General framework of the PESO State Operational Safety Programme
Components of the PESO
The State Operational Safety Programme consists of 4 components according to the structure recommended in Annex 19.
State security policy, objectives and resources
This component integrates the 5 critical elements of the Monitoring System defined by ICAO: basic aeronautical legislation, specific operating regulations, state system and functions, qualified technical personnel and technical guidance, tools and provision of critical safety information
The State has enacted a national safety legislative framework and specific regulations in accordance with national and international standards, which define how the State will conduct the management of operational security in the State. This includes the involvement of state aviation organisations in specific activities related to the management of operational safety in the State, and the creation of the roles, functional responsibilities and relationships of such organisations. The safety legislative framework and specific regulation are reviewed regularly to ensure that they remain relevant and appropriate to the State.
Title II of Law 21/2003 of 7 July 2003 on Aviation Safety establishes the State Operational Safety Programme for Civil Aviation and the protection of information provided or shared within the framework of the Programme.
The State has identified, defined and documented the requirements, functional responsibilities and accountability related to the creation and maintenance of the State Operational Safety Programme. This includes guidelines for planning, organising, developing, maintaining, controlling and continuously improving the Programme in a manner that meets the operational security objectives of the State. It also includes a clear statement on the provision of the necessary resources for the implementation of the Programme.
In this regard, Royal Decree 995/2013 of 13 December 2013 implementing the regulation of the State Operational Safety Programme for Civil Aviation establishes the functional responsibilities and accountability of the State for operational safety.
Royal Decree 995/2013 is complemented by the Agreement of the Council of Ministers.
State safety risk management
- State obligations
- Safety Management System (SMS) obligations of aeronautical service and product providers.
- Commission Implementing Regulation (EU) No 373/2017 of 1 March 2017 regulates the requirements for ATS providers. For all other air navigation services, including civilian ATS military service provider, resolutions establishing the equivalent mechanism accepted by its supervisory body have been issued.
- Commission Regulation (EU) No 1321/2014 of 26 November 2014 regulates requirements for approved aircraft maintenance organisations engaged in commercial air transport activities. In particular, your new Part-CAMO (Annex Vc) sets out the requirements for your SMS.
- Commission Regulation (EU) No 139/2014 of 12 February 2014 regulates the requirements for airport SMS certified under the European framework and Royal Decree 862/2009 of 14 May 2009 for airports verified under the national framework.
- Commission Regulation (EU) No 965/2012 of 5 October 2012 regulates the SMS requirements of operators performing commercial air transport and specialised operations with aeroplanes and helicopters.
- Royal Decree 750/2014 of 5 September 2014 regulates air firefighting and search and rescue activities and lays down airworthiness and licensing requirements for other aeronautical activities.
- Commission Regulation (EU) No 290/2012 of 30 March 2012 regulates the SMS requirements of approved training organisations (ATOs), holders of a FSTD certificate of qualification and AeMCs (aeronautical medical centres).
- Investigation of accidents and incidents
- Hazard identification and risk assessment
- Risk Management and Troubleshooting
- Operational SAFETY ACTION Plan FOR CIVIL AVIATION
As set out in Article 25.2 of Royal Decree 995/2013 of 13 December 2013, AESA has drawn up, in collaboration with suppliers and other public bodies, the Operational Safety Action Plan in order to achieve the operational safety objectives set out in the Programme. For each of the objectives, the Plan describes the activities to be carried out together with the person responsible for carrying out them in order to achieve this objective. In addition, this Plan is consistent with the EPAS.
On the other hand, the “Plan of Inspections” of EASA will also be drawn up taking into account the areas most worrying or requiring greater attention from the point of view of operational safety in order to strengthen inspections in these areas, as provided for in Article 3 of Order FOM/922/2013 of 27 March. In other words, the preparation of both Plans will be coordinated. - OPERATIONAL SAFETY COMMITTEES
In addition to the Operational Safety Action Plan, the State Aviation Safety Agency established various mechanisms for internal and frequent evaluation of available safety data. The instruction on coordination mechanisms for the preventive approach to security oversight envisages the establishment of Security Committees in the following areas: Airports, Air Navigation, Commercial Air Transport and Air Work and Non-Commercial Aviation.
The Committees provide advice to establish operational safety strategies, to develop the actions included in the PASO, to determine the priorities to be taken into account in the preparation of the Annual Plan of Inspection and Preventive Safety Actions, or any modifications to this Plan arising from the risk management being carried out.
Safety risk management includes the obligations of State agencies for licensing, certification, authorisations or approvals, the obligations of the service providers’ safety management system, accident and incident investigation, hazard identification, risk assessment and management, and the resolution of operational safety issues.
The State is responsible for granting licences, certification, authorisations or approvals in accordance with the provisions of the Spanish legislative framework and for recognising and accepting qualifications, licences, authorisations or certificates issued by other authorities and required for the exercise of aeronautical professions.
The State or the European Union, where competition is delegated, has established controls governing the manner in which aeronautical service and product providers will identify hazards and manage safety risks. This includes requirements, specific operating regulations and implementation policies for providers’ SMS. Requirements, specific operating regulations and implementation policies are reviewed regularly to ensure that they remain relevant and appropriate for service providers.
Regulations have now been published for the following aeronautical product and service providers:
More information on the applicable regulations can be found on the EASA website.
EASA to facilitate the implementation of Safety Management Systems by aeronautical service and product providers has developed guidance materials for consultation.
In addition, the use of guidance material produced by the SM ICG working group is recommended. Some of the guide material has been translated by AESA to facilitate its use.
The State has designated the CIAIAC (Commission for the Investigation of Civil Aviation Accidents and Incidents) as the official body responsible for investigating civil aviation accidents and incidents occurring in Spanish territory. CIAIAC conducts an independent process of investigating accidents and serious incidents, the sole objective of which is the prevention of accidents and serious incidents, and not the allocation of guilt or liability. These investigations support the management of operational security in the State. Under the Programme, the State maintains the independence of CIAIAC from other state aviation organisations.
The State has established mechanisms to ensure the capture and storage of data on operational safety hazards and risks both at the organizational level and at the field level. The State has also established mechanisms to prepare information from the data stored and to actively exchange safety information with service providers and other States, as appropriate.
In this regard, the Spanish State has the Success Reporting System, regulated by Regulation (EU) 376/2014 and Royal Decree 1088/2020.
This is complemented by the Aviation Safety Indicator Programmes that have been established in different areas such as: commercial air transport by aeroplane, air work (by aeroplane or helicopter), air navigation and airports. Aviation safety indicators are defined as those parameters for assessing the level of safety. They are provided through the Electronic Headquarters of AESA.
Taking into account the information from different sources, using prioritisation methodologies in the different areas, the State carries out an analysis of safety data acting as a strategic aviation safety observatory.
Ensuring operational security by the State
- Safety oversight
The State has established mechanisms to ensure effective monitoring of the eight critical elements of the safety oversight function.
The State has also put in place mechanisms to ensure that hazard detection and safety risk management by aeronautical service and product providers comply with established regulatory controls (requirements, specific operating regulations and implementation policies). These mechanisms include inspections, audits and surveys to ensure that regulatory controls on safety risks are properly integrated into service providers’ SMS, implemented in accordance with their design, and have the expected impact on safety risks.
In this regard, AESA draws up its Plan of Inspection Activities annually in accordance with Order FOM/922/2013 of 27 March 2013 establishing the guidelines for determining the content of the inspection action plans of the State Aviation Safety Agency and establishing their periodicity and method of approval and implementation.
Specifically for the supervision of safety management systems implemented by service providers, EASA will use the guidance material developed by the SM ICG group as a reference.
Promotion of operational security by the State
- Internal communication and disclosure of safety information
The State provides instruction and promotes the knowledge and exchange of safety-related information to support, in state aviation organisations, the development of an organizational culture that promotes effective State Safety Programs.
In this regard, AESA has established an in-house training programme for its staff depending on their degree of involvement in the State Operational Safety Programme. In addition, AESA, through various mechanisms, promotes in-house knowledge and exchange of safety-related information to support the development of an organizational culture that promotes operational safety.
- External communication and disclosure of safety information
The State provides education and promotes knowledge regarding safety risks and the exchange of safety-related information to support, among service providers, the development of an organizational culture that promotes effective SMS.
AESA, in addition to its website, has various means, such as the Committees of Experts, to promote operational security with service providers.
Unified PESO document
The Unified Document of the State Program for Operational Safety for Civil Aviation describes the regulations and activities that are currently implemented and functioning and which are part of the Program.
