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proposal before Parliament could, if approved, see a similar
law in force within two years. “There were legal constraints
preventing us from going as far as we wished in respect of
incident reporting,” says Francis Schubert, legal representative
of Swiss navigation service provider Skyguide. “A proper legal
framework would give secure legal certainty regarding
protection. It would also make the EU directive for incident
reporting applicable in non-EU Switzerland.”
Schubert wants more clarity to be introduced. “The most
dangerous situation is legal uncertainty, where people who
report don’t know exactly what will happen. We have to
recognise there are different, equal, legal interests involved. It
is not only about safety, it is also about proper administration
Some States are more
successful than others in
achieving the right
balance between the
relevant aviation, judicial
and political authorities
169
of justice and somewhere there must be a balance. It is up to
the State to decide where it wants that balance.”
Some States are more successful than others in achieving
the right balance between the relevant aviation, judicial and
political authorities. The UK and Sweden have set up practical
working arrangements in which the Ministry of Justice does
not interfere when a controller reports an incident. The
regulator has an agreement with the judicial authorities that
allow it to act as the guardian of confidential information. The
arrangements ensure lessons are being learnt rather than
taking people to court and the UK has been able to amass a
large amount of data that it uses to contribute to safer
working practices.
In all these instances, the protection from immunity is
qualified and the regulator provides confidentiality except in
cases of gross negligence, substance abuse or incompetence.
Tony Licu, EUROCONTROL SSAP Programme Manager believes
a great deal of progress can be made by States themselves.
“Internally they can fix most of the legal, managerial and
organisational problems.” For example, since the start of the
European runway incursion programme by EUROCONTROL,
incident reports have risen from zero to one per day. “There
are no more incidents than before, but operators now have an
increased awareness and confidence to report.” Licu makes
the point that a just culture has been established, where the
regulator allows independent reporting and acts as a guarantor
in front of the judicial system that the cases of negligence,
wilful or destructive acts will not be tolerated.
The SAFREP task force found that punishing air traffic
controllers or pilots with fines or license suspension, as well as
biased press reports, has led to a reduction the reporting of
incidents and sharing of safety information. It also recognises
that the need for a culture that encourages honest reporting
is not yet reconciled with the judicial system and legislators. It
warns that the situation may get worse if no immediate
action is taken.
PROFILE
170
EUROCONTROL overview
EUROCONTROL is an intergovernmental organisation with 35
Member States1. Its primary objective is the development of a
seamless, pan-European Air Traffic Management (ATM) System.
Originally established in 1960 as an international organisation
dealing with air traffic control for civil and military users in the
upper airspace of its six founding European Member States
(Belgium, Germany, France, Luxembourg, the Netherlands and
the United Kingdom), EUROCONTROL now pioneers advances in
air traffic management technology, operational procedures and
system interoperability.
EUROCONTROL mission
Working closely with Member States, Air Navigation Service
Providers (ANSPs), civil and military airspace users, airports, the
aerospace industry, professional organisations and European
institutions, EUROCONTROL is committed to ensuring that
airspace users and passengers can continue to benefit from a
safe, expeditious and efficient European air transport system.
Its goals are to:
• Heighten air traffic safety
• Increase airspace capacity
• Reduce air traffic delays
• Enhance the air traffic management system’s costeffectiveness
• Minimise the impact of air traffic on the environment
EUROCONTROL activities
With some 2,400 experts based in seven European countries,
EUROCONTROL’s core activities are spread over four main areas
of activity:
1. Co-operative Network Design covers ATM strategies and
　
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