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interface with the SES performance
scheme, the SES II technical pillar, the
SESAR ATM Master Plan, and the SES
airspace and interoperability regulations.
Safety rule-making and associated
means of compliance
Safety regulation is currently achieved
through the application of a range of
ICAO, EUROCONTROL and national requirements,
and in the case of those
Member States where European Community
law applies, also by means of
the EC Regulations included in the
first SES package. The SES framework
addresses the regulation of all ATM/
ANS aspects beyond safety and it is
anticipated that its safety-related rules
and provisions will be progressively
replaced by Implementing Rules prepared
by EASA.
Single European Sky II
Renewed focus on safety
Figure 1: Ses safety pillar –
Key milestones
Opinions
Amendment of the basic regulation
Basic Regulation
enters into
force (2012)
IRs
enter into
force (2012)
Development of implementation
SES II
25.6.08
Preparatory work
in progress
EU co-decision:
adopted ... 2009
ToRs ...
drafting groups
Skyway 52 Summer & Autumn 2009 15
EUROCONTROL ESARRs2 were developed
as the means of harmonisation
for all 44 ECAC Member States. In the
EC context, ESARRs have now been
transposed through SES IRs. No new
ESARRs will be developed, although
revision of existing ESARRs continues
to ensure their full alignment with existing
EC law. EASA, if and when developing
new IRs in the area of ATM safety,
will need to account for relevant
safety-related provisions of SES rules
and transposed ESARRs, such as:
n Commission Regulation (EC)
2096/2005 (Common Requirements)
which establishes a certification
scheme for the provision of
ANS services and includes provisions
transposing ESARR 3, 4 and
parts of ESARR 5 into EC law;
n Commission Regulation (EC)
1315/2007 transposing ESARR 1
into EC law;
n Commission Regulation (EC)
482/2008 transposing ESARR 6 into
EC law;
n EC Directives on accident investigation,
safety occurrence reporting
and ATCO licensing which address
the transposition of ESARR 2
and part of ESARR 5.
The extension
of EASA’s safety
regulatory role
not only includes
the preparation
of IRs but also
the issuing of
the necessary acceptable
means
of compliance,
certification specifications and guidance
material in the field of ATM/ANS
safety.
Organisations such as EUROCONTROL
and EUROCAE have produced and are
producing specifications and guidance
material in the area of ATM safety
which can have a recognised status
(such as Community Specifications in
SES and Acceptable Means of Compliance)
in the EC context, both in the SES
and EASA regulatory frameworks. It is
therefore expected that existing safety
methods and guidance material as
well as those under development will
be used to facilitate the application
of safety rules within the EC SES and
EASA systems.
Safety pillar and the SES
performance scheme
Following the adoption of the SES II
legislative package, a performance
scheme will be established. It will include
EC-wide performance targets
and national plans or plans for functional
airspace blocks.
The performance
scheme is a key enhancement
of the
original Regulation
(EC) No. 549/2004
(Framework Regulation)
and will become
a core part
of the SES framework,
while EASA,
governed by Regulation (EC) No.
216/2008 (EASA Basic Regulation),
will deal with safety regulatory matters
following the extension of its
competencies to ATM/ANS. Interfaces
will need consideration, particularly
as regards:
n the development of Implementing
Rules for the setting of safety
performance targets;
n interdependencies between key
performance areas/targets/indicators,
including evaluation of
safety impact of non-safety-related
targets;
n criteria to ensure the consistency
of national safety targets with
European safety targets.
When describing the performance
scheme, the SES II provisions make
clear that safety performance forms
part of it. A number of aspects will
therefore have to be considered as
regards the implementation of the
scheme as regards safety, with EASA
and National Supervisory Authorities
EUROCONTROL ESARRs
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Skyway Magazine, Summer & Autumn 2009(8)
