{
  "url": "https://openlegislation.uk/eu-regulation-2011-1178/annex-VI/division-SUBPART+GEN/section-III/division-ARA.GEN.350",
  "json_url": "https://openlegislation.uk/eu-regulation-2011-1178/annex-VI/division-SUBPART+GEN/section-III/division-ARA.GEN.350.json",
  "legislation": "eur/2011/1178",
  "legislation_title": "Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2011-1178",
  "path": "annex/VI/division/SUBPART+GEN/section/III/division/ARA.GEN.350",
  "kind": "division",
  "number": "ARA.GEN.350",
  "heading": "Findings and corrective actions – organisations",
  "text": "(a)The CAA for oversight in accordance with ARA.GEN.300 (a) shall have a system to analyse findings for their safety significance.\n(b)A level 1 finding shall be issued by the CAA when any significant non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval or certificate which lowers safety or seriously hazards flight safety.\nThe level 1 findings shall include:\n(1)failure to give the CAA access to the organisation’s facilities as defined in ORA.GEN.140 during normal operating hours and after two written requests;\n(2)obtaining or maintaining the validity of the organisation certificate by falsification of submitted documentary evidence;\n(3)evidence of malpractice or fraudulent use of the organisation certificate; and\n(4)the lack of an accountable manager.\n(c)A level 2 finding shall be issued by the CAA when any non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval or certificate which could lower safety or hazard flight safety.\n(d)When a finding is detected during oversight or by any other means, the CAA shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and its Implementing Rules, communicate the finding to the organisation in writing and request corrective action to address the non-compliance(s) identified. Where relevant, the CAA shall inform the State in which the aircraft is registered.\n(1)In the case of level 1 findings the CAA shall take immediate and appropriate action to prohibit or limit activities and, if appropriate, it shall take action to revoke the certificate or specific approval or to limit or suspend it in whole or in part, depending upon the extent of the level 1 finding, until successful corrective action has been taken by the organisation.\n(2)In the case of level 2 findings, the CAA shall:\n(i)grant the organisation a corrective action implementation period appropriate to the nature of the finding that in any case initially shall not be more than 3 months. At the end of this period, and subject to the nature of the finding, the CAA may extend the 3-month period subject to a satisfactory corrective action plan agreed by the CAA; and\n(ii)assess the corrective action and implementation plan proposed by the organisation and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.\n(3)Where an organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the CAA, the finding shall be raised to a level 1 finding and action taken as laid down in (d)(1).\n(4)The CAA shall record all findings it has raised or that have been communicated to it and, where applicable, the enforcement measures it has applied, as well as all corrective actions and date of action closure for findings.\n(da)By way of derogation from paragraphs (a) to (d), in the case of DTOs, if during oversight or by any other means the CAA finds evidence that indicates DTO non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the CAA shall:\n(1)raise a finding, record it, communicate it in writing to the representative of the DTO and determine a reasonable period of time within which the DTO is to take the steps specified in point DTO.GEN.150 of Annex VIII (Part-DTO);\n(2)take immediate and appropriate action to limit or prohibit the training activities affected by the non-compliance until the DTO has taken the corrective action referred to in point (1), where any of the following situations occurs:\n(i)a safety problem has been identified;\n(ii)the DTO fails to take corrective action in accordance with point DTO.GEN.150;\n(3)in respect of the training programmes referred to in point DTO.GEN.230(c) of Annex VIII (Part-DTO), limit, suspend or revoke the approval of the training programme;\n(4)take any further enforcement measures necessary in order to ensure the termination of the non-compliance and, where relevant, remedy the consequences thereof.\n(e)...",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in Annex 6 point ARA.GEN.350(a)-(da) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 321(13)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Inserted by Commission Regulation (EU) 2018/1119 of 31 July 2018 amending Regulation (EU) No 1178/2011 as regards declared training organisations."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Substituted by Commission Implementing Regulation (EU) 2020/359 of 4 March 2020 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Annex 6 point ARA.GEN.350(e) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 321(13)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2011/1178/annex/VI/division/SUBPART+GEN/section/III/division/ARA.GEN.350",
    "retrieved_at": "2026-11-01T14:49:46.231029+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}