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ALL texts adopted by EU parliament starting 2026
ALL texts adopted by EU parliament starting 2026
New Rules for Investigating Plane Crashes
Published January 30, 2026
Goal: Align EU aviation safety
The EU’s decision is to back ICAO’s new amendment to Annex 13, which updates how aircraft accident investigations are run to make them more thorough and fair, and the EU will follow the rule if it passes but will point out any parts that clash with EU law.
EU position on ICAO’s proposed amendment to Annex 13 (Aircraft Accident and Incident Investigation)
What the proposal is about
The European Commission asks the Council to decide how the EU will act in the 237th meeting of the International Civil Aviation Organization (ICAO) Council. The meeting will consider “Amendment 20” to Annex 13, which sets rules for investigating aircraft accidents and incidents. The EU wants to support the amendment and, if it is adopted, to follow it without objection. If any part of the amendment does not fit EU law, the EU will notify ICAO of the differences.
Why it matters
- The Chicago Convention (in force since 4 April 1947) created ICAO and sets the rules for international air transport.
- All EU member states are parties to the Convention and sit on the ICAO Council, which has 36 members, 6 of them EU states.
- Annexes adopted by the ICAO Council become binding on all contracting states after a short period (usually 3 months) unless a majority objects.
- The amendment could change how EU safety‑investigation authorities work under Regulation (EC) No 996/2010, so the EU must check whether it needs to adjust its own rules.
Key points of the amendment
| Area | What the amendment changes | Why it matters |
|---|---|---|
| Unlawful interference | Clarifies that the state where the accident happened must finish the investigation and publish a final report, even if the accident involved unlawful acts. | Prevents investigations from being stopped early and improves safety lessons. |
| Conflict of interest | Suggests that the state of occurrence can hand over the investigation to a third‑party state or a regional body, or involve ICAO as an observer. | Keeps investigations impartial and trustworthy. |
| Evidence access | Removes the word “available” from a clause that limited investigators’ access to evidence. | Gives investigators full access to data. |
| Reporting to ICAO | Eliminates the preliminary “ADREP” report and lowers the maximum aircraft mass that triggers a final report from 5 700 kg to 2 250 kg. | Simplifies reporting and aligns with existing ICAO data‑collection rules. |
| Terminology | Updates the definition of “State Safety Programme” and adds “Safety Data Collection and Processing System.” | Keeps Annex 13 consistent with other ICAO annexes. |
| Effective dates | Full amendment applies from 23 November 2028; the new definitions apply from 26 November 2026. | Gives time for national authorities to adjust. |
EU’s planned action
- Support the amendment in the ICAO Council meeting.
- Do not register any disapproval if the amendment is adopted unchanged.
- Notify ICAO of compliance through a state letter.
- If any part of the amendment conflicts with EU law, the Commission will prepare a document and ask the Council to approve a position that will be communicated to ICAO as a difference.
Legal basis
- Article 100(2) of the Treaty on the Functioning of the European Union (TFEU) – the main legal basis for the decision.
- Article 218(9) TFEU – allows the EU to take a position on acts of an international body that have legal effects.
Decision text (simplified)
- Article 1 – The EU will support the amendment and, if adopted unchanged, will not object and will comply. If differences arise, they will be notified to ICAO.
- Article 2 – The position will be expressed by the EU member states that sit on the ICAO Council, and by all EU member states in the interest of the Union.
- Article 3 – The decision is addressed to the member states.
Key dates and numbers
- Chicago Convention: 4 April 1947.
- ICAO Council: 36 members, 6 EU members (2025‑2028).
- Amendment effective: 23 November 2028 (full), 26 November 2026 (definitions).
- Mass threshold for final reports: 5 700 kg → 2 250 kg.
- Decision reference: 2026/0028 (NLE), 2026/49 final.
This summary captures the main points of the EU’s proposed position on the ICAO amendment, the expected impact on EU law, and the legal basis for the decision.
Licensing: The summaries on this page are available under Creative Commons Attribution 4.0 (CC BY 4.0).
The source
