THE NEW EUROPEAN LEGISLATION ON INVESTIGATION AND PREVENTION OF ACCIDENTS AND INCIDENTS IN CIVIL AVIATION

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Milton Perry
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1 THE NEW EUROPEAN LEGISLATION ON INVESTIGATION AND PREVENTION OF ACCIDENTS AND INCIDENTS IN CIVIL AVIATION 1

2 THE NECESSITY FOR A NEW LEGISLATION Modernise Directive 94/56 on accidents investigation; Evolution of the European aviation market and a global air transport industry much more complex; Necessity of new expertise methods and of more resources for investigations; More divergence in the investigating capacity of the EU Member States compared to 1994; New legal and institutional environment with the creation of the European Agency for Air Safety, in charge of airplanes certification. 2

resources for investigations; More divergence in the investigating capacity of the EU Member States compared to 1994; New

3 REGULATION 996/2010 ON INVESTIGATION AND PREVENTION OF ACCIDENTS AND INCIDENTS IN CIVIL AVIATION Legislative process Proposed by the European Commission on 29 October 2009 under the co-decision procedure between the EP and the Council; Informal agreement under Spanish Presidency June 2010; Confirmed by the EP Plenary on 21 September and Council on 11 October; Published in EU Official Journal on 12 November 2010; Entered into force in 27 Member States on 2 December. 3

Council; Informal agreement under Spanish Presidency June 2010; Confirmed by the EP Plenary on 21 September and

4 REGULATION PROVISIONS The responsibility for accident investigation rest with the Member States; All accidents and serious incidents in civil aviation must be subject of a safety investigation (art.5 1); Member States are free to investigate any other incident (art.5 4); The independence of safety investigation and of investigators is reinforced. COMMISSION EUROPEENNE - DG MOVE - Delphine MICHEAUX NAUDET Aix-en-Provence - Colloque IFURTA - 9 décembre

5 1); Member States are free to investigate any other incident (art.

5 CIVIL AVIATION SAFETY INVESTIGATION AUTHORITY It is a permanent authority; SIA is functionally independent in particular of aviation authorities; SIA has unrestricted authority over the conduct of the safety investigations; SIA must possess the financial and human resources required to conduct effective and efficient investigations. 5

unrestricted authority over the conduct of the safety investigations; SIA must

6 REGULATION PROVISIONS Clarification of EASA role in the investigation (art.8): AESA, as certification authority, cannot be judge and party; According to ICAO Annex 13, EASA participates to investigations as an «adviser»; Better implementation of safety recommendations (art.17 et 18) 0bligation to reply to every recommendation within 90 days Provide justification when recommendation rejected Establishment of a European database of safety recommendations (Safety Recommendations Information System) 6

investigations as an «adviser»; Better implementation of safety recommendations (art.

7 THE NETWORK OF INVESTIGATION AUTHORITIES Creation of the European Civil Aviation Investigation Authorities Network ENCASIA (art.7): Formalise and strengthen the existing cooperation; Not an Agency; Aim to improve the investigations quality by a stronger cooperation between MS (sharing of good practices and resources, peer review, investigators training, etc.); Assist the Commission on development of accidents investigation policy and regulation; 7

7): Formalise and strengthen the existing cooperation; Not an Agency; Aim to improve the investigations quality

8 RELATIONS BETWEEN SAFETY INVESTIGATION AND JUDICIARY INVESTIGATION Regulation 996/2010 does not regulate the procedure of judiciary investigation Guaranty of immediate and unlimited access to and use of evidence by investigator-incharge (art.12 1); Obligation of an open cooperation through establishment of advance arrangements between safety investigation authorities and other authorities involved such as judiciary (art. 12 3); 8

9 RELATIONS BETWEEN SAFETY INVESTIGATION AND JUDICIARY INVESTIGATION Sensitive information: Principle: they are used only for purpose of safety investigation (art.14 1 et 2); Decision to disclose is taken according to national law (art.14 3); No unique European provision for the transmission of information to justice; Recall of «just culture» principle. 9

14 1 et 2); Decision to disclose is taken according to national law (art.

10 OCCURRENCE REPORTING Better prevention with provision on occurrence reporting (art.19): Access granted for EASA and competent authorities of the MS to the European Central Repository (ECR) which contained civil aviation occurrences from 27 MS; Analysis of the data contained in the ECR in order to take preventive and corrective safety actions. COMMISSION EUROPEENNE - DG MOVE - Delphine MICHEAUX NAUDET 10

(ECR) which contained civil aviation occurrences from 27 MS; Analysis of the data contained in the

11 PROVISIONS ON VICTIMS AND FAMILIES Availability of all passengers on board list in a two hours maximum deadline (art.20); Better protection for victims and families (art.21): Possibility to indicate an emergency contact person; Obligation to inform families on investigation progress; Designation of an unique contact point for families; Obligation for MS to establish emergency plan; Obligation for airlines to establish crisis plan; Obligation of minimum insurance for the compensation of victims and families; 11

21): Possibility to indicate an emergency contact person; Obligation to inform families on investigation progress; Designation

12 THANK YOU FOR ATTENTION 12

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