Article 72 - Information gathering, exchange and analysis

• Regulation (EU) 2018/1139 found in: Basic Regulation EU 2018/1139 (Jan 2023)

#### Article 72 – Information gathering, exchange and analysis Regulation (EU) 2018/1139 1. The Commission, the Agency and the national competent authorities shall exchange any information available to them in the context of the application of this Regulation and of the delegated and implementing acts adopted on the basis thereof, which is relevant to the other parties for the performance of their tasks under this Regulation. The competent authorities of the Member States entrusted with the investigation of civil aviation accidents and incidents, or with the analysis of occurrences, shall also be entitled to access to that information for the performance of their tasks. That information may also be disseminated to interested parties in accordance with the implementing acts referred to in paragraph 5. 2. Without prejudice to Regulations (EU) No 996/2010 and (EU) No 376/2014, the Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation, including operational flight data. For that purpose, the Agency may enter into arrangements on information gathering, exchange and analysis with natural and legal persons subject to this Regulation or with associations of such persons. When gathering, exchanging and analysing the information and entering into and giving effect to such arrangements, the Agency shall limit the administrative burden on the persons concerned as much as possible and ensure appropriate protection of the information, including of any personal data contained therein, in accordance with paragraph 6 of this Article and with Articles 73(1), 123 and 132 of this Regulation. 3. The Agency shall, upon request, assist the Commission in the management of the European Central Repository referred to in Article 8 of Regulation (EU) No 376/2014. 4. Upon a request by the Commission, the Agency shall analyse urgent or important issues falling within the scope of this Regulation. Where relevant, the national competent authorities shall cooperate with the Agency for the purpose of conducting such analysis. 5. The Commission shall adopt implementing acts laying down detailed rules for the exchange of the information referred to in paragraph 1 of this Article between the Commission, the Agency and the national competent authorities and the dissemination of such information to interested parties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in [Article 127(3)](#_DxCrossRefBm1884563541). The detailed rules referred to in the first subparagraph of this paragraph shall take account of the need to: (a) provide natural and legal persons subject to this Regulation with the information they need to ensure compliance with and further the objectives set out in [Article 1](#_DxCrossRefBm1884563514); (b) limit the dissemination and use of information to what is strictly necessary for achieving the objectives set out in [Article 1](#_DxCrossRefBm1884563514); (c) prevent making the information available or prevent the information being used in order to attribute blame or liability, without prejudice to applicable national criminal law. 6. The Commission, the Agency and the national competent authorities, as well as the natural and legal persons and the associations of those persons referred to in paragraph 2 of this Article, shall, in accordance with Union and national law, take the necessary measures to ensure appropriate confidentiality of the information received by them pursuant to this Article. This paragraph is without prejudice to any stricter confidentiality requirements provided for in Regulations (EU) No 996/2010, (EU) No 376/2014, or other Union legislation. 7. In order to inform the general public of the overall level of civil aviation safety in the Union, the Agency shall annually, and, when special circumstances apply, publish a safety review. That review shall contain an analysis of the general safety situation in wording that is simple and easy to understand and it shall indicate whether there are increased safety risks.