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.
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
“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
Source: CAP 784 – State Safety Programme for United Kingdom
THE BIG PICTURE – A REGULATOR’S PERSPECTIVE
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
“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
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
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)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
NAA (CA)
National Regulations
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)
International Civil Aviation Organization - ICAO
International Civil Aviation Organization - ICAO
(http://www.icao.int/Meetings/a38/Pages/default.aspx)
International Civil Aviation Organization - ICAO
Source: http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx
International Civil Aviation Organization - ICAO
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
International Civil Aviation Organization - ICAO
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.
International Civil Aviation Organization - ICAO
M
A
K
I
N
G
S
A
P
R
s
International Civil Aviation Organization - ICAO
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
International Civil Aviation Organization - ICAO
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
International Civil Aviation Organization - ICAO
Source: ICAO Journal – Issue 04 – 2010
International Civil Aviation Organization - ICAO
International Civil Aviation Organization - ICAO
Source: ICAO Journal – Issue 04 – 2010
International Civil Aviation Organization - ICAO
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Source: http://www.sae.org/iaqg
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
•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
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
“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)
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
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
EU / EASA – Regulations Structure
Source: http://www.easa.europa.eu/rulemaking/annual-programme-and-planning.php
EU / EASA – Regulations Structure
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)
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
EU / EASA – Rulemaking Process
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014
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
PLEASE GO TO www.pollev.com&
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
PLEASE GO TO www.pollev.com&
TYPE THE CODE BELOW & SUBMIT YOUR VOTE
Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014

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

  • 2. 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.
  • 5. “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)
  • 6. How safe is the Commercial Air Transport now?
  • 8. 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?
  • 9. The Question is: Does current regulatory framework, which sometimes can be bureaucratic and costly, hinder innovation but not add much value from safety perspective?
  • 11. Source: CAP 784 – State Safety Programme for United Kingdom THE BIG PICTURE – A REGULATOR’S PERSPECTIVE
  • 13. “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
  • 18. 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) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations NAA (CA) National Regulations National Regulations Hong Kong CAD National Regulations Singapore CAA South African CAA National Regulations
  • 19.  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
  • 20. 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) International Civil Aviation Organization - ICAO
  • 21. International Civil Aviation Organization - ICAO
  • 24. 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 International Civil Aviation Organization - ICAO
  • 25. 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. International Civil Aviation Organization - ICAO
  • 27. 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 International Civil Aviation Organization - ICAO
  • 28. 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 International Civil Aviation Organization - ICAO
  • 29. Source: ICAO Journal – Issue 04 – 2010 International Civil Aviation Organization - ICAO
  • 30. International Civil Aviation Organization - ICAO Source: ICAO Journal – Issue 04 – 2010
  • 31. International Civil Aviation Organization - ICAO
  • 38. •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
  • 41. “Laws are like sausages, it is better not to see them being made.” Otto von Bismarck
  • 42. 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)
  • 44. EU / EASA – Regulations Structure
  • 45. 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 EU / EASA – Regulations Structure
  • 50. EU / EASA – Rulemaking Process
  • 61. 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?
  • 62. 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
  • 63. Do you think SMS is/has ... 1 Unnecessary Burden 456826 2 Bureaucratic 456827 3 Limited Benefits 456829 4 Absolutely Necessary 456830 5 Panacea 456831 PLEASE GO TO www.pollev.com& TYPE THE CODE BELOW & SUBMIT YOUR VOTE
  • 64. Should incentives be used for ‘SAFETY PERFORMANCE TARGETS’ as well as commercial KPI’s? 461545 - YES 461546 - NO PLEASE GO TO www.pollev.com& TYPE THE CODE BELOW & SUBMIT YOUR VOTE