Interim Report - Introduction - EASA

INTERIM REPORT – OPTIONS FOR CHANGE
EASA.2009.OP.21
self-reporting of de-icing / anti-icing operatives and the analysis and sharing of that data by
their employers.
Regulatory requirements already exist for Safety Data to be collected and analysed,
however, there is no clear impetus to require operators to collect the type of “low-level” data
that is so valuable in reducing risk; furthermore, there is no clarity concerning the collection
of such data from third-party contractors. References to existing relevant regulations and
their limitations are listed below:
− Directive 2003/42/EC Occurrence Reporting – Both Article 4 1(g) and Annex 1 D (iv)
clearly mention and infer, de-icing / anti-icing personnel within the scope of the
Directive (Article 3); the scope of the Directive also clearly includes “unsafe acts”
(Article 2). However, interpretation of this Directive is within the remit of Member
States, and since its publication there has been no amendment to JAR OPS 1.037 or
EU OPS 1.037 providing guidance for authorities in this matter.
− EU OPS 1.037 Accident Prevention and Flight Safety Programme – the emphasis is
on Incident and Accident data, and not on “unsafe acts”, and no reference is made to
contracted organisations.
− EU OPS 1.035 Quality System – omits reference to contracted organisations; this was
once contained in JAA AMC OPS 1.035.
− ICAO Annexes 6 & 14 SMS Requirements – this SARP is extant and it clearly requires
that National Authorities shall require both aerodromes and operators to identify safety
hazards, take remedial action and aim to make improvements to safety performance.
This adequately covers all areas of operation on an aerodrome and also those
connected with continuing airworthiness and flight operations. However, without
guidance from the Authority specifically mentioning de-icing / anti-icing operations, it is
unlikely that additional effort will be invested. In the event, EU OPS was not amended
to accommodate the ICAO SARP, and OPS 1.037 continues as the focus for
operators’ safety programmes.
− Annex Va to the Basic Regulation – Essential Requirements for Aerodromes – is clear
that aerodrome management should: have access to relevant data (B1(a)); take some
responsibility in ensuring risks are mitigated against (B1(e)); and, that relationships are
established with relevant organisations, including service providers, such that the ERs
can be fulfilled (B1(f)). Furthermore, safety data from these organisations collected
through the aerodrome’s occurrence reporting scheme shall be analysed (B2(b)). It is
noted that paragraph B1(f) was identified in A-NPA-2007-11 as a potential mechanism
for the regulation of service providers indirectly through the aerodrome.
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