SAFETY REGULATION COMMISSION

1. SAFETY REGULATION COMMISSION EUROCONTROL ESARR 1 IMPLEMENTATION WORKSHOP

2. The agenda… Tuesday afternoon: • ESARR 1 and SES working together • and some basic things (e.g. definitions) Wednesday morning: • Safety Regulatory Audit Process Wednesday afternoon: • Safety Oversight of Changes • Safety Directives Thursday morning: • A national perspective (France) • Certification Process

3. SAFETY REGULATION COMMISSION EUROCONTROL ESARR 1 IMPLEMENTATION WORKSHOP ESARR 1 IMPLEMENTATION WORKSHOP Safety Directives

4. CE-1 Primary Aviation Legislation CE-3 CE-2 Organisation Regulations ESTABLISH Technical Guidance Qualification and Training CE-5 CE-4 IMPLEMENT Authorization and Approval Obligations Surveillance Obligations Resolution of Safety Issues CE-6 CE-7 CE-8

5. verification SAFETY AUDITING SAFETY OVERSIGHT OF CHANGES SAFETY REGULATORY CAPABILITIES (Section 9) MONITORING OF SAFETY PERFORMANCE (Section 4) VERIFY SAFETY REGULATORY RECORDS (Section 11) SAFETY OVERSIGHT ANNUAL REPORT (Section 12) SAF. OVERSIGHT OF NEW SYS & CHANGES HOW Use of Recognised Organisations (Section 8) SAF. REG.AUDITING SAFETY DIRECTIVES (Section 10)

6. Have you heard about the… … airworthiness directives?

7. Commission Regulation 1702/2003, Annex Part-21 (based on former JAR-21) ESARR 1 Section 1 (Definitions) • 21A.3B Airworthiness directives • (a) An airworthiness directive means a document issued or adopted by the Agency which mandates actions to be performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this aircraft may otherwise be compromised. • (b) The Agency shall issue an airworthiness directive when: • 1. an unsafe condition has been determined by the Agency to exist in an aircraft, as a result of a deficiency in the • aircraft, or an engine, propeller, part or appliance installed on this aircraft; and • 2. that condition is likely to exist or develop in other aircraft. • […] • (d) An airworthiness directive shall contain at least the following information: • 1. An identification of the unsafe condition; • 2. An identification of the affected aircraft; • 3. The action(s) required; • 4. The compliance time for the required action(s); • 5. The date of entry into force. “Safety directive” means a document issued or adopted by a National Supervisory Authority which mandates actions to be performed on a system to restore a tolerable level of safety, when evidence shows that aviation safety may otherwise be compromised. Section 10 (Safety directives) • 10.1. National Supervisory Authorities shall issue safety directives when an unsafe condition has been determined by the National Supervisory Authority to exist in a system. • 10.2. A safety directive shall contain, as a minimum, the following information: • The identification of the unsafe condition; • The identification of the affected system; • The actions required and their rationale; • The compliance time for the required actions; and • The date of entry into force. • […]

8. What type of situation can raise the need for a safety directive? • When evidence shows that aviation safety may otherwise be compromised • When an unsafe condition has been determined by the NSA to exist in a system (system as defined in ESARR 1 = functional system in the CRs) • SOME EXAMPLES: • Following the recommendations of an official accident investigation • Following the investigation of a safety occurrence • When an unsafe condition is revealed in an audit • … • …

9. What type of situation can raise the need for a safety directive? • When evidence shows that aviation safety may otherwise be compromised • When an unsafe condition has been determined by the NSA to exist in a system (system as defined in ESARR 1 = functional system in the CRs) • BE CAREFUL: • This is a very powerful tool put in the hands of the NSA… However, a good and clear safety rationale is needed to issue a Safety Directive. Don’t abuse of this mechanism!! • A safety directive does not necessarily mean a ‘sanction’ to an ANSP. Example: An issue could be raised in relation to an equipment operated by a provider due to mistakes made in the design / production of the equipment by the manufacturer • Raising a ‘non-conformity level 1’ does notnecessarily imply a need to raise a safety directive

10. Commission Regulation 1702/2003, Annex Part-21 (based on former JAR-21) ESARR 1 Section 10 (Safety directives) • 21A.3B Airworthiness directives • […] • (c) When an airworthiness directive has to be issued by the agency to correct the unsafe condition referred to in paragraph (b), or to require the performance of an inspection, the holder of the type-certificate, restricted type-certificate, supplemental type-certificate, major repair design approval, ETSO authorisation or any other relevant approval • deemed to have been issued under this Regulation, shall: • 1. Propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to the Agency for approval. • 2. Following the approval by the Agency of the proposals referred to under subparagraph (1), make available to all known operators or owners of the product, part or appliance and, on request, to any person required to comply with the airworthiness directive, appropriate descriptive data and accomplishment instructions. • […] • 10.3. When a safety directive has to be issued to correct an unsafe condition relating to a technical system for which an EC Declaration of Verification or EC Declaration of Conformity or Suitability exists, the National Supervisory Authority may instruct the notified bodies involved in relation to the issuance of the EC Declarations to conduct specific investigations with regard to that technical system.

11. QUESTIONS ? • COMMENTS ? • VIEWS ? • … on anything said (or not said)