L 37/58
EN
Official Journal of the European Union
18.2.2022
2.4.
In order to collaborate on the establishment of the ECCAIRS 2 database, the Parties agree to the following: a) In principle, EASA is responsible for the installation and maintenance of the ECCAIRS 2 system, comprised of database and software.
b) In principle, ICAO is responsible for managing the access rights to the ECCAIRS 2 system for all Member States except EU Member States, EEA States and Switzerland c) EASA agrees to provide the infrastructure related to the al ECCAIRS 2 system, comprised of database and software, free of charge to ICAO and the ICAO Member States for them to use the system as their accident and incident reporting database as per ICAO Annex 13 – Aircraft Accident and Incident Investigation.
d) It is agreed that access to and the sharing of data stored in the ECCAIRS 2 database will be subject to the confidentiality provisions set out in Article 6 of the MoC, as well as the protection of accident and incident investigation records set forth in Annex 13 – Aircraft Accident and Incident Investigation.
e) ICAO and EASA shall obtain the express written consent of the concerned State to access any other data that may be stored in the ECCAIRS 2 system and that does not fall within the scope of point (d) f) ICAO and EASA will collaborate on improving the quality of the data by researching solutions supporting central classification service and automated quality control processes to all users.
3.
MANAGEMENT
3.1.
ICAO and EASA shall each designate points of contact to serve as coordinators with responsibility for joint activities.
The coordinators may nominate other staff members to represent them or to attend meetings. 3.2.
Correspondence on all practical matters related to this Working Arrangement shall be between the coordinators. 3.3.
The Parties will, as necessary, hold meetings to consider the progress of cooperation activities in accordance with this Working Arrangement.
4.
FUNDING
4.1.
Except where otherwise specifically agreed by the Parties through separate arrangements, each Party bears the cost of any expenditure it incurs relating to the performance of its tasks under this Working Arrangement. 4.2.
All activities conducted pursuant to this Working Arrangement shall be subject to the availability of appropriate funds, personnel and other resources as well as to the applicable laws and regulations, policies and programmes of each Party.
5.
INTELLECTUAL PROPERTY
5.1.
The ADREP taxonomy is and remains intellectual property of ICAO. 5.2.
The ECCAIRS 2 system and related software tools are and remain intellectual property of the EU. 5.3.
The Parties are not responsible for the quality or the quantity of the data collected. 5.4.
Each Party acknowledges the ownership and all rights in and to its copyrights, trademarks, name, logos and any other intellectual property.
Either Party’s use of the other Party’s intellectual property is subject to the other Party’s prior written approval.
If such approval is given, the usage shall be on a non-exclusive basis and the Party using the intellectual property of the other Party shall strictly comply in good faith with the written instructions of the other Party and with its guidelines and specifications