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The Fourteenth Session of the Assembly (Rome, August-
September 1962) considered the subject of aircraft accident
investigation and adopted Resolutions A14-22 and A14-27,
Appendix P.* The first of these:
1) directed "the Council to:
"a) study the possibility of initiating a uniform procedure
to be used by States to make available promptly the
reports of aircraft accident investigations and
inquiries, particularly when related to large modem
transport aircraft, so that the dissemination of such
reports by all Contracting States may be improved;
"b) study whether it is practicable to establish procedures
by which the State of Manufacture or the State that
first certificated the aircraft type, would, in appropriate
cases and upon invitation, make available
competent experts for advice or consultation in the
investigation of accidents, and in the light of the
results of such study:
"i) determine the most practicable means of ensuring
that the fullest possible advantage will be taken of
the specialized knowledge of such experts and
notify all Contracting States accordingly, and
"ii) urge all Contracting States to co-operate in the use
of such experts so as to contribute to the safety of
air navigation;"
and
* The Fifteenth Session of the Assembly (Montreal, June-July 196.5)
subsequently adopted Resolution A15-8, Appendix P, which consolidated
and superseded resolving clause 2 of Resolution A14-22 and
Resolution A14-27, Appendix P.
2) urged "all Contracting States to provide timely notification
of aircraft accidents, especially those involving
large modem transport aircraft, to the State of Manufacture
or the State that first certificated the aircraft
type, whenever it is considered that such action would
be appropriate."
In addition, by Resolution A14-27, Appendix P, the
Assembly resolved that, "in respect of accident investigation,
that it is of great importance for the general improvement of
the safety of air navigation that, to the greatest practicable
extent, a Contracting State in which an accident has occurred
involving aircraft other than of its manufacture communicate
to the State of Manufacture as soon as possible any pertinent
information which results from the inquiry and which may
reflect on the airworthiness of the aircraft type or its equipment,
or which might be used to effect improvement in
safety."
Table A shows the origin of subsequent amendments
together with a list of the principal subjects involved and the
dates on which the Annex and the amendments were adopted
by the Council, when they became effective and when they
became applicable.
Applicability
While the Annex has been adopted pursuant to the provisions
of Article 37 of the Convention, Aircraft Accident Inquiry is
itself the subject of Article 26 of the Convention. This Article
imposes an obligation on the State in which the aircraft
accident occurs to institute an inquiry in certain circumstances
and, as far as its laws permit, to conduct the inquiry in
accordance with ICAO procedure. However, Article 26 does
not preclude the taking of further action in the field of aircraft
accident investigation and the procedures set forth in this
Annex are not limited solely to an inquiry instituted under the
requirements of Article 26, but under prescribed circumstances
apply in the event of an inquiry into any "aircraft accident"
within the terms of the definition herein. In order to maintain
the correct relationship between the provisions of Article 26
and those of the Annex, the following principles have been
observed:
a) Article 37 of the Convention is the Controlling Article
in the development of an Aircraft Accident Inquiry
Annex, but nothing in the Annex must contravene the
express terms of Article 26, or any other Article of the
ANNEX 13
Annex I3 -Aircraft Accident and Incident Investigation Foreword
Convention, nor should it contain any provision which
would do violence to the spirit and intent of the
Convention.
b) Subject to a) the Annex may deal with any relevant
matter whether or not expressly dealt with by Article 26
or by any other Article of the Convention. For instance
it is not a contravention of the Convention for the
Annex to deal with the rights or obligations of States
other than the State of Registry and the State in which
the accident occurred; similarly the Annex may deal
with the privileges to be accorded to observers entitled
by Article 26 to be "present" at the inquiry. These are
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附件13-航空器事故和事故征候调查(4)
