21.1 The recommendations in this chapter should
be applied in accordance with the principles in chapters 10 and 11
of this Code.
21.2 The marine safety investigating State(s)
should ensure that there is an appropriate framework within the State
for:
-
.1 the designation of investigators to the marine
safety investigation including an investigator to lead the marine
safety investigation;
-
.2 the provision of a reasonable level of support
to members of the marine safety investigation;
-
.3 the development of a strategy for the marine
safety investigation in liaison with other substantially interested
States;
-
.4 ensuring the methodology followed during the
marine safety investigation is consistent with that recommended in
resolution A.1075(28), as amended;
-
.5 ensuring the marine safety investigation takes
into account any recommendations or instruments published by the Organization
or International Labour Organization, relevant to conducting a marine
safety investigation; and
-
.6 ensuring the marine safety investigation takes
into account the safety management procedures and the safety policy
of the operator of a ship in terms of the ISM Code.
21.3 The marine safety investigating State(s)
should allow a substantially interested State to participate in aspects
of the marine safety investigation relevant to it, to the extent practicable.
21.3.1 Participation should include allowing representatives
of the substantially interested State to:
-
.1 interview witnesses;
-
.2 view and examine evidence and make copies of
documents;
-
.3 make submissions in respect of the evidence,
comment on and have their views properly reflected in the final report;
and
-
.4 be provided with the draft and final reports
relating to the marine safety investigationfootnote.
21.4 To the extent practical, substantially interested
States should assist the marine safety investigating State(s) with
access to relevant information for the marine safety investigation.
To the extent practical, the investigator(s) carrying out a marine
safety investigation should also be afforded access to Government
surveyors, coastguard officers, ship traffic service operators, pilots
and other marine personnel of a substantially interested State.
21.5 The flag State of a ship involved in a marine
casualty or marine incident should help to facilitate the availability
of the crew to the investigator(s) carrying out the marine safety
investigation.