S.L. 234.49 Art. 14Recommendations.

(1) The head of marine safety investigation may as a result of one or more marine safety investigations, either in progress or in its finalised version, and on the basis of an abstract analysis from any source deemed valid and reliable, at any time make recommendations as to how future marine accidents and incidents may be prevented. The autonomy conferred upon the head of marine safety investigation in accordance with this regulation shall in no case be construed as authority to enforce any recommendation made.

(2) Any recommendations made by the Marine Safety Investigation Unit shall in no case create a presumption of blame or liability.

(3) The recommended actions shall be addressed to those persons or bodies who, in the opinion of the Marine Safety Investigation Unit, are most fitted to implement them.

(4) Recommendations shall be made publicly available if it is considered that it is in the interests of maritime safety and environmental protection to do so.

(5) Any person to whom a recommendation is addressed pursuant to sub-regulation (1) shall, without delay, take that recommendation into consideration and give notice to the head of marine safety investigation concerning any measures which may be taken in response to that recommendation.

(6) In this regulation, all the information, documents, analysis and correspondence related to recommendations, whether in an electronic format or otherwise, shall be considered as part of the evidential material and therefore subjected to the same protection and provisos applicable to evidential material as prescribed in regulation 12.

(7) Pursuant to sub-regulation (1), the head of marine safety investigation shall notify the European Union Commission of any urgent action he deems necessary to prevent the risk of new accidents.