Commission staff working document



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EN



COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.10.2009

SEC(2009) 1477 final





COMMISSION STAFF WORKING DOCUMENT

accompanying the

Proposal for a


REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on investigation and prevention of accidents and incidents in civil aviation

IMPACT ASSESSMENT

{COM(2009) 611 final}
{SEC(2009) 1478}

TABLE OF CONTENTS

1. Procedural issues and consultation of interested parties 4

1.1. Context of the Impact Assessment 4

1.2. Ex-Ante Evaluation 4

1.3. Public consultations 5

1.4. Impact Assessment Board 6

2. Background – Air Safety and Accident Investigation 6

2.1. Air Safety in the EU 6

2.1.1. Social and economic costs of air accidents 7

2.2. The need for independent accident investigation and occurrence reporting 8

2.2.1. Organisation of accident investigation and the parties involved 9

2.2.2. Role of occurrence reporting in civil aviation 10

2.3. Current regulatory framework for accident investigation and occurrence reporting in the EU 11

2.3.1. Civil aviation accident investigation 11

2.3.2. Occurrence reporting in civil aviation 13

3. Problem Definition - The need for change 13

3.2. Lack of a uniform investigating capacity in the EU 14

3.3. Tensions between safety investigations and other proceedings 16

3.3.1.1. Cooperation between the authorities involved in accident investigation 17

3.3.1.2. Protection of sensitive safety information 19

3.4. Unclear role of the Community in safety investigations 21

3.5. Weaknesses in implementation of safety recommendations 25

3.6. Protection of the rights of air crash victims and their families 28

3.7. Who is affected, in what ways, and to what extent? 30

3.8. Does the EU have the right to act? 31

3.8.1. The added value of Community Action 31

3.8.2. The proportionality of the Community action 32

4. Objectives 32

5. Policy options 37

6. Analysis of impacts 51

6.1. Introduction and rating of impacts 51

6.2. Safety impacts related to identified problem areas 52

6.3. Economic, social and environmental impacts 53

6.4. Impacts on fundamental rights 54

6.5. Geographical scope of impacts including on international relations 54

6.6. Risk analysis 55

7. Cost-efficiency and administrative burden 56

8. Comparing the options 58

8.1. Which method was applied and how impacts have been weighted? 58

8.2. Results of the weighting between the policy options 60

8.3. Which of the policy options has the biggest added value? 60

9. Monitoring and evaluation 61

9.1. Indicators and methods for the monitoring of the preferred policy option 61

Annexes 64




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