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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 Council (Text with EEA relevance)
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This is the original version (as it was originally adopted).
This identifies the sole objective of the safety investigation and indicates that a safety recommendation shall in no case create a presumption of liability or blame and that the report has not been written, in terms of content and style, with the intention of it being used in legal proceedings.
(The report should make no reference to witness evidence nor link anyone who is referred to in the report to a person who has given evidence during the course of the safety investigation.)
This part outlines the basic facts of the marine casualty or incident: what happened, when, where and how it happened; it also states whether any deaths, injuries, damage to the ship, cargo, third parties or environment occurred as a result.
This part includes a number of discrete sections, providing sufficient information that the investigating body interprets to be factual, substantiate the analysis and ease understanding.
These sections include, in particular, the following information:
Flag/register,
Identification,
Main characteristics,
Ownership and management,
Construction details,
Minimum safe manning,
Authorised cargo.
Ports of call,
Type of voyage,
Cargo information,
Manning.
Type of marine casualty or incident,
Date and time,
Position and location of the marine casualty or incident,
External and internal environment,
Ship operation and voyage segment,
Place on board,
Human factors data,
Consequences (for people, ship, cargo, environment, other).
Who was involved,
Means used,
Speed of response,
Actions taken,
Results achieved.
This part reconstructs the marine casualty or incident through a sequence of events, in a chronological order leading up to, during and following the marine casualty or incident and the involvement of each actor (i.e. person, material, environment, equipment or external agent). The period covered by the narrative depends on the timing of those particular accidental events that directly contributed to the marine casualty or incident. This part also includes any relevant details of the safety investigation conducted, including the results of examinations or tests.
This part includes a number of discrete sections, providing an analysis of each accidental event, with comments relating to the results of any relevant examinations or tests conducted during the course of the safety investigation and to any safety action that might already have been taken to prevent marine casualties.
These sections should cover issues such as:
accidental event context and environment,
human erroneous actions and omissions, events involving hazardous material, environmental effects, equipment failures, and external influences,
contributing factors involving person-related functions, shipboard operations, shore management or regulatory influence.
The analysis and comment enable the report to reach logical conclusions, establishing all of the contributing factors, including those with risks for which existing defences aimed at preventing an accidental event, and/or those aimed at eliminating or reducing its consequences, are assessed to be either inadequate or missing.
This part consolidates the established contributing factors and missing or inadequate defences (material, functional, symbolic or procedural) for which safety actions should be developed to prevent marine casualties.
When appropriate, this part of the report contains safety recommendations derived from the analysis and conclusions and related to particular subject areas, such as legislation, design, procedures, inspection, management, health and safety at work, training, repair work, maintenance, shore assistance and emergency response.
The safety recommendations are addressed to those that are best placed to implement them, such as ship owners, managers, recognised organisations, maritime authorities, vessel traffic services, emergency bodies, international maritime organisations and European institutions, with the aim of preventing marine casualties.
This part also includes any interim safety recommendations that may have been made or any safety actions taken during the course of the safety investigation.
When appropriate, the following non-exhaustive list of information is attached to the report in paper and/or electronic form:
photographs, moving images, audio recordings, charts, drawings,
applicable standards,
technical terms and abbreviations used,
special safety studies,
miscellaneous information.
Member Sate responsible/contact person
Member Sate investigator
Member State role
Coastal state affected
Number of substantially interested States
Substantially interested States
Notification entity
Time of the notification
Date of the notification
Name of the ship
IMO number/distinctive letters
Ship flag
Type of marine casualty or incident
Type of ship
Date of the marine casualty or incident
Time of the marine casualty or incident
Position – Latitude
Position – Longitude
Location of the marine casualty or incident
Port of departure
Port of destination
Traffic separation scheme
Voyage segment
Ship operation
Place on board
Lives lost:
Crew
Passengers
Other
Serious injuries:
Crew
Passengers
Other
Pollution
Ship damage
Cargo damage
Other damage
Brief description of the marine casualty or incident
Brief description of the reasons not to undertake a safety investigation.
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Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
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