Delegated regulation 2020/2034 - Supplement to Regulation 376/2014 as regards the common European risk classification scheme - Main contents

EN

Official Journal of the European Union

L 416/1

The Commission, in close cooperation with the Member States and the European Union Aviation Safety Agency (‘Agency’) through the network of aviation safety analysts, developed a methodology for the classification of occurrences in terms of safety risk, by taking into account the need for compatibility with existing risk classification schemes. The common European risk classification scheme (‘ERCS’) was developed by 15 May 2017 in accordance with the target date set out in Article 7(5) of Regulation (EU) No 376/2014. The ERCS should be now set out in this Regulation.

It should support the competent authorities of the Member States and the Agency in their assessment of occurrences, its key purpose should be the identification and classification in a harmonised manner of the level of risk posed by each occurrence to aviation safety. Its purpose should not be the identification of the outcome of the occurrence.

The ERCS should also allow for the identification of rapid actions needed in reply to high-risk safety occurrences. It should also enable the identification of key risk areas from aggregated information and the identification and comparison of their risk levels.

The ERCS should facilitate an integrated and harmonised approach to risk management across the European aviation system and therefore enable the competent authorities of Member States and the Agency to focus on safety improvement efforts in a harmonised manner as part of the European Plan for Aviation Safety referred to in Article 6 of Regulation (EU) 2018/1139 of the European Parliament and of the Council (2).

Commission Implementing Regulation (EU) 2019/317 (3) laying down a performance and charging scheme in the single European sky establishes the rate of runway incursions and separation minima infringement at Union level with a safety impact as the indicators to be monitored on an annual basis during the third reference period (RP3) that covers the calendar years 2020 to 2024 inclusive. This Regulation should be applied as of l January 2021 to align the use of the ERCS with the start of the RP3 second annual monitoring period and ensure the harmonised assessment of occurrences,

‘European risk classification scheme’ or ‘ERCS’ means the methodology applied for the assessment of the risk posed by an occurrence to civil aviation in the form of a safety risk score;

‘ERCS matrix’ means a grid made up of the variables described in Article 3(3) which serves for the illustrative representation of the safety risk score;

‘safety risk score’ means the result of the risk classification of an occurrence by combining the values of the variables described in Article 3(3);

‘high-risk area’ means an area where an aircraft impact would cause numerous injuries, result in a high number of fatalities, or both because of the nature of the activities in that area, such as nuclear or chemical plants;

‘populated area’ means an area with clustered or scattered buildings and a permanent human population, such as city, settlement, town, or village;

‘life changing injury’ means an injury reducing the person’s quality of life in regard to reduced mobility or reduced cognitive or physical ability in daily life.

severity: identification of the worst likely accident outcome that would have resulted if the occurrence under assessment had escalated into an accident;

probability: identification of the likelihood of the occurrence under assessment to escalate into the worst likely accident outcome referred to in point (a).

STEP 1: Determination of the values of the two variables: severity and probability.

STEP 2: Scoring of the safety risk within the ERCS matrix based on the two determined values of variables.

a determination of the most likely type of accident that the occurrence under assessment could have escalated to (the so called key risk area);

a determination of the potential loss of life category based on aircraft size and proximity to populated or high-risk areas.

airborne collision: a collision between aircraft while both aircraft are airborne; or between aircraft and other airborne objects (excluding birds and wildlife);

aircraft upset: an undesired aircraft state characterised by unintentional divergences from parameters normally experienced during operations, which might ultimately lead to an uncontrolled impact with terrain;

collision on runway: a collision between an aircraft and another object (other aircraft, vehicles, etc.) or person that occurs on a runway of an aerodrome or other predesignated landing area. It does not include collisions with birds or wildlife;

excursion: an occurrence when an aircraft leaves the runway or movement area of an aerodrome or landing surface of any other predesignated landing area, without getting airborne. It includes high-impact vertical landings for rotorcraft or vertical take-off and landing aircraft and balloons or airships;

fire, smoke and pressurisation: an occurrence involving cases of fire, smoke, fumes or pressurisation situations that may become incompatible with human life. This includes occurrences involving fire, smoke or fumes affecting any part of an aircraft, in flight or on the ground, which is not the result of impact or malicious acts;

ground damage: damage to aircraft induced by operation of aircraft on ground on any other ground area than a runway or predesignated landing area, as well as damage during maintenance;

obstacle collision in flight: collision between an airborne aircraft and obstacles rising from the surface of the earth. Obstacles include tall buildings, trees, power cables, telegraph wires and antennae as well as tethered objects;

terrain collision: an occurrence where an airborne aircraft collides with terrain, without indication that the flight crew was unable to control the aircraft. It includes instances when the flight crew is affected by visual illusions or degraded visual environment;

other injuries: an occurrence where fatal or non-fatal injuries have been inflicted, which cannot be attributed to any other key risk area;

security: an act of unlawful interference against civil aviation. It includes all incidents and breaches related to surveillance and protection, access control, screening, implementation of security controls and any other acts intended to cause malicious or wanton destruction of aircraft and property, endangering or resulting in unlawful interference with civil aviation and its facilities. Includes both physical and cyber security events.

more than 100 possible fatalities – where the occurrence under assessment involves at least any of the following:

between 20 to 100 possible fatalities – where the occurrence under assessment involves at least any of the following:

between 2 to 19 possible fatalities where the occurrence under assessment involves at least any of the following:

1 possible fatality – where the occurrence under assessment involves at least any of the following:

0 possible fatalities – where the occurrence under assessment involves personal injuries only, regardless of the number of minor and serious injuries as long as there are no fatalities.

‘A’ which stands for no likelihood of an accident;

‘E’ which stands for an accident involving minor and serious injury (not life changing) or minor aircraft damage;

‘I’ which stands for an accident involving a single fatality, life changing injury or substantial damage accident;

‘M’ which stands for a major accident with limited amount of fatalities, life changing injuries or destruction of the aircraft;

‘S’ which stands for a significant accident with potential for fatalities and injuries;

‘X’ which stands for an extreme catastrophic accident with the potential for significant number of fatalities.

‘Stopped’ if the barrier prevented the accident from occurring;

‘Remaining Known’: if it is known whether the barrier remained between the occurrence under assessment and the potential accident outcome;

‘Remaining Assumed’: if it is assumed that the barrier remained between the occurrence under assessment and the potential accident outcome;

‘Failed Known’: if it is known that the barrier has failed;

‘Failed Assumed’: if it is assumed that the barrier have failed even if insufficient or no information is available to determine this;

‘Not Applicable’: if the barrier is not relevant to the occurrence under assessment.