2.4How can I know if an occurrence is reportable?

• GM to Reg. (EU) No 376/2014 and its IRs found in: Occurrence Reporting (376/2014) (Dec 2022)

2.4 How can I know if an occurrence is reportable? GM to Reg. (EU) No 376/2014 and its IRs Safety management systems rely on the collection and analysis of safety related information. Therefore, anything that is perceived by the individuals as having the potential to impact or potentially impact safety should be reported. The mandatory obligation of reporting is linked with the awareness of the situation by the person subject to the reporting obligation. It is understood that ‘‘being aware’’ of an occurrence refers to situations where the individual has been directly involved in the occurrence. Therefore, for example, while being aware of an occurrence through radio on-board the aircraft or ear say may motivate the reporting to the organisation or to the competent authority under VORS, this should not be understood as a legal obligation to be discharged by the individual under MORS. Regulation 2015/1018 contains certain occurrences which are factual events easily identifiable such as ‘‘*a collision on the ground or in the air, with another aircraft, terrain or obstacle*’’. In such cases, as soon as the occurrence happens and the potential reporter is aware of it, the obligation to report it applies. Regulation 2015/1018 also includes situations in which a judgement has to be made by the reporter to assess whether the aircraft or its occupants have or might have been endangered. This is for example the following occurrence: ‘‘*Significant failure, malfunction or defect of aerodrome equipment or system considered to have endangered or which might have endangered the aircraft or its occupants*’’. In such cases, the occurrence is reportable if the potential reporter has assessed that the aircraft or its occupants have or might have been endangered. In such situations it is more difficult to identify whether the reporter has fulfilled his/her obligations under the legislation or not. This may be particularly challenging if the reporter has decided not to report an occurrence which has been reported by another person in the context of voluntary reporting schemes ([*Recital 38*](#_DxCrossRefBm2103820732)). <table border="1" cellpadding="0" cellspacing="0"><tr><td valign="top" width="599"><p align="center">Key principle</p><p>Regulation 376/2014 prescribes potential reporters to report defined occurrences they are aware of. It is understood that if the reporter is not aware of the occurrence or if, in relevant cases, the reporter judges that the aircraft, its occupants or any other person have not been endangered or potentially endangered, and has therefore not reported the occurrence, the reporter may not be considered as infringing his/her reporting obligations under Regulations 376/2014 and 2015/1018.</p></td></tr></table> The Regulation sets the necessary legal framework to encourage individual reporters to go beyond the strict compliance with the mandatory reporting obligations and share those issues perceived by them as a threat to the aviation system with the relevant party (organisation or competent authority, as applicable). Therefore any occurrence or safety-related information considered as safety relevant by reporters should be reported. <table border="1" cellpadding="0" cellspacing="0"><tr><td valign="top" width="599"><p align="center">Key principle</p><p>In situations where the reporter is aware about an occurrence and suspects it is reportable but cannot determine it with certainty, he/she is expected to report it.</p></td></tr></table>