6 Amendments of Antonio CANCIAN related to 2012/0361(COD)
Amendment 83 #
Proposal for a regulation
Recital 7
Recital 7
(7) Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation aims at preventing accidents by facilitating the conduct of expeditious, efficient and qualitative safety investigations. This Regulation should not interfere with the process of accidents and incidents investigations managed by national Safety Investigation Authorities as defined in Regulation (EU) No 996/2010. In case of an accident or serious incident the notification of the occurrence is also subject to the provision of article 9, paragraph 1, Regulation (EU) No 996/2010.
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'gross negligence'’ means a manifest and wilful violation of the duty of care directly causing foreseeable damage to a person or to a property, or which seriously lowers the level of aviation safety. conscious and voluntary failure of the observance of a minimum level of diligence, prudence and expertise according to the aviation service or activity provided by the person involved in the occurrence and to his particular professional skills.
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. In case of an accident or serious incident the notification of the occurrence is also subject to the provision of article 9, paragraph 1, Regulation (EU) No 996/2010.
Amendment 143 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States and EASA shall refrain from instituting proceedings in respect of unpremeditated or inadvertent infringements of the law which come to their attention only because they have been reported in application of Articles 4 and 5. This rule shallMember States may choose not to apply this rule in cases of gross negligence. Where a Member State or EASA institutes proceedings, the information contained in the occurrence report shall not be used by the Member State or EASA against the person reporting or persons involved in the occurrence.
Amendment 146 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Each Member State shall establish a body responsible for the implementation of this Article. Employees can report to this body infringements to the rules established by this Article and shouldall not be penaliszed for reporting such infringements. Where appropriate, the designated body shall propose to its Member State the adoption of penalties as referred to in Article 21 towards the employer.
Amendment 155 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. This Regulation shall apply twenty four months after the entry into force of this Regulation and not before the entry into force of the implementing measures referred to in Article 4(2a) and Article 7(1a). Article 7 paragraph 2 shall apply once the delegated and implementing acts specifying and developing the European common risk classification scheme referred to in Article 7(6) and (7) enter into force.