Published I decree on the relative inquiries to the incidents in the field of the marine transport



In the edition 6th October of the "Gazette of the Italian Republic" it is published I decree legislative n. 165 on 6 September that, in performance of directive 2009/18/CE, it establishes the fundamental principles in matter of inquiries on the incidents in the field of the marine transport and that modification directives 1999/35/CE and 2002/59/CE.

Objective of I decree is "the improvement of safety of marine navigation and the prevention of the pollution caused from the ships, by means of safety inquiries on the lefts and marine incidents, entrusted to a investigative structure in a position to assuring, in autonomy and independence of judgment, the effective execution of the investigation activities safety technique and the corrected analysis of the causes and the circumstances that have determined the marine lefts and incidents, in order to reduce, in such a way, potential analogous future risks".

Article 4 of the provision previews that the central commission of investigation on the marine lefts, of which to the article 466-second of the regulations for marine navigation, it comes mail to the directed dependencies of the minister of Infrastructures and the Transports and assumes the role and the denomination of investigative Organism on the marine lefts operating which investigation organ safety technique di for the assessment and the verification of the causes and of the relative circumstances to the lefts and marine incidents. The Organism will carry out also functions of observatory for the collection and analysis of the relative data to marine safety, let alone an activity of study and search for the development of the investigative techniques and of valorization of the outcomes of the investigations to the aim to delineate proposed new of technical forecasts turned to increase and to improve the general conditions of safety of navigation and the marine transport.

The investigative Organism will be able to make use also of the Technical Corps of the State and other specialized public organizations and will institute a directory of experts, is on the technical plan that on the plan of the discipline, in matter of safety of marine navigation, qualified and adequately competent in the field of the lefts and incidents marine, independent of the naval industries and the shipowning enterprises, also external to the administration of the State, than, in case of marine lefts, can be characterized in order to carry out the adviser role.

The within of application of I decree is relative to the lefts and to the marine incidents that they involve ships of national flag everywhere find, that they happen in the territorial sea or internal marine waters or that they affect other important interests of the State. The provision is not applied to the lefts and the marine incidents that interest some types of ship, between which military ships, ships without means of mechanical propulsion, ships in wood of primitive construction, ships and pleasure crafts not used after the commercial traffic unless they are equipped of crew and they transport more than 12 passengers for business purposes, ships for the inland navigation used in internal waters, ships from fishing of inferior length to 15 meters and fixed units of perforation.