AOA CONFERENCE FUTURE EUROPEAN AVIATION REGULATORY SYSTEM

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AOA CONFERENCE FUTURE EUROPEAN AVIATION
REGULATORY SYSTEM

• Presentation by
• Ray Elgy
• Head of Aerodrome Standards
• Civil Aviation Authority

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OVERVIEW
(1) The need for CLARITY OF ROLES (2) The
need for CO-OPERATION (3) The need to
PLAN FOR SUCCESS
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(1) THE NEED FOR CLARITY OF ROLES

• Many players in Europe ICAO, States (EU and
  non-EU), the Commission, Parliament, NAAs, EASA,
  Eurocontrol, and all parts of a diverse aviation
  industry
• Failure to clarify roles and communicate
  these will inevitably lead to
• uncertainty about responsibility (and liability)
• potential gaps in safety oversight
• duplication of effort
• inconsistency between objectives
• friction between organisations
• delays, costs and confusion for those regulated
• loss of reputation for regulators

SAFETY
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Areas of change where we need to ensure Clarity
of Roles

•  
• EASA/NAAs
• Objectives of Single European Sky
• Structure and Functions of Eurocontrol
• Economic Regulation

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EASA / NAAs

• Legal demarcation of current functions clear
• EASAs focus remains solely on safety
• Need to establish how best to deliver EASAs
  services Working with NAAs, Assessment Bodies
  etc.
• UK CAA supports progressive centralisation of
  rule-making and effective standardisation EASAs
  key activities

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EASA / NAAs - continued

• But must take account of complexities in civil
  ATM regulation, and linkages between airspace
  design and safety (including military airspace
  users)
• Application of rules must be at national level
  unless compelling economic/industrial arguments
  for centralisation
• Those who will apply rules and supervise
  their implementation must be fully
  involved in developing them

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Objectives of Single European Sky

• Aim was to increase capacity and reduce delays,
  whilst improving safety
• Need to evaluate progress, prioritise objectives,
  and reflect on how best to achieve them
• Avoid over- prescriptive regulation and
  acknowledge obligations which only States can
  perform
• Build on existing infrastructure initiatives
  through SESAR
• Develop SES concepts and initiatives to drive
  forward efficiency gains.

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Structure and Functions of Eurocontrol

• Separation of pure service provision
• Support to EU regulator - clearly separated from
  support to service provision activities as
  required by industry
• Focus for civil/military co-ordination, at least
  for time being
• Greater involvement of industry users in
  decision-making
• Recognition of Member States legal rights and
  obligations under Chicago Convention and SES

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Economic Regulation

• How much economic regulation is needed at EU
  level?
• YES to high level principles and objectives BUT
  Member States have different aviation operating
  environments, legal systems, levels of regulatory
  experience and expertise and so need different
  ways of meeting common objectives in different
  circumstances
• Regulatory transparency, allied with peer review,
  often sufficient to protect users and promote
  efficiency
• Comply with Better Regulation principles,
  including regulatory impact assessment before
  making changes

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(2) THE NEED FOR CO-OPERATION

• Joined-Up Regulation
• Many different players in Europe
• Many different aspects of aviation regulation
• Safety
• Security
• Airspace design
• Technical harmonisation
• Economic
• Consumer Protection
• Environment

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THE NEED FOR CO-OPERATION Being Joined-Up -
continued

• Users suffer if there are gaps/overlaps,
  inconsistency, or confusion
• Must guard against unintended consequences,
  especially on safety
• Where regulation is in different organisations,
  there must be pro-active co-ordination between
  them (possible example of Civil and Military ATM
  safety regulation and airspace design)

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THE NEED FOR CO-OPERATION (b) Partnership

• Complexity of regulatory structures and of
  industry requires genuine partnership between
  regulatory bodies
• recognising that no one party has a monopoly of
  wisdom or valid ideas
• sharing information, expertise, advice and
  assistance (particularly between those who make
  the rules and those who implement / supervise
  them)
• working together to find collective solutions
• EASA is not just an Agency, it is a System
• Commission, Member States, Agency, NAAs,
  Industry

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(3) THE NEED TO PLAN FOR SUCCESS

• Clarity of Roles Co-operation already
  emphasised
• The need to Manage Change Effectively
• The need for Sound Governance
• The need for Industry to prepare

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THE NEED TO PLAN FOR SUCCESS The need to
Manage Change Effectively

• The changing of the EU regulatory system is a
• complex, demanding task, requiring
  well-organised,
• hands-on change management programmes, with very
  clear objectives. Accordingly we need
• adequate planning and preparation time
• to avoid diluting safety standards
• care to recruit / retain scarce manpower
  resources
• stable funding arrangements
• mechanisms for meaningful engagement with all
• stakeholders

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THE NEED TO PLAN FOR SUCCESS- The need for Sound
Governance

• All regulatory and regulated organisations must
  have sound governance arrangements, i.e. clear
  identification of
• where responsibility and accountability lie
• who will participate in key decision-making
• who is able to review the organisations
  strategies, plans and progress in an effective
  way
• how objectives, resources and funding will be
  brought together
• how the organisation will listen and respond to
  the views of stakeholders

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THE NEED TO PLAN FOR SUCCESS - The need for
Industry to prepare

• Establish maintain effective communications
  with EASA NAAs.
• Develop the expertise necessary for Industry to
  support EASA effectively in the development of
  rules.
• Contribute to the development and effective
  prosecution of a credible transition plan.

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OVERVIEW

• The need for CLARITY OF RULES
• The need for CO-OPERATION
• The need to create CONDITIONS FOR SUCCESS

• 4. The need for a credible ACTION PLAN - NOW

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AOA CONFERENCE FUTURE EUROPEAN AVIATION
REGULATORY SYSTEM

• Presentation by
• Ray Elgy
• Civil Aviation Authority