Document
Jules Kneepkens EASA Rulemaking Director EASA Safety Conference 10 October 2012
Performance Based Regulation
regulator” right, the a by used duty, constrains a or responsibility.
a limits controls limits, Performance Based Regulation or risk allocates creates, creates or “safety A regulation is a legal provision that: Aviation safety regulations can also be referred to as :
Definition of (safety) regulation
10/10/2012 Performance Based Regulation “Value for money” De-regulation New public management The complexity of the aviation system New demand on regulators International aviation safety standards • • • Performance based rules – how did we get there?
10/10/2012 fully based performance based Process /system hybrid based/perf. based) (prescriptive/process Performance Based Regulation mainly prescriptive only prescriptive The regulatory spectrum 10/10/2012 approved Technical standards organisations individuals or to requirements & either applicable to approval rights and obligations of Organisation and processes, requirements service providers required to hold an addressing systems Performance Based Regulation of rights and Authority competent authorities obligations requirements and processes, addressing systems In the EASA system, regulations can be divided into three broad categories: 10/10/2012 the play in Means to AMC rules and flexibility aspects requirements.
CS Acceptable the or in the Union sufficient (CS) nature, elements implementation European providing the safety binding in (AMC) Performance Based Regulation ‐ of Specifications essential role approach: non ‐ Law” Law” non essential their “Hard “Soft Compliance Agency's Place Leave Certification of important Hard law / Soft law The • • Despite an implementation 10/10/2012 performance and prescriptive causes of resilience Performance Assessment, insight Multiple, random risk Performance-based Performance Based Regulation combination a Compliance obsolescence Prescriptive practice, Prescriptive vs. performance-based Audits & inspections Common cause risks In based regulatory elements are present at different degrees in almost all EASA rules.
10/10/2012 level of risk the appropriate Determination of regulator the for Predictions entities both measuring performance: regulated costs” Actual Performance Based Regulation Measurement and Multiple ways for “information
Measuring performance
Qualitative Interpretation 10/10/2012 of and for accepting for means define of to from : authorities applied to variety a actions being methods compliance & of using provided performance of Performance Based Regulation means safety “standards” approach enforcement discretion possibility the compliance, different alternative different measure more applying Equity and Fairness in performance schemes Stakeholder concerns may arise • • • • 10/10/2012 the considering achieve / needed, risks is persons) systems : safety of regulated mitigate Performance Based Regulation terms management and (to in management transparency fairness (cost/benefit) of offs ‐ and and objectives), change regulators When Implementing Performance schemes trade Efficiency Effectiveness safety Equity Clarity Maturity (of • • • • • Proper all 10/10/2012