Cap. 641 · Air Navigation Act (Cap. 641)
Cap. 641 Art. 76Designation of authority and fostering of just culture. Cap. 527.
PART XI
(1) In accordance with 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, hereinafter referred to as the "Reporting Regulation", the authority designated for the purpose of fulfilling the obligations relating to the collection, analysis and follow-up of safety occurrence reports shall be the Directorate:
Provided that the Directorate shall act as point of contact for the purposes of Articles 2, 8, 9, 11 and 12 and any other article of the Reporting Regulation, as may be amended from time to time.
(2) The Directorate shall act as the designated body under Article 16(2) of the Reporting Regulation and shall guarantee the fostering and observance of just culture in terms of this Act and in line with Malta’s international obligations. Without prejudice to the provisions of this Part of the Act, the Directorate shall issue such regulatory instruments as may be required in the Act in order to ensure the full observance of the terms of the Reporting Regulation. In this regard, the Director General shall by regulatory instrument nominate and appoint a Just Culture Monitoring Group to assist the Directorate in the evaluation of just culture infringement reports and for the purposes of ensuring that just culture in terms of the Reporting Regulation is enforced, encouraged and fostered.
(3) This Part shall apply to organisations within the meaning of Article 2 of the Reporting Regulation, which organisations supply aviation products to be used within the Maltese airspace and, or employ, contract or use the services of persons required to report occurrences in accordance with Article 4(6) of the Reporting Regulation.
(4) This Part shall apply to the occurrences involving aircraft, products, and parts covered by the Basic Regulation.
(5) The applicability of the provisions of this Part shall be without prejudice to the applicability of the provisions of the
Protection of the Whistleblower Act:
Provided that the provisions of that Act may not be relied upon for the simple reason of securing the disclosure of the identity of a reporter in terms of this Part;