Cyprus's Marine Accidents Investigation Committee (MAIC) was established on 19 December 2013 under the Marine Casualties and Incidents Investigation Law of 2012 (Law 94(I) of 2012), which transposed EU Directive 2009/18/EC into domestic legislation.
MAIC is an independent committee responsible for investigating all types of marine accidents (casualties and incidents) and is supported by the Marine Accidents and Incidents Investigation Service. The MCI Law applies to marine casualties and incidents that involve merchant ships flying the Cyprus flag, wherever they occur; that occur within Cyprus's Territorial and Internal Waters as defined in UNCLOS; or that involve other substantial interests of the Republic of Cyprus.
The Master or the Owner or Manager or the Agent of the ship must notify the MAIC of any incident falling within the scope of the MAI Law as soon as practicable, by submitting the prescribed accident notification form electronically or by fax.
The MCI Law and EU Directive 2009/18/EC give the personnel of the MAIC extensive powers to discharge their duties, including access to any relevant area or casualty site and to any evidence or witnesses, and the Owner or Manager, the Master and the crew of any vessel concerned are required to co-operate fully and provide any information and evidence requested, including statements.
The MAIC will publish its report, in conformity with Annex I of EU Directive 2009/18/EC, within 12 months from the date of the casualty. If it is not possible to produce the final report within that time, an interim report will be published within 12 months from the date of the casualty. All reports of full investigations will be published on the MAIC website.
Recommendations may be made as a result of an investigation. If only a preliminary assessment has been conducted they will be in the form of a letter. If a full investigation has been conducted, the recommendations will be included in the final report. Under no circumstances will a safety recommendation determine liability or apportion blame for a casualty.
Recommendations will be addressed to those considered best fitted to implement them, and the recipient is required to consider the recommendations and inform the MAIC of the measures taken to implement them or the reasons for non-implementation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
