Article 1The common methodology for investigating marine casualties and incidents as...
Article 2This Regulation shall enter into force on the twentieth day...
ANNEX COMMON METHODOLOGY FOR INVESTIGATING MARINE CASUALTIES AND INCIDENTS
A.PURPOSE, SCOPE AND APPLICATION B.CONTENT 1.Operational readiness 1.1.Each investigative body shall plan in advance in order to...1.2.Arrangements shall be put in place to ensure prompt receipt...2.Initial assessment and response 2.1.On being notified, the investigative bodies shall assess the situation....2.2.This assessment shall include, as far as possible, an understanding...2.3.After a decision is taken to investigate a serious casualty...3.Strategy and evidence collection 3.1.The investigative body of the lead investigating Member State, in...3.2.The investigative body shall keep the plan under review during...3.3.The scope of a safety investigation and the procedure to...3.4.Investigative bodies of substantially interested Member States shall provide support...3.5.The lead investigative body shall nominate an investigator to carry...3.6.During the initial stage of every investigation, investigators shall collect...3.7.In addition to that gained during the initial notification stage,...3.8.Where appropriate, the investigative body shall query databases, including that...3.9.In principle, investigators shall, if feasible visit the casualty and/or...3.10.Where a VDR is fitted, the investigators shall make every...3.11.Interviews shall be conducted with all available witnesses considered by...3.12.Information shall be verified whenever possible. Statements made by different...3.13.Human factors form an integral part of most investigations, and...3.14.If need be, the investigative body will have to secure...3.15.If they appear to be relevant to the occurrence as...3.16.While gathering evidence, the investigative bodies shall try to identify...4.Analysis 4.1.Having collected evidence and related additional data, the investigative body...4.2.Proper identification of causal factors requires timely and methodical investigation,...4.3.If a gap of information cannot be resolved and is...5.Safety recommendations 5.1.Any safety recommendations shall be based on the analysis. They...5.2.They may be based on safety investigations, or on research...5.3.Where a causal or contributing factor is considered so serious...5.4.To facilitate as much as possible acceptance and implementation by...6.Reports 6.1.The investigative body of the lead investigating Member State shall...6.2.Where practicable, the draft report, or appropriate parts thereof, shall...7.Follow-up

Commission Regulation (EU) No 1286/2011

of 9 December 2011

adopting a common methodology for investigating marine casualties and incidents developed pursuant to Article 5(4) of Directive 2009/18/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council1, and in particular Article 5(4) thereof,

Whereas:

(1)

Directive 2009/18/EC requires the Commission to adopt a common methodology for investigating marine casualties and incidents to be followed by investigative bodies when carrying out safety investigations.

(2)

The common methodology for investigating marine casualties and incidents should provide for common standards applicable in principle to all investigations carried out in accordance with Directive 2009/18/EC in order to achieve a high level quality investigation.

(3)

The general rules as provided for by the common methodology should be directly used by the investigative bodies of the Member States.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships2,

HAS ADOPTED THIS REGULATION: