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1. Each Member State shall ensure that a safety investigation is carried out by the safety investigation authority referred to in Article 8 after any very serious marine casualty:

(a) involving a ship flying its flag, irrespective of the location of the casualty;

(b) occurring within its territorial sea and internal waters as defined in UNCLOS, irrespective of the flag of the ship or ships involved in the casualty; or (c) involving a substantial interest of the Member State, irrespective of the location of the casualty and of the flag of the ship or ships involved in the casualty.

2. In the case of a fishing vessel of less than 15 metres in length, the safety investigation authority shall without delay and no later than two months after the very serious marine casualty referred to in paragraph 1 of this Article, carry out a preliminary assessment to determine whether to conduct a safety investigation. Where the safety investigation authority decides not to conduct such a safety investigation, the reasons for that decision shall without delay and no later than two months after the very serious marine casualty be recorded and notified in accordance with Article 17(3).

3. When deciding whether to conduct a safety investigation in accordance with paragraph 2, the safety investigation authority shall take into account the evidence available, as well as the potential for the findings of the safety investigation to lead to the prevention of future marine casualties and incidents.

4. In the case of any marine casualty or incident not covered by paragraph 1, 2 or 3, the safety investigation authority shall decide whether to conduct a safety investigation.

5. The scope and practical arrangements for the conduct of safety investigation shall be determined by the safety investigation authority of the lead investigating Member State in cooperation with the equivalent authorities of the other substantially interested States, in a manner that the safety investigation authority of the lead investigating Member State believes will be most conducive to achieving the objective of this Directive, and with a view to preventing future marine casualties and incidents.

6. When carrying out safety investigation, the safety investigation authority shall follow the IMO Guidelines to Assist Investigators in the Implementation of the Casualty Investigation Code. Investigators may depart from those guidelines where this can be justified as necessary, in their professional judgement, in order to achieve the aims of the safety investigation. The Commission may adopt recommendations for the implementation of those guidelines, taking into account any relevant lessons drawn from safety investigations, and after consulting the safety investigation authorities in the context of the permanent cooperation framework referred to in Article 10.

7. When deciding whether a marine casualty or incident occurring when a ship is alongside, moored or in dock, involving shore or port workers, occurred ‘directly in connection with the operations of a ship’ and, therefore, is subject to a safety investigation, Member States shall, in accordance with their national law, give particular consideration to the involvement of the ship’s structure, equipment, procedures, crew and ship management in and their relevance to the activity being undertaken.

8. A safety investigation shall be started without delay after the occurrence of the marine casualty or incident, and, in any event, no later than two months thereafter.

9. In accordance with national law, if in the course of a safety investigation it becomes known or it is suspected that an offence has been committed under Articles 3, 3bis, 3ter or 3quater of the IMO Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation of 10 March 1988, in its up-to-date version, the safety investigation authority shall immediately inform the maritime security authorities of the Member State or Member States and of any third country concerned thereof.