Many of the air navigation service providers are monopolies, including those in Poland. The lack of competition in the navigation services sector does not stimulate the need to continuously optimize costs and improve service quality. This leads to higher charges for airlines, which are then relayed to the end user.
These "invisible" air navigation service providers are very often responsible for the delays that are at the root of the problems in our air travel. Although the airlines are primarily held responsible for cancelled or delayed flights, the actions of the ANSPs have a significant impact on the punctuality of flights. A better understanding and fairer distribution of responsibility for travel disruptions can be achieved by raising passengers' awareness of the role of ANSPs in the delay chain.
For many years, no mechanisms have been put in place to refinance airlines losses due to delays caused by air traffic management organisations, in particular those caused by staff shortages, inefficient management of available resources or failures of air traffic management systems which are beyond the control of air carriers. Transferring the responsibility for covering the costs incurred by air carriers for a defined list of causes to the air traffic management organisations could significantly improve the management of air traffic flows and force these organisations to improve the efficiency of their operational human resources management. This solution would undoubtedly increase the accountability of the management of these organisations for their management decisions and would contribute to the improvement of the situation in the industry.
Ryanair has long been an outspoken critic of the way European air navigation service providers (ANSPs) operate. However, airline organisations are beginning to join in the criticism due to the continued inefficient management practices of many ANSPs, but there is still a lack of a strong and united airline voice. Unfortunately, some public bodies like airlines and airports are often unwilling to comment on the situation because of financial and "administrative" sensitivities that could affect their functioning. As a result, these entities remain silent in the public area, preventing a broad debate on the necessary reforms and improvements in efficiency and limiting our knowledge of public expenditure. This silence is particularly alarming because the lack of open dialogue is blocking the implementation of changes that could benefit passengers, businesses that use air freight and the airlines themselves.
In Poland
Transparency and accountability of institutions, such as the Polish Air Navigation Services Agency (PANSA), are crucial for ensuring high-quality navigation services. Lack of criticism and constructive discussion encourages a status quo where costs rise and operational efficiency is not achieved.
Regulators do not oppose unfavourable changes. However, the mission of the Civil Aviation Authority is to work towards the sustainable development of civil aviation in Poland. The aviation authority should ensure efficiency for all stakeholders. An example of such negative action is the approval of changes that increased the shortage of air traffic controllers by allowing them to work less hours than required by law.
The restrictions on the working hours of air traffic controllers (ATCO) introduced in Poland in 2022, approved by the Aviation authority, result in problems with maintaining the appropriate capacity of Polish airspace. First, the adopted solutions lead to an unjustified increase in personnel demand, which artificially drives up costs. Second, the air traffic management system is unable to meet traffic demands, leading to delays and disruptions. In some air traffic control units, the Single Person Operations (SPO) mode, which was particularly criticized by controllers in 2021, has been maintained. This situation not only reduces efficiency but also exposes the system to additional operational risk.
Given the nature of the management decision to reduce controllers' working hours, the consequences of which may be significant for all airspace users, it would be appropriate to present the impact of the proposed change on their operations to the stakeholders of the services provided by PANSA. As stated in one of the safety bulletins published on PANSA “regardless of the scope of change in each individual functional system, coordinated efforts should be made to implement the change in a manner that is as safe and acceptable as possible for all parties involved. The result of the collaboration should be a jointly developed safety assessment document or safety assessments that are individually prepared, mutually consulted, and agreed upon.”
We asked LOT Polish Airlines whether the change in the nominal working hours of air traffic controllers, introduced in 2022, was consulted and whether the unavailability of personnel affects the airline's operations. In response, we received the following information:
"LOT Polish Airlines is aware of the operational challenges in air traffic control over Poland. We are in constant contact with the Polish Air Navigation Services Agency to ensure the smoothness and punctuality of flight operations."
TOP SECRET
It is necessary to allow a more in-depth analysis of the costs incurred by air navigation service providers and to verify the legitimacy and the costs incurred by these bodies. It is necessary to verify that the funds collected from airlines, in effect from our pockets, are really used to support the development of the services provided. ANSPs should openly inform how the increase in operational costs will affect capacity and operational efficiency and how a given undertaking has impacted or will impact the improvement of operational efficiency.
In an interview given in April by the President of the Polish Air Navigation Services Agency (PANSA), Magdalena Jaworska-Maćkowiak stated that "due to the war, there is less en-route traffic, but the complexity of the airspace is many times greater."
We asked PANSA questions about the measurement of the complexity of Polish airspace and requested information on the method and timing of the analysis. We asked PANSA to indicate which sectors are characterised by the highest complexity and to explain why. We also asked the Agency to indicate what measures had been taken to increase capacity and reduce delays in air traffic and whether these measures had been carried out in parallel with the analysis of the complexity of Polish airspace.
In response, we were informed that "These matters are protected by trade confidentiality or are important from the point of view of state security and therefore cannot be discussed in public, especially during the war in Ukraine. On the basis of legal provisions, PANSA argues that even if the information requested is considered public information, the disclosure of such information would violate the protection afforded by separate regulations. According to Article 5, Section 2 of the Law on Access to Public Information, "the right to public information is limited, inter alia, on the grounds of commercial confidentiality".
We are all aware that the conflict in Ukraine has led to an increase in military air traffic, particularly in Poland, and data on the number of zones and their activities are public.
Moreover, based on the data contained in the document prepared by the PRB, Performance Review Body Advice on the Union-wide targets for RP4 (Annex IV - Definition of comparator groups for cost-efficiency), PANSA is in the group of ANSPs most affected by the conflict in Ukraine, but characterised by relatively low traffic variability, complexity , and volume, and control a small airspace.
Furthermore, the Annual Report 2022 of the Polish Air Navigation Services Agency (PANSA) does not mention a multiple increase in airspace complexity, despite efforts to ensure the necessary capacity in the medium and long term. The report also contains no information on possible plans to analyse airspace complexity.
In 2018, with the future of Polish airspace in mind, PANSA signed the Airspace Development Strategy for Poland with IATA. At the time, Rafael Schwartzman, IATA’s Vice President for Europe, emphasized, "Flight delays in European airspace are a major inconvenience for passengers and have a negative impact on the economy. The expected growth in passenger numbers, particularly in Poland, will intensify this problem. Therefore, it is important that further work on the Airspace Development Strategy for Poland is carried out in cooperation between the Polish Air Navigation Services Agency and airlines. The close cooperation with PANSA gives us confidence in the optimal development of air navigation in Poland, which also brings significant economic benefits". Schwartzman expressed confidence that cooperation between PANSA and airlines would ensure the development of the aviation sector in Poland. Unfortunately, it is currently difficult to determine what stage this project is at.
Efforts to improve capacity are one of the fundamental responsibilities of the management of any air navigation service provider. It is difficult to even comment on the position that has been presented to us by PANSA. Transparency in airspace management is essential to build confidence among both operators and the public. Unfortunately, the Agency rarely responds to questions about the details of its operations, if it responds at all. However, especially in the light of monopolistic practices, safety and security cannot be used as an excuse for a lack of transparency in the operation of ANSPs and for blocking public access to information.
Initiatives aimed at improving capacity and safety should be clearly communicated to ensure that the fees charged to carriers are properly utilized and that the airspace is managed efficiently and safely.
What to expect
This fourth reference period (RP4) is no cause for optimism, but rather points to further cost increases. Consumers, who will most likely be forced to pay higher charges and face numerous difficulties when travelling, may be harmed by the lack of decisive reactions from air carriers and the acceptance of higher charges for ANSPs by the aviation authority and Eropean Commision.
Passengers as end-customers, not to mention airlines, have the right to know where their money is being spent, what the real impact of that spending is, and what the reasons are for flight cancellations or delays. The fact that air navigation service providers are not funded by taxes cannot be an excuse for a lack of transparency in the use of funds collected from consumers.
The airlines, being drawn into the narrative of the social organisations representing ATCOs, emphasise the need to increase the employment of air traffic controllers. Rather, they should focus on management issues, urging service providers and the Commission to make changes that can deliver tangible short-term benefits instead of waiting years for staff training, which is the responsibility of air traffic controllers from start to finish. It would be worthwhile to call for legislative changes at EU level to regulate the organisation of work for licensed staff and limit the possibility of implementing different solutions at national level.
Now that it has been possible to prepare EU regulations to standardise the training and operation of ANSPs, perhaps it is time to introduce regulations to standardise the working hours and working rules of air traffic controllers across Europe. The introduction of a single working time allocation, a defined rostering and a system for planning work and rest, similar to that for flight crews, could be a game-changer in addressing the staffing shortage.This step would allow for the utilization of existing reserves to increase the work efficiency of air traffic controllers in most ANSPs.
In the long term, harmonisation of working time and rest requirements could contribute to better management of human resources, improved working conditions for air traffic controllers and increased safety and efficiency of air traffic throughout the European Union. Only then would it be possible to truly assess shortages and update needs and changes in the financing of air navigation services, thus ensuring a more efficient use of resources and an increase in the quality of services provided.
On July 22 of this year, Airlines for Europe (A4E) published an open letter calling on the European Commissioner for Transport to take immediate action to address the severe capacity shortages in European airspace. This summer, Europe’s airlines have been forced to delay or cancel thousands of flights, impacting hundreds of thousands of passengers.
A4E highlights that „The most recent data from Eurocontrol for the week of 8-14 July, show that total Air Traffic Flow Management (ATFM) delays grew by 68% year on year for A4E airlines, with ATC capacity and ATC staffing issues causing 53% of these delays. The total amount of delays for the week was just under 700,000 minutes affecting over 34,000 flights which represents an average delay of 20 mins per flight.”
The statement emphasizes that Despite Europe’s ATC fees rising to record levels (up 15% in the last 3 years), the 2023 was one of the worst years for ATC performance in two decades according to the latest Eurocontrol performance report.
On July 23, Ryanair announced its latest financial results. The report noted that during the last ten days of June, the airline experienced significant capacity restrictions from air traffic control providers. This resulted in numerous delays and flight cancellations, particularly affecting morning flights. The carrier emphasized that it is more necessary than ever for the new European Commission and Parliament to implement the long-awaited reform of Europe's hopelessly inefficient air traffic control services.
We have repeatedly pointed out in PolskaSky that Air Navigation Service Providers (ANSPs) are funded by fees collected from airlines. It should be noted, and this is often overlooked, that these costs are included in the price of the air ticket, which means that passengers, as end customers, are the actual payers.
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