RECOMMENDATION FOR SECOND READING on the Council common position for adopting a European Parliament and Council directive on occurence reporting in civil aviation
(8133/1/2002 – C5‑0312/2002 – 2000/0343(COD))
9 October 2002 - ***II
Committee on Regional Policy, Transport and Tourism
Rapporteur: Gerard Collins
At the sitting of 14 June 2001 Parliament adopted its position at first reading on the proposal for a European Parliament and Council directive on occurence reporting in civil aviation (COM(2000) 847 – 2000/0343 (COD)).
At the sitting of 3 July 2002 the President of Parliament announced that the common position had been received and referred to the Committee on Regional Policy, Transport and Tourism (8133/1/2002 – C5‑0312/2002).
The committee had appointed Gerard Collins rapporteur at its meeting of 24 January 2001.
It considered the common position and draft recommendation for second reading at its meetings of 10 September 2002 and 8 October 2002.
At the last meeting it adopted the draft legislative resolution unanimously.
The following were present for the vote: Luciano Caveri, chairman; Rijk van Dam, Gilles Savary and Helmuth Markovvice-chairmen; , Konstantinos Hatzidakis, acting rapporteur; Sylviane H. Ainardi, Emmanouil Bakopoulos, Carlos Bautista Ojeda (for Camilo Nogueira Román), Rolf Berend, Felipe Camisón Asensio, Luigi Cocilovo, Jan Dhaene, Den Dover (for Dana Rosemary Scallon), Garrelt Duin, Alain Esclopé, Giovanni Claudio Fava, Mathieu J.H. Grosch, Catherine Guy-Quint (for John Hume), Ewa Hedkvist Petersen, Juan de Dios Izquierdo Collado, Georg Jarzembowski, Elisabeth Jeggle (for Karla M.H. Peijs), Karsten Knolle (for Jacqueline Foster), Dieter-Lebrecht Koch, Giorgio Lisi, Emmanouil Mastorakis, Erik Meijer, Rosa Miguélez Ramos, Jan Mulder (for Isidoro Sánchez García, pursuant to Rule 153(2)), Francesco Musotto, James Nicholson, Josu Ortuondo Larrea, Wilhelm Ernst Piecyk, Giovanni Pittella (for Danielle Darras), Samuli Pohjamo, Bernard Poignant, José Javier Pomés Ruiz, Alonso José Puerta, Reinhard Rack, Encarnación Redondo Jiménez (for Sérgio Marques, pursuant to Rule 153(2)), Ingo Schmitt, Elisabeth Schroedter (for Nelly Maes), Brian Simpson, Dirk Sterckx, Ulrich Stockmann, Margie Sudre, Joaquim Vairinhos, Jaime Valdivielso de Cué (for Carlos Ripoll i Martínez Bedoya, pursuant to Rule 153(2)), Ari Vatanen, Herman Vermeer, Dominique Vlasto (for Philip Charles Bradbourn), Christian Ulrik von Boetticher (for Renate Sommer) and Mark Francis Watts.
The recommendation for second reading was tabled on 9 October 2002.
The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session.
DRAFT LEGISLATIVE RESOLUTION
European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on occurence reporting in civil aviation (8133/1/2002 – C5‑0312/2002 – 2000/0343(COD))
(Codecision procedure: second reading)
The European Parliament,
– having regard to the Council common position (8133/1/2002 – C5‑0312/2002),
– having regard to the Commission's amended proposal (COM(2001) 532),
– having regard to Article 251(2) of the EC Treaty,
– having regard to Rule 80 of its Rules of Procedure,
– having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5‑0347/2002),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
Amendment by Gerard Collins
|Council common position||Amendments by Parliament|
|Amendment by Gerard Collins|
Article 8, paragraph 2a (new)
2a. Member States shall refrain from instituting proceedings in respect of unpremeditated or inadvertent breaches of the law, which come to its attention only because they have been reported under the national mandatory occurrence-reporting scheme, except in cases of gross negligence.
In situations where a reported occurrence is the result of an act of gross negligence, Member States must be permitted to institute proceedings. The Council in its Common Position modified this Article and deleted the reference to gross negligence. The phrasing of this amendment is according to the amended Commission proposal COM(2001) 532, which takes into account the EP's amendment in first reading on this point.
Article 8a (new)
Member States shall adapt their laws, regulations and administrative provisions to permit the disidentification of voluntary reports of non reportable occurrences by bodies created to collect, analyse and disseminate to parties able to use it for improving aviation safety, information on observed deficiencies in the aviation system perceived by the reporter as an actual or potential hazard.
|(See Commission proposal COM(2000) 847, Article 9)|
The Parliament in its first reading considered Article 9 on confidential reporting indispensable and adopted it as proposed by the Commission. However, the Council in its Common Position deleted it. This Article should be reinstated due to the importance of confidential reports for a better understanding of human factors, which may be involved in the occurrence of air accidents.
Air traffic is set to double over the next ten years. This, in itself, is going to bring pressure on the whole air network system. It is crucial that the highest standard of air safety is maintained within the European Union.
It is equally clear that a large proportion of measures that are needed to improve air safety should be geared towards preventing accidents rather than just providing a response when accidents have happened. An incident involving two aircraft, in a near miss situation, happening in one EU member state is unknown in another Member State.
The directive in question establishes formal incident reporting systems which are designed to facilitate the collection of information on actual and potential shortcomings in the air safety industry. The setting up of systems for civil aviation authorities to share information from different reporting systems will enable all interested parties involved to learn from their mistakes and to produce a safer system for all air users. The objective of this directive is to contribute to the improvement of air safety by ensuring that essential information is reported and collected, stored and decimated to key civil aviation groupings in the different national member states in Europe.
The Council on June 18th last adopted its common position on the directive dealing with occurrences in civil aviation. The Council supports the main provisions of this directive. The Council accepted seven of the European Parliament’s amendments. The Council incorporated our amendments on the importance of ensuring consistency with the ICAO’s technical reporting requirements, protection and confidentiality of information as well as the two-year deadline for the entry into force of this directive. The Council did not accept the EP amendments relating to regular consultation with pilots’ organisations nor on regular reports concerning the implementation of the directive, neither of which was supported by the Commission.
One of the other concerns dealt with by the Commission proposal was the need to ensure that a high level of confidentiality is maintained. Without adequate safeguards in that connection, the effectiveness of the occurrence reporting system, and hence its usefulness in operational terms would be called into question. Rather interestingly, the Council’s approach to this matter was to delete in its entirety Article 9 of the Commission proposal, which referred to the need for confidential reporting. Originally, it was the opinion of this Parliament that such a provision was necessary. It is also the opinion of the European Commission that such a provision should be included in the directive. Your Rapporteur recommends reinstating Article 9 of the Commission proposal, due to the importance of confidential reports for a better understanding of human factors, which may be involved in the occurrence of air accidents.
In situations where a reported occurance is the result of an act of gross negligence, Member States must be permitted to institute proceedings. Article 8, paragraph 2a is therefore proposed to be reinstated.