Rom for bransjestandard? (Need for an industrial standard?) About regulatory authority, HOFO, industrial standards and safety Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Background EASA in the process of introducing new regulations for off shore helicopter operations (HOFO) Residing marked Pressure on cost reduction Increased competition Safety implications? Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

The EASA (HOFO) regulation Commission Regulation (EU) No 965/2012 Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

The EASA rulemaking process The Terms of Reference (ToR) Regulatory Impact Assessment (RIA) Rule making Task (RMT) NPA Notice of Proposed Amendment CRD EASA Comment-Response Document Opinion and draft Commission Regulation From EASA to the EU Commission for decision Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

EASA Notice of Proposed Amendment (NPA) 2013-10 Summary of the regulatory issues The safety risks may increase due to uneven implementation of Commission Regulation (EU) 965/2012 Leading to an uneven playing field in relation to helicopter operations to offshore destinations. The following items need to be considered to ensure a safe level playing field with proportionate common European requirements: Common definitions for offshore operations, offshore location, and hostile environment; Helideck landing and take-off PC-2 procedures; and Harmonised requirements and means of oversight (specific approval). Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Main risk factors (listed in NPA) Single-load-path structure design Failure of components or systems due to fatigue risk Hostile environment Insufficient authority oversight Lack of contact with helicopters as they are outside radar Insufficient human operational performance Improper use of automatic flight control systems by crew Insufficient/lack of procedures for offshore approaches Insufficient offshore related training Mid air collision Controlled flight into the sea Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Draft Commission Regulation 965/2012 SPA.HOFO.105 Approval for helicopter offshore operations (a) Prior to engaging in operations under this Subpart, a specific approval by the competent authority shall have been issued to the operator. (b) To obtain such approval, the operator shall submit an application to the competent authority as specified in SPA.GEN.105, and shall demonstrate compliance with the requirements of this Subpart. (c) The operator shall, prior to performing operations from a Member State other than the Member State that issued the approval under (a), inform the competent authorities in both Member States of the intended operation. Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

The next steps in the legislative procedure Opinion 4/2015 contains proposed changes to European Union regulations It is addressed to the European Commission, which uses it as a technical basis in order to prepare a legislative proposal Commission vote scheduled for October 2015 The Decision containing the related Acceptable Means of Compliance (AMC) and Guidance Material (GM) will be published by the Agency Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

The future? 7 Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Implications on safety? Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Regulatory implications? Regulatory bodies Formal: EASA Norwegian Civil Aviation Authorities Petroleum Safety Authority Norway Commercial: Norsk Olje og Gass (Guidelines 066) Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Current situation Solakonferansen 22.09.2015 Manuals/handbooks Operators oil companies requirements) (NoG, OGP, Standards Regulatory bodies EASA, CAAN, Ptil Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Scenario A (given a HOFO implementation) CAAN will only be informed of operation NoG 066 Guidelines will be the operating standard NoG will in practise be the regulatory body, not the CAAN Regulatory oversight will be by the state giving the SPA Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

- Oversight SPA Member State Scenario A manuals Operators (NoG, OGP) Standards - Oversight SPA Member State - Regulatory body EASA Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Scenario B (given a HOFO implementation) CAAN informed of operation Petroleum Safety Authority Norway (Ptil) may inflict requirements inside the 500 meter safety zone Outside 500 meter zone, HOFO NoG 066 Guidelines will be the operating standard Ptil and NoG will in practise be the regulatory bodies, not the CAAN Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

Regulatory body Ptil, EASA and Member State giving SPA Scenario B manuals Operators (NoG, OGP) Standards Regulatory body Ptil, EASA and Member State giving SPA Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Scenario C Norwegian Continental Shelf (still) exempt from EU regulation, will yield no change. Status Regulation(EC) 1008/2008 (on common rules for the operation of air services in the Community)? EEA Court of Justice ruling regarding the continued exemption of the Norwegian Continental Shelf In case of NCS exemption the CAAN will continue to be the regulatory body Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

REGULATORY ISSUES (RISKS) Commercial actors (NoG and oil companies) becoming, in practise, the regulatory body Shared regulatory responsibility between Ptil and NoG Unclear roles and responsibilities in regulating off-shore operations Unclear role for CAAN in relation to offshore operations Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

REGULATORY ISSUES (RISKS) Approving Member State not familiar with North Sea off shore operations Insufficient basis for granting approval Approved helicopter operator not sufficiently skilled or equipped? Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

OTHER RISK FACTORS CAAN “sidelined”? Introducing “low cost” helicopter operators Cost reduction focus in oil companies, may lead to a reduction in standards Oil companies with own helicopter operations (EU AOC, non commercial, hence not under subpart K) Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

Mitigating factors NoG standard can still be enforced through contractual requirements Ptil can enforce requirements in 500m zone (in cooperation with CAAN) Samarbeidsforum for helikoptersikkerhet på norsk kontinentalsokkel can still be operational and influential Still an open issue regarding EU Regulation 1008/2008 regarding an exemption for the Norwegian continental shelf Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

What about the CAAN? CR 965/2012 ARO.GEN 300 (d) Without prejudice to the competences of the Member States and to their obligations as set out in ARO.RAMP, the scope of the oversight of activities performed in the territory of a Member State by persons or organisations established or residing in another Member State shall be determined on the basis of the safety priorities, as well as of past oversight activities. Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

What about the CAAN? CR 965/2012 ARO.GEN 300 (d) Where the activity of a person or organisation involves more than one Member State or the Agency, the competent authority responsible for the oversight under (a) may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where the activity takes place or by the Agency. Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Given the proposed version of CR 965/2012 EASA CR 965/2012 Annex IV, SPA Subpart k Norwegian Oil and Gas recommended guidelines for flights to off shore installations OGP - Air transportation - Recommended practices for contracted air operations Oil companies – different internal requirements Helicopter operators manuals and handbooks Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

Enhancing safety Solakonferansen 22.09.2015 Available technology Regulatory opening HSS (I, II, III) Norwegian Offshore Safety Board Samarbeidsforum NoG requirements #066 Contractual requirements Operator Implementation Monitoring by the Common Audit Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

GOING FORWARD Norwegian offshore safety board NoG standards The safety studies The Common audit Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety

An analogy – working with issues on risk and safety Øivind Solberg, PhD Solberg Risk & Safety Solakonferansen 22.09.2015

Thank you Solakonferansen 22.09.2015 Øivind Solberg, PhD Solberg Risk & Safety