Brian Humphries CBE
President EBAA
Sopwell House 6th March 2012
Curtailing Illegal FlightsCreating a WIN – WIN – WIN Environment
PASSENGERS INDUSTRY GOVERNMENTS
WIN WIN WIN
The Scope of Business Aviation in Europe
570 operators (source AMSTAT)
4,266 business aircraft in 2011 (source BART)
• 2,936 Jets• 1,279 Turboprops• 51 BBJs
The Scope of Business Aviation in Europe• 654,514 movements in 2011* • Representing 7.2% of all movements in EU 27* • 45% Commercial and 36% Non-Commercial** • 9% of these flights in 2009 were by “N-registered” aircraft** • Operations concentrated in Europe’s economic heart
* Source Eurocontrol 2011** Source Eurocontrol 2010
The Scope of Business Aviation in Europe
Business Aviation sector contributed a total of €19.7bn in annual gross value added (GVA) to the European economy in 2007, accounting for approximately 0.2% of the combined GDP of the European Union (EU), Norway and Switzerland. (PwC study)
Flying Europe’s Return to Economic Growth
The Issue
What is an illegal flight or operator? EU Operators
• Non-commercial EU operators performing public transportation within EU territory without a valid AOC
Non-EU Operators• Non-EU operators performing public transportation within EU territory without
traffic rights or /and without a valid AOC
Why You Should CareNumber of occurrences reported
It is difficult to estimate the number of illegal flights occurring in Europe. According to latest reports, the number of illegal flights ranges from
6% - 8% of all business aviation traffic in Europe• i.e. more than 45,000 movements/year • More worrying, this number is on the rise!
The prisoner's dilemma If illegal flights flourish in total impunity, forcing costs down by reneging on
safety and other critical standards, other operators may leave the market or echo the misconduct
The ImpactSafety
Depending on the country of aircraft registration, the illegal flight may be: • less safe • operated to less demanding standards
Consequently, the requirement for “a high and uniform level of protection of the European citizen that should at all times be ensured by civil aviation” (R216/2008) is unmet;
Accountability Aren’t all citizens supposed to know the law?
ON PASSENGERS
The ImpactUnfair competition
By following less demanding standards, escaping the costs of an AOC, illegal operators can operate less expensively.
Operating under a Non-Commercial flight plan allows illegal operators to operate to/from airports, but under less stringent ruling (cf. runway capacity for instance).
Non-Commercial operators can operate to shorter runways than their Commercial counterparts Reducing safety margins Resulting in an unfair competitive
advantage
ON INDUSTRY
The ImpactGovernments foot the bill
In case of an incident or accident, the passenger insurance coverage (including life insurance) may be withdrawn or invalidated;
If third-parties are impacted, the State may eventually be held liable for repairing or compensating the damage as no insurance covers the flight;
No VAT is perceived on the transaction, which represents a direct loss of income for States
ON GOVERNMENTS
The SolutionEnforcing the existing regulation
Directive 2004/36/CE (SAFA Regulation)• All Commercial aircraft• All Non-Commercial aircraft with MOTW > 5,700 KG • All Helicopters
Commission Regulation 768/2006• On collection/exchange requirements Tasks for MS and EASA
Commission Directive 2008/49 • Amending Annex II of the SAFA Directive Core elements of ramp inspection
procedures Guidance material Commission Regulation 351/2008
• Prioritisation of ramp inspections
Our ProposalDemand / Prevention
Inform passengers and operators of the risks• EBAA campaign on illegal flights• Media/ Communications• Work with service providers (airports, brokers) to help
identify illegal operators at point of booking. Provide passengers & brokers with means for
self assessment• The EU White List
Our ProposalSupply / Repression
Inform the potential illegal operator• Shine a spotlight each time an illegal operator has been caught!
Targeted ramp-check inspections• SAFA/SACA inspections targeted to unknown/suspicious operators • A clear definition of the population at risk, and a particular focus on this
population • SAFA inspections targeting major events where business aviation brings
many people to a specific location/area Improve the exchange of information between authorities
Our ProposalRegulatory solution
Adapt the existing regulation to help identify potential illegal operators• We propose amending Commission Regulation 351/2008 to reflect
targeting needs Provide inspectors with means to identify illegal operators
• Develop a toolkit to help inspectors identify all potential illegal operators
WIN – WIN – WIN
A complete reshuffle of current practices by MS and authorities is not needed. EBAA believes that:
1. Better Communication between authorities 2. The recognition of the importance of the issue – not only for BusAv, but for
safety in general 3. A greater focus on the population at risk, and 4. The establishment of a toolkit/procedure applied uniformly throughout
Europe5. Determination by the NAAs to enforce the law
… would help tremendously!
Outcome of Recent Briefing to Member States
• EBAA made a presentation on illegal flights during the 15th European SAFA Steering Group (ESSG) at the Commission to national inspectors.
• The presentation was welcomed by the audience. • EASA and the commission expressed a genuine interest in working hand in hand with
the industry against this issue. • MS declared themselves ready to renew their efforts, but
Admitted the complexity of the issue and need for help from the Associations.
THANK YOU
Are we all Committed to the task?