IRImplementing rule
1.6Are Member States allowed to adopt national rules which are stricter than Regulation 376/2014?
1.6 Are Member States allowed to adopt national rules which are stricter than Regulation 376/2014? In principle States should not adopt national rules covering issues already regulated in a European Regulation, including rules that would be stricter, unless it is specifically foreseen in that European Regulation.
| Key principle The Member States, and EASA when acting as a competent authority, can adopt measures going beyond the provisions of Regulation 376/2014 only where this possibility is specified in the Regulation itself. |
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| Example: Article 3(2) of Regulation 376/2014 states that the Regulation ‘‘applies to occurrences and other safety-related information involving civil aircraft, with the exception of aircraft referred to in Annex II to Regulation (EC) No 216/2008’’. The paragraph continues as follows ‘‘Member States may decide to apply this Regulation also to occurrences and other safety-related information involving the aircraft referred to in Annex II to that Regulation’’. In such case, while the Regulation is only applicable to non-Annex II aircraft, the possibility is given to States to go beyond and to equally apply it to Annex II aircraft. |
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Similar provisions allowing to go beyond the requirements of the Regulation are included in Articles 5(6), (7) and (8); 6(2), 13(4); (5) and (12); 16(6), (7) and (8).
| Key principle In any other situation, the Member States, and EASA when acting as a competent authority, are not allowed to deviate from the provisions of the Regulation. |
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| Example: Article 4(7) requests reporters to ‘‘report occurrences within 72 hours of becoming aware of the occurrence, unless exceptional circumstances prevent this’’. Adopting a national legal measure requesting reporters to report occurrence within a short deadline (e.g. 36 hours) is not authorised and is understood as going against the Regulation. |
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IR — Regulation (EU) No 376/2014 · GM to Reg. (EU) No 376/2014 and its IRs · Occurrence Reporting Easy Access Rules · EAR revision 27 Sep 2023