EE - EASA & CA Seminar - 29 Apr 2014 - Dublin

7/21/2019 EE - EASA & CA Seminar - 29 Apr 2014 - Dublin

http://slidepdf.com/reader/full/ee-easa-ca-seminar-29-apr-2014-dublin 1/65



Everything I will say and all information included my

presentation is either cited/referenced material from other

sources or my personal opinion and does not necessarily reflect

any of the organisations I am associated with.







“It is inconceivable to imagine a world without aviation.

Moreover, it is almost impossible to imagine a world of

aviation without safety regulation”

(BARTSCH, R.I.C., 2012. International Aviation Law, Ashgate)



How safe is the Commercial Air Transport now?



http://youtu.be/IgDyhvXW8jM

How did we achieve this success?





Where:

• Airline passengers buy tickets based on airline’s safety

record and their own judgement.

• Airlines buy aircraft designed and produced based on

industry standards rather than enforceable regulations.

• Airlines choose maintenance service providers based

on industry standards and their performance.

Can you imagine a world with no REGULATORS?



The Question is:

Does current regulatory framework, which

sometimes can be bureaucratic and costly,

hinder innovation but not add much value

from safety perspective?



STAKEHOLDERS


http://slidepdf.com/reader/full/ee-easa-ca-seminar-29-apr-2014-dublin 11/65Source: CAP 784 – State Safety Programme for United Kingdom

THE BIG PICTURE – A REGULATOR’S PERSPECTIVE





“No transportation system has figured out a way of becoming even safer than 10 ˉ⁷”

Sidney Dekker 2005

During aircraft design and certification, as part

of the system safety assessment, what is the

acceptable probability for catastrophic events?

10¯ 9

SO WHAT IS THE REASON FOR THE GAP IN SAFETY PERFORMANCE?

DESIGNED SAFETY vs ACHIEVED SAFETY



http://vimeo.com/60864918

AN ARGUMENT FOR REGULATION





CONSEQUENCES OF OVER-REGULATION



COMPETING/CONFLICTING GOALS





National

Regulations

National

Regulations

ICAO

UK

CAA

Federal Aviation

Administration(FAA)

German

LBA

Spanish AESA

Irish

IAA

ItalianENAC

Kenyan

CAA

Chinese

CAAC

Japanese

MLIT

Australian

CASA

Brazilian

ANAC

Canadian

TCCA

European Aviation

Safety Agency (EASA)Federal

Aviation

Regulations

Implementing Rules

(CS’s, Part 21, M, 145,

66, 147, Part OPS)

EC Parliament /

Council

Regulations

Air Navigation

Order (ANO)

CAP 747

Annexes

(SARP’s)

UAE

GCAA

National

Regulations

National

Regulations

National

Regulations

Indian

DGCA

Bahrain

CAAQatar

CAA

National

Regulations

BASA

National

Regulations

National

Regulations

National

Regulations

National

RegulationsNational

Regulations

French

DGACNational

Regulations

National

Regulations

National

Regulations

National

Regulations

Russian

FAAT

National

Regulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

NAA (CA)

NationalRegulations

National

Regulations

Hong Kong

CAD

National

Regulations

Singapore

CAA

South

African

CAA

National

Regulations



Convention on International Civil Aviation (also known as ChicagoConvention), was signed on 7 December 1944 by 52 States.

ICAO came into being on 4 Apri l 1947.

In October of the same year, ICAO became a specialized agency of

the United Nations linked to Economic and Social Council

(ECOSOC).

Chicago Convention – Currently 9th Edition dated 2006

International Civil Aviation Organization - ICAO



General Assembly

• 192 Countries

• Meets every 3 years

Council

• President – Dr. Olumuyiwa Benard

Aliu (Nigeria)

• Adopts and incorporates SARP’s

as Annexes to the Convention

Secretary General

• Raymond BENJAMIN (France)





http://www.icao.int/Assembly37



(http://www.icao.int/Meetings/a38/Pages/default.aspx)


http://www.icao.int/Meetings/a38/Pages/default.aspx

http://www.icao.int/Meetings/a38/Pages/default.aspx



Source: http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx


http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx




Source: http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx

38th ICAO Assembly: Summary of Major Developments

Safety Still Paramount In the Safety domain, the 38th ICAO Assembly reiterated global aviation’s first and guiding

commitment is to reduce the rate and number of accidents worldwide. It also confirmed this work

will now be guided by incremental targets established in a revised ICAO Global Aviation Safety

Plan (GASP) which received strong Assembly endorsement.

The revised GASP gives ICAO a clear mandate to continue driving greater transparency,

collaboration and responsiveness in safety improvement through real-time analysis and reporting

cycles and greater regional accountability. It also sends a strong message that collaboration and

partnership on air transport’s sector-wide safety challenges remains essential to delivering

positive results.

Based on further Assembly support it received, ICAO will be furthering these efforts in the years

to come through more intensive engagement with all regional players, and the sensible protection

and sharing – where appropriate – of critical safety information.

http://www.icao.int/WACAF/AFIRAN08_Doc/gasp_en.pdf

http://www.icao.int/safety/SafetyManagement/Documents/Global%20Aviation%20Safety%20Plan%20Highlights_en.pdf

http://www.skybrary.aero/bookshelf/books/2427.pdf

http://www.icao.int/safety/Documents/ICAO_2013-Safety-Report_FINAL.pdf





















STANDARDS & RECOMMENDED PRACTICES (SARP’s)

• A Standard is defined as any specification for physical characteristics,

configuration, material, performance, personnel or procedure, the uniform

application of which is recognized as necessary for the safety or regularity of

international air navigation and to which Contracting States will conform in

accordance with the Convention; in the event of impossibility of compliance, notification to the Council is compulsory under Article 38 of the Convention.

• A Recommended Practice is any specification for physical characteristics,

configuration, material, performance, personnel or procedure, the uniform

application of which is recognized as desirable in the interest of safety,regularity or efficiency of international air navigation, and to which Contracting

States will endeavour to conform in accordance with the Convention. States are

invited to inform the Counci l of non-compliance.




M

A

K

I

NG

S

AP

R

s




Universal Safety Oversight Audit Programme

• Under the Convention on International Civil Aviation, the implementation of SARPslies with Contracting States. The Programme consists of regular, mandatory,

systematic and harmonized safety audits carried out by ICAO in all Contracting

States.

• The ultimate goal of the ICAO Universal Safety Oversight Audit Programme (USOAP),launched in January 1999 in response to widespread concerns about the adequacy of

aviation safety oversight around the world, is to promote global aviation safety

through the regular auditing of safety oversight systems in all ICAO Contracting

States.

• The audit teams also determine the State's level of implementation of safety-relevant

ICAO Standards and Recommended Practices (SARPs), associated procedures,

guidance material and practices.

Source:http://www2.icao.int/en/ssa/soa/usoap/Pages/default.aspx


http://www2.icao.int/en/ssa/soa/usoap/Pages/default.aspx













Universal Safety Oversight Audit Programme • Statistics highlight the fact that effective implementation of certain critical

elements of a safety oversight system and other ICAO provisions is critical to

aviation safety.

• The mandatory programme entails some 40 safety oversight audits annually,

with each ICAO member State required to host an audit at least once every six

years. The second cycle of USOAP audits commenced in January 2005 and will

continue until December 2010.

• Safety oversight audit reports and other safety-related information are available

at the ICAOFlight Safety Information Exchange (FSIX) website.

Source:http://www2.icao.int/en/ssa/soa/usoap/Pages/default.aspx


http://www.icao.int/fsix/auditRep1.cfm



http://www.icao.int/fsix/auditRep1.cfm



Source: ICAO Journal – Issue 04 – 2010





Source: ICAO Journal – Issue 04 – 2010










Source: http://www.sae.org/iaqg

http://www.sae.org/iaqg

http://www.sae.org/iaqg









•Audits

•Inspections

• Financial Penalty

• Suspension orRevocation of

Approvals

• Products vs

Organisations• Organisations within

EU and outside

• Hard Law vs Soft law

• NPA – CRT

Rulemaking Certification

OversightEnforcement







“Laws are like sausages, it is better

not to see them being made.”

Otto von Bismarck



Development of

New Standards /

Regulations

or

Amendment of

Existing Standards /

Regulations

New Technology(MEA / MCA i.e. B787, A380, A350)

Accident Investigation(i.e. NTSB Most Wanted List)

New Operational Requirements(ACAS/RVSM i.e. Installation of new

equipment)



EU / EASA R l ti St t



EU / EASA – Regulations Structure




If the published document is an Agency Opinion, the decision-making process

continues outside of EASA’s remit. The responsibility now lies with the

European Commission. The decision for adoption or further amendment of

the rule will be taken in the so-called comitology procedure.

Most EASA Opinions are handled through the comitology procedure.

Amendments to the Basic Regulation, however, are handled by the Council

and the EU Parliament. They do not go through comitology procedure.

Source: http://www.easa.europa.eu/rulemaking/rulemaking-directorate.php



http://www.easa.europa.eu/rulemaking/rulemaking-directorate.php






Source: http://www.easa.europa.eu/rulemaking/annual-programme-and-planning.php


EU / EASA Rulemaking Programme (2013 2016)


http://www.easa.europa.eu/rulemaking/annual-programme-and-planning.php











Source: http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2012/2012-013-R/4-Year%20RMP%202013-2016.pdf

EU / EASA – Rulemaking Programme (2013-2016)

EU / EASA Rulemaking Programme (2014 2017)


http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2012/2012-013-R/4-Year%20RMP%202013-2016.pdf

















Source: http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2013/2013-029-R/Revised%204-year%20RMP%20(2014-2017)%20-%20Detailed%20view.pdf

EU / EASA – Rulemaking Programme (2014-2017)

http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2013/2013-029-R/Revised%204-year%20RMP%20(2014-2017)%20-%20Detailed%20view.pdf





EU / EASA R l ki P



EU / EASA – Rulemaking Process























On a scale of 1 to 5, do you think SMS is ......1 – UNNECESSARY BURDEN

5 - PANACEA

Should incentives be used for

‘SAFETY PERFORMANCE TARGETS’

as well as commercial KPI’s?



YOU CAN SUBMIT YOUR COMMENTS & QUESTIONS

ANONYMOUSLY THROUGHOUT THIS SESSION

PLEASE GO TO www.pollev.com &

FIRST TYPE ‘469799’ AND THEN CONTINUE

WITH YOUR COMMENTS

THEY WILL BE REVIEWED AND SHARED LATER ON

hi k i /h



Do you think SMS is/has ...

1 Unnecessary Burden 4568262 Bureaucratic 456827

3 Limited Benefits 4568294 Absolutely Necessary 456830

5 Panacea 456831


TYPE THE CODE BELOW & SUBMIT YOUR VOTE

Should incentives be used for ‘SAFETY PERFORMANCE



Should incentives be used for SAFETY PERFORMANCE

TARGETS’ as well as commercial KPI’s?

461545 - YES

461546 - NO


TYPE THE CODE BELOW & SUBMIT YOUR VOTE

