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Applicable IMO instruments on casualty matters


SOLAS
Chapter I - General Provisions
 
Regulation 21 Casualties 
(a) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the present Convention when it judges that such an investigation may assist in determining what changes in the present regulations might be desirable.
(b) Each Contracting Government undertakes to supply the Organization with pertinent information concerning the findings of such investigations. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the ships concerned or in any manner fix or imply responsibility upon any ship or person.
 
Chapter XI-1 – Special measures to enhance maritime safety
 
Reregulation 6 Additional requirements for the investigation of marine casualties and incidents
Taking into account regulation I/21, each Administration shall conduct investigations of marine casualties and incidents, in accordance with the provisions of the present Convention, as supplemented by the provisions of the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine
Incident (Casualty Investigation Code) adopted by resolution MSC.255(84), and:
.1       the provisions of parts I and II of the Casualty Investigation Code shall be fully complied with;
.2       the related guidance and explanatory material contained in part III of the Casualty Investigation Code should be taken into account to the greatest possible extent in order to achieve a more uniform implementation of the Casualty Investigation Code;
.3       amendments to parts I and II of the Casualty Investigation Code shall be adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the annex other than chapter I; and
.4       part III of the Casualty Investigation Code shall be amended by the Maritime Safety Committee in accordance with its rules of procedure.
 
MARPOL
 
Article 8  Reports on incidents involving harmful substances 
(1)          A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention.
 
(2)          Each party to the Convention shall:
              (a)     make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and
              (b)     notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization.
 
(3)          Whenever a Party receives a report under the provisions of the present article that Party shall relay the report without delay to:
              (a)     the Administration of the ship involved; and
              (b)     any other State which may be affected.
 
(4)          Each Party to the Convention undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services, to report to its authorities any incident referred to in Protocol I to the present Convention. That Party shall, if it considers it appropriate, report accordingly to the Organization and to any other Party concerned.
 
Articles 12 Casualties to ships  
(1)          Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the regulations if such casualty has produced a major deleterious effect upon the marine environment.
 
(2)          Each Party to the Convention undertakes to supply the Organization with information concerning the findings of such investigation, when it judges that such information may assist in determining what changes in  the present Convention might be desirable
 
Load Lines
 
Article 23 Casualties 
(1)          Each Administration undertakes to conduct an investigation of any casualty occurring to ships for which it is responsible and which are subject to the provisions of the present Convention when it judges that such an investigation may assist in determining what changes in the Convention might be desirable.
 
(2)          Each contracting Government undertakes to supply the Organization with the pertinent information concerning the findings of such investigations. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the ships concerned or in any manner fix or imply responsibility upon any ship or person.
 
Refer to the following resolutions adopted by the Organization:
Resolution A.203(VII):
Recommendation on the conclusion of agreements and arrangements between States on the question of access and employment of foreign seaborne salvage equipment in territorial waters.
Resolution A.322(IX):
The conduct of investigations into casualties.
Resolution A.442(XI):
Personnel and material resource needs of Administrations for the investigation of casualties and contraventions of conventions.
Resolution A.646(16):
Safety of fishermen at sea.
Resolution A.849(20):
Code for the investigation of marine casualties and incidents.
Resolution A.884(21):
Amendments to resolution A.849(20) and Guidelines for the investigation of human factors in marine casualties and incidents.
Resolution A.987(24):
Guidelines on fair treatment of seafarers in the event of a marine accident.
Resolution MSC.255(84):
Code of the international standards and recommended practices for a safety investigation into a marine casualty or marine incident (Casualty Investigation Code), 2008 edition.
Resolution MSC.257(84):
Amendments to the international Convention for the safety of life at sea, 1974, as amended.
Resolution A.1029(26)
Global integrated shipping information system (GISIS).

Refer also to: 
MSC/Circ.539/Add.2:
Reports on casualty statistics concerning fishing vessels and fishermen at sea.
MSC/Circ.753:
Report on fishing vessels.
MSC-MEPC.3/Circ.3:
Revised harmonized reporting procedures - Reports required under SOLAS regulation I/21 and MARPOL, articles 8 and 12.
MSC-MEPC.6/Circ.6:
National Contact Points for Safety and Pollution Prevention.
MSC-MEPC.7/Circ.7:
Guidance on near-miss reporting.