Formal investigation procedure

Investigation, prosecution and procedural law

Procedures for Investigations under MARPOL 73/78

INVESTIGATION PROCEDURES FOR ACCIDENTS AND INCIDENTS

11.10 An investigation shall not hinder the procedures of customs clearance.

PROCEDURES FOR ON THE SPOT INVESTIGATIONS PURSUANT TO PARAGRAPH 7 OF ARTICLE 6

PROCEDURES FOR ON THE SPOT INVESTIGATIONS PURSUANT TO PARAGRAPH 6 OF ARTICLE 12

The procedures set forth in Annex VI shall apply to investigations on the premises of a firm.

Procedures for investigations into contravention of discharge provisions are listed in Annex 1A.

The procedures described in Annex I shall apply to investigations carried out in the territory of other Members.

25.12 Each Member shall notify the Committee (a) which of its authorities are competent to initiate and conduct investigations referred to in Article 11 and (b) its domestic procedures governing the initiation and conduct of such investigations.

37 The term "initiated" as used hereinafter means procedural action by which a Member formally commences an investigation as provided in Article 11.

1 The term "initiated" as used in this Agreement means the procedural action by which a Member formally commences an investigation as provided in Article 5.

(1) to develop specialist knowledge of the investigative procedures of the competent authorities in the Member States and to provide advice on investigations;

(a) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;

(c) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;

Covert investigations shall take place in accordance with the national law and procedures of the Member States on the territory of which the covert investigation takes place.

(4) The aircraft captain must ensure that all evidence relevant to a procedure on violations or for an investigation of a criminal offence are handed over to the competent official body.

1 Each Party shall adopt such legislative and other measures as may be necessary to establish the powers and procedures provided for in this section for the purpose of specific criminal investigations or proceedings.

b is substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information.

b. is substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information.

States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

b. is substantially the same as a matter which has already been examined by the Commission or has already been submitted to another procedure of international investigation or settlement and if it contains no relevant new information.

The duration of the covert investigation, the detailed conditions, and the legal status of the officers concerned during covert investigations shall be agreed between the Member States with due regard to their national law and procedures.

In cases that demand absolute secrecy for the purposes of the investigation and requiring the use of investigative procedures falling within the remit of a national judicial authority, compliance with the obligation to invite the staff member to comment may, in agreement with the AACC, be deferred.

1.1 Acting upon a report or notification of an alleged violation of the discharge requirements under Annexes I and II to MARPOL 73/78, the port State control officer will be guided by the procedures set out in sections 2 and 3 of this Annex with regard to investigations into alleged contravention of the discharge provisions of Annex I to MARPOL 73/78 and in sections 4 and 5 of this Annex with regard to investigations into alleged contravention of the discharge provisions of Annex II to MARPOL 73/78.

The EU encourages Croatia to ensure the necessary regulations are adopted, training provided and other preparations completed to allow full application of the new provisions of the Criminal Procedure Code concerning the modifications of the judicial investigation and transfer of competence to the State Prosecutor.

12.12 The procedures set out above are not intended to prevent the authorities of a Member from proceeding expeditiously with regard to initiating an investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with relevant provisions of this Agreement.

The procedures under which the team is to operate, such as its composition, duration, location, organization, functions, purpose, and terms of participation of team members of a State in investigative activities taking place in another State's territory shall be as agreed between the competent authorities responsible for the investigation or prosecution of criminal offenses, as determined by the respective States concerned.

If any procedure in connection with an offence established in accordance with the obligations arising out of Articles 2, 3 and 4 concerns at least two Member States, those States shall cooperate effectively in the investigation, the prosecution and in carrying out the punishment imposed by means, for example, of mutual legal assistance, extradition, transfer of proceedings or enforcement of sentences passed in another Member State.

(4) To the extent and after such time that data protection procedures appropriate to the task have been established and implemented, SELEC shall then proceed to enhance its ability to assist Member States and enhance coordination among them in preventing, detecting and combating serious trans-border crime by maintaining and indexing such personal data for use in subsequent investigations involving SELEC and its Operational Partners.

The co-operation may - in addition to the exchange of operational information - involve all other tasks of Europol mentioned in the Europol Convention, in particular the exchange of specialist knowledge, strategic intelligence, general situation reports, information on investigative procedures, information on crime prevention methods, participation in training activities as well as providing advice and support in individual investigations.

Where, following boarding and inspection, there are clear grounds for believing that a vessel has committed a serious violation, and the flag State has either failed to respond or failed to take action as required under paragraphs 6 or 7, the inspectors may remain on board and secure evidence and may require the master to assist in further investigation including, where appropriate, by bringing the vessel without delay to the nearest appropriate port, or to such other port as may be specified in procedures established in accordance with paragraph 2. The inspecting State shall immediately inform the flag State of the name of the port to which the vessel is to proceed.

1. he violates flight rules (first paragraph of Article 8), 2. in the case of a violation of air space by an aircraft, he does not land at the order of a competent body in compliance with instructions (third paragraph of Article 10), 3. is not acquainted with the content of /cargo/ which he is transporting (seventh paragraph of Article 59), 4. performs the task of pilot in commercial air traffic if he has exceeded the prescribed age (eighth paragraph of Article 59), 5. does not take measures in compliance with authorities (first paragraph of Article 60), 6. prior to take-off does not check whether the crew and aircraft are prepared and capable of safe flight and whether all prescribed documents are on board (third paragraph of Article 60), 7. does not provide the police with professional assistance and does not provide information to them when this is required in compliance with legal authorities (eighth paragraph of Article 60), 8. does not take measures in compliance with authorities (first and second paragraphs of Article 61), 9. does not take care that objects that are relevant to a procedure of violation or for the investigation of a criminal offence are handed to the appropriate official body (fourth paragraph of Article 61), 10. does not inform the Administration of an aviation accident with fatal results or serious physical injuries or with considerable damage or about a serious incident and does not submit a written report about such (Article 63), 11. does report on circumstances, events and disturbances in functioning which could affect the airworthiness of the aircraft (Article 64), 12. does not land immediately with an aircraft at the nearest suitable airport in compliance with the instructions of a competent air traffic service (first paragraph of Article 147),

Decisions of the Commission to close the formal investigation procedure

In cases where the Commission initiated the formal investigation procedure, the Commission shall close that procedure.

Before revoking a decision and taking a new decision, the Commission shall open the formal investigation procedure pursuant to Article 4(4).

Any interested party may submit comments pursuant to Article 6 following a Commission decision to initiate the formal investigation procedure.

Without prejudice to Article 23, the Commission may in cases of misuse of aid open the formal investigation procedure pursuant to Article 4(4).

In the case of decisions to initiate the formal investigation procedure, proceedings shall be closed by means of a decision pursuant to Article 7.

Without prejudice to Article 8, the formal investigation procedure shall be closed by means of a decision as provided for in paragraphs 2 to 5 of this Article.

whereas the rights of the interested parties can best be safeguarded within the framework of the formal investigation procedure provided for under Article 93(2) of the Treaty;

Community investigation procedure

Procedure to be followed by the institutions concerned in the investigation of a claim

The decision to initiate the formal investigation procedure shall summarise the relevant issues of fact and law, shall include a preliminary assessment of the Commission as to the aid character of the proposed measure and shall set out the doubts as to its compatibility with the common market.

A Commission decision to object to a measure, within the meaning of paragraph 1(c), shall be regarded as a decision to initiate the formal investigation procedure within the meaning of Council Regulation (EC) No 659/1999 fn laying down detailed rules for the application of Article 93 of the Treaty.

(2) The Ministry must grant or deny the consent by a special confirmation of the decision or by a special act (hereinafter " environmental consent ") within two months of the day the consent is requested if an investigation procedure or the resolution of a prior issue for an environmental impact report is unnecessary.

Where the Commission, after a preliminary examination, finds that doubts are raised as to the compatibility with the common market of a notified measure, it shall decide to initiate proceedings pursuant to Article 93(2) of the Treaty (hereinafter referred to as a 'decision to initiate the formal investigation procedure`).