THIRTY-FIRST TRIENNIAL SESSION OF ECAC (Strasbourg, 7-8 July 2009) REPORT. Agenda item 1 Opening of the Thirty-first Plenary Session

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1 EUROPEAN CIVIL AVIATION CONFERENCE ECAC/31-SD 02/09/2009 THIRTY-FIRST TRIENNIAL SESSION OF ECAC (Strasbourg, 7-8 July 2009) REPORT Agenda item 1 Opening of the Thirty-first Plenary Session 1. The 31 st Plenary Session of ECAC was convened by its President, Mr Luis A. Fonseca de Almeida in the Council of Europe in Strasbourg at 10:00 hours on Thursday 7 July 2009 in the presence of Mr Roberto Kobeh, President of the ICAO Council. The ECAC President welcomed in particular colleagues from ACAC and LACAC, from individual Contracting States of ICAO and from the large number of industry representative organizations present. 2. The ICAO President then addressed the Opening Session, outlining the perspective of ICAO in addressing today s pressing aviation challenges. The full text of his remarks is at Appendix Thirty-eight of ECAC Member States were represented at the Session and the full attendance list can be found in Appendix Mr Patrick Breen (Ireland, Group of the European People s Party), who had recently been appointed rapporteur for a report to be prepared for the Parliamentary Assembly of the Council of Europe on The European Civil Aviation industry confronted with the global financial and economic crisis addressed the Session. 5. ECAC s partner organisations and States addresses to the Session are reproduced in Appendix The Secretary of the Session was Mr G.W. Lumsden, Executive Secretary of ECAC, assisted by Ms. Patricia Reverdy, Deputy Executive Secretary of ECAC Mr Peter Kirk, Deputy Executive Secretary of ECAC, Ms. A. Kupka, Press Officer, Ms. G. Caw, Mrs. A. Alexis and Mrs. M. Inizan. Agenda item 2 Adoption of the agenda 7. The Session adopted without amendment the agenda set out in WP/1. All items were dealt with in Plenary Session. Agenda item 3 Adoption of a revised Resolution on Facilitation 8. Mr Kurt Lykstoft Larsen (DGCA Denmark), as Focal point for Facilitation Matters, introduced WP/2. (51 pages)

2 ECAC/31-SD Mr Larsen reminded colleagues that the meeting of Directors General in May had adopted a revision of ECAC Doc.30 Part I. The objective of the revision had been to ensure that Doc.30 comprised a comprehensive and unified reference document, harmonized with international and European requirements. The May meeting had also given preliminary approval to amendments to the existing Resolution on facilitation, which represented ECAC s Policy Statement in this field. WP/2 invited Directors General to adopt formally these amendments, in line with the procedure defined in Article 5 of the ECAC Constitution. The intention was to issue by October 2009 a new edition of Doc.30 Part I, under this revised Policy Statement. 10. The amendments to the Resolution proposed in the Annex to WP/2 were formally adopted by the Session. 11. The Executive Secretary introduced WP/6. This presented a proposal for amending the Annex to the ECAC Constitution in order to reflect the new status of the JAA Training Organisation as an Associated Body of ECAC. The amended Annex would then be incorporated in the next edition of ECAC.CEAC Doc.20, which contained the ECAC Constitution and Rules of Procedure. 12. The amendment to the Annex to the ECAC Constitution proposed in WP/6 was formally adopted by the Session. Agenda item 4 Focal Point Reports 13. The Chairman invited the ECAC Focal Points to give presentations on the work done during the current Triennium under their responsibility. The slides used in these presentations are available on the ECAC web site. Environment 14. Mr Patrick Gandil (DGCA France) described the work undertaken in the environmental field. Having become Focal Point late in 2008, he acknowledged the work of his two predecessors, David McMillan and Raymond Cron, before noting that the Triennium had seen a very great deal of activity in Europe in relation to aviation and the environment. 15. During the first year of the Triennium, ECAC had worked closely with the European Union to prepare and then present at the 36 th ICAO Assembly an unanimous European position on the handling of aviation s global emissions. Europe had however been unable to bring other parts of the world to its view that the carbon market was the most effective way to respond to climate change, and had been obliged to register a reservation to the Assembly s resolution. 16. Europe had nonetheless welcomed the decision to establish the Group on International Aviation and Climate Change (GIACC), and had through its GIACC members made a substantial policy input to the Group s deliberations. Europe would have liked a more radical and ambitious Plan of Action than that eventually adopted by the ICAO Council, but considered that it could provide a good foundation for further work to ensure that aviation s international emissions are addressed in a properly robust and effective fashion. Mr Gandil considered it

3 - 3 - ECAC/31-SD extremely important that ICAO took a positive message to the meeting of the United Nations Framework Convention on Climate Change, in Copenhagen in December, and that it maintained its leadership in this critical area by providing a clear framework for action. 17. Mr Gandil noted that through its working group on the Abatement of Nuisances Caused by Air Transport (ANCAT), ECAC had monitored the passage of legislation bringing international aviation within the scope of the wider EU Emissions Trading Scheme (ETS), giving information and advice to Directors General, and providing an avenue for the communication to the European Commission of the views of ECAC s non-eu States. The ECAC/EU conference at the end of October 2008 in Geneva, and the Bordeaux summit which had followed in November, had been important in providing an opportunity for detailed discussion on European global strategy on aviation and the environment, including ETS. 18. ECAC had also been very closely engaged on many other aspects of aviation s environmental impact. Through ANCAT and its subgroups, ECAC had supported the delivery of a coordinated European input to a wide range of work in ICAO s Committee on Aviation Environmental Protection. It had also monitored work by the European Commission on possible measures to address NOx emissions, while maintaining a positive dialogue with EASA on issues arising from that Agency s noise and emissions certification activities. A major multilateral workshop on aviation emissions had been organized in Brussels in 2008, jointly with the European Commission. ANCAT was presently developing proposals for indicators relating to fuel burn, emissions and noise, and exploring the relationship between noise and emissions pollution. 19. Mr Gandil emphasized that ECAC had conducted significant work and coordinated its activities carefully with the European Commission, as well as working closely with agencies such as EUROCONTROL and EASA. It had also involved the industry, and had recently endorsed ACI/Europe s Airport Carbon Accreditation scheme, as a significant industry initiative deserving encouragement. 20. ECAC had also begun during the present Triennium to develop working relationships in the environmental field with its sister organizations, building on Memoranda of Understanding signed in past years. It now had detailed environmental work programmes in place with its Arab and Latin American equivalents, and looked forward to the joint events and mutual learning for which these provided. Mr Gandil hoped to be able to participate personally in an aviation environmental conference due to take place in Doha later in the year. 21. The environment had also been on the agendas of ECAC s sixmonthly meetings with the US Federal Aviation Administration. At the latest such meeting, in February 2009, Mr Gandil had briefed on Europe s balanced approach to tackling aviation s environmental impacts, and the two sides had shared their perceptions of the GIACC process. 22. Concluding, Mr Gandil noted that over the last several months, ECAC s environmental work was in the context of a very challenging economic

4 ECAC/31-SD climate for the aviation sector, which however had not shaken the belief that tackling the environmental issues and climate change effects was of paramount importance. Nor had the issue of climate change prevented ECAC from continuing to work on noise issues, and other types of impact. Reducing emissions while allowing noise to increase would be unacceptable. The wide recognition of the need to face and deal with the environmental question boded well for ECAC s future work. Governments and industry alike must remain fully focused on ensuring that aviation in Europe could respond to society s reasonable expectations, while at the same time remaining the efficient and globally competitive industry which it was today. Safety 23. The President said that following a recent change in the responsibilities of Captain Manera, ECAC was temporarily without a Safety Focal Point. He would therefore deliver himself the report on safety activities. 24. This had above all been a Triennium of change. Much work had been done to ensure the smooth transition of important safety responsibilities, notably those exercised previously by the Joint Aviation Authorities, and now by the European Community and by EASA. This work had taken final shape in the FUJA 1 and FUJA 2 Reports, and in their subsequent implementation. Mr de Almeida observed that the task of ensuring a fully pan-european approach to safety in the European region had now passed to EASA, where he was sure that responsibility would be discharged with no less professionalism and success. 25. An important objective of the Triennium had been to contribute to the follow up to the 2006 ICAO conference on a Global Strategy for Aviation Safety, and as part of that both to strengthen ECAC s cooperation with ICAO in the field of safety audits, and identify work where there was potential benefit in the sharing of European experience and know-how. Those activities were important, and would continue. 26. Mr de Almeida noted the Safety Oversight Comparative Analysis Study, as important project presently under way, due to be completed by the end of the year. The study aimed to provide national authorities with a benchmark for how safety oversight was typically organised and resourced in Europe, through an analysis of resource-to-workload ratios for the safety certification and surveillance activities of all ECAC States. 27. There had been valuable cooperation and experience-sharing in the safety field under ECAC s memoranda of understanding with its sister bodies, and with bilateral partners. Under arrangements agreed with the JAA Training Organisation, many free places had been taken up by the staff of ECAC s sister organizations on JAA safety courses. 28. The MOU between ECAC and the Arab Civil Aviation Commission, which included provision for work together on safety matters, had been elaborated in more detail in the Joint Work Programme agreed in December The draft programmes prepared by ECAC with the Latin American Civil Aviation Commission, and with the African Civil Aviation Commission, had established scope for similar cooperation with those important partners too.

5 - 5 - ECAC/31-SD 29. Mr de Almeida noted that ECAC s co-operative work on safety with individual partners outside Europe was probably most advanced at present under its excellent relationship with the Singapore aviation authorities. He was pleased that both the new Director General for Civil Aviation in Singapore, Mr O H Yap, and the Singapore Council Member in ICAO, Mr K Pin Bong had been able to attend the Triennium Session, and he noted the close links which existed between the JAA Training Organisation and the Singapore Aviation Academy. Mr de Almeida expressed the pleasure and honour he felt in being a member of the Academy s International Advisory Council. 30. Mr de Almeida observed that possibilities for similar co-operation in the field of safety with the Republic of Korea would exist following the signing later that day of an MOU with its Ministry of Land, Transport and Maritime Affairs. ECAC had for many years held regular consultations on safety issues with the US FAA, a cooperative dialogue which both sides valued. The next round of such talks would take place in Washington in October. 31. Mr de Almeida noted that another very important element of ECAC s work on safety issues was that on accident and incident investigation, led by Mr Paul-Louis Arslanian, the much-respected head of the French BEA. DGCAS were meeting in the wake of recent aircraft accidents which had taken a tragic toll of life, underlining the importance of ECAC s work on aviation safety, including on accident and incident investigation. 32. The ECAC Expert Group had done much excellent work over the last three years. A notable example sadly, a very topical one had been the previous month s workshop in Dubrovnik on the challenges inherent in locating and then recovering aircraft and Flight Data Recorders lost at sea. This had included an ambitious and imaginative practical component, delivered with excellent support from the Croatian Navy, the French BEA and the UK Air Accidents Investigation Branch. Members of the Group had spent a day at sea searching for and successfully recovering material positioned there in advance, using all the techniques and equipment which would be deployed in the case of a real life operation. The event had showed ECAC to be at the forefront in the sharing of experience in this key area of aviation capability. 33. Much good work on accident investigation had also been done with ECAC s partners outside Europe, notably the organisation in August 2008 of an ECAC/ASEAN Dialogue in Singapore. Places on the JAA Training Organisation s courses on accident investigation, which ECAC was able to make available without charge, were popular with the staff of its sister organizations, and the recent underwater recovery workshop had included participants from the United States, Hong Kong, Singapore and Tunisia. 34. Mr de Almeida also highlighted the Expert Group s coordination of Europe s input to ICAO s AIG 2008 Conference. Through careful preparation, the submission of working papers, and excellent day-to-day coordination during the conference itself, Europe had been able to secure some very satisfactory results at AIG 2008, including agreement that various investigative tools and products developed by Europe should be adopted or endorsed for wider use by ICAO, or used as the basis of corresponding ICAO-level initiatives. A number of important

6 ECAC/31-SD issues had been identified for further study, and the ECAC Experts group had already put in hand work on these at the European level, to ensure that ECAC could continue to have an effective and influential voice in these important deliberations at ICAO. 35. Concluding, Mr de Almeida remarked that ECAC s draft Work Programme on Safety Matters for the coming Triennium was again ambitious. ECAC would remain an important European actor in the field, and the new Focal Point, once appointed, could be sure of taking up a busy and challenging portfolio. 36. Picking up the ECAC President s references to recent aviation accidents, Mr Daniel Calleja (European Commission) noted that much work had been done in recent years within the European Union to achieve the highest standards of aviation safety. EASA was building on the successful cooperation with ECAC and the JAA, including on the SAFA programme. The second half of 2009 would see a proposal brought forward for revised legislation on accident investigation, which would reflect the just culture concept. European aviation safety regulation must be developed in a global context, as reflected in the mutual recognition agreements being sought with third countries. Such an agreement was already in place with Canada, it was hoped that one with the USA would be possible, and discussions were just now beginning with Brazil. 37. Mr Calleja considered it very important that Europe took firm proposals to the 2010 ICAO High Level Conference on Safety, and then to the ICAO Assembly. The Vice-President of the European Commission Mr Tajani intended, after discussions had taken place with EU Member States, to propose a global initiative aimed at securing for ICAO a stronger role in relation to the achievement of high safety standards worldwide. Facilitation and Security 38. The Focal Point, Mr Kurt Lykstoft Larsen (DGCA Denmark) described the work undertaken in the facilitation and security fields in the Triennium. 39. Mr Larsen observed that in the past, facilitation had not been given the importance it deserved, and within the framework of the work programme he had initiated several activities to remedy this situation. For example: o the provisions of Doc 30, Part I on Facilitation had been totally revised to incorporate new regulatory developments at both EU and ICAO Annex 9 levels, and also to reflect developments in industry practices. This ensured that all our Member States had an unique and up-to-date reference document. The new edition, including a full revision of all Annexes to Doc 30, Part I, would be issued in the coming months; o activities such as workshops had been organised to foster the understanding of the different provisions of Doc 30, in particular in the field of the transport of Persons with Reduced Mobility;

7 - 7 - ECAC/31-SD o o o o ECAC s contacts with third States in particular with the United States, had been strengthened and its contributions to ICAO Facilitation activities were significant; the frequency of meetings of the three FAL sub-groups immigration, cargo, and Persons with Reduced Mobility had been increased to respond to a higher workload; on immigration issues, an online survey now gave an overview of on-going biometric initiatives. Best practices on API and CMCs had also been developed and shared with all our Member States; and in the field of Customs regulations that applied to cargo, provisions on the Authorised Economic Operator had been included in Doc 30, and there was careful monitoring of e@freight initiatives which would shape the processing of cargo in coming years. 40. Mr Larsen noted that Persons with Reduced Mobility and disabled passengers represented a key issue in the field of facilitation. With an ageing population, the number of PRMs that travelled by air was increasing. ECAC had developed a significant number of best practices for the handling of PRMs, to ensure that they receive a proper service at European airports and from air carriers. ECAC was now working on the development of training requirements to ensure that all persons handling PRMS were properly trained. 41. The entry into force of the US Air Carrier Access Act last May had caused some concern in Europe, as a n umber of its requirements conflicted with European rules on PRMs. ECAC had established a good working relationship with the US authorities, in order to discuss pragmatic solutions which would enable Europe s air carriers and airports to deliver good quality service to PRMs. 42. Meetings had also been organised between facilitation and security experts to discuss issues of common interest, such as freight, and to promote a better understanding of each other s needs. 43. In the coming three years ECAC would continue its efforts to harmonise the implementation of measures within the region, in particular by developing best practices and keeping Doc 30 up to date with international and industry developments. One of the new projects it would be developing was the establishment of a mechanism that would evaluate the quality of services provided to PRMS, something it was hoped could be done in close cooperation with the industry. 44. Mr Larsen then turned to aviation security, which represented one of the main areas of activity for ECAC and one in which it had demonstrated a high degree of expertise and professionalism. Aviation security measures were often a reaction to tragic events. 9/11 had changed the approach to security, with new measures adopted and a new regulatory framework emerging in Europe. Shortly after ECAC s last Triennial Session, the events of August 2006 in the UK had made necessary a new focus on the threat from liquid explosives. These events had led to the immediate adoption of measures in Europe, in full cooperation with the United States. The ban on liquids carried in containers of

8 ECAC/31-SD more 100ml capacity, and the use of the now familiar plastic bags, and had had a significant impact on operations at Europe s airports. Addressing this threat at European level only had moreover been considered insufficient, leading to much effort being made to convince international partners and ICAO of the need to introduce similar measures. This effort had been reasonably successful. 45. ECAC was now discussing the transition to a new regime to address the threat from liquid explosives, to be based on screening rather than restricting liquids. But this represented a new challenge in itself, not only from a technical but also from an operational point of view. ECAC was strongly supporting EC efforts in this field. The Technical Task Force was currently finalising technical specifications for equipment capable of screening liquids, together with a common testing methodology. Mr Larsen took the opportunity to acknowledge the considerable work achieved by the Technical Task Force. 46. There were a limited number of test centres in Europe capable of running tests with liquid explosives, owing to the obvious health and safety hazards. The costs of the pilot testing of such equipment were enormous: more than euros. In the absence of EC funding, these costs were being borne by just four States: France, Germany, United Kingdom and the Netherlands. The impact of the deployment of new screening equipment at Europe s airports would be very great, in terms of costs, operations and facilitation. 47. Technology played an increasing role in aviation security. The efficiency of security systems relied greatly on the detection capability of the equipment. Over recent years the ECAC Technical Task Force had played a key role in defining technical specifications for the different types of security equipment, as well as common testing methodologies needed in order to verify whether equipment met these specifications. 48. After several years of development, ECAC had been successful in developing and establishing a Common Evaluation Process for security equipment. By putting resources together, a system had been established to test equipment performance against a common testing methodology. This would not have been possible without the inputs from France, the Netherlands, Germany and the UK. The first tests had been completed for Explosive Detection Systems, and tests of other EDS will be conducted before the end of 2009, with test results communicated to those States which had signed the related Administrative Arrangements. This had represented a major achievement, and one which also helped States that did not have their own testing capability. It had been warmly welcomed by the manufacturing industry. 49. Mr Larsen observed that over recent years ECAC had continued the implementation of its security audits by focusing on follow-up audits, which aimed to assess whether deficiencies had been rectified. When looking at the statistical data on audit results it was satisfying to see an overall improvement of the security level, but non-compliance with some key European security requirements was apparent at a majority of the airports audited in 2007 and The measures in question were those relating to passenger screening and access control to the security restricted areas of airports.

9 - 9 - ECAC/31-SD 50. This reality made ECAC s assistance activities even more important, Mr Larsen said. Much work had been done over the Triennium to satisfy the requests for assistance which had been received, and by the end of 2009 ECAC would have organised ten multilateral workshops and forty-five targeted assistance activities for the benefit of its Member States. 51. The present Triennium had seen the evolution of the programme, which now included two new elements: the organisation of security surveys for new airport facilities, and vulnerability assessments which looked at airports from a threat/risk perspective. 52. ECAC had also been very active in promoting cooperation with other regions and international partners. Experience-sharing and the exchanging of best practices had been undertaken under ECAC s memoranda of understanding with its sister bodies, and with bilateral partners. Mr Larsen offered two examples: o for the Asia-Pacific region, ECAC had organised jointly with Singapore - an aviation security Forum every second year; and o ECAC had agreed with ACAC a series of specific activities for the next three years, including cross-participation in different training events and conferences, and in June 2008 had organised a first ACAC/ECAC security Forum, in Morocco. It was intended that such activities would continue in the next Triennium. 53. The draft work programme on security for the coming Triennium was considered by Mr Larsen to be quite ambitious. Not only would ECAC continue with existing activities such as audits and assistance, but new work streams had been added, to look at the possible evolution of security systems. The different Task Forces would continue developing technical specifications for security equipment and best practices. ECAC would intensify its assistance activities, while also looking at the future. It would for example consider new screening methods and procedures, such as the use of unpredictability, and the better and smoother integration of security in airport operations. It would take a more pro-active approach, by promoting a threat-based approach to aviation security, by addressing emerging threats such as cyber threats, and by promoting the use of risk management. Integration 54. Mr Thilo Schmidt (DGCA Germany) described the work undertaken in the field of integration in the Triennium. 55. Mr Schmidt observed that Integration was an horizontal issue, covering all three of ECAC s strategic priorities: safety, security and environmental matters. For each of these, activities were organised to facilitate and support the implementation of measures by ECAC s newer Member States. 56. Since the last Triennial Session in 2006, two States had joined ECAC, San Marino and Montenegro, both in June Romania and Bulgaria had become members of the European Union in January 2007, and three other

10 ECAC/31-SD States (Croatia, Turkey and the Former Yugoslav Republic of Macedonia) were official candidates. As a consequence, thirty of ECAC s Member States were now also members or associated members of the European Union. 57. In the technical field, agencies such as EASA and EUROCONTROL had continued to provide support to States in their respective fields of expertise. The Working Arrangements now being signed to associate ex-jaa Members closely with the work of EASA should ensure that care would be taken of the interests of non-eu States. 58. Three main categories of activities had been organised by ECAC under the umbrella of integration : o o o training courses, mainly in the field of safety. Over the last three years, including 2009, hundreds of free seats had been made available by the JAA-TO to enable national representatives to attend different training courses; multilateral workshops on accident investigations, environment matters, facilitation and security. From 2007 to 2009, 16 such workshops had been organised for more than 600 participants; and targeted assistance activities. These had been organised in the field of aviation security, and more than half of ECAC s Member States had benefited from such activities tailored directly to their specific needs. 59. In 2007 ECAC had initiated an internship programme, under which an expert from one of its Member States joined the ECAC Secretariat for several months. Until today this programme has been limited to security, and a security expert from Ukraine was presently working with the Secretariat in this area. But in future an expert in another field of aviation could also benefit from this possibility. 60. Integration activities made better sense if they were based on real needs as expressed by Member States. Coordination was therefore essential. This was the reason Mr Schmidt had organised a third Integration meeting, in Berlin, in January This had enabled the identification of some specific needs, and the tailoring of activities to the requests made. Another outcomes of the Berlin meeting had been identification of the need for ECAC, EASA and EUROCONTROL to coordinate their efforts, and to develop a more holistic approach to integration activities. 61. A further aspect of ECAC s integration activities was the Presidential visits. These provided a good opportunity for a constructive dialogue at a political level between the President of ECAC and high-level officials of the State being visited. Several visits had taken place in the last two years of the current Triennium, and it was likely that others would be organised in the future. 62. All of these integration activities relied on the support of ECAC s Member States, and its observer States and organisations. Without their contributions and active participation, these activities would not be possible.

11 ECAC/31-SD Until the end of 2008, some of these activities had also enjoyed financial support from the EC TAIEX mechanism, since discontinued. 63. Mr Schmidt noted that integration had been on ECAC s agenda for many years, and that some considerable success in integrating its new States could be pointed to. But integration should be much more than that. The differences between old and new ECAC States were much less significant than some years ago. What remained was the need for support in the implementation of measures, and integration should therefore now be understood more as a capacity building activity. 64. Mr Schmidt suggested that priority should be given to the implementation of measures in all areas of air transport. Activities should: o o o respond to the needs expressed, and also prepare States for the implementation of future measures; support Member States efforts, especially where a State s own resources were limited; and ensure that measures were sustainable and took account of local conditions. 65. Integration should also have an external dimension, said Mr Schmidt. It was important for all European States that both flights coming into Europe and airports to and from which European air carriers and passengers flew fully met international standards. Promoting a better understanding of European requirements was therefore important, as was understanding what other regions did and what their priorities were, for example in the field of environment. ECAC had a role to play in this, complementary to that played by ICAO. It followed that cooperation with ICAO and with ECAC s sister organisations was an important element of ECAC s activities. 66. Mr Schmidt saw the Integration Programme remain a pragmatic, practical and adaptive tool in coming years, able to respond to the needs expressed by ECAC s Member States and evolving to take account of international developments and the changing conditions of air transport. Economics and airports 67. Mr Jonathan Moor (DGCA United Kingdom) described the work undertaken in the economic field. Having become Focal Point on Economic Matters only in May 2009, Mr Moor first acknowledged the work of his predecessors in the position, Manuel Bautista Perez (former DGCA Spain) and in particular Peter Griffiths (former DGCA United Kingdom). 68. Mr Moor noted that there was no aspect of international civil aviation which did not have an economic dimension. Most airlines, and a growing number of airports in the world today, operated as commercial entities, and those airports still run within the public sector generally followed commercial disciplines. Any decisions around new airport or air traffic management capacity were driven by, amongst other things, economic and commercial considerations.

12 ECAC/31-SD But it was equally the case that when the discussion turned to securing the safety of civil aviation, or to civil aviation security, or to how the environmental impacts of aviation could be minimised, a very important element within the considerations of industry and governments alike had to be efficiency, costs, benefits in short, economics. 69. It was part of the role of the ECAC Focal Point for Economic Affairs to help ensure that this economic dimension of aviation policy-making was addressed in the course of the discussions and debates amongst Directors General, and in the work of the many task forces and working groups engaged across the wide range of ECAC s activities. This was especially important at a time when the aviation sector was being hard hit as a consequence of the most serious global downturn seen in generations. Governments had a responsibility not to place needless obstacles in the path of the European aviation sector, as it sought to maintain and improve its position as a world leader. Policy makers and regulators needed to understand the economic consequences for the industry of the decisions they took. 70. Economic matters had been addressed at the joint ECAC/EU conference held in Lisbon in November 2007, focused on airport capacity in the context of the predicted capacity-crunch. Some significant views had been advanced, including that the need for more capacity was unavoidable, if future gridlock and a consequent loss of competitiveness were to be avoided; that the slowness of the planning system in many States was as much of a challenge as the actual financing of the projects; that much depended on being able to identify and make use of the spare capacity in the system; that new technologies and initiatives such as SESAR held much promise, but were not a substitute for new infrastructure; and that while there was a growing environmental dimension to the capacity debate, the twin objectives of continued growth and a healthy environment need not be incompatible. 71. Mr Moor noted that while the present downturn in the industry s fortunes might on the face of it seem to take some of the urgency out of the capacity issue, in reality it did not. The temptation simply to put the issue to one side needed to be resisted. On the contrary, the opportunity needed to be taken to make sure that when the traffic returned, governments and industry alike were ready for the renewed pressures on Europe s airport and air navigation infrastructure, and had thought about the consequences of this, including the future of regulation. 72. Mr Moor noted ECAC s activities in relation to the ICAO conference on the Economics of Airports and Air Navigation Services held in Europe had needed to ensure that ICAO policies on charging for airport and air navigation services developed in ways consistent with the needs of European airlines, but also that those policies remained sufficiently flexible to accommodate Europe s own, relatively sophisticated approach to economic regulation. It had been successful on both scores, and the Conference had seen the orientation of ICAO charging policy moved closer to European practice. The contribution to this made by ECAC Member States had been very substantial, thanks in considerable part to the thorough consultation and coordination undertaken through the ECAC and European Union processes.

13 ECAC/31-SD 73. Mr Moor described the recent establishment of the ECAC Forum as a very significant evolution in ECAC s activities, with potential to bring real benefits for all elements of its work. ECAC was uniquely placed in Europe to provide a forum for the discussion, outside any regulatory context, of key strategic aviation issues of common interest and concern to all of Europe s national administrations. The objective had been to enable Directors General to sit back, put aside their daily preoccupations and to discuss issues from a strategic point of view as experienced professionals, without being somehow held to account for any views they might offer. The first such ECAC Forum, held in Paris in December 2008, had considered in particular the volatility of aviation fuel prices and its potential impact on Europe's air transport industry during a global economic downturn. It had also looked at the continued rise of the low cost airline model, and at the effects of competition from external hubs on Europe's long distance traffic. The discussion had been lively and wideranging, and Directors General had decided to examine further some of the issues addressed, as reflected in the new work streams shown in the draft Work programme for the Triennium (ECAC/31-WP/3). The next ECAC Forum would look at the benefits and challenges of competition compared to regulation. 74. Given the importance of ECAC s work with its sister organisations, it was pleasing that the Joint Work Programme signed in December 2008 by ECAC and the Arab Civil Aviation Commission included provision for exchanges of information on economic matters, and for the possibility of a joint workshop in this area. The draft work programmes prepared in discussion between ECAC and the Latin American Air Transport Commission, and between ECAC and the African Civil Aviation Commission, contained similar provisions, which Mr Moor hoped could also soon be agreed. 75. Concluding, Mr Moor noted that there was a need for a shared and sophisticated understanding of the aviation sector s economic character, if it was to continue to be a driver of the larger economic prosperity within Europe. Joint Aviation Authorities 76. Mr Kim Salonen (DGCA Finland) reported on the activities of the JAA, of whose Board he had been chairman until the closure of the JAA system on 30 June Mr Salonen noted that in September 2006 the JAA Board had adopted proposals for the separating of the JAA into a Liaison Office and a Training Office. The latter had stayed in Hoofddorp, while the Liaison Office had been established in Cologne in February 2007, in the premises of EASA. In September that year Directors General had reactivated the FUJA Working Group in order that a road map for the final phase of the JAA might be drawn up. Mr Salonen had been asked to chair the Working Group, and in March 2008 had presented the Final FUJA II Report. Directors General had accepted the Report s recommendations, including the closure of the JAA system on 30 June 2009, the continuation of the JAA Training Organisation as an Associated Body of ECAC, and the establishment of a liaison function within EASA. 78. With the closure of the JAA system, forty years of a success story of safety in civil aviation had come to a close. Mr Salonen took the opportunity to

14 ECAC/31-SD thank all involved for their support of the JAA, and of himself as chairman of its Board. 79. Mr Peter Muller (DGCA Switzerland) expressed his gratitude to the JAA and its staff on the excellent work done during the recent challenging years, to ensure a common approach to aviation safety in Europe. Although the lights at the JAA might have been turned off, the spirit of the JAA would he hoped be continued by EASA, as it would in the minds of Directors General. 80. Mr Catalin Radu (DGCA Romania) took the opportunity to note that Bulgaria and Poland had now been accepted as members of the ICAO Central Europe Rotation Group, thus enabling it to better promote a common approach in discussions in the ICAO Council. Agenda item 5 Closure of the JAA 81. The President noted that following the adoption of the FUJA II Report, the JAA had been dissolved with effect from 30 June 2009, and the arrangements concerning the development, acceptance and implementation of Joint Aviation Requirements (the Cyprus Arrangements ) had ceased to have force from that date. He invited Mr Kim Salonen, as Chairman of the JAA Board, to present his final report on the activities of the JAA. 82. Mr Salonen said that the JAA had left a lasting heritage to European aviation, and noted that even after its closure the training dimension of its activity would remain, in the shape of the JAA Training Organisation (JAA-TO), which would continue as a Dutch foundation and an ECAC Associated Body, to ensure a wide variety of high quality training courses to fulfil the needs of ECAC Member States and the industry. The JAA-TO foundation board would report to the ECAC Coordinating Committee. 83. Mr Salonen affirmed that the achievements of the JAA would not have been possible without wide support, enthusiasm, dedication and hard work. He expressed his sincere thanks to the past and present JAA staff, chairmen, Board and Committee members, and to all of the experts involved in the JAA work. He thanked in particular Mr André Auer for his excellent work over the last five years as Chief Executive. Under Mr Auer s leadership the JAA had been able to adapt its work and resources to the changes. Mr Auer had also been vital both in assuring the continuation of the pan-european dimension after the closure of the JAA, and to the success of the JAA-TO. 84. Mr Auer said that the goal of ensuring that no JAA staff member would be without income after the JAA s closure had been achieved. The Liaison Function had been established within EASA in the person of Mr Dieter Gaupman, who was now in charge of coordinating all activities in order to help ECAC s non- EASA States become associated with EASA. An arrangement had been signed with ECAC on 20 January 2009 establishing JAA-TO as an Associated Body of ECAC. The JAA foundation statutes had been amended, approved and registered, and the members of the new Foundation Board elected. The Cyprus Arrangements had been dissolved with the help of an ECAC Resolution adopted on a Special Plenary Session in July 2008, and by letters of withdrawal from the

15 ECAC/31-SD Member States. Although four Member States had yet to formally withdraw, this had no practical consequences. It was hoped nonetheless that for the sake of good order, the States in question would send a withdrawal letter to the ECAC Secretariat as soon as possible. 85. Working Arrangements designed to establish a suitable relationship between the ECAC s non-easa States and EASA had been drafted and submitted to the States in question. Monaco and EASA had signed the first set of Working Arrangements on 28 May, and the signature of others would follow under item 6 of the present Session s agenda. All JAA contracts had been cancelled, the JAA had where necessary been de-registered, its files had been transferred to EASA, and its offices handed back. The necessary handover documents had been signed with EASA, and during a Farewell Event on 28 May in Hoofddorp all participants had had the opportunity to say goodbye to the JAA. 86. Mr Auer noted that his final task as Chief Executive would be to ensure that a final report on JAA s financial situation as at 30 June 2009 was prepared and submitted to the new Foundation Board. This work was already under way, and he would deliver this report to the Board at its first meeting, on 8 September Agenda item 6 Ceremony to mark the signature of Working Arrangements between EASA and CAAs of the ECAA partners nonmembers of EASA, in the framework of the closure of the JAA 87. The President noted that following the dissolution of the JAA, relationships need to be established between EASA and the Civil Aviation Authorities of non-members of EASA, in order to ensure a proper pan-european dimension and to facilitate the improvement of civil aviation safety throughout Europe. These relationships would be based on dedicated Working Arrangements signed between EASA and several Civil Aviation Authorities. 88. Patrick Goudou, Executive Director of EASA, noted that with the closure of the JAA system, EASA had taken on board tasks which had previously been in the hands of the JAA. The preparatory work to make this a seamless transition had taken some years, but EASA was committed to continuing the pan-european dimension in order to facilitate the improvement of civil aviation safety throughout Europe. To that end a liaison function had been established within EASA, and together with the European Commission and the civil aviation authorities of ECAC partners, EASA had prepared a series of Working Arrangements, for signature at the present Session. These Arrangements were an essential tool in maintaining the scope for standardisation visits, to be performed by EASA, and to avoid any discontinuity following the JAA closure. 89. Individual Working Arrangements were then signed by Mr Goudou and the Directors General of the following countries: Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Croatia, Georgia, Moldova, Montenegro, San Marino, the Former Yugoslav Republic of Macedonia, and Turkey. 90. Mr Oleksandr Davydov (DGCA Ukraine) congratulated the States concerned on having signed Working Arrangements with EASA. It was the

16 ECAC/31-SD intention of Ukraine to cooperate with EASA in the finalisation of such Arrangements which it could sign itself. Much effort had already been devoted to arriving at a mutually acceptable solution. It was Mr Davydov s hope that further progress could be made at a meeting scheduled for later in the month, and that Working Arrangements between the Ukraine and EASA could be signed as soon as possible. 91. Mr Peter Bombay (European Commission) speaking on behalf of Mr Daniel Calleja expressed the Commission s pleasure at the signing of the Working Arrangements. He said that the European Commission and the Directorate General for Civil Aviation of the Republic of Turkey recognize that military activities are outside the scope of the Working Arrangements, and that they reaffirmed the importance of close cooperation in the field of aviation safety. They were ready to further intensify this cooperation by exploring the possibilities of mutual acceptance of aeronautical products and services and they would both endeavour to work towards an agreement permitting such acceptance. 92. Mr Bombay expressed the hope that in the coming weeks it will prove possible to allow Ukraine to sign up to these Working Arrangements and by doing so close the pan-european aviation safety circle. Mr Haydar Yalcin, (Turkey) responding on behalf of Mr Ariduru said that Turkey had been pleased to sign the Working Arrangements as a small but important legal tool in facilitating Turkey s work with the European Community. He expressed full support for the statement made by Mr Bombay. Agenda item 7 - Intra European air transport in The President said that it was intended under this agenda item to look at the future, and to discuss what the intra-european air transport scene might look like in 2020 and beyond. Some policy decisions would be required in the coming months in order to set a framework for the industry s future growth and development. The sharing of industry and agency perspectives with regulators on how the industry might look a decade from now could help inform those decisions. 94. Presentations were then made by Daniel Calleja (European Commission), Peter Griffiths (IATA), Patrick Goudou, (EASA), Bo Redeborn (on behalf of David McMillan (EUROCONTROL)), Sylviane Lust (IACA), Ulrich Schulte- Strathaus (AEA), Olivier Jankovec (ACI-Europe), John Hanlon (ELFAA) and Mike Ambrose (ERA). Slides used during these presentations are available on the ECAC web site. 95. Summing up the discussion, the President said that industry was clearly and naturally focused on surviving the present very challenging economic environment but that looking ahead, a regulatory framework was needed which promoted the competitive abilities of European airlines while also being flexible to technological developments and to changes in the make up of the industry. There had been an interesting exchange on the shape of future regulation and the need for both a high degree of standardization and room for flexibility at the national level. A clear view had emerged that aviation was one of the key drivers of economic growth and that aviation policy should be regarded as part of wider

17 ECAC/31-SD industry policy rather than something peculiar to itself. It was also felt that in growing the opportunities for Europe s airlines overseas, market opening and regulatory convergence needed to go hand in hand as key principles. On the safety side, global solutions under the ICAO umbrella had been seen as the way forward, something judged to be equally valid of the environmental question and also aviation security. 96. The President noted that there had been a degree of pessimism voiced during the discussion about the ability of today s regulatory policies and tools to meet the challenges which the coming years undoubtedly present. It was the responsibility of all present to prove that this pessimism was unjustified and he himself believed that the ability, imagination and will existed to ensure that the ambitions for European civil aviation would be realized. In the meanwhile, he thanked all who had made a presentation and said that they had provided Directors General with much valuable food for thought. Agenda item 8 - Partnerships with other States and Regions 97. The President noted that ECAC had been extremely active in recent months in the field of external relations and in promoting mutual understanding between different ICAO regions. This cooperation was based in particular on MoUs signed with ECAC s sister regional organisations and with a limited number of contracting States of ICAO. In addition, specific work programmes had been adopted describing activities to be undertaken in a specified period of time. 98. Representatives of ECAC s partner organisations and individual States addressed the Session and the text of their remarks can be found in Appendix The President went on to present his Triennial report, offering an overview of ECAC s activities over the last three years with a particular focus on his own role as Focal Point for External Relations. The full report can be found in Appendix The Session noted the President s report. Agenda item 10 - Election of the President, Vice-Presidents and members of the ECAC Coordinating Committee In accordance with Article 8 of the Constitution, the Session was invited to elect a new President, Vice-Presidents and members of the Coordinating Committee to serve for the next Triennium. The Executive Secretary presented WP/4 and explained that nominations had been received from Mr John Murphy, Director General of Civil Aviation, Ireland, who had sent his apologies for being unable to attend. His nominations having received support from the vast majority of ECAC Member States, the Session was invited to accept them by acclamation. This was done and the appointments thus made are as follows: - ECAC President Luis Fonseca de Almeida, Portugal - ECAC Vice Presidents Kurt Lykstoft Larsen (Denmark), Thilo Schmidt, (Germany) Patrick Gandil,