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Air transport safety: EC requires Cyprus to apply strictly Community legislation

The Commission has recently sent a reasoned opinion – the last step before a formal complaint to the Court of Justice is lodged – to Cyprus …

The Commission has recently sent a reasoned opinion – the last step before a formal complaint to the Court of Justice is lodged – to Cyprus for failure to transpose European legislation regarding the investigation of civil aviation accidents and incidents. The objective of this piece of legislation is to improve air safety by facilitating the expeditious holding of investigations that are held for the prevention of future accidents and incidents. The Commission will not tolerate any failure by Member States to implement rules that protect European citizens` lives.



The Directive[1] requires Member States to ensure that technical investigations are conducted or supervised by a permanent and independent civil aviation body or entity. Every accident or serious incident (an incident involving circumstances indicating that an accident nearly occurred) shall be subject to an investigation. These investigations shall in no case be concerned with apportioning blame or liability.



Whereas Cyprus should have taken measures to implement the Directive by 1 May 2004, date of its accession to the European Union, it never communicated to the Commission the relevant national measures adopted. Cyprus has now two months to notify the appropriate national legislation. Failing this communication, the Commission may bring the case before the European Court of Justice.



[1] Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents (OJ N

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