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Decree No. 2010-1577 Of 16 December 2010 On The Publication Of The Resolution Msc.255 On The Adoption Of The Recommended Code Of International Standards And Practices For A Safety Investigation Of A Marine Casualty Or Incide ...

Original Language Title: Décret n° 2010-1577 du 16 décembre 2010 portant publication de la résolution MSC.255 relative à l'adoption du code de normes internationales et pratiques recommandées applicables à une enquête de sécurité sur un accident de mer ou un incide...

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Summary

Implementation of Articles 52 to 55 of the Constitution. Keywords


FOREIGN AFFAIRS AND EUROPEAN AGREEMENT
INTERNATIONAL, MULTILATERAL AGREEMENT
, INTERNATIONAL MARITIME ORGANIZATION
,
IMO MARITIME SAFETY
STANDARDS CODE INTERNATIONAL AND RECOMMENDED PRACTICES
, ACCIDENT
SEA, SEA INCIDENT
CODE FOR tHE INVESTIGATION oF ACCIDENTS
, MSC RESOLUTION
, ADOPTION
JORF No. 0293 of 18 December

2010 page 22289 text n ° 6

Decree No. 2010-1577 of 16 December 2010 on the publication of resolution MSC.255 (84) on the adoption of the Code of International Standards and Recommended Practices applicable to a safety investigation of a maritime accident or marine incident (code for the accident investigation) (set schedule), adopted on 16 May 2008 (1) NOR
:
MAEJ1030273D ELI: https://www.legifrance.gouv.fr/eli / Decree / 2010/12/16 / MAEJ1030273D / jo / text
AKA: https://www.legifrance.gouv.fr/eli/decret/2010/12/16/2010-1577/jo/texte || |

The President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister of Foreign and European Affairs
Considering the Constitution, particularly Articles 52 to 55;
Considering Decree No. 53-192 of March 14, 1953 as amended relating to the ratification and publication of international commitments made by France;
Considering Decree No. 58-905 of September 27, 1958 publication of the Convention on the establishment of the Consultative Organization of Maritime Navigation, signed at Geneva March 6, 1948;
Considering Decree No. 2001-73 of 24 January 2001 on the publication of the 1988 Protocol to the 1966 International Convention on Load Lines, done at London on 11 November 1988 signed by France on 23 January 1990 || | Decrees:


Article 1

The resolution MSC.255 (84) on the adoption of the Code of International Standards and Recommended Practices applicable to a security investigation of a marine casualty or marine incident (code for investigations accident) (set schedule), adopted on 16 May 2008, will be published in the Official Journal of the French Republic.

Article 2

The Prime Minister and the Minister of State, Minister of Foreign and European Affairs, are responsible, each in regards to the execution of this decree, which will be published in the Official Journal of the French Republic.
Appendix



R E SOLUTIONMSC. 2 5 5 (8 4)
ON THE ADOPTION OF THE CODE OF INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES APPLICABLE TO AN INVESTIGATION OF SAFETY ON SEA ACCIDENT OR INCIDENT SEA (CODE FOR ACCIDENT) || | THE MARITIME SAFETY COMMITTEE,
RECALLING Article 28 b) of the Convention establishing the International Maritime Organization, relating to the functions of the Committee
NOTING with concern that despite all the efforts made by the Organization of accidents and incidents resulting in loss of life, loss of ships and pollution of the marine environment continue to occur,
NOTING that the establishment in a timely accurate reports identifying the circumstances and causes of accidents and incidents can help strengthen people's security and passenger sea and protection of the marine environment
FURTHER NOTING the importance of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982 and customary international law of the sea,
FURTHER NOTING the responsibility of flag States under the provisions of the 1974 International Convention for the Safety of Life at Sea (Regulation I / 21) (hereinafter called "the Convention"), the 1966 international Convention on load lines (Article 23) and the 1973 international Convention for the prevention of pollution from ships (Article 12), to investigate accidents and to communicate the findings to the Organization
NOTING the need to ensure that all very serious marine accidents are investigated,
NOTING the Guidelines on fair treatment of seafarers in the event of a maritime accident (resolution A.987 [24])
WHEREAS the investigation of accidents and marine incidents and the proper analysis of these events would better identify the cause-effect relationship of accidents and to take corrective measures, including improved training for the purpose of enhance safety of life at sea and protection of the marine environment,

RECOGNIZING the need to establish a code, to the extent that domestic law permits, a standardized approach to the investigation of marine casualties and incidents in order to prevent accidents and incidents in the future ,
RECOGNIZING the international nature of maritime transport and the need for cooperation between governments with significant interests at stake in view of a marine casualty or incident in order to determine the circumstances and causes,
NOTING resolution MSC.257 (84), by which it adopted amendments to chapter XI-1 of the Convention which are designed to make parts I and II of the recommended international standards and practices code to a security check on a marine casualty or mandatory marine incident under the Convention
HAVING CONSIDERED, at its eighty-fourth session, the text of the draft Code for the accident investigation,
1. ADOPTS the Recommended Code of international standards and practices for a safety investigation of a marine casualty or marine incident (Code for the accident investigation), the text annexed to this resolution;
2. INVITES Contracting Governments to the Convention to note that this code will take effect on 1 January 2010, when the amendments to the XI-1/6 of the Convention enter into force;
3. REQUESTS the Secretary General of the Organization to transmit certified copies of this resolution and the text of the joint Code in the annex to all Contracting Governments to the Convention;
4. REQUESTS the Secretary General of the Organization to transmit copies of this resolution and the text of the joint code appended to all Members of the Organization which are not Contracting Governments to the Convention;

ANNEX CODE OF INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES APPLICABLE TO A SAFETY INVESTIGATION SEA SEA ACCIDENT OR INCIDENT (CODE FOR ACCIDENT)

Table of Contents Avant About
Part I. - GENERAL PROVISIONS.
Chapter 1 - Purpose.
Chapter 2 - Definitions.
Chapter 3 - Application of chapters in Parts II and III.
Part II. - MANDATORY STANDARDS.
Chapter 4 - Marine Safety Investigation Authority.
Chapter 5. - Notification.
Chapter 6. - Requirement to investigate very serious marine casualties.
Chapter 7. - Agreement between the flag state and another state with significant interests, to conduct a marine safety investigation.
Chapter 8 - Powers of investigation.
Chapter 9 - Parallel investigations.
Chapter 10 - Cooperation.
Chapter 11. - Independent investigation of any outside influence.
Chapter 12. - evidence of Research with seafarers
Chapter 13. -. Draft marine safety investigation report.
Chapter 14 - Marine Safety Investigation Report.
Part III. - RECOMMENDED PRACTICES.
Chapter 15 - Administrative responsibilities.
Chapter 16 - Investigation Principles.
Chapter 17. - Survey of marine casualties (other than very serious marine casualties) and marine incidents
Chapter 18.. - Factors to be taken into account to reach an agreement under chapter 7 of part II.
Chapter 19 - Illicit Acts of interference.
Chapter 20 - Notification to the parties involved and commencement of an investigation.
Chapter 21. - Coordination investigated.
Chapter 22. - Search for evidence.
Chapter 23. - Confidentiality of information.
Chapter 24 - Protection of witnesses and the parties involved.
Chapter 25. - Draft report and final report.
Chapter 26. - Reopening of an investigation.

Foreword 1. This Code contains, complementing the best investigative practices on marine casualties and incidents that have been established by the Code for the investigation of marine casualties and incidents that the international maritime Organization (the Organization) adopted in November 1997 by resolution A.849 (20). The Code for the Investigation of accidents and incidents at sea aimed at promoting cooperation between States and a common approach to accident investigation and marine incidents.
antecedents

2. Through a number of resolutions, the Organization has encouraged cooperation and the realization of common interests. Resolution A.173 (ES.IV) entitled "Participation in official investigations of marine casualties" was first adopted in November 1968. Others followed: the resolution A.322 (IX) "Investigations in out in the event of a maritime accident "was adopted in November 1975; Resolution A.440 (XI) "Exchange of information for investigation of marine casualties" and resolution A.442 (XI) "Personnel and material resources required from administrations to carry out the investigation of accidents and breaches of the agreements "were adopted in November 1979; Finally the resolution A.637 (16) "Cooperation in the investigation of marine casualties" was adopted in 1989.
3. These resolutions were amalgamated and expanded by the Organization with the adoption of the Code for the investigation of marine casualties and incidents. Resolution A.884 (21) entitled "Amendments to the Code for the the investigation of marine casualties and incidents (resolution A.849 [20]) ", adopted in November 1999, consolidated the Code by providing guidelines for the investigation of human factors.
4. In 1948, the International Convention for the Safety of Life at Sea (SOLAS Convention) provided that an Administration opens an investigation into an accident involving a ship flying its flag, whether such an investigation could help identify problems regulation that would have played a role in the accident. This provision was retained in the 1960 SOLAS Convention and 1974. She was also included in the 1966 International Convention on Load Lines. Additionally, flag States are required to conduct an investigation on certain marine casualties and incidents in the high seas (*).
(*) See Article 94-7 of the United Nations Convention on the Law of the Sea or the requirements of international law and customary law.



5. The sovereignty of a coastal State extends beyond its territory and internal waters, in the territorial sea (*). The court grants the coastal State an inherent right to investigate accidents and incidents occurring on its territory. Most administrations have established regulations governing the investigation of an incident that occurred navigation in internal waters and territorial sea, regardless of the flag.
Treatment of seafarers
6. Most recently, the Maritime Labour Convention of the International Labour Organization, 2006 (which is not yet in force), includes a provision regarding the investigation of some serious marine accidents and also stipulates conditions work for seafarers. Recognizing the need to ensure that seafarers special protection during an investigation, the Organization adopted by resolution A.987 (24), in December 2005, "Guidelines on fair treatment of seafarers in the event of a maritime accident ", which were promulgated by the IMO and ILO on 1 July 2006. Adoption of the Code

7. Since the adoption of the first SOLAS Convention, profound changes have taken place in the structure of the international maritime industry and in international law. These changes have helped increase the number of states that are interested in the process and outcomes of marine safety investigations in case of accident or marine incident, which has increased the possibilities of judicial and other differences procedure between the affected States.
8. While for mandatory requirements, this Code takes into account the differences between international law and domestic law with regard to the investigation of marine casualties and incidents. The Code is intended to facilitate objective marine safety investigations in interest of flag States, coastal States of the Organization and the shipping industry in general.
(*) See Article 2 of the United Nations Convention on the Law of the Sea or the requirements of international law and customary law.




GENERAL PART Chapter I

Subject

1.1. The purpose of this Code is to provide a common approach to be adopted by States to conduct marine safety investigations of marine casualties and incidents. These marine safety investigations are not trying to lay the blame or determine liability . A marine safety investigation, as defined in this Code, is rather an investigation in order to prevent accidents or marine incidents in the future. The Code provides for this purpose that states:
1. apply a methodology and a coherent approach that permit and encourage a wide-ranging investigation, when necessary, to identify determinants and other security risks factors; and
2. communicate to the Organization reports to ensure wide dissemination of information to assist the international maritime sector to study the safety issues.
1.2. A marine safety investigation should be separate and independent from any other form of investigation. However, the purpose of this Code is not to prevent any further investigation, including investigations to bring civil, criminal or administrative. The idea of ​​the Code is not a State or States responsible for a marine safety investigation shall not establish a comprehensive report on the determinants of a marine casualty or incident for fear conclusions induce a presumption of blame or liability.
1.3. This Code recognizes that under the ILO instruments, each flag State must carry out an investigation into any accident involving one of its ships if it considers that such an investigation can help determine the changes that it would be desirable to bring to the current regulations, or if this accident had major negative consequences for the environment. The Code also recognizes that flag States * ordered the opening of an investigation by or before a suitably qualified person, on certain casualties or incidents of navigation on the high seas. However, the Code also recognizes that where a marine casualty or incident occurs within the territory, including the territorial sea of ​​a State, it has the right ** to investigate the causes of any accident or incident sea ​​could pose a risk to human life or the environment, involve his authorities to search and rescue or affect another way that coastal State.
(*) See Article 94 of the United Nations Convention on the Law of the Sea or the requirements of international law and customary law.
(**) See Article 2 of the United Nations Convention on the Law of the Sea or the requirements of international law and customary law.


Chapter 2 Definitions


The terms and expressions used in below mandatory Standards and Recommended Practices for the conduct of maritime safety investigation shall be construed as follows:
2.1. Agent means any person or entity that engages on behalf of the owner, charterer or operator of a ship or cargo owner to provide certain maritime services, including management measures to take when a ship is subjected to a marine safety investigation.
2.2. determining factor means actions, omissions, events or conditions without which:
1. Marine casualty or incident would not have produced; or
2. casualty or marine incident would probably not have had adverse consequences or they would not have been as serious;
3. there would probably no other act, omission, event or condition related to the consequences referred to in paragraph 1 or 2.
2.3. Coastal State means a State within the territory, including the territorial sea, which occurs a marine casualty or incident.
2.4. Exclusive economic zone means the exclusive economic zone as defined in Article 55 of the UN Convention on the Law of the Sea.
2.5. Flag State means a State which a ship is entitled to fly.
2.6. High seas means the high seas as defined in Article 86 of the UN Convention on the Law of the Sea.
2.7. interested party means a body or a person who, according to the appreciation of (the) State (s) responsible (s) of the marine safety investigation, has broad interests, rights or legitimate expectations regarding the results of a marine safety investigation.

2.8. International Safety Management Code (ISM) Code means the International Code for the security management of ship operation and pollution prevention as the Organization adopted by resolution A.741 (18) as amended.
2.9. marine casualty means an event, or a series of events, directly related to operation of the vessel which results in:
1. death of a person or serious injury;
2. the disappearance of a person overboard;
3. The loss, presumed loss or abandonment of a ship;
4. damage suffered by a ship;
5. grounding or damage of a ship or his implication in a collision;
6. damage to the outer vessel maritime infrastructure could seriously compromise the safety of the vessel, another vessel or person; or
7. serious environmental damage, or the possibility of serious damage to the environment, resulting from damage to a ship or ships.
However, a marine casualty does not include a deliberate act or omission committed with intent to harm the security of a ship, to a person or the environment.
2.10. marine incident means an event, or a series of events, other than a maritime accident, directly related to the operation of a ship, which affects or, if one does not take corrective action, risk compromise the safety of the ship, its occupants or any other person or harm the environment.
However, the term marine incident does not include a deliberate act or omission committed with intent to harm the security of a ship, to a person or the environment.
2.11. marine safety investigation means an inquiry or investigation (as the name given by a State) on a marine casualty or incident which aims to prevent accidents and incidents in the future. This particular survey is to gather and analyze evidence, identify the determinants and make safety recommendations, if appropriate.
2.12. Marine Safety Investigation Report means a report that contains:
1. a summary outlining the basic facts of the marine casualty or incident and whether it resulted in loss of life, injury or pollution;
2. the identity of the flag State, owners, operators, the company, as indicated on the safety management certificate, and the classification society (subject to domestic law regarding compliance privacy);
3. where applicable, details of dimensions and machines of any ship involved and a description of the crew, the routine onboard and other aspects, such as on the ship service life;
4. a description of the circumstances of the marine casualty or incident;
5. analysis and comments on the determinants, including mechanical, human and organizational factors;
6. review the results of the marine safety investigation, including the identification of safety problems, and the conclusions of the marine safety investigation; and
7. where appropriate, recommendations for the prevention of accidents and incidents in the future.
2.13. Authority marine safety investigation means the authority of a State responsible for the conduct of investigations in accordance with this Code.
2.14. State (s) responsible (s) of the marine safety investigation means the flag State or, if applicable, the State or States that assume mutual agreement the responsibility to lead the investigation maritime safety in accordance with this Code.
2.15. marine safety record means the required information below, gathered for a marine safety investigation:
1. all statements taken for the purposes of a marine safety investigation;
2. all communications between persons pertaining to the operation of the ship;
3. All medical information or private information regarding persons involved in the marine casualty or incident;
4. all factsheets information or evidence collected during a marine safety investigation;
5. information from the recorder voyage data.
2.16. Damage in connection with a maritime accident means:
1. damages that:
1.1. have important implications for the structural integrity, performance or operational characteristics of marine infrastructure or a ship; and

1.2. require repair or replacement of one or more important; or
2. destruction of the marine infrastructure or ship.
2.17. seafarer means any person employed, engaged or working in any capacity on board a ship.
2.18. Serious injury means an injury to a person and resulting in inability to work more than 72 hours, this incapacity commencing within seven days from the date the injury occurred.
2.19. serious environmental damage means the damage to the environment, as assessed by the (the) State (s) affected (s) or by the flag State, as appropriate, have adverse consequences very important for the environment.
2.20. State with important interests at stake means a State:
1. which is the flag State of a ship involved in a marine casualty or incident; or
2. the coastal state which is involved in a marine casualty or incident; or
3. whose environment suffered serious damage or significant due to an accident at sea (including the environment of its waters and territories recognized under international law); or
4. where the consequences of an accident or a marine incident caused or threaten to cause serious injury to the State itself, or to artificial islands, installations and structures on which it is empowered to exercise jurisdiction; or
5. where a sea accident killed or caused serious injury to nationals of that State; or
6. holds important information that (the) State (s) responsible (s) of the marine safety investigation judge (s) useful to the investigation; or
7. that, for any other reason, maintains substantial interests judged by (the) State (s) responsible (s) of the marine safety investigation.
2.21. Territorial Sea refers to the territorial sea as defined in section 2 of Part II of the UN Convention on the Law of the Sea.
2.22. very serious marine accident means a maritime casualty resulting in the total loss of the ship, loss of life or serious damage to the environment.

Chapter 3 Application of chapters in Parts II and III
3.1. Part II of this Code contains mandatory standards for marine safety investigations. Some clauses apply only in relation to certain categories of marine casualties and are mandatory only for marine safety investigations into those marine casualties.
3.2. The provisions of Part III of this Code may refer to clauses of this part that apply only in certain casualties. The provisions of Part III may recommend that such clauses apply to marine safety investigations other types of marine casualties or incidents of sea.

PART II MANDATORY STANDARDS Chapter 4

Authority marine safety investigation
4.1. The Government of each State shall communicate to the Organization the coordinates of (the) authority (s) responsible (s) of maritime safety investigations in their state. Chapter 5


Notification 5.1. When a marine casualty occurs on the high seas or an exclusive economic zone, the flag State of the ship or ships involved must inform the other states with significant interests at stake in the shortest possible time.
5.2. When a marine casualty occurs within the territory, including the territorial sea of ​​a coastal State, flag State and the coastal State must notify each other and arrange to inform of other states with significant interests, in the shortest possible time.
5.3. This notification should not be delayed because of the absence of complete information.
5.4. Format and content: The notification must contain the maximum information below, provided they are available:
1. name of the vessel and the flag State;
2. IMO ship identification number;
3. nature of the marine casualty;
4. location of the marine casualty;
5. date and time of the marine casualty;
6. number of people seriously injured or killed;
7. effects of sea accidents to people, property and the environment; and
8. identification of any other ship involved. Chapter 6

obligation to investigate serious accidents
6.1. A marine safety investigation should be carried out on any very serious marine casualties.

6.2. Subject to any agreement in accordance with Chapter 7, it is incumbent on the flag State of a ship involved in a very serious accident to ensure that marine safety investigation is carried out and completed in accordance with provisions of this Code.

Chapter 7 Agreement between the flag state and another state with significant interests, to conduct a marine safety investigation
7.1. Without limiting the right of States to conduct their own separate marine safety investigation when a maritime accident occurs within the territory, including the territorial sea of ​​a State, the (the) State (s) flag (s) involved in the maritime accident, and the coastal State shall consult to decide by mutual agreement which or which of them will be responsible for marine safety investigation in accordance with the requirement, or act on a recommendation of an inquiry under this Code.
7.2. Without limiting the rights of States to conduct their own marine safety investigation when a maritime accident occurs on the high seas or in the exclusive economic zone of a state and it involves more than one flag State, the States shall consult to decide by mutual agreement which or which of them will be responsible for marine safety investigation in accordance with the requirement, or in response to a recommendation of an inquiry under this Code.
7.3. In the case of an accident at sea referred to in paragraph 7.1 or 7.2, the States concerned may decide by mutual agreement with another state with significant interests at stake which or which of them will be responsible for the investigation maritime safety.
7.4. Before reaching an agreement in accordance with paragraphs 7.1, 7.2 or 7.3, or failing agreement, obligations and existing rights of States under this Code and other rules of international law to carry out a marine safety investigation belong the respective parties while conducting their own investigation.
7.5. Participating fully in a marine safety investigation conducted by another State with important interests at stake, the flag State is considered as fulfilling its obligations under this Code, Regulation I / 21 SOLAS Convention and Article 94, section 7 of the UN Convention on the law of the sea. Chapter 8


investigative Powers 8.1. All states must ensure that their national legislation empowers the (the) investigator (s) carrying out a marine safety investigation to board a vessel, question the master, crew and any other person involved and collect evidence for a marine safety investigation. Chapter 9


parallel investigations 9.1. The (Les) State (s) responsible (s) of the marine safety investigation leads (have) this investigation under this Code, without prejudice to the right of another State with important interests at stake lead his side's own marine safety investigation.
9.2. While acknowledging that (s) doi (Fri) will be able to fulfill its (their) obligations under this Code, the (the) State (s) responsible (s) of the investigation maritime safety and any other State with important interests involved carrying out a marine safety investigation should strive to coordinate the planning of their investigations to prevent, to the extent possible, conflicting requests for hearing witnesses and access to evidence. Chapter 10


Cooperation 10.1. All States with significant interests involved cooperate to the extent possible with the (the) State (s) responsible (s) of the marine safety investigation. One (s) must -ci (Fri) does provide for the participation of States with significant interests at stake in the possible (*).

Chapter 11 Independent Investigation of outside influence
11.1. The (Les) State (s) responsible (s) of the doi marine safety investigation (Fri) will ensure that the investigator or investigators conducting this survey are impartial and objective. The report on the results of the marine safety investigation should be established without any influence or interference from persons or organizations that could be affected by these results.
(*) The expression "to the extent possible" could be interpreted to mean that such cooperation or participation are limited by domestic law that makes it impossible full cooperation or participation.




Chapter 12 Research evidence from seafarers

12.1. If, as part of a marine safety investigation, seafarers must testify, it must proceed to hear them in the shortest possible time. These seafarers should be able to join a ship or to be repatriated as soon as possible. The basic human rights of seafarers must always be respected.
12.2. All seafarers who are asked to testify should be informed of the nature and basis of the marine safety investigation. In addition, seafarers who are asked to testify should be informed and have access to legal advice, regarding:
1. the risk that they may incriminate themselves in any proceedings as a result of the marine safety investigation;
2. their right not to incriminate himself or to remain silent;
3. defenses available to them to prevent the evidence they may provide to investigators being used against them.

Chapter 13 Draft marine safety investigation report
13.1. Subject to paragraphs 13.2 and 13.3, the (the) State (s) responsible (s) of the doi marine safety investigation (Fri) will send on request a copy of the draft report on a State having to important interests involved to allow the State to comment on this draft report.
13.2. The (Les) State (s) responsible (s) of the security is no survey (are) given (s) comply with paragraph 13.1 if the State with important interests at stake that receives report guarantees not to broadcast or disseminate, or publish or allow someone to see the draft report or any part of this report without the consent of (the) State (s) responsible (s) the marine safety investigation or unless the reports or documents in question have already been issued by those states.
13.3. The (Les) State (s) responsible (s) of the safety investigation is (are) not required (s) comply with paragraph 13.1:
1. if (s) request (s) to the State with important interests involved receiving the report to ensure that the evidence contained in the draft report will not be considered in civil proceedings or criminal against a person who testified; and
2. if the State with important interests at stake declines to provide this assurance.
13.4. The (Les) State (s) responsible (s) of the doi marine safety investigation (Fri) t invite States with significant interests involved to submit their comments on the draft report within thirty days or such other period by agreement. The (Les) State (s) responsible (s) of the doi marine safety investigation (Fri) will consider these comments before making the final report and, if the acceptance or rejection of these observations will direct consequences for the interests of the State that submitted the information, it (s) doi (Fri) will inform the State with important interests at stake in how these observations have been addressed. If (the) State (s) responsible (s) of the investigation reçoi (Fri) does not comment on the expiry of thirty days or other agreed period, he (s) little (Fri) then t finalize the report.
13.5. The (Les) State (s) responsible (s) of the doi marine safety investigation (Fri) t try to check carefully, by the best means, that the draft report is accurate and complete.

Chapter 14 Maritime Safety Investigation Report
14.1. The (Les) State (s) responsible (s) of the doi marine safety investigation (Fri) t communicate to the Organization the final version of a marine safety investigation report for each survey on accident very serious sea.
14.2. When a marine safety investigation is carried out on a marine casualty or incident other than very serious marine casualties and a marine safety investigation report is prepared and contains information that could prevent or mitigate the severity of accidents and incidents in the future, the final version of the report must be submitted to the Organization.
14.3. The marine safety investigation report referred to in paragraphs 14.1 and 14.2 shall use any information collected during a marine safety investigation, given its scope, and that are necessary to ensure that all relevant safety issues are included and understood, so that security measures can be taken as needed.

14.4. The (Les) State (s) responsible (s) of the doi marine safety investigation (Fri) will carry the final marine safety investigation report available to the public and the maritime sector, or it (s) doi (Fri) t commit to provide the public and the maritime sector the information necessary to access this report if published by another state or by the Organization. PART III


RECOMMENDED PRACTICES Chapter 15 Administrative Responsibilities

15.1. States should ensure that the authorities of a marine safety investigation have sufficient material and financial resources and qualified personnel to enable them to facilitate the implementation of their obligations regarding security screening maritime accidents and marine incidents under this Code.
15.2. The designation of any investigator to take part in a marine safety investigation should be based on the skills required of investigators, as outlined in resolution A.996 (25).
15.3. However, the provisions of paragraph 15.2 does not prevent designate investigators have the specialized skills necessary to temporarily participate in a marine safety investigation, or exclude the possibility of using consultants to have the opinion of experts on any aspect of the marine safety investigation.
15.4. Anyone who is an investigator participating in a marine safety investigation, or who assists in a marine safety investigation, should be required to act in accordance with this Code. Chapter 16


investigation Principles 16.1. Independence: A marine safety investigation should be impartial to ensure that the information reaches him unimpeded.
16.1.1. The objective referred to in paragraph 16.1, the (the) investigator (s) carrying out a marine safety investigation will have (are) be functionally independent (s):
1. the parties involved in the marine casualty or incident;
2. anyone who might decide to take administrative or disciplinary action against an individual or organization involved in a marine casualty or incident; and
3. the courts;
16.1.2. The (Les) investigator (s) carrying out a marine safety investigation will have (are) subject to any interference by parties mentioned in paragraphs 1, 2 and 3 of paragraph 16.1.1 and power:
1. gather all available information on the marine casualty or incident, including those from the voyage data recorder and vessel traffic services;
2. analyze the evidence and identify the determinants;
3. draw conclusions about the determinants;
4. distribute a draft report for comments and prepare the final report; and
5. formulate, where applicable, safety recommendations.
16.2. Safety Objective: The objective of a marine safety investigation is to determine the responsibility, nor lay the blame on any particular party. The (Les) investigator (s) conducting the marine safety investigation will have to (are) not, however, refrain from making full account of the determinants of fear that the findings do not induce a presumption of blame or responsibility .
16.3. Cooperation: whenever possible and consistent with the requirements and recommendations of this Code, in particular Chapter 10 on cooperation, (the) State (s) responsible (s) of the marine safety investigation will have ( are) to endeavor to facilitate maximum cooperation among States with significant interests and other individuals or organizations conducting an investigation of a marine casualty or incident.
16.4. Priority: A marine safety investigation should, whenever possible, receive the same priority as any other investigation of the accident or marine incident, including criminal investigations initiated by a State.
16.4.1. In accordance with paragraph 16.4 the (the) investigator (s) carrying out a marine safety investigation will have (are) not be prevented (s) access to evidence in circumstances where another person or other organization performs separate investigation into a marine casualty or incident.
16.4.2. The evidence to which it should be possible to have free access should include:
1. visitation records and other records kept by the flag State, owners and classification societies;
2. all recorded data, including those from recorders voyage data; and

3. Evidence may be provided by government inspectors, coastguards, operators of vessel traffic services, pilots or other marine personnel.
16.5. Scope of the marine safety investigation: to properly identify the determinants, we must realize the timely methodical investigation, going beyond the immediate evidence and looking for underlying causes that may be remote from the place of accident or incident and the sea that could cause future other marine casualties and incidents. Marine safety investigations should therefore be considered as a means of identifying not only immediate causal factors but also failures that may exist in the whole chain of responsibility.

Chapter 17 Survey of marine casualties (other than
very serious marine casualties) and marine incidents
17.1. A safety investigation of maritime casualties (other than very serious marine accidents that are the subject of Chapter 6 of this Code) or marine incident should be conducted by the flag state of a vessel set because it seems likely that a marine safety investigation will provide useful information to prevent future accidents or incidents at sea in the future.
17.2. Chapter 7 of this Code includes mandatory requirements for determining who is (are) a (the) State (s) responsible (s) of the investigation of maritime security on a maritime accident. When the event that is the subject of an investigation under this chapter is a marine incident, necessary to implement the provisions of chapter 7 as recommended practices as if they related to marine incidents.
chapter 18 || | elements to be taken into account in reaching an agreement
under chapter 7 of part II
18.1. When the (the) State (s) of the pavilion, a coastal state (if involved) or other states with important interests involved seek to reach agreement in accordance with Chapter 7 of Part II to determine which will be of them (will be) the (the) State (s) responsible (s) of the marine safety investigation under this Code, account should be taken of the following: || | 1. if the marine casualty or incident occurred in the territory, including the territorial sea of ​​a State;
2. If the vessel or vessels implicated in a marine casualty or incident in the high seas or in the exclusive economic zone then went in the territorial waters of a State;
3. the resources and commitment required of the flag State and other States with significant interests;
4. the potential scope of the marine safety investigation and the ability of the flag State or of another State with important interests involved to deal with it;
5. the need for (the) investigator (s) carrying out a marine safety investigation, to have access to evidence and the consideration of the State or of the States able to promote access to such evidence;
6. all negative, real or imaginary consequences of the accident or incident at sea of ​​other States;
7. the nationality of the crew, passengers and others affected by the marine casualty or incident.

Chapter 19 illegal interference Acts
19.1. If, during a marine safety investigation, it is learned or suspected that an offense was committed within the meaning of Articles 3, 3a, 3b and 3c of the 1988 Convention for the Suppression of Unlawful Acts against the safety of maritime navigation, marine safety investigation authority should immediately ensure that the maritime security authorities or States concerned are notified. Chapter 20


Notification to the parties involved and commencement of an investigation
20.1. When beginning a marine safety investigation under this Code, the captain, the owner or agent of a ship involved in the accident or sea incident under investigation should be informed in the shortest possible time:
1. the marine casualty or incident which is the subject of the investigation;
2. Time and place at which the marine safety investigation will commence;
3. the name and contact information of (the) authority (s) marine safety investigation;
4. relevant legislation governing the marine safety investigation;
5. Rights and obligations of the parties to the marine safety investigation;
6. Rights and obligations of (the) State (s) responsible (s) of the marine safety investigation.

20.2. Each state should establish a standardized document containing the information specified in paragraph 20.1 that can be transmitted electronically to the master, the agent and the owner of the ship.
20.3. Recognizing that any ship involved in a marine casualty or incident can remain in service and that a ship should not be delayed any longer than is strictly necessary, the (the) State (s) responsible (s ) of the marine safety investigation will have (are) start it as soon as reasonably possible and not to delay the ship. Chapter 21


Coordination investigated 21.1. The recommendations in this chapter should be applied in accordance with the principles established in Chapters 10 and 11 of this Code.
21.2. The (Les) State (s) responsible (s) of the marine safety investigation will have (are) ensure that an adequate system in the state to:
1. designate investigators involved in the marine safety investigation including an investigator to conduct the investigation;
2. provide reasonable support to members of the marine safety investigation;
3. to develop a strategy for the marine safety investigation in consultation with other States with significant interests;
4. ensure that the methodology followed during the marine safety investigation is consistent with that recommended in the resolution A.884 (21), as amended;
5. ensure that the marine safety investigation takes into account the recommendations or instruments relating to the conduct of a marine safety investigation, which were published by the Organization or the International Labour Organisation;
6. ensure that the marine safety investigation takes into account the safety management procedures and security policy of the operator of the ship had regard to the ISM Code.
21.3. The (Les) State (s) responsible (s) of the marine safety investigation will have (are) enable a State with important interests at stake to participate, wherever possible, to aspects of marine safety investigation that interest.
21.3.1. As part of that participation, it would include allowing state officials with substantial interests in play:
1. examine witnesses;
2. see and examine the evidence and make copies of documents;
3. submit opinions about the evidence, comments and ensure that their views are reflected in the final report;
4. receive the draft report and the final marine safety investigation report (*).
21.4. Wherever possible, States with significant interests at stake should facilitate access of (the) State (s) responsible (s) of the marine safety investigation to information relevant to this investigation. Wherever possible, the (the) investigator (s) conducting the marine safety investigation will have (are) also able to question government inspectors, coastguards, operators of vessel traffic services, pilots or other marine personnel of a State with important interests.
21.5. The flag State of a ship involved in a marine casualty or incident should facilitate contacts (of) investigator (s) conducting the marine safety investigation with the crew.
(*) The expression "to the extent possible" could be interpreted to mean that such cooperation or participation are limited by domestic law that makes it impossible full cooperation or participation.




Chapter 22 Research evidence
22.1. The (Les) State (s) responsible (s) of a marine safety investigation will have to (are) not unnecessarily detain a ship to collect evidence or seize original documents or equipment, unless it is essential for the needs of the marine safety investigation. Investigators should make copies of documents wherever possible.
22.2. The (Les) investigator (s) carrying out a marine safety investigation will have (are) back up witness interviews and other evidence gathered during the investigation, so they can be accessed by people who do not need the purposes of the investigation.
22.3. The (Les) investigator (s) conducting the marine safety investigation will have (are) taking advantage of all recorded data, including those provided by the voyage data recorders, if any. The information recorders voyage data should be downloaded by (the) investigator (s) conducting the investigation or a designated representative.

22.3.1. If (the) State (s) responsible (s) of the investigation has (have) no adequate means for reading information from a recorder voyage data, the states with such facilities should offer their services, with due consideration:
1. resources available;
2. display of system capacity;
3. the timely receipt of information displayed; and
4. the system location.

Chapter 23 Confidentiality of information
23.1. States should ensure that (the) investigator (s) carrying out a marine safety investigation discloses (s) of information extracted from a marine safety record if:
1. it is necessary or desirable in the interests of transport safety and any impact on the future availability of safety information to a marine safety investigation has been taken into account; or
2. this is permitted in any other capacity in accordance with this Code (*).
23.2. States involved in a marine safety investigation under this Code should ensure that any marine safety record in its possession is not disclosed in the course of criminal proceedings, civil, disciplinary or administrative, unless:
1. the competent judicial authority of the State concerned decides that the interest in its dissemination to the administration of justice outweighs the negative consequences at national or international level, such disclosure may have on the marine safety investigation or any future investigations (**); and
2. depending on the circumstances, the State which provided the marine safety record to the marine safety investigation authorizes its disclosure.
23.3. The maritime safety record should be included in the final report or its appendices, only if it is relevant to the analysis of the accident or marine incident. The parts of the file that are not relevant, which are not included in the final report should not be disclosed.
23.4. States are required to communicate to a State with important interests involved information extracted from a marine safety record that if this does not undermine the integrity and credibility of any marine safety investigation the (the) state (s) that communicate (s) information.
23.4.1. The State communicating information extracted from a marine safety record may require the State to which the information is intended is committed to preserving confidentiality.
(*) States recognize the value of maintaining the confidentiality of a marine safety record that should be disclosed to persons outside the marine safety investigation for the purpose of conducting the investigation, for example in the case of a marine safety record to be supplied to an external expert to analyze or give a second opinion. The purpose of this privacy would prevent the inappropriate disclosure of sensitive information for purposes other than maritime safety investigation, at a time when it is not clear how this information will help identify the factors contributing to a marine casualty or incident. inappropriate disclosure may pose a presumption of blame or responsibility on the parties involved in a marine casualty or incident.
(**) The cases where it may be appropriate to disclose information from a marine safety record in the context of a criminal, civil, disciplinary or administrative may for example be:
1. when the person subject to the procedure acted with the intent to cause destructive result; or
2. where the person subject to the procedure was aware of the serious risk of occurrence of a destructive outcome and that, given the circumstances that she knew it was unjustifiable to take that risk.




Chapter 24 Protection of witnesses and the parties involved
24.1. If a person is legally required to submit, for the purposes of a marine safety investigation, evidence that may incriminate him, it would, to the extent that the domestic law, prevent such evidence are held in civil or criminal proceedings against the person concerned.
24.2. A person he is asked to testify should be informed of the nature and basis of the investigation. A person he is asked to testify should be informed and have access to legal advice, regarding:

1. the risk that it may incriminate themselves in any proceedings as a result of the marine safety investigation;
2. the right not to incriminate himself or to remain silent;
3. defenses at its disposal to prevent the evidence it may provide to the marine safety investigation will be used against her.

Chapter 25 Draft report and final report
25.1. The marine safety investigation reports should be prepared as soon as possible.
25.2. Wherever possible, the (the) State (s) responsible (s) of the marine safety investigation will have (are) sent on request a copy of the marine safety investigation draft report to the parties interested so they will comment. However, this recommendation does not apply when it is not guaranteed that the interested party does not or will not distribute disseminate, nor publish or allow someone to consult the draft investigation report maritime security or a part of this report without the express consent of (the) State (s) responsible (s) of the marine safety investigation.
25.3. The (Les) State (s) responsible (s) of the marine safety investigation will have (are) grant interested parties a period of thirty days, or other period by agreement, to submit their observations on the marine safety investigation report. The (Les) State (s) responsible (s) of the marine safety investigation will have (are) to consider these comments before making the final report on marine safety investigation and, if the acceptance or the rejection of these observations will have direct consequences on the interests of interested parties who submitted it (s) should (are) inform stakeholders of how those comments were dealt with. If (the) State (s) responsible (s) of the investigation reçoi (Fri) does not comment on the expiry of thirty days or other agreed period, he (s) little (Fri) then t finalize the marine safety investigation report (*).
25.4. When the internal law of the State establishing the marine safety investigation report allows, it should avoid the draft report and the final report will not constitute admissible evidence in proceedings concerning the accident or the marine incident if it may lead to disciplinary sanctions, a criminal conviction or determination of liability.
25.5. At any stage of a marine safety investigation, interim safety measures may be recommended.
25.6. When a State with important interests at stake disputes all or part of the final report of marine safety investigation, it may submit its own report to the Organization.
(*) See chapter 13 where provisions concerning the communication of reports to interested parties who request it can be included by cons as mandatory provisions.




Chapter 26 Reopening of an investigation
26.1. The (Les) State (s) responsible (s) of a marine safety investigation, which has (have) completed the survey will have (are) reviewing its (their) findings and consider reopening the investigation when new adduced elements are such as to significantly alter the analysis and the conclusions drawn.
26.2. When significant new evidence relating to an accident or a marine incident is presented in (the) State (s) responsible (s) of the marine safety investigation and who has (have) completed the survey, these elements should be carefully evaluated and transmitted to other States with significant interests, for all purposes.

Done in Paris on 16 December 2010. Nicolas Sarkozy

By the President of the Republic:
Prime Minister Francois Fillon

The Minister of State, Foreign Minister

and European
Michele Alliot-Marie || | (1) This resolution came into force on 1 January 2010.