Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014

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?

Source: 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

National
Regulations
National
Regulations
ICAO
UK
CAA
Federal Aviation
Administration
(FAA)
German
LBA
Spanish
AESA
Irish
IAA
Italian
ENAC
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
Regulations
National
Regulations
French
DGAC
National
Regulations
National
Regulations
National
Regulations
National
Regulations
Russian
FAAT
National
Regulations
NAA (CA)
National Regulations
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
NAA (CA)
National
Regulations
Hong Kong
CAD
National
Regulations
Singapore
CAA
South
African
CAA
National
Regulations

 Convention on International Civil Aviation (also known as Chicago
Convention), was signed on 7 December 1944 by 52 States.
 ICAO came into being on 4 April 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/Meetings/a38/Pages/default.aspx)

Source: 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 Council of non-compliance.

M
A
K
I
N
G
S
A
P
R
s

Universal Safety Oversight Audit Programme
• Under the Convention on International Civil Aviation, the implementation of SARPs
lies 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

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 ICAO Flight Safety Information Exchange (FSIX) website.
Source: http://www2.icao.int/en/ssa/soa/usoap/Pages/default.aspx

Source: ICAO Journal – Issue 04 – 2010

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

•Audits
•Inspections
• Financial Penalty
• Suspension or
Revocation 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 – 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

Source: 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)

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)

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

Do you think SMS is/has ...
1 Unnecessary Burden 456826
2 Bureaucratic 456827
3 Limited Benefits 456829
4 Absolutely Necessary 456830
5 Panacea 456831
TYPE THE CODE BELOW & SUBMIT YOUR VOTE

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

Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014

Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014

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