Julian Moxon/PARIS
Eurocontrol wants to introduce a tougher enforcement mechanism for new air traffic management (ATM) procedures and suggests using the European Union (EU) legislative system to give it the power it needs.
The move results partly from confusion among member states over the introduction last year of basic area navigation procedures, which triggered severe criticism of the Brussels-based agency's "lack of visibility" on introducing such measures.
"We want to develop a binding legislative instrument to secure the commitment of stakeholders in new measures and ensure they fulfil their obligations," says Jean-Luc Garnier, Eurocontrol's head of safety, quality management and standardisation.
The first ATM development that could benefit from this is reduced vertical separation minima (RVSM), due to be implemented in January 2002. Garnier admits that RVSM will probably be used only as a test case, however, because the formal mechanism giving the agency the power it needs is unlikely to have been agreed in time.
Eurocontrol is considering a notice of proposed rulemaking (NPRM) system similar to that used by the US Federal Aviation Administration and European Joint Aviation Authorities. In this process, initial approval from member states leads to a draft rule being sent to the industry for comment. Amendments are added, and the final draft is submitted to the member states' civil aviation authorities.
Garnier says it is is "still unresolved" how Eurocontrol would acquire the necessary legal powers, and it would require a "minor modification" to its revised convention, adopted in June 1997, and which provides no enforcement mechanism.
Eurocontrol's Provisional Council could use a European Union type of mechanism to transfer its requirements into legislation. "This would be binding among EU states and allow for the possibility of enforcement through European law," says Garnier.
A report setting out the NPRM plan and the required changes to the convention will be submitted to the council in July, with approval in principle sought by November.
Source: Flight International
