REPORTS
Failure to designate a body referred to in Article 16(12) of Regulation (EU) 376/2014 on occurrence reporting in civil aviation
1. Each Member State of the European Union shall apply EU law and take appropriate action to that end. The European Commission is the body responsible for detecting possible breaches of EU law.
In the event that a Member State does not apply Union law and fails to fulfill any of the obligations laid down in the EU Treaties, the European Commission may initiate formal infringement proceedings under Articles 258 and 260 TFEU (details of infringement proceedings here).
2. Article 16 (12) of Regulation (EU) 376/2014 (on the reporting, analysis and follow-up of occurrences in civil aviation), obligates Member States to designate a “just culture body” to ensure that anyone in civil aviation reporting safety-relevant incidents and accidents is not unduly penalised by their employer or by their Member State’s authorities. The body is also responsible for reviewing the internal rules of civil aviation organisations setting out the implementation of just culture principles within the organisation.
Greece, however, has failed to do so [infringement number: INFR (2020) 2027]. For this reason, as stated in the “June infringement package: key decisions/9-6-2021”, the European Commission has sent a reasoned opinion to the country, calling on it to designate a ‘just culture body´
The application of EU law is an obligation of the Member States of the European Union. If possible breaches of EU law are detected, the European Commission may take a series of actions against that Member State to ensure the correct and full application of EU law by initiating infringement proceedings in accordance with Articles 258 and 260 of the TFEU.
In this case, the European Commission sent a reasoned opinion to Greece as the country has not fully complied with the requirements of Regulation (EU) 376/2014, having failed to designate a ‘just culture body´ as required in Article 16(12) of the European Regulation on the reporting, analysis and follow-up of occurrences in civil aviation (Regulation (EU) No 376/2014).
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