Establishing and sustaining an RSOO

Establishing and sustaining an RSOO Boubacar Djibo Secretary General, AFCAC 27 October 2011 Symposium on Regional Safety Oversight Organizations

RSOO Implementation • Establishment Doc 9734 Part B • Management Doc 9734 Part B • Sustainability RSOO Member States Symposium on Regional Safety Oversight Organizations

RSOO Implementation • Doc 9734 Part B The Establishment and Management of a State’s Safety Oversight System • The objective of this part of the Safety Oversight Manual is to provide guidance for States that wish to form a regional safety oversight system. To achieve this objective, the manual formulates a regional strategy that will bring together the efforts, experience and resources of Contracting States, international and regional organizations, aviation manufacturers, financial and other funding institutions, and ICAO. This strategy allows for the undertaking of safety oversight initiatives to assist States in a region or sub region with the establishment and management of a regional safety oversight system. Symposium on Regional Safety Oversight Organizations

Chapter 3. The establishment and management of a regional safety oversight organization ............................................... 3-1 • 3.1 General .................................................................................... 3-1 • 3.2 Establishment of a regional safety oversight organization ..... 3-1 • 3.3 Legal framework ..................................................................... 3-3 • 3.4 Objectives ............................................................................... 3-4 • 3.5 The role of ICAO ..................................................................... 3-5 • 3.6 Relationship with aviation-related organizations .................. 3-5 • 3.7 Duties and responsibilities of a regional safety oversight organization ................................ 3-6 • 3.8 Organizational structure of a regional safety oversight organization ................................... 3-7 Symposium on Regional Safety Oversight Organizations

Chapter 4. Financing a regional safety oversight organization .................................................. 4-1 • 4.1 Benefits from economies of scale ........................................... 4-1 • 4.2 Sources of financing ................................................................ 4-1 • 4.3 Trust funds ............................................................................... 4-2 • 4.4 States’ obligations and contributions ...................................... 4-2 • 4.5 Development of a budget ....................................................... 4-2 Symposium on Regional Safety Oversight Organizations

African Perspective • B. Establishing and sustaining an RSOO; • 5.2.4 ICAO contracting States have the responsibility for safety oversight, and this responsibility may not be transferred to an RSOO or any other regional body. The State may delegate specific safety oversight tasks and functions to an RSOO, such as inspections for the certification of an operator. • 5.2.5 The State shall still retain the minimum capability required to carry out its responsibilities under the Chicago Convention. States must always be able to properly and effectively monitor the safety oversight functions delegated to the RSOO. • 5.2.6 With respect to already-existing RSOOs, different approaches were employed in their establishment. In some cases a bottom-up approach was employed whereby the creation of a COSCAP preceded and led to the establishment of a more formally, organized RSOOs. A good example is BAG Regional Safety Oversight Organization (BAGASSO). Symposium on Regional Safety Oversight Organizations

African Perspective • 5.2.7 In other cases, the establishment of an RSOO has followed a top-down approach, in which an RSOO resulted from decisions taken by an intra-regional political or economic body. Another example is Civil Aviation Safety and Security Oversight Agency (CASSOA): this is a specialized agency of the East African Community (EAC) responsible for ensuring the development of safe and secure civil aviation system in the region. Symposium on Regional Safety Oversight Organizations

African Perspective • Sustainability: RSOO Member States • Selection of the right format: States/Regional Organizations (Politic, Economic, Technical groupings) • commitment of member States, • Identification of enablers and obstacles • Funding (payment of contributions by member States, contributions from the Regional Groupings , the technical organizations, …….) and • above all member States fulfilling the terms and conditions contained in the RSOO’s governing document. Doc 9734 Part B, Symposium on Regional Safety Oversight Organizations

African Perspective • Regional aviation agency introduces new safety charge • The Standard - ‎14 September 2011‎ • The Board of CASSOA has approved a funding mechanism that will see disembarking passengers paying $0.70 each at airports within the region. The Agency gets its funding from contributions from the CAAs from partner States. But the growing responsibilities, which include oversight of regional activities, call for more funds. • These roles were bequeathed to the regional firm after it emerged that Partner States do not have adequate aviation activities to generate the necessary resources individually to respond to air safety and security challenges. The regional solution allows member States to access the necessary expertise through the sharing and pooling of resources. The charge will help improve air safety and security. • …………….. Symposium on Regional Safety Oversight Organizations

African Perspective • Alternative sources of funding needed, says Sezibera • Monday, 24 October 2011 08:25 www.busiweek.com • ARUSHA, TANZANIA-East African Community (EAC) Secretary General Amb. Dr. Richard Sezibera has said that delay by the regional inter-governmental organization to develop different mechanisms of funding its activities could be one of possible challenges to the implementation of the fourth five-year (2011-2016) development strategy. "It is now becoming inevitable for the community to consider a different mechanism of financing its activities," he said in a briefing on the ongoing programmes and projects in each of the EAC Organs and Institutions of the community to the Chairperson of the Summit of EAC Heads of State and President of Burundi, Pierre Nkurunziza. The meeting that was convened for the heads of EAC organs and institutions was recently held in Bujumbura, Burundi. Symposium on Regional Safety Oversight Organizations

African Perspective • Alternative sources of funding needed, says Sezibera • Monday, 24 October 2011 08:25 www.busiweek.com • EACOrgans include the EAC Secretariat, the East African Legislative Assembly (EALA) and the East African Court of Justice among others. • Institutions include the East African Civil Aviation safety and security Oversight Agency (CASSOA); Inter University Council of East Africa (IUCEA); Lake Victoria Fisheries Organization (LVFO); East African Development Bank (EADB); and Lake Victoria Basin Commission (LVBC).He said that the development strategy aims at consolidating the benefits of a fully fledged Customs Union, implement the EAC Common Market Protocol, establish the East African Monetary Union and to lay the foundation for a Political Federation.It also aims at developing regional infrastructure, strengthen the regional competitive and sustainable productive and Social Sectors to support regional and global integration process and strengthen the Service Support Sectors. Symposium on Regional Safety Oversight Organizations

African Perspective • Alternative sources of funding needed, says Sezibera • Monday, 24 October 2011 08:25 www.busiweek.com • He pointed out that the current method of equal contribution by partner states was onerous on their budgets and yet was inadequate for the needs of a growing Community. "That is why about 70% of our budget is currently financed by development partners. This is neither desirable nor sustainable," he said. "Some of our Institutions, like the Civil Aviation Safety and Security Oversight Agency (CASSOA) should also be allowed to have special financing mechanisms, like a surcharge on air tickets as an example," noted the Secretary General. Symposium on Regional Safety Oversight Organizations

Africa Case: 53 States • African Union: 8 Regional Economic Communities • ECCAS 10 Member States • CEN SAD 28 Member States • COMESA 19 Member States • EAC 5 Member States (RSOO CASSOA) • ECOWAS 15 Member States • IGAD 7 Member States • UMA 5 Member States • SADC 15 Member States (COSCAP) • Other Regional Economic organizations • CEMAC6 Member States (COSCAP) • UEMOA 8 Member States (COSCAP) • Other Regional Organizations • ASECNA 18 Member States (RSOO AAMAC) • BAG: 7 Member States (RSOO BAGASOO) • Roberts FIR 3 Member States Project title (Insert, Header & Footer)

Africa Case: 53 States Symposium on Regional Safety Oversight Organizations

Africa Case: Recommandations • An awareness must be created of the political commitment of States to ensure separation of overlaps that may exist due to regional groupings which may impact State memberships requirements in particular RSOOs. • Develop guidelines for the establishment of a sustainable RSOO in Africa. • Enlist all available financial resources and recommend the most appropriate funding mechanism. • RSSO should concentrate on Airworthiness, Flight Operations and Aerodromes before gradually progressing to include other flight safety areas, as contained in all ICAO annexes except 9 and 17. • Each State to be a member of ONLY one RSOO. Project title (Insert, Header & Footer)

Africa Case: Guidelines • GUIDELINES ON ESTABLISHMENT OF SUSTAINABLE REGIONAL SAFETY OVERSIGHT ORGANIZATIONS (RSOOs) IN AFRICA (under preparation by an Ad Hoc of African Experts) • Develop generic guidelines • Role of AFCAC • Identify enablers and obstacles • …….. Project title (Insert, Header & Footer)

Africa Case: Guidelines • States shall retain safety oversight responsibilities and obligations under the Chicago Convention. • States are sovereign and will therefore continue to participate in one or more Regional Organizations including Regional Economic Communities (RECs) or Groupings based on political and economic considerations. • These guidelines are limited only to technical matters and participation in RSOOs. • Each State is free to join an RSOO but must demonstrate commitment to effective participation and sustainability of the RSOO. • Each State should be a member of ONLY one RSOO. • Existing Regional Organizations including RECs and other economic/technical groupings should serve as effective platforms for the formation of RSOOs. However RSOOs do not necessarily have to mirror the RECs. Project title (Insert, Header & Footer)

Africa Case: Guidelines • COSCAPs and other Regional aviation initiatives have been useful experiences for States to work together on aviation safety matters and therefore could serve as effective platforms for transiting to RSOOs. • RSOO establishment framework with respect to Legal, Organizational and Financial agreements should be binding on all participating States. • There should be a clear mandate for the RSOOs and delineation of duties and functions between the national aviation authorities and the RSOOs. • The establishment of autonomous CAAs is an enabler for the effective establishment of RSOOs. • Pragmatically the mandate of an RSOO should be progressively expanded rather than attempting to immediately establish an all encompassing organization covering all Safety related issues. Project title (Insert, Header & Footer)

Africa Case: Guidelines • Safety oversight-related functions of member States may be delegated to an RSOO within the scope of the RSOO which may initially cover flight safety matters. The scope of an RSOO will then be gradually expanded based on the changing needs of its member States to include other areas of oversight such as Aerodromes, ANSPs, Safety Management and promotional activities with due consideration to availability of required resources. • Clear separation must be maintained between Safety Oversight and Accident Investigation responsibilities in structuring RSOOs. However, in the spirit of regional cooperation, States may wish to establish independent Accident Investigation Agencies. • The Regulatory and oversight functions of an RSOO should be independent from the functions of a Regional service provider where both are established by the member States. Project title (Insert, Header & Footer)

Africa Case: Guidelines • RSOOs should have clear sources of funding which could be from one or a combination of the following aviation sources: • Passenger safety charges • Air navigation and airport charges • Contributions from member States • A start-up RSOO should be provided with ‘take off’ seed funds and other resources by its member States. • While the RSOO may wish to seek grants from donor States and other organizations, this should not be the principal source of funding for the RSOO. • AFCAC should lead efforts to achieve harmonization of safety regulations in Africa with the aim of eventually using the same set of regulations by all RSOOs and States across Africa and derive the resultant benefits of synergies. Project title (Insert, Header & Footer)

Africa Case: Guidelines • The AFI-CIS should serve as a vehicle to pool resources available from existing and future CIS of RSOOs, COSCAPs as well as resources available within the States. • AFCAC should facilitate cooperation among RSOOs and encourage their progressive integration overtime in order to realize the vision of a single RSOO for Africa. Project title (Insert, Header & Footer)

Establishing and sustaining an RSOO