Activities of Jörg LEICHTFRIED related to 2009/0170(COD)
Plenary speeches (2)
Investigation and prevention of accidents and incidents in civil aviation (debate)
Investigation and prevention of accidents and incidents in civil aviation (debate)
Amendments (20)
Amendment 72 #
Proposal for a regulation
Recital 10
Recital 10
(10) Safety investigation of accidents and incidents should be carried out by or under the control of an independent safety investigation authority in order to avoid any conflict of interest and any possible external interference in the determination of the causefactors of the occurrences being investigated.
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should, in compliance with the legislation in force as regards the powers of the authorities responsible for the judicial inquiry and, where appropriate, in close collaboration with those authorities, ensure that the authorities responsible for safety investigations of civil aviation accidents and incidents are allowed to carry out their tasks in the best possible conditions; the objectives of a judicial inquiry should not be compromised eitherwithout being hampered, while allowing for the proper administration of justice.
Amendment 77 #
Proposal for a regulation
Recital 17
Recital 17
(17) The civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality to ensure the future availability of valuable sources of information; in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents unless there is an overriding public interest in its disclosure. Member States should enact legislation preventing the inappropriate use of sensitive safety information.
Amendment 80 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) An accident raises a number of different and sometimes conflicting public interests such as the prevention of future accidents and the good administration of justice. These go beyond the individual interests of the parties involved and beyond the specific event. 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.
Amendment 81 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(17a) The provision of assistance to the victims, their families or their associations should be separate from the accident investigation itself. Nevertheless, the accident investigation authority has a responsibility to provide relevant and timely information to the victims' families and the survivors of the accident.
Amendment 91 #
Proposal for a regulation
Article 2 – introductory phrase – point 4
Article 2 – introductory phrase – point 4
(4) 'cause‘factors' means actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident; the identification of causefactors does not imply the assignment of fault or the determination of administrative, civil or criminal liability;
Amendment 96 #
Proposal for a regulation
Article 2 – point 16 a (new)
Article 2 – point 16 a (new)
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Safety investigations referred to in paragraph 1 and 3 shall in no case be concerned with apportioning blame or liability. They shall be separatindependent of any judicial or administrative fprom and without prejudice to any judicial or administrative proceedings to apportion blame or liabilityceedings. Member States shall enact appropriate legislation to coordinate accident investigations with judicial or administrative proceedings and to prevent the inappropriate use of safety information.
Amendment 118 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The safety investigation authority shall notify without delay the Commission, EASA, ICAO and the Member States concerned of the occurrence of all accidents and serious incidents of which it has been notified.
Amendment 119 #
Proposal for a regulation
Article 12 – paragraph 2 – point (a)
Article 12 – paragraph 2 – point (a)
(a) have immediate unrestricted and unhampered access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;
Amendment 122 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If, in the course of the safety investigation, the safety investigation authority suspectfinds that an act of unlawful interference was involved in the accident or incident, the investigator-in-charge shall immediately inform the judicial authorities thereof, at the request of which the control of the accident site shall be transferred to these authorities. Subject to Articles 15 and 16, the relevant information collected in the safety investigation shall be also transferred to these authorities upon their request. This shall be without prejudice to the right of the safety investigation authority, in coordination with the authorities to which the control of the site was transferred, to continue the safety investigation.
Amendment 128 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. To ensure proper coordination of inquires into the causes of accidents and incidents, the safety investigation authority shall cooperate with other authorities in particular through advance arrangements with the judicial, civil aviation, search and rescue and other authorities likely to be involved in the investigation. Member states shall ensure that advance arrangements with the judiciary are in accordance with the guidlines set out in Annex [X] to this Regulation.
Amendment 131 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 135 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Notwithstanding paragraphs 1 and 2, safety data referred to in these paragraphs may be used as evidence and be demanded for inspection or be seized, if it concerns a criminal investigation into a hostage- taking, murder or an offence with the intention of frightening the population or part of the population of a country, or forcing a government or an international organisation to do, omit or tolerate something, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.
Amendment 136 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. 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.
Amendment 137 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2b. When safety data is used as evidence in criminal proceedings pursuant to paragraph 2b, the information provided by a person in the framework of the safety investigation cannot be used against that person.
Amendment 139 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Except with the consent of all crew members concerned, cockpit voice and image recordings and their transcripts shall not be made available or used for purposes other than safety investigation.
Amendment 141 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The flight data recorder recordings shall not be made available or used for purposes other than safety investigation, except when such records are: (a) used for airworthiness or maintenance purposes only; or and (b) de-identified; or and (c) disclosed under secure procedures.
Amendment 144 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The head of the safety investigation authority is authorised to inform victims and their families or their associations or, make public any information on issues of immediate concern, such as the release of human remains and personal effects held as part of the investigation, information on the factual observations and the proceedings of the safety investigation and possibly preliminary conclusions and/or, preliminary reports and safety recommendations, provided that it does not compromise the objectives of the investigation.
Amendment 168 #
Proposal for a regulation
Article 25 - introductory part
Article 25 - introductory part
Member States shall lay down the rules on penalties applicable to infringement of the provisions of this Regulation. TWithout prejudice to the right against self- incrimination, the penalties provided for shall be effective, proportionate and dissuasive and shall, in particular, allow sanctioning any person who, contrary to this Regulation: