210
platforms and wind farms; medium-sized units
(LOA~30m, draft~3m) which also are capable of long-
term operation in the open sea; small units (LOA≈
10M, draft≈1m) which operate mainly in internal and
coastal waters. The boat MoB MEDS discussed in the
article belongs to the last group and is intended to
operate in the Gulf of Gdańsk, the Vistula Lagoon and
nearby navigable canals leading from the sea port of
Gdańsk to the sea port of Elbląg.
All the ships listed above are distinguished by
good mobility and high speed in operation. Most of
them undertake various underwater activities within
nearby harbours and anchorages. Due to the main
assumption of the vessel (possibility of providing
immediate assistance), the owners of described boats
operate mainly in a well-defined area and they rarely
provide services to other countries or ports. Services
which they provide include: inspection and repair of
underwater structures (e.g. berths, piers, docks),
underwater welding and cutting, recovery of the lost
equipment, metal thickness measurements, hull
inspections for classification societies and propeller
maintenance.
Currently, very few units of this type are equipped
with devices to combat oil pollution, but such
solutions also exist, e.g. the German company Baltic
Taucherei und Bergungsbetrieb Rostock GmbH has
several boats equipped with oil spill containment
barriers, pumps and oily water tanks. They can
effectively support the activities of German Search
and Rescue (SAR) units by increasing the fleet of
pollution removal vessels. However, the operating
areas of such ships are usually limited to nearby
internal waters, e.g. within the port of Hamburg.
The analysis of such DSV market carried out
within Poland [9] has shown that on most of the
navigable waters there is la ack of specialized vessels
with low draft, which could undertake the required
action (divers service and oil/chemical spills
combating) in a short period of time. There are a
relatively large number of companies providing
underwater services, however, the vast majority of
them do not have their own vessels, or they have the
vessels which does not comply with a number of legal
requirements to perform underwater works.
Specialized oil-combating vessels are mostly owned
by the government (Polish Navy, SAR Service,
training/research vessels of the Maritime Institute
etc.), but by definition, they cannot perform
commercial work.
2 METHODOLOGY FOR ANALYSIS OF MARINE
ACCIDENTS
State Marine Accident Investigation Commission
(SMAIC) is an independent organization, which
carries out safety investigations based on maritime
accident researches in Poland. It is crucial to be aware
of the legal regulations (especially the act dated 31
August 2012, Journal of Laws item 1068, 2012, with
further amendments), which limit the number of
investigated cases. Some of these limitations are
presented below.
Data on accidents at sea cover ships of either
Polish or non-Polish nationality when the incident or
accident at sea occurred in Polish internal waters or
Polish territorial sea. Passenger ro-ro ferries or
highspeed passenger ships are also included when the
incident or accident occurred outside the internal
waters or territorial sea of the EU member state
provided that the last port of call of that ship was a
Polish Republic's seaport. Besides, these statistics
cover ships of gross tonnage below 50, i.e. fishing
boats, yachts or tugs.
Maritime chambers adjudicate cases on marine
accidents only at the request of the parties concerned
or a maritime administration body. Marine accident
should be considered as an occurrence or several
consecutive occurrences linked directly to the ship's
operations, resulting in:
− any loss of life, major serious injury to a person or
loss of a person onboard the ship;
− the sinking of the ship, loss of the ship in another
way, or damage to the ship seriously affecting its
structure, manoeuvrability or operability so that an
in-depth repair is required;
− ship's grounding, or any ship's hull contact with
the sea bottom, an impact of the ship into a subsea
obstacle;
− laying-up or collision of the vessel;
− fire, explosion;
− an impact into a port facility, installation Offshore,
hitting a surface or underwater obstacle;
− cargo dislocation;
− damages due to unfavourable weather conditions,
damages by ice;
− crack of the hull or suspected damage to the hull,
or
− damage by the ship to a port's infrastructure, or to
facilities providing access to ports, harbours,
installations or offshore structures causing a
serious risk to safety of the ships, other ships or
persons, or a damage to the natural environment
or posing a risk thereof.
The SMAIC is obliged to investigate every ‘severe’
or ‘very severe’ marine accident. The Commission
does not deal with marine accidents or incidents
participated exclusively by vessels of the Naval
Forces, Border Guard or Police, 15 meters long fishing
boats, leisure yachts–except for very serious accidents;
or accidents not participated by maritime ships, at
offshore drilling units.
In accordance with Art. 40(1). 2 of the Law on
SMAIC, the reports of this organization cannot
constitute evidence in criminal proceedings, they do
not establish fault or responsibility for causing the
accident. They only determine the circumstances and
causes of its occurrence to prevent future maritime
accidents and incidents. SMAIC has been operating in
Poland since 2013, so despite the above described
limitations of undertaking research and selected types
of accidents (which require underwater work or oil
spill prevention), accidents described below are
relatively numerous.
However, in practice not all marine casualties are
reported (minor marine casualties and incidents are
usually concealed to avoid certain legal,
administrative and financial consequences) and those
that are reported are not always subjected to a