+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 (Text with EEA relevance)
---+Article 1 Objectives
------+Article 1 1.
------+Article 1 2.
---+Article 2 Definitions
---+Article 3 Subject matter and scope
------+Article 3 1.
------+Article 3 2.
---+Article 4 Mandatory reporting
------+Article 4 1.
------+Article 4 2.
------+Article 4 3.
------+Article 4 4.
------+Article 4 5.
------+Article 4 6.
------+Article 4 7.
------+Article 4 8.
------+Article 4 9.
---+Article 5 Voluntary reporting
------+Article 5 1.
------+Article 5 2.
------+Article 5 3.
------+Article 5 4.
------+Article 5 5.
------+Article 5 6.
------+Article 5 7.
------+Article 5 8.
---+Article 6 Collection and storage of information
------+Article 6 1.
------+Article 6 2.
------+Article 6 3.
------+Article 6 4.
------+Article 6 5.
------+Article 6 6.
------+Article 6 7.
------+Article 6 8.
------+Article 6 9.
------+Article 6 10.
---+Article 7 Quality and content of occurrence reports
------+Article 7 1.
------+Article 7 2.
------+Article 7 3.
------+Article 7 4.
------+Article 7 5.
------+Article 7 6.
------+Article 7 7.
------+Article 7 8.
---+Article 8 European Central Repository
------+Article 8 1.
------+Article 8 2.
------+Article 8 3.
------+Article 8 4.
---+Article 9 Exchange of information
------+Article 9 1.
------+Article 9 2.
------+Article 9 3.
---+Article 10 Dissemination of information stored in the European Central Repository
------+Article 10 1.
------+Article 10 2.
------+Article 10 3.
------+Article 10 4.
---+Article 11 Processing of requests and decisions
------+Article 11 1.
------+Article 11 2.
------+Article 11 3.
------+Article 11 4.
------+Article 11 5.
------+Article 11 6.
------+Article 11 7.
------+Article 11 8.
---+Article 12 Record of requests and exchange of information
------+Article 12 1.
------+Article 12 2.
---+Article 13 Occurrence analysis and follow-up at national level
------+Article 13 1.
------+Article 13 2.
------+Article 13 3.
------+Article 13 4.
------+Article 13 5.
------+Article 13 6.
------+Article 13 7.
------+Article 13 8.
------+Article 13 9.
------+Article 13 10.
------+Article 13 11.
------+Article 13 12.
---+Article 14 Occurrence analysis and follow up at Union level
------+Article 14 1.
------+Article 14 2.
------+Article 14 3.
------+Article 14 4.
---+Article 15 Confidentiality and appropriate use of information
------+Article 15 1.
------+Article 15 2.
------+Article 15 3.
------+Article 15 4.
---+Article 16 Protection of the information source
------+Article 16 1.
------+Article 16 2.
------+Article 16 3.
------+Article 16 4.
------+Article 16 5.
------+Article 16 6.
------+Article 16 7.
------+Article 16 8.
------+Article 16 9.
------+Article 16 10.
------+Article 16 11.
------+Article 16 12.
------+Article 16 13.
---+Article 17 Updating of the annexes
---+Article 18 Exercise of the delegation
------+Article 18 1.
------+Article 18 2.
------+Article 18 3.
------+Article 18 4.
------+Article 18 5.
---+Article 19 Committee procedure
------+Article 19 1.
------+Article 19 2.
---+Article 20 Access to documents and protection of personal data
------+Article 20 1.
------+Article 20 2.
---+Article 21 Penalties
---+Article 22 Amendment to Regulation (EU) No 996/2010
---+Article 23 Repeals
---+Article 24 Entry into force and application
------+Article 24 1.
------+Article 24 2.
------+Article 24 3.
---+ANNEX I LIST OF REQUIREMENTS APPLICABLE TO THE MANDATORY AND VOLUNTARY OCCURRENCE REPORTING SCHEMES
---+ANNEX II INTERESTED PARTIES
---+ANNEX III REQUEST FOR INFORMATION FROM THE EUROPEAN CENTRAL REPOSITORY
English - European Union - Aviation -

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 (Text with EEA relevance)

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

(Text with EEA relevance)

This Regulation shall be binding in its entirety and directly applicable in all Member States.

1. Oversigt

,
Titel Regulering
Article 1 Objectives
Article 2 Definitions

Article 2

Definitions

For the purposes of this Regulation the following definitions apply:

(1) 

‘reporter’ means a natural person who reports an occurrence or other safety-related information pursuant to this Regulation;

(2) 

‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

(3) 

‘incident’ means an incident within the meaning of Regulation (EU) No 996/2010;

(4) 

‘serious incident’ means a serious incident within the meaning of Regulation (EU) No 996/2010;

(5) 

‘accident’ means an accident within the meaning of Regulation (EU) No 996/2010;

(6) 

‘disidentified information’ means information arising from occurrence reports from which all personal data such as names or addresses of natural persons have been removed;

(7) 

‘occurrence’ means any safety-related event which endangers or which, if not corrected or addressed, could endanger an aircraft, its occupants or any other person and includes in particular an accident or serious incident;

(8) 

‘organisation’ means any organisation providing aviation products and/or which employs, contracts or uses the services of persons required to report occurrences in accordance with Article 4(6);

(9) 

‘anonymisation’ means the removal from occurrence reports of all personal details relating to the reporter and to the persons mentioned in occurrence reports and any details, including the name of the organisation(s) involved in the occurrence, which may reveal the identity of the reporter or of a third party or lead to that information being inferred from the occurrence report;

(10) 

‘hazard’ means a situation or an object with the potential to cause death or injury to a person, damage to equipment or a structure, loss of material, or a reduction of ability to perform a prescribed function;

(11) 

‘safety investigation authority’ means the permanent national civil aviation safety investigation authority conducting or supervising safety investigations as referred to in Article 4 of Regulation (EU) No 996/2010;

(12) 

‘just culture’ means a culture in which front-line operators or other persons are not punished for actions, omissions or decisions taken by them that are commensurate with their experience and training, but in which gross negligence, wilful violations and destructive acts are not tolerated;

(13) 

‘point of contact’ means:

(a) 

where a request for information is made by an interested party established in a Member State, the competent authority designated by each Member State in accordance with Article 6(3);

(b) 

where a request for information is made by an interested party established outside the Union, the Commission;

(14) 

‘interested party’ means any natural or legal person or any official body, whether or not having its own legal personality, that is in a position to participate in the improvement of aviation safety by having access to information on occurrences exchanged by the Member States and which falls within one of the categories of interested parties set out in Annex II;

(15) 

‘State Safety Programme’ means an integrated set of legal acts and activities aimed at managing civil aviation safety in a Member State;

(16) 

‘European Aviation Safety Plan’ means safety issues assessment and the related action plan at European level;

(17) 

‘European Aviation Safety Programme’ means the integrated set of regulations at Union level, together with the activities and processes used to jointly manage the safety of civil aviation at European level;

(18) 

‘safety management system’ means a systematic approach to managing aviation safety including the necessary organisational structures, accountabilities, policies and procedures, and includes any management system that, independently or integrated with other management systems of the organisation, addresses the management of safety.

Article 3 Subject matter and scope
Article 4 Mandatory reporting
Article 5 Voluntary reporting
Article 6 Collection and storage of information
Article 7 Quality and content of occurrence reports
Article 8 European Central Repository
Article 9 Exchange of information
Article 10 Dissemination of information stored in the European Central Repository
Article 11 Processing of requests and decisions
Article 12 Record of requests and exchange of information
Article 13 Occurrence analysis and follow-up at national level
Article 14 Occurrence analysis and follow up at Union level
Article 15 Confidentiality and appropriate use of information
Article 16 Protection of the information source
Article 17 Updating of the annexes

Article 17

Updating of the annexes

The Commission shall be empowered to adopt delegated acts in accordance with Article 18 in order to:

(a) 

update the list of mandatory data fields in occurrence reports laid down in Annex I where, in the light of experience gained in the application of this Regulation, changes prove necessary in order to improve aviation safety;

(b) 

update the request for European Central Repository information form provided in Annex III, to take account of experience gained and of new developments;

(c) 

align any of the Annexes with the ECCAIRS software and the ADREP taxonomy, as well as with legal acts adopted by the Union and with international agreements.

With a view to updating the list of mandatory fields, the Agency and the network of aviation safety analysts referred to in Article 14(2) shall provide the Commission with appropriate opinion(s).

Article 18 Exercise of the delegation
Article 19 Committee procedure
Article 20 Access to documents and protection of personal data
Article 21 Penalties

Article 21

Penalties

Member States shall lay down the rules on penalties applicable to infringements of this Regulation. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify to the Commission those provisions and any subsequent amendment affecting them.

Article 22 Amendment to Regulation (EU) No 996/2010

Article 22

Amendment to Regulation (EU) No 996/2010

Article 19 of Regulation (EU) No 996/2010 is deleted.

However, that Article shall remain applicable until the date of application of this Regulation in accordance with Article 24(3).

Article 23 Repeals

Article 23

Repeals

Directive 2003/42/EC, Regulation (EC) No 1321/2007 and Regulation (EC) No 1330/2007 are repealed. They shall remain applicable until the date of application of this Regulation in accordance with Article 24(3).

Article 24 Entry into force and application
ANNEX I LIST OF REQUIREMENTS APPLICABLE TO THE MANDATORY AND VOLUNTARY OCCURRENCE REPORTING SCHEMES




ANNEX I

LIST OF REQUIREMENTS APPLICABLE TO THE MANDATORY AND VOLUNTARY OCCURRENCE REPORTING SCHEMES

Note:  The data fields must be completed with the information requested. If it is not possible for the competent authorities of the Member States or the Agency to include that information because it has not been provided by the organisation or the reporter, the data field may be completed with the value ‘unknown’. However, with a view to ensuring that the appropriate information is transmitted, use of that ‘unknown’ value should, to the best extent possible, be avoided, and the report should, where possible, be completed with the information later.

1.   COMMON MANDATORY DATA FIELDS

When entering, in their respective databases, information on every occurrence mandatorily reported and, to the best extent possible, every occurrence voluntarily reported, organisations, Member States and the Agency must ensure that occurrence reports recorded in their databases contain at least the following information:

(1) 

Headline

— 
Headline
(2) 

Filing Information

— 
Responsible Entity
— 
File Number
— 
Occurrence Status
(3) 

When

— 
UTC Date
(4) 

Where

— 
State/Area of Occurrence
— 
Location of Occurrence
(5) 

Classification

— 
Occurrence Class
— 
Occurrence Category
(6) 

Narrative

— 
Narrative Language
— 
Narrative
(7) 

Events

— 
Event Type
(8) 

Risk classification

2.   SPECIFIC MANDATORY DATA FIELDS

2.1.    Aircraft-related data fields

When entering, in their respective databases, information on every occurrence mandatorily reported and, to the best extent possible, every occurrence voluntarily reported, organisations, Member States and the Agency must ensure that occurrence reports recorded in their databases contain at least the following information:

(1) 

Aircraft Identification

— 
State of Registry
— 
Make/Model/Series
— 
Aircraft serial number
— 
Aircraft Registration
— 
Call sign
(2) 

Aircraft Operation

— 
Operator
— 
Type of operation
(3) 

Aircraft Description

— 
Aircraft Category
— 
Propulsion Type
— 
Mass Group
(4) 

History of Flight

— 
Last Departure Point
— 
Planned Destination
— 
Flight Phase
(5) 

Weather

— 
Weather relevant

2.2.    Data fields relating to air navigation services

When entering, in their respective databases, information on every occurrence mandatorily reported and, to the best extent possible, every occurrence voluntarily reported, organisations, Member States and the Agency must ensure that occurrence reports recorded in their databases contain at least the following information:

(1) 

ATM relation

— 
ATM contribution
— 
Service affected (effect on ATM service)
(2) 

ATS Unit Name

2.2.1.    Separation Minima Infringement/Loss of Separation and Airspace Infringement-related data fields

When entering, in their respective databases, information on every occurrence mandatorily reported and, to the best extent possible, every occurrence voluntarily reported, organisations, Member States and the Agency must ensure that occurrence reports recorded in their databases contain at least the following information:

(1) 

Airspace

— 
Airspace type
— 
Airspace class
— 
FIR/UIR name

2.3.    Aerodrome-related data fields

When entering, in their respective databases, information on every occurrence mandatorily reported and, to the best extent possible, every occurrence voluntarily reported, organisations, Member States and the Agency must ensure that occurrence reports recorded in their databases contain at least the following information:

(1) 

Location Indicator (ICAO indicator of the airport)

(2) 

Location on the aerodrome

2.4.    Aircraft damage or personal injury-related data fields

When entering, in their respective databases, information on every occurrence mandatorily reported and, to the best extent possible, every occurrence voluntarily reported, organisations, Member States and the Agency must ensure that occurrence reports recorded in their databases contain at least the following information:

(1) 

Severity

— 
Highest Damage
— 
Injury Level
(2) 

Injuries to persons

— 
Number of injuries on ground (fatal, serious, minor)
— 
Number of injuries on aircraft (fatal, serious, minor)
ANNEX II INTERESTED PARTIES




ANNEX II

INTERESTED PARTIES

(a) List of interested parties which may receive information on the basis of a case-by-case decision under Article 11(4) or on the basis of a general decision under Article 11(6):

1. 

Manufacturers: designers and manufacturers of aircraft, engines, propellers and aircraft parts and appliances, and their respective associations; designers and manufacturers of air traffic management (ATM) systems and constituents; designers and manufacturers of systems and constituents for air navigation services (ANS); designers and manufacturers of systems and equipment used on the air side of aerodromes

2. 

Maintenance: organisations involved in the maintenance or overhaul of aircraft, engines, propellers and aircraft parts and appliances; in the installation, modification, maintenance, repair, overhaul, flight checking or inspection of air navigation facilities; or in the maintenance or overhaul of aerodrome air side systems, constituents and equipment

3. 

Operators: airlines and operators of aircraft and associations of airlines and operators; aerodrome operators and associations of aerodrome operators

4. 

Air navigation services providers and providers of ATM-specific functions

5. 

Aerodrome service providers: organisations in charge of ground handling of aircraft, including fuelling, loadsheet preparation, loading, de-icing and towing at an aerodrome, as well as rescue and firefighting, or other emergency services

6. 

Aviation training organisations

7. 

Third-country organisations: governmental aviation authorities and accident investigation authorities from third countries

8. 

International aviation organisations

9. 

Research: public or private research laboratories, centres or entities; or universities engaged in aviation safety research or studies

(b) List of interested parties which may receive information on the basis of a case-by-case decision under Article 11(4) and (5):

1. 

Pilots (on a personal basis)

2. 

Air traffic controllers (on a personal basis) and other ATM/ANS staff carrying out safety-related tasks

3. 

Engineers/technicians/air traffic safety electronics staff/aviation (or aerodrome) managers (on a personal basis)

4. 

Professional representative bodies of staff carrying out safety-related tasks

ANNEX III REQUEST FOR INFORMATION FROM THE EUROPEAN CENTRAL REPOSITORY




ANNEX III

REQUEST FOR INFORMATION FROM THE EUROPEAN CENTRAL REPOSITORY

1. Name:

Function/position:

Company:

Address:

Tel.:

E-mail:

Date:

Nature of business:

Category of interested party (see Annex II 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 ( 3 )):

2. Information requested (please be as specific as possible; include the relevant date/period in which you are interested):

3. Reason for the request:

4. Explain the purpose for which the information will be used:

5. Date by which the information is requested:

6. The completed form should be sent, via e-mail, to: (point of contact)

7. Access to information

The point of contact is not required to supply any requested information. It may do so only if it is confident that the request is compatible with Regulation (EU) No 376/2014. The requestor commits itself and its organisation to restrict the use of the information to the purpose it has described under point 4. It is also recalled that information provided on the basis of this request is made available only for the purposes of flight safety as provided in Regulation (EU) No 376/2014 and not for other purposes such as, in particular, attributing blame or liability or for commercial purposes.

The requestor is not allowed to disclose information provided to it to anyone without the written consent of the point of contact.

Failure to comply with these conditions may lead to a refusal of access to further information from the European Central Repository and, where applicable, to the imposition of penalties.

8. Date, place and signature:

1.1 Referencer

1.2 Identificerede krav

1.3 Relaterede standarder

2. Identificerede krav

Krav
Kilde Krav

3. Relaterede standarder

Standarder
Kilde Krav

Linkede sager