10 Amendments of Artur ZASADA related to 2012/0361(COD)
Amendment 85 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is important to clearly set the line which protects the reporter from prejudice or prosecution by providWithout prejudice to the national rules of criminal law and a proper administration of justice, it is important to clearly set the line which protects the person involved in the reported occurrence from prejudice or any kind of punishment from their employer by encouraging aviation professionals to work towards achieving a common understanding of the term gross negligence, in accordance with the 'Just Culture' principles.
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘'Just Culture’' means a culture in which front line operators or others are not punished for actions, omissions or decisions taken by them that are commensurate with their experience and training, but wherein which gross negligence, wilful violations and destructive acts are not tolerated;
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘'safety management system (SMS)’' means a systematic approach to managing safety including the necessary organisational structures, accountabilities, policies and procedures; . For the purposes of this regulation, the term includes any management system that, independently or integrated with other management systems of the organisation, addresses the management of safety, provided that it fulfils all the ICAO requirements for such a system.
Amendment 118 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Any organisation established in a Member State that is not certified or approved by EASA shall report to the competent authority of that Member State, as referred to in Article 6(2), the details of relevant occurrences and other safety related information collected in accordance with paragraph 1. Member States may require any organisation established in their territory to report the details of all occurrences in accordance with paragraph 1.
Amendment 133 #
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 required, toEASA shall report to EASA and the competent authority of the Member State, as referred to in Article 6(2), the the first results 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 by the reporter. The final result of the analysis must be reported as soon as it is available.
Amendment 141 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. EASA shall ensure that all personal details such as names or addresses of individual persons are never recorded in the EASA database referred to in Article 6(5a). Such disidentified information shall be made available to all relevant parties notably to allow them to discharge their obligations in terms of aviation safety improvement. EASA shall process personal data only to the extent necessary for the purpose of this Regulation and without prejudice to Directive 95/46/EC.
Amendment 142 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Without prejudice to the applicable national rules of criminal law, Member States 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 shall not apply in cases of gross negligence.
Amendment 150 #
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 I to this Regulation in order to adapt the Annexes to technical progress, to align the Annexeslign it with the international agreed taxonomy ADREP and with ECCAIRS, with other legislational acts adopted by the Union and with international agreements, and to update the list of interested parties and the request for European Central Repository information form, and to ensure that the scope of incidents to be reported under the mandatory scheme remains appropriate provided in Annex II.
Amendment 152 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 7(6), 8(5), 11(9) and 17 shall be conferred on the Commission for an indeterminate period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of timeidentical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.