CHAPTER V

ACCIDENT AND INCIDENT INVESTIGATION

Reports
Article 24
1
An investigation of an accident or incident referred to in Article 20 shall be the subject of reports in a form appropriate to the type and seriousness of the accident or incident and the relevance of the investigation findings. The reports shall state the objectives of the investigations as referred to in Article 20(1) and shall contain, where appropriate, safety recommendations.
2
The investigating body shall make public the final report in the shortest possible time and normally not later than 12 months after the date of the occurrence. If the final report cannot be made public within 12 months, the investigating body shall release an interim statement at least on each anniversary of the accident, detailing the progress of the investigation and any safety issues raised. The report, including the safety recommendations, shall be communicated to the relevant parties referred to in Article 23(3) and to bodies and parties concerned in other Member States.
Taking into account experience gained by the investigating bodies, the Commission shall establish, by means of implementing acts, the reporting structure to be followed as closely as possible for accident and incident investigation reports. This reporting structure shall include the following elements:
a
a description of the occurrence and its background;
b
a record of the investigations and inquires, including on the safety management system, the rules and regulations applied, the functioning of rolling stock and technical installations, the organisation of man power, the documentation on the operating system and previous occurrences of a similar character;
c
analysis and conclusions with regard to the causes of the occurrence, including contributory factors, relating to:
1. actions taken by persons involved;
2. the condition of rolling stock or technical installations;
3. skills of the staff, procedures and maintenance;
4. the regulatory framework conditions; and
5. the application of the safety management system.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(3).
3
By 30 September every year the investigating body shall publish an annual report accounting for the investigations carried out in the preceding year, the safety recommendations that were issued and actions taken in accordance with recommendations issued previously.