EU agrees new rules to shield air crew
whistleblowers
Airline crew members will be shielded from reprisals when they report
incidents to air safety authorities, according to new legislation agreed by all
EU institutions yesterday (17 December).
The European Parliament's
transport committee endorsed a compromise text yesterday (17 December),
negotiated with EU member states earlier in December, on new EU rules aimed at
strengthening air safety and accident prevention, also known as the regulation
on "occurrence reporting".
"The agreement reached between the Parliament
and the Council is a true progress for air safety in Europe," said centre-right
MEP Christine de Veyrac (European People's Party, France), the rapporteur on the
dossier. "The negotiations were difficult but it was essential to ensure that
the strengthening of air safety is above any other consideration," she
said.
The inter-institutional compromise tackles both technical issues
and what is known as the "Just culture" dimension, "the core objective" of the
proposal, which lays more solid ground for protection of employees and crew
members who report safety incidents.
The agreement will introduce an
appeal mechanism for employees who find themselves punished in some way for
reporting an incident related to air safety as well as penal protection for the
whistleblower in all 28 EU member states.
The regulation also foresees a
mandatory closed list of examples of incidents that must be reported if they
occur, while safeguarding the possibility for a voluntary based mechanism of
reporting incidents not included in the list. In both cases, the reported
problems will have to be relayed to the competent national authorities, the
airline company, the manufacturer of the plane or the European Air Safety
Authority (EASA) depending on the nature of the problem.
More
importantly, the text will make it possible for whistleblowers in countries
where legal protection is lower or people who are employed in small airlines
where fear of self-incrimination tends to be greater, to directly notify the
problems to the European Aviation Safety Agency (EASA) if they are afraid of
repercussions at home.
As an example, in France there are 42,000 reported
incidents per year, while in Slovenia the number drops to two a year, a
difference which is "obviously due to fear of repercussions and
self-incrimination."
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