Operating companies and flag States
5.—(1) The Maritime and Coastguard Agency shall ensure that the following verifications are carried out in relation to each company operating or intending to operate vessels to which these Regulations apply:
(a)a check whether the company is taking the necessary measures to ensure that the specific requirements laid down in Annex I of the Directive are applied,
(b)a check whether the company has provided evidence of its compliance with sub-paragraph (a) above, and
(c)a check whether the company has agreed in advance that the Secretary of State and any substantially interested Member State or EEA State may conduct, participate fully in or co-operate with any investigation of a marine casualty or incident in accordance with article 12 of the Directive, and whether the company will give them access to the information retrieved from the voyage data recorder of their vessel involved in such a casualty or incident.
(2) The Maritime and Coastguard Agency shall check for a vessel flying a flag other than that of a Member State or an EEA State whether that flag State concurs that it has accepted the company’s commitment to meet the requirements of the Directive.
(3) The Maritime and Coastguard Agency shall ensure that a company operating a vessel on a regular service to or from a port in the United Kingdom is able to maintain and implement an integrated system of contingency planning for shipboard emergencies, using the framework provided on Guidelines for a Structure of an Integrated System of Contingency adopted by the International Maritime Organisation by means of Resolution A.852(20) of 27 November 1997.