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3.3What are the organisations subject to Regulation 376/2014?
Available versions for ERULES-1963177438-16963
GM to Reg. (EU) No 376/2014 and its IRs
found in: Occurrence Reporting (376/2014) (Dec 2022)
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Occurrence Reporti... (Dec 2022)
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3.3 What are the organisations subject to 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>Regulation 376/2014 applies to <b>‘‘<i>any organisation providing aviation products and/or which employs, contracts or uses the services of persons required to report occurrences in accordance with </i></b><a href="#_DxCrossRefBm2103820737"><b><i>Article 4</i></b></a><i>(6)</i><b>’’ (i.e. subject to mandatory reporting obligations) (</b><a href="#_DxCrossRefBm2103820734"><b><i>Article 2</i></b></a><i>(8)</i>). It is therefore understood that organisations which do not, on a professional basis, employ, contract or use the services of a person subject to mandatory reporting obligations (see section <a href="#_DxCrossRefBm2103820809"><b>2.2</b></a>) are not requested to comply with the Regulation.</p></td></tr></table> <table border="1" cellpadding="0" cellspacing="0"><tr><td valign="top" width="599"><p>Example:</p><p>Organisations created with the aim of promoting aerial sport and leisure aviation, and which does not, on a professional basis, employ, contract or use the services of someone covered by <a href="#_DxCrossRefBm2103820737">Article 4</a>(6), are understood as not being subject to Regulation 376/2014 and therefore not requested to comply with it.</p></td></tr></table> Furthermore, Regulation 376/2014 contains a number of provisions applicable to ‘‘*each organisation established in a Member Stat’’*. It means that among the organisations which are subject to the Regulation only those which are ‘‘*established in a Member State’’* are subject to those provisions. <table border="0" cellpadding="0" cellspacing="0" width="600"><tr><td width="600"><p align="center"><b>Key principle</b></p><p><b>“Organisation established in a Member State” is understood as meaning:</b></p><p>— each organisation which has been approved or certified by a Member State, and</p><p>— each organisation which has been approved or certified by EASA and whose principal place of business is located in a Member State.</p></td></tr></table> The Regulation is understood as applying to all the facilities of the organisation under its approval, regardless of their location.