Cabinet of Ministers Regulations No. 561 Riga, July 12, 2011 (pr. No 43 12) marine and marine incident investigation order issued in accordance with the maritime administration and the Maritime Security Act 50. the second paragraph of article i. General questions 1. determines the order in which accidents occur and marine incident investigation aspects of maritime safety (hereinafter examination).
2. the meaning of these provisions: 2.1. Imo, the International Maritime Organization;
2.2. the Bureau of investigation — Transport accident and incident investigation Bureau;
2.3. Accident Investigation Code-IMO Maritime Safety Committee 16 May 2008 resolution MSC 255 (84) the attached code of international standards and recommended practices in the marine and marine incident investigation of maritime safety (accident investigation code);
2.4. major environmental damage-major damage to the environment in accordance with the national environmental service;
2.5. especially serious accidents-accidents, which died in the ship, the person lost life or caused significant damage to the environment;
2.6. the heavy marine casualties – maritime incident which does not meet the particularly serious marine casualty and characteristics related to fire, explosion, collision (a contact) with another vessel or other object, uzsēšano to the Bank, bad weather or ice damage, suspicion of other damages or others with operational conditions, which leads to: 2.6.1. main engine damage (for example, stopping for a period longer than 24 hours (passenger ship, longer than 12 hours)) the relevant compartment or a hull damage or other conditions in which the ship lost seaworthiness;
2.6.2. environmental damage;
2.6.3. the damage to the ship or shore tugs required service assistance;
2.7. less serious accidents-accidents that do not meet the particularly serious or severe signs of accidents;
2.8. marine casualty or incident, the initial evaluation by the marine casualty or incident conditions related to the initial evaluation of information to make a decision, or need to perform investigations;
2.9. the cause – the actions, omissions, events or conditions, without whom: 2.9.1. marine casualty or incident should not have happened;
2.9.2. marine casualty or incident not occurred, or it would not be so severe;
2.9.3. other actions, omissions, events or conditions that are associated with the provision of 2.9.1. and 2.9.2. consequences listed in point should not have been;
2.10. safety recommendations – any proposal provided: 2.10.1. investigation of a leading national or substantially interested State, by the competent authority on the basis of the investigation carried out in the course of the analysis of data;
2.10.2. the European Commission, on the basis of theoretical analysis of data and the results of the investigation;
2.11. the investigation of the leading State-a State whose vessel involved in the accident or incident, or in agreement with other substantially interested States undertake investigations;
2.12. substantially interested State, a State that meets at least one of the following conditions: 2.12.1. a ship flying its flag, is involved in a marine accident or incident;
2.12.2. marine casualty or incident has happened in this country in the territorial sea or internal waters;
2.12.3. maritime accidents have caused material injury to the State of the environment (sea or land);
2.12.4. marine casualty or incident has caused other significant harm or caused danger to this country, or artificial islands, installations or structures which are subject to the jurisdiction of that State;
2.12.5. maritime accident this country has lost a life or suffered serious injuries (according to accident investigation the definition laid down in the code);
2.12.6. this country is in possession of information that the investigation leading State considers relevant to the investigation;
2.12.7. this country has other interests that investigation leading state recognised as significant;
2.13. voyage data recording (VDR) – equipment for ship's equipment, which automatically captures and stores information about the ship's movements, the location of the vessel, its physical condition, the situation, as well as in the form of audio recorded and keep the conversation to the navigation bridge;
2.14. automatic identification system (AIS)-automated carry system that operates in the VHF range, used for navigation of vessels and the identification, location and mutual interchange of data;
2.15. the shipping company, the owner of the ship or any other legal or natural person (such as a Board operator or bareboat charterer) who has taken over from the shipowner to the operation of the ship-related duties and responsibilities, including all the international code for the safe operation of ships and for pollution prevention the duties and responsibility imposed by the code;
2.16. the seafarer: any person who is taken on board in any position;
2.17. the European marine casualty information platform – European Commission created and maintained electronic database that stores and analyzes data on marine casualties and incidents;
2.18. early warning, issued by the European Commission in the field of maritime safety issues related to the alert notification of EU national competent authorities, the maritime industry or to any other party;
2.19. sensitive personal data-sensitive personal data under the data protection of natural persons in the statutory definition.
3. the rules apply to marine casualties and incidents: 3.1 which is involved in the Latvian vessel;
3.2. what happens in Latvia's territorial sea or internal waters of the Republic of Latvia;
3.3. The Republic of Latvia which is otherwise reasonably interested in accordance with the rules referred to in paragraph 2.12.
4. the rules do not apply to marine casualties and incidents involving only: 4.1 warships, military transport and other public services;
4.2. motor vessel engine;
4.3. the primitive building wooden ships;
4.4. recreational craft not engaged in trade, unless they are or will be completed with the crew and not commercial purposes and do not carry carry more than 12 passengers;
4.5. inland waterway vessels if they fly inland waters;
4.6. the fishing vessels with a length of less than 15 metres in length (except in accordance with the provisions of paragraph 16 of the decision is taken to investigate);
4.7. drilling works in the sea for stationary equipment.
II. the purpose of the investigation and status 5. investigation to prevent similar marine accidents and incidents in the future.
6. in accordance with the code of conduct for accident investigation and maritime administration maritime safety and statutory investigation is independent of the criminal investigation or other investigation undertaken to determine individual guilt and responsibility.
7. The authorities of the respective event carried out criminal investigations or other inquiries, to determine a person's guilt and responsibility, ensure that the investigation carried out in accordance with these terms, do not be unduly restricted, interrupted or delayed.
8. If the investigation of law enforcement authorities, the Office has declared that the relevant event is underway or resorisk criminal procedure Inspection Bureau of investigation to ensure the investigation is not hindered or resorisk of the criminal procedure (for example, inspection of possible evidence without reconciliation with process Guide).
III. Competent Authority 9. investigations, investigations Office.
10. the Bureau of investigation legal structure and decision making is independent of any subject who may be interested, to the accident or incident causes would not be detected.
11. in order to implement the specific function of the Investigation Bureau, Bureau of investigation investigators are right, the indicating the service card, get all the information they need and: smooth 11.1 access to any area, the ship (including, to any location on the Board), as well as ship wreck;
11.2. perform with the marine casualty or incident related to the case (for example, contaminants or part of the ship) and the collection of them for further analysis;
11.3. unhindered access to any documents, including the ship's journal, expert opinion, classification societies and controls the function of the sponsoring authorities acts as well as to copy and use such documents (about the documents within the meaning of the evidence be considered electronic media (such as AIS and VDR) records and transcripts, as well as audio and video);
11.4. to interview witnesses without the presence of persons who might be interested in, to the accident or incident of causes;
11.5. to request and receive the seamen, other accidental person, as well as the relevant national authorities, including the flag State and port State control inspectors, coast guard services, vessel traffic service operators, search and rescue services, the pilot and another person;
11.6. take the video and audio tracks of inquiry;

7.3. request to be made to the marine casualty or incident related to the case (for example, contaminants or ship parts) inspection.
12. to prevent similar marine accidents and incidents, in addition to Investigation Bureau of investigation can also be performed in the field of maritime safety-related data collection and analysis in theory, provided that it does not endanger the independence of the Office.
IV. Maritime accidents and incidents in the original evaluation 13. Following receipt of the information on the marine casualty or incident investigation conducted by the Bureau of marine casualty or incident, the initial evaluation. If necessary, the State Environmental Department evaluates whether an event has caused substantial damage to the environment.
14. If the matter very serious marine accident Bureau of investigation to investigate.
15. If the matter is serious marine casualties, less serious marine casualty or incident, the marine Bureau of investigation evaluated the usefulness of the investigation, taking account of the marine casualty or incident severity, and cargo vessels involved and whether the results of the investigation concerned can help to prevent further marine accidents and incidents. The investigation shall be conducted only if the Office of the investigation it is considered appropriate.
16. The rules set out in point 15 of the Evaluation Office carried out an investigation even if the sea accident or incident involving only fishing vessels with a length of less than 15 metres.
17. If the Bureau of investigation in accordance with paragraph 15 of these rules decides not to make a serious marine casualty investigation, the reasons for this decision and notified to the European Commission through the European marine casualty information platform.
18. If the Bureau of investigation under this rule 15 or 16. Decides not to conduct an investigation, it may ask the relevant investigations take a marine accident or incident involving the shipping company of the ship, which by the end of the investigation materials on the marine casualty or incident shall be referred to the Bureau of investigation.
V. international cooperation 19. Bureau of investigation shall cooperate with other marine accident or incident involving the competent authorities to promptly agree on it, which will be the leading state of the investigation and the investigation procedure will be applied. The arrangement process assesses which national management and the procedures by which it will be possible to most effectively achieve the objectives of the investigation.
20. the Bureau of investigation is responsible for the investigation and coordination with other substantially interested States competent authorities until this provision is referred to in paragraph 19.
21. If, in accordance with the provisions of the agreement referred to in paragraph 19, in the Republic of Latvia has become the leading country in the investigation: 21.1. investigation the Office of investigations, collaborate with other substantially interested States, including the competent authorities shall take into account the views of those bodies;
21.2. other substantially interested States to the competent authorities in the framework of the investigation concerned shall enjoy the same rights as the Bureau of investigation.
22. If in accordance with the provisions of the agreement referred to in paragraph 19, in the Republic of Latvia has not become a leading country in the investigation, the Bureau of investigation the investigation concerned cooperate with the leading national investigation and, if necessary, to exercise their right to participate in the investigation process.
23. the Office of the investigation investigation parallel to another country made the same marine casualty or incident investigation shall be carried out only in exceptional cases. Investigation parallel to another country made the same marine casualty or incident investigation is required if the State investigations are not carried out in accordance with the code for the investigation of marine casualties. If the Bureau of investigation decides to take parallel investigations, it: 23.1. notify the European Commission of the reasons of such investigations;
23.2. cooperate with other competent national authorities, which also carried out the marine casualty or incident investigation, in particular through the exchange of information acquired in the course of the investigation, in order to reach a single conclusion, as well as coordinating the investigation to avoid conflicting requests for access to witnesses and evidence.
24. Bureau of investigation by mutual agreement with the other country's competent authority may delegate this authority to carry out the investigation or certain tasks associated with it.
25. the Bureau of investigation shall carry out investigations or individual tasks associated with it, if this function is delegated to the Office of the investigation by mutual agreement with the competent authority of another State.
26. Substantially interested State, the competent authorities of these rules 21, 22, 24 and 25 above, the rights and obligations disposed free of charge.
27. If, in accordance with the provisions of paragraphs 24 and 25 assistance is required the national authority that is not based on the State concerned, the competent authorities concerned shall mutually agree on the remuneration.
28. in addition to the provisions laid down in section 27.7. birojsnosūt of the investigation the European Commission data for the marine casualty or incident, the use of the European marine casualty information platform.
Vi. Investigation of applicable standards 29. An investigation shall be initiated as soon as possible, but not later than two months after the marine casualty or incident.
30. the investigation shall be carried out in accordance with the code for the investigation of marine casualties, to these terms and common methodology developed in accordance with the European Parliament and of the Council of 27 June 2002 Regulation (EC) 1406/2002 establishing a European maritime safety agency article 2 point "e".
31. In special cases, if the Bureau of investigation, on the basis of their professional judgement, it is considered necessary, the investigation may not be carried out in accordance with the common methodology of the investigation, which was established by the European Parliament and of the Council of 27 June 2002 Regulation (EC) 1406/2002 establishing a European maritime safety agency article 2 point "e".
VII. Collection of evidence and proof of the obligation of maintaining 32. Bureau of investigation investigators collect evidence of this provision in paragraph 11 of that law.
33. The master of the vessel, the shipping company, as well as other marine casualty or incident related entities collect, save and submit the investigation Office of the all the materials at their disposal (such as information from maps, ship logs, GDR), associated with the marine casualty or incident and the time period before and after the marine casualty or incident (as is reasonably possible).
34. the Office of the investigation shall submit the following information: 34.1. vessel traffic control services-information from audio and video recordings, magazines and other guard in their possession with the marine casualty or incident related information;
21.3. National Environment services marine and inland waters administration – information from the records of the movements of fishing vessels and the other with the marine casualty or incident related information;
21.3. the national armed forces of the fleet Marine Force Coast Guard service in marine search and rescue coordination centre (MRCC Riga)-information from the automatic identification system (AIS), situation report (SITREP) reporting of pollution (POLREP), audio and video recordings, and other it held with the marine casualty or incident related information.
35. Bureau of investigation investigators interviewed people as soon as possible after a marine casualty or incident. Particularly for seafarers, in order not to delay the operation of the ship or the repatriation of seafarers.
36. before interviewing the person investigating Office of the coroner shall inform him of the nature and basis of the investigation, as well as: 36.1. potential risks that the interview, which it will provide the framework of the investigation, the person can be impugned criminal acts;
36.2. the right not to give testimony against themselves or do not give interviews at all;
36.3. the protection, a person can get to the interview, which she delivered as part of the investigation, would not be used against that person.
37. The Person who intended to interview, Bureau of investigation provides the opportunity to receive legal advice in regards to this rule 36.1. risks and referred to it in terms of the law.
38. The master of the ship at the request of the Bureau of investigation and the Bureau of investigation completed on paper or in electronic form submitted by: 38.1. Captain's report on marine accidents or incidents (annex 1);
38.2. the data on marine accident or incident involving persons (annex 2).
39. If a marine accident or incident involving a Latvian ship happened outside the territorial sea of the Republic of Latvia and the Republic of Latvia in internal waters and therefore the Bureau of investigation investigators is not possible in time to initiate an investigation, the master of the ship is responsible for the actions of the original investigation and, where appropriate, to submit to the Investigation of the investigation materials. If the master of the vessel in relation to the marine casualty or incident is initiated criminal proceedings under the criminal law, he shall notify the Bureau of investigation, which authority and when the criminal proceedings the collected materials will be placed.
VIII. investigation report

40. the investigation of the investigation report shall be prepared by the Office (hereinafter referred to as the message) for each under these regulations investigation. The report includes this provision, the information referred to in annex 3.
41. If in the course of the investigation, the Bureau of investigation finds that the investigation concerned (except for the very serious and serious marine accident investigation) results are not likely to help achieve the objectives of the investigation, the Investigation Bureau can prepare a short report, do not include detailed analysis and recommendations.
42. the Office for the investigation, the final version of the report shall be prepared within 12 months of the marine casualty or incident. If the final version of the report it is not possible to prepare, Bureau of investigation shall draw up an interim report and continue the investigation.
43. before the final version of the report of the Preparatory Office for the investigation report with the other substantially interested States, in accordance with the code for the investigation of marine casualties. If necessary, the draft report can be matched to other entities (such as the marine accident or incident involving the shipping company and the national environmental service). If any entity of the draft report is referred to in a different view, the differing views can add to the message.
44. A copy of the message sent: 44.1. entities involved in accidents;
44.2. subjects, having addressed security recommendations;
27.5. for any other entity having a point of view of the Office of the investigation report might be appropriate;
27.6. Imo – IMO 2008 December 18, MSC-MEPC circulars. 3/Circ. 3 "reports on marine casualties and incidents";
27.7. the European Commission, through the European marine casualty information platform.
45. If the European Commission after reading a report on it is technical notes, the Bureau of investigation in its future work the comments taken into account.
46. a report published in the Bureau of investigation homepage on the internet (URwww.taiib.gov.lv). If law enforcement authorities in the investigation, the Office has declared that the relevant event is underway or resorisk criminal procedure Inspection Bureau of investigation report with the publication process guide or resorisk to the examiner. In any case, the report shall be published, if since the marine casualty or incident is the last 12 months.
47. If, after the publication of the report reveals new facts that may significantly alter the results of the investigation, and the Investigation Bureau will carry out additional or repeat examination, after investigating office complements the existing or prepare new message.
48. If the Republic of Latvia is the leading state of the investigation, the Bureau of investigation as a substantially interested State the competent authority shall ensure the investigation report prepared by the managing state availability subject to which the Office's point of view of the investigation report might be appropriate (for example, inform the subjects of access report).
IX. Security recommendations, and an early warning system 49. sending a copy of the message subjects, having addressed security recommendations, Bureau of investigation indicates that the desired safety measures laid down in the recommendation.
50. If the Bureau of investigation in the course of the investigation, finds that there is an urgent need to take action to prevent threats to maritime safety, the subject can make security recommendations before the report is completed.
51. The investigative office may provide security recommendations, not only on the basis of the results of the investigation, but also on the basis of the theoretical analysis that it conducted in accordance with the provisions of paragraph 12.
52. If the Bureau of investigation at any stage of the investigation, finds that there is an urgent need to act at European Union level, to prevent new accidents, it shall immediately inform the European Commission of the need to give early warning.
X. information non-disclosure obligation not 53. Bureau of investigation disclosed the following information: 53.1. the person in the course of interviewing for the news;
53.2. information identifying the person who delivered an interview, or a person who is involved in the marine casualty or incident;
53.3. sensitive personal data;
53.4. information which contains photographs, audio, videos, and voyage data recording (VDR) records of equipment (except when they are added to the message). The information contained in the flight data recording equipment (GDR) records, law enforcement authorities at their request.
54. While no complete report, Bureau of investigation on the marine casualty or incident may be made only if the identified general facts (what happened, where, when and what are the consequences of the event in question).
Informative reference to European Union directives, the regulations include provisions resulting from: 1) of the European Parliament and of the Council of 27 June 2002 Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC;
2) of the European Parliament and of the Council of 23 April 2009. directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending directives 1999/35/EC of the European Parliament and Council Directive 2002/59/EC.
Prime Minister – the Minister of Justice, Minister of Interior of the duty of the artist a. Štokenberg traffic Minister u. Augul a annex 1 Cabinet July 12, 2011 regulations No 561 Masters report on marine accidents/incidents in the Master's report on marine Casualty/incident traffic Minister U. of annex 2 Augul Cabinet July 12, 2011 regulations No 561 data on marine accident or incident involving the individual Personal data sheet traffic Minister u. Augul a annex 3 Cabinet July 12, 2011 regulations No 561 investigation report content i. introductory
1. Introductory paragraph shall state: 1.1. investigation objectives;
1.2. the fact that the security recommendations does not determine guilt or responsibility;
1.3. the fact that the message content and design is not intended for use in legal proceedings.
II. Brief description of the accident/incident 2. This part specifies the marine casualty or incident key facts: 2.1 what happened, when, where and how was held;
2.2. do any people have lost lives, suffered injuries, damage is caused to the ship or cargo, damage to third parties or the environment.
III. the facts 3. This part includes several separate sections, which provide sufficient facts to justify the analysis and make the situation clearer. These sections include the following: 3.1 data on: 3.1.1. name of the ship;
3.1.2. Imo number;
3.1.3. the flag State;
3.1.4. main characteristics;
3.1.5. the owner and the actual Manager (charterer, operator);
3.1.6. the data on the structure;
3.1.7. the minimum safe navigation crew;
3.1.8. type of vessel;
3.2. data on flight: 3.2.1. visit port;
3.2.2. service type;
3.2.3. particulars of the cargo;
3.2.4. particulars of the crew;
3.3. information about the marine casualty or incident: 3.3.1. type;
3.3.2. the date and time;
3.3.3. the accident location (coordinates);
3.3.4. the internal and external environment;
3.3.5. the location on the ship;
3.3.6. the operation of the vessel and voyage segment;
3.3.7. the human factor related data;
3.3.8. consequences (to people, ship, cargo, environment, other);
3.4. the Bank's services and response to emergencies: 3.4.1 involved;
3.4.2. the means used;
3.4.3. the response rate;
3.4.4. actions taken;
3.4.5. the results achieved.
IV. Description this part reconstructs 4. marine casualty or incident progress in chronological order (before the event, during and after the event), and each factor (i.e., people, materials, equipment or the environment, external power). Description to be included in the period depends on those events, which has had a direct impact on the marine casualty or incident. This part also includes all relevant information about the investigation, including the results of the investigation.
V. analysis 5. This part includes a number of separate sections, each of which provides marine accident or incident associated with the analysis of the event notes about the results of the investigations and of all the security measures already taken in order to prevent threats to maritime security. This sections analyzes such questions: 5.1 with the marine casualty or incident related event conditions and environment;
5.2. Human erroneous actions and omissions;
5.3. events involving dangerous substances;
5.4. the impact on the environment;. equipment failure 5.5;
5.6. external effects;
5.7. marine casualty or incident causes related to human factors, activities on board, the shore management or regulatory framework.
6. This part contains analysis and notes lets you report to draw logical conclusions, establishing all of the marine casualty or incident.
Vi. Findings 7. This part consolidates marine casualty or incident related to the causes, which should develop security measures to prevent similar accidents or incidents in the future.
VII. Security recommendations

8. If necessary, this part includes the analysis and findings resulting from the safety recommendations in specific areas (for example, regulatory framework, design, procedures, inspection, management, health and safety, training, repairs, maintenance, shore assistance by the authorities).
9. safety recommendations to address them, where they can best be implemented (such as ship owners, operators, recognised organisations, maritime authorities, vessel traffic monitoring services, rescue services, international maritime organisations and institutions of the European Union).
10. This part also includes any interim safety recommendations and safety measures already taken in order to prevent threats to maritime security.
Viii. Annex 11. If necessary, report on paper or in electronic form accompanied by: 11.1. photographs, motion pictures, sound recordings, maps, diagrams;
11.2. the applicable standards;
11.3. the used technical terms and abbreviations;
11.4. special security studies;
11.5. other required information.
Traffic Minister Augul by U.