1. 1 Potential challenges to SMS implementation Legal and Cultural Issues in Safety Reporting Radu CIOPONEA Performance Review Unit, EUROCONTROL 5 - 7 April 2006, Baku, Azerbaijan European Organisation for the Safety of Air Navigation

2. 2 Challenges Legal Protection from judiciary Confidentiality assurance Cultural No-blame culture; Openness in reporting; Acceptance of mistakes; Communication and trust. You start with a bag full of luck and an empty bag of experience. The trick is to fill the bag of experience before you empty the bag of luck.

3. 3 The legal challenge Impediments/threats can exist in national legislation: Penal law; Labour law; Civil law. Judiciary is NOT the enemy but a partner; Get a good lawyer and work together! Apart a few difficult cases, legislation is a poor justification for do-nothing.

4. 4 Legislation / Regulation International legislation and regulations must be implemented in full; Copy and paste not enough, local adaptations and enforcement needed; Respect the letter AND the spirit;

5. 5 European and national acts Annex 13 fully implemented in your State? Directive 94/56/EC transposed in all EU States by now; However, varied effectiveness of investigative bodies; Legislation supportive in your State? Directive 2003/42/EC not yet transposed in some States; However, some impediments still remain; ESARR2 not implemented in full by many States.

6. 6 ESARR2 reports How many States report good data?

7. 7 Incident reports (15 States) Learn from the mistakes of others. You will not live long enough to make all of them yourself.

8. 8 Media and public BD-700 Global Express (by Bombardier’s Canadair Division) One press article : Fast bomber aircraft with global range.

9. 9 Media and public Confidentiality of information is crucial; However, secrecy is a different thing; Media will mostly demand (and get!) information in difficult moments; By and large, the data obtained will be misinterpreted and/or misused; To avoid this: permanent, targeted education, communication campaigns

10. 10 Case study Study on the three collisions in Europe: Paris CDG 2000; Milan Linate in 2001; Überlingen in 2002. System breakdowns at NATS added; A balanced sample of newspapers from the five countries involved: France, Italy, Switzerland, Germany and the UK.

11. 11 Structuralist vs human

12. 12 Representation of ATC

13. 13 European initiatives

14. 14 Safety culture Awareness is relatively high in Europe; Alas, much remains at intention or statement level; Still a rift between management and ATCOs; Building and maintaining trust is vital ; For this, communication is key ; Try to meet the other party half-way.

15. 15 Supporting the safety culture Several actions can strengthen safety culture: Training - very important but often sacrificed in cost-cutting measures; Permanent reality checks: is it still working? Management involvement; Communication – permanent, diversified; All employees should feel confident to speak up. ACTION!

16. 16 Just culture Apparently, ATM needs a “just culture” This is WRONG! A “just culture” for ATM will not help much; AVIATION greatly needs a just culture! Reaching critical mass will be much easier through a wide civil aviation partnership; See Danish example.

17. 17 Best practice Europe has best practice examples: Portugal; United Kingdom; Denmark; France; Rhodes airport. Size does not matter; National culture does not matter.

18. 18 Where we are today Maturity of Formal Safety Framework in ECAC: REGs 70% Target

19. 19 70% Target Where are we today Maturity of Formal Safety Framework in ECAC: ANSPs

20. 20 70% Target Where we need to be Maturity of Formal Safety Framework in ECAC: ANSPs

21. 21 ? Questions? Thank you!