Activities of Christine DE VEYRAC 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)
Reports (1)
REPORT Report 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 PDF (413 KB) DOC (571 KB)
Amendments (15)
Amendment 83 #
Proposal for a regulation
Recital 24
Recital 24
(24) The measures necessary for the implementation of this Regulation should be adopted in accordance withUniform conditions of implementation should be ensured for the adoption of the Network’s work programme and for the preparation of the Network’s recommendations to the Commission on an aspect of the development and implementation of European policies and rules relating to civil aviation investigations and accident prevention and assistance to the victims of air accidents and their families. In accordance with Article 291 of the Treaty on the Functioning of the European Union, rules and general principles concerning mechanisms for the control by Member States of the Commission’s exercise of its implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In particular the Commission should be empowered to decide1 shall continue to apply, with the exception onf the rules ofegulatory procedures and the work program of the Network established under this Regulation with scrutiny, which is not applicable.
Amendment 84 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union 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. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level.
Amendment 97 #
Proposal for a regulation
Article 2 – point 16 a (new)
Article 2 – point 16 a (new)
(16a) ‘preliminary report’ means the communication used for the prompt dissemination of data obtained during the early stages of the investigation.
Amendment 99 #
Proposal for a regulation
Article 2 – point 16 a (new)
Article 2 – point 16 a (new)
(16a) ‘families’ means the immediate relatives or next of kin of the victim of an accident or serious incident;
Amendment 105 #
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 independent, separate from and without prejudice to any judicial or administrative proceedings to apportion blame or liability.
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. The rules of procedure of the Network and its work programme shall be decided in accordance with the tasks assigned to the Network under Article 7(2). The work programme shall be adopted in accordance with the procedure referred to in Article 24. The chairpersonoordinator of the Network shall present the draft of the rules of procedure and of the draft work programme to the Commission.
Amendment 124 #
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 investigMember States shall ensure good cooperation between the safety investigation authority and other authorities likely to be involved in the investigation, such as the judicial, civil aviation, search and rescue and other authorities, on the basis of advance arrangements. Those arrangements must respect the independence of the safety investigation authority and allow the technical investigation to be conducted diligently and efficiently. The arrangements must also comply with the rules laid down in this Regulation, such as the rule concerning the forwarding of certain information referred to in the second sub-paragraph of Article 15(2) of this Regulation.
Amendment 133 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. If the authority responsible for the administration of justice in a Member State is aware of information obtained in the context of the safety investigation, other than the information referred to in Article 15(2)(a), (b) and (c), which it is authorised to disclose, it may only disclose that information on condition that it is able to produce evidence thereof on the basis of the procedures made available to it in the context of the judicial procedure. If that is not the case, the information concerned shall remain confidential.
Amendment 146 #
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/orreports and safety recommendations, provided that it does not compromise the objectives of the investigation.
Amendment 147 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Before making public the information referred to in paragraph 3, the head of the safety investigation authority shall forward that information to the victims, the families or their associations. In particular, he must forward to the persons concerned, provided they have given contact details, the preliminary reports and the final report.
Amendment 156 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The list shall not be publicly available beforeIf a passenger has given details of a contact person as provided for under paragraph 2a, it is that contact person who must be informed of the passenger’s presence on board the aircraft involved in an accident. The list cannot be made public until all families of the passengers have been informed thereof by the relevant authorities. Member States may decide to keep all or part of the list confidential, in particular if specifically requested to do so by a victim’s family member.
Amendment 164 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Adaptation to technical progress 1. In order to take account of technical progress, the Commission may adopt, by means of delegated acts in accordance with Article 24b and in compliance with the conditions laid down in Articles 24c and 24d, adaptations to the definitions in Article 2 and to the provisions of the Annex to this Regulation, taking into account in particular the changes made to Annex 13 of the international civil aviation convention. 2. When adopting such delegated acts, the Commission shall act in accordance with the provisions of this Regulation.
Amendment 165 #
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24b Exercise of the delegation 1. The power to adopt the delegated acts referred to in Article 24a shall be conferred on the Commission for a period of five years following the entry into force of this Regulation. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 24c. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council. 3. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 24c and 24d.
Amendment 166 #
Proposal for a regulation
Article 24 c (new)
Article 24 c (new)
Article 24c Revocation of the delegation 1. The delegation of power referred to in Article 24a may be revoked at any time by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for revocation. 3. The revocation decision shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Amendment 167 #
Proposal for a regulation
Article 24 d (new)
Article 24 d (new)
Article 24d Objections to delegated acts 1. The European Parliament or the Council may raise objections to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by two months. 2. If, on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If the European Parliament or the Council raises objections to a delegated act, it shall not enter into force. The institution which raises objections shall state the reasons for objecting to the delegated act.