12 Amendments of Spyros DANELLIS related to 2009/0170(COD)
Amendment 69 #
Proposal for a regulation
Recital 7
Recital 7
(7) The European Aviation Safety Agency carries out on behalf of the Member States the functions and tasks of the State of Design, Manufacture and Registry when related to design approval, as specified in the Chicago Convention and its Annexes, and therefore, without prejudice to the provisions of Annex 13 of the Convention, should be represented during a safety investigation to contribute to its efficiency and to ensure safety of aircraft design, without affectingas well as the independent status of the investigation.
Amendment 70 #
Proposal for a regulation
Recital 8
Recital 8
(8) Given its increasing safety responsibilities, the European Aviation Safety Agency should also participate in the exchange of data in the framework of the occurrence reporting systems; t and analyse them in cooperation with all the Member States. The findings thereof must be reported to all national accident investigation authorities in the Member States. This data should be adequately protected from unauthorised use or disclosure.
Amendment 74 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) Τhe investigating authorities play a core role in the inquiry process. Their work is of the utmost importance in determining the causes of an accident or incident. It is therefore essential that they should be able to conduct their investigations promptly, free of any form of pressure and entirely independently of regulatory or judicial authorities, while disposing of the necessary funding and manpower to carry out their investigations efficiently and effectively.
Amendment 75 #
Proposal for a regulation
Recital 10 c (new)
Recital 10 c (new)
(10c) All parties involved in the accident should be given the opportunity of participating in the inquiry but must not become involved in investigations regarding the causes of the accident or incident; this should remain the exclusive task of the investigating authority, so as to avoid undermining its independence.
Amendment 78 #
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 and data protection 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. . In this connection it is necessary to apply the principle of 'a just culture' under which penalties are not imposed on individuals for actions, omissions or decisions conditioned by their experience and training, while at the same time, gross negligence, wilful violations and destructive acts are not tolerated. 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. While certain information must remain confidential, for the sake of the families of the victims and the proper administration of justice, it is important to ensure that judicial authorities have access to certain facts and data of relevance to the legal investigation. 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 investigations.
Amendment 79 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) While certain information must remain confidential, for the sake of the families of the victims and the proper administration of justice, it is important to ensure that judicial authorities have access to certain facts and data of relevance to their investigation. 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.
Amendment 82 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The nature of the measures taken in response to an accident and the consequences thereof are of decisive importance. The Member States and the airlines must be able to deal with a major air disaster from not only the technical organisational and financial point of view, but also with regard to the victims and their families. The investigating authorities must exercise particular care in their contacts with victims and their families, forestalling as far as possible any other alternative sources of information. Finally, it is necessary to recognise the role of associations representing the families of air disaster victims.
Amendment 85 #
Proposal for a regulation
Article 1
Article 1
This Regulation, and in particular the creation of a Network of accident investigation authorities, aims to improve aviation safety by ensuring a high level of efficiency, diligence, and quality of European civil aviation safety investigations, through the exchange of ideas and knowledge between members of the Network, the sole objective of which is the prevention of future accidents and incidents without apportioning blame or liability. This regulation seeks also to establish rules concerning 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.
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission and EASA shall be invited and may be represented at all the meetings of the Network and its expert working groups, unless the chairperson or coordinator of the Network decides, on the basis of the criteria specified in the rules of procedure, that such participation would create a conflict of interest with the tasks of the safety investigation authorities. This decision must be duly substantiated.
Amendment 145 #
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 the factual observations and the proceedings of the safety investigation and possibly preliminary conclusions and/or recommendations, provided that it does not compromise the objectives of the investigation and fully complies with provisions regarding the protection of personal data.
Amendment 160 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Member States shall ensure that a plan for the assistance of the victims of civil aviation accidents and their families is set up at nationaln 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 ocurrences at European level.
Amendment 163 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. The emergency plan should include in particular provisions concerning assistance for victims of aviation accidents and their families as well as 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.