SAFETY IN EU PERFORMANCE LAW

Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency

SAFETY SAFETY IN IN

EU PERFORMANCE LAWEU PERFORMANCE LAW

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



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˝



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






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






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)






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



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:

Cost-efficiency targets Capacity targets

2012 2013 2014 2012 2013 2014

EU targets EUR 57,88 EUR 55,87 EUR 53,92 0,50 min/flight

PL targets PLN 146,50 (EUR 35,04)

PLN 145,12(EUR 34,71)

PLN 137,28(EUR 32,84)

1,0 min/flight

1,5 min/flight

0,48 min/flight



In Safety domain Indicators are indirect and are supposed to measure:

a)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

b)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



Last but fundamental element of safety management – Safety Culture –

measurable by audits, exists in all Air Traffic Management organisations and all

Air Traffic Management units and covers:

a)Trust, commitment and responsibility

b)Training, learning and reporting

Experience has shown that setting targets on number of safety

incidents causes immediately reduction not of actual occurrences but of

number of reports, weakening at the same time Commitment, Trust and

Reporting rate



Confronted with danger of losing safety reports while setting direct targets on

number of safety occurences, an indirect measurement option has been adopted

in EU regulations:

a) How effective Safety Management System is in terms of detecting

safety risks and mitigating them and how consistent with standardized practices

b)How consistently accross Europe safety occurrences are categorized and

investigated and how consistently they build safety risk picture both in States

and Union-wide



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

b)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



Link between Cost/Flight efficiency and Safety - the existing prerequisite:

a)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

b)Safety Recommendations shall build risk pictures both on States level and EU-

wide:

Risk areas

Common Risk Causes

Common remedies



Link between Cost/Flight efficiency and Safety - the point:

c)There is NO separate management of safety, cost and delays in air traffic.

Only manageable areas are:

Infrastructure usage

Human behaviour and competences

Use of available workforce

Criteria to take decisions in manageable areas balanced among:

Effects of decisions on air traffic punctuality

Effects of decisions on flights efficiency

Effects of decisions on cost

Effects of decisions on safety

Social and political effect of decisions



Link between Cost/Flight efficiency and Safety:

Responsibility for decisions stays in hands of:

Persons accountable for setting Eu-wide targets

Persons accountable for setting State-level targets

Managers of Air Navigation Service Providers accountable for direct decisions

concering infrastructure and humans within company

d)Balance of expected results of decisions:

On company level – limited within accepted local Cost-efficiency, airspace

Capacity and Environment Key Performance Areas, supported by mandatory formal

Safety Assessments and Safety Cases

On State level – limited within EU-wide Cost-efficiency, airspace Capacity and

Environment Key Performance Areas supported by State Safety Programmes,

wherever they exists

EU-wide – framed by expectations of airspace users and ambitions within Cost-

efficiency, airspace Capacity and Environment Key Performance Areas and

consultations with stakeholders, not supported at present by identified safety

limitations



Link between Cost/Flight efficiency and Safety:

e)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



To be done:

a)Take next step after Regulation 996/2010 on investigation and prevention of accidents and

incidents in civil aviation – formal mandate (for EASA?) to build base of aviation risk in Europe,

including risk causes and remedies to enable assessment of EU-wide decisions impact on

Safety

b)Accomplish State Safety Programmes implementation across Europe to build a risk base

within each SSPs to enable assessment of State-level decisions impact on Safety

c)Continue developing and maintaining Safety Management Systems by Air Navigatiin Service

Providers, including safety assessment of prepared changes in local systems

d)On all three accountable decisive levels confront decisions concerning:

Infrastructure usage

Human behavious and competences

Use of available workforce

that aim at Cost-Flight efficiency improvement with potential impact on identified

risk areas, using known common causes and common remedies

SAFETY IN EU PERFORMANCE LAW

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