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    Aviation safety recommendations

Notification on the renaming of the Civil Aviation Safety Investigation and Analysis Center

Considering the Government Ordinance no. 17 of 29 August 2018, published in the Official Gazette of Romania, Part I, no. 755 of 31 August 2018, we notify you that the Civil Aviation Safety Investigation and Analysis Authority (CIAS) has been renamed as the CIVIL AVIATION SAFETY INVESTIGATION AND ANALYSIS AUTHORITY (SIAA).

Regulation of organization and functioning

Regulation of organization and functioning of the Civil Aviation Safety Investigation and Analysis Center has been approved through Government Decision no. 1013 from October 6, 2010 on the approval of the organization and operation Regulation of the Civil Aviation Safety Investigation and Analysis Center:

ART. 1

(1) The Civil Aviation Safety Investigation and Analysis Center, hereinafter referred to as CIAS, is a permanently specialized technical body, subordinated to the Ministry of Transports and Infrastructure, that is organized and operated as a public institution entirely funded from own incomes, according to legal provisions and to the Organization and Operation Regulation, provided in annex enclosed to this decision.

(2) The patrimony of CIAS is established by taking into management from the Ministry of Transports and Infrastructure of the goods which are in use of the Air Transport Investigations Service of the general control Directorate, after the entry into force of this Decision.

ART. 2

The organizational structure of CIAS is approved through order of the Minister of Transports and Infrastructure, on a proposal from the Governing Board, provided at art. 3.

ART. 3

(1) The management of CIAS is provided by a governing board composed of 5 persons.

(2) The president of the governing board is the general director of CIAS.

(3) The attributions of the governing board members and of the general director are established through the organization and operation Regulation of CIAS.

ART. 4

The management staff within CIAS is appointed by the governing board on the proposal of the general director of CIAS.

ART. 5

(1) The own incomes of CIAS are constituted as follows:

a) from the transfer of the amount of 0,275 euro / passenger boarded on the airports in Romania from the charge of supervising the maintenance of the objectives necessary for passenger safety;

b) attracted sources;

c) donations.

(2) In case of air catastrophes, the Government allocates to CIAS amounts from the Budget Reserve Fund at Government disposal, through the budget of the Ministry of Transports and Infrastructure, for technical investigations of the occurrence.

(3) The value of the charge provided at paragraph (1) subparagraph a) and its collection and distribution procedure is approved through order of the Minister of Transports and Infrastructure.

ART. 6

The remuneration of CIAS personnel is made according to the Regulations in force.

ART. 7

CIAS may also perform other activities concerning the exploiting products from its own activities and related, rents, publishing services, studies, projects, works, other provision of services, exploitation of certain goods it has into administration, based on fees established by law.

ANNEX

Organization and operation Regulation of the Civil Aviation Safety Investigation and Analysis Center

CHAP. I

General dispositions

ART. 1

The Civil Aviation Safety Investigation and Analysis Center, hereinafter referred to as CIAS, founded according to the provisions of the Governmental Ordinance no. 26/2009 on the foundation, organization and operation of the Civil Aviation Safety Investigation and Analysis Center, approved with amendments by Law no. 55/2010, is organized and operates in accordance with the applicable national law and this Regulation.

ART. 2

CIAS provides at national and international level the investigation of Romanian civil aviation accidents and/or incidents that took place on the territory of Romania or in which there were involved aircraft registered in Romania or belonging to operators registered in Romania.

ART. 3

(1) In achieving its goal, CIAS collaborates with the Ministry of Transports and Infrastructure, as well as with other ministries, other authorities of central and local public administration, private bodies and, where appropriate, it may contract according to the law, the services of some experts or of some specialized Romanian or foreign bodies.

(2) CIAS cooperates with similar institutions from other countries based on the international treaties to which Romania is part of, on the protocols concluded on a reciprocal basis, as well as with the institutions within the European Union.

CHAP. II

Organizational structure

ART. 4

Within CIAS there operate specialized departments, which are organized and structured according to the following criteria:

a) the role and responsibilities of CIAS provided by law;

b) the volume, complexity and specific of technical investigation activities that are in a continuously evolving process;

c) the frequency and magnitude of situations requiring the intervention of CIAS;

d) the operative, technical and administrative nature of performed activities;

e) the required level of training and the specialization/training needs of the personnel.

ART. 5

The attributions of specialized structures and departments of CIAS are established by internal Regulation, approved through decision of the Governing Board.

CHAP. III

Attributions of CIAS

ART. 6

In order to fulfill its responsibilities, provided in art. 2 from the Governmental Ordinance no. 26/2009, approved with amendments by Law no. 55/2010, and besides the attributions provided in art. 7 of the same normative act, CIAS fulfills the following duties:

a) provides the performance of technical investigations activity at national and international level in the field of civil aviation, in order to increase and maintain the air safety at a high level;

b) provides the increase and maintenance of a high safety coefficient by issuing flight safety recommendations;

c) follows the implementation of flight safety recommendations;

d) transposes at national level the European and international Regulations concerning technical investigation of civil aviation occurrences;

e) ensures the organization and administration of statistical database referring to aviation occurrences on the territory of Romania and participates to the exchange of specific data with civil aviation international organizations;

f) elaborates the internal and external communication strategy on activities specific to CIAS;

g) organizes and performs permanent communication with the public;

h) organizes and performs permanent communication with the public;

i) ensures the distribution and publication of information materials and of the technical investigation final reports for its field of activity;

j) performs any other activity contributing to promote the institution image;

k) establishes the continuous training strategy in order to train and specialize their own staff and elaborates the measures plan for developing their professional career;

l) establishes the technical and logistical support for continuous training of personnel;

m) coordinates and controls the training and specialization activity of their own personnel;

n) cooperates with professional training institutions in the country and from abroad in order to increase the quality of technical investigation;

o) represents the Ministry of Transports and Infrastructure in relation with similar internal or international bodies and also related ones for its field of activity;

p) ensures defense and represents its own interests in competent courts, according to law;

q) represents and, if appropriate, defends its patrimonial interests in relations with third parties;

r) administrates the available funds, as well as the goods in the public or private field of the state which are in its administration and/or in use;

s) elaborates the annual budget project, which sends for approval to the Ministry of Transports and Infrastructure, and ensures the financial-accounting year according to law;

t) purchases or leases, according to law, movable or immovable goods necessary to its own activity.

CHAP. IV

CIAS Personnel

ART. 7

(1) CIAS personnel consists of:

a) CIAS inspectors, specialized personnel employed with individual labor contract, according to law, with the quality of aviation accident investigator;

b) personnel employed with individual labor contract, according to law, for other departments necessary to perform the institution activities.

(2) The specific requirements to fill in the positions of CIAS inspector are the following:

a) for operational CIAS inspector:

- to have a graduation diploma – specialty crew pilot;

- to have a graduation diploma - higher education;

- to have a flight experience of at least 10 years;

- to have or to have had the quality of crew Captain and/or pilot instructor;

b) for engineer CIAS inspector:

- to have a graduation diploma of the Faculty of Aerospace Engineering or an equivalent;

- to have an operational experience in aviation of at least 10 years;

c) for decoding and analysis of flight data recorder CIAS inspector:

- to have a graduation diploma of the Faculty of Aerospace Engineering or an equivalent - specialty Installations and board equipment or to have a graduation diploma of the Faculty of Electronics, Telecommunications and Information Technology with a minimum of 8 years of experience in aviation.

ART. 8

The remuneration of CIAS personnel is established according to the Regulations in force.

ART. 9

(1) CIAS personnel is subject to the internal Regulation and other legal provisions in the field.

(2) Employment of personnel on executive positions is decided by competition.

(3) CIAS personnel is employed with individual labor contract on undetermined period.

(4) The individual attributions and responsibilities of CIAS personnel are established by job description, which is approved by the general director. The job description is annexed to the individual employment contract and it is signed by the employee and his hierarchical superior.

(5) CIAS personnel does not fall under the category of public servants.

ART. 10

(1) CIAS inspectors are vested with the power of public authority in performing their duties, enjoying protection according to law.

(2) CIAS inspectors are independent in performing the technical investigation activity of civil aviation occurrences from any legal structure, Regulation or air safety authority, air transport infrastructure administrator, from air operators or from any part of which interests might come into conflict with the field of activity of CIAS.

(3) CIAS inspectors shall use the identification card and badge with the specific logo of CIAS only during and in relation to the performance of their job duties, within the limits and according to the competencies established by law and this Regulation.

(4) The logo, identification card model and CIAS inspector badge is approved by order of the Minister of Transports and Infrastructure.

(5) CIAS inspectors may constitute or may be part of professional and trade union organizations, by observing the law.

CHAP. V

Governing Bodies

ART. 11

(1) The governing of CIAS is provided by a Governing Board, made up of 5 persons, of which president is the general director.

(2) The general director of CIAS is appointed and dismissed by the Minister of Transports and Infrastructure.

(3) The general director of CIAS shall fulfil the following criteria:

a) experience in management positions in civil aviation for at least 3 years;

b) aviation higher education or higher education combined with holding an aeronautical personnel license for a period of at least 5 years.

(4) The director of CIAS is independent in taking decisions concerning the technical investigation of civil aviation occurrences from any legal structure, Regulation or air safety authority, air transport infrastructure administrator, from air operators or from any part of which interests might come into conflict with the assigned tasks and he does not require or receive instructions from any authority, institution or national entity.

(5) The Governing Board members are appointed and dismissed by order of the Minister of Transports and Infrastructure.

(6) The mandate of the Governing Board members is of four years and it may be extended by order of the Minister of Transports and Infrastructure from 4 to 4 years.

(7) The Director and Governing Board members shall meet the following conditions:

a) not to own shares or social parts, directly or indirectly, at the air transport infrastructure administrators, at Regulation or air safety authorities, at air operators and at any part of which interests might come into conflict with the field of activity of CIAS;

b) not be part of the Governing Board and / or the general meeting of shareholders of the entities referred to in subparagraph a);

c) not to perform remunerated activities for any of the entities referred to in subparagraph a).

(8) The Director and the Governing Board members who, at the time of appointment or during the mandate are in one of the incompatibility situations provided in par. (7) have a period of maximum 3 months for exiting from the incompatibility.

(9) The mandate of the president and of the Governing Board members shall cease in the following situations:

a) if it is not fulfilled any of the conditions set out in paragraph (7);

b) in case of impossibility to fulfill its mandate more than 120 consecutive calendar days within a range of 140 days;

c) in case of criminal conviction by final court decision for which rehabilitation did not appear;

d) by resignation;

e) by death;

f) by its expiration;

g) in case of not complying with the term of 3 months for exiting from the incompatibility provided in paragraph (8);

h) by revocation by the Minister of Transports and Infrastructure for infringement of this Regulation, of the Governmental Ordinance no. 26/2009, approved with amendments by Law no. 55/2010, and of the Governmental Ordinance no. 51/1999 on the technical investigation of civil aviation accidents and incidents, approved with amendments and completions by Law no. 794/2001.

(10) The revocation order of the Governing Board members may be appealed to the administrative courts or the courts of general jurisdiction according to law.

(11) The remuneration of the Director General, as well as the allowances of the Governing Board members are established by law, by order of the Minister of Transports and Infrastructure.

ART. 12

The Governing Board operates ordinary and extraordinary meeting and in accordance with its own organization and operation Regulation.

ART. 13

(1) The Governing Board carries out, in accordance with the applicable law, the following main tasks:

a) approves its own organization and operation Regulation;

b) approves the internal Regulation of CIAS;

c) proposes for approval to the Ministry of Transports and Infrastructure the organizational structure of CIAS, as well as thereto amendments;

d) approves the list of positions;

e) approves the development and modernization strategy of CIAS;

f) appoints and dismisses the management staff, at the proposal of the general director of CIAS;

g) approves collaboration with specialists from the country and abroad and establishes the conditions for concluding the contract with them;

h) approves the income and expenses budget, in order to submit for approval according to law;

i) approves the investment programs, establishes its own financing sources, approves bank loans, as well as setting other amounts for financing the investments and presents for approval to the Ministry of Transports and Infrastructure the investments to be achieved by CIAS;

j) approves arrangements for financing its equipment, including through loans and / or loans contracted or guaranteed in accordance with the Government Emergency Ordinance no. 64/2007 concerning public duty, approved with amendments and completions by Law no. 109/2008, as subsequently amended, which it can carry out according to law;

k) approves contracts concluded by CIAS;

l) approves periodic financial statements of CIAS concerning the performed activity and establishes measures to continue the activity in terms of balancing the budget;

m) periodically analyzes the budget year and the effectiveness of spending;

n) approves periodic reports of control department within CIAS;

o) approves lease of buildings, facilities, land and other property owned by CIAS;

p) establishes and submits for approval to the Ministry of Transports and Infrastructure the lease of private property owned by state under the administration of CIAS, according to the Regulations in force;

q) approves the disablement and exploitation, according to the law, of the patrimony assets of CIAS;

r) approves the participation of CIAS as partner in some international projects, in cooperation with similar institutions from other countries, especially in the European Union, as part of the European integration;

s) approves the annual and quarterly prize awards proposals for management personnel of CIAS;

t) approves the annual activity report prepared by the executive management of CIAS, which is submitted for approval to the Ministry of Transports and Infrastructure.

(2) The Governing Board carries on any of the tasks conferred to it by law, from the organization and operation Regulation and from the provisions of the Ministry of Transports and Infrastructure.

ART. 14

(1) The Governing Board meets monthly or whenever necessary at the request of the President or of one third of its members.

(2) The decisions of the Governing Board are taken by a majority of its members. Voting is open, equal and direct.

(3) The Governing Board is assisted by a secretary appointed from among the employees of CIAS by the Governing Board president.

ART. 15

For complex decisions, the Governing Board may draw in the analysis activity advisers and consultants from different sectors, following that their work shall be remunerated according to the law.

ART. 16

(1) The general director of CIAS fulfills, according to the legislation in force, the following main attributions:

a) leads the activity of CIAS, having a tertiary credit quality as provided by law;

b) organizes, coordinates and guides the activity of CIAS, exercising all the prerogatives established by law;

c) approves the strategy of the technical investigation activity, as well as all operational procedures, instructions and guides specific to the activity of CIAS;

d) issues investigations decisions for performing the technical investigation activities;

e) approves the composition and distribution of CIAS inspector teams performing the technical investigations;

f) coordinates the elaboration of projects and international programs in the field of CIAS;

g) approves the annual internal audit plan;

h) employs and dismisses the personnel of CIAS, according to concerning legal provisions;

i) approves the promotion and punishment of CIAS personnel, in compliance with legal provisions;

j) proposes for approval to the Governing Board the appointment and dismissal of management personnel within CIAS;

k) coordinates the evaluation activity of professional performance of CIAS personnel at the end of each year of activity;

l) approves and coordinates the implementation of the annual plan for professional training and improvement of its own personnel;

m) approves the displacement in the country and abroad of CIAS personnel for participating in sessions, seminars, conferences, training, exhibitions in their specific field of activity, as well as for organizing and conducting courses;

n) develops proposals for improvement of legislative framework in the field of CIAS and submits them to the Ministry of Transports and Infrastructure for promotion, as well as to other central public administration authorities for information;

o) represents CIAS in relation with public administration authorities, with other legal and natural persons, public or private, with the international bodies in the field, based and within the powers given by the Governing Board and of those conferred by the legislation in force;

p) represents CIAS in relation with media and civil society;

q) represents CIAS in relation with third parties and signs the documents that commits him to them;

r) performs any duties incumbent from the organization and operation Regulation, from decisions of the Governing Board, as well as from legal provisions.

(2) To perform his duties, the general director issues obligatory decisions for CIAS personnel.

(3) To fulfill the specific functions of CIAS, the general director issues technical investigation decisions, methodologies and instructions.

(4) The attributions of the general director may be delegated by his decision to the persons with management positions from specialized departments of CIAS.

CHAP. VI

Technical investigation activity procedures

ART. 17

(1) The technical investigation activity is performed according to the provisions of Governmental Ordinance no. 26/2009, approved with amendments by Law. 55/2010, and of the Governmental Ordinance no. 51/1999, approved with amendments and completions by Law no. 794/2001.

(2) In the activity of CIAS, as well as when drafting a notification of an aviation occurrence and the preliminary and final technical investigation reports, Romanian language shall be used, and where appropriate, English language is used.

ART. 18

(1) The technical investigation activity is performed only based on a written technical investigation directive, approved by the general director, of which model is approved by his order.

(2) If CIAS makes the technical investigation of a civil aviation occurrence, the president of the technical investigation commission shall be appointed only from among CIAS investigators.

(3) To perform the technical investigation established by investigation order, CIAS inspectors activates in commissions of at least two persons. Within these technical investigation commissions there may be involved specialists from other institutions.

(4) To fulfill its objectives, CIAS may conclude contracts with partners, external collaborators from the country and abroad, field specialists as experts, paid according to the law.

(5) Throughout carrying out the activity of technical investigation, CIAS inspectors shall carry their job identification cards, as well as the copy of the technical investigation decision, provided in art. 16. paragraph (3).

(6) CIAS inspectors perform the activity of technical investigations, where appropriate, all over the country and / or abroad, according to law.

ART. 19

The internal technical investigation methodology and procedures detailed on the specific of the civil aviation occurrences, as well as the methodological instructions and guidelines are approved by decision of the general director of CIAS.

CHAP. VII

Income and expenses budget

ART. 20

(1) CIAS elaborates the annual income and expenses budget.

(2) The income and expenses budget is approved by the Governing Board of CIAS and according to law.

(3) CIAS proposes to the Governing Board ways of funding its equipment, including through loans and / or loans contracted or guaranteed in accordance with the provisions of Government Emergency Ordinance no. 64/2007, approved with amendments and completions by Law no. 109/2008, as subsequently amended, in lei and foreign currency, repayable from the own revenues provided in the income and expenses budget, approved according to law.

ART. 21

The annual balance of the implementation of income and expenses budget of CIAS remain at its disposal and are used in the following year with the same destination, according to legislation in force.

ART. 22

CIAS can achieve and may have income and expenses in lei and foreign currency, as provided by the regulations in force.

ART. 23

(1) The financing of expenses necessary for the operation of CIAS, as well as the general expenses for the technical investigation of accidents and incidents is provided from own income.

(2) The own sources of CIAS are established according to law.

(3) In case of air catastrophes the Government allocates to CIAS amounts from the Budget Reserve Fund at Government disposal, through the budget of the Ministry of Transports and Infrastructure, for technical investigations of the occurrence.

ART. 24

(1) The patrimony of CIAS is established by taking into management from the Ministry of Transports and Infrastructure of the goods which are in use of the Air Transport Investigations Service of the general control Directorate, after the entry into force of this Decision.

(2) The goods taken according to paragraph (1) are private assets owned by state, given in administration to CIAS according to law.

(3) The patrimony that is about to be taken by CIAS is attached in the Annex which is an integral part of this Regulation.

(4) The delivery and receipt of goods provided in paragraph (1) is based on the protocol, in 30 days from entering into force of this Regulation.

(5) The value of patrimony administered by the Ministry of Transports and Infrastructure is reduced by the value of goods taken by CIAS.

CHAP. VIII

Final provisions

ART. 25

CIAS may conclude contracts or conventions with other similar bodies and with economic operators from the country and abroad in order to nationally and internationally collaborate and cooperate in its field of activity, according to legal provisions in force.

ART. 26

To fulfill the specific job duties, CIAS uses means of transport, adequate technical equipment and other necessary work means, according to law.

Studies and analysis

The Civil Aviation Safety Investigation and Analysis Authority elaborates specialized studies, specific analysis and newsletters on civil aviation safety.

For more information, click here.

Investigation reports

SIAA runs investigations of civil aviation occurrences, with the purpose to determining the facts, causes and circumstanes that led to their production.

For more information, click here.

Safety recommendations

The Civil Aviation Safety Investigation and Analysis Authority issues flight safety recommendation, based on studies or analysis of a series of investigations.

For more information, click here.