When the following terms are used in the mandatory standards
and recommended practices for marine safety investigations they have
the following meaning.
2.1 An agent means any person, natural
or legal, engaged on behalf of the owner, charterer or operator of
a ship, or the owner of the cargo, in providing shipping services,
including managing arrangements for the ship being the subject of
a marine safety investigation.
2.2 A causal factor means actions,
omissions, events or conditions, without which:
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.1 the marine casualty or marine incident would
not have occurred; or
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.2 adverse consequences associated with the marine
casualty or marine incident would probably not have occurred or have
been as serious;
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.3 another action, omission, event or condition,
associated with an outcome in .1 or .2, would probably not have occurred.
2.3 A coastal State means a State
in whose territory, including its territorial sea, a marine casualty
or marine incident occurs.
2.4
Exclusive economic zone means
the exclusive economic zone as defined by article 55 of the United
Nations Convention on the Law of the Sea.
2.5
Flag State means a State whose
flag a ship is entitled to fly.
2.6
High seas means the high seas
as defined in article 86 of the United Nations Convention on the Law
of the Sea.
2.7
Interested party means an organization,
or individual, who, as determined by the marine safety investigating
State(s), has significant interests, rights or legitimate expectations
with respect to the outcome of a marine safety investigation.
2.8
International Safety Management (ISM) Code
means the International Management Code for the Safe Operation of
Ships and for Pollution Prevention as adopted by the Organization
by resolution A.741(18), as amended.
2.9 A marine casualty means an event,
or a sequence of events, that has resulted in any of the following
which has occurred directly in connection with the operations of a
ship:
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.1 the death of, or serious injury to, a person;
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.2 the loss of a person from a ship;
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.3 the loss, presumed loss or abandonment of a
ship;
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.4 material damage to a ship;
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.5 the stranding or disabling of a ship, or the
involvement of a ship in a collision;
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.6 material damage to marine infrastructure external
to a ship, that could seriously endanger the safety of the ship, another
ship or an individual; or
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.7 severe damage to the environment, or the potential
for severe damage to the environment, brought about by the damage
of a ship or ships.
However, a marine casualty does not include a deliberate
act or omission, with the intention to cause harm to the safety of
a ship, an individual or the environment.
2.10 A marine incident means an event,
or sequence of events, other than a marine casualty, which has occurred
directly in connection with the operations of a ship that endangered,
or, if not corrected, would endanger the safety of the ship, its occupants
or any other person or the environment.
However, a marine incident does not include a deliberate
act or omission, with the intention to cause harm to the safety of
a ship, an individual or the environment.
2.11 A marine safety investigation means
an investigation or inquiry (however referred to by a State), into
a marine casualty or marine incident, conducted with the objective
of preventing marine casualties and marine incidents in the future.
The investigation includes the collection of, and analysis of, evidence,
the identification of causal factors and the making of safety recommendations
as necessary.
2.12
A marine safety investigation report means
a report that contains:
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.1 a summary outlining the basic facts of the
marine casualty or marine incident and stating whether any deaths,
injuries or pollution occurred as a result;
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.2 the identity of the flag State, owners, operators,
the company as identified in the safety management certificate, and
the classification society (subject to any national laws concerning
privacy);
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.3 where relevant the details of the dimensions
and engines of any ship involved, together with a description of the
crew, work routine and other matters, such as time served on the ship;
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.4 a narrative detailing the circumstances of
the marine casualty or marine incident;
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.5 analysis and comment on the causal factors
including any mechanical, human and organizational factors;
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.6 a discussion of the marine safety investigation’s
findings, including the identification of safety issues, and the marine
safety investigation’s conclusions; and
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.7 where appropriate, recommendations with a view
to preventing future marine casualties and marine incidents.
2.13
Marine safety investigation Authority means
an Authority in a State, responsible for conducting investigations
in accordance with this Code.
2.14
Marine safety investigating State(s) means
the flag State or, where relevant, the State or States that take the
responsibility for the conduct of the marine safety investigation
as mutually agreed in accordance with this Code.
2.15 A marine safety record means
the following types of records collected for a marine safety investigation:
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.1 all statements taken for the purpose of a marine
safety investigation;
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.2 all communications between persons pertaining
to the operation of the ship;
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.3 all medical or private information regarding
persons involved in the marine casualty or marine incident;
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.4 all records of the analysis of information
or evidential material acquired in the course of a marine safety investigation;
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.5 information from the voyage data recorder.
2.16 A material damage in relation
to a marine casualty means:
2.17 A seafarer means any person
who is employed or engaged or works in any capacity on board a ship.
2.18 A serious injury means an injury
which is sustained by a person, resulting in incapacitation where
the person is unable to function normally for more than 72 hours,
commencing within seven days from the date when the injury was suffered.
2.19 A severe damage to the environment means
damage to the environment which, as evaluated by the State(s) affected,
or the flag State, as appropriate, produces a major deleterious effect
upon the environment.
2.20
Substantially interested State means
a State:
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.1 which is the flag State of a ship involved
in a marine casualty or marine incident; or
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.2 which is the coastal State involved in a marine
casualty or marine incident; or
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.3 whose environment was severely or significantly
damaged by a marine casualty (including the environment of its waters
and territories recognized under international law); or
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.4 where the consequences of a marine casualty
or marine incident caused, or threatened, serious harm to that State
or to artificial islands, installations, or structures over which
it is entitled to exercise jurisdiction; or
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.5 where, as a result of a marine casualty, nationals
of that State lost their lives or received serious injuries; or
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.6 that has important information at its disposal
that the marine safety investigating State(s) consider useful to the
investigation; or
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.7 that for some other reason establishes an interest
that is considered significant by the marine safety investigating
State(s).
2.21
Territorial sea means territorial
sea as defined by Section 2 of Part II of the United Nations Convention
on the Law of the Sea.
2.22 A very serious marine casualty means
a marine casualty involving the total loss of the ship or a death
or severe damage to the environment.