CELEX: 51994PC0102
Language: en
Date: 1994-03-29
Title: Amended proposal for a COUNCIL DIRECTIVE establishing the fundamental principles governing the investigation of civil aviation accidents and incidents

No C 109/ 14                            Official Journal of the European Communities                                   19. 4. 94
             Amended proposal for a Council Directive establishing the fundamental principles governing the
                                    investigation of civil aviation accidents and incidents
                                                          (94/C 109/08)
                                                     (Text with EEA relevance)
                                                COM(94) 102 final — SYN 519
              (Submitted by the Commission pursuant to Article 189A (2) of the EC Treaty on 29 March 1994)
                   ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
                                                                                            New Récital
                                                                     Whereas Member States should endeavour to achieve the
                                                                     closest possible cooperation between the technical
                                                                     enquiry and the judicial enquiry, to ensure that those
                                                                     responsible for both procedures can accomplish their
                                                                     tasks ;
                                                      Article 2, paragraph 2
2. This Directive shall also apply outside the territory             2. This Directive shall also apply outside the territory
of the European Community to investigations of serious               of the European Community to investigations of
incidents involving aircraft registered in a Member State            incidents involving aircraft registered in a Member State
or operated by an undertaking established in a Member                or operated by an undertaking established in a Member
State, when such an investigation is not carried out by              State, when such an investigation is not carried out by
another State .                                                      another State .
                                               Article 5, paragraph 2, first indent
— unimpaired access to the site of the accident or                   — unimpaired access to the site of the accident or
    incident as well as to the aircraft or its wreckage ;                incident as well as to the aircraft, its wreckage and
                                                                         cargo, including baggage ;
                                                                                       Article 7, paragraph 4
                                                                                                (new)
                                                                     4. The Member States shall take the necessary
                                                                     measures in order to ensure the publication of the report.
 ---pagebreak--- 19 . 4 . 94                           Official Journal of the European Communities                              No C 109/ 15
                   ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                                                   Article 9, paragraph 2
2. The Member States shall take the necessary                     2. The Member Sûtes shall take the necessary
measures in order to ensure that the safety recommen­             measures in order to ensure that the safety recommen­
dations from the investigation body are duly taken into           dations from the investigation body are duly taken into
consideration and acted upon where appropriate without            consideration and acted upon where appropriate without
prejudice to the Community law and in particular that             prejudice to Community law.
concerning the functioning of the internal market.
                                                          Article 10
1 . The analysis and conclusions drawn from the inves­             1 . Only the factual information collected shall be
tigation or arising from it shall not be used to apportion         allowed to be used to assist any other enquiries or
blame or within the context of proceedings to determine           actions resulting from the specific accident or incident.
liability.
2. A safety recommendation does not by itself create a             2. A safety recommendation does not by itself create a
presumption of blame or liability for an accident or               presumption of blame or liability for an accident or
incident.                                                          incident.
3. Investigation reports shall not be used for disci­              3.    Deleted
plinary action.
4.      The Member States shall, in the context of Articles        4.    Deleted
5 and 6, take the necessary measures to protect investi­
gators from involvement in litigation proceedings
intended to apportion blame or liability arising from an
accident or incident.
                                                                                            Article 12a
                                                                                               (new)
                                                                    1.   No later than 31 December 1995, the Commission
                                                                   shall submit to the European Parliament and the Council
                                                                   proposals for :
                                                                    (a) the setting up of mandatory incident reporting
                                                                        systems in each Member State and a Community
                                                                        system coordinating these national data bases ;
                                                                    (b) the establishment of a confidential system of
                                                                        voluntary incident reporting;
                                                                    (c) compensation for victims of air transport accidents ;
                                                                    2.    the Council shall take a decision on these proposals
                                                                    not later than 30 June 1996.