4. Occurrence reports on safety-related occurrences
We would like to draw your attention to the 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 (with EEA relevance).
This regulation lays down the common applicable rules on:
- the reporting of occurrences which endanger or which, if not corrected or addressed, would endanger an aircraft, its occupants, any other person, equipment or installation affecting aircraft operations; and the reporting of other relevant safety-related information in that context;
- analysis and follow-up action in respect of reported occurrences and other safety-related information;
- the protection of aviation professionals;
- appropriate use collected safety information;
- the integration of information into the European Central Repository; and
- the dissemination of anonymised information to interested parties for the purpose of providing such parties with the information they need in order to improve aviation safety.
In addition to the Regulation mentioned above the Implementing Regulation (EU) 2015/1018 was adopted, laying down a list classifying occurrences in civil aviation to be mandatorily reported.
Subject to mandatory reporting in accordance with Article 4 of Regulation (EU) No 376/2014 are the following natural persons:
- the pilot in command, or, in cases where the pilot in command is unable to report the occurrence, any other crew member next in the chain of command of an aircraft registered in a Member State or an aircraft registered outside the union but used by an operator for which a Member State ensures oversight of operations or an operator established in the Union;
- a person engaged in designing, manufacturing, continuous airworthiness monitoring, maintaining or modifying an aircraft, or any equipment or part thereof, under the oversight of a Member State or of the Agency;
- a person who signs an airworthiness review certificate, or a release to service in respect of an aircraft or any equipment or part thereof, under the oversight of a Member State or of the Agency;
- a person who performs a function which requires him or her to be authorised by a Member State as a staff member of an air traffic service provider entrusted with responsibilities related to air navigation services or as a flight information service officer;
- a person who performs a function connected with the safety management of an airport to which Regulation (EC) No 1008/2008 of the European Parliament and of the Council ( 1 ) applies;
- a person who performs a function connected with the installation, modification, maintenance, repair, overhaul, flight-checking or inspection of air navigation facilities for which a Member State ensures the oversight;
- a person who performs a function connected with the ground handling of aircraft, including fuelling, loadsheet preparation, loading, de-icing and towing at an airport covered by Regulation (EC) No 1008/2008.
As above mentioned Regulations apply to occurrences and other safety-related information involving civil aircraft, with the exception of aircraft referred to in Annex II to Regulation (EC) No 216/2008, Member States may decide to apply this Regulation also to occurrences and other safety-related information involving the aircraft referred to in Annex II to that Regulation.