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THE ROLE OF EAST AFRICAN COMMUNITY CIVIL AVIATION SAFETY AND SECURITY OVERSIGHT AGENCY – CASSOA

THE FIRST EAST AFRICA AVIATION LAW SEMINAR Dynamics, Emerging Legal and Regulatory Issues in Aviation Industry – African Perspective. THE ROLE OF EAST AFRICAN COMMUNITY CIVIL AVIATION SAFETY AND SECURITY OVERSIGHT AGENCY – CASSOA By: Mtesigwa O. Maugo Executive Director mmaugo@cassoa.org.

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THE ROLE OF EAST AFRICAN COMMUNITY CIVIL AVIATION SAFETY AND SECURITY OVERSIGHT AGENCY – CASSOA

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  1. THE FIRST EAST AFRICA AVIATION LAW SEMINAR Dynamics, Emerging Legal and Regulatory Issues in Aviation Industry – African Perspective THE ROLE OF EAST AFRICAN COMMUNITY CIVIL AVIATION SAFETY AND SECURITY OVERSIGHT AGENCY – CASSOA By: Mtesigwa O. Maugo Executive Director mmaugo@cassoa.org CASSOA Presentation

  2. Outline • The EA Aviation System • Industry Players • A Glance on regional Aviation statistics • The EAC and Establishment of CASSOA • Integration Process • Establishment of CASSOA • Institutional framework • CASSOA Governance, Mandate and operation • Development of Civil Aviation Regulations • CASSOA Strategic Plan • Emerging Issues and Challenges • Operation in the current setting • Safety management • Surveillance of foreign operators – EU approach CASSOA Presentation

  3. The EA Civil Aviation System • structures of aviation system vary in Partner States • An aviation system consists of various players • The Government • The Regulator • The operator/ service provider • Airport/ANS operator • Aircraft operators • Aviation training organisations • Auxiliary service providers • Aviation meteorological CASSOA Presentation

  4. Aviation Industry • Players MOT CAA Uganda/ Rwanda/Burundi Tanzania Kenya • Safety and Security Regulation • Economic Regulation • Provision of Air Navigation Services CAA also responsible for Airport operations/Management ZanzibarAirports Authority Autonomous Airports Authority Aviation Met Air Operators Regulated by CAAs Small aerodromes Operators ATOs Auxiliary Service Providers

  5. A Glance on regional Aviation statistics Aircraft AIR OPERATORS AVIATION SAFETY/SECURITY INSPECTORS AVIATION PROFESSIONALS (LICENSED/CERTIFICATED PERSONNEL) AERODROMES MAINTENANCE ORGANISATIONS

  6. EAC Integration subsequently Monetary Union Political Federation Common Market July 2010- ultimately Customs Union 2005 - 2010 Organs: Summit, Council, Coordinating Committee, Sectoral Committees, EACJ, EALA, Secretariat Institutions: LVBC, CASSOA, LVFO, EADB, IUCEA Art 8(4)&(5): Precedence of Community Organs, Institutions and Laws Art 16: Effect of Regulations, Directives, Decisions and Recommendations

  7. The Agency – EAC Treaty ImplementationEAC cooperation in Infrastructure and Services – Civil Aviation • Article 92 of the Treaty (Civil Aviation and Civil Air Transport) outlines a comprehensive system of cooperation among the Partner States in civil aviation and air transport including: • Harmonising policies in civil aviation to promote development of safe, reliable ...civil aviation • Harmonise civil aviation rules and regulations … • Take common measures for control and protection of the airspace of the Community • Establish a UFIR (ACC) • Adopt common aircraft standards and technical specification for aircraft to be operated in the Community CASSOA Presentation

  8. The Agency: Establishment • The Protocol for establishment of the Agency was signed during the Council of Ministers meeting on 18th April 2007 and key staff appointed. • The Summit of the Heads of State on 18th June 2007 established the Agency as a specialised institution of the community responsible for the development of a safe and secure civil aviation in the region. • It is established as an autonomous and self-accounting institution. CASSOA Presentation

  9. The Agency – Institutional Framework – Tripartite relationship EAST AFRICAN COMMUNITY • Develops policies, legislations and programmes aimed at widening and deepening cooperation among PS CASSOA PARTNER STATES CAA • Promoting safe and secure civil aviation in the region • Forum for planning and implementing common measures for developing safe and orderly civil aviation • Assist PS in meeting their oversight obligations Oversight function including certificating/ licensing/approval and enforcement CASSOA Presentation

  10. The Board • Membership: Heads of CAA, Executive Director, experts nominated by respective Ministers responsible for civil aviation – one from each Partner States. • Is the governing body of the Agency; • It establishes its own rules of procedures; • Required to meet once every three months • Certain decisions must be brought to the attention of the Council CASSOA Presentation

  11. Responsible for, among others: • Establish such offices or staff of the Agency as may be determined • propose staff terms and conditions of service; • formulate civil aviation safety and security regulations • approve civil aviation safety and security guidance materials and procedures; • recommend to the Council the suitable candidate to be appointed as the Executive Director; • appoint senior staff of the Agency and review their performance including that of the Executive Director; • approve the annual programme activities and budget estimates of income and expenditure for the Agency; • approve the annual accounts of the Agency; • approve the annual report of the activities of the Agency for submission to the Council for consideration; • assess and approve applications by Third States seeking assistance for technical expertise from the Agency. CASSOA Presentation

  12. Articles 4 and 5 of the Protocol details the objectives and functions of the Agency • In line with the current mandate the role of the Agency can be summarised as follows: • Harmonising operating Regulations to ensure that they meet the international standards and recommended practices; • Developing standardised procedures for licensing, approving, certificating and supervising civil aviation activities; and • Providing guidance and assistance to States in meeting their safety and security oversight obligations under the Chicago Convention and its Annexes. CASSOA Presentation

  13. Mission TO ENSURE THAT CIVIL AVIATION SAFETY AND SECURITY STANDARDS ARE HARMONISED AND IMPLEMENTED CONSISTENTLY IN ALL PARTNER STATES BY DEVELOPING EFFECTIVE OVERSIGHT SYSTEMS Vision BE A MODEL REGIONAL ORGANISATION IN CIVIL AVIATION SAFETY AND SECURITY OVERSIGHT CASSOA Presentation

  14. The Agency uses Working Groups and Technical Committee for accomplishing its mandate • The Board established two Technical Committees; • Finance and Administration (TC – F&A); • Regulatory (TC – R) • Working Groups are used for specific speciality technical work • Assistance to States is by sharing the technical resources within or by the Agency developing its own technical capacity CASSOA Presentation

  15. CASSOA STRATEGIC PLAN 2010/11 – 2014/15Goal/Broad Objective:Contribute to the development of a sustainable, safe, secure and efficient civil aviation sub-sector in the region in line with the EAC objectives CASSOA Presentation

  16. Emerging Issue and Challenges: Operating in the Current Setting • Delayed and differentiated timing of issuance of Civil Aviation Regulations • Sustainable funding mechanism CARs CASSOA Presentation

  17. Emerging Issue and Challenges: Safety Management • an approach whereby the service providers (operators, airport management, air navigation service provider etc) in line with the State safety programme in order to achieve an acceptable level of safety (ALoS) in civil aviation identifies safety hazards CASSOA Presentation

  18. Emerging Issue and Challenges: Surveillance of Foreign Operator – the EU Approach • States to establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety • European Aviation Safety Agency (EASA) to authorise all third country operators before they start operating into the EU markets CASSOA Presentation

  19. The Eight Critical Elements Establishment Critical Elements of a Safety Oversight System: KEY 1: PAL – Primary Aviation Legislation CE1: PAL CE2: SORegs 2: SORegs- Specific Operating Regulations CE3: SCAS& OF CE5: TGM CE4: TPQ & T 3: SCAS&OF- State Civil Aviation System and Safety Oversight Function 4: TPQ&T - Technical Personnel Qualification and Training CE8: Res of Safety Concern CE7: Surveillance 5: TGM- Technical Guidance, Tools and the Provision of safety Critical Information CE6: LCA&A 6: LCA&A- Licensing, Certification, Authorisation and Approval Obligations 7: Surveillance Obligation 8: Resolution of Safety Concerns Implementation

  20. Conclusion • A safe and secure air transport is a major player in the implementation of common market • Compliance to International Standards is not an option but a necessity in air transport. • An effective oversight system is not only tenet to enhanced safety/security but also a necessity for doing business in air transport • The regional approach is the effective way to build an effective and sustainable oversight system • Establishment of CASSOA is part of the bigger picture of implementing EAC objectives on integration

  21. Thank You Any Questions? CASSOA Presentation

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