Activities of Jacqueline FOSTER related to 2012/0361(COD)
Plenary speeches (1)
Occurrence reporting in civil aviation (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on occurrence reporting in civil aviation amending Regulation (EU) No 996/2010 and repealing Directive No 2003/42/EC, Commission Regulation (EC) No 1321/2007 and Commission Regulation (EC) No 1330/2007 PDF (396 KB) DOC (493 KB)
Amendments (13)
Amendment 94 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a 3a. This Regulation applies to aircraft, with the exception of aircraft referred to in Annex II to Regulation (EC) No 216/2008. Member States may decide to apply this Regulation also to certain aircraft referred to in that Annex II, taking full account of the principle of proportionality.
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall, by means of implementing acts, adopt a list of occurrences which individuals listed in paragraph 3 have an obligation to report under mandatory occurrence reporting schemes in accordance with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2). This shall include simplified requirements for potential reporters flying aircraft other than complex motor- powered aircraft. This list shall contain occurrences which endanger or which, if not corrected or addressed, would endanger an aircraft, its occupants, any other person, equipment or installation affecting aircraft operations and shall concern at least the following categories: - occurrences related to the operation of the aircraft, such as collision related, take off and landing related and fuel related occurrences, in-flight occurrences, communication related occurrences, occurrences related to emergencies and other critical situations, crew incapacitation, meteorological conditions or security; - occurrences related to technical conditions, maintenance and repair of the aircraft, such as structural defects, system malfunctions, propulsion (including engines, propellers and rotor systems) and auxiliary power units; - occurrences related to air navigation services and facilities, such as collisions or potential collisions, ATM / ANS specific occurrences, ATM/ANS operational occurrences; - occurrences related to aerodromes and ground services such as occurrences related to aerodrome activities and facilities, handling of passengers, baggage, mail and cargo and aircraft ground handling and servicing.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. EveryThe persons listed in paragraph 3 shall report occurrences within the time-limit and in accordance with the requirements specified in Annex II point1scales required by Regulation 216/2008EC; where a particular sector is not covered by Regulation 216/2008 then they shall report within 72 hours of becoming aware if the occurrence, unless exceptional circumstances prevent this.
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Each organisation certified or approved by a Member Stateestablished in a Member State which is not covered by paragraph 6 shall report to the competent authority of that Member State, as referred to in Article 6(2), the details on occurrences collected in accordance with paragraph 1. Reports shall be made within the timescales required by Regulation 216/2008EC; where a particular sector is not covered by Regulation 216/2008 then their reports shall be made within 72 hours of becoming aware if the occurrence.
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Each organisation certified or approved by EASA shall report to the EASA the details on occurrences collected in accordance with paragraph 1. Reports shall be made within the timescales required by Regulation 216/2008/EC
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Each organisation certified or approved by a Member Stateestablished in a Member State and not covered by paragraph 5 shall report to the competent authority of that Member State, as referred to in Article 6(2), the details on occurrences collected in accordance with paragraph 1.
Amendment 120 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each organisation established in a Member State shall designate one or more personsput in place a mechanism to handle the collection, evaluation, processing, analysis and storage of details onf occurrences reported in accordance with Articles 4 and 5. These designated persons shall work separately and independently from other d handling of these reports shall be organised so as to appropriately safeguard the confidentiality of the repaortmentser and of the organisationinvolved personnel with a view to fostering a Just Culture.
Amendment 130 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Each organisation certified or approved by a Member State shall report, where requiredestablished in a Member State, which is not covered by paragraph 3a, shall report, to the competent authority of the Member State, as referred to in Article 6(2), the initial result of the analysis performed in accordance with paragraph 1 and theany actions required to be taken in accordance with paragraph 2 within 30 days from the day of notification of the occurrence. The final result of the analysis must be reported as soon as it is available.
Amendment 134 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Each organisation certified or approved by EASA shall report to the Agency the first results of the analysis performed in accordance with paragraph 1 and any action to be taken in accordance with paragraph 2 within 30 days from the day of notification of the occurrence. The final result of the analysis shall be reported as soon as they are available.
Amendment 137 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. A hard deadline of three months for submission of a final report will rarely be possible for investigations that examine the cause of accidents and serious incidents. Recognising that all parties have an interest in concluding such investigations at the earliest opportunity and that no two investigations are identical, no specific time limit should be set. The ICAO standards recognise a similar situation by quoting a 12 month 'if possible' period for the final report into accidents and incidents by an investigating authority.
Amendment 147 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 18 concerning the Annexes to this Regulation in order to adapt the Annexes to technical progress,; to align the Annexes with the international agreed taxonomy ADREP, with other legislations adopted by the Union and with international agreements,; to update the list of interested parties and the request for European Central Repository information form,; and to ensure that the scope of incidentlist of occurrences to be reported under the mandatory scheme remains appropriate, contains a specific section on operations involving non- complex aircraft, and in particular reflects the emergence of new safety risks; and to supplement and update the list of mandatory data fields. A proposal for a delegated act in relation to Annex 1 and Annex 2 will be based on an EASA Opinion. In developing the Opinion, the Network of Aviation Safety Analysts shall be consulted.
Amendment 156 #
Proposal for a regulation
Annex 1
Annex 1
Amendment 164 #
Proposal for a regulation
Annex 3 – part a – point 1
Annex 3 – part a – point 1
1. (a) Manufacturers: designers and manufacturers of aircraft, engines, propellers and aircraft parts and appliances, and their respective associations; designers and manufacturers of Air Traffic Management (ATM) systems and constituents; designers and manufacturers of systems and constituents for Air Navigation Services (ANS); designers and manufacturers of systems and equipments used on the air side of aerodromes