1. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency SAFETYIN EU PERFORMANCE LAW Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

2. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013

3. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency 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˝

4. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

5. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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 ) : 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

6. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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 ) : 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)

7. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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 ) : 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

8. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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 targetsCapacity targets 201220132014201220132014 EU targetsEUR 57,88EUR 55,87EUR 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/flight1,5 min/flight 0,48 min/flight

9. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

10. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

11. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

12. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

13. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

14. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

15. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

16. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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

17. Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency Gdansk International Air & Space Law Conference, Poland in International Civil Aviation, 14-15.11.2013 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