Civil Aviation (Investigation of Air Accidents and Incidents)

L.N. 326 of 2021

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Civil Aviation (Investigation of Air Accidents and Incidents)

(Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister for Transport,

Infrastructure and Capital Projects, after consultation with the

Authority for Transport in Malta, has made the following regulations:-

The title of these regulations is Civil Aviation (Investigation Citation.

of Air Accidents and Incidents) (Amendment) Regulations, 2021 and

they shall be read and construed as one with the Civil Aviation S.L. 499.22.

(Investigation of Air Accidents and Incidents) Regulations, hereinafter

referred to as "the principal regulations".

Regulation 2 of the principal regulations, shall be amended Amends

regulation 2 of

by the following

the principal

regulations.

(a) the definition "Directive 2003/42/EC" thereof, shall

be deleted; and

(b) immediately after the definition "Regulation (EU)

No. 996/2010" thereof, there shall be added the following new

definition

" "Regulation (EU) No. 376/2014" means Regulation

(EU) No. 376/2014 of the European Parliament and of the

Council of 3 April 2014 on the reporting, analysis and

follow-up of occurrences in civil aviation, amending

Regulation (EU) No. 996/2010 of the European Parliament

and of the Council and repealing Directive 2003/42/EC of

the European Parliament and of the Council and

Commission Regulations (EC) No. 1321/2007 and (EC)

No. 1330/2007 as amended from time to time;".

In sub-regulation (3) of regulation 3 of the principal Amends

regulations, the words "Annex II of Regulation (EC) No 216/2008" regulation

the principal

shall be substituted by the words "Annex I of Regulation (EU) No. regulations.

2018/1139".

In paragraph (k) of sub-regulation (2) of regulation 22 of

the principal regulations, the words "Directive 2003/42/EC" shall be

substituted by the words "Regulation (EU) No. 376/2014".

Regulation 29 of the principal regulations, shall be

amended by the following

(a) in sub-regulation (1) thereof, the words "in

accordance with Article 7(1) of Directive 2003/42/EC" shall be

substituted by the words "in accordance with Regulation (EU)

No. 376/2014"; and

(b) sub-regulation (3) thereof, shall be substituted by the

following new sub-regulation

"(3) The Civil Aviation Directorate shall, in

accordance with the provisions of Regulation (EU) No.

376/2014, promote a non-punitive environment facilitating

the spontaneous reporting of occurrences and thereby

advancing the principle of "just culture". Such occurrence

spontaneous reports shall be uploaded in the ECCAIRS

database.".

€0.18