ICAO Universal Safety Oversight Audit Programme AUDIT SUMMARY REPORT OF THE CIVIL AVIATION ADMINISTRATION OF DENMARK (Copenhagen, 23 September - 1 October 1999) INTERNATIONAL CIVIL AVIATION ORGANIZATION
ICAO UNIVERSAL SAFETY OVERSIGHT AUDIT PROGRAMME Audit Summary Report of the Safety Oversight Audit Mission to Denmark (Copenhagen, 23 September to 1 October 1999) 1. BACKGROUND 1.1 The Civil Aviation Administration of Denmark Statens Luftfartsvaesen (SLV) was audited from 23 September to 1 October 1999 by an ICAO safety oversight audit team in accordance with the Memorandum of Understanding (MOU) agreed on 27 May 1999 between the Kingdom of Denmark and ICAO and included in Attachment A to the audit interim report forwarded to Denmark on 28 October 1999. The audit was carried out pursuant to Assembly Resolution A32-11, with the objective of ascertaining the safety oversight capability of the SLV of Denmark and to ensure that it is in conformity with ICAO Standards and Recommended Practices (SARPs) as contained in Annexes 1, 6 and 8 to the Chicago Convention and related provisions in other Annexes, guidance material, and relevant safety-related practices in general use in the aviation industry as referred to in such material. 1.2 On 30 November 1999, Denmark submitted an action plan addressing all the findings and recommendations contained in the interim report. The action plan submitted and comments provided were reviewed by the Safety Oversight Audit Unit (SOAU) and found to be satisfactory. 2. AVIATION ACTIVITIES IN DENMARK 2.1 At the time of the audit, there were fourteen commercial air transport operators, forty-seven approved maintenance organizations, forty-five repair stations and fifty-seven aircraft maintenance workshops registered in Denmark. In addition, 6 186 pilot licences were active, 1 663 aircraft were registered in Denmark and one type certificate of airworthiness was issued. The SLV had twelve operations and twelve airworthiness inspectors to enable it fulfill its safety oversight responsibilities. 3. SUMMARY OF FINDINGS 3.1 A Civil Aviation Act was enacted by the Parliament and regularly amended. The Act allows the Minister of Transport to implement civil aviation regulations and to amend them in line with the ICAO SARPs. Ministerial Order allows the transfer of power to the SLV to issue and publish civil aviation regulations. A comprehensive regulatory framework has been implemented by Denmark addressing most of the provisions of the Chicago Convention and its Annexes. The Danish regulations in the audited areas are based mainly on Joint Aviation Regulations (JARs) and ICAO SARPs. 3.2 The Department of Safety Regulations (SRD) of the SLV is responsible for safety oversight in the areas addressed by the audit. The SRD, composed of seven highly integrated divisions, covers the whole spectrum of flight safety and a quality system that has been implemented within the department.
-2-3.3 A comprehensive and satisfactory system of personnel licensing has been established by the State. The Regulations and standards were the Joint Aviation Authorities (JAA) FCL Standards and requirements which were officially adopted by Denmark on 1 July 1999. 3.4 A system for the certification and surveillance of commercial air transport operators has been established, and the SLV has issued a comprehensive set of regulations governing aircraft operations based on JAR OPS 1 and 3 and related ICAO Annexes provisions. The process of certification and supervision of operators is adequately documented and certification procedures have been developed and issued to all inspectors. 3.5 The SLV has the required legislation and regulations to satisfy and address airworthiness requirements for the certification of commercial air transport operators, aircraft, AMOs and manufacturers located within the State. However, inspections were only being performed for the re-issuance of the aircraft Certificate of Airworthiness (C of A) and AMO certificate renewal, and no other ongoing surveillance was being performed as a result of lack of adequate inspection personnel. 3.6 Primary aviation legislation in Denmark 3.6.1 Abstract of findings 3.6.1.1 The Air Navigation Act of Denmark was enacted in 1960 and has been amended several times, most recently in 1997, when the revised Eurocontrol Convention was implemented. The provisions of the Act apply to civil aviation within Danish territory and to Danish registered aircraft outside Danish territory. The Act contains eighteen Chapters addressing practically all civil aviation activities, including provisions on activities which cover the scope of the audit. 3.6.1.2 The Act contains provisions for the establishment of specific aviation regulations covering different aviation areas and implementing the provisions of the ICAO Annexes in the audited areas. The Act also empowers the Minister of Transport to promulgate detailed regulations which are deemed, among other things, to be necessary for flight safety. The Act provides for the Minister to entrust powers to the Civil Aviation Administration, and to issue all regulations (except for regulations of a political nature) and to publish the Regulations issued by the Administration. 3.6.1.3 The Danish civil aviation regulatory framework is composed of European Community Instructions and national civil aviation regulation implementing different articles of the Act or relevant Annexes to the Chicago Convention or European or JAR provisions. Denmark, as an ICAO Contracting State, a European Community State and also as a JAA State Member, is required to implement the provisions of the Annexes to the Chicago Convention in parallel with the European Community Advisories and JARs in civil aviation activities, as applicable. 3.6.1.4 During the course of the audit and in line with the procedures established on the basis of the MOU signed between Denmark and ICAO, the primary aviation legislation and civil aviation regulations in Denmark were found to be comprehensive and satisfactory.
-3-3.7 Civil aviation organization in Denmark 3.7.1 Abstract of findings 3.7.1.1 The SLV was established in April 1938 by Act N 109. The objective assigned to the SLV was to create good conditions for civil aviation in Denmark, for Danish civil aviation activities abroad and for the users of air transport services. This objective was to be achieved in conformity with national and international obligations, with an emphasis on safety and quality, and on an economically, ethically and environmentally sound basis. 3.7.1.2 The SRD is the department within the SLV responsible for the implementation of regulations and for the oversight of aviation activities in the areas covered by the audit. The objective of the SRD is to ensure that civil aviation is carried out at an acceptable safety level, giving due respect to the surrounding environment while, at the same time, supporting Danish aviation to the best possible extent. The issuance of civil aviation regulations, licensing, approvals and the accomplishment of a continuing surveillance of Danish operators and aircraft maintenance organization constitute the main activities of the SRD. 3.7.1.3 The organizational structure of the SRD to support its safety oversight activity was deemed to be fully satisfactory. SRD has established an appropriate civil aviation system to support its safety oversight obligations and responsibilities. For this reason, there were no findings and recommendations made relative to the organization of the civil aviation system in Denmark. 3.8 Personnel licensing and training 3.8.1 Abstract of findings 3.8.1.1 The Personnel Licensing Division administers the issuance of personnel licences, practical and theoretical tests, aviation schools, simulators and medical certificates. There were a total of eighteen staff members, ten inspectors and eight support staff, to oversee thirty-eight flying schools and 6 200 pilot licences. Denmark issues all the licences referred to in Annex 1, except for the Flight Navigator Licence, and validates flight crew licences issued by other Contracting States under specific conditions. The standards used for the issuance of a licence are the JAR FCL Standards. For the issuance of a Danish professional licence on the basis of a foreign licence, Denmark recognizes the training and experience that the holder of a foreign licence has, but the applicant requires to satisfactorily complete a written examination and flight test specified for that licence. For validation of an air transport pilot licence (ATPL) or a commercial pilot licence (CPL), a foreign licence holder is required to pass a written examination and a flight test and also must obtain a Danish medical certificate. The validation period is normally limited to one year. For private day VFR privileges, pilot licences are automatically validated on the basis of applicable regulations. 3.8.1.2 The SLV adopted the JAR FCL Standards on 1 July 1999, and JAA FCL 3 Standards are applied for licence-related medical examinations. It should be noted that Denmark does not issue a Class III medical, and air traffic controllers are expected to meet Class I medical requirements. 3.8.1.3 During the course of the audit, two findings relating to personnel licensing and training in Denmark were identified, and two recommendations were made for their rectification.
-4-3.9 Corrective action plan proposed/taken by Denmark 3.9.1 With respect to the publication of the procedures for the validation of licences issued by other Contracting States and the issuance of national licences, the SLV indicated that it will publish the Danish regulations (BL 6-69) on validation of foreign licences in the Aeronautical Information Publication (AIP) Denmark by 1 February 2000. However, with respect to amending the contents of the licences issued so that they conform with that provided in Chapter 5 of Annex 1, the SLV stated that it was bound by an agreement with the other JAA Member States as regards licence format in order that JAR-FCL licences issued by Denmark can be recognized in the other Member States. The SLV indicated that it will take the initiative before 1 April 2000, in having this deviation from the ICAO standard discussed in the JAA. As regards the use of the address section, the SLV indicated that it will always have an up-dated list of licence holders addresses and that it finds this practice safer than having the holders addresses stated in the licence, thus a difference was filed. 3.9.2 On the subject of meeting the ICAO Standard for medical validity periods, and with respect to the recommendation on the curtailment of pilot-in-command privileges on attaining age 60, Denmark indicated that it is bound by an agreement with the other JAA Member States and that the matter will be raised by Denmark within the JAA before 1 April 2000. In the mean time, Denmark, on 17 November 1999, notified ICAO of differences existing between its regulations and related Annex 1 provisions. 3.9.3 In its action plan, Denmark indicated that, in the personnel licensing area, all national regulations were thoroughly checked for deviations from ICAO Annex 1 provisions in the process of implementing of the harmonized European Regulation JAR-FCL as per 1 July 1999. No other deviations were found than those already notified to ICAO. 3.9.4 On 21 February 2000, Denmark advised ICAO that a version of the Danish regulations (BL 6-69) on validation of foreign licences had been published in AIC A (01/2000) which is a part of the AIP. 3.10 Aircraft operations in Denmark 3.10.1 Abstract of findings 3.10.1.1 The main Danish operations regulations are contained in Chapters 5 and 7 of the Act and in the BL-5 Series of Regulations implementing European Commission s Directives, the provisions of JAR OPS 1 and 3 and also ICAO Annex 6, Parts I, II and III provisions. The European Commission Regulations are directly implemented as Denmark s regulations, and do not need to be transposed by other means such as an Order or Regulation. The BL-5 Series also contain Annex 6, Parts I and III SARPs which are not yet implemented by the JAR OPS, such as flight time and duty time limitations and requirements concerning the training and the qualifications of cabin crew. Additional regulations have also been issued to implement Annex 6, Parts I, II and III SARPs related to operations not covered by JAR OPS 1 or 3. The requirement for an operator to hold an air operator certificate was implemented by the Act and by the European Regulation. Danish regulations concerning the transport of dangerous goods by air adopt the ICAO Technical Instructions as part of the Danish Regulations. 3.10.1.2 The Operation (OPS) Division is composed of two sections. The Large Aeroplanes Section and the Small Aeroplanes Section. Each section is responsible for the approval of the operator s operations manuals and also for conducting inspections in connection with the certification and supervision of operators under its responsibility. A certification and supervision procedures handbook is provided to the staff. The certification system allows for an operations inspector to be designated responsibility for a specific operator.
-5- A formal training programme which also allows for the control of training provided to each OPS Division technical staff has been established. 3.10.1.3 The OPS Division is also in charge of the supervision of the operators and has established a system to enable it undertake its responsibilities vis-à-vis the Danish operators. SLV does not delegate oversight responsibilities to the operators. The OPS Division maintains an appropriate record of the operator inspections conducted. It had conducted thirty-two inspections in the first semester of 1999, for which records had been appropriately maintained. 3.10.1.4 During the course of the audit, two findings relating to aircraft operations in Denmark were identified and three recommendations were made for their rectification. 3.10.2 Corrective action plan proposed/taken by Denmark 3.10.2.1 With respect to the recommendation requiring Denmark to ensure that, at least, one inspector be qualified and current in each aircraft type used by the Danish operators, Denmark has rightly pointed out that this requirement, although desirable, would not be physically possible for the relatively few inspectors employed by a small unit like its OPS Division to be qualified and current in each aircraft type used by the Danish operators. However, the recruiting strategy of the OPS Division mirrors a commitment as far as possible to adhere to the superior prerequisites in Doc 8335 and in the JAA Joint Implementation Procedures concerning the level of experience, qualifications and continued competence of operational inspectors. Thus, Denmark notified that, as far as possible, the OPS Division will adhere to the guidance material in ICAO Doc 8335 and additionally use adequately qualified and authorized line check commanders, acceptable to it, for specific type-related checks. 3.10.2.2 On the subject of conducting a comprehensive review of applicable regulations to identify differences that may still exist vis-à-vis ICAO Annex provisions, Denmark pointed out that it had notified ICAO, by facsimile, of existing differences on 26 October 1998. It further indicated that corrections and amendments to JAR-OPS, which is in the process of being implemented as a regulation for operation of aircraft in Denmark, are constantly being included to reflect the latest development in ICAO provisions and applicable airspace requirements. The OPS Division is already in the process of evaluating the need for any additional filing of differences to ICAO Standards which existed at the time of the audit. Additional filing of such differences will take place before 1 January 2000. An additional review of Denmark s compliance with ICAO standards will take place after 1 April 2001, following full implementation of JAR-OPS as the operational regulation for operation of aircraft in Denmark. The review will be completed by 1 October 2001, and any difference existing at that time will immediately be notified to ICAO. 3.11 Airworthiness activities in Denmark 3.11.1 Abstract of findings 3.11.1.1 The Airworthiness Inspection Division (AID) is responsible for the renewal of Certificate of Airworthiness (C of A) for large transport category aircraft and aircraft under 5 700 kg only. These inspections are carried out on an annual basis for large aircraft and every three years for small aircraft. Other than the C of A renewal inspections, no on-going surveillance is performed by the AID. The renewals of C of A for balloons, gliders and home-built aircraft have been delegated to the relevant flying associations. Oversight, in this respect, was limited to a review of the associated paperwork submitted by the associations.
-6-3.11.1.2 The AID performs the certification of AMOs. The renewal of AMO certificates is accomplished through a series of AMO inspection visits conducted over the course of two years. The AID inspection system is not a continuing surveillance system, but an ad hoc system limited to the annual renewals of C of As. Guidance material available to inspectors is limited to a quality manual which in many cases s the JARs. 3.11.1.3 The regulations relating to the airworthiness of aircraft are based on the provisions of Chapter 3 of the Act. Section 22 of this chapter requires that an aircraft operated in civil aviation should be airworthy and that it should not be regarded as airworthy unless it is constructed, built, equipped and maintained and has such operational capacity so that it satisfies the established safety requirements. Subsection 4 of Section 26 of the Act makes provisions for the Civil Aviation Administration to require the return of the C of A when it becomes invalid. 3.11.1.4 The Aircraft Engineering Division (AED) reviews and approves data for major modifications and repairs of State aircraft and approves engineering data for use by State registered aircraft. The AED performs original certification and annual surveillance of component manufacturers within the State. Manufacturers include airframe components for Airbus and Gulfstream aircraft, and such components are delivered to the original manufacturer for approval and installation. All other manufacturing activities are performed through the use of supplemental type certificates (STC). 3.11.1.5 During the course of the audit, twelve findings relating to airworthiness of aircraft in Denmark were identified and twelve recommendations were made for their rectification. 3.11.2 Corrective action plan proposed/taken by Denmark 3.11.2.1 The SLV indicated that it will develop and implement procedures for implementing to airworthiness SARPs before 12 April 2000. It did also indicate that it would contact the JAA and the Federal Aviation Administration (FAA) before the end of 1999 with the aim of identifying possible differences existing between the adopted airworthiness regulations and relevant ICAO Annex provisions. 3.11.2.2 The SLV will develop written procedures stating the minimum qualifications and experience requirements for airworthiness inspectors by 1 April 2000. With respect to the establishment of formal initial and recurrent training programme, the SLV stated that, at present, the Airworthiness Division has no need for a formal initial training programme as there has not been any replacement of inspectors for many years. There will, however, be a need in a few years time as four inspectors will retire on reaching the age limit. It also indicated that procedures for recurrent training exist. In a related subject, Denmark indicated that it has established a system for maintaining the training records of inspectors, but not of engineers. It will, therefore, extend the system to include engineers by 1 April 2000. 3.11.2.3 Furthermore, the SLV indicated that procedures for the AED inspectors in the engineering section, currently under development, will be completed by 1 July 2000; procedures and checklists for conducting oversight audit for designated inspectors as regards gliders and balloons, under preparation, will be completed by 1 August 2000; an inspectors guidance handbook for the implementation of JARs and Annex provisions, currently under development, will be completed by 1 January 2001; detailed written procedures to ferry an unworthy aircraft to a maintenance facility for repair will be developed and completed by 1 April 2000; and written procedures dealing with deficiencies identified during inspections will be developed by 1 July 2000.
-7-3.11.2.4 With respect to a recommendation on the recruitment of adequately qualified and experienced avionics inspector, the SLV indicated that it expects to recruit such an inspector with the required qualifications before 1 July 2000. With respect to the performance of oversight of subcontractors, the SLV indicated that it complies with ICAO s definition of subcontracting through JAR and also by implementing guidance contained in Doc 9642, Amendment 1, Part 4, Chapter 2, paragraph 2.9, thus requiring no further action. 3.11.2.5 On 21 February 2000, Denmark advised ICAO that both JAA and FAA have ben contacted with the aim of identifying possible differences between the adopted airworthiness regulations and ICAO SARPs. 4. COMMENTS The action plan and comments submitted indicate that the SLV has already taken appropriate steps to implement the recommendations forwarded in the audit interim report. It has also indicated that Denmark will raise issues related to differences that may exist between JARs and relevant ICAO Annex provisions to explore the possibility of compliance with the Annex provisions. This action is highly appreciated and its results are awaited. Several of the proposed actions are planned to be completed within the first six months of 2000, and it would be appreciated if the status of implementation of the action plan could be forwarded to ICAO as soon as completed. ICAO is fully satisfied with the action plan proposed, or being taken by Denmark and the support provided to the ICAO Universal Safety Oversight Programme. 5. DIFFERENCES FROM THE SARPs OR SARPs NOT IMPLEMENTED Denmark, on 17 November 1999, notified ICAO of existing differences relating to Annexes 1 and 6 provisions, which are attached to this summary report. However, as indicated in its action plan, it will contact the JAA and the FAA with the aim of identifying possible differences existing between the adopted airworthiness regulations and relevant ICAO Annex provisions. Information received in this respect will be published in the Supplement of the relevant Annex as soon as it is available.
APPENDIX A STATUS OF DIFFERENCES TO ICAO STANDARDS (ANNEX 1 PERSONNEL LICENSING) ICAO Standard Protocol Differences between the national regulations of Denmark and ICAO Standards 1.1 Definitions The definition of flight time is as follows in the Danish requirements: Flight time: The total time from the moment an aircraft first moves under its own power or external power for the purpose of taking off until the moment it comes to rest at the end of the flight. 1.2.5.2 The Danish requirements state that the intervals of a report of medical fitness will be 5 years until the age of 30. 2.1.10 The Danish requirements state the following: d) Age 60-64. The holder of a pilot licence who has attained the age of 60 years shall not act as pilot of an aircraft engaged in commercial air transport operations, except: 1) as a member of multi-pilot crew and provided that 2) such holder is the only pilot in the flight crew who has attained age 60. b) Age 65. The holder of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft engaged in commercial air transport operations. Chapter 3 3.2 Not issued.
APPENDIX B STATUS OF DIFFERENCES TO ICAO STANDARDS (ANNEX 6 OPERATION OF AIRCRAFT) (PART I International Commercial Air Transport Aeroplanes) ICAO Standard Protocol Differences between the national regulations of Denmark and ICAO Standards Definitions JAR-OPS 1 Category II (CAT II) operations is defined as A precision instrument approach and landing with a decision height lower than 60 m (200ft), but not lower than 30 m (100 ft), and a runway visual range not less than 300 m. 5.1.2 Single-engine aeroplanes cargo only may be operated under IMC and at night. 5.3.2 Not formally required. 6.2.2 c) 1) & 2) Not applicable for transportation or parachutists to be dropped from the aeroplane. 6.3.1.3 JAR-OPS 1 The continued use of non-digital recorders is acceptable until 1 April 2000 in aeroplanes for which the first individual certificate of airworthiness was issued before 1 April 1975. 6.4.2 A VFR flight operated as a controlled flight does not need to comply with the equipment in provision 6.9. 6.15.3 Not part of national regulations. 6.19 Does not apply to VFR operations. 6.20 Does not apply to VFR operations.
B-2 STATUS OF DIFFERENCES TO ICAO STANDARDS (ANNEX 6 OPERATION OF AIRCRAFT) (PART II International General Aviation Aeroplanes) ICAO Standard Protocol Differences between the national regulations of Denmark and ICAO Standards Definitions JAR-OPS 1 Category II (CAT II) operations is defined as A precision instrument approach and landing with a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft), and a runway visual range not less than 300 m. 6.1.3.1.1 c) Not applicable for transportation of parachutists to be dropped from the aeroplane. 6.1.3.1.1. d) 3) & 4) The procedures for pilot-in-command of intercepted aircraft and visual signals for the use by intercepting and intercepted aircraft are not required to be on board the aeroplane. 6.2.1 b) Does not apply to VFR operations. 6.9.2 Not part of national regulations. 6.10.1.3 The continued use of non-digital recorders is acceptable until 1 April 2000 in aeroplanes for which the first individual certificate of airworthiness was issued before 1 April 1975. 6.10.1.5 Not part of national regulations. 6.10.1.5.1 Not part of national regulations. 9.1 Compliance with this provision is the responsibility of each individual crew member.
B-3 STATUS OF DIFFERENCES TO ICAO RECOMMENDED PRACTICES (ANNEX 6 OPERATION OF AIRCRAFT) (PART III International Operations Helicopters) ICAO Standard SECTION II Protocol Differences between the national regulations of Denmark and Annex Recommended Practices 4.4.1 b) Does not apply to VFR operations. 4.4.2 A VFR flight operated as a controlled flight does not need to comply with the equipment requirement in provision 4.10. 4.15 Does not apply to VFR operations. SECTION III 4.1.3.1. d) 3) & 4) The procedures for pilot-in-command of intercepted aircraft and visual signals for the use by intercepting and intercepted aircraft are not required to be on board the helicopter. 4.2.1 b) Does not apply to VFR operations. 7.1 The compliance with this provision is the responsibility of each individual crew member. END