S.L. 234.49 Art. 11Co-operation with other States.

(1) When conducting marine safety investigations, the

Marine Safety Investigation Unit shall cooperate with substantially interested States, to limit so far as practicable, the possibility of parallel marine safety investigations into the same marine accident or incident.

(2) If the marine accident or incident involves a substantially interested State, the Marine Safety Investigation Unit shall cooperate with the marine safety investigation authority of that State with a view to rapidly agreeing which will be the lead investigating State.

(3) Without prejudice to regulation 7(1), the head of marine safety investigation shall share the responsibility for the safety investigation and its coordination and cooperate with other substantially interested States until such time a mutual agreement is reached under sub-regulation (2).

(4) The Marine Safety Investigation Unit shall, so far as practicable, ensure that the scope and practical arrangements for the conduct of marine safety investigations are determined in cooperation with substantially interested States, taking into account the permanent cooperation framework, in order to achieve the most conducive approach under the prevailing situation and taking into consideration the scope of marine safety investigations as prescribed in these regulations.

(5) Without prejudice to the requirements prescribed in regulation 7 and subject to the mutual agreement with other substantially interested States, the head of marine safety investigation may on a case-by-case basis delegate the task of leading a marine safety investigation or specific tasks for the conduct of such marine safety investigation to any of the substantially interested States.

(6) The head of marine safety investigation shall ensure that where Malta is not the lead investigating State but nevertheless is a substantially interested State, the marine safety investigation authority of that State will afford him equal rights and access to witnesses and evidential material and so far as he is able, shall also ensure that his point of view is taken into consideration by the lead investigating State during the process of a marine safety investigation.

(7) In those exceptional circumstances where, notwithstanding sub-regulation (1) and in coordination with the substantially interested Member States, it is determined that parallel marine safety investigations shall be conducted into the same marine accident or incident, the Marine Safety Investigation Unit shall notify the European Union Commission in writing of the reasons for the conduct of such parallel investigations.

(8) In those exceptional circumstances where parallel marine safety investigations are being conducted, the Marine Safety Investigation Unit shall ensure that so far as practicable, cooperation between the substantially interested States is not compromised by reason of such decision and remains committed to cooperate with these States. When necessary, parallel safety investigations shall be carried out without prejudice to the exchange of evidential material, in order for the substantially interested States to reach, as far as possible, shared conclusions.

(9) The fact that a marine safety investigation in which Malta is a substantially interested State may be led by a country which is a lead investigating State shall not prejudice the conduct and reporting requirements of marine safety investigations as prescribed under these regulations, where applicable.

(10) The head of marine safety investigation shall not cause other substantially interested Member States to remit any costs incurred by the Marine Safety Investigation Unit in the process of a marine safety investigation where Malta is either the lead investigating State or a substantially interested State:

Provided that when Malta is neither the lead investigating Member State nor a substantially interested State in a marine safety investigation, the head of marine safety investigation shall agree beforehand on the reimbursement of costs incurred by Malta should a lead investigating Member State or any substantially interested State require the assistance or services of the Marine Safety Investigation Unit. The requirements of regulation 4(3) shall apply in circumstances mentioned in this sub-regulation.