Investigation) Regulations, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,776, 12 ta’ Lulju, 2011

L.N. 275 of 2011

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Accident and Incident Safety

Investigation) Regulations, 2011

IN exercise of the powers conferred by article 374 of the

Merchant Shipping Act, the Minister for Infrastructure, Transport

and Communications, has made the following regulations -

(1) The title of these regulations is the Merchant

Shipping (Accident and Incident Safety Investigation) Regulations,

2011. (2) These regulations shall be deemed to have come

into force on the 17th June, 2011.

(3) These regulations adopt the measures contained

in 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, and

IMO Code of the International Standards and Recommended

Practices for a Safety Investigation into a Marine Casualty or

Marine Incident.

(1)

In these regulations, unless the context otherwise

requires -

“the Act” means the Merchant Shipping Act;

“accident site” means any of the following sites

associated with a marine accident

(a) a site containing the ship or any of its

wreckage;

(b) a site where there is an impact point

associated with the marine accident;

(c) if the marine accident involved the destruction

or serious damage to property (other than the ship) – a

site containing that property or any of its wreckage,

together with such area around the site as the head of

marine safety investigation determines to be reasonably

necessary to facilitate the safety investigation of the

marine accident and securing the site;

“the Authority” means the Authority for Transport in

Malta, established by article 5 of the Authority for Transport

in Malta Act;

“common methodology” means the common

methodology as referred to in Directive 2009/18/EC;

“Court” in the case of judicial proceedings or an

application for disclosure made in Malta means a Court of

Civil or Criminal jurisdiction and includes the court of survey

established by article 326 of the Act;

“Directive 1995/46/EC” means the Directive of the

European Parliament and of the Council of 24 October 1995,

on the protection of individuals with regard to the processing

of personal data and on the free movement of such data, in its

up to date version;

“Directive 2009/18/EC” means the Directive 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 Directives 1999/35/EC and 2002/59/EC, in its up

to date version;

“EMCIP” means the European Maritime Casualty

Information Platform which is the European Union’s central

database for marine accidents and incidents, which stores

information on accidents and incidents involving ships and

occupational accidents;

“evidential material” means anything that may be

relevant to a marine safety investigation;

“GISIS” means the Global Integrated Shipping

Information System which is the International Maritime

Organization’s central database, which stores information on,

inter alia, accidents and incidents involving ships;

“head of marine safety investigation” means the head of

marine safety investigation of the Marine Safety Investigation

Unit appointed by the Authority in concurrence with the

Minister in accordance with regulation 5 of these regulations;

“high-speed passenger craft” shall have the same

meaning as assigned to it by the Merchant Shipping (Safe

Operation of Regular Ro-Ro Ferry and High-Speed Passenger

Craft Services) Regulations, 2003;

“IMO” means the International Maritime Organization;

“IMO Code” means the IMO Code on the International

Standards and Recommended Practices for a Safety

Investigation into a Marine Casualty or Marine Incident, in its

up-to-date version;

“Maltese waters” shall have the same meaning as

assigned to it in the Territorial Waters and Contiguous Zone

Act;

“marine safety investigation” means an investigation

into a marine accident or incident, conducted by virtue of

these regulations and in such manner and approach that it

complies with the general provisions and mandatory standards

of the IMO Code and the fundamental principles in Directive

2009/18/EC;

“marine safety investigation Authority” in relation to

Malta means the Marine Safety Investigation Unit established

in terms of these regulations and in relation to any other State

means the Authority maintained by that State responsible for

the conduct of marine safety investigations in accordance

with the IMO Code or Directive 2009/18/EC;

“master” shall have the same meaning assigned to it by

the Act;

“Member State” means a member of the European

Union or the European Economic Area (EEA) States;

“Minister” shall have the same meaning as assigned to it

by the Act;

“owner” shall include any person other than the owner,

who manages a ship;

“permanent cooperation framework” means the

permanent cooperation framework as referred to in Directive

2009/18/EC;

“port in Malta” shall have the same meaning as “port” as

assigned to it by the Authority for Transport in Malta Act;

“Registrar-General” shall have the same meaning as

assigned to it by the Act;

“ro-ro ferry” has the same meaning as assigned to it by

the Merchant Shipping (Safe Operation of Regular Ro-Ro

Ferry and High-Speed Passenger Craft Services) Regulations,

2003;

“safety investigator” means a person duly authorised by

the marine safety investigation Authority to carry out marine

safety investigations, and responsible to that Authority;

“serious casualty” means a marine accident which does

not qualify as a “very serious casualty” and which involves a

fire, explosion, collision, grounding, contact, heavy weather

damage, ice damage, hull cracking, or suspected hull defect,

etc., resulting in

(a) immobilization of main engines, extensive

accommodation damage, severe structural damage, such

as penetration of the hull under water, etc., rendering

the ship in a condition, which does not correspond

substantially with the applicable conventions, presenting

a danger to the ship and the persons on board or an

unreasonable threat of harm to the marine environment,

or;

(b)

pollution (regardless of quantity), and/or;

(c) a breakdown necessitating towage or shore

assistance;

“ship” shall have the same meaning as assigned to it by

the Act but does not include

(a) ships of war and troop ships and other ships

owned or operated by the Government of Malta and used

only on Government non-commercial service;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure yachts and pleasure crafts not

engaged in trade, unless they are or will be crewed

and carrying more than 12 passengers for commercial

purposes;

(e)

fishing vessels with a length of less than 15

metres;

(f) fixed offshore drilling units;

“very serious casualty” means a marine accident

involving the total loss of the ship or a death or severe

damage to the environment;

Unless otherwise defined in these regulations or unless

the context otherwise requires, words and expressions used

in these regulations shall have the same meaning assigned to

them in the IMO Code and Directive 2009/18/EC.

These regulations shall apply to marine accidents and

incidents involving or occurring on board Maltese ships, wherever

they may be, and to foreign flagged ships when in Maltese waters

or when Malta has other substantial interests.

Provided that regulation 6 of these regulations, shall

only apply to foreign flagged ships when in Maltese waters.

(1) The sole objective of marine safety investigations Objective of marine

carried out in accordance with these regulations including the safety investigations.

analysis, conclusions, and recommendations, which either result

from them or are part of the process thereof, shall be the prevention

of future marine accidents and incidents through the ascertainment

of causes, contributing factors and circumstances.

(2) It shall not be the purpose of marine safety

investigations carried in accordance with these regulations to

apportion blame or determine civil and criminal liabilities.

(3) The objective of marine safety investigations as

prescribed in paragraph (1) hereof shall not preclude the Marine

Safety Investigation Unit from carrying out other activities beyond

marine safety investigations.

Provided that such activities shall not affect the

independence of the Marine Safety Investigation Unit or entail

responsibility in regulatory, administrative or standardisation

matters.

(1) For the purpose of carrying out marine safety

investigations into marine accidents and incidents to which these

regulations apply in an effective and rapid manner, the Authority

shall appoint safety investigators, one of whom shall be appointed

by the Authority in concurrence with the Minister, as head of

marine safety investigation.

(2) The head of marine safety investigation and the

safety investigators appointed in terms of paragraph (1) hereof

shall form part of the Marine Safety Investigation Unit.

(3) The Marine Safety Investigation Unit shall for all

intents and purposes of these regulations be a permanent safety

investigation body with the mandate to carry out marine safety

investigations. It shall be independent in its organisation and

decision-making of any Directorate, department or unit within

the Authority and any other party whose interests could conflict

with the task entrusted to it. To ensure that the head of marine

safety investigation is not delayed or prevented from reaching the

objective of marine safety investigations as prescribed in these

regulations, it is provided that

(a) in respect of any matter falling within the functions

of the Marine Safety Investigation Unit and the powers

delegated to the head of marine safety investigation, the legal

and judicial representation of the Marine Safety Investigation

Unit shall also vest in such person; and

(b) the Marine Safety Investigation Unit shall be

enabled to respond immediately on being notified at any

time of a marine accident or incident and to obtain sufficient

resources to carry out its functions independently.

(4) The head of marine safety investigation may

arrange for any of the powers conferred on him by these

regulations, to be delegated to the safety investigators or the

persons appointed under regulation 10(4) of these regulations.

Provided that when delegating such functions it must be

ensured that the person so appointed has a working knowledge and

practical experience of the subject matter under investigation and is

able to use the delegated powers to achieve the objective of marine

safety investigations and adhere to the criteria prescribed by these

regulations.

(5) Safety investigators shall carry out their duties

under the direction of the head of marine safety investigation and

in accordance with his instructions.

(6) Notwithstanding any Act of Parliament, no entity

other than the Marine Safety Investigation Unit established in terms

of these regulations may commence a safety investigation into a

marine accident and incident in accordance with these regulations.

(1) When a marine accident and incident occur, Duty to report

the owner or operator of the ship or her master shall as soon as marine

practicable and by the quickest available means, inform the Marine

Safety Investigation Unit of the occurrence.

Provided that when a report has already been submitted

to the Minister in terms of article 307 of the Act, no further reports

need to be submitted.

(2) In addition to any report made under paragraph (1)

hereof, the Authority, through any one officer, shall report to the

Marine Safety Investigation Unit any marine accident or incident

of which the Authority is aware, as soon as is practicable and by

the quickest means available.

(1) The head of marine safety investigation may cause

any marine accident or incident to be investigated. Without

prejudice to paragraphs (2), (3) and (4) hereof, the discretion and

extent not to exercise this authority shall solely remain with the

head of marine safety investigation. In exercising his authority,

the head of marine safety investigation shall ensure that a marine

safety investigation shall not prejudice the conduct of inquires and

investigations to shipping casualties under Part VII of the Act. In

reaching his decision, the head of marine safety investigation shall

also take into consideration co-operation with other States referred

to in regulation 11 of these regulations.

Provided that when a marine accident or incident

involving a ro-ro ferry or high-speed passenger craft, to which

these regulations apply occurs, the head of marine safety

investigation shall order a marine safety investigation when

(a) the marine accident or incident occurs in Maltese

waters or,

(b) the marine accident or incident occurs in waters

where Member States have no jurisdiction and the last port

visited by the ro-ro ferry or high-speed passenger craft

involved was a port in Malta.

(2) Where a report of an occurrence has been received

in accordance with regulation 6 of these regulations, the head

of marine safety investigation shall undertake a marine safety

investigation once it is confirmed that the reported occurrence is a

very serious casualty.

(3) Where a report of an occurrence has been received

in accordance with regulation 6 of these regulations and it is

confirmed that the reported occurrence is a serious casualty, the

head of marine safety investigation shall carry out a preliminary

assessment and decide thereupon whether or not to undertake a

marine safety investigation.

Provided that in his deliberations to reach such

decision, the head of marine safety investigation shall take into

consideration

(a) the potential impact of that investigation on other

marine safety investigations in progress;

(b) whether the marine accident forms part of a series

of marine accidents or incidents;

(c)

type of vessel or cargo involved;

(d) the potential of the findings of that marine safety

investigation to lead to the prevention of future marine

accidents and incidents;

(e) any circulars, clarifications, codes, decisions,

directives, guidelines, instruments, interpretations,

publications, recommendations, regulations, resolutions,

rules or any similar medium of IMO or any other body or

organisation with an appropriate knowledge or competence

on the subject matter.

Provided further that when the head of marine safety

investigation decides not to undertake a marine safety

investigation as a result of that preliminary assessment,

the reasons for that decision shall be recorded and notified

through EMCIP.

(4) When the head of marine safety investigation is

notified of an occurrence, which is determined to be an occurrence

other than a very serious and serious marine casualty, he shall have

the power to decide whether or not a marine safety investigation is

to be undertaken, taking into consideration subregulation (3)(a) to

(3)(e) hereof.

(5) When the head of marine safety investigation

decides to undertake a marine safety investigation, that

investigation shall be started as promptly as is practicable after the

marine accident or incident and, in any event, no later than two

months after its occurrence.

(6) Prior to deciding whether a marine safety

investigation should be carried out and if so, the form it should

take, the head of marine safety investigation may cause information

to be obtained as he considers necessary concerning the marine

accident or incident and any remedial action taken as a result.

Any person mentioned in regulation 6 of these

regulations, as well as any other person who is in possession of

such information and has been requested to do so by a safety

investigator, shall provide such information to the best of his ability

or knowledge.

(7) The Minister may require the head of marine safety

investigation to investigate any marine accident or incident, or to

expand the scope of the marine safety investigation to include any

further consequences of a marine accident, such as

(a)

salvage and pollution aspects; or

(b) the conduct of search and rescue operations, and

in such circumstances the head of marine safety investigation

may conduct an investigation into the further consequences

or causal factors of a marine accident, which may be separate

and distinct from the investigation into the initial marine

accident.

(1) The head of marine safety investigation may cause

any investigation to be re-opened if, following its completion, in

his opinion new and important evidential material is discovered

which could have a material effect on any safety recommendations

made.

(2) Any investigation may be re-opened either in

whole or as to any part of it and a re-opened investigation shall be

subject to and conducted in accordance with the provisions of these

regulations.

Provided that notwithstanding a decision by the head of

marine safety investigation under regulations 7(3) and 7(4) of these

regulations not to investigate, he may at any subsequent time cause

an investigation to be carried out if he is then satisfied there is good

reason in the interest of future maritime safety and environmental

protection to do so.

(1) Following a marine accident involving a Maltese

ship which is reportable in accordance with regulation 6 of these

regulations, the owner or operator of the ship or her master shall so

far as is practicable ensure that all

(a) charts;

(b) log books;

(c) electronic and magnetic recordings and video tapes,

including information from a VDR, S-VDR or any other

recording system relating to the period preceding, during

and after the marine accident and take the necessary steps, to

prevent such information from being overwritten; and

(d) documents, equipment or other records which

might reasonably be considered as evidential material and

therefore pertinent to the accident,

are kept and that no alteration is made to any recordings or

entries in them.

Provided that following a marine incident involving a

Maltese ship, the owner or operator of the ship or her master

shall comply with the requirements of this paragraph if

requested to do so by the head of marine safety investigation.

(2) The duty under paragraph (1) hereof to ensure that

documents, information or records are kept and not altered, shall

continue until a notification is received from the head of marine

safety investigation that no investigation is to take place or that the

investigation is completed.

(3) Following a marine accident or incident in

Maltese waters involving a ship which is not a Maltese ship, the

owner or operator of the ship or her master shall comply with the

requirements of paragraph (1) hereof, if requested to do so by the

head of marine safety investigation.

(4) Pending a marine safety investigation into a

reported occurrence in Maltese waters and with due regard to the

requirements of regulation 7(1) of these regulations, no person

other than the head of marine safety investigation may access

freely an accident site or interfere with any ship, appliances or

other equipment involved in a marine accident or incident without

the prior written consent of the head of marine safety investigation.

This paragraph, however, shall not apply to the

Registrar-General, the Harbour Master, Executive Police, Civil

Protection officials, Health Services, and judicial authorities.

(5) Following a marine accident or incident, the head

of marine safety investigation may, if he considers it reasonably

necessary for the collection or preservation of evidential material,

require the owner or operator of the ship or her master, to ensure

that a ship is accessible to the Marine Safety Investigation Unit,

until the process of collecting or preserving the evidential material

has been completed to its satisfaction.

Provided that when exercising the authority to detain a

ship under this paragraph, the head of marine safety investigation

shall do so in consultation with the Registrar-General.

(6) The head of marine safety investigation shall

not unduly delay the departure of a ship for the collection or

preservation, as the case may be, of evidential material including

evidential material mentioned in paragraph (1) hereof.

(7) The detention order under paragraph (5) hereof

may include a direction that a ship shall remain in a particular

place, or shall move to a particular anchorage or berth, and may

also specify circumstances when the master of the ship may

move his ship from a specified place for reasons of safety or

prevention of pollution. When issuing such directions, the head

of marine safety investigation is to be consulted in order to ensure

that evidential material mentioned in paragraph (1) hereof is not

compromised as far as practicable.

(8)

Without prejudice to the rights enjoyed by Malta

to hold administrative or judicial investigations, the relevant

provisions of IMO Assembly Resolution A.987(24) shall be taken

into account.

(1) Marine safety investigations shall

(a) be independent of judicial or other parallel

investigations whose purpose, or one of whose purposes is

to determine liability or apportion blame or may lead to the

determination of liability or apportionment of blame; and

(b) not be unduly precluded, suspended, or delayed by

reason of any measure, including an investigation mentioned

in paragraph (a) hereof, irrespective of the severity or

perceived severity of the marine accident or incident.

(2) Without prejudice to paragraph (4) hereof, if the

head of marine safety investigation decides pursuant to regulation

7(1) of these regulations that an investigation shall be carried out, it

shall be undertaken by one or more safety investigators, following

the principles of the common methodology and at such times and

places as appear to them most conducive to achieving the objective

set out in regulation 4 of these regulations.

(3) Notwithstanding paragraph (2) hereof, the head of

marine safety investigation may depart from the principles of the

common methodology in a specific case where this can be justified

as necessary, in his professional judgment, in order to achieve the

objective of these regulations.

(4) When the required professional expertise in

a marine safety investigation cannot be provided by the Marine

Safety Investigation Unit, the safety investigator may be assisted

by any person, so appointed by the head of marine safety

investigation, and such person shall have the powers conferred on

a safety investigator under regulation 5 of these regulations. The

head of marine safety investigation may also, by writing, revoke

or suspend the appointment under this paragraph before the marine

safety investigation is concluded to his satisfaction.

(5) In relation to a marine safety investigation being

conducted, the head of marine safety investigation may request

assistance from any public body, any person other than a person

mentioned in paragraph (4) hereof, or from another marine safety

investigation Authority.

(6) A marine safety investigation may extend to cover

all events and circumstances preceding the marine accident or

incident together with subsequent events and circumstances which

in the opinion of the head of marine safety investigation may have

been relevant to its cause or outcome.

(7) Any person, not being a person acting specifically

and solely on behalf of a person required to attend for an interview,

who has been allowed by a safety investigator to be present or has

been nominated to be present by a person required to attend, may at

any time be excluded from being present by the safety investigator

with the agreement of the head of marine safety investigation, if

(a) both the safety investigator and the head of marine

safety investigation have substantial reason to believe that

his presence would hamper the marine safety investigation

with the result that the objective in regulation 4 of these

regulations is likely to be hindered and maritime safety

thereby endangered; and

(b) the head of marine safety investigation is satisfied

having regards to all circumstances, that it is proper to

exclude that person.

(8) Without prejudice to the foregoing paragraph,

where a person nominated to be present has been excluded in

accordance with paragraph (7) hereof, the person required to be

interviewed shall be entitled to nominate another person to be

present at the interview.

(9) Evidential material required by a safety

investigator to be produced for the purposes of an investigation,

whether on board the ship involved or otherwise, may be retained

by the Marine Safety Investigation Unit until the marine safety

investigation is completed.

(1) When conducting marine safety investigations, the Co-operation with

Marine Safety Investigation Unit shall cooperate with substantially other States.

interested States, to limit so far as practicable, the possibility of

parallel marine safety investigations into the same marine accident

or incident.

(2) If the marine accident or incident involves a

substantially interested State, the Marine Safety Investigation Unit

shall cooperate with the marine safety investigation Authority of

that State with a view to rapidly agreeing which will be the lead

investigating State.

(3) Without prejudice to regulation 7(1) of these

regulations, the head of marine safety investigation shall share the

responsibility for the safety investigation and its coordination and

cooperate with other substantially interested States until such time

a mutual agreement is reached under paragraph (2) hereof.

(4) The Marine Safety Investigation Unit shall, so far

as practicable, ensure that the scope and practical arrangements

for the conduct of marine safety investigations are determined in

cooperation with substantially interested States, taking into account

the permanent cooperation framework, in order to achieve the

most conducive approach under the prevailing situation and taking

into consideration the scope of marine safety investigations as

prescribed in these regulations.

(5) Without prejudice to the requirements prescribed

in regulation 7 of these regulations and subject to the mutual

agreement with other substantially interested States, the head of

marine safety investigation may on a case-by-case basis delegate

the task of leading a marine safety investigation or specific tasks

for the conduct of such marine safety investigation to any of the

substantially interested States.

(6) The head of marine safety investigation shall

ensure that where Malta is not the lead investigating State but

nevertheless is a substantially interested State, the marine safety

investigation Authority of that State will afford him equal rights

and access to witnesses and evidential material and so far as

he is able, shall also ensure that his point of view is taken into

consideration by the lead investigating State during the process of

a marine safety investigation.

(7) In those exceptional circumstances where,

notwithstanding paragraph (1) hereof and in coordination with

the substantially interested Member States, it is determined that

parallel marine safety investigations shall be conducted into the

same marine accident or incident, the Marine Safety Investigation

Unit shall notify the European Union Commission in writing of the

reasons for the conduct of such parallel investigations.

(8) In those exceptional circumstances where parallel

marine safety investigations are being conducted, the Marine

Safety Investigation Unit shall ensure that so far as practicable,

cooperation between the substantially interested States is not

compromised by reason of such decision and remains committed

to cooperate with these States. When necessary, parallel safety

investigations shall be carried out without prejudice to the

exchange of evidential material, in order for the substantially

interested States to reach, as far as possible, shared conclusions.

(9) The fact that a marine safety investigation in which

Malta is a substantially interested State may be led by a country

which is a lead investigating State shall not prejudice the conduct

and reporting requirements of marine safety investigations as

prescribed under these regulations, where applicable.

(10) The head of marine safety investigation shall

not cause other substantially interested Member States to remit

any costs incurred by the Marine Safety Investigation Unit in the

process of a marine safety investigation where Malta is either the

lead investigating State or a substantially interested State.

P ro vided th at w h e n M alta is neith er the lead

investigating Member State nor a substantially interested State

in a marine safety investigation, the head of marine safety

investigation shall agree beforehand on the reimbursement of costs

incurred by Malta should a lead investigating Member State or

any substantially interested State require the assistance or services

of the Marine Safety Investigation Unit. The requirements of

regulation 4(3) of these regulations shall apply in circumstances

mentioned in this paragraph.

(1) Without prejudice to the Data Protection Act, all

evidential material related to the marine accident or incident being

investigated under these regulations shall not be disclosed or made

available for purposes other than a marine safety investigation

unless a Court determines that there is an overriding public interest

in its disclosure.

Provided that the Court, in reaching such a decision,

shall have due regard to the opinion of the head of marine safety

investigation and the interests of justice in disclosure of the

evidential material, or part therein, outweighs any prejudice, or

likely prejudice, to

(a) the marine safety investigation into the marine

accident or incident to which the evidential material relates;

(b) any future marine safety investigation undertaken

by the Marine Safety Investigation Unit; or

(c) relations between Malta and any other State, or

international, regional and domestic organisations.

For the purposes of this regulation and regulation 13(5) of

these regulations, “disclose” shall include

(a) divulging or communicating the information in any

way; and

(b) in relation to information contained in a document

or other article, producing the document or other article, or

make it available, for inspection;

(2) A person who has given a declaration or statement

to a safety investigator in the course of a marine safety investigation

is not precluded by these regulations to make available a copy

of his declaration or statement to another person as he deems fit.

However, the person who has given a declaration or statement to

a safety investigator shall not disclose any comments which were

made by the safety investigator in the course of the marine safety

investigation.

(3) Any independent technical analysis commissioned

under regulation 10(5) of these regulations by the Marine Safety

Investigation Unit and opinions expressed in such analysis, and

which therefore are part of the evidential material, may be made

publicly available if the head of marine safety investigation

considers it appropriate to do so.

(1) Where Malta is the lead investigating Member

State, the head of marine safety investigation shall cause a marine

safety investigation report into very serious and serious marine

accidents conducted pursuant to these regulations, other than

marine safety investigations which are being undertaken on behalf

of a State other than Malta, to be made publically available within

12 months of the date of the marine accident or incident.

Provided that if it is not possible to publish the final

marine safety investigation report within 12 months of the marine

accident or incident, an interim marine safety investigation report

shall be published within 12 months of the date of the accident and

a copy shall be sent to the European Union Commission.

(2) The final marine safety investigation report

shall not be made publicly available until such time that it has

been ascertained that a notice is served under this regulation

upon any interested party or State and due considerations taken

of the representations relating to the facts or analysis contained

in the marine safety investigation report, which may be made

in accordance with paragraph (4) hereof by or on behalf of the

persons served with such notice, and the head of marine safety

investigation shall amend the marine safety investigation report in

such manner as deemed fit.

(3) The notice referred to in paragraph (2) hereof,

shall be accompanied by a draft copy of the final marine safety

investigation report.

(4) The representations referred to in paragraph (2)

hereof shall be served on the head of marine safety investigation

within 30 days of service of the notice referred to in paragraph (2)

hereof or within such further period as may be agreed by the head

of marine safety investigation.

(5) Subject to any Court order under regulation 12(1)

of these regulations, no person shall disclose any part of the draft

copy of the final marine safety investigation report which has been

furnished to him pursuant to paragraph (3) hereof or permit such

part of the draft copy of the final marine safety investigation report

to be disclosed, save with the prior consent in writing of the head

of marine safety investigation.

(6) A copy of the final marine safety investigation

report when made publicly available shall be also made available

to

(a) any person who has been served with a notice

pursuant to paragraph (2) hereof;

(b) those persons or bodies to whom recommendations

have been addressed in that marine safety investigation

report;

(c) the Minister;

(d) the IMO;

(e) the European Union Commission; and

(f) any person or organisation whom the head of

marine safety investigation considers may find the marine

safety investigation report useful or of interest.

(7) The final marine safety investigation report and any

previous draft copies of the final marine safety investigation report

shall be inadmissible in any judicial proceedings whose purpose or

one of whose purposes is to attribute or apportion liability or blame

unless a Court, having regard to the factors mentioned in regulation

12(1) of these regulations, determines otherwise.

(8) In this regulation, “judicial proceedings” includes

administrative, civil, or criminal proceedings before any Court, the

Registrar-General and any other person having by law the power to

hear, receive, and examine evidential material on oath.

(9) Where relevant, the marine safety investigation

reports referred to in this regulation, shall be presented in a format

which is in accordance with the framework presented in Annex I to

Directive 2009/18/EC.

(10) The head of marine safety investigation may

decide, pursuant to regulation 7(1) of these regulations, that if a

marine safety investigation is ordered under regulation 7(4) of these

regulations and the findings of which do not have the potential to

lead to the prevention of future marine accidents and incidents that

investigation shall result in a published simplified marine safety

investigation report.

(11) Where Malta is the lead investigating Member

State and has therefore sent a final copy of the marine safety

investigation report to the European Union Commission, the head

of marine safety investigation shall take into account the possible

technical observations made by the European Union Commission

in order to improve the quality of the report.

(12) In addition to the marine safety investigation

report, the Marine Safety Investigation Unit shall provide

the European Commission with data extracted from safety

investigations through EMCIP.

(1) The head of marine safety investigation may

as a result of one or more marine safety investigations, either in

progress or in its finalised version, and on the basis of an abstract

analysis from any source deemed valid and reliable, at any time

make recommendations as to how future marine accidents and

incidents may be prevented. The autonomy conferred upon the

head of marine safety investigation in accordance with this

regulation shall in no case be construed as authority to enforce any

recommendation made.

(2) Any recommendations made by the Marine Safety

Investigation Unit shall in no case create a presumption of blame

or liability.

(3) The recommended actions shall be addressed to

those persons or bodies who, in the opinion of the Marine Safety

Investigation Unit, are most fitted to implement them.

(4) Recommendations shall be made publicly available

if it is considered that it is in the interests of maritime safety and

environmental protection to do so.

(5) Any person to whom a recommendation is

addressed pursuant to paragraph (1) hereof shall, without delay,

take that recommendation into consideration and give notice to

the head of marine safety investigation concerning any measures

which may be taken in response to that recommendation.

(6) In this regulation, all the information, documents,

analysis and correspondence related to recommendations, whether

in an electronic format or otherwise, shall be considered as part

of the evidential material and therefore subjected to the same

protection and provisos applicable to evidential material as

prescribed in regulation 12 of these regulations.

(7) Pursuant to paragraph (1) hereof, the head of

marine safety investigation shall notify the European Union

Commission of any urgent action he deems necessary to prevent

the risk of new accidents.

(1) Without prejudice to any other penalties under the

Act , to which a person may be liable, that person shall be guilty of

an offence if he

(a) fails without reasonable cause to provide

information as required by these regulations;

(b) falsely claims to have any additional information or

new evidence pertaining to any marine accident or incident;

or

(c) engages in an act of omission or commission which

is not authorised by the head of marine safety investigation

and has or could have the result of adversely affecting a

marine safety investigation and such person shall be liable

upon conviction to a fine (multa) not exceeding one thousand

units.

(2) Paragraph (1) hereof shall not apply if the act of

omission or commission was necessary

(a) to ensure the safety of persons or property;

(b) to remove deceased persons or animals from an

accident site;

(c) to move the ship, or the wreckage of the ship to a

safe place; or

(d) to prevent or minimise the possibility of severe

damage to the environment.

(3) If a person fails without reasonable cause to

comply with any requirements, duty or prohibition in regulation

10 of these regulations, he shall be guilty of an offence and liable

upon conviction to a fine (multa) not exceeding one thousand units.

(4) If any person without reasonable cause discloses

or permits to be disclosed any information or evidential material

or parts therein in contravention of these regulations, to any party

irrespective of whether or not that party qualifies to be an interested

party, he shall be guilty of an offence and liable upon conviction to

a fine (multa) not exceeding one thousand units.

No proceedings, civil or criminal, shall lie against the

head of marine safety investigation or against the persons appointed

by the Authority pursuant to regulation 5 of these regulations as

safety investigators or against the persons appointed by the head

of marine safety investigation pursuant to regulation 10(4) of these

regulations for anything he may do or report or say in the course

of the exercise or intended exercise of his functions under these

regulations, unless it is shown that he acted in bad faith.

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