1. The Board shall not include the information collected by it in its report in so far as this:

a. might endanger the unity of the Crown;

b. might harm the security of the Kingdom of the Netherlands;

c. concerns company and manufacturing data provided confidentially by natural persons or legal persons;

d. concerns personal data as referred to in paragraph 2 of chapter 2 of the Personal Data Protection Act, unless the data provided are evidently not an intrusion on a person's privacy.

2. Nor shall the Board include the information collected by it in its report in so far as the importance thereof does not counterbalance the following interests:

a. the relations of the Kingdom of the Netherlands or the countries of the Kingdom of the Netherlands with other states or international organisations;

b. the economic or financial interests of the Kingdom of the Netherlands, of the public-law corporations of the countries of the Kingdom of the Netherlands, or of the administrative bodies referred to in Article 1a, sections c and d of the Government Information Public Access Act;

c. the detection and prosecution of offences;

d. inspection, monitoring and supervision by administrative bodies of the countries of the Kingdom of the Netherlands;

e. respect for privacy;

f. the prevention of disproportionate preference of or damage to natural persons or legal persons or third parties involved in the case.

3. The first paragraph, first sentence and section c are not applicable in so far as it concerns environmental information, as referred to in Article 19.1a of the Environmental Management Act, which relates to emissions in the environment. Furthermore, in derogation of the provision referred to, environmental information shall only be left out of the report in so far as the importance of including it in the report does not counterbalance the interest stated there.

4. The second paragraph, first sentence and section b are not applicable to including environmental information in the report, as referred to in Article 19.1a of the Environmental Management Act, in so far as it concerns acts of a confidential nature.

5. The second paragraph, first sentence and section e are not applicable in so far as the person concerned has consented to including the information in the report.

6. The second paragraph, first sentence and section f are not applicable to including environmental information in the report, as referred to in Article 19.1a of the Environmental Management Act.

7. Nor shall environmental information as referred to in Article 19.1a of the Environmental Management Act be included in the report in so far as the importance thereof does not counterbalance the following interests:

a. the protection of the environment to which this information refers;

b. the security of companies and prevention of sabotage.

8. In applying the first, second and seventh paragraphs to environmental information, it will be taken into account whether this information refers to emissions in the environment.

9. The third through eighth paragraphs are not applicable to environmental information referring to the Netherlands Antilles and Aruba.

1. The Board shall see to it that the investigation is carried out as efficiently as possible and within as short a period of time as possible.

2. In so far as it concerns an investigation into an individual incident, the Board shall aim at issuing the report as soon as possible but at any rate within twelve months after the date of the incident.

1. The Board shall publish the report.

2. The Board shall at any rate send the report to Our Minister whom it concerns, and to the natural person, the company involved, the national aviation authority involved, the legal person or the administrative body for whom/which a recommendation is intended. In addition, the Board shall at any rate send copies of the report to Our Minister, an administrative body involved, and the parties referred to in Article 48, second paragraph, section a.

3. By or pursuant to an Order in Council rules shall be laid down with respect to sending the report, in the cases to be specified, to a foreign state, the Commission of the European Community or an international organisation.

4. Everyone can obtain copies of the report. The Board may charge the costs of a copy. The costs are calculated in compliance with the provisions in Article 12 of the Government Information Public Access Act.

5. Drafts of the report, information collected by the Board for the purpose of an investigation, as well as information that the Board has supplied to other parties by or pursuant to the provisions of this Act, shall not be public.

1. If in consequence of the application of Article 57 certain information cannot be included in the report, which in the opinion of the Board is essential for the analysis of the facts of the incident or the foundations of the conclusions, the Board may decide to send the information and the conclusions and recommendations based on it to the natural person, the legal person or the administrative body for whom/which the recommendation is intended and to whom/which respectively the information is already known.

2. In the case referred to in the first paragraph the Board may decide not to issue a public re port.

3. If the Board applies the second paragraph, it shall inform Our Minister whom it concerns, as well as the provincial or municipal administration, where appropriate, of this fact.

 A conclusion or recommendation shall not constitute a suspicion of guilt or liability for an incident.

1. The Board may decide to terminate the investigation prematurely, if in its opinion the investigation will not result in any meaningful recommendations, without prejudice to the provisions by virtue of Article 5.

2. If the Board applies the first paragraph, it shall inform Our Minister whom it concerns, as well as the provincial or municipal administration, where appropriate, of this fact.

 If necessary for immediate action in order to prevent accidents, the Board shall already make its recommendations for preventive measures while the investigation is still in progress.

1. If new facts are discovered after the investigation has been closed, which in the opinion of the Board are of essential importance for the conclusions or recommendations recorded in the report, the Board shall decide to reopen the investigation.

2. The Board shall inform Our Minister and Our Minister whom it concerns of its decision to reopen the investigation.

 The Board shall draw up an investigative protocol with respect to the investigative methods to be adopted by it. The Board shall publish this protocol.

 If the police in the Netherlands, the Netherlands Antilles or Aruba conducts an investigation into the identity of the victims of an incident, the results of this investigation shall be put at the disposal of the Board if requested.

 By or pursuant to a Kingdom Order in Council or an Order in Council rules may be laid down :

a. with respect to the consultations and co-ordination between the Board, the Public Prosecutions Department in the Netherlands, the Royal Netherlands Military Constabulary, the National Police Agency and the regional police forces, if in connection with an incident imposing a penal sanction is also considered;

b. with respect to the co-operation between the Board, the Public Prosecution Department in the Netherlands Antilles or Aruba respectively, and the Netherlands-Antillean police force or the Aruban police force respectively, if in connection with an incident imposing a penal sanction is also considered;

c. with respect to both parties making objects available within this context.

 By or pursuant to a Kingdom Order in Council or an Order in Council rules may be laid down:

a. with respect to the consultations and co-ordination between the Board and Our Minister whom it concerns, if in connection with an incident imposing an administrative sanction is also considered and

b. with respect to making objects available to Our Minister whom it concerns within this context.

1. In criminal, disciplinary or civil proceedings the following cannot be used as evidence nor can a disciplinary measure, an administrative sanction or an administrative measure be based on:

a. statements of persons made within the context of the investigation of the Board, unless the person who made the statement has given his explicit consent to it;

b, communication recorded by means of a technical device among persons who were involved in the operation of a means of transport;

c. medical or private information recorded within the context of the investigation of the Board concerning persons who were involved in an incident investigated by the Board, unless the person in question has given his explicit consent to it;

d. data from a flight recorder, a cockpit-voice recorder or a travellingdata recorder used in shipping and copies thereof;

e. opinions expressed within the scope of analysing the investigation material;

f. documents drawn up by the Board.

2. for the purpose of a criminal or disciplinary investigation or proceedings for imposing a disciplinary measure, an administrative sanction or an administrative measure, data carriers as referred to in the first paragraph, sections a, b, c, d and f, with the exception of the report referred to in Article 55, first paragraph, cannot be demanded for inspection or be seized. However upon request, statements such as referred to in the first paragraph, section a may be submitted for inspection, if the person who has made the statement has given his explicit consent to it, and information such as referred to in section c may be made available, if the person to whom the information refers has given his explicit consent to it.

3. In derogation of the first and second paragraphs data carriers such as referred to in the first paragraph, sections b and d, may be used as evidence and be demanded for inspection or be seized, if it concerns a criminal investigation into a hostage-taking, murder, manslaughter or an offence with the intention of frightening the population or part of the population of a country, or forcing a government or an international organisation to do, omit or tolerate something, or seriously destabilizing or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisatron.

4. An investigator shall not be called as a witness or an expert in connection with an investigation in which he is or was involved.

5. The first paragraph, first sentence and section a, and the second paragraph in so far as it concerns a data carrier as referred to in the first paragraph section a, shall not apply in the event of prosecution of a witness or an expert on account of perjury in connection with a statement made by him before the Board.

 The Board, the employees of the Office, the general secretary and the other investigators shall not report offences that have come to their notice in the performance of their duties at the Board, to an investigating officer, with the exception of the cases referred to in Articles 160 and 162 of the Netherlands Code of Criminal Procedure, perjury, the offences made punishable under Article 81 , as well as the offences made punishable under Articles 179 through 182 and 184 of the Netherlands Penal Code, Articles 185 through 188 and 190 of the Netherlands-Antillean Penal Code and Articles 185 through 188 and 190 of the Aruban Penal Code in so far as these offences relate to Article 40, first paragraph.

 On the basis of the regulations applying to Government Service Agencies the Board shall provide the required technical and organisational facilities for the protection of its data against loss or impairment and against unauthorised inspection, alterations in and supply of these data.

 Everyone who is involved in the implementation of this Kingdom Act and who thereby obtains data of which he knows or reasonably should assume the confidential character, and who is not already obliged to observe confidentiality with respect to these data on account of his office, profession or a statutory provision, is obliged to observe confidentiality with respect to these data, except in so far as he is obliged to disclose information under a statutory provision or in so far as the necessity of disclosure results from his duties in the implementation of this Kingdom Act.