The Cyprus Department of Merchant Shipping (“DMS”) has announced changes to the legislative framework for investigating marine accidents. The International Codes on Marine Accident Investigation Decision of 2010, issued under section 4 of the Convention on the International Maritime Organization (Ratification) and for Matters Connected Therewith Laws 1973 to 1996, approves the following Codes adopted by the International Maritime Organization (“IMO”):

• the Code for the Investigation of Marine Casualties and Incidents adopted on 27 November 1997 by IMO Assembly Resolution A.849(20), as amended on 25 November 1999 by Resolution A.884(21); and
• the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) adopted on 16 May 2008 by the Maritime Safety Committee of the IMO, Resolution MSC.255(84), in force internationally since 1st January 2010.

The circular issued by the DMS outlining the changes also informs owners and operators of ships that SOLAS Chapter XI 1 has been amended to make the Casualty Investigation Code mandatory, and draws attention to the following provisions of the Casualty Investigation Code:

• Masters’ obligation to notify substantially interested states of accidents occurring on the high seas or in an exclusive economic zone without delay.
• Investigators’ power to board ships, interview persons involved and acquire evidential material for the purpose of their investigation.
• Reports into accidents will be published.

For further information contact Costas Stamatiou or any other member of our shipping department.