Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (Text with EEA relevance)

Changes over time for: Article 16

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Regulation (EU) No 376/2014 of the European Parliament and of the Council, Article 16.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 16U.K.Protection of the information source

1.For the purposes of this Article, ‘personal details’ includes in particular names or addresses of natural persons.

2.Each organisation established in [F1the United Kingdom] shall ensure that all personal details are made available to staff of that organisation other than persons designated in accordance with Article 6(1) only where absolutely necessary in order to investigate occurrences with a view to enhancing aviation safety.

Disidentified information shall be disseminated within the organisation as appropriate.

3.[F2The CAA] shall ensure that no personal details are ever recorded in the national database referred to in Article 6(6). Such disidentified information shall be made available to all relevant parties, for example to allow them to discharge their obligations in relation to aviation safety improvement.

F34.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F4The CAA] shall not be prevented from taking any action necessary for maintaining or improving aviation safety.

6.Without prejudice to applicable national criminal law, [F5the CAA] shall refrain from instituting proceedings in respect of unpremeditated or inadvertent infringements of the law which come to [F6its attention] only because they have been reported pursuant to Articles 4 and 5.

The first subparagraph shall not apply in the cases referred to in paragraph 10. [F7The Secretary of State] may retain or adopt measures to strengthen the protection of reporters or persons mentioned in occurrence reports. [F8The Secretary of State and the CAA] may in particular apply this rule without the exceptions referred to in paragraph 10.

7.If disciplinary or administrative proceedings are instituted F9..., information contained in occurrence reports shall not be used against:

(a)the reporters; or

(b)the persons mentioned in occurrence reports.

The first subparagraph shall not apply in the cases referred to in paragraph 10.

[F10The Secretary of State] may retain or adopt measures to strengthen the protection of reporters or persons mentioned in occurrence reports. [F10The Secretary of State] may in particular extend that protection to civil or criminal proceedings.

8.[F11The Secretary of State] may adopt or maintain in force legislative provisions ensuring a higher level of protection for reporters or for persons mentioned in occurrence reports than those established in this Regulation.

9.Except where paragraph 10 applies, employees and contracted personnel who report or are mentioned in occurrence reports collected in accordance with Articles 4 and 5 shall not be subject to any prejudice by their employer or by the organisation for which the services are provided on the basis of the information supplied by the reporter.

10.The protection under paragraphs 6, 7 and 9 of this Article shall not apply to any of the following situations:

(a)in cases of wilful misconduct;

(b)where there has been a manifest, severe and serious disregard of an obvious risk and profound failure of professional responsibility to take such care as is evidently required in the circumstances, causing foreseeable damage to a person or property, or which seriously compromises the level of aviation safety.

11.Each organisation established in [F12the United Kingdom] shall, after consulting its staff representatives, adopt internal rules describing how ‘just culture’ principles, in particular the principle referred to in paragraph 9, are guaranteed and implemented within that organisation.

The [F13CAA] may ask to review the internal rules of the organisations established in [F14the United Kingdom] before those internal rules are implemented.

12.[F15The CAA is] responsible for the implementation of paragraphs 6, 9 and 11.

Employees and contracted personnel may report to [F16the CAA] alleged infringements of the rules established by this Article. Employees and contracted personnel shall not be penalised for reporting alleged infringements. F17...

F18...

F1913.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Art. 16(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 71(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)