Update on the Implementation of Regulation (EU) No 996/2010. Olivier Ferrante DG MOVE

Transcription

1 Update on the Implementation of Regulation (EU) No 996/2010 Olivier Ferrante DG MOVE

2 Outline Background - Relationships with ICAO - EU Legislation process Regulation (EU) No 996/2010 of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation

3 ICAO Regulation (EU) No 996/2010 transposes a number of the SARPs contained in Annex 13 EU legislation covers accident investigation, incident reporting and confidentiality /protection along ICAO principles

4 Working Arrangement European Commission and the International Civil Aviation Organization (ICAO) In the working arrangement the European Commission has committed itself to promote the use of the ICAO categorization scheme as the standard for reporting and exchanging accident and incident information within the EU. ICAO, on the other hand, will promote the use of European Co-ordination Centre for Accident and Incident Reporting Systems (ECCAIRS) software, developed by the European Commission s Joint Research Centre, for the collection of accident and incident information to its Contracting States. Finally, in relation to the use of ECCAIRS software, both the European Commission and ICAO will share and harmonize their training and supporting efforts and material for the benefit of all ECCAIRS end-users. Signed on 5 May 2011

5 ECCAIRS (an ICAO supported tool) European Co-ordination Centre for Accident & Incident Reporting Systems

6 Facilitation of Safety Data Exchanges with ECCAIRS BFU Consistent data for proactive safety Exchanging data TRAINING SOPs SOPs Harmonized training Coding procedures ICAO ECCAIRS 4 ADREP 2000 Same system Common taxonomy SAFETY (JUST) CULTURE Sharing concepts

7 EU Legislation Main responsibilities of the Commission: Right of initiative Watchdog of the Treaties Commission makes proposals Parliament and Council are co-legislators Consultation of Economic and Social Committee and Committee of Regions Parliament and Council adopt Commission monitors application by Member States, may report to the Court of Justice

8 Impact at national level MS chooses how to transpose EU Directives, while EU Regulations are directly applicable EU legislation must be complied with Commission has Enforcement Powers

9 Regulation (EU) No 996/2010 Regulation (EU) No 996/2010 of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC Official Journal of the European Union n L.295 of 12 November 2010 p. 35

10 Regulation Provisions The responsibility for accident investigation rests with the Member States All accidents and serious incidents in civil aviation must be subject of a safety investigation (art.5 1) Member States are free to investigate any other incident (art.5 4) The independence of safety investigation authorities is strengthened

11 Civil Aviation Safety Investigation Authority (SIA) It is a permanent authority; SIA is functionally independent in particular of aviation authorities; SIA has unrestricted authority over the conduct of the safety investigations; SIA must possess the financial and human resources required to conduct effective and efficient investigations.

12 Regulation Provisions Clarification of EASA role in the investigation (art.8): EASA, as a certification authority, cannot be judge and party; According to ICAO Annex 13, EASA participates to investigations as an «adviser»; Better implementation of safety recommendations (art.17 and art.18) 0bligation to reply to every recommendation within 90 days Provide justification when recommendation rejected Establishment of a European database of safety recommendations (Safety Recommendations Information System)

13 The Network of Safety Investigation Authorities Creation of the European Civil Aviation Investigation Authorities Network ENCASIA (art.7): Chairman: Mr. Ulf Kramer (BFU, Germany) Vice-Chairman: Mr. Keith Conradi (AAIB, United Kingdom) Elected for three years by ENCASIA Members on 19 January 2011 in Brussels

14 ENCASIA Formalises and strengthens the existing cooperation (from CEASIA to ENCASIA) Not an Agency Seeks to further improve the quality of investigations quality by a stronger cooperation between MS (sharing of good practices and resources, peer reviews, investigator training, etc.) Assists European Institutions on all aspects of development of policies and rules relating to safety investigations and the prevention of accidents and incidents

15 Relations between Safety Investigation and Judiciary Investigation Regulation 996/2010 does not regulate the procedure of judiciary investigation Guaranty of immediate and unlimited access to and use of evidence by investigator-in-charge (art.12 1) Obligation of an open cooperation through the establishment of advance arrangements between safety investigation authorities and other authorities involved such as judiciary (art. 12 3)

16 Two investigations after a civil aviation accident Safety investigation Aviation Safety Improvements Mutual access (factual basis) Before After CVR, FDR data Witness statements Wreckage, site, etc. Accident Sensitive data (Non-divulgation) Judicial investigation Apportion of blame and liabilities

17 Simplified Representation of Access to Safety Information Mutual access (factual basis) Annex 13 framework CVR, FDR data Witness statements Wreckage, site, etc. Accident Aviation Safety Improvements -Draft reports -Data provided by foreign safety investigation authorities -Safety analyses -Data stemming from confidential reporting systems (from FOIA) Separation of analytical processes Sensitive (Non-divulgation) Judicial Framework (IRC) -Complementary works -Judicial experts reports -Undertaking of International Letters Rogatory Apportion of blame and liabilities

18 Safety Information Protection Sensitive information: Principle: they are used only for purpose of safety investigation (art.14 1 et 2) Decision to disclose is taken according to national law (art.14 3) No unique European provision for the transmission of information to justice Recall of «just culture» principle

19 Occurrence Reporting Better prevention with provision on occurrence reporting (art.19): Access granted for EASA and competent authorities of the MS to the European Central Repository (ECR) which contained civil aviation occurrences from 27 MS Analysis of the data contained in the ECR in order to take preventive and corrective safety actions

20 Provisions on Victims and Families Availability of a list of all the persons on board in a two hour maximum deadline (art.20) Better assistance for victims and families (art.21): Possibility to indicate an emergency contact person Obligation to inform families on investigation progress Designation of an unique contact point for families Obligation for MS to establish emergency plan; Obligation for airlines to establish crisis plan Obligation of minimum insurance for the compensation of victims and families

21 Thank you for your attention