In Europe, Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, make the reporting mandatory of specific occurences.
Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported.
Art 5 of Reg 2014/376 also provide a possibility of Voluntary reporting.
Article 13 Occurrence analysis and follow-up at national level:
2.When, following the analysis referred to in paragraph 1, an organisation established in a Member State identifies any appropriate corrective or preventive action required to address actual or potential aviation safety deficiencies, it shall:
(a) implement that action in a timely manner; and
(b) establish a process to monitor the implementation and effectiveness of the action.
3.Each organisation established in a Member State shall regularly provide its employees and contracted personnel with information concerning the analysis of, and follow-up on, occurrences for which preventive or corrective action is taken.
Further in Article 6 Collection and storage of information
The handling of the reports shall be done with a view to preventing the use of information for purposes other than safety, and shall appropriately safeguard the confidentiality of the identity of the reporter and of the persons mentioned in occurrence reports, with a view to promoting a ‘just culture’.
Article 16 Protection of the information source
12. Each Member State shall designate a body responsible for the implementation of paragraphs 6, 9 and 11. Employees and contracted personnel may report to that body alleged infringements of the rules established by this Article. Employees and contracted personnel shall not be penalised for reporting alleged infringements. Employees and contracted personnel may inform the Commission about such alleged infringements.
Where appropriate, the designated body shall advise the relevant authorities of its Member State concerning remedies or penalties in application of Article 21.
In 2019 there were public and targeted consultations on updatin Reg 2014/376. From May-Sep 2020 there is a Commission Staff Working Document which is supposed to be adopted by November 2020.
You can follow the status here:
https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2019-2781949_en#plan-2019-5269
IFATSEA participated in creation a Just Culture toolbox to support the implementation of the EU Regulation on Occurrence Reporting (Reg. 376/2014) in ATM.
The Toolbox aims to foster a healthy and open reporting culture in ATM, and thereby create a Just Culture. This work ended by the adoption of the JC Toolbox by the EU in a conference of the ‘Reinforcement of Social Dialogue in ATM’ project in October 2018.
The project was conducted by CANSO in cooperation with its European social partners European Transport Workers’ Federation (ETF) and Air Traffic Controllers European Union Coordination (ATCEUC).
IFATSEA like to appreciate the work of Mr Danilo Pisciottu, CANSO Manager European Regulatory and Social Affairs, for the coordination of this project.
Please read Mr Pisciottu’s blog “Why aviation needs effective social partners” of 30 October 2018, concerning this project.