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Mutual assistance
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21. (1) In the case of a marine safety investigation conducted by it to which the Directive applies by virtue of not being excluded under Article 2(2) of the Directive, the MAIU shall, where the marine accident the subject of the investigation impacts on one or more Member States—
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(a) cooperate with and provide assistance to the marine safety investigation authorities of other Member States with respect to their marine safety investigations,
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(b) agree with another Member State as to which Member State has the task of leading a marine safety investigation in accordance with Article 7 of the Directive,
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(c) delegate, on a case-by-case basis by mutual agreement, to another Member State the task of leading a marine safety investigation or specific tasks for the conduct of such an investigation,
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(d) coordinate its activities with marine safety investigation authorities of other Member States to achieve the objectives of the Directive,
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(e) cooperate, to the maximum extent possible, with substantially interested third countries in the marine safety investigation,
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(f) cooperate in a marine safety investigation conducted by a substantially interested third country, in accordance with Articles 7 and 12 of the Directive, and
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(g) cooperate with the EMSA.
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(2) The MAIU shall not conduct a parallel marine safety investigation into the same marine accident except in exceptional cases.
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(3) Where the MAIU conducts a parallel marine safety investigation, it shall notify the European Commission of the reasons for doing so and it shall exchange pertinent information with the marine safety investigation authority of the other Member State in order to reach, as far as possible, shared conclusions.
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(4) Where the MAIU is involved in a marine safety investigation involving two or more Member States, the respective activities of the MAIU shall be free of charge to the other Member States.
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(5) Where the MAIU requires assistance from a marine safety investigation authority of another Member State that is not involved in the marine safety investigation, the MAIU shall reimburse such costs incurred by the other authority in providing such assistance as may be agreed with that authority.
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(6) Where a ro-ro ferry or a high-speed passenger craft is involved in a marine accident occurring—
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(a) in territorial waters of the State, or
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(b) other than in territorial waters of the State, where the State is the last Member State visited by that ferry or craft,
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the MAIU shall launch the marine safety investigation procedure.
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(7) Where subsection (6) applies, the State shall remain responsible for the marine safety investigation and coordination with other substantially interested Member States until it is mutually agreed which of them is to be the lead investigating State.
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