Article 4 — Mandatory reporting

1.       Occurrences which may represent a significant risk to aviation safety and which fall into the following categories shall be reported by the persons listed in paragraph 6 through the mandatory occurrence reporting systems pursuant to this Article:

(a)      occurrences related to the operation of the aircraft, such as:

(i)      collision-related occurrences;

(ii)     take-off and landing-related occurrences;

(iii)     fuel-related occurrences;

(iv)     in-flight occurrences;

(v)      communication-related occurrences;

(vi)     occurrences related to injury, emergencies and other critical situations;

(vii)    crew incapacitation and other crew-related occurrences;

(viii)   meteorological conditions or security-related occurrences;

(b)     occurrences related to technical conditions, maintenance and repair of aircraft, such as:

(i)      structural defects;

(ii)     system malfunctions;

(iii)     maintenance and repair problems;

(iv)     propulsion problems (including engines, propellers and rotor systems) and auxiliary power unit problems;

(c)      occurrences related to air navigation services and facilities, such as:

(i)      collisions, near collisions or potential for collisions;

(ii)     specific occurrences of air traffic management and air navigation services (ATM/ANS);

(iii)     ATM/ANS operational occurrences;

(d)     occurrences related to aerodromes and ground services, such as:

(i)      occurrences related to aerodrome activities and facilities;

(ii)     occurrences related to handling of passengers, baggage, mail and cargo;

(iii)     occurrences related to aircraft ground handling and related services.

2.       Each organisation established in a Member State shall establish a mandatory reporting system to facilitate the collection of details of occurrences referred to in paragraph 1.

3.       Each Member State shall establish a mandatory reporting system to facilitate the collection of details of occurrences including the collection of details of occurrences collected by organisations pursuant to paragraph 2.

4.       The European Aviation Safety Agency (‘the Agency’) shall establish a mandatory reporting system to facilitate the collection of details of occurrences, including the collection of details of occurrences collected pursuant to paragraph 2 by organisations which have been certified or approved by the Agency.

5.       The Commission shall, by means of implementing acts, adopt a list classifying occurrences to be referred to when reporting occurrences pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).

The Commission shall include in those implementing acts a separate list classifying occurrences applicable to aircraft other than complex motor-powered aircraft. The list shall be a simplified version of the list referred to in the first subparagraph and shall, where appropriate, be adapted to the specificities of that branch of aviation.

6.       The following natural persons shall report the occurrences referred to in paragraph 1 through the system established in accordance with paragraph 2 by the organisation which employs, contracts or uses the services of the reporter or, failing that, through the system established in accordance with paragraph 3 by the Member State of establishment of their organisation, or by the State which issued, validated or converted the pilot’s licence, or through the system established in accordance with paragraph 4 by the Agency:

(a)      the pilot in command, or, in cases where the pilot in command is unable to report the occurrence, any other crew member next in the chain of command of an aircraft registered in a Member State or an aircraft registered outside the Union but used by an operator for which a Member State ensures oversight of operations or an operator established in the Union;

(b)     a person engaged in designing, manufacturing, continuous airworthiness monitoring, maintaining or modifying an aircraft, or any equipment or part thereof, under the oversight of a Member State or of the Agency;

(c)      a person who signs an airworthiness review certificate, or a release to service in respect of an aircraft or any equipment or part thereof, under the oversight of a Member State or of the Agency;

(d)     a person who performs a function which requires him or her to be authorised by a Member State as a staff member of an air traffic service provider entrusted with responsibilities related to air navigation services or as a flight information service officer;

(e)     a person who performs a function connected with the safety management of an airport to which Regulation (EC) No 1008/2008 of the European Parliament and of the Council (^[17]) applies;

(f)      a person who performs a function connected with the installation, modification, maintenance, repair, overhaul, flight-checking or inspection of air navigation facilities for which a Member State ensures the oversight;

(g)      a person who performs a function connected with the ground handling of aircraft, including fuelling, loadsheet preparation, loading, de-icing and towing at an airport covered by Regulation (EC) No 1008/2008.

7.       The persons listed in paragraph 6 shall report occurrences within 72 hours of becoming aware of the occurrence, unless exceptional circumstances prevent this.

8.       Following notification of an occurrence, any organisation established in a Member State which is not covered by paragraph 9 shall report to the competent authority of that Member State, as referred to in Article 6(3), the details of occurrences collected in accordance with paragraph 2 of this Article as soon as possible, and in any event no later than 72 hours after becoming aware of the occurrence.

9.       Following notification of an occurrence, each organisation established in a Member State which is certified or approved by the Agency shall report to the Agency the details of occurrences collected in accordance with paragraph 2 as soon as possible, and in any event no later than 72 hours after becoming aware of the occurrence.