Commission Regulation (EC) No 1321/2007 of 12 November 2007 laying down implementing rules for the integration into a central repository of information on civil aviation occurrences exchanged in accordance with Directive 2003/42/EC of the European Parliament and of the Council Text with EEA relevance
Date: 2007-11-12
Institutions: European Commission
Subjects: access to information, accident prevention, air safety, civil aviation, data collection, database, dissemination of information, exchange of information, transport accident

13.11.2007

EN

Official Journal of the European Union

L 294/3

COMMISSION REGULATION (EC) No 1321/2007

of 12 November 2007

laying down implementing rules for the integration into a central repository of information on civil
the European
aviation occurrences exchanged in accordance with Directive 2003/42/EC of

Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

update of information supplied by Member States should
be established by means of technical protocol agreed
between the Commission and each Member State.

Having regard to the Treaty
Community,

establishing the European

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 6(4)
thereof,

Whereas:

Directive 2003/42/EC requires national occurrence
reporting systems to be established, in order to ensure
reported,
that
collected, evaluated, processed and stored in national
databases.

information on air

safety is

relevant

Member States should participate in an exchange of
safety-relevant information and the Commission should
facilitate the exchange of such information with the only
objective of preventing aviation accidents and incidents,
excluding as a consequence the attribution of blame and
liability as well as benchmarking of safety performance.

(6)

(7)

(8)

In order to allow quality assurance procedures to be
carried out and to avoid duplication of events reported
by Member States, all information stored in the national
database should also be stored in the central repository.

For the correct application of Article 7(1) of Directive
2003/42/EC the right
to access the exchanged infor-
mation should be given to any entity entrusted with
regulating civil aviation safety or with investigating civil
aviation accident and incidents within the Community.

In accordance with Article 5(3) of Directive 2003/42/EC,
information derived from accidents and serious incidents
in accordance with Council Directive
investigated
94/56/EC (2) should also be stored in the databases.
However, during an on-going investigation, only basic
factual data should be entered into the databases while
full information on these accidents and serious incidents
would be stored when the investigation is completed.

Best use of modern technology for the transfer of infor-
mation should be made while at the same time ensuring
the protection of the entire database.

(9)

The Commission should review the safety-relevance of
the information exchanged two years after the entry
into force of this Regulation.

The most efficient way to ensure the exchange of a large
amount of information between all the Member States is
repository fed by the national
to create a central
databases and accessible by the Member States.

the specificity of each
In order to take into account
national mechanism put
in place in accordance with
Article 5(1) of Directive 2003/42/EC, the details for the

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

(10)

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 admi-
nistrative procedures in the field of civil aviation (3),

the Air

(2) OJ L 319, 12.12.1994, p. 14.
(3) 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).

(1)

(2)

(3)

(4)

(5)

L 294/4

EN

Official Journal of the European Union

13.11.2007

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

is the
Such information which may remain confidential
4.
name, designator, call sign or flight number of the operator and
the registration mark or serial/construction number of
the
aircraft.

This Regulation lays down measures concerning the integration
into a central repository of relevant safety-related information
exchanged by Member States, in accordance with Article 6(1) of
Directive 2003/42/EC.

In cases where such information is deemed necessary for safety
analysis, authorisation shall be requested from the Member State
which supplied the information.

Article 2

Central repository

Article 3

Information related to investigations

1.
The Commission shall set up and manage a central repo-
sitory to store all information received from the Member States
in accordance with Article 6(1) of Directive 2003/42/EC.

2.
Each Member State shall agree with the Commission the
technical protocols for the update of the central repository by
transfer of all relevant safety-related information contained in
the national databases referred to in Article 5(2) and (3) of
Directive 2003/42/EC. This
relevant
safety-related information contained in the national databases
shall be integrated in the central repository.

shall ensure that all

3.
In accordance with Article 7(1) of Directive 2003/42/EC,
any entity entrusted with regulating civil aviation safety or with
investigating civil aviation accident and incidents within the
Community shall have online
information
contained in the central repository except to the information
which directly identifies the operator or aircraft subject to an
occurrence report.

to all

access

Basic factual
information on accidents and serious incidents
shall be transferred to the central repository while an investi-
investigation is
gation thereon is on-going. When the
completed,
a
summary in English of the final
investigation report shall be
added.

information including, when available,

all

Article 4

Review

Two years after the entry into force of this Regulation, the
Commission shall
the data
stored and exchanged.

review the safety-relevance of

Article 5

This Regulation shall enter into force on the 20th 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, 12 November 2007.

For the Commission

Jacques BARROT
Vice-President