S.L. 234.49 Art. 13Reports into investigations.

(1) Where Malta is the lead investigating Member State, the head of marine safety investigation shall cause a marine safety investigation report into very serious and serious marine accidents conducted pursuant to these regulations, other than marine safety investigations which are being undertaken on behalf of a State other than Malta, to be made publically available within twelve months of the date of the marine accident or incident: Provided that if it is not possible to publish the final marine safety investigation report within twelve months of the marine accident or incident, an interim marine safety investigation report shall be published within twelve months of the date of the accident and a copy shall be sent to the European Union Commission.

(2) The final marine safety investigation report shall not be made publicly available until such time that it has been ascertained that a notice is served under this regulation upon any interested party or State and due considerations taken of the representations relating to the facts or analysis contained in the marine safety investigation report, which may be made in accordance with sub-regulation (4) by or on behalf of the persons served with such notice, and the head of marine safety investigation shall amend the marine safety investigation report in such manner as deemed fit.

(3) The notice referred to in sub-regulation (2) shall be accompanied by a draft copy of the final marine safety investigation report.

(4) The representations referred to in sub-regulation (2) shall be served on the head of marine safety investigation within thirty days of service of the notice referred to in sub-regulation (2) or within such further period as may be agreed by the head of marine safety investigation.

(5) Subject to any Court order under regulation 12(1), no person shall disclose any part of the draft copy of the final marine safety investigation report which has been furnished to him pursuant to sub-regulation (3) or permit such part of the draft copy of the final marine safety investigation report to be disclosed, save with the prior consent in writing of the head of marine safety investigation.

(6) A copy of the final marine safety investigation report when made publicly available shall be also made available to:

(a) any person who has been served with a notice pursuant to sub-regulation (2);

(b) those persons or bodies to whom recommendations have been addressed in that marine safety investigation report;

(c) the Minister;

(d) the IMO;

(e) the European Union Commission; and

(f) any person or organisation whom the head of marine safety investigation considers may find the marine safety investigation report useful or of interest.

(7) The final marine safety investigation report and any previous draft copies of the final marine safety investigation report shall be inadmissible in any judicial proceedings whose purpose or one of whose purposes is to attribute or apportion liability or blame unless a Court, having regard to the factors mentioned in regulation 12(1), determines otherwise.

(8) In this regulation, ''judicial proceedings'' includes administrative, civil, or criminal proceedings before any Court, the Registrar-General and any other person having by law the power to hear, receive, and examine evidential material on oath.

(9) Where relevant, the marine safety investigation reports referred to in this regulation, shall be presented in a format which is in accordance with the framework presented in Annex I to Directive 2009/18/EC.

(10) The head of marine safety investigation may decide, pursuant to regulation 7(1), that if a marine safety investigation is ordered under regulation 7(4) and the findings of which do not have the potential to lead to the prevention of future marine accidents and incidents that investigation shall result in a published simplified marine safety investigation report.

(11) Where Malta is the lead investigating Member State and has therefore sent a final copy of the marine safety investigation report to the European Union Commission, the head of marine safety investigation shall take into account the possible technical observations made by the European Union Commission in order to improve the quality of the report.

(12) In addition to the marine safety investigation report, the Marine Safety Investigation Unit shall provide the European Commission with data extracted from safety investigations through EMCIP.