Key Benefits:
Decision of 10 December 2004 laying down rules for the implementation of the National Security Research Council Act (Committee of the Research Council for Safety)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Internal Affairs and Kingdom Relations of 14 June 2004, no. PRO 2004/67265, Directorate-General for Security, project PRO;
Having regard to Directive No 94 /56/EC of the Council of the European Union of 23 November 1994 laying down the basic principles for the investigation of civil aviation accidents and incidents (PbEG L 319), Directive No 96 /82/EC of the Council of the European Union of 9 December 1996 on the control of major-accident hazards involving dangerous substances (PbEG L 010), Directive No 2002 /59/EC on the introduction of a Community vessel monitoring and information system for maritime navigation (PbEG L 208), and Directive No 1999 /35/EC of the Council of the European Union of 29 April 1999 on a system of compulsory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services (PbEG L 138) and the Articles 5 , 28 , 54 , 56, second paragraph , 59, third member , 67 , 68 , 77 , 78 and 96, 1st member, of the Rijkswet Research Council for Security ;
The Council of State heard (opinion delivered on 2 September 2004, No W04.04.0254/I);
Having regard to the further report of our Minister of Home Affairs and Kingdom Relations of 6 December 2004, No PRO 2004/78765;
Have found good and understand:
1 In this Decision, the following definitions shall apply:
a. State law: Rijkswet Research Council for Safety ;
b. Ship-ship case: an event that has resulted in the following:
1 °. Fatal or serious injury to a person caused by, or associated with, the functioning of a ship;
2 °. the disappearance of a person from a ship caused by, or associated with, the operation of the ship;
3 °. the missing, suspected missing or leaving a ship;
4 °. damage to a ship;
5 °. the beaches or unserviceable of a ship;
6 °. the involvement of a ship in the event of a collision;
7 °. damage caused by, or associated with, the functioning of a ship;
8 °. damage to the environment caused by damage to one or more ships which is the result of, or associated with, the functioning of a ship;
c. very serious shipping case: an event that has resulted in:
1 °. the death of a person, resulting from, or associated with, the functioning of a ship;
2 °. very serious damage to the environment caused by damage to one or more ships, which is the result of, or associated with, the functioning of a ship; or
3 °. a ship which is total loss;
d. serious shipboard event: an event, being a fire, a blast, a stranding, a collision, heavy weather, ice hall, failure of the construction, or any other cause, which has resulted in:
1 °. damage to the propulsion system, or serious damage to accommodation or the construction of a ship, which affects its seaworthiness;
2 °. to become inmanoeuvrable by a ship which is outside necessary, or
3 °. pollution of the marine environment;.
e. Shipping incident: an event, which is not a shipping event, caused by or associated with the functioning of a ship and in which the safety of the ship or of persons has been compromised or causing serious damage to the ship. ship, mining facilities or the marine environment could be created;
f. Aviation case: an event related to the use of an aircraft and takes place between the time when a person embargoes on board with the intention to carry out a flight and the time when all persons who are they shall have embarked on board with this intention, and shall:
1 °. a person has suffered fatal or serious injury as a result of being in the aircraft, direct contact with any part of the aircraft, including the parts detached from the aircraft or direct Exposure to the exhaust flow of the reactors, except where the injuries have a natural cause, were inflicted by the person himself or by others, or when the injuries affect stowaways outside the normal for passengers. Personnel referred to and the premises shall cease; or
2 °. the aircraft is damaged or defective structurally, thereby adversely affecting its solidity, performance or flight characteristics and which normally necessitates extensive repair or replacement of the component affected. would make, except in the case of engine failure or engine damage and the damage is limited to the engine, engine bonnet or engine parts, or damage limited to the propellers, the wing points, the antennas, the tyres, the brakes, the power linings or up to connectors or holes in the aeroplane skin; or
3 °. the aircraft is missing or is completely unreachable;
g. aeronautical incident: an event, which is not an aeronautical event, associated with the operation of an aircraft, and which is or could impair or might be a safe operation;
h. serious aviation incident: aerodrome incident occurring under conditions indicating that almost an aviation case has taken place;
(i) fatal injury: injury sustained by a person in the event of an accident, resulting in death within 30 days of the time of the accident;
Serious injury:
1 °. in respect of a shipboard case: injury suffered by a person in the event of an accident, resulting in a disablement for more than 72 hours, starting within seven days of the date of the injury;
2 °. in respect of an aviation case: injury sustained by a person in the event of an accident, that:
A. entering a hospital for more than 48 hours, starting within seven days of the addition of the injury, or
B. the fracture of a bone, except single fractures of fingers, toes or nose, or
C. is accompanied by lacerations causing severe bleeding or damage of nerves, muscles or tendons; or
D. is accompanied by injury to an internal organ; or
E. involves second-degree or third-degree burns or burns over 5% of body surface area, or
F. is associated with observed exposure to infectious substances or harmful radiation,
k. State of Design: State that has jurisdiction over the organisation responsible for the design of an aircraft;
L. State of manufacture: State having jurisdiction over the organisation, which is responsible for the manufacture of an aircraft as such;
(m) of the occurrence: State on or above the territory of which, including territorial waters, an aeronautical or aero incident is carried out;
n. State of the operator is: State where the operator of an aircraft has its principal place of business or, failing that, the operator is established;
o. State of Registration: State where an aircraft is registered;
Aircraft operator means any natural person, any legal person with or without a profit or any public entity with or without legal personality that operates or intends to operate one or more aircraft;
(q) is of significant importance: in the event of an occurrence involving a vessel, it is one of the categories designated under ministerial arrangement;
Railway: a rail system as referred to in Directive 2004 /49/EC, as far as that system is designated in the Main Railways Designation decision ;
s. serious accident related to a railway: a collision or derailment of trains, where at least one person is killed or five or more persons are seriously injured or major damage to the rolling stock, infrastructure or environment is being or a similar accident that has obvious consequences for the regulatory safety on rail or safety management, including the term 'major damage', the cost of which is the total cost of the vehicle. can be estimated immediately by the investigating authority at a minimum of € 2 million;
t. Directive 2004 /49/EC: Directive No 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Directive 95 /18/EC of the Council on the licensing of railway undertakings, and of Directive 2001 /14/EC of the Council on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as well as on safety certification ('Railway safety directive ') (PbEG L 220);
you. Dutch railway safety authority: the service designated by Our Minister of Infrastructure and the Environment, in charge of the tasks of the Safety Authority referred to in Article 3, part g, of Directive 2004 /49/EC .
2 Under an aeronautical case, an event associated with the use of an unmanned aircraft shall be carried out during the period from the start to and before the landing and where the part number (s) in paragraph 1 (b) of the first paragraph is included in paragraph 1. and 3 effects have occurred.
1 To occurrences not related to a railway, where no other matter or person is involved in a case or person in use in the exercise of a function for the benefit of Our Minister of Defence or of a person foreign armed forces, or for the benefit of an organization whose management is dedicated to our Minister of Defence, are the Articles 3 to 5 , 8 , 9, first paragraph, parts a to k, and second member , and 10 to 23 Not applicable.
2 If, in the case of an occurrence as referred to in paragraph 1, another case or person is included in that paragraph, the person referred to in the first paragraph shall be the subject of a Articles 3 to 5 , 8 , 9, first paragraph, parts a to k, and second member , and 10 to 23 shall apply only to the extent that such other case or person is concerned.
3 The Articles 4 , 5 , 11a and 11b shall not apply to ship-based vessels, which shall involve only:
a. Ships, other than those referred to in the first paragraph, owned or operated by another State for a non-commercial public service;
b. Ships not mechanically propelled, wooden ships of simple construction and not used for trade pleasure yachts and pleasure craft, unless they are or will be operated for commercial purposes and used for transport More than 12 passengers;
c. Fishing vessels of a length of less than 15 metres.
4 The provisions of this Decision or by virtue of this Decision to the State of the operator shall apply only where:
(a) the aircraft concerned has been leased by, and chartered by, or the decision on it has been obtained by an exchange by a State which is not also the State in which the aircraft is registered; and
(b) that State, in whole or in part, fulfils the functions and obligations of the latter State, arising from Annex 13 to the Convention on International Civil Aviation established in Chicago on 7 December 1994.
1 The Council shall carry out an examination of aircraft cases, other than an air case, as referred to in Article 1 (2). Article 1, second paragraph , and serious aviation incidents, concerning:
a. an aircraft on or above the territory of the Netherlands including the territorial sea,
b. A Dutch aircraft above the high seas or
c. a Dutch aircraft abroad, if the State concerned does not investigate, if it leaves the investigation with the Dutch authorities or if it cannot be determined that the location of the incident is not within the territory is of a single state and it is not agreed with any other State that it carries out the investigation.
2 The Council may delegate, in whole or in part, the examination of an air accident or serious aviation incident to another State other than one of the Netherlands, if it considers it to be sufficiently expert. will carry out investigations and agree to the initiation of an investigation. Where the aviation case or a serious aviation incident has occurred on the territory of a Member State of the European Union, the investigation involving a Dutch aircraft may be transferred to another Member State.
1 The Council shall carry out an investigation into a very serious ship-ship case involving a sea-ship, if:
a. a Dutch sea ship in the accident is involved;
b. the accident occurs in the Dutch inland waterways or territorial sea, intended in Article 1, first paragraph, of the Dutch Territorial Seas Act ;
c. The Netherlands has a significant interest in that accident.
2 In a serious shipping case, the Board shall make a preliminary assessment to decide whether an investigation is being carried out. If, on the basis of the preliminary examination, the council decides not to conduct an investigation, the Council shall send it to the European Commission.
1 When the Board conducts research on a marine vessel case or incident involving a seagoing vessel, and where another State has a material interest, the Board shall carry out the investigation in cooperation with that State, unless it is does not cooperate with it.
2 When the Board is investigating a shipping case or incident involving a marine vessel, and which has taken place in waters under other than Dutch jurisdiction, the survey is conducted in cooperation with the till. The competent State or, if Aruba, Curaçao or Sint Maarten are competent in such waters, with Aruba, Curaçao or Sint Maarten, unless the other State, Aruba, Curaçao does not cooperate with the Netherlands To grant
3 In the case of cooperation with any other State, the Board shall, with the competent authority of the State or States with a material interest in charge of an investigation, submit to the Council. Until another state takes over the leadership, the council is responsible for the investigation and coordination with other states that have a material interest.
4 The examination of a shipping case involving an ro-ro ferry or high-speed passenger craft and for which the Board has a research obligation shall in any case be guided by the Board, until the Council has taken the appropriate action to ensure that the vessel has been a State or State investigating body having a material interest in taking over the charge of the investigation.
5 If the Board is in charge of an examination of a shipping case, cooperation with a research authority of a State other than a Member State of the European Union shall be possible only under the conditions laid down in Directive No 3. 2009 /18/EC of the European Parliament and of the Council of the European Union of 23 April 2009 establishing the basic principles for the investigation of accidents in the maritime transport sector and amending Council Directive 1999 /35/EC Directive 2002/59/EC of the European Parliament and of the Council (PbEU L 131).
6 If a research body of a State other than one of the Member States of the European Union is in charge of the investigation of a shipping case, cooperation by the Board with that body of research shall be possible only when it is examined by the Council of Ministers. research is carried out in accordance with the rules set out in the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident as established by Resolution MSC.255 (84) of the International Maritime Organisation dated 16 May 2008.
1 The Council shall investigate aviation accidents and serious aviation incidents involving aircraft in use in a military force of two or more States, affiliated to the North Atlantic Treaty Organisation; on or above the territory of the Netherlands, including the territorial sea, and ships in use with our Minister of Defence.
2 The Board shall transfer the examination referred to in paragraph 1 to the State in which the aircraft is in use, if it so wishes, unless there are reasons for not doing so.
3 If an aircraft is engaged in use in a State other than the State which owns it, the latter may, for the purposes of the second paragraph, be designated as State in which the aircraft is in use.
1 In the event of an investigation by the Council of an event involving the material, personnel or provisions of a military force of one of the other States, affiliated to the North Atlantic Treaty Organisation, the Council shall enter into consultations with the Foreign Investigation Body. The Council shall, in consultation with that body, determine how the investigation of the occurrence is to be established. In this investigation, the Board shall, within the framework of the state law, take into account the rules applicable to this investigation under the North Atlantic Treaty Organisation provided that they are accepted by the Netherlands.
2 The Council may also, in agreement with the State concerned, apply the procedure and rules referred to in paragraph 1 with regard to the examination of an event involving a armed forces of a State which is not affiliated to the North Atlantic Treaty Organisation.
1 The Council shall, without delay, examine a major accident as referred to in Directive No 96 /82/EC of the Council of the European Union of 9 December 1996 on the control of major-accident hazards involving dangerous substances (PbEG L 010).
2 The Council is not required to carry out a study referred to in paragraph 1 if one of the exclusions mentioned in Article 4 of the Directive referred to in paragraph 1 is applicable.
1 The Council shall, without delay, examine a serious accident in the context of a railway.
2 If it cannot be determined whether an accident as referred to in paragraph 1 has taken place in the Netherlands or another country, or if it has occurred at or near a border installation of the Netherlands and another country, between the The Council and the competent body of research in the other country have concluded agreements to which the investigation is to be carried out, or it is agreed that joint research will be carried out. In case the examination is carried out by the Board, the body in the other country shall be invited to take part in the examination and shall be fully informed of the results of the investigation.
In case of a decision as referred to in Article 41, first paragraph, of the Law on State law , as regards the initiation of an investigation into an accident or incident involving a railway, other than a serious railway accident, the Board shall take into account:
a. the severity of the accident or incident,
b. the question of whether the accident or incident is part of a series of accidents or incidents of interest to the system as a whole;
c. the consequences of the accident or incident to safety on the track in the European Union; and
d. Requests from Infrastructure Managers, Railway Undertakings, the Netherlands Railway Safety Authority or other Member States.
1 To report to the Board of Events specified in Article 28, first paragraph, of the Law on State Law , have been kept:
a. in the case of an aeronautical or major aviation incident on or above Dutch territory including the territorial sea: the commander and the operator of an aircraft involved in the accident or serious accident; aviation incident, and the air traffic service concerned;
b. in the case of an air accident or serious aviation incident at or near a aerodrome situated in the Netherlands: in addition to the persons mentioned in point (a), the port master concerned;
c. in the case of an aviation case or a serious aviation incident involving a Dutch aircraft over the high seas or abroad, the commander and the operator of the aircraft;
d. in the case of a shipping vessel case or a shipping incident that meets the criteria, mentioned in Article 4 (1), first paragraph, points (a) to (c) : the master and the operator of a ship involved in the accident and, to that effect, by the competent authority specified in the Maritime Traffic Act, appointed persons to the relevant shipping escort service if that accident took place in European waters;
e. in the case of a shipping vessel with ships other than sea-going vessels in European waters under the jurisdiction of the Netherlands: the master and the operator of the ship;
f. in the case of an occurrence related to a railway or other rail road in the Netherlands: the operator of a rail vehicle involved in the incident, the Dutch railway safety authority, the traffic control operation concerned, and the relevant vehicle manager of the involved railroad or similar conductor;
g. in the case of an occurrence related to a pipe pipe in the Netherlands: the operator of a tube pipe involved in the accident;
h. in the event of occurrence of an occurrence Article 47 of the Transport Dangerous Substances Act : Our Minister of Transport and Water State to the extent that the events have been reported to him;
i. in the event of occurrence of an occurrence Article 6.60 of the Aviation Act : Our Minister of Transport and Water State to the extent that the events have been reported to him;
j. in the event of a major accident as intended as intended Directive No 96 /82/EC of the Council of the European Union of 9 December 1996 on the control of major-accident hazards involving dangerous substances (PbEG L 010): the operator of the establishment as provided for in the Directive;
k. in the case of an aviation case or a serious aviation incident as intended in Article 6, first paragraph Our Minister of Defence.
2 In case international treaties or arrangements require our Minister to report an incident to another State, the Commission of the European Communities or an international organisation, the Board shall give the received It was mentioned by our Minister, who is responsible for it.
1 In case of a decision of the council as referred to in Article 41, first paragraph, of the Law on State law , in order to investigate a vessel or incident, the Board shall take into account:
a. the severity of the accident or incident;
b. the type of vessel or cargo involved in the accident or incident; and
c. the possibility that the investigation will contribute to the prevention of future ship-ship and incident cases.
2 The Council shall initiate the investigation into a ship vessel case or incident as soon as possible, and in any event within two months, after the accident or incident occurred.
1 The data collected or obtained during the investigation shall be effectively used and properly analysed.
2 In the case of an investigation of a vessel's case, the findings of the investigation shall be published as soon as possible after the investigation has been completed.
The ministerial arrangement lays down rules on the forwarding of the report in concept to other States, Aruba, Curaçao and Sint Maarten for comment and on the time limit to be made for commenting.
The Council shall carry out the investigation of a ship's case involving a sea vessel in accordance with the methodology referred to in Article 2 (e) of Regulation (EC) No 1682/8. 1406/2002 of the European Parliament and of the Council of the European Union of 27 June 2002 establishing a European Maritime Safety Agency (PbEG L 208). Derogation from this methodology is possible to the extent that the researcher considers this necessary for the achievement of the research objectives.
In the case of an investigation of a shipping case involving a seagoing vessel, matters which are not explicitly regulated in the state law and the provisions based thereon shall be the Code of the International Standards and Recommended Conditions. Practices for a Safety Investigation into a Marine Casualty or Marine Incident as established by Resolution MSC.255 (84) of the International Maritime Organisation dated 16 May 2008.
The relevant provisions of the IMO Guidelines on the fair treatment of seamen shall be taken into account in the examination of a shipping case, a serious ship-ship case, or a very serious shipboard ship. accidents at sea, as referred to in Article 3, fourth paragraph, of Directive 2009 /18/EC of the European Parliament and of the Council of the European Union of 23 April 2009 establishing the basic principles for the investigation of accidents in the maritime transport sector and amending the Directive 1999 /35/EC of the Council and Directive 2002 /59/EC of the European Parliament and of the Council (PbEU L 131).
1 If, following an investigation of an occurrence in connection with a railway, the Board makes a recommendation to the Dutch Railway Safety Authority, and, if the nature of the recommendation requires, to other Administrative bodies or other Member States.
2 The Netherlands Railway Safety Authority and the other administrative bodies referred to in paragraph 1 as well as other Member States to which the recommendations are addressed shall, at least once a year, let the Council know what measures they are taking as a result of action. have taken or will have taken the recommendation.
If, in an aviation case, a request is made by the State of registration, the State of the operator, the State of design, or the State of manufacture, to the aircraft, its contents or any other evidence the Council shall take all necessary measures to address it, pending the examination by a representative of the requesting State, to the extent that this request is reasonably practicable and compatible with the correct implementation of the request. the aircraft may be moved in order to ensure that there are persons, to remove animals, mail and valuables, to prevent destruction by fire or other causes, or to prevent danger or nuisance to aviation, other transport or human beings, and not to employ excessive delay in the weather the aircraft has the effect of its operation.
Ministerial arrangements shall lay down rules on the transmission of the report to a foreign State, the Commission of the European Communities, the European Railway Agency, as set out in Article 1 of Regulation (EC) No 61/12 of the EC Treaty. No Of the European Parliament and of the Council of Europe of 29 April 2004 establishing a European Railway Agency (Agency Regulation) Or an international organization.
1 Where an aeronautical or serious aviation incident is in place outside the Netherlands, including territorial waters, as regards a Dutch aircraft or an aircraft of which the operator is established in the Netherlands or the Netherlands of which is the Netherlands The state of design or manufacture is, gives our Minister of Transport and Water State as soon as possible to the state of the event all relevant information about the aircraft concerned and its crew.
2 In the case referred to in paragraph 1, Our Minister of Transport shall also inform the State of the incident of whether the Netherlands designates a representative. If the Netherlands does so, the Minister shall also give the name of the representative, details how it can be contacted, as well as the expected date of arrival of the representative.
If an aviation accident or serious aviation incident outside the Netherlands, including territorial waters, is an aircraft of which the operator is established in the Netherlands, our Minister for Transport and Water State shall so soon possible, using the most appropriate and quickest means available, the state of the occurrence and the record of recording details of hazardous substances on board the aircraft.
1 If an aeronautical or serious aviation incident investigation with a reference other than a Dutch aircraft, the operator of which is established in the Netherlands or of which the Netherlands is the State of design or manufacture, is investigated: set by the State of Registry, our Minister for Transport and Water State, on request of this State, shall give all relevant information concerning the aircraft concerned and its crew.
2 In the case referred to in paragraph 1, Our Minister of Transport and Water State shall inform the State of registry, including the Netherlands or the Netherlands, of a representative. If the Netherlands does so, the Minister shall also give the name of the representative, details how it can be contacted, as well as the expected date of arrival of the representative.
If the State carrying out an investigation on an aviation case involving an aircraft with a take-off mass of more than 2250 kg registered in the Netherlands, of which the operator resides in the Netherlands or of which the Netherlands is the State of design or manufacture, requests to take part in the Netherlands, our Minister for Transport and Water State shall appoint a representative of the investigation.
In the case of ministerial arrangements, rules may be laid down concerning the designation by our Minister of Transport and the State of the State of Representatives as intended for the purpose of the Article 14, second paragraph , 16, second paragraph , and 17 .
1 The Council may take part in a study outside the Netherlands, which is set up by another State, to the extent that it authorises it.
If the Council participates in an inquiry in accordance with the first paragraph, it shall inform our Minister in advance of the matter.
3 Our Minister of Transport and Water State may instruct the Board to take part in an examination of an aviation case or serious aviation incident in another state.
4 Our Minister of Transport and Water State may instruct the council to take part in an investigation which will be initiated by another state into an incident involving a Dutch seagoing vessel.
At the request of the State conducting an aeronautical or aviation incident investigation, our Minister of Transport and Water State shall provide all relevant information that he has available.
1 If prior to an aeronautical or aviation incident use is made or normally would have to be made of facilities or services in the Netherlands and Our Minister of Transport and Water State has information that is material in the case of the investigation, he shall provide it to the State which carries out the investigation.
2 If an investigation concerns an aeronautical or aviation incident with an aircraft registered in the Netherlands or of which the operator is established in the Netherlands, Our Minister for Transport and Water State shall, at the request of the State, which carries out the investigation, the essential information available to him, of any organisation whose activities may have been directly or indirectly affected by the flight of the aeroplane.
1 In the case of an aeronautical or serious aviation incident involving a Dutch aircraft or an aircraft of which the operator is located in the Netherlands, and the aircraft lands in a State other than the one in which the accident or accident occurred; the incident has occurred, provides our Minister of Transport and Water State, at the request of the State conducting the investigation, to this State of the recordings of the flight recorder and, if necessary, of the connected flight recorders.
2 In the case of an accident involving a Dutch sea ship at sea, under the jurisdiction of another Member State of the European Union, and that other Member State to investigate the accident, our Minister for Transport and The data collected by the voyage data recorder shall be at the disposal of that other Member State.
1 At the request of any other Member State of the European Union or of any of the other States party to the Agreement on the European Economic Area which is investigating an aviation case, a major aviation incident or a An aviation incident, our Minister for Transport and Water, can contribute to the council, within the limits of its possibilities, to provide assistance free of charge.
2 In the event that an aviation case has taken place in the high seas in the vicinity of the Netherlands, our Minister for Transport and Water State shall give all possible assistance to the State which carries out the investigation.
3 At the request of Aruba, Curaçao or Sint Maarten, Our Minister of Transport and Water State can contribute to the council, within the limits of its possibilities, to provide assistance to a research carried out by the authorities of one of these countries on a shipping tonnage.
1 In order to promote coordination and consultation, the Council and the public prosecutor ' s office in the Netherlands, within half a year of the entry into force of the state law, make arrangements for cooperation and information exchange in cases where both the (b) An investigation into an occurrence of the same event shall be investigated with a view to the imposition of a criminal sanction. The agreements need the approval of our Minister and our Minister of Justice.
2 The arrangements for cooperation and the exchange of information shall be laid down in a cooperation protocol and shall include in any case:
a. method of exchange of information on simultaneous ongoing investigations;
b. how to deal with objects and documents of interest to the investigations, the hearing of persons and considered necessary sections;
(c) to make available mutually to the cases which are relevant to the investigations and the return of those cases;
d. the cases in which and the manner in which the work is carried out in respect of investigations of objects;
e. the standard procedure used in cases where an occurrence is actually occurring and the manner in which disputes are settled.
If, in a specific case, both the Council and the Council investigate an incident involving the imposition of a criminal sanction, the Council and the prosecutor in the Netherlands shall, subject to the conditions laid down in Article 22 (2), be given the right to of the Cooperation Protocol, consultations on the establishment of both investigations. In each case, agreements shall be agreed on the content of the research to be carried out, the planning of such investigations in time, the seizure of cases and the establishment of a periodic reconciliation consultation procedure. during both studies. The Council and the Public Prosecutor ' s Office in the Netherlands may arrange to be represented at the consultations by persons responsible for investigating the actual management of the investigations.
In order to promote coordination and consultation, the Council and our Minister, who will deal with it within six months of the date of entry into force of the law, agree on cooperation and exchange of information in cases where both the Council and the Council are responsible for the to investigate an occurrence if the imposition of an administrative penalty is also considered. Article 24, second and third paragraphs , shall apply mutatis mutandis.
1 Subject to the provisions of paragraph 2, this Decision shall enter into force on the Article 97, first paragraph, first sentence, of the state law Specified time.
2 Regarding the investigation of accidents and incidents involving a seagoing vessel, other than a warship, naval auxiliary ship or other ship in use for the execution of the military task, this decision shall enter into force on a Royal Royal Decree. decision to be determined.
This Decision is cited as: Decision of the Research Council for Safety.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 10 December 2004
Beatrix
The Minister of Home Affairs and Kingdom Relations,
J. W. Remkes
Issued the 23rd December 2004The Minister of Justice,
J. P. H. Donner
