Commission Implementing Regulation (EU) 2021/2082 of 26 November 2021 laying down the arrangements for the implementation of Regulation (EU) No 376/2014 of the European Parliament and of the Council as regards the common European risk classification scheme (Text with EEA relevance)

This Regulation lays down the arrangements for the implementation of the common European risk classification scheme (‘ERCS’) set out in Delegated Regulation (EU) 2020/2034.

For the purposes of this Regulation, the definitions in Article 2 of Delegated Regulation (EU) 2020/2034 apply. The following definitions also apply: (1) ‘ARMS-ERC methodology’ means the methodology developed by the industry working group ‘Airline Risk Management Solutions’ (ARMS) for assessing operational risks; (2) ‘ATM’ means air traffic management as defined in Article 2(10) of Regulation (EC) No 549/2004 of the European Parliament and of the Council ; (3) ‘ATM airborne severity score’ means the part of the RAT methodology that assesses the air operation performance of the occurrence; (4) ‘ATM ground severity score’ means the part of the RAT methodology that assesses the system performance (procedures, equipment and human) of the ATM system; (5) ‘ATM overall severity score’ means the ATM ground severity score and ATM airborne severity score combined into one single score; (6) ‘RAT methodology’ means the Risk Analysis Tool methodology developed by Eurocontrol used to classify safety related occurrences in the ATM domain; (7) ‘Eurocontrol’ is the European Organisation for the Safety of Air Navigation set up by the International Convention of 13 December 1960 relating to Cooperation for the Safety of Air Navigation .

1 The competent authority of the Member State or the Agency shall review and, if necessary, amend, and endorse the safety risk classification contained in the occurrence report of the occurrence concerned in accordance with the ERCS as set out in Commission Delegated Regulation (EU) 2020/2034.

2 Without prejudice to paragraph 1, the competent authority of the Member State or the Agency shall use the direct conversion procedure set out in the Annex when converting the safety risk classification determined through ARMS/ERC 4x4 or RAT ‘ATM Overall’ methodologies. For safety risk classifications determined through other methodologies, the competent authority of the Member State or the Agency may use the manual conversion procedure set out in point 2 of the Annex, or other conversion procedures as deemed appropriate, as long as an equivalent ERCS classification is achieved.

1 On 31 March 2026 and every 5 years thereafter, each Member State shall provide the Commission and the Agency with a report on the use of the ERCS.

2 The Agency shall review the information received from Member States in accordance with paragraph 1 of this Article, as well as other information that the Agency may receive regarding the implementation of the ERCS. The review by the Agency may take account of the expertise of the network of aviation safety analysts (NoA) referred to in Article 14(2) of Regulation (EU) No 376/2014 and relevant expert groups if established by the Agency.

1 The conversion procedures set out in the Annex shall be subject to regular review by the Agency to ensure its continuing relevance. The review may take account of the expertise of the NoA and relevant expert groups if established by the Agency.

2 When applicable, Member States shall notify to the Commission and the Agency the use of the manual conversion procedure set out in point 2 of the Annex and other conversion procedures referred to in Article 3(2) of this Regulation.

This Regulation shall enter into force on 1 January 2023.