Commission Regulation (EC) No 768/2006 of  19 May 2006  implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft using Community airports and the management of the information system   (Text with EEA relevance)
Date: 2006-05-19
Institutions: European Commission
Subjects: EU Member State, air safety, aircraft, airport, data collection, exchange of information, information system, third country

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 768/2006

of 19 May 2006

implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the
collection and exchange of information on the safety of aircraft using Community airports and the
management of the information system

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2004/36/EC of
Parliament and of
the Council of 21 April 2004 on the
safety of third-country aircraft using Community airports (1),
and in particular Article 8(2) thereof,

Whereas:

(1)

(2)

(3)

international

ramp inspections of

Directive 2004/36/EC introduces a harmonised approach
to the effective enforcement of
safety
standards within the Community by harmonising the
rules and procedures for
third-
located in the
country aircraft
Member States.
to
proceed to ramp inspections of
third-country aircraft
suspected of non-compliance with international safety
standards landing at any of its airports open to interna-
tional air traffic following a harmonised procedure, and
to participate to the collection and exchange of infor-
mation on the ramp inspections carried out.

landing at airports
It

the Member States

requires

of

Foreign Aircraft

The Community obligations of
the Member States
deriving from Directive 2004/36/EC may be to a large
extent discharged through their participation in the
(SAFA)
Safety Assessment
programme initiated in 1996 by the European Civil
Aviation Conference (ECAC), which management has
been delegated to the Joint Aviation Authorities (JAA).
In particular, the JAA manages the SAFA database, facil-
and
itates
personnel participating in the programme, and ensures
for
the development of procedures
improving the programme
and the
and its
reporting on the information gathered.

and proposals
tools

the harmonised training of

inspectors

of

information

It is necessary to improve the system of collection and
in Directive
exchange
2004/36/EC, by designating a single specialised expert
body responsible for
the SAFA
system in the Community.

the management of

contained

(5)

(6)

(7)

(8)

(9)

Regulation (EC) No 1592/2002 of
the European
Parliament and of the Council (2) establishes a European
Aviation Safety Agency as a single specialised expert
body responsible for assisting the Commission and
taking the necessary measures within the powers
conferred on it by that Regulation or other Community
legislation.

In the context of the current process of transition from
the JAA system to the European Aviation Safety Agency,
it is necessary to entrust that Agency with the tasks
related to the SAFA programme conducted so far by
the JAA. This transfer should contribute to strengthening
the programme and ensuring its continuation.

the SAFA programme and an
The continuation of
information on the safety of
accurate exchange of
aircraft using Community airports
the
Community SAFA system be filled with the largest
including the ramp
information,
possible amount of
Directive
inspection
not
reports
2004/36/EC but which have been carried out
in
accordance with the procedure established under Annex
II of Directive 2004/36/EC.

require that

required

by

It is necessary that the Community SAFA system ensures
that the added value resulting from the operational and
technical cooperation with international organisations
will be maintained.

The Community SAFA system should also be comple-
mented with appropriate activities aimed at ensuring
common standards
ramp
inspections, such as the continuation of the manual for
the training activities
ramp inspections as well as
developed by the JAA.

the performance of

for

the

improvement of

the involvement of

third
It has been recognised that
in order to
countries should continue to be pursued,
facilitate
aviation safety
throughout Europe. Therefore, the participation of third
countries in the Community SAFA system, according to
the relevant agreements,
should be encouraged and
promoted to ensure a seamless transition.

civil

(1) OJ L 143, 30.4.2004, p. 76.

(2) OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1643/2003 (OJ L 245, 29.9.2003, p. 7).

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(10)

The measures provided for in this Regulation are in
accordance with the opinion of the committee estab-
lished by Article 12 of Council Regulation (EEC) No
3922/1991 (1),

(a) advise the Commission and the competent authorities of
the Member States on immediate actions or follow-up
policy;

HAS ADOPTED THIS REGULATION:

Article 1

(b) report potential safety problems to the Commission and
to the competent authorities of the Member States;

For the purpose of this Regulation, ‘Community SAFA system’
means the system set up in Directive 2004/36/EC and in this
Regulation for the collection, exchange and analysis of infor-
mation on the air safety of aircraft and of air operators.

(c) propose co-ordinated actions to the Commission and to
the competent authorities of the Member States when
necessary on safety grounds and ensure co-ordination
at the technical level of such actions;

Article 2

The European Aviation Safety Agency shall manage and
1.
operate the tools and procedures necessary for the collection
and exchange of:

5.

liaise with other European institutions and bodies, interna-
tional organisations and National Aviation Authorities on
information exchange;

1. the information established in Articles 3, 4 and 5 of

6. advise the Commission on the future development and

Directive 2004/36/EC,

strategy of the Community SAFA system.

2. the information provided by third countries or international
organisations with whom appropriate agreements have been
concluded by the Community, or organisations with whom
EASA has
in
accordance with Article 18(2) of Regulation (EC) No
1592/2002.

arrangements

appropriate

concluded

Article 3

1. Member States shall enter into the centralised database
without delay:

2.

The management shall include the following tasks:

1. the ramp inspection reports referred to in Article 4(4) of

Directive 2004/36/EC,

1. collect data from the Member States relevant to the safety

information on aircraft using Community airports;

2. develop, maintain and provide continuous updating of a

centralised database containing:

(a) all the information which the Member States are obliged
to collect and make available on the basis of Articles 3, 4
and 5 of Directive 2004/36/EC,

(b) any other relevant information concerning the air safety

of aircraft and of air operators;

2. the ramp inspection reports not

required by Directive
2004/36/EC but which have been carried out in accordance
with the procedure established under Annex II of Directive
2004/36/EC.

shall

communicate

2. Member States
to the European
Aviation Safety Agency any information useful for the appli-
cation of the Directive 2004/36/EC and for the accomplishment
by the European Aviation Safety Agency of the tasks assigned to
it by this Regulation, including information covered by Article 3
of Directive 2004/36/EC.

3. provide necessary changes and enhancements to the database

Article 4

application;

The European Aviation Safety Agency shall:

4. analyse the centralised database information and other
relevant information concerning the safety of aircrafts and
of air operators and, on that basis:

(1) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regu-

lation (EC) No 1592/2002 (OJ L 240, 7.9.2002, p. 1).

1. submit to the Commission a proposal for a manual of ramp
inspection procedures and, whenever necessary, for further
development and update of the manual and of the Annexes
to Directive 2004/36/EC;

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2. develop training programmes and foster the organisation
and implementation of training courses and workshops for
inspectors to improve the understanding of the Community
SAFA system with the aim of reaching a common standard
in the performance of ramp inspections;

3. facilitate and co-ordinate an inspector exchange programme
aimed at allowing inspectors to obtain practical experience
and contributing to the harmonisation of procedures.

Article 5

The European Aviation Safety Agency shall prepare yearly

1.
and forward to the Commission:

1. A report on the Community SAFA system, containing, at

least, the following information:

(a) status of

the progress of

including the
achievements concerning the collection and exchange
of
ramp
inspections and the training actions;

the manual of

the database,

information,

the system,

(c) analysis of the inspection results with indication of the

categories of findings;

(d) actions taken during the year; and

(e) Annexes containing lists of inspections sorted out by
state of operation, aircraft type, operator and ratios per
item.

2. A proposal

for a public aggregated information report
information received in

containing an analysis of all
accordance with Article 5 of Directive 2004/36/EC.

The Commission will, in accordance with the procedure
2.
referred to in Article 10(5) of Directive 2004/36/EC, consult the
Air Safety Committee regarding the report on the Community
SAFA system referred to in the first subparagraph.

Article 6

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official
Journal of the
European Union.

(b) status of the inspections performed in the year;

Articles 1 to 5 shall apply from the 1st of January 2007.

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

Done at Brussels, 19 May 2006.

For the Commission

Jacques BARROT
Vice-President