Occurrences in civil aviation — reporting, analysis and follow-up
Regulation (EU) No 376/2014 — reporting, analysis and follow-up of civil aviation accidents and incidents
WHAT IS THE AIM OF THE REGULATION?
It aims to improve aviation safety in the EU and globally by ensuring that relevant safety information relating to civil aviation is reported, collected, stored, protected, exchanged, disseminated and analysed.
The regulation sets out rules on:
the reporting of occurrences which would endanger an aircraft, its occupants and any other person, equipment or installation affecting aircraft operations;
the reporting of other relevant safety-related information in that context.
Occurrences which may represent a significant risk to aviation safety must be reported, including those related to:
the operation of the aircraft, e.g. collision-related events and in-flight events;
technical conditions, maintenance and repair of an aircraft, e.g. structural defects and system malfunctions;
air navigation services and facilities, e.g. collisions, near collisions or potential for collisions;
aerodromes and ground services, e.g. handling of passengers, bags, mail and cargo.
The comprehensive list of occurrences to be reported under mandatory systems is detailed in Commission Implementing Regulation (EU) 2015/1018.
The responsible persons in each case (e.g. the pilot or the person signing an airworthiness certificate) must report occurrences within 72 hours of becoming aware of them, unless exceptional circumstances prevent this.
Each organisation established in an EU country must set up mandatory and voluntary reporting systems for the collection, evaluation, processing, analysis and storage of occurrences reported.
Each EU country and the European Aviation Safety Agency (EASA) must set up mandatory and voluntary reporting systems for the collection, evaluation, processing, analysis and storage of occurrences reported, including those reported to them by the organisations.
Small organisations may be allowed to put in place a simplified mechanism for the collection and storage of details of occurrences.
Each EU country and the EASA must send the occurrences they have collected to a European central repository (ECR) that is managed by the European Commission.
The regulation requires the Commission to develop, no later than 15 May 2017, a common European risk classification scheme to enable the organisations, EU countries and the EASA to classify occurrences according to their safety risk.
Exchange of information
Through the ECR, the EU countries and the EASA must make all safety-related information stored in their respective reporting databases available to the competent authorities of the other EU countries, the EASA and the Commission.
Any person or organisation entrusted with regulating civil aviation safety or any safety investigation authority within the EU has full access, secure and online, to information on occurrences contained in the ECR.
Confidentiality and protection of sources of information
Handling of reports must be done with a view to preventing the use of information for purposes other than safety.
In order to promote a ‘just culture’, safeguards must be put in place to keep the identity of the reporter and those mentioned in the occurrence reports confidential.
Employees must not be subject to any prejudice by their employer on the basis of an occurrence report. A few exceptions are defined such as the case of wilful misconduct on the part of an employee.
Except if national criminal law envisages otherwise, EU countries cannot institute proceedings on the basis of reports against sources and, in the event of proceedings, the information outlined in the record of events must not be used against the reporters or the persons mentioned in the record of events. An exception to this rule is made where there has been a serious disregard of an obvious risk and a profound failure of professional responsibility to take such care as is evidently required in the circumstances, which could cause foreseeable damage to a person or property, or seriously compromise the level of aviation safety.
FROM WHEN DOES THE REGULATION APPLY?
It has applied since 15 November 2015.
For more information, see:
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 (OJ L 122, 24.4.2014, pp. 18-43)
Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, pp. 1-17)
last update 26.10.2016