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)Text with EEA relevance

• Published date: 24 April 2014
• Official Gazette Publication: Gazzetta ufficiale dell'Unione europea, L 122, 24 aprile 2014,Diario Oficial de la Unión Europea, L 122, 24 de abril de 2014,Journal officiel de l'Union européenne, L 122, 24 avril 2014

02014R0376 — EN — 11.09.2018 — 001.001

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►B 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) (OJ L 122 24.4.2014, p. 18)

Amended by:

		Official Journal
		No	page	date
►M1	REGULATION (EU) 2018/1139 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2018	L 212	1	22.8.2018

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▼B

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

1. This Regulation aims to improve aviation safety by ensuring that relevant safety information relating to civil aviation is reported, collected, stored, protected, exchanged, disseminated and analysed.

This Regulation ensures:

(a)that, where appropriate, safety action is taken in a timely manner based on analysis of the information collected;

(b)the continued availability of safety information by introducing rules on confidentiality and on the appropriate use of information and through the harmonised and enhanced protection of reporters and persons mentioned in occurrence reports; and

(c)that aviation safety risks are considered and dealt with at both Union level and national level.

2. The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability.

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

1. This Regulation lays down rules on:

(a)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;

(b)analysis and follow-up action in respect of reported occurrences and other safety-related information;

(c)the protection of aviation professionals;

(d)appropriate use collected safety information;

(e)the integration of information into the European Central Repository; and

(f)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.

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2. This Regulation applies to occurrences and other safety-related information involving civil aircraft to which Regulation (EU) 2018/1139 of the European Parliament and of the Council (1) applies.

However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to Article 56(1) and (5) of Regulation (EU) 2018/1139, unless the occurrence or other safety-related information involving such unmanned aircraft resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.

Member States may decide to apply this Regulation also to occurrences and other safety-related information involving the aircraft to which Regulation (EU) 2018/1139 does not apply.

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Article 4

Mandatory reporting

1. Occurrences which may represent a significant risk to aviation safety and which fall into the following categories shall be reported by the persons listed in paragraph 6 through the mandatory occurrence reporting systems pursuant to this Article:

(a)occurrences related to the operation of the aircraft, such as:

(i)collision-related occurrences;

(ii)take-off and landing-related occurrences;

(iii)fuel-related occurrences;

(iv)in-flight occurrences;

(v)communication-related occurrences;

(vi)occurrences related to injury, emergencies and other critical situations;

(vii)crew incapacitation and other crew-related occurrences;

(viii)meteorological conditions or security-related occurrences;

(b)occurrences related to technical conditions, maintenance and repair of aircraft, such as:

(i)structural defects;

(ii)system malfunctions;

(iii)maintenance and repair problems;

(iv)propulsion problems (including engines, propellers and rotor systems) and auxiliary power unit problems;

(c)occurrences related to air navigation services and facilities, such as:

(i)collisions, near collisions or potential for collisions;

(ii)specific occurrences of air traffic management and air navigation services (ATM/ANS);

(iii)ATM/ANS operational occurrences;

(d)occurrences related to aerodromes and ground services, such as:

(i)occurrences related to aerodrome activities and facilities;

(ii)occurrences related to handling of passengers, baggage, mail and cargo;

(iii)occurrences related to aircraft ground handling and related services.

2. Each organisation established in a Member State shall establish a mandatory reporting system to facilitate the collection of details of occurrences...