Notification
Obligation to notify the BEA without delay of an event
Anyone who becomes aware that an accident or serious incident has occurred must notify the safety investigation authority of the country where it occurred without delay, namely the BEA for France.
This requirement is governed by Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation.
Furthermore, Article L6232-10 of the Transport Code stipulates that "it is punishable by one year of imprisonment and a fine of €15,000 for persons who, by virtue of their functions, are called upon to know of an accident or serious incident as defined in Article 2 of Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and occurring to an aircraft referred to in Article L. 6222-1, to fail to report it".
Accident (definition)
An accident is an event related to the operation of an aircraft which, in the case of a piloted aircraft, occurs between the time a person boards with the intention of making a flight and the time all persons who boarded with that intention have disembarked, or, in the case of an unmanned aircraft, between the time the aircraft is ready to maneuver for flight and the time it comes to a stop at the end of flight and the main propulsion system is shut down, and during which:
(a) a person is fatally or seriously injured as a result of being:
- in the aircraft, or
- in direct contact with any part of the aircraft, including parts that have become detached from it, or
- directly exposed to jet blast, except for injuries due to natural causes, injuries inflicted on the person by themselves or others, or injuries sustained by a stowaway hidden outside areas to which passengers and crew normally have access; or
b) the aircraft sustains structural damage or failure which impairs its structural strength, performance or flight characteristics, and which would normally require extensive repair or replacement of the damaged component, except in the case of engine failure or engine malfunctions, where the damage is limited to a single engine (including its cowlings or accessories), propellers, wingtips, antennas, probes, angle-of-attack vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windshields, fuselage skin, such as small nicks or punctures, or minor damage to the main rotor blades, tail rotor blades, landing gear and that caused by hail or bird strikes (including radome punctures); or
(c) the aircraft has disappeared or is totally inaccessible;
Extract from Regulation (EU) No 996/2010.
Serious incident (definition and list of examples)
A serious incident is an incident whose circumstances indicate a high probability of an accident, which is related to the operation of an aircraft, and which, in the case of a piloted aircraft, occurs between the time a person boards with the intention of flying and the time all persons who boarded with that intention have disembarked, or, in the case of an unpiloted aircraft, occurs between the time the aircraft is ready to maneuver for flight and the time it comes to a stop at the end of flight and the main propulsion system is shut down.
- The incidents listed below are typical examples of incidents that could be considered serious incidents:
- The listed incidents are typical examples of incidents that could be considered serious incidents. This list is not exhaustive and is provided only as a guide to defining the term "serious incident."
- Near-collision requiring an evasive maneuver to prevent a collision or hazardous situation, and in the event that evasive action would have been appropriate.
- Near-miss impact with the ground without loss of control.
- Aborted takeoffs on a closed or occupied runway, on a taxiway other than authorized helicopter operations, or on an unassigned runway.
- Takeoffs from a closed or occupied runway, on a taxiway other than authorized helicopter operations, or on an unassigned runway.
- Landings or attempted landings on a closed or occupied runway, on a taxiway other than authorized helicopter operations, or on an unassigned runway.
- Takeoff or initial climb performance significantly below expected performance.
- Fires or smoke in the passenger cabin or cargo compartments, or engine fires, even if extinguished with fire-retardant agents.
- Events requiring the use of emergency oxygen by the flight crew.
- Structural aircraft failures or engine disintegrations, including uncontained turbomachine failures, not classified as accidents.
- Multiple failures of one or more onboard systems that impair the aircraft's operation.
- Cases of flight crew incapacitation during flight.
- Amount of fuel that requires the pilot to declare an emergency.
- Runway incursions classified as Severity Grade A in accordance with the Runway Incursion Prevention Manual (ICAO Doc. 9870), which contains information on severity classifications.
- Takeoff or landing incidents. Incidents such as an insufficient approach, runway overrun, or runway excursion.
- System failures, weather phenomena, flight outside the approved flight envelope, or other events that could have made aircraft control difficult.
- Failure of more than one system in a mandatory redundant flight guidance and navigation system.
Extracts from Regulation (EU) No 996/2010.
BEA assessment and decision – list of incidents to be reported to the BEA
The assessment of the severity of an incident falls under the purview of the authority responsible for safety investigations.
Furthermore, while it is obligated to open an investigation into an accident or serious incident in accordance with Regulation (EU) No 996/2010, the BEA may also decide to open an investigation into any type of incident related to flight safety.
The BEA has established, by decree of March 10, 2025, the following list of incidents that must be reported to it:
CIVIL AVIATION INCIDENTS CONCERNING AN AIRCRAFT WITH A FLIGHT CREW MEMBER ON BOARD, EQUIPPED WITH ONE OR MORE GAS-TURBINE ENGINES OR AN AIRCRAFT WITH A FLIGHT CREW MEMBER ON BOARD, ON THE FLEET LIST OF AN OPERATOR HOLDING AN AIR OPERATOR CERTIFICATE
A. Air operations
1. Collisions, risks of collision:
a) Collision with another aircraft, the ground, a vehicle or any other fixed or moving obstacle not classed as an accident;
b) Loss of separation presenting a risk of collision with another aircraft, the ground, a vehicle or any other fixed or moving obstacle with or without an evasive manoeuvre;
2. Take-off or landing incidents, including:
a) Landing short of or beside the runway;
b) Runway overrun or veer-off;
c) Use of a closed, occupied or unsuitable runway;
d) Use of an area other than a take-off/landing area;
e) Runway incursion.
3. In-flight control of aircraft:
a) Inability to achieve the planned take-off, go-around or climb-out performance;
b) Substantial and unintentional deviation from planned speed, flight path or altitude, whatever the reason;
(c) Flight outside of the flight envelope or loss of control, whatever the reason;
(d) Operation of any primary warning system associated with the operation of the aircraft, e.g. configuration alert, stall warning (stick shake) or overspeed alert, except when activated for training or test purposes or when the flight crew have established with certainty that the indication was false and did not result in any difficulty or risk;
4. Distress and emergency situations:
a) A situation leading to the use of any emergency equipment or the application of prescribed procedures in an emergency situation;
b) Declaration of a distress (“MAYDAY”) or emergency ("PAN-PAN") situation.
c) Any case of an incapacitation of a flight crew member.
5. In-flight technical failures:
a) Aircraft structural failure;
b) Separation of one or several aircraft elements including one or several elements of an engine;
c) A flight control malfunction that significantly degrades the handling characteristics of the aircraft;
d) Multiples failures of one or several on-board systems compromising the control of the aircraft.
B. Air navigation services and airport operations
1. Any event relating to air operations (Part A of this Order) detected by the air navigation services as a result of information transmitted by the crew, continuous traffic monitoring or the triggering of an alert or warning system specific to air navigation services.
2. Incorrect transmission, reception or interpretation of radiotelephony messages resulting in a dangerous or potentially dangerous situation.
3. Occupation of an aerodrome manoeuvring area by an aircraft, vehicle, animal or foreign object, resulting in a dangerous or potentially dangerous situation.
C. Aircraft maintenance and repairs
Damage or deterioration (e.g. breakage, corrosion, etc.), whatever the cause, observed during a maintenance operation to:
a) the primary structure or a major structural component (as defined in the manufacturers' repair manual), where such damage or deterioration exceeds the allowable limits specified in the repair manual and requires the repair or replacement of all or part of the component;
b) the secondary structure, where such damage or deterioration has or could have endangered the aircraft.
D. Ground services and provision of flight data
1. Significant discrepancy between the actual weight or centre of gravity of the aircraft and the values in the weight and balance sheet provided to or taken into account by the crew.
2. Incorrect loading or stowage of baggage or cargo that could endanger the aircraft, its equipment or occupants or prevent emergency evacuation.
3. Provision of largely incorrect, inadequate or misleading information from any ground source, e.g. meteorological information or aeronautical information publications.
CIVIL AVIATION INCIDENTS CONCERNING AN AIRCRAFT WITH A FLIGHT CREW MEMBER ON BOARD, THAT IS NOT EQUIPPED WITH A GAS-TURBINE ENGINE OR THAT IS NOT INCLUDED ON THE FLEET LIST OF AN OPERATOR HOLDING AN AIR OPERATOR’S CERTIFICATE
A near-collision that required an evasive action to prevent a collision or an unsafe situation.
A narrowly avoided situation of controlled flight into terrain (CFIT).
A rejected or continued take-off on a closed or occupied runway with very little margin to obstacles.
A landing or attempted landing on a closed or occupied runway.
A landing short of or next to the runway.
A runway overrun or veer-off.
A notable deterioration of the expected performance during take-off or climb-out.
Any fire or smoke in the passenger cabin or cargo compartments, or an engine fire, even if the fire is extinguished using extinguishing agents.
Any occurrence that required the use of emergency oxygen supplies by the flight crew.
An aircraft structural failure or engine disintegration that is not classed as an accident.
Multiple failures of one or more aircraft systems that severely hamper the operation of the aircraft.
Any case of in-flight incapacitation of a flight crew member.
Any fuel situation that would require the pilot to declare an emergency.
System failures, weather phenomena, flight outside the approved flight envelope, or other occurrences that could have made it difficult to control the aircraft.
Any loss of control, no matter what the cause.
A failure of more than one system in a redundancy system that is mandatory for flight guidance and navigation.
CIVIL AVIATION INCIDENTS INVOLVING AIRCRAFT WITHOUT A FLIGHT CREW MEMBER ON BOARD
1. Collision not classed as an accident with or dangerous loss of separation to a manned aircraft, regardless of the category of aircraft without a flight crew member on board.
2. Striking of one or more third parties on the ground not classed as an accident or loss of separation with respect to one or more third parties on the ground involving a risk of serious or fatal injury, regardless of the category of aircraft without a flight crew member on board.
3. Loss of control of flight path or loss of connection involving an aircraft without a flight crew member on board, in the certified category or specific category.
4. Near collision with the ground involving:
a) an aircraft without a flight crew member on board in the certified category, regardless of location;
b) an aircraft without a flight crew member on board in the specific category, outside a specified area indicated in the safety study required for the flight, if applicable.
Contact for notifying the BEA of an event
To notify the BEA of an event in accordance with Regulation (EU) No 996/2010 and/or the Order of 10 March 2025, contact the BEA's duty officer:
By telephone: +33 1 49 92 72 72 / +33 1 48 35 86 54
By email: permanence@bea.aero
Via the online form: https://bea.aero/contact/ (by selecting "report an event")
Note
Even though common forms of communication can be used, notification of an event to the BEA in accordance with Regulation (EU) No 996/2010 and/or the Order of 10 March 2025 does not constitute notification to the DSAC under Regulation (EU) 376/2014. Furthermore, certain events that do not require notification to the BEA must be notified to the DSAC under Regulation (EU) 376/2014. The DSAC has published a guide describing the expected notification under this regulation.