319. Regulation of the Federal Minister of Transport, Innovation and Technology, which enacted a regulation on the reporting of accidents, incidents and incidents in civil aviation (Civil Aviation Reporting Ordinance-ZMV), and which Aviation operator certificate-Regulation 2004 amended

Article 1

Regulation on the reporting of accidents, incidents and incidents in civil aviation (civil aviation reporting regulation-ZMV)

On the basis of § 136 of the Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I No 149/2006, shall be:

Section 1

General

Scope

§ 1. (1) This Regulation shall apply to the notification

1.		of events which would endanger or endanger an aircraft, its occupants or third parties, if no countermeasures are taken, and
2.		of accidents (§ 2 para. 3 of the Accident Investigation Act, BGBl. I n ° 123/2005 as amended) and disturbances (Section 2 (6) and (7) of the Accident Investigation Act),
which have occurred within the territory of the Austrian territory.

(2) This Regulation shall also apply to the reporting of events, accidents and incidents referred to in paragraph 1 (1) (1) and (2) if they have occurred outside the territory of the Austrian territory, provided that the aircraft concerned are affected by:

1.		are registered in the Austrian Air Vehicle Register; or
2.		are operated within the framework of an Austrian air carrier (§ 101 of the Aviation Act) or an Austrian civil aviation school (§ 44 of the Aviation Act).

(3) Examples of notifiable events within the meaning of this Regulation are listed in Annexes 1 and 2.

(4) This Regulation shall also apply to notifications pursuant to any of the provisions referred to in paragraphs 1 to 3 above, to the extent that this is laid down in the following provisions.

Central Reporting Office

§ 2. (1) Austro Control GmbH shall establish a central reporting point for all notifications within the meaning of this Regulation.

(2) If a notification has been submitted, in particular on the basis of special reporting procedures in accordance with § 8, in another place within the Austro Control GmbH, it shall forward the message immediately to the central reporting point.

Definitions

§ 3. For the purposes of this Regulation:

1.		safety-relevant: relevant in the sense of maintaining aviation security;
2.		Transport aircraft: an aeroplane with a maximum permissible take-off mass of 5 700 kilograms or more as well as a multi-motorized rotary wing.

Section 2

Reporting requirements

Occurrence reporting

§ 4. (1) Events in accordance with § 1 shall be reported by each of the persons listed below to the central reporting office of Austro Control GmbH without delay, but no later than 72 hours after the event has been carried out, unless exceptional circumstances prevent this:

1.		Holder or responsible pilot of a turbine-driven civil aircraft or of a commercial aircraft;
2.		Persons who develop, manufacture, maintain or modify turbine-powered civil aircraft or commercial aircraft or equipment or parts thereof;
3.		persons who sign a certificate of inspection, a certificate of airworthiness or a certificate of release for a turbine-driven civil aircraft or a transport aircraft, or for equipment or parts thereof;
4.		persons responsible for the performance of the air traffic service;
5.		Civil aircraft holder and holder of an authorization pursuant to Section 62 (3) of the Aviation Act;
6.		Persons performing a function related to the installation, modification, maintenance, repair, overhaul, flight inspection or control of air traffic control systems;
7.		Persons who are on a civilian airfield or a military airfield operating under an authorization pursuant to Section 62 (3) of the Aviation Act of international air transport with the necessary permanent facilities, a function relating to the handling of Aircraft on the ground, including refuelling, service work, preparation of mass and focus detection as well as loading, tailings and towing of the aircraft.

(2) All persons performing similar functions, as referred to in paragraph 1 above, in other activities in the field of civil aviation may voluntarily report to events unless they are already subject to other arrangements are committed. These persons shall be subject to the same provisions as the persons subject to the notification.

Notification of accidents and incidents

§ 5. Accidents and incidents which are not considered to be events in accordance with § 1 shall be reported to the central reporting office of Austro Control GmbH without delay from the persons referred to in § 136 (1) of the Aviation Act.

Reporting obligations under other provisions

§ 6. Notification obligations under other provisions, e.g. in accordance with Regulation (EC) No 2042/2003, OJ L 327, 31.12.2003, p. No. 1., Regulation (EC) No 1702/2003, OJ L 315, 28.11.2003, p. No. OJ L 243, 27.9.2003, p. 6, the Civil Aviation Vehicle and Aeronautical Equipment Regulation 2005, BGBl. II No 424/2005, or the Air Transport Operator Certificate Regulation 2004, BGBl. II No 425/2004, as amended, shall remain unaffected by this Regulation. Without prejudice to the transmission to other recipients of notification in these provisions, these reports shall be submitted to the central reporting office of Austro Control GmbH (§ 2).

Scope and form of notifications

§ 7. (1) Notifications in accordance with § § 4 and 5 shall contain, in addition to as accurate as possible, the following information about the reporting authority or the reporting body, in particular the availability of telephone facilities and data networks, to the extent that such information is available to and in the case of the case in question are significant:

1.		the type of aircraft, the name of the manufacturer, the nationality of the aircraft, the aircraft identification mark, the nature of the damage and/or defects of the aircraft, any third party damage,
2.		the nature, the manufacturer's name, the nature of the damage and/or defects of the facilities in question in accordance with Annex 1 (D) and Annex 2 (3) and (4),
3.		the persons concerned and the persons concerned together with the name of their function and the authorities required to exercise their function,
4.		in the case of accidents and incidents, the number of persons involved and affected;
5.		the number of injured persons and the consequences of the event, the accident or the disturbance (fatal injuries within the meaning of Section 2 (9) of the Accident Investigation Act, serious violations within the meaning of Section 2 (10) of the Accident Investigation Act), other injuries),
6.		Date, time (UTC), place, date, circumstances and possible causes of the accident, incident or event, where the event is subject to reporting events, where appropriate, the name of the event referred to in Appendix 1 and 2, as well as any other event Emergency measures and
7.		in the case of accidents and incidents relating to the transport of dangerous goods (Section 12a of the Dangerous Goods Transport Act, BGBl. I n ° 145/1998, as amended), the nature of the danger.

(2) For the notifications in accordance with § § 4 to 6, the forms made known by the Austro Control GmbH as the central reporting point in an airfare-usual manner shall be used. These form sheets must be designed by the central reporting body in such a way that all the necessary information can be provided by the notifiable persons.

(3) Notifications in accordance with § § 4 to 6 shall be submitted in writing and may, in accordance with the existing technical possibilities, also be provided with fax, by way of automation-assisted data processing or in any other technically possible way , unless a specific way of transmission is obligatory in other provisions.

Approved reporting procedures

§ 8. In the case of undertakings which have established procedures for the collection and transmission of notifications in accordance with other provisions, the obligations laid down in § § 5 to 7 shall be deemed to have been fulfilled if these procedures are complied with.

Forwarding of the reports to the Federal accident investigation office

§ 9. The central reporting office of Austro Control GmbH has to pass on all notifications received by it to the Federal accident investigation office without delay, but at the latest on the next working day, in accordance with § § 4 to 6.

Collection, storage and evaluation of information

§ 10. (1) All notifications forwarded by the central reporting office of Austro Control GmbH to the Federal Accident Investigation Office of the Federal Republic of Germany shall be responsible for their completeness with regard to the information required in accordance with § 7 (1). check. Any necessary supplements must be obtained from the Federal accident investigation office at the reporting office or at the reporting office.

(2) The Federal accident investigation office has to store the reports in the database in accordance with § 136 (4) of the Aviation Act. In particular, this database shall contain information on:

1.		the type of aircraft and the manufacturer ' s name,
2.		the place, the month and the year, the time, the autumn and the circumstances, as well as possible causes and
3.		the nationality of the aircraft
shall be recorded. All personal data relating to the reporting and those technical information which make it possible to draw conclusions about the identity of the reporting person or third parties must not be stored.

(3) The notifications received at the Federal Accident Investigation Office shall be stored and archived separately from the information stored in the database in accordance with Section 136 (4) of the Aviation Act in an evidence structure. The time limit for the retention of notifications in accordance with § § 4 to 6 shall be at least 10 years. The deadlines shall begin with the date of notification.

(4) The Federal accident investigation agency shall evaluate and process the stored information in such a way as to enable the persons entitled to access the information to be able to carry out analyses according to § 136 (6) of the Aviation Act and to make it possible to use them accordingly. safety-related lessons and, where appropriate, counter-measures can be taken.

(5) The collection, storage and evaluation of information from the reports in accordance with § § 4 to 6 may only serve to prevent accidents and incidents and not to clarify liability and liability issues. The exchange of security-relevant information from events subject to reporting requirements in accordance with § 1 shall also be limited to this purpose. The provision of Section 15 (4) (5) and (5) of the Accident Investigation Act as well as the obligation to provide mutual assistance to the courts and public prosecutors shall remain unaffected.

(6) The Federal accident investigation body shall, if necessary, have the competent authority of a Member State in which:

1.		the notifiable event has taken place, and/or
2.		the aircraft is registered, and/or
3.		the aircraft has been developed or manufactured, and/or
4.		the air carrier which operates the aircraft has been approved,
about the event.

(7) Each year the Federal accident investigation body has a report on the events, accidents and incidents reported in accordance with § § 4 to 6, classified according to the type of aircraft and the manufacturer's name, as well as the nature of the damage, to the Federal Minister for Transport, Innovation and Technology as well as the supervisory authorities according to § 120 and § 141 of the Aviation Act and, insofar as the area of competence of a competent authority according to § 140b is affected, also to submit this and to the Request an evaluation of the data within the meaning of paragraph 4.

Accident investigation

§ 11. If an investigation of an incident in the field of aviation is initiated by the Federal accident investigation body in accordance with § 8 of the Accident Investigation Act, Austro Control GmbH shall be immediately informed of this. The information contained in the investigation report pursuant to § 15 of the Accident Investigation Act must also be stored in the database in accordance with § 136 (4) of the Aviation Act, to be processed and to be evaluated within the meaning of Section 10 (4).

Section 3

Final provisions

entry into force

§ 12. This Regulation shall enter into force on 1 December 2007.

References to Directives

§ 13. This Regulation lays down Directive 2003 /42/EC of the European Parliament and of the Council of 13 June 2003 on reports of events in the field of civil aviation, OJ L 136, 30.4.2003, p. OJ No 167, 4.7.2003 p. 23.

(Annexes 1 and 2 to Article 1 see Appendixes)

Article 2

Amendment of the Air Operator's Certificate-Regulation 2004

On the basis of § 131 of the Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I No 149/2006, shall be:

The Air Operator Certificate-Regulation 2004 (AOCV 2004), BGBl. II. No 425, as last amended by the BGBl Regulation. II No 528/2004, shall be amended as follows:

1. In § 11 Z 2, the words " using the Annex 3 Sample forms (ICAO-Birdstrikereports) " .

2. The Appendix 3 is deleted.

3. In § 20, the following paragraph 5 is added:

" (5) § 11 in the version of the BGBl Regulation. II No 319/2007 shall enter into force on 1 December 2007. Annex 3 shall expire on 30 November 2007. '

Faymann