Incidents and accidents reporting obligations issued by Luxembourg
The Luxembourg Maritime Administration has issued a circular on the obligations of reporting incidents and accidents.
This document was published on February 3rd, 2023, and is addressed to all accredited shipping managers, ship owners, ship operators, designated persons ashore, masters of Luxembourg-flagged ships, recognized organizations, and flag state inspectors.
The present circular replaces and withdraws circular CAM 05/2012 dated November 12th, 2012.
The purpose of the present circular is to remind all actors of their reporting obligation resulting from the occurrence of an incident or an accident on board a Luxembourg-flagged vessel.
The terms “incident” and “accident” are to be understood in accordance with the definitions contained in the IMO Code for the investigation of Marine Casualties and Incidents.
Reporting obligation
It is hereby reminded that all incidents and accidents are to be notified without delay to the “Administration des enquêtes techniques” (AET - article 10 of the law of 30th April 2008) at the following email address: info@aet.etat.lu.
The AET is an impartial, permanent, and independent investigative body. All the details regarding the above-mentioned administration are available on its website at: https://aet.gouvernement.lu/en/l-administration.html.
A special electronic form to report incidents and accidents is available online at: https://aet.gouvernement.lu/fr/l-administration/transports-maritimes.html.
It is also reminded that in accordance with SOLAS, Chapter I, Regulation 11.c), all accidents and incidents must also be reported to the Commissariat aux affaires maritimes at: cam@cam.etat.lu.
Preservation of evidence
It is also reminded that all parties concerned by casualties and incidents make every effort to:
- save all information from charts, log books, electronic and magnetic recordings, and video tapes, including information from VDRs and other electronic devices relating to the period preceding, during, and after an accident;
- prevent the overwriting or other alteration of such information;
- prevent interference with any other equipment that might reasonably be considered pertinent to the safety investigation of the accident;
- collect end preserve all evidence expeditiously for the purposes of the safety
investigations.
Failure to comply with the above-mentioned obligations may lead to the application of sanctions.
You are kindly requested to ensure adequate dissemination of this information within your company and to relevant Luxembourg-flagged vessels.
Applicable legislation
Act of 30 April 2008 on the:
- a) creation of the Technical Investigations Administration
- b) modification of the amended law of 22 June 1963 on the salaries system for civil servants and
- c) repeal of the Act of 8 March 2002 on technical investigation entities in regard to accidents and serious incidents in the areas of civil aviation, maritime transport, and railways.
Grand-Ducal Regulation of 13 October 2011 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and repealing:
- a) Articles 1-5 and Annex 1 of the Grand-Ducal Regulation of 20 March 2002 on additional specifications for technical investigations of accidents and serious incidents in the transportation sector;
- b) Article 7 of the Grand-Ducal Regulation of 28 June 2002 transposing Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and craft high-speed passenger craft services.
Grand-Ducal Regulation of 20 March 2002 on the additional specifications for technical investigations of accidents and serious incidents in the field of maritime transportation,
Code for the investigation of marine casualties and incidents adopted on 27 November 1997 by IMO Resolution A.849(20),
Amendments to the SOLAS Convention adopted on 16 May 2008 by IMO Resolution MSC.257(84).
For more information, please see the documents below (available only to subscribers):
RELEVANT DOCUMENTS:
Incidents and accidents reporting obligations