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
1
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
2
The EASA (HOFO) regulation
Commission Regulation
(EU) No 965/2012
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
3
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
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
4
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
5
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
6
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
7
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
Solberg, PhD
Safety
Øivind
Solberg Risk &
8
7
The future?
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
9
Implications on safety?
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
10
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
11
Current situation
Operators
Manuals/handbooks
Standards
(NoG, OGP,
oil companies requirements)
Regulatory bodies EASA, CAAN, Ptil
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
12
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
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
13
Scenario A
Operators
manuals
Standards
(NoG, OGP)
- Regulatory body EASA
- Oversight SPA Member State
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
14
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
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
15
Scenario B
Operators
manuals
Standards
(NoG, OGP)
Regulatory body Ptil, EASA and
Member State giving SPA
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
16
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
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
17
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
18
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?
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
19
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)
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
20
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
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
21
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
22
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 23
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
24
Enhancing safety
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
25
GOING FORWARD
 Norwegian offshore safety board
 NoG standards
 The safety studies
 The Common audit
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
26
An analogy –
working with issues on risk and safety
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety
27
Thank you
Solakonferansen 22.09.2015
Øivind Solberg, PhD
Solberg Risk & Safety 28