Circular Letter
MSC/Circ.l058 - MEPC/Circ.400
INTERIM GUIDELINES TO ASSIST FLAG STATES
AND OTHER SUBSTANTIALLY INTERESTED STATES TO ESTABLISH AND MAINTAIN AN
EFFECTIVE FRAMEWORK FOR CONSULTATION AND CO-OPERATION IN MARINE CASUALTY
INVESTIGATIONS
(adopted
on 5 December 2002)
1. The Maritime Safety Committee (MSC) at its seventy-fifth
session (15 to 24 May 2002) and the Marine Environment Protection Committee at
its forty-eighth session (7 to 11 October 2002), recalling the Code for the
Investigation of Marine Casualties and Incidents (resolution A.849(20)), as
amended by resolution A.884(21)), recognized that the establishment of a
framework for consultation and co-operation between flag States and other
substantially interested States would enhance co-operation and a common
approach to the investigation of such casualties and incidents. The Committees
also recognized that arrangements for consultation and co-operation, as
highlighted above, should, taking into account the need for urgent action and
the possible time constraints involved, be concluded between the States
concerned at an early stage so that they are in place before a casualty occurs.
2. Accordingly, the Committees approved the annexed Interim
Guidelines to Assist Flag States and Other Substantially Interested States to
Establish and Maintain an Effective Framework for Consultation and Co-operation
in Marine Casualty Investigations, based upon the recommendations of the
Sub-Committee on Flag State Implementation from its tenth session (8 to 12
March 2002). The Committees decided that the aforementioned Interim Guidelines
should be issued as soon as possible pending further consideration to
incorporate the annexed Interim
Guidelines into the Code for the Investigation of Marine
Casualties and Incidents.
3. Member Governments are invited to:
.1 take the
annexed Interim Guidelines into consideration when establishing and maintaining
an adequate and effective national system of marine casualty investigations;
.2 establish an
international framework of consultation and co-operation, in particular by
concluding bilateral or multilateral agreements with substantially interested
States aiming at facilitating the latter's participation in marine casualty
investigations; and
.3 bring the
Interim Guidelines to the attention of the relevant authorities responsible for
the conduct of marine casualty investigations and other parties concerned.
ANNEX.
INTERIM GUIDELINES TO ASSIST FLAG STATES AND OTHER SUBSTANTIALLY INTERESTED
STATES TO ESTABLISH AND MAINTAIN AN EFFECTIVE FRAMEWORK FOR CONSULTATION AND
CO-OPERATION IN MARINE CASUALTY INVESTIGATIONS
1.1 These Guidelines are intended to provide flag States and other
substantially interested States in a marine casualty investigation with means
to establish and maintain measures for the timely and effective co-operation as
set out in the Code for the Investigation of Marine Casualties and Incidents
and, in particular, in its sections 5 to 9.
1.2 Under the provisions of the United Nations Convention on the
Law of the Sea (UNCLOS) and of relevant IMO conventions, flag States and other
substantially interested States are responsible for co-operating in the conduct
of certain investigations of such casualties and for consulting each other at
the earliest opportunity, so as to ensure that the objective of the
investigation mentioned in the Code can be accomplished to the maximum extent
possible.
1.3 Some Governments have encountered difficulties in fully
co-operating and ensuring that within their field of jurisdiction prompt and
timely investigations are conducted. Reasons for these difficulties include
restrictions of national legislation, the lack of finances, personnel and
technical expertise and the lack of necessary internal organisational arrangements,
including a clear designation of responsibilities to conclude mutual agreements
concerning the conduct of the investigation with other States.
1.4 As specified in section 6 of the Code for the Investigation of
Marine Casualties and Incidents, Governments having such difficulties should
take into account that flag States should be considered fulfilling their
obligations under UNCLOS article 94, section 7 by fully participating in an
investigation conducted by another substantially interested State or by
obtaining the assistance of any other State to conduct the investigation on
their behalf.
1.5 Flag States and other substantially interested States in a
marine casualty investigation in order to establish timely co-operation
conforming to these Guidelines, might seek technical assistance if having
difficulties in meeting their international responsibilities through IMO in
accordance with resolution A.847(20).
2. Preparedness for consultation and
co-operation
2.1 When a marine casualty occurs, the Government of a State which
is responsible for co-operation and consultation concerning the investigation
of that casualty should comply with the provisions of the Code for the
Investigation of Marine Casualties and Incidents.
2.2 To this end a Government should have in place in particular an
adequate and effective system and an appropriate national legislation with the
ability to:
.1 identify, in
a given case, the substantial interest of other States in the casualty in
accordance with the Code and to conclude mutual agreements with these States to
co-operate in investigations;
.2 give marine
casualty investigators of other States within its national legal framework of
data protection ready access to all relevant information and material evidence
such as voyage data recorders and survey records held by the Administration,
shipowners, insurers and classification societies;
.3 afford access
for marine casualty investigators of other States to relevant personnel such as
surveyors, coastguard officers, vessel traffic operators, pilots, ship owners,
ship operators, ship managers, officers and crew and other parties, as
appropriate;
.4 start and
perform the investigation as soon as practicable to preserve the evidence and
avoid any unreasonable delay of the ship; and
.5 prepare and
submit investigation reports according to the Code and
MSC/Circ.953-MEPC/Circ.372.