compliance or due regard of military aviation

3-4 November 2016 1

Compliance or due regard of military aviation

organizations with EC Basic Regulation 216/2008

1st Cross-Industry Safety Conference - UOA/AS

3-4 November 2016

Mr. Jan Helderman

Quality Manager for SAC

[email protected]

3-4 November 2016 2

CONTENT

• Convention on International Civil Aviation• EC Basic Regulation 216/2008• SAC Enterprise Due Regard Approach• SAC Safety Management System (SMS) &

Compliance Monitoring System (CMS) initiatives

• Declaration to the NTA/AA• Conclusion

3-4 November 2016 3

CONTENT

• Convention on International Civil Aviation• EC Basic Regulation 216/2008• SAC Enterprise Due Regard Approach• SAC Safety Management System (SMS) &



3-4 November 2016 4

According to Chicago Convention, Article 3 Section (b),

“State aircraft” is an international term designating “aircraft used in military, customs and police/fire-fighter services”.

Moreover, in accordance with Chicago Convention, Article 3 Section (d)

“the contracting States undertake, when issuing regulations for their State aircraft, that they will have due regard for the safety of

navigation of civil aircraft”.

3-4 November 2016 5

Unlike in civil aviation, where International Civil Aviation Organization (ICAO) develops standards and recommended practices for the

consideration of its 191 member states,

there is no global regulatory framework for State aircraft which, in line with ICAO Article 3, remain under the exclusive

sovereign responsibility of the State of registration.

3-4 November 2016 6

However, ICAO member states have, when issuing regulations forState aircraft, ‘due regard’ for the safety of civil aircraft.

Therefore, each State retains the full authority to develop andvalidate national processes for the operational approval ofsolutions guaranteeing an effective level of safety of their militaryaircraft.

Unless these national processes and approvals are recognized byother countries, their validity is limited to the national airspace ofthe country concerned.

3-4 November 2016 7

CONTENT

• ICAO Convention• EC Basic Regulation 216/2008• SAC Enterprise Due Regard Approach• SAC Safety Management System (SMS) &



3-4 November 2016 8

Regulation (EC) No 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (EASA), also recognizes the Chicago Convention already provided minimum standards.

Despite the fact Regulation No 216/2008 shall not apply to personnel and organizations involved in the operation of aircraft while carrying out military, customs, police, search and rescue, firefighting, coastguard activities or services,

“EASA Member States shall undertake to ensure that such activities or services have due regard as far as practicable to the objectives of this

Regulation and offer a level of safety that is at least as effective as that required by the essential requirements” (ref. Articles 1 and 2).

3-4 November 2016 9

Furthermore, EASA introduced the ‘’Total system approach" based on the fact that the aviation system components – products, organisations, operators, crews, aerodromes, ATM, ANS, on the ground or in the air – are part of a single network.

Consequently, EC Basic Regulation (BR) 2016/2008 with the EASA implementing rules is the actual implementation of the ‘total system approach’ with the principal objective to establish and maintain a high uniform level of civil aviation safety in Europe.

Indeed, Regulation No 2016/2008 is addressing all aviation system components (i.e. Initial and continuing airworthiness, Air Ops and Air Crews, Aerodromes and Air Traffic Management), as shown in the slide.

3-4 November 2016 10

EC Basic Regulation 2016/2008 - Regulations structurehttp://easa.europa.eu/download/regulations_structure.pdf

http://easa.europa.eu/download/regulations_structure.pdf


CONTENT

• ICAO Convention• EC Basic Regulation 216/2008• SAC Due Regard Approach• SAC Safety Management System (SMS) &




Take away:• SAC is funded by 12 participating nations,

with a 30 year commitment• Cost share based on declared flight hours• National contribution to HAW personnel

based on declared FH’s• Missions executed by the Heavy Airlift Wing

(HAW)• Asset ownership and HAW support executed

by NATO Airlift Management Programme Office (NAMPO)

• Member of the C-17 Virtual Fleet• SAC fleet: 3 Boeing C-17 Globemaster III• 3165 Flight Hours annually• >90% Mission Capable Rate

SAC home base: Pápa Airforce Base, Hungary

www.sacprogram.org

About SAC

SAC C-17’s are registered and flagged in the host nation

Hungary

PÁPA


For the Hungarian competent authority, the NTA/AA, a due regard as far as practicable to the objectives contained within Regulation (EC) 216/2008 is to ensure, through certification processes, approvals and oversight, that SAC Enterprise and C-17 Weapon System offer an equivalent level of safety that is at least as effective as that required by the essential requirements described in the Basic EC Regulation.

Unfortunately, certain standardized processes, criteria or a clear roadmap that fulfils the declaration-validation requirement does not exist yet.


SAC Concept of Total Aviation Safety (CONTAS) developed by SAC MAAs and Safety SMEs and

approved by SAC Steering Board in 2008

USAF aviation regulations

European aviation

regulations

Hungarian aviation law &

regulations

Commonality with USAF

OSS&E

Training

EASA best practices for large aircraft

EDA/MAWA Forum

Act XCVII on Air Traffic

Decree 21 of MOD on registration,

manufacture and repair, and type and

airworthiness certification of state-owned aircraft

CONTAS implementation document is the TAS Management Plan (TASMP)

CONTAS consolidates SAC Participants’ minimum

safety expectations

based upon international best practices


Today, for SAC Enterprise the option of compliance - to the extent “as

civil as possible and as military as operationally necessary”-

through processes seeking validation of ‘due regard’’ of military aircraft

has been considered as the preferred and recommended solution.

A secure approach for SAC Enterprise to demonstrate an equivalent

level of safety to NTA/AA is to implement and document – as far as

practicable - comparable regulations, organizational structures and rules

to EC No 216/2008 basic regulation and EASA Implementing Rules.

In applying these general principles to the domain of “EC Basic

Regulation”, each sovereign State has the full authority to determine its

own criteria and practices to validate the ‘due regard’ of its State aircraft,

while assuring the safety of the aviation system.

Therefore, it is the State Authority that has to ensure or validate the

‘due regard’ of a particular military organization, based on the

organization’s declaration.


TASMP is the key instrument for communicating the approach to managing safety within the SAC Enterprise. It also documents all aspects of safety management, including the safety policy, procedures and individual safety responsibilities.

Therefore, TASMP as well will serve as the pilot document to describe the ‘due regard’ approach.


SAC Total System Approach to Aviation Safety


CONTENT





EASA Implementing Rules PART-ORO and PART-ORA mandate Air Operators and Air Crew organizations consecutively to develop a Management System that as minimum includes SMS and CMS.

Subsequently, national or organizational aviation safety management standards should be developed with due consideration to global (i.e. ICAO) and regional (e.g. EASA, FAA) regulatory frameworks.


SAC CONTAS EASA principles

EASA AMC1

ORO.GEN.200(a)(1)

Management system

ICAOSafety System Manual

Doc 9859/AN474,

2nd edition 2009

SAC strives to implement

practical and achievable

measures to improve

safety and efficiency in all

applicable sectors of the

air transportation system.

Safety

Manager

Safety

Manager


MTCHO/E

PostholderPostholder Postholder


BEING PRO-

ACTIVE

P

Undesirable

Event

Prevention barriers Recovery barriers

Accident 1

Accident 2

Accident 3

P r e v e n t i o n

Hazard 1

Hazard 2

Hazard 4

Hazard 5

Undesirable

Operational State

Hazard 3

Mi t i g a t i o n

E

TOTAL RISK = P x S x E

S


SAC Safety Risk Management

For the aviation safety domain the total system approach has 3 Key Areas of Safety Concern

to be addressed

Within each key area there are three 3 key Safety Issues

that should be examined


SAC Risk Tolerability MatrixSAC Risk Assessment Matrix

Risk Register Update

Hazard Abatement process (RAC and Stack): – “Significant 7” defined


Achievements so farSMS management• a combined Safety Office for SAC entities• a common Reporting System • a common safety process• a common Risk Management process and a common Hazard

Tracking System (HTS)• a Management of Change (MOC) process

SMS effectiveness• a developed set of Safety Performance Indicators (SPIs) - Metrics

for all different type of activities, across business units• a developed set of Safety Performance Targets (SPTs) • under development

• monitoring SAC safety performance • measuring Acceptable Levels of Safety Performance (ALoSP) • achieving desired outcomes


SAC Enterprise management system (EMS)

For SAC CMS international standards are applied such as:

ISO 9001:2015 “Quality Management System” (TUV certified)

ISO 14001:2015 “Environmental Management System”

ISO 45001:2016 “Occupational Health and Safety Management”


CONTENT





Consequently, SAC Enterprise, through CONTAS and TASMP is moving towards to establish a process as to have NTA/AA to accept and sign a ‘declaration letter’’ for SAC ‘due regard’ to safety.

This would guarantee an overall acceptance and safety recognition by the whole civil-military aviation community, including the SAC member nations.


CONTENT





CONCLUSION:

• Civilian aviation regulation like ICAO/EASA doesn’t apply to military aircraft when carrying out a military activity.

• Nevertheless, military aviation organizations should demonstrate- Due regard to safety- total system approach to safety

• The EASA Basic Regulations could be utilized by military aviation organizations within the EU, to demonstrate the above to the Competent Authority.

• SAC ultimate objective is an integrated approach to Safety.

• SAC Enterprise EMS components - SMS and CMS - are developed and under implementation.

• SAC approach to safety could be used as an example for military organizations to apply EMS initiatives i.a.w. civilian national standards and (international) regulation.

Management commitment and Safety Promotion are the key to success


Compliance or due regard of military aviation

organizations with EC Basic Regulation 216/2008

1st Cross-Industry Safety Conference - UOA/AS

3-4 November 2016

Mr. Jan Helderman

Quality Manager for SAC

[email protected]

Thank you for your attention

compliance or due regard of military aviation

Documents