Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council (Text with EEA relevance)
Date: 2007-09-24
Institutions: European Commission
Subjects: accident prevention, air safety, civil aviation, common transport policy, data collection, dissemination of information, exchange of information, transport accident

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COMMISSION REGULATION (EC) No 1330/2007

of 24 September 2007

laying down implementing rules for the dissemination to interested parties of information on civil
aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament
and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

should deal with requests from interested parties estab-
lished in the territory of
that Member State while
requests from interested parties from third countries or
from international organisations should be dealt with by
the Commission.

Having regard to Directive 2003/42/EC of
the European
Parliament and of the Council of 13 June 2003 on occurrence
reporting in civil aviation (1), and in particular Article 7(2)
thereof,

(5)

The Commission may decide at a later stage to entrust an
entity with the management of exchanged information in
accordance with Article 6 of Directive 2003/42/EC and
to deal with requests from interested parties from third
countries or from international organisations.

Whereas:

(6)

A list of points of contacts should be established by the
Commission and should be publicly available.

relevant

information on air

Directive 2003/42/EC requires national occurrence
reporting systems to be established, in order to ensure
that
reported,
collected, stored, protected and disseminated with the
only objective of preventing accidents and incidents,
excluding as a consequence the attribution of blame or
liability.

safety is

This Regulation should apply to information exchanged
by Member States pursuant to Article 6(1) of Directive
Information concerning national occur-
2003/42/EC.
rences,
should be
subject to national regulations governing the release of
aviation safety information.

stored in the national databases,

(7)

(8)

In order to prevent abuse of the system, the contact
point receiving a request for information should check
that the requestor is an interested party and the request
should be evaluated, before the amount and the level of
information to be supplied is defined.

The national points of contact should obtain enough
information to proceed to validation and evaluation of
that purpose they should use a form
requests. For
information on the requestor and
containing relevant
the intended purpose of the request.

Interested parties, for the purposes of this Regulation,
should be defined as any person that is in a position
to participate in the improvement of civil aviation
safety by making good use of the safety related infor-
mation collected under Directive 2003/42/EC.

(9) When certain interested parties regularly need infor-
mation relating to their own activities,
it should be
possible to adopt a general decision to supply infor-
mation in respect of those parties.

National points of contacts have the best knowledge of
interested parties established in their own Member State.
In order to deal with information requests in the safest
and most efficient manner, each national point of contact

(1) OJ L 167, 4.7.2003, p. 23.

(10) A requestor should ensure that the confidentiality of the
system is protected, and should limit
the
information received to the purpose specified in the
request, which should be compatible with the objectives
of Directive 2003/42/EC.

the use of

(1)

(2)

(3)

(4)

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(11) All points of contact should be able to monitor that a
request
reintroduced
they have turned down is not
through the authority of another Member State. They
should also be able to take example from the best
contact. They should
practices of other points of
therefore have access to the records of the requests for
information and decisions adopted in respect of such
requests.

(12) Modern technology should be used for the transfer of
data, while at the same time ensuring the protection of
the entire database.

(13)

(14)

In order to enable the Commission to prepare the appro-
information between
priate measures for exchange of
Member States and the Commission, as required by
Article 6.4 of Directive 2003/42/EC,
this Regulation
shall apply six months after its entry into force.

The measures provided for in this Regulation are in
accordance with the Opinion of
Safety
Committee established by Article 12 of Council Regu-
lation (EEC) No 3922/91 of 16 December 1991 on
the harmonisation of technical requirements and admin-
istrative procedures in the field of civil aviation (1),

the Air

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down measures concerning the dissemi-
nation to interested parties of the information on occurrences
exchanged by Member States in accordance with Article 6(1) of
Directive 2003/42/EC with the objective of providing such
parties with the information they need to improve civil
aviation safety.

Article 2

Definitions

having access to information on occurrences exchanged by
the Member States
in accordance with Article 6(1) of
Directive 2003/42/EC and which is included in one of the
categories of interested parties listed in Annex I;

2.

‘point of contact’ means:

this Regulation,

(a) where a request for information is made under Article
3(1) of
authority
designated by each Member State in accordance with
if a Member
Article 5(1) of Directive 2003/42/EC or,
State has
competent
designated more
authority, the contact point designated by that Member
State in accordance with the same provision;

than one

competent

the

(b) where a request for information is made under Article

3(2), the Commission.

The list of points of contact will be published by the

2.
Commission.

Article 3

Requests for information

1.
Interested parties established within the Community which
are natural persons shall address requests for information to the
point of contact of the Member State in which they are licensed
or, where a licence is not required, in which they exercise their
established within the
function. Other
Community shall address
information to the
for
the Member State in which they have
point of contact of
their registered office or official seat or,
in the absence of
such office or seat, their principal place of business.

interested parties
requests

Interested parties not established in the Community shall

2.
address their request to the Commission.

For the purpose of this Regulation the following defi-

1.
nitions shall apply:

3.
Requests shall be submitted using forms approved by the
point of contact. These forms shall contain at least the items set
out in Annex II.

1.

‘interested party’ means any natural person, any legal person,
whether profit-making or not, or any official body whether
having its own legal personality or not that is in a position
to participate in the improvement of civil aviation safety by

Article 4

Special requests

(1) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regu-
lation (EC) No 1900/2006 of the European Parliament and of the
Council (OJ L 377, 27.12.2006, p. 176).

An interested party which has submitted a particular report may
address requests for information related to such report directly
to the point of contact which received that report.

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Article 5

Article 8

Validation of the requestor

Use of the information and confidentiality

A point of contact which receives a request shall check

1.
that it is made by an interested party.

2.
If an interested party addresses a request to a point of
contact other than that which is competent to deal with such
request pursuant to Article 3, it shall be invited to contact the
competent point of contact.

1.
The requestor shall only use the information received for
the purpose specified in the request form, which should be
compatible with the objective stated in Article 1 of Directive
2003/42/EC. The requestor shall not disclose the information
received without the written consent of the provider.

The requestor shall take the necessary measures to ensure

2.
appropriate confidentiality of the information received.

Article 6

Evaluation of the request

Article 9

Record of requests

1.
A point of contact which receives a request shall evaluate
on a case-by-case basis whether the request is justified and
practicable.

Each point of contact shall record each request received by it
and the action taken by it. That information shall be transmitted
to the Commission whenever a request is received and/or action
taken.

If

the request

is accepted,

the point of contact shall
2.
determine the amount and the level of
information to be
supplied. This shall be limited to what is strictly required for
the purpose of the requestor, without prejudice to Article 8 of
Directive 2003/42/EC. Information unrelated to the requestor’s
own equipment, operations or field of activity shall be supplied
only in aggregated or unidentified form, unless a detailed justi-
fication is provided by the requestor.

3.
Interested parties listed in Annex I(b) may be supplied
only with information relating to the interested party’s own
equipment, operations or field of activity.

Article 7

Decisions of general nature

The Commission shall make available to all points of contact
the updated list of requests received and action taken by the
various points of contact and by the Commission itself.

Article 10

Means of dissemination

The points of contact may supply information to interested
parties on paper or by using secure electronic means of
communication.

For security reasons, direct access to data bases containing infor-
mation received from other Member States pursuant to Article
6(1) of Directive 2003/42/EC shall not be granted to interested
parties.

A point of contact receiving a request from an interested party
listed in Annex I(a) may take a general decision to supply
information on a regular basis
interested party
provided that
the information requested is related to the
interested party’s own equipment, operations or field of activity.

to that

Article 11

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

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

Done at Brussels, 24 September 2007.

For the Commission

Jacques BARROT
Vice-President

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ANNEX I

LIST OF INTERESTED PARTIES

(a) List of interested parties which may receive information on the basis of a case by case decision in accordance

with Article 6(2) or on the basis of a general decision under Article 7

1. Manufacturers: designers and manufacturers of aircraft, engines, propellers and aircraft parts and appliances;
designers and manufacturers of Air Traffic Management (ATM) systems and constituents; designers and manufac-
turers of systems and constituents for Air Navigation Services (ANS); designers and manufacturers of systems and
equipments used on the air side of aerodromes

2. Maintenance: organisations involved with the maintenance or overhaul of aircraft, engines, propellers and aircraft
parts and appliances; with the installation, modification, maintenance, repair, overhaul,
flight checking or
inspection of air navigation facilities; or with 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, servicing,
loading, de-icing and towing at an aerodrome, as well as rescue and fire fighting, or

loadsheet preparation,
other emergency services

6. Aviation training organisations

7. Third-country organisations: governmental aviation authorities and accident investigation bodies 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 in accordance

with Articles 6(2) and 6(3)

1. Pilots (on personal basis)

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

3. Engineers/technicians/air traffic safety electronics personnel/aviation (or aerodrome) managers (on personal basis)

4. Professional representative bodies of staff carrying out safety-related tasks

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ANNEX II