DAVID LEARMOUNT / LONDON
European airlines are concerned that a move towards improved incident reporting and safety data sharing in the region may be thwarted by ministers because of differences in European Union (EU) member states' legal systems. Although the European Commission had recommended - and parliament had approved - protection for employees who file voluntary reports of minor incidents that may have gone unnoticed, the EU Council of Ministers has turned down the proposal.
Director general of the European Regions Airline Association (ERA) Mike Ambrose says "airlines must encourage their employees to report events" as the reports could highlight system failures and prevent accidents. This, he says, should be applicable to everyone from ground crew to pilots. The European Parliament notes: "The objective of the reports is to prevent accidents and incidents and not to determine fault or responsibility." The difference among transport ministers has been between those whose law is based on the Napoleonic code that requires innocence to be proven, and those whose law presumes innocence until guilt is proven - with the latter in favour of the reporting system as originally proposed.
Following the Transport Council's rejection, the EC and Parliament have reframed the proposed law. Only those who file voluntary reports of events that have come to light by virtue of their reports would be protected, and instead of asking countries to modify their laws to give protection to voluntary reporters, the proposal now asks them to agree to "refrain from instituting procedures" against them. It was never the intention that a report revealing gross negligence would protect the reporter. But charter airline organisation the International Air Carriers Association says: "The council will likely reject the amendment on confidential reporting and this will lead to the conciliation procedure which will stall adoption for at least several months."
Source: Flight International
