THE ROLE OF STATES IN ENSURING THE PROVISION OF AIR TRAFFIC SERVICES IFATCA 26 th Africa and Middle East Regional Meeting (Accra, Ghana, Oct 2015) Presented by: Albert Aidoo Taylor ICAO Regional Officer, Air Traffic Management & Search and Rescue, Western & Central Africa 1

 Scale and Projections - Global Air Transport  Air Transport and Economic Development  ICAO Strategic Objectives ( )  Role, functions & responsibilities of States in ATS  Global & Regional Strategies: « No Country Left Behind »  Abuja Safety Targets  AFI Air Navigation Performance Indicators  Summary OUTLINE 2

2013: Traffic is for scheduled services in 2013 SCALE AND PROJECTIONS FOR GLOBAL AIR TRANSPORT 3  Aircraft in Service  More than Airports  170 Air Navigation Centres  3.1 Billion Pax  49 Million Tonnes Cargo  Scheduled Carriers  30 Million Flights in 2012  59 Million Flights Projected for :  3 Biilion Pax in 2012  More than 6 Billion Px projected for 2030

In Africa $67.8 billion in GDP 6.7 million jobs 5% per annum on GDP in next 20 years 6.1 % per annum growth in traffic to Transport Air Transport and Economic Development

ICAO STRATEGIC OBJECTIVES (  SAFETY: Enhance global civil aviation safety  AIR NAVIGATION CAPACITY & EFFICIENCY : increase capacity and improve efficiency of the global civil aviation system  SECURITY & FACILITATION: Enhance global civil aviation Security & facilitation  ECONOMIC DEVELOPMENT OF AIR TRANSPORT: Forster the development of a sound and economically viable civil aviation system  ENVIRONMENTAL PROTECTION: Minimize the adverse environmental effects of civil aviation activities

Article 1: Sovereignty The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. HIGH LEVEL WACAF MISSION ON SSC, FREE TOWN, 7-9 OCT 20156

UN Convention on Law of the sea LIMITS OF THE TERRITORIAL SEA Article 3 Breadth of the territorial sea Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention. 7

AIR TRAFFIC SERVICE: Air traffic service: A generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service). The objectives of the air traffic services shall be to: a) prevent collisions between aircraft; b) prevent collisions between aircraft on the manoeuvring area and obstructions on that area; c) expedite and maintain an orderly flow of air traffic; d) provide advice and information useful for the safe and efficient conduct of flights; e) notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required. 8

Establishment of authority Contracting States shall DETERMINE, in accordance with the provisions of Annex 11 and for the territories over which they have jurisdiction, those portions of the airspace and those aerodromes where air traffic services will be provided. They shall thereafter ARRANGE for such services to be established and provided; By mutual agreement, a State may delegate to another State the responsibility for establishing and providing air traffic services in flight information regions, control areas or control zones extending over the territories of the former. 9

State Responsibilities If one State delegates to another State the responsibility for the provision of air traffic services over its territory, it does so without derogation of its national sovereignty. (Delegation but not derogation) The providing State’s responsibility is limited to technical and operational considerations and does not extend beyond those pertaining to the safety and expedition of aircraft using the concerned airspace. The providing State in providing air traffic services within the territory of the delegating State will do so in accordance with the requirements of the latter. Both the delegating and providing States may terminate the agreement between them at any time. 10

Situations which arise in respect of the establishment and provision of air traffic services to either part or whole of an international flight are as follows: Situation 1: A route, or portion of a route, contained within airspace under the sovereignty of a State establishing and providing its own air traffic services. Situation 2: A route, or portion of a route, contained within airspace under the sovereignty of a State which has, by mutual agreement, been delegated to another State, responsibility for the establishment and provision of air traffic services. Situation 3: A portion of a route contained within airspace over the high seas or in airspace of undetermined sovereignty for which a State has accepted the responsibility for the establishment and provision of air traffic services. 11

High Seas Those portions of the airspace over the high seas or in airspace of undetermined sovereignty where air traffic services will be provided shall be determined on the basis of regional air navigation agreements. Note: The phrase “regional air navigation agreements” refers to the agreements approved by the Council of ICAO normally on the advice of Regional Air Navigation Meetings. 12

Authority for providing ATS Service When it has been determined that air traffic services will be provided, the States concerned shall DESIGNATE the authority responsible for providing such services. Note: The authority responsible for establishing and providing the services may be a State or a suitable Agency. 13

Roles and Best Practices The State must DECIDE how it will establish the roles of regulation (Technical and Economic) and services provision. The functions of regulation and provision with clear and sustainable lines of accountability which remove potential conflicts of interest within the Aviation Authority. It is preferable if the ATS provider is a separate entity with its own governance and financial independence. 14

Safety Responsibilities & Accountabilities The Regulator embraces the SSP and ensures that safety requirements are clearly stated and communicated to the provider; The Provider implements an acceptable SMS and ensures that all staff are fully trained, licensed and above all, competent to perform their tasks The Regulator and Service Provider must have experienced staff to perform their tasks and must have an appropriate budget to fulfil their functions. 15

State Roles Good regulation and safe provision of ATS costs significant amount of money therefore realistic budgets must be prepared and accepted. The State may DECIDE to recover the costs of regulation by charging the users however it is important that these costs are transparent and benefitting the aviation industry - and not seen as another tax. 16

State Roles The subject of safety data collection and analysis is a subject in its own right but is very important for the State to ESTABLISH the methods It is important for the State to FACILITATE the establishment of the principle of JUST CULTURE. 17

PUBLICATION OF SERVICES Where air traffic services are established, information shall be PUBLISHED as necessary to permit the utilization of such services. 18

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FUNCTIONS OF ATM REGULATION State responsibilities (basic version)  DEVELOPMENT and UPDATING of the necessary regulations;  setting national safety performance targets; and  Exercising safety oversight of ATS service providers.

ICAO Annex 19  Each State shall ESTABLISH an State Safety Programme (SSP) for the management of safety in the State, in order to achieve an acceptable level of safety performance in civil aviation.  Each State shall establish and implement a safety oversight system.

CRITICAL ELEMENTS OF A STATE’S SAFETY OVERSIGHT SYSTEM 22 1 Legislation 2 Regulations 3 Organization 4 Technical Staff qual+ training 5 Technical Guidance & Tools 6 Licensing, Certification, Approval 7 Continuous Surveillance 8 Resolution of Safety Concerns ESTABLISH IMPLEMENT

ABUJA SAFETY TARGETS- Africa Ministerial Conference, July 2012  Establish and strengthen the autonomy of CAAs by Dec 2013  Reduce runway related accidents and serious incidents by 50% by the end of  Reduce controlled flight into terrain (CFIT) related accidents and serious incidents by 50% by the end of Dec  Reduce Loss of Control related accidents/serious incidents by 50% by the end of  Resolve existing SSCs by July 2013 and newly identified SSCs within 12 months.  Increase EI of all African States to world average by the end of 2017  Certify all International Aerodromes by the end of  Implement SSP and SMS by end  Require African airlines to complete IOSA by end 2015.

AFI AIR NAVIGATION (ANS) PERFORMANCE INIDICATORS 14TH AFI PLAN STEERING COMMITTEE, MONTREAL, OCT 2014  Implement Performance Based Navigation (PBN)  Implement Continuous Descent Operations (CDO) and Continuous Climb Operations (CCO)  Reduce Aircraft Proximity incidents (AIRPROX) due to ANS deficiencies by 50%  Reduce risk of accidents related to ATM safety  Implement Digital ATS Coordination/Transfer  Establish effective and operational SAR Organization.  Implement En-Route Data Link Applications  Implement Aeronautical Information Management (AIM) Quality Management System (QMS)  Implement Aeronautical Meteorology (MET) Quality Management System (QMS) 24

The No Country Left Behind (NCLB) campaign  Launched by ICAO Council at the end of 2014: highlights ICAO’s efforts to assist States in implementing ICAO Standards and Recommended Practices (SARPs). The main goal of this work is to help ensure that SARP implementation is better harmonized globally that all States have access to the significant socio- economic benefits of safe and reliable air transport. promotes ICAO’s efforts to resolve Significant Safety Concerns (SSCs) brought to light through ICAO’s safety oversight audits, as well as other safety, security and emissions-related objectives.

 A pragmatic approach for Safety; Capacity & Efficiency Enhancement  AFI framework for the implementation of NCLB programme 26 NCLB and the AFI Plan 2017 EI:60 % GASP 2017 EI:60 % Abuja Safety Targets ICAO SO: SAFETY PBN GANP PBN AFI ANS PIs ICAO SO: CAPACITY & EFFICIENCY OPS PELANSAIG AGA AIR Expansion of AFI Plan to ANS and Alignement of Regional Targets with Global Plans  AFI ANSPs Peer Review

SUMMARY Air Transport has huge social and economic impact on national, regional and global development; The development and provision of safe, efficient, economic, secure and environmentally responsible Air Traffic Services as an integral part of the global air transport system is key to achieving sustainable national and global growth; States has an important role to decide the portions of routes or airspace where ATS shall be provided and arrange for ATS to be provided Designate a State or suitable Agency to establish and Provide ATS Decide of the governance structure and accountability for provision of ATS Ensure availability of adequate resources (financial and human) Facilitate the establishment of Just Culture and collection of Safety Data Set National Safety Performance Targets; and Publish National Aeronautical Information Legislate, Regulate, Exercise Oversight and ensure Compliance 27

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MERCI !