Evolution of Just Culture in occurrence reporting a legal/legislative perspective

Similar documents
Introducing the new Appendix 2 to Annex 13

Just Culture Policy EUROCONTROL

AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT

The Liability of Air Traffic Control Agencies - The Ueberlingen Midair Collision Case Study

MEMORANDUM OF COOPERATION

Safety KPA. Regional Performance Framework Workshop, Baku, Azerbaijan, April ICAO European and North Atlantic Office. 9 April 2014 Page 1

The EU Aviation Package Consultation process ECA Submission & Position Paper EU Strategy & ECA Next Steps

Judicial system and Just Culture. FLORENTINO-GREGORIO RUIZ YAMUZA. Senior Judge, Spain. Barcelona, Spain,24-26 May 2017.

Executive Director Decision

Reference No: Issue 6. Issue Date: 19/06/17. Focal: ASD

DANUBE FUNCTIONAL AIRSPACE BLOCK ANSP COOPERATION AGREEMENT BETWEEN BULGARIAN AIR TRAFFIC SERVICES AUTHORITY

Just Culture Questionnaire

COUNCIL SPECIAL MODEL SESSION

CHAIRMAN S SUMMARY OF THE 9 TH ASEM CUSTOMS DIRECTORS GENERAL/COMMISSIONERS MEETING HUA HIN, OCTOBER 2011

COMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

13335/12 GA/JGC/en DG E 2

Antitrust: policy paper on compensating consumer and business victims of competition breaches frequently asked questions (see also IP/08/515)

Save the Children s position on the Asylum and Migration Fund

PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

(12) Environmental information which is physically held by other bodies on behalf of public authorities should also fall within the scope of this

NOTICE OF PROPOSED AMENDMENT (NPA) No 08/2006 DRAFT OPINION OF THE EUROPEAN AVIATION SAFETY AGENCY,

COMMUNICATION FROM THE COMMISSION. On the global approach to transfers of Passenger Name Record (PNR) data to third countries

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

A TALE OF TWO CITIES SAFETY AND JUSTICE HOW THE BRIDGE MUST BE BUILT

European Union HORIZON 2020 PROGRAMME. Strategic Research Cluster Space Robotics Technologies. Collaboration Agreement

EUROPEAN PARLIAMENT DRAFT OPINION. Committee on Petitions PROVISIONAL. 6 September of the Committee on Petitions

Working document 01/2014 on Draft Ad hoc contractual clauses EU data processor to non-eu sub-processor"

IPCC BRIEFING: POLICING AND CRIME BILL

COUNCIL OF THE EUROPEAN UNION. Brussels, 8 March /12 JAI 154 SCHENGEN 20 COMIX 159

DIRECTIVE 95/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 24 October 1995

DISCRIMINATION OF CONSUMERS IN THE DIGITAL SINGLE MARKET

Guidelines on the application and setting of administrative fines for the purposes of the Regulation 2016/679

COUNCIL OF THE EUROPEAN UNION. Brussels, 10 November 2009 (OR. en) 15053/09 COSDP 991 PESC 1409 BIH 32 COWEB 236

Statistics Act. Chapter One GENERAL PROVISIONS

Guidelines for the handling of competition complaints, and complaints and disputes about breaches of conditions imposed under the EU Directives

AmCham EU Proposed Amendments on the General Data Protection Regulation

Telekom Austria Group Standard Data Processing Agreement

COUNCIL OF THE EUROPEAN UNION. Brussels, 27 May 2008 (OR. en) 9405/08 COSDP 383 PESC 562 COAFR 143 CONUN 46 CHAD 26

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 11 January /07 Interinstitutional File: 2004/0287 (COD) LIMITE VISA 7 CODEC 32 COMIX 25

Continuing airworthiness of type design (CAP) PR.CAP

1. What sort of passenger information will be transferred to US authorities?

ARTICLE 29 Data Protection Working Party

CIVIL AVIATION (INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS) (JERSEY) ORDER 2000

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

THE ATTACHED DOCUMENT I. COOPERATION BETWEEN JICA AND THE ROYAL GOVERNMENT OF CAMBODIA

ECN RECOMMENDATION ON COMMITMENT PROCEDURES

2. Miscellaneous amendments of Act of Amendment of Aer Lingus Act 2004.

Review of Day 3. The Environmental Information Regulations 2004 BCS CERTIFICATE IN FREEDOM OF INFORMATION - DAY 4

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,

14520/13 MI/ns 1 DG F 2A

Paragraph No: 21.A.165, sub-paragraph (f) point 3

Table of Content. Acronym of the Project Consortium Agreement, version., YYYY-MM-DD

COMMISSION STAFF WORKING DOCUMENT. Best practices on the implementation of the hotspot approach. Accompanying the document

PE-CONS 71/1/15 REV 1 EN

Recommendation of the Council for Development Co-operation Actors on Managing the Risk of Corruption

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

ECAC Constitution and Rules of Procedure <<< Preface

WHISTLE BLOWING POLICY

MEMORANDUM OF UNDERSTANDING CONCERNING CONSULTATION, COOPERATION AND THE EXCHANGE OF INFORMATION

IBAC Technical Report Summary. Subject: ICAO Aviation Security. Meeting: ICAO AVSECP/20 Meeting March 30 April 3, IBAC File: Security

GDPR. EU General Data Protection Regulation. ebook Version 1.2

Civil Aviation (Investigation of Air Accidents and Incidents Regulations) (as amended and as applied to the Isle of Man)

The Scottish Further and Higher Education Funding Council. Standard Terms and Conditions of Contract for professional services.

Possible Injustice in Just Culture

Spring Conference of the European Data Protection Authorities, Cyprus May 2007 DECLARATION

Guidance on consumer enforcement CAP 1018

Guiseppe Carrabba, OPSP member, Italy Zeno Welsersheimb, OPSP member, Austria Dirk Sajonz, OPSP member, Germany

EUROPEAN UNION. Brussels, 4 April 2014 (OR. en) 2011/0297 (COD) PE-CONS 8/14 DROIPEN 1 EF 6 ECOFIN 21 CODEC 47

REGULATION (EU) No 439/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 May 2010 establishing a European Asylum Support Office

COUNTRY OPERATIONS PLAN OVERVIEW

Opinion 3/2019 concerning the Questions and Answers on the interplay between the Clinical Trials Regulation (CTR) and the General Data Protection

Brussels, 16 May 2006 (Case ) 1. Procedure

Adequacy Referential (updated)

COMMISSION DECISION. of setting up the Expert Group on Digital Cultural Heritage and Europeana

Official Journal of the European Union L 131/7. COUNCIL DECISION of 14 May 2008 establishing a European Migration Network (2008/381/EC)

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

The Management of Risk Arising out of Foreign Accidents Litigated in the United States and Abroad (GRM012)

COUNCIL OF THE EUROPEAN UNION. Brussels, 7 July 2005 (28.07) (OR. nl) 10900/05 LIMITE CRIMORG 65 ENFOPOL 85 MIGR 30

Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 (SI 2004 No.

Study on methodologies or adapted technological tools to efficiently detect violent radical content on the Internet

DIRECTIVE 2014/57/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on criminal sanctions for market abuse (market abuse directive)

Only appropriately regulation for the agency work industry can effectively drive job creation, growth and competitiveness

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

THE IMPORTANCE OF TRADE SECRET PROTECTION

COMP Article 1. Article 1 Subject matter and objectives

1. The duties and responsibilities of the Committee shall include the following:

(1) The term the Commission of the European Communities ( 1 ) Position of the European Parliament of 18 April 2012 (not yet

AN INTRODUCTION TO THE LAW OF CONTRACT

Profiles of border guards and other relevant staff to be made available to the European Border and Coast Guard Teams

Community Involvement in Crime Prevention

The Enforcement Guide

Seminar organized by the Supreme Administrative Court of Poland and ACA-Europe

Personal Data Protection Act

L 346/42 Official Journal of the European Union

MEMORANDUM OF UNDERSTANDING

Introduction to the Environmental Crime Directive 2008/99/EC

REN REDES ENERGÉTICAS NACIONAIS, SGPS, S.A.

EU STANDARD CONTRACTUAL CLAUSES (PROCESSORS)

Transcription:

Evolution of Just Culture in occurrence reporting a legal/legislative perspective Seminar on Just Culture in the context of occurrence reporting schemes Brussels, 19 April 2012 Fredrik KÄMPFE Deputy Chief Legal Adviser, EASA

Overview 1. Just Culture what s law got to do with it? 2. JC elements in (occurrence reporting) legislation 3. What should be achieved in a new occurrence reporting scheme? 4. Concluding messages 19/04/2012 Evolution of JC in occurrence reporting 2

1. JC what s law got to do with it? Just - justice? - judiciary? - fair? Culture shared and accepted beliefs, way of life, art and customs - Culture of justice? - Culture of fairness? - Culture of? Whose justice, fairness? Whose shared and accepted beliefs? 19/04/2012 Evolution of JC in occurrence reporting 3

1. JC what s law got to do with it? What does it instruct those it applies to? Just - justice? - judiciary? - fair? Culture shared and accepted beliefs, way of life, art and customs Who does it apply to? What (positive) effect to achieve? Who is/are beneficiaries of such effect? 19/04/2012 Evolution of JC in occurrence reporting 4

1. JC what s law got to do with it? (How) Can JC be legislated (at all)? Society elements Human behaviour Perception Conflicting public good Different Regulators 19/04/2012 Evolution of JC in occurrence reporting 5

1. JC what s law got to do with it? What is the concrete legal purpose of legislating JC for occurrence reporting? Perhaps: to provide an aviation safety system which encourages a high level of reporting without reporter s having to fear retributions. 19/04/2012 Evolution of JC in occurrence reporting 6

Conceptualising JC A Just Culture is the end-result of the proper and well balanced application of several different elements on all levels and by all actors. Examples: Protection Use Interests Confidentiality By company Reporters interests De-identification By aviation authorities By other authorities Authorities interests Public interests. interests 19/04/2012 Evolution of JC in occurrence reporting 7

2. JC elements in (occurrence reporting) legislation National laws prehistoric Basically implementing relevant provisions of ICAO Annexes and guidance Sometimes law, sometimes not. National variations, subject to national/domestic law (and cultures) Varying level of enforcement Base line: Minimum Annex 13 level 19/04/2012 Evolution of JC in occurrence reporting 8

2. JC elements in (occurrence reporting) legislation Regulation 3922/91 JAR coat hanger 3922/91 as such did not contain JCrelevant provisions concerning reporting Gradually, as more JAR s were annexed to 3922/91, some JC elements concerning reporting were introduced. Notably EU-OPS contain some such elements. Base line: Reporting scheme with no blame protect identity/source restricted use/purpose of enhancing safety Flight recorders restricted use/purpose of accident/incident investigation 19/04/2012 Evolution of JC in occurrence reporting 9

2. JC elements in (occurrence reporting) legislation Directive 94/56/EC Accident investigation Article 7 Accident report Article 8 Incident report Article 10 Safety recommendation Base-line: Accident report: restricted use/purpose (no blame) Incident report: protect identity/source Safety recommendation: no blame, no liability 19/04/2012 Evolution of JC in occurrence reporting 10

2. JC elements in (occurrence reporting) legislation Reg 1592/2002 1 st EASA Regulation Article 11 Information network (between Commission-EASA-NAAs + dissemination to interested parties) Base-line: NAAs to ensure appropriate confidentiality for information received Restricted use/purpose (based on what s needed to improve aviation safety) Limited dissemination to privileged group to protect confidentiality 19/04/2012 Evolution of JC in occurrence reporting 11

2. JC elements in (occurrence reporting) legislation Directive 2003/42/EC Occurrence reporting Article 8 Protection of information Article 9 Voluntary reporting Base-line: Protect identity/source - restricted use/purpose of the objective of the Directive No proceedings against reporters in respect of unpremeditated/inadvertent infringements without prejudice to penal law Employees who report incidents shall not be subject to prejudice by employers Caveat: no prejudice to national rules related to access to information by judicial authorities Voluntary reporting: strict confidentiality and de-identification 19/04/2012 Evolution of JC in occurrence reporting 12

2. JC elements in (occurrence reporting) legislation Reg 216/2008 2 nd EASA Regulation Article 15 Information network (between Commission-EASA-NAAs + dissemination to interested parties) Article 16 Protection of the source of information Base-line: Art 15 Essentially same as under 1592/2002 Art 16 Voluntary provided information = protect identity/source No proceedings against reporters in respect of unpremeditated/inadvertent infringements without prejudice to criminal law + not if gross negligence Employees who report incidents shall not be subject to prejudice by employers - without prejudice to criminal law + not if gross negligence Caveat: no prejudice to national rules related to access to information by judicial authorities 19/04/2012 Evolution of JC in occurrence reporting 13

2. JC elements in (occurrence reporting) legislation Reg 691/2010 Performance Scheme Article 2 defines JC for the Regulation Annex 1 assigns the minimum level of the measure of the JC as the 3 rd key performance indicator Base-line: No substantive JC (protective) element (which is logical since the purpose of the Regulation is se-up mechanisms to measure the level of JC (elements..) 19/04/2012 Evolution of JC in occurrence reporting 14

2. JC elements in (occurrence reporting) legislation Reg 996/2010 Accident investigation Recitals 22-26 E.g. advancement of the principle of Just Culture (24) Article 12 Coordination of investigation Article 14 Protection of sensitive information Article 15 Communication of information Article 16 Investigation report Article 17 Safety recommendation Article 19 Occurrence reporting Article 21 Assistance to victims/relatives Base-line: Protect identity/source restricted use only for purpose of the Safety investigation resp. discharge of safety related obligations resp. improvement of aviation safety Balancing of interests: access for judiciary only if benefits of disclosure outweigh the negative effect disclosure would have on (present or future) safety investigation + interests of victims/relatives reflected Protect of personal data; reference to professional secrecy Investigation report: no blame/liability; anonymity Safety recommendation: no blame/liability Controlled cooperation between safety investigation and judicial investigation 19/04/2012 Evolution of JC in occurrence reporting 15

Reflections 1: The different elements I went looking for. Protection Use Interests Confidentiality In company Reporters interests De-identification By aviation authorities By other authorities Authorities interests Public interests. interests.do already exist to certain degrees 19/04/2012 Evolution of JC in occurrence reporting 16

Reflections 2: Several elements of JC already exist in legislation Not every element of JC can be covered by EU legislation Important to understand how much can be achieved in hard law and what we should lave to other measures/processes 19/04/2012 Evolution of JC in occurrence reporting 17

Reflections 3: JC involves everybody JC therefore needs to be addressed at EU level at national level at company level at individual level 19/04/2012 Evolution of JC in occurrence reporting 18

3. What should be achieved in the new Occurrence Reporting Scheme? Transpose the JC elements from Directive 2003/42/EC? Enhance with what we have in the EASA Regulation and R 996/2010? Less? More? Different? What do we need (in addition) to make it work? 19/04/2012 Evolution of JC in occurrence reporting 19

4. Concluding messages Even if JC as such may be difficult to legislate, the constituting elements can be legislated Not all elements can be legislated by the EU legislator = build bridges Not all elements can/should be legislated at all = think of alternatives to legislation Several elements of JC already exist in today s EU legislation = build on this experience JC involves everybody at all levels, and is everybody's responsibility; the weakest link will break the chain = involve/inform/educate all Monitor and Enforce the existing and future system 19/04/2012 Evolution of JC in occurrence reporting 20

Thank you for your attention!