Legal base	Article 80(2) EC; co-decision; QMV
Document originated	29 October 2009
Deposited in Parliament	11 November 2009
Department	Transport
Basis of consideration	EM of 24 November 2009
Previous Committee Report	None
To be discussed in Council	Not known
Committee's assessment	Politically important
Committee's decision	Not cleared; further information requested

Background

6.1 Recommended international standards and practices for air accidents investigation are laid out in an annex to the Convention on International Civil Aviation 1944 (Chicago Convention), to which all Member States are signatories.

6.2 The Community:

• engages in close cooperation and mutual assistance in the field of air accident and incident investigation; and
• has established common basic obligations through Directive 94/56/EC, which establishes fundamental principles governing the investigation of civil aviation accidents and incidents.

The document

6.3 This draft Regulation is intended to build upon and replace Directive 94/56/EC. It would enhance cooperation in the field of air accident investigation by coordinating activity through a new European Network of Civil Aviation Safety Investigation Authorities, so formalising the existing informal cooperation between national Safety Investigation Authorities.

6.4 The objectives of the Network would be contained in a legally binding framework but the proposed Regulation will not create a new Community body — the Network would have no legal personality and its mandate would be limited to an advisory and coordination role. The Commission suggests that the benefits of such a Network would be that:

• it would facilitate standardisation and improve implementation and enforcement of Community civil aviation accident investigation legislation;
• in facilitating exchange of information and improving cooperation between national Safety Investigation Authorities, the Commission and the European Aviation Safety Agency, the Network would increase efficiency and reinforce the preventive principle of accident investigation; and
• it would improve coordination of inquiries into the causes of accidents and incidents.

6.5 In case voluntary cooperation could not resolve issues, the proposed Regulation would provide a number of obligations within the legally binding framework, which would:

• update and replace the key elements of Directive 94/56/EC;
• ensure common obligations for Member States in relation to the organisation and independence of national Safety Investigation Authorities;
• enshrine international standards asserted in the Chicago Convention into Community law, particularly in regard to protection of information;
• elucidate the roles and requirements of the European Aviation Safety Agency and national Safety Investigation Authorities; and
• ensure the preservation and protection of sensitive information and evidence.

6.6 The draft Regulation would prohibit disclosure of sensitive safety information except for use in safety investigations, in order to promote an honest and open reporting culture. The majority of records protected by the proposed Regulation are already protected by existing legislation. But three new types of information have been included in the draft text, in order to improve cooperation:

• records revealing the identity of persons who have given evidence;
• information or evidence provided by foreign investigators; and
• drafts of final reports.

6.7 The proposal is accompanied by the Commission's impact assessment and a summary of the assessment.

The Government's view

6.8 The Parliamentary Under-Secretary of State, Department for Transport (Paul Clark) says that the Government:

• welcomes this proposed Regulation and is supportive of the objectives sought by its provisions; and
• believes that improved assistance and collaboration in the investigation of air accidents and incidents would lead to a better understanding of the causes of accidents and therefore to increased safety in aviation.

6.9 The Minister comments further that:

• the proposed Network is a unique attempt to closely coordinate national authorities without creating a new legal entity at Community level;
• the Government welcomes this initiative and considers the proposal as a positive step forward in enhancing the cooperation between national Safety Investigation Authorities;
• the national Safety Investigation Authorities already engage in close cooperation, which this proposal seeks to formalise;
• the initiative would represent a continuation and progression of the existing practices and therefore the proposed Regulation, and consequent creation of a European Network of Civil Aviation Safety Investigation Authorities, would have no significant implications for Government policy;
• the Government considers that it is useful to clarify and formalise the role of the European Aviation Safety Agency in air accident investigation, given that organisation's central role in the type certification of aircraft and aviation safety generally; and
• the proposed further protection of records would have a direct effect in UK law, by bringing into play the protection of Section 44(1)b of the Freedom of Information Act 2000 (the exemption due to incompatibility with any Community obligation) — the Government supports such changes, which would encourage cooperation with investigations.

6.10 The Minister adds that this month the Government will launch a formal written consultation process on the draft Regulation, saying that the proposal may be of interest to airlines departing from the UK, all of whom would be required to produce a list of persons on board an aircraft in the event of an accident to the aircraft, in order to facilitate information sharing and support to the families of victims.

6.11 As for the financial implications the Minister says that:

• the European Network of Civil Aviation Safety Investigation Authorities would be eligible for a grant from the Community budget, as provided for in Article 108 (1)b of Council Regulation (EC, Euratom) No 1605/2002, the Financial Regulation governing general budgetary matters;
• the grant would be subject to an annual work programme;
• the estimated annual cost for the programme, to be borne by the Community Budget, is €0.60 million (£0.54 million); and
• there are no anticipated costs to the UK — close cooperation between Member States already exists in the form of a council, which would be transformed into the formalised Network, which it is expected would require no additional resources from the UK.

6.12 The Minister attaches an Impact Assessment to his Explanatory Memorandum. Although this does not contain, at this stage, any quantified monetary information, it does suggest there would be no additional direct costs for Member States.

Conclusion

6.13 Although this proposal seems unexceptionable, we wish to have the outcome of the Government's consultation on it before considering the matter further. Meanwhile the document remains under scrutiny.