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Accident and incident investigation: The legal framework

Annex 13 to the Chicago Convention, contains the basic principles on accident and incident safety investigation. Furthermore, within the European Union, the Directive 94/56 has set common principles governing the safety investigation of civil aviation accidents and incidents in member states.

The safety investigation of accidents and incidents aims solely at the promotion of aviation safety, through accident prevention. Following the safety investigation, safety recommendations may be made by the investigating Authority.

The safety recommendations target solely at the prevention of other accident and incidents. The published reports enable to share the lessons learned.

The EASA has become the competent Community Aviation Authority for the safety of aviation under Basic Regulation 1592/2002; thus, it may be the recipient of safety recommendations related to the areas of its responsibilities.  Furthermore, ICAO Annex 13 provides that the State of Design and the State of Manufacture shall each be entitled to appoint an accredited representative because of the function that have been attributed to each of those States with respect to the airworthiness of aircraft under Annex 8. Therefore, as the EASA is now in charge of the airworthiness, is shall be represented in Safety investigation in order to fulfil its obligation.

Under both international and community law, all safety recommendations must be taken into full consideration by the entity to which they are addressed. In addition, in the preamble of the Basic Regulation 1592/2002 it is stated that the results of the accident investigations should be acted upon by the EASA, as a matter of urgency in particular when, they relate to defective aircraft design or operational matters.

To successfully discharge its responsibilities in this area, the EASA has included in its organigram an Accident Investigation Section. It is responsible for the follow-up of occurrences where the Safety has been endangered.

Its main devoted tasks are:

• to follow the progress of aircraft accidents and incidents investigations,
• to be represented in investigations and collect information related to occurrences,
• to achieve the processing of Safety Recommendations addressed to the Agency,
• to provide progress reports and statistics on the Safety Recommendations processing,
• to maintain a good coordination with European Accident Investigation Bodies,
• to identify safety deficiencies and disseminate related information.