ANNEX
CODE FOR THE INVESTIGATION OF MARINE CASUALTIES AND INCIDENTS
1 Introduction
1.1 This Code recognizes that under IMO conventions each flag State has a duty to conduct an investigation into any casualty occurring to any of its ships when it judges that such an investigation may assist in determining what changes in the present regulations may be desirable or if such a casualty has produced a major deleterious effect upon the environment. The Code also takes into account that under the provisions of UNCLOS article 94, a flag State shall cause an inquiry to be held, by or before a suitably qualified person or persons into certain casualties or incidents of navigation on the high seas. However, the Code also recognises that where a casualty occurs within the territorial sea or internal waters of a State, that State has a right, tinder UNCLOS article 2, to investigate the cause of any such casualty which might pose a risk to life or to the environment, involve the coastal State's search and rescue authorities, or otherwise affect the coastal State.
1.2 The aim of this Code is to promote a common approach to the safety investigation of marine casualties and incidents, and also to promote co-operation between States in identifying the contributing factors leading to marine casualties. The result of this common approach and co-operation will be to aid remedial action and to enhance the safety of seafarers and passengers and the protection of the marine environment In achieving these aims, this Code recognizes the need for mutual respect for national rules and practices and puts particular emphasis upon co-operation.
1.3 By introducing a common approach to marine casualty investigations and the reporting on such casualties, the international maritime community may be better informed about the factors which lead up to and cause, or contribute to, marine casualties. This may be facilitated by:
.1 Clearly defining the purpose of marine casualty investigation and the guiding principles for its conduct.
.2 Defining a framework for consultation and co-operation between substantially interested States.
.3 Recognizing that the free flow of information will be promoted if individuals who are attempting to assist the investigation may be offered a degree of immunity, both from self-incrimination and from any ensuing risk to their livelihood.
.4 Establishing a common format for reports to facilitate publication and sharing of the lessons to be learned.
1.4 It is not the purpose of the Code to preclude any other form of investigation, whether for civil, criminal, administrative, or any other form of action, but to create a marine casualty investigation process the aim of which is to establish the circumstances relevant to the casualty, to establish the causal factors, to publicise the causes of the casualty and to make appropriate safety recommendations. Ideally, marine casualty investigation should be separate from, and independent of, any other form of investigation.
