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Regulation (EU) 2018/1139 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (Text with EEA relevance)
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Changes over time for: Article 73
Version Superseded: 31/12/2020
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Article 73U.K.Protection of the source of information
1.When the information referred to in Article 72(1) and (2) has been provided to a national competent authority, the source of such information shall be protected in accordance with the applicable Union and national law on the protection of the source of information relating to civil aviation safety. Where such information is provided by a natural person to the Commission or the Agency, the source of such information shall not be revealed and personal details of that source shall not be recorded together with the information provided.
2.Without prejudice to applicable national criminal law, Member States shall refrain from instituting proceedings in respect of unpremeditated or inadvertent infringements of the law which come to their attention only because the information about those infringements have been provided pursuant to this Regulation and to the delegated and implementing acts adopted on the basis thereof.
The first subparagraph shall not apply in cases of wilful misconduct or in cases where there has been a manifest, severe and serious disregard of an obvious risk and profound failure of professional responsibility to take such care as is evidently required in the circumstances, causing foreseeable damage to a person or property, or which seriously compromises the level of civil aviation safety.
3.Member States may retain or adopt measures to strengthen the protection of sources of information referred to in paragraph 1.
4.Employees and contracted personnel who provide information in application of this Regulation and of the delegated and implementing acts adopted on the basis thereof shall not be subject to any prejudice by their employer or by the organisation for which they provide services, on the basis of the information provided.
The first subparagraph shall not apply in cases of wilful misconduct or in cases where there has been a manifest, severe and serious disregard of an obvious risk and profound failure of professional responsibility to take such care as is evidently required in the circumstances, causing foreseeable damage to a person or property, or which seriously compromises aviation safety.
5.This Article shall not prevent the Commission, the Agency and the Member States from taking any action necessary for maintaining or improving civil aviation safety.
6.This Article shall be without prejudice to the rules on protection of the source of information set out in Regulations (EU) No 996/2010 and (EU) No 376/2014.
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