DPO.OR.A.045 Failures, malfunctions, and defects

• Regulation (EU) 2023/1769 found in: ATM/ANS Equipment (2023/1769 and 2023/1768) Part-DPO Part-ATM/ANS.EQMT (Nov 2024)

DPO.OR.A.045 Failures, malfunctions, and defects Regulation (EU) 2023/1769 (a)       The holder of an approval issued in accordance with this Regulation shall: (1)       establish and maintain a system for collecting, investigating and analysing reports of and information on failures, malfunctions, defects or other occurrences which have caused or might cause adverse effects on the continuing compliance of the ATM/ANS equipment with the applicable requirements; (2)       inform all known users of the ATM/ANS equipment concerned and, on request, any person mandated under other associated regulations, about the system established in accordance with point (1) and about how to provide such reports of and information on failures, malfunctions, defects or other occurrences. (b)       For organisations that have their principal place of business in a Member State, the system established in accordance with point (a)(1) shall include provisions for occurrence reporting and follow-up that meet the requirements of Regulations (EU) No 376/2014 and (EU) No 2018/1139 and the delegated and implementing acts adopted on their basis. (c)       The approval holder shall report to the Agency any failure, malfunction, defect or other occurrence of which it is aware, and which has resulted or may result in an unsafe, insecure, or under-performing condition. (d)       For approval holders that do not have their principal place of business in a Member State, reports shall be made in a form and manner established by the Agency, as soon as practicable and in any case submitted not later than 72 hours after the person or organisation has become aware of the particular occurrence, unless exceptional circumstances prevent this. (e)       The approval holder shall investigate an occurrence that has been reported under point (c), including the deficiencies that have led to that occurrence, and report to the Agency the results of its investigation and any action it intends to take or proposes to take to correct these deficiencies.