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matters upon which Article 26 is silent. The Annex may
also deal with accidents of a kind which do not fall
within the provisions of Article 26.
Relationship between Annex 13
and Article 26 of the Convention
In order to clarify the relationship between the provisions of
Article 26 and those of the present Annex the Council, at the
20th meeting of its Twelfth Session on 13 April 1951, adopted
the following additional resolution:
"Whereas Article 26 of the Convention provides that a
State in which an accident to an aircraft occurs within the
terms of the Article, 'will institute an inquiry into the
circumstances of the accident in accordance, in so far as
its laws permit, with the procedure which may be
recommended by the International Civil Aviation
Organization'; and
"Whereas the Council, at the 18th meeting of its Twelfth
Session on 1 1 April 1951, adopted Annex 13 on Aircraft
Accident Inquiry;
"The Council recommends the Standards and Recommended
Practices for Aircraft Accident Inquiry contained
in Annex 13 to the Convention, as the procedure to
be followed by Contracting States for inquiries into
accidents involving death or serious injury and instituted
in accordance with the provisions of Article 26;
"It being understood:
"1) that States may in accordance with Article 38
of the Convention, deviate from any provision of
Annex 13, except that, with respect to accidents
covered by terms of Article 26 of the Convention
and pursuant to this Article, 'the State in which the
accident occurs will institute an inquiry', 'the State
in which the aircraft is registered shall be given the
opportunity to appoint observers to be present at the
inquiry' and 'the State holding the inquiry shall
communicate the report and findings in the matter to
that State'; and
"2) that the procedure here recommended is not applicable
when an accident to an aircraft not involving
death or serious injury 'indicates serious technical
defect in the aircraft or air navigation facilities', in
which cases and until ICAO recommends a procedure
to this effect, the inquiry shall be conducted
in accordance with the national procedure of the
State concerned, subject to the obligations deriving
from the provisions of Article 26."
The accredited representative and the advisers referred to
in the Annex together comprise the observers that are given
the right to be present at an inquiry under Article 26.
Action by Contracting States
Notification of d~rerencesT. he attention of Contracting States
is drawn to the obligation imposed by Article 38 of the
Convention by which Contracting States are required to notify
the Organization of any differences between their national
regulations and practices and the International Standards
contained in this Annex and any amendments theret0.s
Contracting States are invited to extend such notification to
any differences from the Recommended Practices contained in
this Annex and any amendments thereto, when the notification
of such differences is important for the safety of air navigation.
Further, Contracting States are invited to keep the
Organization currently informed of any differences which may
subsequently occur, or of the withdrawal of any differences
previously notified. A specific request for notification of
differences will be sent to Contracting States immediately
after the adoption of each amendment to this Annex.
Attention of States is also drawn to the provisions of
Annex 15 related to the publication of differences between
their national regulations and practices and the related ICAO
Standards and Recommended Practices through the Aeronautical
Information Service, in addition to the obligation of
States under Article 38 of the Convention.
Use of the text of the Annex in national regulations. The
Council, on 13 April 1948, adopted a resolution inviting the
attention of Contracting States to the desirability of using in
their own national regulations, as far as is practicable, the
precise language of those ICAO Standards that are of a
regulatory character and also of indicating departures from the
Standards, including any additional national regulations that
were important for the safety or regularity of air navigation.
However, the Standards and Recommended Practices of
Annex 13 while of general applicability will, in many cases,
require amplification in order to enable a complete national
code to be formulated.
Status of Annex components
An Annex is made up of the following component parts, not
　
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