.2 Only through co-operation between States with a substantial interest can a full analysis be made of a marine casualty.
.3 Marine casualty investigations should be given the same priority as criminal or other investigations held to determine responsibility or blame.
.4 Marine casualty investigators should have ready access to relevant safety information including survey records held by the flag State, the owners, and classification societies. Access to information should not be barred by reason of competing investigations.
.5 Effective use should be made of all recorded data, including voyage data recorders (VDR), if fitted, in the investigation of a marine casualty or marine incident wherever it occurred. The State conducting the investigation should arrange for the read-out of the VDR.
.6 Marine casualty investigators should be afforded access to Government surveyors, coastguard officers, vessel traffic service operators, pilots or other marine personnel of the respective States.
.7 The investigation should take into account any recommendations or instruments published by IMO or ILO, in particular those relating to the human factor, and any other recommendations or instruments adopted by other relevant international organizations.
.8 Reports of investigations are most effective when released to the shipping industry and public.
5.2 In accordance with 9, other substantially interested States should be invited to be represented during any such investigation and should be admitted as a party in the proceedings and have equal standing, rights and access to evidence as the State conducting the investigation.
5.3 Recognizing that any vessel involved in a casualty may continue in service and that a ship should not be delayed more than is absolutely necessary, the State conducting the investigation should start the investigation as soon as practicable, without delaying the ship unreasonably. Other substantially interested States may, by mutual agreement, join the investigation either immediately or at a later stage.
6 Responsibility for investigating casualties and incidents
6.1 Flag States are encouraged to ensure that investigations are carried out into all casualties occurring to its ships. All cases of serious and very serious casualties should be investigated.
6.2 Where a marine casualty or incident occurs within the territorial sea of a State, the flag and coastal States recognizing the obligations of that State to its citizens and the legal status of the territorial sea under the provisions of UNCLOS and also recognising the duties placed on a flag State, the flag and coastal States should co-operate to the maximum extent possible, and mutually agree which State should take the role of lead investigating State.
6.3 Where a marine casualty or incident occurs on the high seas, a flag State should carry out an investigation into a casualty to, or on, any of its ships. If that casualty is a collision involving a ship of another flag State, then the States should consult with each other and agree which will be the lead investigating State and determine the best means of co-operation under this Code. In line with 9.1, if another State is a substantially interested State by virtue of the nationality of the ship's crew, passengers or other persons, or the location of the casualty, that State or States should be invited to take part in the investigation.
