MERCHANT SHIPPING (ACCIDENT AND INCIDENT SAFETY INVESTIGATION) REGULATIONS

SUBSIDIARY LEGISLATION 234.49

MERCHANT SHIPPING (ACCIDENT AND

INCIDENT SAFETY INVESTIGATION)

REGULATIONS

17th June, 2011 *

LEGAL NOTICE 275 of 2011.

(1) The title of these regulations is the Merchant Shipping

(Accident and Incident Safety Investigation) Regulations.

(2) 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

P a r l i a m e n t a n d o f t h e C o u n c i l o f 2 4 O ct o b e r 1 9 9 5 , o n t h e

*see regulation 1(2) of these Regulations, as originally promulgated.

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;

''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;

''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;

''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 twelve passengers for commercial purposes;

(e) fishing vessels with a length of less than fifteen

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.

(2) 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 shall only apply to foreign

flagged ships when in Maltese waters.

(1) The sole objective of marine safety investigations

carried out in accordance with these regulations including the

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

i n su b - r e g u l a t i o n ( 1 ) s h a l l n o t p r e c l u de t h e M a r in e S a f e t y

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 sub-regulation (1) 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)

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 o f the head of marin e safety i nvestig at ion 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, the owner

or operator of the ship or her master shall as soon as 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 sub-regulation (1), 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

sub-regulations (2), (3) and (4), 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 St ates r eferred to in

regulation 11

Provided that when a marine accident or incident involving

a r o-ro f err y or high- speed passen ger cr af t, 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, 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 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 sub-regulation (3)(a) to (e).

(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, 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 regulation 7(3) and (4) 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, 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 sub-regulation if requested to

do so by the head of marine safety investigation.

(2) The duty under sub-regulation (1) 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 sub-

regulation (1), 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), 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 sub-regulation (1).

(7) The detention order under sub-regulation (5) 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 sub-regulation (1) 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), irrespective of the

severity or perceived severity of the marine accident or

incident.

(2) Without prejudice to sub-regulation (4), if the head of

marine safety investigation decides pursuant to regulation 7(1) 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 sub-regulation (2), 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 regulati on 5. T he head of marin e safety

investigation may also, by writing, revoke or suspend the

appoint ment 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 sub-regulation (4), 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 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 sub-regulation (7), 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

Marine Safety Investigation Unit shall cooperate with substantially

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), 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 sub-regulation (2).

(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

c o n s i d e r a t i o n th e s c o p e o f m a r i ne sa f e ty i n v e s t i g a t i o n s a s

prescribed in these regulations.

(5) Without prejudice to the requirements prescribed in

regulation 7 and subject to the mutual agreement with other

s u b s t a n t i a l l y i n t e r e s t e d St a t e s , t h e h e a d o f m a r i n e s a f e t y

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

i n v e s t i g a t i n g St a t e d u r i n g t h e p r o c e s s o f a m a r i n e s a f e t y

investigation.

(7) In those exceptional circumstances where, notwithstanding

sub-regulation (1) 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

m a r i n e sa f e t y i n v e s t i g a t i o n w h e r e M a l t a i s e i t h e r t h e l e a d

investigating State or a substantially interested State

Provided that when Malta is neither 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) shall apply

in circumstances mentioned in this sub-regulation.

(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),

''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) 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 twelve

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 twelve months of the marine

accident or incident, an interim marine safety investigation report

shall be published within twelve 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 sub-

regulation (4) 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 sub-regulation (2) shall be

accompanied by a draft copy of the final marine safety

investigation report.

(4) The representations referred to in sub-regulation (2) shall

be served on the head of marine safety investigation within thirty

days of service of the notice referred to in sub-regulation (2) 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), 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 sub-regulation (3) 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 sub-regulation (2);

(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), 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 acc ordan ce wi th t he f ram ew ork presen te d in A nn ex I to

Directive 2009/18/EC.

(10) The head of marine safety investigation may decide,

pursuant to regulation 7(1), that if a marine safety investigation is

ordered under regulation 7(4) and the findings of which do not have

the potential to lead to the prevention of future marine accidents

an d in cid en ts tha t in vest ig ati on sh all r esu lt in a p ubl ish ed

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 sub-regulation (1) 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.

(7) Pursuant to sub-regulation (1), 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) Sub-regulation (1) 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, 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

th e r e i n i n c o n t r a v e n t i o n of t h es e r e g ul a t io n s, to a ny p a r ty

irrespective o f whet her or not t hat part y quali fies to b e 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 as safety investigators or

against the persons appointed by the head of marine safety

investigation pursuant to regulation 10(4) 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.