Presentation Title

International Civil Aviation Organization
Features and Evolution of Regional
Safety Oversight Organisations (RSOO)
Comparative Analysis
Mikołaj Ratajczyk
Permanent Representation of Poland to the European Union
ICAO Symposium on Regional Safety Oversight Organisations
Montréal, 26 - 28 October 2011
Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
• Regional cooperation increasingly seen as a
promising approach to enhance air safety
and efficiency;
• A number of regional air safety cooperation
schemes already exist (earliest established
in 1960’s);
• … but still lack of comprehensive , crosscutting studies of RSOOs and their benefits
(recent exception: new edition of ICAO Doc.
9734 part. B);
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
There could be advantages in promoting greater
understanding of RSOO concept or making it
more precise:
 The notion of RSOO increasingly used in ICAO documents (e.g.
Assembly Resolutions);
 But there is currently no RSOO definition, or common
understanding of it in the ICAO context (concept very broad);
 Especially, where safety functions normally attributed to States
are concerned, there should be no ambiguity as to who is
responsible;
 Improving understanding of different types of RSOOs (or
classifying them) could have advantages but should be
practical, based on relevant criteria (e.g. legally binding
delegation of safety responsibilities), and take into account
that …
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
Most of the RSOOs are still young, and
expected to continue evolving in the years to
come:
 Concept not new, but a real „RSOO boom” in the last ten
years;
 8 out of 10 organisations studied established only in the last
decade (6 out of 10 if evolution from other organisations
taken into account);
 Dynamics of ‘young’ organisations in general different to
that of older ones – further changes can be expected;
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
There is no single model or “one size fits all”
approach for RSOOs
 Needs of States differ - the concept therefore
implemented in a “tailor-made” manner;
 Three main types of RSOOs:
a) networks of aviation safety regulators,
b) international safety organisations,
c) and regional safety agencies evolving within the
broader framework of a REIO;
 Most dealing with regulatory and oversight issues, but
also accident investigation or aviation security bodies;
 Broad range of considerations influencing the model
finally chosen;
 And we also need to bear in mind that …
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
RSOOs (especially those established
recently) have a clear tendency to evolve
into more “institutionalised” structures:
 4 out of 8 organisations established in the last decade
have already undergone an evolution;
 Some examples of transformations:
 technical cooperation project
international safety
organisation/agency;
 network of aviation safety regulators
international safety
organization/agency;
 States generally consider it necessary for an RSOO to
have legal personality (9 out of 10 organisations studied
have some sort of legal personality, and evolution of
RSOOs over time clearly also going in this direction);
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
Delegation of safety functions to RSOOs
important but still not widely utilised
 Some of the RSOOs are empowered to exercise, in a
legally binding manner, safety functions, normally
attributed by the Chicago Convention to States (e.g.
certification);
 A powerful tool to simplify the exercise of a safety
function in a uniform, and legally binding way across a
whole region;
 One of the most important criteria distinguishing the
different types of regional air safety organisations;
 In theory can be far reaching, but in practice still not
widely used (e.g. only 3/10 RSOOs issuing certificates on
behalf of their Member States);
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
The „tool-box” concept
 Experience shows that if political will exists, legal
solutions can accommodate States’ needs (i.e. legal
engineering a solution rather than obstacle), but…
 States need to be aware that the institutional/legal
choices will have far reaching implications for an
RSOO;
 Experience also shows that it is helpful to organise
the whole process in a structured way (e.g. a
„matrix” plotting different possible RSOO safety
functions with institutional alternatives);
 This structured, tailor-made approach could be
replicated in a more generic way;
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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Features and Evolution of Regional Safety
Oversight Organisations (RSOO)
Conclusions
 giving more precision to the notion of RSOO could be
advantageous – but in a practical manner based on relevant
criteria and taking into account, in particular:
 the majority of RSOOs are still young, and expected to
continue evolving in the years to come;
 there is no single model or “one size fits all” for RSOOs;
 RSOOs have a clear tendency to evolve into more
“institutionalised” structures with legal personality;
 there could be benefit in developing a methodology and
more structured guidance material for establishing RSOOs in
a tailor-made manner (i.e. a “tool-box” concept), to best
meet the safety needs of States concerned;
ICAO Symposium on Regional Safety Oversight Organization, Montréal, 26 - 28 October 2011
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International Civil Aviation Organization
Thank you for your attention
Contact:
Mikołaj Ratajczyk
Permanent Representation of Poland to the EU
tel. (32) 2 7804 498
E-mail: [email protected]