For The European Civil Aviation Conference On The Coordination Of The Code Civil Aviation Accident And Incident Investigation

Original Language Title: Par Eiropas civilās aviācijas konferences kodeksu par sadarbības koordināciju civilās aviācijas nelaimes gadījumu un incidentu izmeklēšanas jomā

Read the untranslated law here: https://www.vestnesis.lv/ta/id/143459

Cabinet of Ministers Regulations No. 746 Riga 2006 (September 5. No 45 22) on the European civil aviation Conference on the coordination of the code civil aviation accident and incident investigation Issued in accordance with the Cabinet of Ministers of 14 law equipment of the first paragraph of article 3, paragraph 1 of the European civil aviation Conference code of conduct on cooperation of Nations koord civil aviation accident and incident investigation (hereinafter the code) with these terms are accepted and approved. 2. the code shall enter into force for the period specified in article 9 and in order. Prime Minister a. Halloween traffic Minister k. Peters project is accepted and approved by the Cabinet of Ministers of 5 September 2006, the Regulation No 746 of the European civil aviation Conference code for the coordination of civil aviation accident and incident investigation

Permanent bodies or authorities responsible for civil aviation accident and incident investigation of the European civil aviation Conference, the Member States (hereinafter individually referred to as a party and all together referred to as the parties): conscious of its civil aviation and security international relevance; Aware of aviation accident and incident investigation the proper technical impact on aviation safety; Conscious of the total injuries caused by separate aviation accidents and the need for a concerted response to them; Desiring to implement the annex 13 and Council of 21 November 1994, Directive 94/56/EC establishing the civil aviation accident and incident investigation, the provisions of the basic principles of ECAC Member States; Desiring to take the ECAC Member States all optimization features to investigate for civil aviation accidents and incidents; Desiring to facilitate the exchange of data in the course of the investigation; Desiring to develop appropriate cooperation between the ECAC Member States outside the framework of the investigation; Signature the following provisions: article 1 definition (a) Annex 13. The Convention on international civil aviation (the Chicago Convention), annex 13. a. unless otherwise specified, the definitions used in this code, to be understood in the same sense as defined in annex 13, if it is defined. a. investigation. The process is carried out with the objective of preventing accidents and incidents involving information collection, analysis, conclusions, including the determination of cause (s) and, if necessary, security recommendations. a. cooperation. Any action taken by a party at the invitation to enhance or improve the participation of other parties in the investigation or conduct of this investigation, taking into account international rules, invite the parties obligations with respect to the investigation and the funds available. Article 2 objectives of the code (a). This code shall apply to investigations carried out by the party or take part, in accordance with the provisions of annex 13. b. cooperation mainly takes place within the framework of annex 13, and, for the Member States of the European Community, Council of 21 November 1994, Directive 94/56/EC establishing the civil aviation accident and incident investigation basic principles, as well as in the framework of mutual assistance. This code is applicable according to the situation. c. conditions this code obliges a party to provide any assistance to the investigation, which is not the intention of preventing accidents and incidents in the future. Article 3 (a) to investigate the Incident. If a party considers it necessary to investigate incidents involving other parties, with the aim of improving security, the parties involved shall advise each other, entrusting the conduct of the investigation to the party that can perform the task at best. If there is no mutually agreed, must act in accordance with the provisions of annex 13. (b). If the conduct of the investigation is entrusted to the other party and carried out in accordance with article 3 (a) the conditions of point on the other hand it puts all the relevant information. Article 4 cooperation during the investigation, a. the parties, in the light of their available resources and domestic commitments, which have preferential status, take appropriate measures to give positive response to the requirements of the other party for assistance in one or more of the following areas:-the investigation of the accident scene, in the debris of the aircraft in distress and investigation of the equipment; -aircraft equipment or debris in the investigation (inspection) of the other party or country; -the witness or a person involved in the production of aircraft, operation, or maintenance of the interview; -aircraft flight parameter recording hardware decryption of data and evaluation; -aviation accident assessment and related data for saving computer memory. (b) a party may also request the other party's technological guidance and advice in organizing the investigation, compose, crisis management or communication. Such assistance is to be provided, depending on the circumstances, by mail or by telephone, or by designating an expert. (c) the parties should seek to promote the rest of the parties ' relations with third countries, with a similar culture or geographical area is located. Article 5 (a) of the resource management. the status of the Investigator. The promotion of cooperation, subject to national legal provisions, the parties agree to declare the designated experts from ECAC Member States investigating authorities, and to give them equal rights, doing the responsible investigators, subordinated in relation to:-access to the accident site; -access to aircraft operation or maintenance of the person concerned or of the interview results; -access to flight hardware and the entry analysis. Taking into account the duration of cooperation and in accordance with national labour law, the party requesting assistance, secure them to the national regulatory authorities concerned shall recognise the qualifications of outside experts of the parties. b. equipment and space. When necessary, a party to it within the available resources of other parties, observers or counsel investigators should be provided with the necessary dimensions in their work. In addition, the requesting party must provide transportation and accommodation, as well as the issue of visas, if required, and must avoid any practical obstacles which hamper the provision of assistance to or participation in the investigation. c. duration. If there is agreement on the provision of assistance in the investigation, it must continue until those tasks for which the assistance was sought have been met, if practicable. However, if unforeseen problems that can affect the possibility of providing the above assistance, the participating parties shall agree on the transitional rules (conditions), to the assisting party the expert would not be put on hold for too long. d. placement. If investigation is required for long-term help, assisting parties hosting should be consulted as soon as possible in order to determine the appropriate limits, as well as the need to agree on a procedure that in the event of disagreement would allow proper to continue cooperation in connection with the investigation or preparation of the report. e. financial capacity. Assistance is provided free of charge (except possible travel expenses) unless the request for help yourself do not include significant resources. In this case, the solution for the operation of the financial security is achieved by agreement between the parties. Article 6 confidentiality the party receiving the material from the other side, to handle materials in accordance with the relevant national provisions on confidentiality and ownership status, except when otherwise specified. Anticipating possible difficulties in the maintenance of confidentiality, the party as soon as possible, inform the other party. Article 7 training a. party, if deemed necessary, invited each other to visit the Investigator General or special investigation courses or other they organized training courses. b. the parties, when it deems necessary, invite the other party to participate in the aviation accident situation modeling or cooperation of the parties to the existing inspection procedures. c. the Parties shall, where it considers it appropriate, invite other parties to investigators as an accident and serious incident investigation observer to provide understanding of the other parties to the investigation requirements and procedures, thus facilitating effective cooperation in the investigations to be carried out in the territory of the party concerned, in accordance with annex 13. d. in addition to the party may organize training courses on certain issues at the request of the other party. Article 8 communication and maintenance a. Parties invite representatives of other parties, to advance specific areas that would need help or collaboration, especially in view of the parties available special equipment, resources and personnel. (b) requesting the parties to other parties, these parties should be encouraged to visit outside participation in the investigation to identify the problems and the existing barriers in the country concerned to be taken into account in the case of the provision of assistance, as well as to carry out the risk assessment. c. the Parties shall endeavour to organise other parties regularly investigators visits or appointments, to share experiences. Article 9 (a) accession code. Code in force between the parties that the ECAC Secretariat sent official notification of accession. A party may give notice of its intention to withdraw from the code of conduct, written notice of the ECAC Secretariat six months earlier. (b) in the event the parties. withdrawal must take all possible measures to ensure that this does not harm those projects undertaken at a time when the code was still in force between the parties concerned. Article 10 amendment of this code may be amended or changed in accordance with the procedures in force in the ECAC. Proposals for amendments should be made, first of all, and to discuss accident investigation (ACC) of the Group of experts during the meeting.

ECAC CODE OF CONDUCT ON COOPERATION IN THE FIELD OF CIVIL AVIATION ACCIDENT/INCIDENT INVESTIGATION

The permanent bodies or Entities (hereinafter referred to individually as a Party and collectively the parties) which with in charge of investigations into civil aviation accidents and incidents within the Member States of the European Civil Aviation Conference: Mindful of the international nature of civil aviation and of aviation safety; Mindful of the importanc for aviation safety to conducting appropriate technical investigations into aviation accidents and incidents; Mindful of the collective trauma caused by certain aviation accidents and the coordinated reaction that it call for; Desiro of Annex 13 and promoting the provision of Council Directive 94/56/EC within all ECAC Member States; Desiro of optimising the means available to the ECAC Member States into civil aviation the investigat accidents and incidents; Desiro of facilitating the exchange of data in the course of an investigation; Developing meaningful cooperation of Desiro bond between ECAC Member States outside the context of a specific investigation; Suscribe to the following provision: article I Definition a. Annex 13. Annex 13 to the Convention on International Civil Aviation (Chicago Convention). a. Unless otherwise specified, in the terms used in this code of conduct have the meaning stated in Annex 13 when ut300r2u defined in that Annex. a. Investigation. A process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of cause (s) and, when appropriate, the making of safety recommendations. a. the Co-operation. Any action undertaken by a Party when called upon, in order to facilitat or enhance the participation in or the conduct of an investigation by another Party, taking into account the international obligation and commitment of the investigation Party called upon and the resources available. Article II scope of the code of conduct (a). This code of conduct applies to investigations conducted by a Party, or to which a Party under the provision of the participat Annex 13. b. Co-operation is to be achieved within the foremos institutional framework of Annex 13 and, for the States which are members of the European Union, of Council Directive 94/56/EC, but also in the context of mutual assistance. This code of conduct shall apply according to the situation. (c) the provision of this code of conduct shall not commit a Party to providing any assistance in the conduct of an investigation whose sole objective is not the prevention of future accidents and incidents. Article III Investigation into incident (a). When a Party consider it appropriate they investigat into an incident involving other parties, and in order to enhance safety, the parties concerned shall consult each other with a view to entrusting with the conduct of the investigation the Party which is in the best position for this task. In the absence of mutual consent, provision of Annex 13 shall prevails. (b). When the conduct of the investigation has been delegated to a Party under the provision of article III (a), the other parties shall facilitat the transmission of all relevant data accordingly. Article IV Collaboration during an investigation (a). The Parties shall take the appropriate steps, within the limits of resources available to them and the obligation which shall take domestic precedenc, it positivelys the answer a request of assistance from another Party in one or several of the following fields:-investigative examination of accident scene, wreckag and aircraft equipment; -examination of parts in the parties ' facilities or country; -interview with a witness or person involved in the manufacture, the operations or the maintenance of the aircraft; -readou and evaluation of data from flight recorders; -computer storage and evaluation of air accident data. (b) A Party may also request from another Party know-how and advice in organization of the investigation, the drafting of the report, crisis management or communications. Such assistance shall be provided, as the case may be, by mail or telephone or through the appointment of an expert. c. the Parties shall endeavour to facilitat of relations of other parties with third countries whose culture is familiar to them or whose territory is in location proximity. Article V resources management a. status of investigators. In order to facilitat co.-operation, and without prejudice to national law, the parties agree to the appointed experts from recognis ECAC Member States ' investigative bodies or entities of, and grant them, under the authority of the Investigator in charge, equal rights in relations to:-access to the scene of the accident; -access to interviews with those involved in the operation or maintenance of aircraft, or the test made on such persons in the sample taken from; -access to and analysis of flight data recorders. For the duration of any period of co-operation, and without prejudice to their national labour laws, the Party which requests assistance shall take the appropriate steps to ensur that the qualifications of the experts from the assisting Parties shall be recognised by its national administration. b. facilities. When required, a Party shall, as resources permit, provide investigators, observer or adviser from another Party with the basic facilities required in their work the undertak. The Parties shall further facilitat of domestic transport and accommodation, as well as issuing of all when needed, and limit any practical assistance or it ob struction participation into an investigation. c. Duration. When assistance in an investigation is agreed on, this assistance shall continue until the termination of the specific tasks for which the assistance is requested, where this is practically possible. However, if, during this period, unforeseen events or issues that may occure affec the possibilities to perform the agreed assistance, the involved parties shall decide on the transitional measure in order not to the assisting Party depriv of its experts ' skills for a long period. d. Allocation. When long term assistance in an investigation is requested, the allocation of the assisting Party's resources shall be discussed rapidly with a view to determining any appropriate limitations. Also, an agreed procedure shall be established to allow proper co-operation to continue if and where to occure, whethers disagreemen this be related to the conduct of the investigation or the writing of the report. e. finance. Assistance shall be free of charge, except possibly for the travel expense, unless the request for assistance to the mobilisation of impl significant resources. In this case, the financing of operations shall not be negotiated. Article VI Confidentiality (A) Party that receive the material from another Party shall deal with the materials according to their confidentiality or proprietary status, within the limits of the law of the respectiv two States, except where specifically stated otherwise. If a Party of any difficulty in protecting forese such confidentiality, this Party will notify the other Party as soon as possible. Article VII Training a. The Parties shall, where practicabl, invite each other's investigators to attend general or specialist investigation courses and others training conducted by them. (b). The Parties shall, where practicabl, invite other parties relating to their reaction to the simulation to an accident, or review their procedures through co-operation. c. the Parties shall, where practicabl, the secondmen facilitat of each other's investigators as observer to accident and serious incident investigations, with a view to enhancing the understanding of each other's requirements and procedures of the investigative, so as to favour effective cooperation in any investigation on a Party's territory to Annex 13 d pursuan. In addition, a Party may organise a training course to address a specific issue at the request of another party. Article VIII of the establishment and maintenance of contacts (a). The Parties shall welcome representatives of other parties so as to identify in advance areas of possible assistance or co-operation, particularly regarding available specialised equipment, facilities and trained personnel. (b). The parties likely to call upon other parties for assistance shall facilitat the visit of the latter outside the context of an investigation, with a view to identifying any local issues which might have a bearing on the provision of this assistance and to permitting an appropriate risk assessment. c. the Parties shall endeavour to organise, on a regular basis, the visits or meetings for investigators from other parties with the aim of exchanging experience (feedback). Article IX Adherenc to the code of conduct (a). A Party will apply the terms of this code of conduct to others parties after it has formally notified its acceptance of the text to the ECAC Secretariat. (A) the Party may notify its intention to withdraw from the code of conduct by giving six months advance written notice to the ECAC Secretariat. (b). In the event of (a) withdrawals, no steps shall be taken by cessary the parties to ensur that such attention is not detrimental to their on-going projects implemented within the framework of this code of conduct. Article X Amendments to this code of conduct may be amended or modified by the current ECAC pursuan procedures. Proposals for amendment shall in the first place be put forward and discussed during the meetings of the Group of experts on accident investigation (ACC).