Bundesamt für Zivilluftfahrt BAZL Air Transport: What Route to Sustainability? Aviation Security: What about Facilitation? Urs Haldimann, Head Legal and International Affairs, FOCA 3 rd ICAO/McGill Pre-Assembly Conference, Montreal, 27 September 2010

2 Aviation Security: What about Facilitation? Urs Haldimann, Legal and International Affairs, FOCA 3 rd ICAO/McGill Pre-Assembly Conference, Montreal, 27 September Meaning of Security and Facilitation 2. What’s the role of Facilitation? 3. Facilitation, a question of timing? 4. Consistency of the system 5. Conclusions Overview

3 Aviation Security: What about Facilitation? Urs Haldimann, Legal and International Affairs, FOCA 3 rd ICAO/McGill Pre-Assembly Conference, Montreal, 27 September 2010 Meaning of Security and Facilitation 3 pillars of Security: 1. Intelligence 2. Security measures 3. Unpredictability Key factors of Facilitation: 1. No unnecessary requirements (common sense) 2. Timely/smooth processing (minimum inconvenience) 3. Quality of service (minimum facilities regarding construction, operation) 4. Accommodation of special needs

4 Aviation Security: What about Facilitation? Urs Haldimann, Legal and International Affairs, FOCA 3 rd ICAO/McGill Pre-Assembly Conference, Montreal, 27 September 2010 What’s the role of Facilitation? Strength of Facilitation: Process oriented (“oil in the machine”) Air Transport oriented (counterbalance to other Annexes to Chicago Convention) Positive security side-effects (PNR, API) Weaknesses of Facilitation: Low safety-relevance No homogeneity, different entities involved (Customs, Immigration, Public Health, Consumer Protection, Civil Aviation Authorities) No priority to CAAs, since no absolute obligation

5 Aviation Security: What about Facilitation? Urs Haldimann, Legal and International Affairs, FOCA 3 rd ICAO/McGill Pre-Assembly Conference, Montreal, 27 September 2010 Facilitation, a question of timing? Before 9/11, security measures questioned with regard to their necessity Facilitation as a concept was promoted by the industry and accepted by States After 9/11, security became predominant Facilitation primarily perceived as tool for improving security (API, PNR-Information) Implementation of security not facilitations oriented (often poorly harmonized, e.g. list of prohibited items, unilateral measures)

6 Aviation Security: What about Facilitation? Urs Haldimann, Legal and International Affairs, FOCA 3 rd ICAO/McGill Pre-Assembly Conference, Montreal, 27 September 2010 Consistency of the system Acceptance of security by public: essential for its success on the long run Efficient security technology: high detection rate and efficient operation (double condition) “Return on investment”, when facilitation measures serve security needs (e.g. API/PNR -> faster immigration procedures) No sustainable security processes without Facilitation

7 Aviation Security: What about Facilitation? Urs Haldimann, Legal and International Affairs, FOCA 3 rd ICAO/McGill Pre-Assembly Conference, Montreal, 27 September 2010 Conclusions Security and Facilitation are too often running on anti-cyclic waves, instead of being seen as complementary elements Systematic monitoring of security processes from a facilitation viewpoint would improve the whole procedure (common sense) Effective implementation of Security is characterized by unpredictability and common sense Facilitation is an indispensable element of proper security