2012/780/: Commission Decision of 5 December 2012 on access rights to the European Central Repository of Safety Recommendations and their responses established by Article 18(5) of Regulation (EU) No 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC Text with EEA relevance

14.12.2012 EN Official Journal of the European Union L 342/46
COMMISSION DECISION
of 5 December 2012
on access rights to the European Central Repository of Safety Recommendations and their responses established by Article 18(5) of Regulation (EU) No 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC
(Text with EEA relevance)
(2012/780/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (1), and in particular Article 18(5) thereof,
Whereas:
(1) Pursuant to Article 18(5) of Regulation (EU) No 996/2010 the European Commission has developed the European Safety Recommendation database, which became operational in February 2012.
(2) Pursuant to Article 18(5) of Regulation (EU) No 996/2010, the database mentioned in paragraph 1 includes all safety recommendations issued by Safety Investigation Authorities in accordance with Article 17(1) and (2) as well as the responses. It also includes safety recommendations Safety Investigation Authorities received from third countries.
(3) Pursuant to Article 7(3)(g) of Regulation (EU) No 996/2010, Safety Investigation Authorities have full access to the database mentioned in paragraph 1.
(4) Pursuant to Article 7(3)(a) of Regulation (EU) No 996/2010, the Commission asked for the opinion of the European Network of Civil Aviation Safety Investigation Authorities.
(5) Safety recommendations are implicitly public as they often conclude safety investigation reports, which have a public status according to Regulation (EU) No 996/2010. In addition, safety recommendations can also be released through letters, interim statements/reports or safety studies. In all these cases, having them publicly available represents strong incentives for their addressees to reply and to improve the safety of the aviation system.
(6) The status of responses to safety recommendations is not defined in Regulation (EU) No 996/2010,