4.9How shall States implement Article 16(12) of Regulation 376/2014?

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

4.9 How shall States implement [Article 16(12)](#_DxCrossRefBm2103820751) of Regulation 376/2014? GM to Reg. (EU) No 376/2014 and its IRs <table border="1" cellpadding="0" cellspacing="0"><tr><td valign="top" width="599"><p align="center">Key principle</p><p><a href="#_DxCrossRefBm2103820751"><b>Article 16</b></a>(2) requires the Member States to designate a body responsible for the implementation of <a href="#_DxCrossRefBm2103820751"><b>Article 16</b></a> (6), (9) and (11).</p></td></tr></table> [Article 16](#_DxCrossRefBm2103820751)(6) states the principle of proceedings limitations; [Article 16](#_DxCrossRefBm2103820751)(9) establishes the principle of non-prejudice in a corporate context, both principles being subject to the two exceptions mentioned in [Article 16](#_DxCrossRefBm2103820751)(10). [Article 16](#_DxCrossRefBm2103820751)(11) sets the obligation for organisations to adopt, after consulting its staff representatives, internal rules describing how ‘Just Culture’ principles are guaranteed and implemented within that organisation. <table border="1" cellpadding="0" cellspacing="0"><tr><td valign="top" width="599"><p align="center">Key principle</p><p>Full flexibility is given to the Member States to decide which entity shall be entrusted with this role.</p></td></tr></table> It is understood that it could be an existing entity or an entity established specifically for fulfilling this responsibility. It is also understood that this entity might be elsewhere entrusted with aviation responsibilities, judicial responsibilities, ombudsman related responsibilities or with any other responsibility. Member States are however encouraged to designate an entity which acts independently from those responsible for the implementation of [Article 16](#_DxCrossRefBm2103820751) (6), (9) and (11). The designated entity is responsible for: — Receiving and handling employees and contracted personnel alleged infringements of the rules — Advise the relevant authorities of the Member States on the adoption of actions against those who infringe the principles of protection of the reporter and of other persons mentioned in occurrence reports, such as remedies or penalties — Upon its decision, reviewing ‘Just Culture’ internal rules of organisations established in its Member State. It is understood that this entity shall coordinate with the authorities of its Member State responsible for imposing penalties in infringement to the Regulation and shall advise them about remedies or penalties it intends to adopt ([*Article 16*](#_DxCrossRefBm2103820751)*(12)*). A report detailing the activities of this entity shall be sent to the European Commission every five years.