SAFETY IN EU PERFORMANCE LAW

1. SAFETY IN EU PERFORMANCE LAW Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

2. Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

3. International Civil Aviation Organisation (ICAO) Annex 11, Standard 2.2 ˝the air traffic controllers must prevent collisions between aircraft, prevent collisions between aircraft on the maneuvering area and obstructions on that area, expedite and maintain an orderly flow of air traffic, provide advice and information useful for the safe and efficient conduct of flights, notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organisations as required˝ Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

4. EU approach to measure ˝Safety, Efficiency and Order of Flow˝ in air traffic (COMMISSION IMPLEMENTING REGULATION (EU) No 390/2013 of 3 May 2013 laying down performance scheme for air navigation services and network functions): • CAPACITY Key Performance Indicators: • Average minutes of en-route flight ATFM (Air Traffic Flow Management) delay per flight attributable to air navigation services • Average minutes of arrival ATFM delay per flight attributable to terminal and airport air navigation services and caused by landing restrictions at destination airport Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

5. EU approach to measure ˝Safety, Efficiency and Order of Flow˝ in air traffic (COMMISSION IMPLEMENTING REGULATION (EU) No 390/2013 of 3 May 2013 laying down performance scheme for air navigation services and network functions): • COST-EFFICIENCY Key Performance Indicators: • Average Union-wide determined unit costs (DUC) for en-route air navigation services • Average Union-wide determined unit costs (DUC) for terminal air navigation services Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

6. EU approach to measure ˝Safety, Efficiency and Order of Flow˝ in air traffic (COMMISSION IMPLEMENTING REGULATION (EU) No 390/2013 of 3 May 2013 laying down performance scheme for air navigation services and network functions): • ENVIRONMENT Key Performance Indicators: • Average horizontal en-route flight efficiency of the actual trajectory or of last filled flight plan trajectory • Effectiveness of booking procedures for flexible use of airspace (FUA) Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

7. EU approach to measure ˝Safety, Efficiency and Order of Flow˝ in air traffic (COMMISSION IMPLEMENTING REGULATION (EU) No 390/2013 of 3 May 2013 laying down performance scheme for air navigation services and network functions): • SAFETY Key Performance Indicators: • Minimum level of effectiveness of safety management • Percentage of application of severity classification based on the Risk Analysis Tool (RAT) methodology Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

8. Capacity and Cost-Efficiency Key Performance Indicators are subject to setting EU-wide targets by European Commission for subsequent Reference Periods • States and groups of States organized in Functional Airspace Blocks set local Targets accordingly – subject to Commission approval • First Reference Period 2012-2014 EU-wide and State level (PL) targets: Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

9. In Safety domain Indicators are indirect and are supposed to measure: • Application of severity classification based on Risk Analysis Took (RAT) methodology to reporting of, as minimum, separation minima infringements, runway incursions and ATM-specific occurrences at all air traffic services units • Effectiveness of safety management shall be measured by level of implementation of following Management Objectives: • Safety policy and objectives • Safety risk management • Safety assurance • Safety promotion • Safety Culture Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

10. Last but fundamental element of safety management – SafetyCulture – measurable by audits, existsinall Air Traffic Management organisations and all Air Traffic Management units and covers: • Trust, commitment and responsibility • Training, learning and reporting • Experiencehasshownthatsettingtargets on number of safetyincidentscausesimmediatelyreduction not of actualoccurrences but of number of reports, weakeningatthe same time Commitment, Trust and Reportingrate Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

11. Confrontedwithdanger of losingsafetyreportswhilesettingdirecttargets on number of safetyoccurences, an indirectmeasurementoptionhasbeenadoptedin EU regulations: • a) HoweffectiveSafety Management System isinterms of detectingsafetyrisks and mitigatingthem and howconsistentwithstandardizedpractices • Howconsistentlyaccross Europe safetyoccurrencesarecategorized and investigated and howconsistentlytheybuildsafetyriskpicturebothinStates and Union-wide Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

12. The task • …prevent collisions between aircraft, prevent collisions between aircrafts on the maneuvering area and obstructions in that area, expedite and maintain an orderly flow of air traffic, provide advice and information useful for safe and efficient conduct of flights… • is at present guided in Europe by: • a) EU-wide targets of Cost-and-Flight-efficiency derived from statistical models and EU-USA benchmarking • Mechanisms of maintaining acceptable safety levels by Air Navigtion Service Providers and States • Knowing at the same time that targets for safety occurrences rate should not be set anywhere Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

13. Link between Cost/Flight efficiency and Safety - the existing prerequisite: • REGULATION (EU) No 996/2010 of EUROPEAN PARLIAMENT AND OF COUNCIL of 20 October 2010 on investigation and prevention of accidents and incidents in civil aviation sets obligation on Safety Investigation Authorities to record all safety recommendations in central repository established under Commission Regulation (EC) no 1321/2007 of 12 November 2007 • Safety Recommendations shall build risk pictures both on States level and EU-wide: • Risk areas • Common Risk Causes • Common remedies Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

14. Link betweenCost/Flightefficiency and Safety - the point: • Thereis NO separate management of safety, cost and delaysin air traffic. • Onlymanageableareasare: • Infrastructureusage • Humanbehaviour and competences • Use of availableworkforce • Criteria to takedecisionsinmanageableareasbalancedamong: • Effects of decisions on air trafficpunctuality • Effects of decisions on flightsefficiency • Effects of decisions on cost • Effects of decisions on safety • Social and politicaleffect of decisions Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

15. Link betweenCost/Flightefficiency and Safety: • Responsibility for decisions stays inhands of: • Personsaccountable for settingEu-widetargets • Personsaccountable for settingState-leveltargets • Managers of Air Navigation Service Providersaccountable for directdecisionsconceringinfrastructure and humanswithin company • Balance of expectedresults of decisions: • On company level – limited withinacceptedlocalCost-efficiency, airspaceCapacity and Environment Key Performance Areas, supported by mandatoryformalSafetyAssessments and SafetyCases • On State level – limited withinEU-wideCost-efficiency, airspaceCapacity and Environment Key Performance Areassupported by State SafetyProgrammes, wherevertheyexists • EU-wide – framed by expectations of airspaceusers and ambitionswithinCost-efficiency, airspaceCapacity and Environment Key Performance Areas and consultationswithstakeholders, not supportedatpresent by identifiedsafetylimitations Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

16. Link between Cost/Flight efficiency and Safety: • The more we progress within Cost-and-Flight-efficiency performance the more urgent is clear visibility of potential safety threads in aviation created by decisions on all three levels related to: • Air Navigation infrastructure usage • Air Navigation employees behaviour and competences • Use of available employees • Currently available EU legal instruments seem to be sufficient to build missing chain element between expected Cost-and-Flight-efficiency effect of decisions and Safety effect of the same decisions Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

17. To be done: • Take next step afterRegulation 996/2010 on investigation and prevention of accidents and incidentsincivilaviation – formalmandate(for EASA?) to buildbase of aviationriskinEurope, includingriskcauses and remedies to enableassessment of EU-widedecisionsimpact on Safety • Accomplish State SafetyProgrammes implementation across Europe to build a riskbase within each SSPs to enableassessment of State-leveldecisionsimpact on Safety • Continue developing and maintaining Safety Management Systems by Air Navigatiin Service Providers, including safety assessment of prepared changes in local systems • On allthreeaccountabledecisivelevelsconfrontdecisionsconcerning: • Infrastructureusage • Humanbehavious and competences • Use of availableworkforce • that aim at Cost-Flightefficiency improvement withpotentialimpact on identifiedriskareas, usingknowncommoncauses and commonremedies Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013