemish Region on the creation of a structure of Coast Guard and cooperation within it;
3 ° "IMO": the international maritime organization;
4 ° 'code of the IMO for the conduct of investigations on accidents and incidents of sea': the code to conduct investigations into accidents and incidents of Sea IMO (IMO-code for the Investigation of Marine Casualties and Incidents) annexed to resolution A.849 (20) General Assembly of IMO on 27 November 1997, as it has been updated;
5 ° "code of IMO of international standards and recommended practices applicable to a safety on a maritime accident investigation or sea incident ': code of international standards and recommended practices applicable to a safety on a maritime accident investigation or incident of Sea IMO (Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty gold Marine Incident) annexed to resolution MSC.255 (84) may 16, 2008, of the of the maritime safety Committee, as it has been updated;
6 ° "Belgian marine waters": the territorial sea, the coast and the lower maritime Scheldt ports whose limits are laid down by the King, the port of Ghent whose limits are laid down by the King, the Belgian part in Ghent-Terneuzen Canal, the ports on the Belgian part of the canal of Terneuzen in Ghent which limits are set by the King and channels Zeebrugge-Bruges and Ostend-Bruges.
7 ° 'maritime areas': the Belgian marine waters, the exclusive economic zone such as defined and delineated in the Act of 22 April 1999 on the exclusive economic zone of the Belgium North Sea and the continental shelf such as defined and delimited in the Act of 13 June 1969 on exploration and exploitation of non-living resources of the territorial sea and the continental shelf;
8 ° 'internal waters': Belgian public waters which are intended for or used for navigation and are not part of the Belgian marine waters;
9 ° "navigation vessel": a vessel or an inland navigation vessel.
10 ° "ship": any vessel navigation in sea transport of people or things, fishing, towing, dredging or other lucrative navigation operation or which is intended;
11 ° "inland waterway vessel": any building navigation that due to its construction is exclusively or principally used or suitable to be used for navigation in inland waters;
12 ° "ro-ro ferry": a vessel intended to carry passengers, equipped with devices for road or rail vehicles to embark on board and disembark in rolling and carrying more than 12 passengers;
13 ° "high-speed passenger craft": a building of navigation designed to carry more than 12 passengers, capable of a maximum speed in meters per second (m/s), equal to or greater than 3.7 0.1667, ' "as the volume of displacement corresponding to the expected waterline (m3), excluding units with the hull, in mode of operation without water draught, is completely supported above the surface of the water by aerodynamic forces generated by the effect of the soil;
14 ° "boating accident": an event or a series of events that led to one of the following, occurring direc directly in connection with the activities of a ship: a) the death or injury serious of a person caused by the operation of a ship or in connection therewith, or b) fall overboard from a person who has been caused because of the movements of the ship or in connection with these movements (((((, or c) loss, the alleged loss or abandonment of a ship, or d) property damage suffered by a ship, or e) the grounding or damage to a ship or its implementation involved in a collision, or f) damage caused by the operation of a ship or in connection with it, or g) damage to the environment resulting from damages suffered by one or more ships and caused by the operation of one or more ships;
15 ° 'serious navigation accident': a boating accident which is not considered a serious boating accident and, as a result of a fire, explosion, a collision, grounding, contact, of a heavy weather damage, a damage caused by ice, cracking or defects alleged shell or another event, resulted in (((: a) of structural damage affecting the seaworthiness of the vessel, or b) pollution, whatever the magnitude, or c) a fault requiring a tow or the assistance of services ashore;
16 ° 'very serious navigation accident': resulting in a boating accident: a) the total loss of the vessel, or b) loss of human life, or c) serious pollution;
17 ° 'incident': an event caused by the operation of the ship or in connection therewith, and which endangers the ship or a person, or as a result of which serious damage could be caused to the vessel or to its structure, or to the environment;
18 ° "safety investigation": a survey of a boating accident or incident, carried out with the aim of preventing accidents and future incidents involving a ship, including the collection and analysis of data, the identification of the causal factors and necessary security recommendations;
19 ° "Primarily responsible for State of security survey": the State assuming responsibility for the conduct of the investigation in accordance with the mutual agreement between States that have important interests at stake;
20 ° "serious injury": injuries sustained by a person during a boating accident and causing incapacity for work for more than 72 hours, this incapacity beginning in the seven days following the date on which injuries have been caused;
21 ° "State with substantial interests at stake": a State: a) which is the flag of the ship State which are the subject of the investigation, or b) in the internal waters or territorial sea which occurred a boating accident, or c) in which a boating accident has caused or threatened to cause serious prejudice to the environment of the State or the maritime areas over which it is entitled to exercise its jurisdiction under international law ((, or d) in which the consequences of a boating accident have caused or threatened to cause serious injury to the State itself, either to artificial islands, installations and structures on which it is entitled to exercise its jurisdiction, or e) in which a boating accident killed or inflicted serious injury to nationals of that State ((, or f) that has important information that may be relevant to the investigation, or g) visited last by a ferry ferry or high-speed passenger craft which is involved in a boating accident or incident outside the territorial waters of States members of the European economic area;
(h) which, for any other reason, argues that he has interests that are deemed important by the responsible State of the safety investigation;
22 ° 'IMO guidelines on the fair treatment of seafarers in the event of sea': the guidelines annexed to Resolution LEG.3 (91) of the legal Committee of IMO, April 27, 2006 as approved by the governing body of the International Labour Organization at its 296th session of 12-16 June 2006, entitled "IMO guidelines on the fair treatment of seafarers in the event of a maritime accident";
23 ° "VDR": a voyage data recorder complies with performance of resolution A.861 (20) General Assembly of IMO on November 27, 1997 and Resolution MSC.163 (78) of the of the maritime safety Committee of the IMO as well as the testing standards set by standard no 61996 IEC;
24 ° 'safety recommendation': any proposal, including registration and control: has) by the investigative body competent who performs or who takes the direction of the safety investigation on the basis of information derived from that investigation; or, where applicable, b)
by the European Commission on the basis of a brief analysis of the information and the results of safety investigations;
25 ° "EMCIP database": the electronic European database established by the European Commission and entitled "European platform of information on accidents at sea" (European Marine Casualty Information Platform - EMCIP);
26 ° "Minister": the Minister who has the maritime mobility in his or her attributions;
27 ° "investigators": members of the staff of the federal agency of investigation into shipping accidents referred to in article 7, responsible for conducting the safety investigation;
28 ° "Belgian vessel": a vessel entitled to fly the Belgian flag.
29 ° "operator": the natural or legal person who operates, as owner or on behalf of the owner or demise charterer, one or more Belgian ships.
S. 4. this Act applies to shipping accidents and incidents that: 1 ° involve Belgian ships, or 2 ° occur in marine areas, 3 ° occur in inland waters and involve ships, or 4 ° involve other important interests of the Kingdom of Belgium.
This Act does not apply to shipping accidents and incidents involving only: 1 ° of ships of war or intended for the transport of troops and other ships owned by a State or operated by him and used exclusively for non-commercial governmental purposes;
(2) ships not propelled by mechanical means, of the wooden ships of primitive build, yachts and pleasure boats used for non-commercial purposes, unless they are or will be equipped with a crew and whether they carry or carry more than 12 passengers for commercial purposes;
3 ° of the inland waterway vessels operating in inland waters;
4 ° fishing vessels less than 15 metres in length;
(5) fixed offshore drilling units.
5. this Act is intended to improve maritime safety and the prevention of pollution from ships, thereby reducing the risk of accidents of navigation and incidents in the future: 1 ° facilitating the expeditious organization of safety investigations and proper analysis of shipping accidents and incidents, in order to determine the causes.
2 ° ensuring that it be made account accurately and in a timely manner the conclusions surveys security and proposals for corrective measures;
3 ° ensuring that it be checked whether or not it is given suite of safety recommendations and reviewing corrective actions taken to provide possibly other safety recommendations.
S. 6. safety investigations under this Act do not have to determine the responsibilities or to assign fault.
S. 7. an investigative body is created, referred to as the "federal agency of investigation into shipping accidents" (in short OFEAN).
The OFEAN is autonomous and operationally independent in terms of its organisation, legal structure and its mode of decision, of any part or any organization whose interests might be incompatible with the tasks assigned to him.
8 § 1. The King determines, by Decree deliberated in the Council of Ministers, the Organization, composition and operation of the OFEAN as well as the skills of the staff of the OFEAN.
The Minister shall ensure the proper functioning of the OFEAN.
§ 2. The OFEAN consists of at least one member of staff who is responsible for directing the OFEAN as Director and perform security investigations, and depends on the hierarchical authority of the Minister.
§ 3. The OFEAN staff members and external experts are subject to professional secrecy with regard to the information obtained during the performance of their duties.
S. 9 § 1. The OFEAN is competent to conduct investigations of security on shipping accidents and incidents referred to in article 4. The safety investigation is carried out in accordance with the IMO code for the investigation of accidents and incidents of sea and the code of the IMO's international standards and recommended practices applicable to a safety investigation, an accident or an incident of sea unless this Act provides otherwise.
§ 2. Without prejudice to the provisions of § 1, the OFEAN is competent to examine the way in which the natural persons, legal persons or the authorities, whose acts or negligence contributed, according to the OFEAN to the occurrence of the accident of navigation or the incident followed safety recommendations. The OFEAN may consider corrective action taken to provide possibly other safety recommendations.
The OFEAN reflects at least once a year writing the review referred to in paragraph 1 to the House of representatives according to the rules laid down by the King.
§ 3. The OFEAN can expand that entrusted to the collection and analysis of data relating to the safety of navigation, in particular for prevention purposes, provided that these activities do not affect its independence or its liability on regulatory, administrative or standards matters.
The OFEAN can combine the tasks entrusted to it under this Act with the investigative work on events other than shipping accidents and incidents, on condition that such investigations do not compromise its independence.
S. 10 § 1. The OFEAN performs a safety investigation after a serious boating accident: 1 ° involving a Belgian ship, regardless of the location of the boating accident.
2 ° occurring in maritime areas or inland waters, regardless of the flag of the vessel involved in the accident of navigation;
3 ° affecting important interests of the Belgium, regardless of the flag of the vessel involved or the place of the boating accident.
§ 2. In the case of a serious boating accident, the OFEAN performs a screening assessment to decide whether or not a safety investigation.
When the OFEAN decides on the basis of the screening assessment does not perform security screening after a serious accident, it sends its decision with reasons to the Minister and the European Commission.
§ 3. In the case of any accident of navigation or other than that incident referred to the § 1 or § 2, the OFEAN decides the need or not a safety investigation.
§ 4. In the decisions referred to in § 2, paragraph 2 and paragraph 3, the OFEAN takes into account the severity of the boating accident or incident, the type of vessel and/or cargo, and the possibility that the findings of the safety investigation are likely to lead to the prevention of accidents of navigation and future incidents.
11 § 1. In principle, each accident of navigation or incident is the object of a single investigation.
In the case of investigations of security involved at least two bodies of inquiry, including the OFEAN, it cooperates with the investigation agencies of States with substantial interests at stake in order to quickly decide which of them will be the competent investigative body that leads the safety investigation. The OFEAN makes every effort to agree on the investigative process. Under the agreement, the relevant investigation agencies of other States with substantial interests at stake have the same rights and the same access to witnesses and evidence as the OFEAN. The OFEAN takes into account the point of view of the relevant investigation agencies of States with substantial interests at stake.
The OFEAN strictly parallel on the same navigation accident or incident safety investigations in exceptional cases.
In such cases, the OFEAN shall notify the European Commission the reasons of such parallel investigations.
The OFEAN cooperates with the relevant investigation agencies conducting parallel safety investigations.
In particular, the OFEAN exchange all relevant information collected during his investigation with investigative agencies of competent security concerned, inter alia, to develop, as far as possible, common conclusions.
The OFEAN shall abstain from any measure which could unduly prevent, suspend or delay the conduct of a safety investigation.
§ 2. Without prejudice of § 1, the OFEAN remains responsible for the security and investigation coordination with other competent investigative bodies of States with substantial interests at stake until the safety investigation primarily responsible for appropriate investigative agency has been appointed by mutual agreement.
§ 3. Without prejudice to the obligations entrusted to it under this Act and international law, the OFEAN may, in individual cases, delegate to an another competent investigating authority, by mutual agreement, the task of leading a safety investigation or specific tasks covered by this survey.
§ 4. When a ro-ro ferry or a high-speed passenger craft is involved in a boating accident or incident, the safety investigation procedure is launched by the OFEAN if the boating accident or incident occurred in the maritime zones or, if it occurred at sea and the Belgium is the last country visited by the ro-ro ferry or high-speed passenger craft. The OFEAN is responsible for the investigation of security and coordination with the relevant investigation agencies of States having significant
interests at stake so that the safety investigation primarily responsible for appropriate investigative agency has been appointed by mutual agreement.
§ 5. In cases of safety investigations involving at least two investigative bodies competent among them the OFEAN, the cost of the activities of it not is not charged.
In cases where the OFEAN does not participate in the safety investigation and appealed to his assistance, the OFEAN should be of the reimbursement of costs with relevant investigative bodies related to the safety investigation.
S. 12. If, in accordance with article 11, the OFEAN is the competent responsible for investigation of the safety investigation agency, it determines the scope and practical arrangements for the conduct of safety investigations in collaboration with competent investigative agencies of States with substantial interests at stake, in the way that seems it the most appropriate to achieve the objectives referred to in article 5 and to prevent future incidents or accidents of navigations.
S. 13. the cooperation of the OFEAN a safety investigation conducted by a third-party country with important interests at stake is without prejudice to the obligations arising from this Act that relate to the conduct of safety investigations and investigative reports.
When a third country with substantial interests at stake led a safety investigation in which participates the OFEAN, may decide not to conduct investigation of security in parallel, provided that security led by the third country survey is conducted in accordance with the IMO code for the conduct of investigations on accidents and incidents of sea.
S. 14. when conducting safety investigations, the OFEAN follows the common methodology for investigating accidents and incidents at sea, defined in accordance with article 2, point e), of Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European maritime safety agency. The OFEAN investigators may deviate from this methodology in a specific case when the need can to be justified, in their professional judgement, and if necessary to achieve the objectives of the survey.
15 § 1. To cover creation costs, staff and operation of the OFEAN, an annual contribution of 800,000 euros is due to the OFEAN.
The annual contribution referred to in the first subparagraph is due by operators and, with respect to vessels under foreign flag, by the ports of Antwerp, Brussels, Ghent, Liège, Ostend and Zeebrugge, in which they wet.
§ 2. Operator annual contribution amounts to 0,0126 euro per gross tonnage of vessels it is the operator on 1 January of the year where the annual contribution is due.
The annual contribution of the operator, referred to in the first subparagraph, is rounded to the upper unit if the decimal part is equal or greater than fifty cents.
The contribution is rounded down if this part is less than fifty cents.
The annual contribution of the operator is minimum 25 euros and maximum 1,500 euros by Belgian ship of which it is the operator.
§ 3. The joint contribution of the ports of Antwerp, Brussels, Ghent, Liège, Ostend and Zeebrugge, is equal to the annual contribution referred to the § 1, paragraph 1, reduced joint annual contribution of Belgian ship operators referred to in § 2.
The detached annual contribution of the ports of Antwerp, Brussels, Ghent, Liège, Ostend and Zeebrugge is defined on the basis of the following formula: the amount of the annual contribution referred to in § 3, paragraph 1, multiplied by the number obtained by dividing the total of the gross gauges of foreign flag vessels which moisten respectively in the ports of Antwerp, Brussels respectively Ghent, Liège, Ostend or Zeebrugge, by the sum of the totals of raw gauges.
The total of gross gauges of ships under foreign flags in the second calendar year prior to the year where the annual contribution is due, is taken into account.
The annual contribution of the ports of Antwerp, Brussels, Ghent, Liège, Ostend and Zeebrugge, calculated separately according to the formula of the second paragraph is rounded up to the superior unit if the decimal part is equal or amounts to more than fifty cents.
It is rounded down if this part is less than fifty cents.
4. The target annual contribution to the § 1, paragraph 1, is adapted annually to the 1 January to the price index for consumption on the basis of the following formula: the amount of the annual contribution referred to the § 1, paragraph 1, multiplied by the new index and divided by the initial index.
The new index is the index of the consumer price applicable in November of the year prior to the year where the amount of the annual contribution is adapted in accordance with paragraph 1.
The starting index is the price index for the consumption of the month of May 2011.
§ 5. The amount per gross tonnage, referred to in § 2, paragraph 1, is adapted annually to 1 January to the price index for consumption based on the following formula: the amount per gross tonnage, referred to in § 2, paragraph 1, multiplied by the new index and divided by the initial index.
The new index represents the price index for consumption of the month of November prior to the year where the amount is adapted in accordance with paragraph 1.
The starting index is the price index for the consumption of the month of May 2011.
§ 6. The annual contribution of the operator, referred to in § 2 and the annual contribution of the ports of Antwerp, Brussels, Ghent, Liège, Ostend and Zeebrugge separately referred to in § 3, paragraph 2, shall be paid no later than June 1st of the year where the annual contributions are due.
S. 16 § 1. Pursuant to article 62 of the law of 22 May 2003 amending Organization budget and accounts of the federal State, a budgetary Fund for the operation of the federal agency of investigation into shipping accidents is created.
§ 2. In the table annexed to the Act of 27 December 1990 creating budgetary funds, amended by the law of 24 December 1993, rubric 33 - mobility and Transport is supplemented as follows: ' 12: description of the organic budget Fund: Fund for the operation of the federal agency of investigation on the accident of navigation Nature of assigned revenue: annual contribution responsibility of the Belgian vessel operators and. , with respect to vessels under foreign flags, from the ports of Antwerp, Brussels, Ghent, Liège, Ostend and Zeebrugge, as a contribution to the costs of creation, staff and operation of any kind from the federal agency of investigation into shipping accidents, as referred to in article 7 of the law of June 2, 2012, relative to the federal agency of investigation into shipping accidents.
Nature of expenditures: creation costs, staff and operation of any kind concerning the federal agency of investigation into shipping accidents, as referred to in article 7 of the Act of June 2, 2012 at the federal agency of investigation into shipping accidents. »
§ 3. The balance available in the Fund for the operation of the federal agency of investigation into shipping accidents at December 31 of each fiscal year, will be decommissioned 1 July of the following year.
Decommissioning in commitments and liquidations will be calculated on the basis of the amount of the balance available for commitments.
S. 17. no later than 30 September of each year, the OFEAN shall provide an annual report to the Minister, in the House of representatives and the parliaments of the Regions in which he gives an account of its operation and safety investigations undertaken the previous year, the recommendations of safety that have been made and corrective action taken as a result of previous safety recommendations.
The OFEAN puts this annual report available to the public electronically.
S. 18 § 1. The MIK, any authority, any officer or servant who, in the exercise of its functions, has knowledge of an accident of navigation or an incident, shall immediately inform the OFEAN and provide all relevant information and, where appropriate, a copy of the minutes and all other relevant documents.
In the case of an accident of navigation or an incident involving a Belgian ship, the master, owner, charterer, Manager or operator of the ship shall immediately notify the OFEAN and shall provide all relevant information and, where appropriate, a copy of the minutes and all other relevant documents.
§ 2. In the case of a boating accident or an incident involving a Belgian ship and other vessels, the OFEAN shall immediately notify to the flag State of the vessel involved in the accident of navigation.
§ 3. If the OFEAN performs a safety on a boating accident or incident investigation, it shall notify immediately the relevant investigation agencies of States with substantial interests at stake.
S. 19. If, in accordance with article 11, the OFEAN is the competent responsible for investigation of the safety investigation agency, the OFEAN may authorize at the request of an investigation of a State agency with important interests at stake than one or several representatives of the competent investigating authority participate. The OFEAN can petition identical to relevant investigative bodies responsible for security, if the Belgium is a State with substantial interests at stake.
The representatives referred to in paragraph 1 may be assisted by experts.
The representatives and experts referred to in paragraphs 1 and 2 have access to the data and information collected during the investigation of security, provided that they undertake to be discrete and that they are not required in the States or countries they represent to give greater publicity to data than that provided by this Act. They provide all the relevant information they have in their possession to the OFEAN.
S. 20. the OFEAN can participate in a survey of security effectueeen outside Belgium by a competent investigating authority.
21. the OFEAN fixed, where appropriate in consultation with the judge of instruction, the terms and conditions for: 1 ° the placing at disposal and conservation, or not, by the OFEAN of properties affected by the boating accident or incident for the duration of the investigation of security or as long as the Director of the OFEAN referred to in article 8, § 2, deems it necessary;
2 ° the conservation of properties affected by the boating accident or incident which was swept away by the OFEAN for the safety investigation;
3 ° the restitution of properties affected by the boating accident or incident which was swept away by the OFEAN for the safety investigation;
4 ° the destruction of properties affected by the boating accident or incident which was swept away by the OFEAN for the safety investigation for reasons of safety or public health;
5 ° recovery of properties affected by the boating accident or incident for further investigation by the OFEAN.
It is prohibited to contaminate, damage, destroy, remove, move without the permission of the OFEAN or to exclude in any manner whatsoever in the investigation of security by the OFEAN, properties affected by the boating accident or incident.
S. 22. the OFEAN begins as soon as possible the investigation of safety and, in any case, within two months after the occurrence of the accident of navigation or the incident.
S. 23. the King determines the form and content of the legitimation card of the OFEAN investigators.
S. 24. the investigators of the OFEAN or an other competent investigative body, whereby the OFEAN delegate the conduct of the investigation in accordance with article 11, § 3, exercise, where appropriate in collaboration with the authorities responsible for criminal investigations, the following competencies to receive all relevant information necessary for the conduct of the safety investigation and are empowered to: 1 ° free access instead of the accident of navigation or the incident as well as to institutions local, parts, the ship, its contents and to the wreck or structure, including the habitable part of a ship, the cargo, equipment and debris. Entry into a dwelling, on board or not of a ship, takes place only with the consent of the occupant or with the prior permission of the investigating judge;
2 ° enter, if necessary, at any time of the day or night premises referred to in 1 ° with the assistance of the police to the conditions referred to in 1 °;
3 ° to be accompanied by persons designated for this purpose;
4 ° conduct an immediate survey indices, debris, or components for examination or analysis purposes;
5 ° require information;
6 ° ensure immediately the establishment from the list of evidence and investigation and removal controlled wrecks, debris or other components or substances for examination or analysis purposes;
7 ° request the examination or analysis of the items referred to in the 6th and have free access to the results of such examinations or analysis;
8 ° free access to, copy and use all the information and data of relevance, including information collected by VDR, pertaining to a ship, on a journey to a cargo to a crew or to any other person, object, situation or circumstance;
9 ° free access to the results of examination of the bodies of the victims or the results of the analyses from swabs on these bodies.
10 ° request and obtain free access to the results of examination of persons involved in the operation of a ship or of any other person concerned, or those analyses from samples on these persons;
11 ° audition witnesses in the absence of any person who could be considered as having interest to hamper the safety investigation;
12 ° obtain visits records and relevant information held by the federal State, the flag State, shipowners, classification or any other involved companies, when these parties or their representatives are established in Belgium;
13 ° request assistance from the competent authorities of the federal State, including inspectors of navigation of the State flag and the State of the port, and the MIK.
S. 25 § 1. Each is required to provide to an investigator, in the reasonable that it had set, any collaboration that the latter may reasonably require for the exercise of its powers.
If the person who communicates information in fact demand, these will not be made public.
§ 2. Investigators and external experts shall take the necessary measures to guarantee the anonymity of witnesses to a boating accident if they so request.
S. 26 § 1. Without prejudice to the provisions of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the OFEAN ensures that following information are not disclosed for purposes other than the safety investigation, unless the OFEAN decides that an overriding public interest justifies the disclosure: 1 ° all witness statements and other statements accounts and notes recorded or received by the OFEAN during the safety investigation;
2 ° records revealing the identity of persons who testified in the context of the safety investigation;
3 ° the information for those involved in the boating accident or incident which are particularly sensitive and private, including information about their health.
§ 2. Draft reports referred to in article 28 and the information collected by the OFEAN for safety investigations are not public.
S. 27. it is forbidden, after a boating accident or an incident, to destroy or remove information y related.
28 § 1. Safety investigations carried out under this Act give rise to the publication of a report, available to the public via a website, this according to a pattern defined by the OFEAN and in accordance with the content defined by the King.
The OFEAN may decide that an investigation of security that is not a very serious boating accident or serious, as appropriate, and whose conclusions are not likely to lead to the prevention of accidents of navigation and incidents future gives rise to the publication of a report simplified, accessible to the public via a website.
§ 2. The OFEAN makes every effort to present to the public, and particularly in the area of navigation, the report referred to the § 1, including its findings and any possible safety recommendations, within 12 months of the day of the accident of navigation or the incident. If it is impossible to present the report referred to the § 1 in this period, an intermediate report accessible to the public via a website, is established in the twelve months following the date of the accident of navigation.
§ 3. The OFEAN sends a copy of the report, the simplified report or interim report, referred to in §§ 1 and 2, the European Commission, the Minister and stakeholders. The OFEAN takes into account the remarks technical which the European Commission might make on the reports, referred to the § 1, not affecting the substance of the conclusions, in order to improve the quality of these reports in the manner best able to achieve the objective of 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 Directive 1999/35 / EC of the Council and Directive 2002/59/EC of the European Parliament and of the Council.
S. 29. the reports of the OFEAN referred to in article 28 § 1 and § 2, and the recommendations of security cannot be used as evidence in proceedings criminal, disciplinary or civil law.
An investigator and an external expert cannot be summoned as a witness or expert in the context of a judicial procedure relating to a boating accident or incident if the investigator of the OFEAN and the external expert are related or have been associated with the safety investigation.
S. 30 § 1.
The safety recommendations made by the OFEAN are duly taken into consideration by their addressees who, if necessary, ensure appropriate follow-up in accordance with the Belgian law in force, the European Union law and international law.
If applicable, the OFEAN makes safety recommendations based on a brief information analysis and the overall results of all security investigations.
§ 2. In any case, a safety recommendation determines responsibility or attributed the fault of an accident of navigation or an incident.
31. without prejudice to its right to launch an early warning, the OFEAN, if it considers that urgent measures must be taken at the level of the European Union to prevent other accidents of navigation, informed
without delay the Commission, at any stage of the safety investigation, of the need for an early warning.
S. 32. the OFEAN shall notify the European Commission of shipping accidents and incidents in accordance with the model defined by the King. The OFEAN release in addition to the European Commission the data collected in the context of safety investigations in accordance with the EMCIP database schema.
S. 33. pursuant to the legislation in force, account shall be taken, in case of accident of navigation or incident, relevant provisions of the IMO guidelines on the fair treatment of seafarers in the event of a maritime accident.
S. 34 § 1. Shall be punished by a prison term of six months to one year and a fine of 26 euros to 3,000 euros or one of those penalties only, anyone who violates or impeded the implementation of the provisions of this Act and its implementing orders.
§ 2. Any breach of professional secrecy referred to in article 8, paragraph 3, shall be punished with the penalties provided in article 458 of the penal Code.
Without prejudice to article 458 of the penal Code, is punishable by imprisonment from six months to three years and a fine of 500 euros to 30,000 euros or one of those penalties only, the person who revealed the identity of a person who requested anonymity in accordance with article 25, § 2.
§ 3. The provisions of book I of the penal Code, without exception of Chapter VII and article 85, shall apply to offences under this Act.
S. 35. this Act has effect June 17, 2011.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 2, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of economy, consumers and the North Sea, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM. the Minister for Budget and administrative Simplification, O. CHASTEL sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives.
Documents. -Bill, no. 53 - 1931/1.
-Amendments, no. 53-1931/2. -Report on behalf of the Committee, no. 53-1931/3. -Text adopted by the commission, no. 53-1931/4. -Amendments tabled in plenary, no. 53-1931/5. -Text adopted in plenary meeting and transmitted to the Senate, no. 53-1931/6.
Compte rendu intégral. -10 may 2012.
-Project not referred by the Senate, no. 5-1619/1.