Verordening 2014/376 - Melden, onderzoeken en opvolgen van voorvallen in de burgerluchtvaart - Hoofdinhoud

SUMMARY OF:

Regulation (EU) No 376/2014 – reporting, analysis and follow-up of civil aviation accidents and incidents

WHAT IS THE AIM OF THE REGULATION?

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  Regulation (EU) No 376/2014 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.
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  It was amended by Regulation (EU) 2018/1139, which further updated aviation safety law and revised the mandate of the European Union Aviation Safety Agency (EASA) (see summary).

KEY POINTS

The regulation sets out rules on:

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  the reporting of occurrences that would endanger an aircraft, its occupants and any other person, equipment or installation affecting aircraft operations;
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  the reporting of other relevant safety-related information in that context.

Mandatory reporting

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  Occurrences that may represent a significant risk to aviation safety must be reported by front-line aviation professionals listed in the regulation. These include occurrences related to:

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    the operation of the aircraft, e.g. collision-related events and in-flight events;
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    technical conditions, maintenance and repair of an aircraft, e.g. structural defects and system malfunctions;
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    air navigation services and facilities, e.g. collisions, near collisions or potential for collisions;
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    aerodromes and ground services, e.g. handling of passengers, bags, mail and cargo.

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  A comprehensive list of occurrences to be reported under mandatory systems is detailed in an implementing act, Commission Implementing Regulation (EU) 2015/1018.
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  The responsible persons (e.g. the pilot, the air traffic controller or the person signing an airworthiness certificate) and organisations in each case must report occurrences within 72 hours of becoming aware of them, unless exceptional circumstances prevent this.

Reporting system

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  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.
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  Each EU country and the 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.
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  Small organisations may be allowed to put in place a simplified mechanism for the collection and storage of details of occurrences.

Storage of safety occurrences and recommendations

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  Each EU country and the EASA must submit the occurrences they have collected to a European central repository (ECR) that is managed by the European Commission.
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  The ECR also contains safety recommendations (article 17 of Regulation (EU) No 996/2010 - see summary) issued by the EU countries’ safety investigation authorities (article 4).
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  Implementing Decision (EU) 2019/1128 lays down rules for the management of the ECR, requiring inter alia that all the safety recommendations and their responses contained therein be made available to the general public through a public website.

Risk classification

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  A delegated act, Commission Delegated Regulation (EU) 2020/2034, which entered into force on 1 January 2021, supplements Regulation (EU) No 376/2014.
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  It sets out the common European risk classification scheme (ERCS)* which is defined as a methodology to categorise the overall safety risk of an occurrence according to the worst-likely accident outcome of the occurrence and the likelihood of this potential outcome to occur.
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  The overall purpose is to determine the safety risk of an occurrence and thus help the relevant entities in their assessment of occurrences and in determining where to focus their efforts to mitigate a reoccurrence.
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  A future implementing regulation will set out the obligations for the competent authorities to use the ERCS as well as the arrangements for the implementation of the ERCS.

Exchange of information and access to ECR data

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  Through the ECR, countries of the EU and of the European Economic Area (EEA) will have the EASA exchange safety-related information stored in their respective databases.
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  Access to the ECR information is governed by strict confidentiality and protection rules. Only persons 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.
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  Interested parties, as listed in Regulation (EU) No 376/2014, may request and obtain information contained in the ECR under certain conditions.

Confidentiality and protection of sources of information

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  Handling of reports must be done with a view to preventing the use of information for purposes other than safety.
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  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. In this context, EU and EEA countries also have the obligation to designate a ‘just culture body’ responsible for the implementation of the just culture requirements set forth in Regulation (EU) No 376/2014.
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  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 or gross negligence on the part of an employee.
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  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.

BACKGROUND

For more information, see:

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  Accident prevention through occurrence reporting (European Commission)
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  Guidance material on Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/2018 (European Commission)
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  Occurrence reporting (European Union Aviation Safety Agency).

KEY TERMS

European risk classification scheme: is the methodology applied for the assessment of the risk posed by an occurrence to civil aviation in the form of a safety risk score.

MAIN DOCUMENT

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)

Successive amendments to Regulation (EU) No 376/2014 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Delegated Regulation (EU) 2020/2034 of 6 October 2020 supplementing Regulation (EU) No 376/2014 of the European Parliament and of the Council as regards the common European risk classification scheme (OJ L 416, 11.12.2020, pp. 1-10)

Commission Implementing Decision (EU) 2019/1128 of 1 July 2019 on access rights to safety recommendations and responses stored in the European Central Repository and repealing Decision 2012/780/EU (OJ L 177, 2.7.2019, pp. 112-113)

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 28.01.2021

Deze samenvatting is overgenomen van EUR-Lex.