Besluit luchtverkeer BES:bijlage A

Besluit luchtverkeer BES

Bijlage A General requirements for providers of air navigation services

Geldend

Documentgegevens:

Geldend vanaf 10-10-2010

Redactionele toelichting: Tekstplaatsing van het Landsbesluit luchtverkeer 2005, zoals gewijzigd bij het Aanpassingsbesluit openbare lichamen Bonaire, Sint Eustatius en Saba (27-09-2010, Stb. 366). Tijdstip iwtr.: 00.00 uur in Bonaire, Sint Eustatius en Saba. 06.00 uur in het Europese deel van Nederland.
Bronpublicatie:: 27-09-2010, Stb. 2010, 633 (uitgifte: 01-10-2010, kamerstukken/regelingnummer: -)
Inwerkingtreding: 10-10-2010
Bronpublicatie inwerkingtreding:: 30-09-2010, Stb. 2010, 389 (uitgifte: 01-01-2010, kamerstukken/regelingnummer: -)
Vakgebied(en): Vervoersrecht / Luchtvervoer

behorende bij artikel 3, derde lid, van het Besluit luchtverkeer BES

Organisational structure and management

Organisational structure

1

A provider of air navigation services shall define, maintain and manage its organisation according to a structure that supports the safe, effective and continuous provision of services.

2

The organisational structure must define:

(a): the authority, duties and responsibilities of the nominated post holders, in particular of the management personnel in charge of safety, quality, security and human resources related functions;
(b): the relationship between different parts of the organisation, including, where relevant, how different divisions, departments, etc., relate to each of the individual services provided;
(c): the subordination and reporting lines of all divisions, departments etc.

3

A provider of air navigation services shall be organised in such a way that it can accommodate relevant operational and technology changes resulting from plans developed throughout the Community.

Organisational management

Business plan:

A provider of air navigation services shall produce a business plan covering a minimum period of five years. The business plan shall:

(a): set out the overall aims and goals of the provider and its strategy towards achieving them;
(b): be consistent with any overall longer term plan of the provider and with relevant plans developed through Community legislation;
(c): indicate the ability of the provider to meet expected costs associated with new infrastructures needed to ensure the provision of services;
(d): demonstrate the provider's compliance with relevant international provisions for the development of infrastructure or other technology;
(e): demonstrate that the provider has the financial capability to maintain and develop sufficient personnel so as to provide its services.

The business plan shall contain details of:

(a): the operations, systems and processes of the provider and how these translate into financial requirements;
(b): forecasts of the provider's financial results and all relevant financial measures relating to expected income and expenditure;
(c): planned investments, including new infrastructure and the source of the financing to support these. The nature and strategic intent of such investment shall be specified;
(d): expected operating costs and the source of the financing to support these;
(e): plans for the selection, recruitment and training of staff.

Annual plan:

A provider of air navigation services shall produce an annual plan. The annual plan shall demonstrate its ability to provide services safely, efficiently and continuously and describe any changes to the business plan. The annual plan shall at least cover capacity, service levels and financial arrangements:

infrastructure and capacity

(a): a statement which sets out the nature of the infrastructure which is available to users and explains the conditions for access to such infrastructure such as infrastructure capacity and any restrictions relating to its use;
(b): a description of the methodology, tools and inputs in determining infrastructure capacity, including the basis of forecasts employed, as well as any underlying assumptions regarding airspace;
(c): plans for the management of the implementation of new infrastructure or other developments and how they will contribute to providing the necessary capacity and safety of services;

Quality of Services

(a): the level of service delivery that the service provider intends to meet, such as the expected level of delays to flights incurred as a result of services provided;
(b): the methodology and inputs employed in the calculation of the planned level of service delivery;
(c): indicators of performance against which the quality of service may be reasonably assessed.

Financial Plan

(a): the service provider's expected short-term financial position including progress towards the business plan as well as any material changes to or impacts on this plan.
(b): all financial measures included in any element of the business plan as well as any additional measures appropriate to the shorter timescale of the plan
(c): information, in line with that in the business plan, on the management of relevant assets and of investments of the service provider as appropriate to the shorter timescale of the annual plan.

Systems and processes for safety and quality management

Quality management system

A provider of air navigation services shall establish and maintain a quality management system which covers all air navigation services it provides according to the following principles:

(a)

it shall define the quality policy with a view to meet the users' requirements;

(b)

it shall set up a quality assurance program that contains procedures designed to verify that all operations are being conducted in accordance with applicable requirements, standards and procedures;

(c)

it shall provide evidence of the functioning of the quality system by means of manuals and monitoring documents;

(d)

it shall appoint management representatives to monitor compliance with, and adequacy of, procedures to ensure safe and efficient operational practices;

Taking this into consideration the provider of air navigation services shall:

i)

identify individual, procedural, and/or equipment deficiencies used in air traffic services;

ii)

promptly correct individual, procedural, and/or equipment deficiencies which affect coordinations with adjacent and ATS units. This can be achieved through:

—: guidance on procedures to be followed;
—: implementation of read-back/hear-back programmes;
—: training in the filling of LHD forms;
—: increase and/or closer monitoring of ATCOs performance;
—: immediate coordination programme after a re-authorization or change in flight level;
—: changes in procedures and/or corrections/amendments of equipment.

iii)

communicate performance expectations to ATS supervisors and controllers;

iv)

ensure the ATS unit maintains a summary of and have information letters on operational errors, causal factors and trends, and incorporate them into training;

v)

monitor and evaluate voice recordings (all ATS operational personnel);

vi)

take initiatives to improve communications among all ATS personnel to create an atmosphere conducive to sharing information;

vii)

exercise strict monitoring in ATC units;

ATS supervisors should:

1.: communicate performance expectations to controllers, stressing the importance of operational control position discipline, awareness, teamwork, the use of proper phraseology, proper coordination procedures, control position relief briefings and utilization of a position relief checklist;
2.: take prompt follow-up actions when controller performance does not meet with expectations;
3.: inform on individual and team accountability, and the consequences for not meeting expectations;
4.: provide efficient and consistent oversight of the ATS unit operation, and use effective resource management to ensure proper and timely assignment of personnel to promote the safe, orderly, and expeditious handling of air traffic;
5.: ensure that distractions and noise levels in the ATS unit are kept at a minimum;
6.: require all personnel to maintain a high degree of professionalism, teamwork, control position discipline, and awareness at all times in the ATS unit environment; and require that each controller knows, applies, and adheres to the appropriate requirements in the performance of his/her operational duties and responsibilities;
7.: promote an open flow of communications with all ATS personnel, allowing them to provide input to programme;
8.: place emphasis on hear-back/read-back errors during team meetings.

ATC personnel should:

9.: apply read-back/hear-back procedures when carrying out ATC coordinations;
10.: keep ATS supervisors advised of traffic problems and equipment limitations;
11.: make suggestions for ATS unit improvements and/or prevention of operational errors;
12.: maintain situational awareness;
13.: extend the extra effort to assist busier control position(s);
14.: continuously review their own operating techniques and ATS unit procedures to effect the highest quality of performance;
15.: promptly report all ATS incidents to the operational supervisor or other appropriate ATS authority for proper follow-up investigation;
16.: utilize memory aids.

VOICE RECORDING EVALUATIONS

Voice recording reviews should be conducted to ensure proper phraseology, good operating practices, and adherence to the standards set forth in ICAO provisions, and national/local directives and practices. Voice recording reviews should be conducted as follows:

i): the ATS unit should ensure that voice recording reviews are conducted at least semi-annually on all ATS operational personnel;
ii): the ATS supervisor should review the voice recording, document comments and develop an action plan for documenting performance deficiencies; and
iii): the ATS supervisor and the controller should review and discuss the voice recording.

(e)

it shall perform reviews of the quality system in place and take remedial actions, as appropriate.

An air navigation service provider shall initiate the process in order to obtain the ISO 9001 certificate for all air navigation services it provides by the end of 2006 at the latest.

Safety management

A provider of air navigation services shall institute and document measures to ensure safety in the form of a formalized, explicit and pro-active safety management system, based on a safety statement defining the organization's fundamental approach to managing safety in respect of all services which are under its managerial control, whereby all individuals involved in and responsible for safety related activities bear responsibility for their own actions. In doing so, it shall establish formal interfaces with those of its suppliers having a direct impact on the safety of its services, in particular with the suppliers of telecommunications, information technology and electricity.

The safety management system shall ensure that the achievement of a satisfactory safety level shall be afforded priority over commercial, operational, environmental or social considerations.

Safety management responsibility

A provider of air navigation services shall ensure that a safety management function is identified with organizational responsibility for development and maintenance of the safety management system, with direct accountability to the highest organizational level. Where the combination of responsibilities may prevent sufficient independence in this regard, the arrangements for safety assurance shall be supplemented by additional independent means.

Quantitative safety levels / Risk assessment and mitigation

A provider of air navigation services shall ensure

a): that risk assessment and mitigation is conducted against applicable quantitative safety levels to ensure that due consideration is given to all aspects of ATM;
b): that changes to the ATM system are assessed for their safety significance, and ATM system functions are classified according to their safety severity;
c): appropriate mitigation of risks where assessment has shown this to be necessary due to the safety significance of the change.
d): that remedial action necessary to maintain a acceptable level of safety is implemented as soon as practible.
e): provide for continuous monitoring and regular assessment of the safety level achieved.

Safety occurrences

A provider of air navigation services shall comply with the obligations stemming from directives of the director of Directorate of Civil Aviation. Furthermore, it shall ensure that any necessary corrective action is taken within a reasonable period following investigations of safety occurrences.

Safety assurance and promotion

A provider of air navigation services shall systematically carry out safety surveys to ensure compliance with the safety objectives or to implement improvements where needed. These surveys shall also detect any element which is approaching a point at which the safety standards can no longer be met. The ATS provider shall document procedures or systems employed to remedy these situations.

Documentation related to the safety management shall be maintained throughout the life of the system.

All lessons arising from safety occurrence investigations and other safety activities are disseminated within the organisation at managerial and operational levels. Staff shall be actively encouraged to propose solutions to identified hazards.

Safety improvement

A provider of air navigation services shall implement and document an effective safety improvement process which relies on a strong safety culture.

Competence of staff

A provider of air navigation services shall ensure that its personnel involved in safety related tasks is adequately trained and is competent to perform its duties, in addition to being properly licensed if so required.

The provider of air navigation services shall ensure that technical and engineering personnel have and maintain sufficient knowledge and understanding of the services they are supporting, of the actual and potential effects of their work on the safety of those services, and of the appropriate working limits to be applied.

With regard to its personnel involved in safety related tasks, the provider of air navigation services shall document the adequacy of the competence of its personnel; the rostering arrangements in place to ensure sufficient capacity and continuity of service; the personnel training policy, training plans and records.

The provider shall have procedures in place for cases where the physical or mental condition of the personnel is in doubt.

A provider of air navigation services shall maintain a register of information on the numbers, status and deployment of its staff. The register shall:

(a): identify the accountable managers for safety related functions;
(b): record the relevant qualifications of technical and operational staff, against required skills and competence requirements;
(c): specify the locations and duties to which technical and operational staff are assigned, including any rostering methodology.

Operations manuals

A provider of air navigation services shall provide and keep up-to-date operations manuals relating to the provision of its services for the use and guidance of operations personnel. It shall ensure that:

(a): the manual is kept in a readily accessible form;
(b): operations manuals contain all the instruction and the information required by the operations personnel to perform their duties;
(b): relevant parts of the operations manuals are accessible to the personnel concerned;
(c): the manual is amended whenever it is necessary to do so to keep it in an up to date form;
(d): the operations personnel are expeditiously informed of the amendments to the operations manual applying to their duties.
(e): all the amendments are incorporated in all copies of the manual kept by the operator and
(f): that copies of the amendments are given to the Directorate of Civil Aviation of the Netherlands Antilles.

If the provider is given a directive to amend the manual, the provider must comply with the directive.

Security

1

A provider of air navigation services shall adopt measures and describe them in a security management system for ensuring:

(a): the security of its facilities and personnel so as to prevent unlawful interference with the provision of services;
(b): the security of operational data it receives or produces or otherwise employs, so that access to it is restricted only to those authorized.

2

The security management system must define:

(a): the procedures relating to security risk assessment and mitigation, security monitoring and improvement, security reviews and lesson dissemination;
(b): the means designed to detect security breaches and to alert personnel with appropriate security warnings;
(c): the means of containing the effects of security breaches and to identify recovery action and mitigation procedures to prevent re-occurrence.

3

The service provider's procedures for ensuring security of its facilities, personnel and data and information shall include coordination with the relevant civil and military authorities.

Human resources

A provider of air navigation services shall employ appropriately skilled people to ensure the provision of its services in a safe, efficient, continuous and sustainable manner. In this context, it shall adopt policies and programmes for human resources that demonstrate its plans, methods and tools for the selection, recruitment and retention of staff; and for the personnel development and training.

Wherever needed, the provider has to ensure the necessary security clearance of its staff.

Financial strength

Economic and financial capacity

A provider of air navigation services shall be able to:

(a): sustain the cost-efficient and cost-effective provision of its services over the period covered by its business plan;
(b): meet its financial obligations, such as fixed and variable costs of operation or capital investment costs, in order to allow it to provide its services.

Management of assets

A provider of air navigation services shall develop and maintain its assets so that it can provide the services safely, efficiently and continuously:

(a): it shall maintain a register that identifies all relevant assets (i.e. assets which form part of the operational system by which the service provider provides its services);
(b): the register shall reconcile the relevant assets with the provider's financial reports and plans including its balance sheet.

Proof of financial strength

A provider of air navigation services shall demonstrate its ability to meet its financial obligations through the provision of plans, balance sheets and accounts as practicable under its legal statute, including a business plan and an annual plan.

Liability and insurance cover

A provider of air navigation services shall have in place arrangements to cover its liabilities for:

a): damage sustained in case of death or bodily injury,
b): loss or damage to property including consequential losses arising from such loss or damage, and
c): loss or damage arising from a material interruption to the services it provides to the extent the same is attributable to fault or neglect on its part in the provision or a lack of provision of those services.

The method employed to provide the cover referred to in paragraph 2 shall be appropriate to the potential loss and damage in question, taking into account the legal status of the service provider. It may comprise the use of a commercial insurance policy or underwriting by means of a State guarantee or another equally suitable mechanism.

Providers of services who avail themselves of services of another provider shall ensure that, the agreements cover the allocation of liability between the providers.

Quality of services

Open and transparent provision of services

A provider of air navigation services shall provide its services in an open and transparent manner without any discrimination in accordance with EU-law and the principles of ICAO.

A provider of air traffic services shall establish a formal consultation process with the airspace users on a regular basis, either individually or collectively, and at least once a year.

Contingency plans

A provider of air navigation services shall adopt contingency plans to detail the steps to be followed towards the continuity of services in the case of events which result in significant degradation or interruption of its services. These plans shall cover events resulting from accidents, technical failure, intentional acts, unscheduled breakdown or force majeure.

The contingency plans shall consider the possible impacts on adjacent airspace of such events; be coordinated with all relevant authorities, service providers and users, as appropriate, including providers of air navigation services in adjacent airspace; and detail internal and external coordination actions towards the recovery of services.

A provider of air navigation services shall take the guidelines outlined in Attachment D of Annex 11 into consideration when developing, promulgating and implementing of contingency plans.