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Document 22022D0647
Decision of the EU/ICAO joint Committee of 10 March 2022 on the adoption of a Working Arrangement between the European Union and the International Civil Aviation Organization regarding the cooperation in the area of accident and incident reporting in civil aviation (2022/647)
Decision of the EU/ICAO joint Committee of 10 March 2022 on the adoption of a Working Arrangement between the European Union and the International Civil Aviation Organization regarding the cooperation in the area of accident and incident reporting in civil aviation (2022/647)
Decision of the EU/ICAO joint Committee of 10 March 2022 on the adoption of a Working Arrangement between the European Union and the International Civil Aviation Organization regarding the cooperation in the area of accident and incident reporting in civil aviation (2022/647)
PUB/2022/249
OJ L 118, 20.4.2022, p. 79–84
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
20.4.2022 |
EN |
Official Journal of the European Union |
L 118/79 |
DECISION OF THE EU/ICAO JOINT COMMITTEE
of 10 March 2022
on the adoption of a Working Arrangement between the European Union and the International Civil Aviation Organization regarding the cooperation in the area of accident and incident reporting in civil aviation (2022/647)
THE EU/ICAO JOINT COMMITTEE,
Having regard to the Memorandum of Cooperation between the European Union and ICAO providing a framework for enhanced cooperation, signed at Montréal and Brussels on 28 April and 4 May 2011 (MoC), and in particular its Articles 3.3 and 7.3(c);
Having regard to the Annex on Aviation Safety to the MoC, and in particular its Article 3.1;
Having regard to the ICAO Global Aviation Safety Plan (GASP) (ICAO Doc 10004) and the global safety initiatives (GSI);
Having regard to the Global Aviation Safety Roadmap (GASR, 2006) regarding the implementation of international sharing of data/global data reporting system;
Having regard to Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (1);
Having regard to Regulation (EU) No 996/2010 of the European Parliament and of the Council (EU) of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (2);
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (3),
Considering that the definitions of ICAO Accident/Incident Data Reporting (ADREP) taxonomy are primarily based on ICAO Standards and Recommended Practices (SARPs), manuals and guidance material;
Considering that there is a need amongst the ADREP and the European Coordination Centre for Accidents and Incident Reporting System (ECCAIRS) users in ICAO Member States to further utilise information derived from data collection, analysis and sharing to identify safety threats and contributing factors on a global scale;
Considering that the safety of air navigation and harmonisation progress of international civil aviation rely on recognised standards such as the ADREP system and recognising the importance of mutual assistance and cooperation in the field of safety management and data base systems;
Considering the obligation within the European Union of the European Union Aviation Safety Agency (EASA) to assist the European Commission in the management of the European Central Repository that stores all occurrence reports collected in the European Union, and in particular its task to develop and maintain a new version of the ECCAIRS software suite called ECCAIRS 2;
Considering that EASA has taken over all the functions that the European Commission Directorate-General of the Joint Research Centre (JRC) currently performs in relation to the ECCAIRS software suite as of 1 January 2021;
Considering that it is therefore necessary to replace the Working Arrangement done at Montréal on 21 September 2011 regarding the cooperation in the area of accident and incident reporting in civil aviation;
HAS ADOPTED THIS DECISION:
Article 1
The Working Arrangement annexed to this Decision is hereby adopted, and replaces the Working Arrangement done at Montréal on 21 September 2011 regarding the cooperation in the area of accident and incident reporting in civil aviation.
Article 2
This Decision shall enter into force on the day of its adoption.
For the EU/ICAO Joint Committee:
The Chairpersons [only signatures]
(1) OJ L 122, 24.4.2014, p. 18.
ATTACHMENT TO THE DECISION OF THE EU/ICAO JOINT COMMITTEE OF 10 MARCH 2022
WORKING ARRANGEMENT BETWEEN THE INTERNATIONAL CIVIL AVIATION ORGANIZATION AND THE EUROPEAN UNION
REGARDING THE COOPERATION IN THE AREA OF ACCIDENT AND INCIDENT REPORTING IN CIVIL AVIATION
This Working Arrangement contains mutually agreed mechanisms and procedures necessary to effectively implement cooperation activities between the International Civil Aviation Organization (ICAO) and the European Union (EU).
ICAO and the EU are hereinafter referred to individually as the ‘Party’ or collectively as the ‘Parties’.
1. OBJECTIVE OF THE WORKING ARRANGEMENT
1.1. |
This Working Arrangement, which comes under purview of the Memorandum of Cooperation (MoC) and its Annex on Aviation Safety, in particular Articles 3.3 and 7.3(c) of the MoC, has the objective to implement cooperation between the Parties aimed at supporting and promoting, where possible, each other’s activities in the area of accident and incident reporting in civil aviation. |
1.2. |
In order to achieve the objectives of this Working Arrangement, the Parties agree on the following general approach:
|
2. SPECIFIC ACCOMMODATION BETWEEN THE PARTIES
2.1. |
In order to promote the usage of the ADREP taxonomy, see point 1.2 b) above, the Parties agree on the following:
|
2.2. |
In order to promote the usage of the ECCAIRS 2, see point 1.2 c) above, the Parties agree on the following:
|
2.3. |
In order to harmonise and share efforts in training and support, see point 1.2 d) above, the Parties agree to the following:
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2.4. |
In order to collaborate on the establishment of the ECCAIRS 2 database, the Parties agree to the following:
|
3. MANAGEMENT
3.1. |
ICAO and EASA shall each designate points of contact to serve as coordinators with responsibility for joint activities. The coordinators may nominate other staff members to represent them or to attend meetings. |
3.2. |
Correspondence on all practical matters related to this Working Arrangement shall be between the coordinators. |
3.3. |
The Parties will, as necessary, hold meetings to consider the progress of cooperation activities in accordance with this Working Arrangement. |
4. FUNDING
4.1. |
Except where otherwise specifically agreed by the Parties through separate arrangements, each Party bears the cost of any expenditure it incurs relating to the performance of its tasks under this Working Arrangement. |
4.2. |
All activities conducted pursuant to this Working Arrangement shall be subject to the availability of appropriate funds, personnel and other resources as well as to the applicable laws and regulations, policies and programmes of each Party. |
5. INTELLECTUAL PROPERTY
5.1. |
The ADREP taxonomy is and remains intellectual property of ICAO. |
5.2. |
The ECCAIRS 2 system and related software tools are and remain intellectual property of the EU. |
5.3. |
The Parties are not responsible for the quality or the quantity of the data collected. |
5.4. |
Each Party acknowledges the ownership and all rights in and to its copyrights, trademarks, name, logos and any other intellectual property. Either Party’s use of the other Party’s intellectual property is subject to the other Party’s prior written approval. If such approval is given, the usage shall be on a non-exclusive basis and the Party using the intellectual property of the other Party shall strictly comply in good faith with the written instructions of the other Party and with its guidelines and specifications. |
6. AMENDMENTS AND TERMINATION
6.1. |
This Working Arrangement may be modified or amended by a decision of the EU/ICAO Joint Committee. |
6.2. |
This Working Arrangement may be terminated at any time by either Party giving six (6) months’ notice in writing to the other Party. |
(1) https://www.easa.europa.eu/