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February 2, 2012

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Views sought on marine-accident investigation rules

The Marine Accident Investigation Branch (MAIB) is asking for comments from stakeholders on planned changes to the way in which marine accidents are investigated in the UK.

The changes are necessary to ensure the UK complies with a European Directive (2009/18/EC) aimed at introducing common standards for the investigation of marine accidents across the EEA (the European Union, plus Norway and Iceland).

The MAIB must therefore replace the Merchant Shipping (Accident Reporting and Investigation) Regulations 2005 with an updated set of regulations, which transpose the requirements of the Directive. A

consultation pack of five documents is available for download

from the MAIB’s website.

The pack includes: the proposed new Regulations, entitled the Merchant Shipping (Accident Reporting and Investigation) Regulations; an Impact Assessment; the full text of the Directive; an explanatory memorandum, on the changes mandated by the Directive; and a transposition note, describing how each article in the Directive will be transposed.

The consultation presents two possible options for the transposition of the Directive:

  • Implementing the minimum requirements of the Directive via copy-out and revoking existing UK legislation (including the requirements which go beyond those outlined in the Directive); or
  • Implementing the requirements of the Directive where they exceed existing UK requirements, but retaining some existing UK requirements where these exceed the demands of the Directive.

The consultation remains open until 24 February 2012. Comments can be e-mailed to Stewart Agnew at

[email protected]

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