HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 342/46
EN
Official Journal of the European Union
14.12.2012
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,
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
Having regard to the Treaty on the Functioning of the European
aviation system.
Union,
(6) The
status
of
responses
to
safety
recommendations
is
not
defined in Regulation (EU) No 996/2010,
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 (
HAS ADOPTED THIS DECISION:

1 ), and in
particular Article 18(5) thereof,
Article 1
Whereas:
Subject matter
This Decision lays down measures concerning access rights to
the European database of safety recommendations set up in
(1) Pursuant
to
Article
18(5)
of
Regulation
(EU)
No accordance with Article 18(5) of Regulation (EU) No
996/2010 the European Commission has developed the
996/2010 on the investigation and prevention of accidents
European Safety Recommendation database, which
and incidents in civil aviation which contains the safety recom
became operational in February 2012.
mendations issued or received by Safety Investigation Auth
orities as well as the responses to the safety recommendations
they issued.
(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
Article 2
Investigation Authorities in accordance with Article 17(1)
Status of safety recommendations
and (2) as well as the responses. It also includes safety
recommendations Safety Investigation Authorities
All safety recommendations contained in the database
received from third countries.
mentioned in Article 1 shall be made available to the general
public through a public website.
(3) Pursuant
to
Article
7(3)(g)
of
Regulation
(EU)
No
996/2010, Safety Investigation Authorities have full
Article 3
access to the database mentioned in paragraph 1.
Status of responses to safety recommendations
1. The
access
to
safety
recommendations
responses
shall
be
limited to addressees of safety recommendations.
(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 Investi
2. Any
addressee
of
a
safety
recommendation
may
request
gation Authorities.
access to the responses contained in the database mentioned in
Article 1, in particular the Member States Civil Aviation Auth
orities and the European Aviation Safety Agency. Safety Inves
(5) Safety
recommendations
are
implicitly
public
as
they tigation Authorities outside the European Union may also
often conclude safety investigation reports, which have
request access to the responses contained in the database
a public status according to Regulation (EU) No
mentioned in Article 1.
996/2010. In addition, safety recommendations can
also be released through letters, interim statements/
3. Addressees
of
safety
recommendations
shall
address
their
( 1 ) OJ L 295, 12.11.2010, p. 35.
request to the European Commission.

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EN
14.12.2012 Official
Journal
of
the
European
Union L
342/47
4. The
European
Commission
shall
assess
the
request
and of 30 May 2001 regarding public access to European
decide on a case-by-case basis whether the request is justified
Parliament, Council and Commission documents ( 3 ).
and practicable.
Article 4
This Decision shall apply in accordance with Directive 95/46/EC
Use of database information
of the European Parliament and of the Council of 24 October
1995 on the protection of individuals with regard to the
Safety recommendations and their responses shall not be used
processing of personal data and on the free movement of
to apportion blame or liability.
such data
( 4 ) and Regulation (EC) No 45/2001 of the
European Parliament and of the Council of 18 December
Article 5
2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions
Status of civil aviation occurrences linked to safety
and bodies and on the free movement of such data (
recommendations

5 ).
Access to civil aviation occurrences linked to safety recommen
dations mentioned in Article 1 is defined in Commission Regu
lation (EC) No 1321/2007 of 12 November 2007 laying down
Article 7
implementing rules for the integration into a central repository
Entry into force
of information on civil aviation occurrences exchanged in
accordance with Directive 2003/42/EC of the European
This Decision shall enter into force on the day of its publication
Parliament and of the Council (
in the Official Journal of the European Union.

1 ) and Commission Regulation
(EC) No 1330/2007 of 24 September 2007 laying down imple
menting 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 (
Done at Brussels, 5 December 2012.

2 ).
Article 6
Access to documents and protection of personal data
For the Commission
This Decision shall apply without prejudice to Regulation (EC)
The President
No 1049/2001 of the European Parliament and of the Council
José Manuel BARROSO
( 3 ) OJ L 145, 31.5.2001, p. 43.
( 1 ) OJ L 294, 13.11.2007, p. 3.
( 4 ) OJ L 281, 23.11.1995, p. 31.
( 2 ) OJ L 295, 14.11.2007, p. 7.
( 5 ) OJ L 8, 12.1.2001, p. 1.

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Document Outline

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