Non Compliances with AMC 1 145.A.30 (e) for easa approved part 145 organisations

Die Anfrage wurde abgelehnt durch Europäische Agentur für Flugsicherheit.

Dear European Aviation Safety Agency,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Audits and resolution of part 145 foreign repair stations certified by EASA and not another competent authority where a non-compliance was noted regarding AMC 145.A.30(e) Personnel requirements (7) specifically relating to GM 145.A.30(e) and in particular the sections
1. “Adequate communication and literacy skills”
2. “Ability to understand work orders, work cards and refer to and use applicable maintenance data”
3.“Ability to properly record and sign for work accomplished”

Yours faithfully,

Mick Mc Donnell

info, Europäische Agentur für Flugsicherheit

Dear Sir/Madam,

Thank you for your email.

We have forwarded your request to our experts and we hope to send you a reply as soon as possible.

Regards,

EASA Communications & External Relations

MASBONSON Raphaele, Europäische Agentur für Flugsicherheit

3 Attachments

Dear Mr McDonnell,

 

On behalf of Mr Frank Manuhutu, Chief Legal Adviser at EASA, please find
attached a reply to your email dated 19 December 2013.

 

Best regards,

Raphaële Masbonson

 

 

 

 

[1]Description: Description: Description: Description: Description:
Description: Description: cid:image002.jpg@01CB80EC.5BDEDB00            
Raphaele Masbonson

 

             EASA - European Aviation Safety Agency

             Executive Directorate
             Legal Department   (E5) 
             Postfach 10 12 53  
             D 50452 Cologne

 

             phone:    0049 (0) 221 8 99 90 2217

             fax :        0049 (0) 221 8 99 90 2717
             email:     [2]raphaele.masbonson@easa.europa.eu 
             website:  [3]www.easa.europa.eu

 

 

References

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file:///tmp/blocked::blocked::http:/www.easa.europa.eu/

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Reply due on 22nd of January according to EASA

Dear MASBONSON Raphaele,

Can you confirm that the request made in December 2013
will be answered by today as per the reply referenced above.

Yours sincerely,

Mick Mc Donnell

MASBONSON Raphaele, Europäische Agentur für Flugsicherheit

3 Attachments

Dear Mr McDonnell,

 

On behalf of Mr Frank Manuhutu, Chief Legal Adviser at EASA, please find 
attached a reply to your email dated 19 December 2013.

 

Best regards,

 

Raphaële Masbonson

 

 

 

 

[1]Description: Description: Description: Description: Description:
Description: Description: cid:image002.jpg@01CB80EC.5BDEDB00            
Raphaele Masbonson

 

             EASA - European Aviation Safety Agency

             Executive Directorate
             Legal Department   (E5) 
             Postfach 10 12 53  
             D 50452 Cologne

 

             phone:    0049 (0) 221 8 99 90 2217

             fax :        0049 (0) 221 8 99 90 2717
             email:     [2]raphaele.masbonson@easa.europa.eu 
             website:  [3]www.easa.europa.eu

 

 

References

Visible links
2. mailto:[email address]
3. blocked::blocked::http://www.easa.europa.eu/ blocked::blocked::blocked::http://www.easa.europa.eu/ http://www.easa.europa.eu/
file:///tmp/blocked::blocked::http:/www.easa.europa.eu/

Dear European Aviation Safety Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of European Aviation Safety Agency's handling of my FOI request 'Non Compliances with AMC 1 145.A.30 (e) for easa approved part 145 organisations'.

. For many reasons, I consider that access to documents relating to the how EASA certifies repair stations is of fundamental importance in terms of the need to ensure the transparency of the current process and to allow EU citizens to monitor how our Union certifies as safe aviation repair organisations.
The process of audits of these organisations and how EASA deals with non-compliance of the Part-145 regulations is a vital safety issue for the aviation industry and the citizens of the European Union.
Notwithstanding the delicate nature of the audits, a lack of information in the wider public domain cannot be justified in view of the significant long-term consequences of citizens having no insight into how our union through the European Aviation Safety Agency certifies Part 145 aviation repair organisations in the citizen’s name.

Your letter dated Jan 22 2014 sets out reasons for the refusal and I’d like to deal with these reasons in relation to the request I made.

1. “The audit results and the documentation related to 145.A.30 “personnel requirements” you have requested contain sensitive personal information of the staff interviewed during the audits and the release of such personal information would undermine the protection of their privacy and integrity in accordance with Art. 4.1 (b)”

I do not need to know any information regarding individuals and such information can be easily redacted.

2. “Moreover, audit results and related documentation concerning on-going surveillance of approvals are subject to regular review and verification. This process requires a climate of mutual trust and confidence between the authority and the approval holders in order to enable them to disclose any safety relevant information to the authority. In this perspective the disclosure of the requested documents would seriously undermine the purpose of such inspections in accordance with 4.2 (third indent) since it would compromise the open dialogue between the Agency and the inspected entities. Such situation would be clearly negative for the safety process.”

I do not need to know the name of the organisation and this can be redacted thus nullifying this reason for refusal.

The stated reasons for refusal do not arise if EASA redacts the names of the organisations and text that identifies them and the names of individuals and text that identifies them. As there is no other reason for refusal the redaction of the information that leads EASA to refuse the request will gladly allow EASA to communicate with the citizens in the spirit of transparency and openness.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/non_c...

Yours faithfully,

Mick Mc Donnell

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Request refused...Confirmatory application submitted. Reasons for refusal seem thin to me.

Dear MASBONSON Raphaele,

I was wondering if you got my reply requesting an internal review. If not could you let me know as soon as possible. If you did maybe you could let me know through a short confirmation e-mail.

Yours sincerely,

Mick Mc Donnell

MASBONSON Raphaele, Europäische Agentur für Flugsicherheit

3 Attachments

Dear Mr McDonnell,

 

On behalf of Mr Frank Manuhutu, Chief Legal Adviser at EASA, please find 
attached a reply to your email dated 22 January 2014.

 

Best regards,

 

Raphaële Masbonson

 

 

 

[1]Description: Description: Description: Description: Description:
Description: Description: cid:image002.jpg@01CB80EC.5BDEDB00            
Raphaele Masbonson

 

             EASA - European Aviation Safety Agency

             Executive Directorate
             Legal Department   (E5) 
             Postfach 10 12 53  
             D 50452 Cologne

 

             phone:    0049 (0) 221 8 99 90 2217

             fax :        0049 (0) 221 8 99 90 2717
             email:     [2]raphaele.masbonson@easa.europa.eu 
             website:  [3]www.easa.europa.eu

 

 

References

Visible links
2. mailto:[email address]
3. blocked::blocked::http://www.easa.europa.eu/ blocked::blocked::blocked::http://www.easa.europa.eu/ http://www.easa.europa.eu/
file:///tmp/blocked::blocked::http:/www.easa.europa.eu/

Dear MASBONSON Raphaele,

Thank you for the reply.

Yours sincerely,

Mick Mc Donnell

Mick Mc Donnell hat eine Nachricht hinterlassen ()

Reply to confirmatory application/internal review due on 12/02/2014.

Cosgrove Orna, Europäische Agentur für Flugsicherheit

3 Attachments

Dear Mr. McDonnell,

 

On behalf of Mr. Patrick Ky, Executive Director of EASA, please find
attached a response to your request for access to documents.

 

Best regards,

Orna Cosgrove

 

 

 

 

[1]Description: Description: Description: Description: Description:
Description: Description: cid:image002.jpg@01CB80EC.5BDEDB00            
Orna Cosgrove

 

             EASA - European Aviation Safety Agency

             Executive Directorate
             Legal Department    
             Postfach 10 12 53  
             D 50452 Cologne

 

             phone:    0049 (0) 221 8 99 90 2044

             fax :        0049 (0) 221 8 99 90 2544
             email:     [2]orna.cosgrove@easa.europa.eu 
             website:  [3]www.easa.europa.eu

 

References

Visible links
2. mailto:[email address]
3. blocked::blocked::http://www.easa.europa.eu/ blocked::blocked::blocked::http://www.easa.europa.eu/ http://www.easa.europa.eu/
file:///tmp/blocked::blocked::http:/www.easa.europa.eu/

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Internal review completed and application for documentation rejected

Dear Cosgrove Orna,

Thank you for your reply.

In reference to your refusal to provide documentation after internal review.

In reply I’d like to make comments on the specifics you mention as supporting the refusal:

Paragraph: Nature of the documents you requested:

My request was very specific and did not involve anything to do with “aircraft, engine or components” also the request was specific to the findings of EASA inspectors and is not concerned with any internal audits. So the stated reason for refusal is not valid.
Paragraph: Protection of the purpose of inspections investigations and audits

The documentation I requested would originates from EASA inspection findings and would is not be in any way related to information volunteered or requested from a PART 145 repair station. The only requested information from a repair station is how they intend to rectify any non-compliance relating only to the specific area referenced and whether this rectification has succeeded or not.

Under no circumstances would the names of redacted individuals or organisation be identifiable from the documents I requested which relate to such a narrow area that any effort to identify the organisations from such documents would be impossible.

Paragraph: Commercial Interest

It is inconceivable that the documents I requested have any relation in any way “concerning the set-up and implementation of the technical process for the performance of the maintenance activities by the approvals holders” They merely request issues of non-compliance to a very specific area as set out in the initial application. Furthermore your assertion that releasing the documents could relate to the release of “strategic or other commercially sensitive information” seems to be a stock reply and not related to the actual documentation requested which would, in my view and based on the specific nature of the request have no relation to sensitive or commercial interests.

Paragraph: Partial access

Your assertion that redacted documentation would place excessive burden on the agency and “may” lead to documents completely “blanked out” is an assertion and I believe that in no way could this be the case due to the specific nature of the documentation requested.

Paragraph: Overriding public Interest

I believe that there is overriding public interest in seeing how our union through EASA certifies aviation repair stations as safe. I accept that there may be commercial reasons for not identifying companies and of course individuals should be protected. However, I made my request so specific that there is no reason redaction of the names of organisation and individuals would not nullify all the stated reasons for refusal. However, the request made was very specific and narrow and would allow us to see how repair stations are meeting basic requirements in relation to the operators ability to communicate with documentation, colleagues etc. It is important that we know how you establish that organisations you certify have staff with the capability to carry out their functions.

In light of my belief that your stated reasons for refusing access to the documentation are without foundation I will be making a complaint to the European Ombudsman.

Yours sincerely,

Mick Mc Donnell

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Complaint lodged with the European Ombudsman RE: EASA refusal to grant access to the documentation.

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see EOWEB_COMPLAINT_ID: 14492 to follow the progress of the complaint to the Ombudsman

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EU Ombudsman is asking/has asked EASA to allow her service to inspect the requested documents....and asked EASA to to submit an opinion on the allegation I made that EASA has wrongly refused access to the documents requested

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EU Ombudsman has launched an investigation into the refusal of EASA to grant access to the documents.

see:

http://www.ombudsman.europa.eu/en/cases/...