2009/0170(COD)

Civil aviation safety: investigation and prevention of accidents and incidents (repeal. Directive 94/56/EC)

Procedure completed

2009/0170(COD) Civil aviation safety: investigation and prevention of accidents and incidents (repeal. Directive 94/56/EC)
RoleCommitteeRapporteurShadows
Lead TRAN DE VEYRAC Christine (EPP) ZEMKE Janusz Władysław (S&D), KACIN Jelko (ALDE), LICHTENBERGER Eva (Verts/ALE), FOSTER Jacqueline (ECR), KOHLÍČEK Jaromír (GUE/NGL)
Lead committee dossier: TRAN/7/01484
Legal Basis TFEU TFEU 100-p2
Subjects
Links

Activites

  • 2010/11/12 Final act published in Official Journal
  • 2010/10/20 Final act signed
  • 2010/10/20 End of procedure in Parliament
  • 2010/10/11 Act adopted by Council after Parliament's 1st reading
  • #3035
  • 2010/10/11 Council Meeting
  • 2010/09/21 Text adopted by Parliament, 1st reading/single reading
    • T7-0321/2010 summary
    • Results of vote in Parliament
  • 2010/09/21 Commission response to text adopted in plenary
  • 2010/09/20 Debate in Parliament
  • 2010/08/12 Committee report tabled for plenary, 1st reading/single reading
  • 2010/06/01 Vote in committee, 1st reading/single reading
  • 2010/05/27 Economic and Social Committee: opinion, report
  • 2010/05/04 Deadline Amendments
  • 2010/04/15 Committee draft report
  • #3001
  • 2010/03/11 Council Meeting
  • 2010/02/04 Document attached to the procedure
    • N7-0026/2010 summary
    • OJ C 132 21.05.2010, p. 0001
  • 2009/11/12 Committee referral announced in Parliament, 1st reading/single reading
  • 2009/10/29 EP officialisation
  • 2009/10/29 Legislative proposal
    • COM(2009)0611 summary
    • SEC(2009)1477
    • SEC(2009)1478
    • DG Mobility and Transport, KALLAS Siim

Documents

AmendmentsDossier
170 2009/0170(COD) Civil aviation safety: investigation and prevention of accidents and incidents (repeal. Directive 94/56/EC)
2010/04/15 TRAN, TRAN 67 amendments...
source: PE-439.970
2010/10/05 TRAN 103 amendments...
source: PE-441.211

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
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      2009-11-09
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      Transport and Tourism
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        DE VEYRAC Christine
  • date
    2010-02-04
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    Document attached to the procedure
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    text
    • Pending the European Parliament's position at first reading, the Council agreed on a general approach on the draft regulation on investigation and prevention of accidents and incidents in civil aviation (doc. 7085/10).

      The overall objective of the draft regulation is to ensure that safety investigations are carried out expeditiously and to the highest standards in order to prevent future accidents, without apportioning blame or liability. To this end, current informal cooperation among national safety investigation authorities will be transformed into a European network of civil aviation safety investigation authorities. The cooperation thus strengthened will be complemented by a set of compulsory rules for safety investigations.

      Discussing the draft regulation, the delegations that still had reservations on some issues were able to lift them. However, some Member States pointed out that certain issues, such as the relationship between safety investigations and judicial investigations, would need to be further discussed in the course of negotiations with the European Parliament on the text. Moreover, the Commission considers that the obligation to investigate should also cover serious incidents involving smaller aircraft and intends to bring up this issue in the forthcoming discussions with Parliament.

      As regards the time limit for making available the list of persons on board an aircraft when an accident occurs, the Council agreed that such a list should be produced as soon as possible, but at the latest within two hours after the accident so that relatives of persons on board can be informed without delay.

      The network to be established will be composed of the heads of the civil aviation safety investigation authorities or their representatives and be chaired by one of its members for a mandate of three years. Its purpose is to contribute to better implementation of EU civil aviation investigation legislation and enhanced availability of investigation capacity throughout the Union. Cooperation through the network includes exchange of information, promotion of best practices, sharing of resources and provision of assistance. The network will also facilitate cooperation with the Commission and the European Aviation Safety Agency (EASA). It will have an advisory and coordination role and will not have the status of a new EU body. Responsibility for safety investigations will rest with the national authorities.

      As regards the conduct of safety investigations, the draft regulation includes in particular the following common requirements:

      • every accident has to be investigated by an independent body, that is, the safety investigation authority of the Member State in which the accident occurred. Such an investigation also has to be undertaken in the case of a serious incident involving aircraft with a maximum take-off mass of over 2250 kg;
      • the state of registry, the state of the operator, the state of design and the state of manufacture of the aircraft concerned will be invited to designate accredited representatives to participate in the safety investigation;
      • when appropriate, the EASA should be invited to appoint a representative to participate as an advisor in investigations under the control and at the discretion of the national authority in charge;
      • coordination has to be ensured between safety investigations and possible judicial investigations instituted in parallel.

      The text sets out the rights and obligations of safety investigators and provides for protection of sensitive information and procedures for follow-up of safety recommendations issued as a result of the investigations. It also contains provisions on assistance to victims and their families.

      The proposed regulation is designed to modernise the existing EU legal framework in this field. It will replace Directive 94/56/EC, which laid the foundations of the European investigation and prevention system in civil aviation.

    council
    Transport, Telecommunications and Energy
    date
    2010-03-11
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  • date
    2010-04-15
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      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE439.970
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      Committee draft report
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      PE439.970
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    Committee draft report
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    EP
    date
    2010-05-04
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    Deadline Amendments
  • date
    2010-05-27
    docs
    • url
      http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=0768&year=2010
      title
      CES0768/2010
      type
      Economic and Social Committee: opinion, report
      celexid
      CELEX:52010AE0768:EN
    body
    ESOC
    type
    Economic and Social Committee: opinion, report
  • date
    2010-06-01
    text
    • The Committee on Transport and Tourism adopted the report drawn up by Christine DE VEYRAC (EPP, FR) on the proposal for a regulation of the European Parliament and of the Council on investigation and prevention of accidents and incidents in civil aviation.

      It recommended that the European Parliament's position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should amend the Commission proposal as follows:

      Purpose: this Regulation aims - notably through the establishment of a Network of Civil Aviation Safety Investigation Authorities - to improve aviation safety by ensuring a high level of efficiency, expedition and quality of European civil aviation safety investigations, including the exchange of ideas, experiences and practices between members of the Network.

      It also aims to establish rules on the availability of lists of all persons on board aircraft involved in accidents and to improve the assistance given to air accident victims and their families.

      Definitions: Members propose replacing the term 'causes' with the term 'factors' to mean actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident. They have also included the definitions of: 'deliberate act' which means an intentional act carried out with the aim of causing an aviation accident or serious incident; 'preliminary report' means the communication used for the prompt dissemination of data obtained during the early stages of the investigation; 'act of unlawful interference' shall mean an act or attempted act such as to jeopardise the safety of civil aviation and air transport, namely unlawful seizure of an aircraft in flight.

      Obligation to conduct an investigation: the safety investigation authorities should be able to conduct their investigations free of any form of pressure and entirely independently of regulatory or judicial authorities and in the interest of public safety protection. They shall be independent of any judicial or administrative proceedings or financial interests to apportion blame or liability.

      Safety investigation authority: each Member State shall ensure that safety investigations are conducted or supervised, without external interference, by a permanent civil aviation safety investigation authority  capable of independently carrying out a full safety investigation. In order to inform the public of the general safety level, a safety review shall be published annually by the safety investigation authorities.

      Cooperation between safety investigation authorities: these may be assisted by the Network. Specifically, the Network should supply to a safety investigation authority, at its request, a list of investigators and equipment available in the other Member States for potential use by the authority conducting an investigation.

      European Network: the Network shall seek to improve the quality of investigations conducted by safety investigation authorities and to strengthen their independence. It should help to make air transport safer by setting high standards in relation to investigation methods and investigator training. In order to produce a real value added compared with the current situation, a series of amendments define the tasks and missions that the Network should accomplish. It shall have responsibility in particular for: (a) preparing recommendations and advising the European institutions on all aspects of developing and implementing European policies and rules relating to civil aviation investigations and accident prevention and assistance to the victims of air accidents and their families; (b) developing the sharing of information ; (c) coordinating training and skills development programmes for the investigators; (d) establishing a register of good practice and developing a European safety investigation methodology; (e) strengthening the investigating capacities of the safety investigation authorities.

      The Network shall publish an annual report on its activities and forward it to the European Parliament, the Council and the Commission for information. This report must set out the results of the implementation of the annual work programme and its impact on improving aviation safety in the European Union. It shall be made public.

      Work organisation: the work of the Network shall be organised according to its rules of procedure. The Network shall be chaired by each of its members in turn under a rotating chairmanship that matches the presidency of the Council. The Network shall elect a coordinator for a renewable period of three years. The coordinator may be a member of the Network, an authority responsible for safety investigations in a Member State or a person with recognised experience in civil aviation safety investigation.

      Participation of the European Aviation Safety Agency (EASA) and national civil aviation authorities in investigations:within the scope of their competence, EASA and the national civil aviation authorities shall be invited by the safety investigation authorities of the Member States to be represented and to participate in investigations. Members propose that the EASA be termed as an 'adviser' as opposed to an 'expert'  in any safety investigation carried out in a third country to which a safety investigation authority of a Member State is invited to designate an accredited representative. The term 'adviser' is the appropriate term, used in ICAO's Annex 13. EASA and the national civil aviation authorities may not make public, without the agreement of the safety investigation authority in charge of the investigation, information that they obtain in the course of the investigation, or use it for purposes other than improving aviation safety.

      Accident investigators: Members consider it necessary that the investigator-in-charge should have immediate unrestricted and unhampered access to the site of the accident in order to gather and secure all evidence necessary to analyse and explain the factors related to the accident.

      Coordination of investigations: Member States shall ensure good cooperation between the safety investigation authorities, on the one hand, and other authorities likely to be involved in the activities related to the safety investigation, such as the judicial, civil aviation, search and rescue and other authorities, on the basis of advance arrangements. Members state these arrangements must contain the relevant provisions laid down in this Regulation, in particular as regards the protection of information obtained in the course of the technical investigation.

      Protection of sensitive data: Members state that it is essential that persons involved in an accident cooperate with the safety investigation in order to establish the causes of the accident. In this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents. However, while some types of data need to be kept strictly confidential, it is important, both for the families of accident victims and for the smooth functioning of the justice system, that the courts should have access to certain data and facts which are useful for judicial inquiries. This must be done in accordance with the relevant instructions issued to protect the continued confidentiality of the information once the judicial authorities have completed their work.

      The right balance among all interests including safety, justice and the protection of the victims and the persons involved is necessary to guarantee the overall public interest.

      When safety data is used as evidence in criminal proceedings pursuant to paragraph 2a, the fundamental rights of the persons involved, notably the rights to privacy and to a fair trial, shall be respected. Only the data strictly necessary for the criminal proceedings shall be disclosed, the rest being preserved by the investigation authority to the maximum extent possible.

      The use of recordings: the amended text stipulates that cockpit voice and image recordings and their transcripts shall not be made available or used for purposes other than safety investigation unless the safety investigation authority establishes that the accident was caused by a deliberate act or an act of unlawful interference.

      Information not relevant to the safety investigation, particularly information with a bearing on personal privacy, that is derived from cockpit voice and image recordings and their transcripts shall be subject to full protection and may not be forwarded or disclosed.

      Member States shall ensure that the use in legal proceedings of recordings and safety data arising from accident investigation does not breach the right to privacy or the right to a fair trial. Under all circumstances, the right not to incriminate oneself shall be preserved.

      Information to victims, their families or their associations: they should have priority access to information before it is made public, provided they have given contact details.

      Occurrence reporting: Members consider that the question of occurrence reporting is important and must be paid particular attention. Currently, the data contained in ECCAIRS are not analysed at European level. Analysing those data could make it possible to detect trends and to take action to prevent an accident. The amended text stipulates that the EASA shall, in collaboration with the Member States, participate regularly in the exchange and analysis of information covered by Directive 2003/42/EC and shall have online access to all information contained in the central repository established under Regulation (EC) No 1321/2007.

      Availability of passenger lists and contact with families: EU airlines and airlines departing from or arriving at an airport located in the territory of a Member State to which the Treaty applies shall implement procedures to produce a list of all the persons on board an aircraft, as soon as possible but at any rate within two hours of the notification of the occurrence of an accident to this aircraft, as well as a list of any dangerous goods on board which could constitute a threat to public health or to the environment. 

      In order to allow passengers' families to obtain information quickly concerning the presence of their relatives on board an aircraft involved in an accident, airlines and travel agencies shall offer travellers the opportunity to give the name and contact details of a person to be contacted in the event of an accident. This information may be used only in the event of an accident. It shall not be communicated to third parties and it may not be used for commercial purposes. The list of passengers shall not be publicly available before all families of the passengers have been informed by the relevant authorities and their agreement has been obtained.

      Assistance to victims and their families: the Member States shall ensure that a civil aviation accident emergency plan is set up at national level. At the same time it must be governed by certain common principles in the Member States, thereby ensuring a more comprehensive and harmonised response to such occurrences at European level.

      This emergency plan shall include in particular a plan for the assistance of the victims of civil aviation accidents and a plan for the rapid activation of airport emergency services in the event of an accident at take-off or landing in a Member State.

      When an accident occurs, the airline is the first point of contact for passengers' families. Member States must therefore check that the airlines established on their territory also have an appropriate crisis-response plan. Third-country airlines, too, must have such a plan.

      When an accident occurs, the Member State that is in charge of the investigation, or where the airline whose aircraft was involved in the accident is established, or that had a large number of nationals on board the aircraft involved in the accident, shall provide for the appointment of a reference person as a point of contact and information for the victims and their families.

      European travellers must be protected by the Montreal Convention irrespective of the company they fly with.

      Access to documents and the protection of personal data:Members consider that particular attention should be paid to the protection of personal data. The provisions of this Regulation shall apply in accordance with Directive 95/46/EC and Regulation (EC) No 45/2001 of the European Parliament and of the Council.

      Adaptations to technical progress: the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the TFEU concerning adaptations to technical progress, in particular with regard to modifications in the context of Annex 13 to the ICAO Convention, of the definitions in Article 2 and the Annex to this Regulation. Amendment of the Regulation: Members call for this Regulation to be subject to a review no later than 4 years after its entry into force. To this effect, and based inter alia on a wide consultation of stakeholders and the Network, the Commission shall assess the implementation of this Regulation and present a written review report, no later than five years after its entry into force, including proposals for legislative changes where necessary.

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    2010-09-20
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    Act adopted by Council after Parliament's 1st reading
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    2010-11-12
    text
    • PURPOSE: the adoption of new rules on investigation and prevention of accidents and incidents in civil aviation and to strengthen the rights of the victims of such catastrophes.

      LEGISLATIVE ACT: Regulation (EU) No 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC.

      CONTENT: following an agreement with the European Parliament at first reading, the Council adopted a Regulation on the investigation and prevention of accidents and incidents in civil aviation which updates the existing legal framework in this field.

      The new Regulation replaces Directive 94/56/EC which laid the foundations for the European system of investigation and prevention in the civil aviation field. It applies to safety investigations of serious accidents and incidents and aims to improve aviation safety by ensuring a high level of efficiency, expediency, and quality of European civil aviation safety investigations, the sole objective of which is the prevention of future accidents and incidents without apportioning blame or liability, including through the establishment of a European Network of Civil Aviation Safety Investigation Authorities.

      It also provides for rules concerning the timely availability of information relating to all persons and dangerous goods on board an aircraft involved in an accident. It also aims to improve the assistance to the victims of air accidents and their relatives.

      Authority responsible for safety investigations: each Member State shall ensure that safety investigations are conducted or supervised, without external interference, by a permanent national civil aviation safety investigation authority capable of independently conducting a full safety investigation, either on its own or through agreements with other safety investigation authorities. A safety investigation authority from one Member State may request the assistance of safety investigation authorities from other Member States.

      Obligation to investigate: every accident or serious incident involving aircraft other than specified in Annex II to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (EASA) shall be the subject of a safety investigation in the Member State in the territory of which the accident or serious incident occurred. Any person involved who has knowledge of the occurrence of an accident or serious incident shall notify without delay the competent safety investigation authority of the State of Occurrence thereof.

      Safety investigation authorities shall, provided that the requirement of no conflict of interest is satisfied, invite EASA and national civil aviation authorities of the Member States concerned, within the scope of their respective competence, to appoint a representative or to participate in investigations. Where a judicial investigation is carried out in parallel, it must in coordination with the safety investigation, the independence of which must be respected.

      Each safety investigation shall be concluded with a report in a form appropriate to the type and seriousness of the accident or serious incident. The report shall state that the sole objective of the safety investigation is the prevention of future accidents and incidents without apportioning blame or liability. The report shall contain, where appropriate, safety recommendations.

      European Network of Civil Aviation Safety Investigation Authorities: the currently informal cooperation between national civil aviation safety investigation authorities is transformed into a more formal European network.

      The Network shall seek to further improve the quality of investigations conducted by safety investigation authorities and to strengthen their independence. In particular, it shall encourage high standards in investigation methods and investigator training. Its tasks include advice on all aspects relating to the development and implementation of Union policy and rules in relation to safety investigations, the exchange of information, the promotion of best practices, the coordination of training activities and skills development for investigators, and the pooling of means and assistance. The network will also facilitate cooperation with the Commission and the EASA.

      Information and assistance to victims: when an accident occurs, airlines are required to communicate: i) as rapidly as possible, and at the latest within two hours of the notification of the occurrence of an accident, the list of all persons on board; b) immediately after the notification, the list of dangerous goods on board.

      Airlines shall offer travellers the opportunity to give the name and contact details of a person to be contacted in the event of an accident. Each Member State shall establish a civil aviation accident emergency plan at national level. Such an emergency plan shall also cover assistance, including psychological support, to the victims of civil aviation accidents and their relatives.

      ENTRY INTO FORCE: 02/12/2010.

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    Final act published in Official Journal
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      DE VEYRAC Christine
links added
National parliaments
other added
  • body
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    Mobility and Transport
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dossier_of_the_committee
TRAN/7/01484
reference
2009/0170(COD)
subtype
Legislation
legal_basis
  • Treaty on the Functioning of the EU TFEU 100-p2
stage_reached
Procedure completed
instrument
Regulation
title
Civil aviation safety: investigation and prevention of accidents and incidents (repeal. Directive 94/56/EC)
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject

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© European Union, 2011 – Source: European Parliament