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Document 52020PC0649

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Civil Aviation Organization as regards notification of differences to Annexes 1, 3, 4, 6, Parts I, II and III, 10, Volumes I and II, 11, 14, Volumes I and II, 15 and 16, Volumes I, II and III, to the Convention on International Civil Aviation and in the Council of the International Civil Aviation Organization in respect of the adoption of Amendments 46 and 39 to Annex 6, Parts I and II, to that Convention, related to deferral of the future equipage requirement for 25-hour cockpit voice recorder (CVR) to avoid unintended consequences due to the COVID-19 contingency.

COM/2020/649 final

Brussels, 9.10.2020

COM(2020) 649 final

2020/0290(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the International Civil Aviation Organization as regards notification of differences to Annexes 1, 3, 4, 6, Parts I, II and III, 10, Volumes I and II, 11, 14, Volumes I and II, 15 and 16, Volumes I, II and III, to the Convention on International Civil Aviation and in the Council of the International Civil Aviation Organization in respect of the adoption of Amendments 46 and 39 to Annex 6, Parts I and II, to that Convention, related to deferral of the future equipage requirement for 25-hour cockpit voice recorder (CVR) to avoid unintended consequences due to the COVID-19 contingency.


EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns:

-    the position to be taken on the Union’s behalf at the International Civil Aviation Organization (ICAO) on the differences to be notified to ICAO regarding the following Amendments to Annexes to the Convention on International Civil Aviation adopted by the ICAO Council in its 219th session and published by:

– ICAO State Letter 20/19 to the Adoption of Amendment 176 to Annex 1

– ICAO State Letter 20/16 to the Adoption of Amendment 79 to Annex 3

– ICAO State Letter 20/23 to the Adoption of Amendment 61 to Annex 4

– ICAO State Letter 20/18 to the Adoption of Amendment 44 to Annex 6, Part I

– ICAO State Letter 20/31 to the Adoption of Amendment 37 to Annex 6, Part II

– ICAO State Letter 20/32 to the Adoption of Amendment 23 to Annex 6, Part III

– ICAO State Letter 20/20 to the Adoption of Amendment 92 to Annex 10, Volume I

– ICAO State Letter 20/21 to the Adoption of Amendment 92 to Annex 10, Volume II

– ICAO State Letter 20/39 to the Adoption of Amendment 52 to Annex 11

– ICAO State Letter 20/35 to the Adoption of Amendment 15 to Annex 14, Volume I

– ICAO State Letter 20/22 to the Adoption of Amendment 9 to Annex 14, Volume II

– ICAO State Letter 20/24 to the Adoption of Amendment 41 to Annex 15

– ICAO State Letter 20/28 to the Adoption of Amendment 13 to Annex 16, Volume I

– ICAO State Letter 20/29 to the Adoption of Amendment 10 to Annex 16, Volume II

– ICAO State Letter 20/30 to the Adoption of Amendment 1 to Annex 16, Volume III

-    the position to be taken on the Union’s behalf in the 221st session of the Council of ICAO for the envisaged adoption of Amendments 46 and 39 to Annex 6, Parts I and II related to deferral of the future equipage requirement for twenty-five hour cockpit voice recorder (CVR) to avoid unintended consequences due to the COVID-19 contingency;

-    the position to be taken on the Union’s behalf after the ICAO announces the adoption of the Amendments 46 and 39 to Annex 6, Parts I and II in a State Letter, inviting Member States to either notify its disapproval, to notify any differences or its compliance with the adopted measure.

2.Context of the proposal

2.1.The Convention on International Civil Aviation

The Convention on International Civil Aviation (‘the Chicago Convention’) aims to regulate international air transport. The Chicago Convention entered into force on 4 April 1947 and established the International Civil Aviation Organization.

All EU Member States are Parties to the Chicago Convention.

2.2.The International Civil Aviation Organization

The International Civil Aviation Organization is a specialized agency of the United Nations. The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport.

The ICAO Council is a permanent body of ICAO with a membership of 36 contracting States elected by the ICAO Assembly for a period of three years. For the period of 2019-2022, there are seven EU Member States represented in the ICAO Council.

Mandatory functions of the ICAO Council, listed in Article 54 of the Chicago Convention, include the adoption of international standards and recommended practices (SARPs), designated as Annexes to the Chicago Convention.

Following the adoption of such measures, ICAO States are required to notify either their disapproval, any differences or their compliance with the measure before they enter into force and become legally binding.

Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with respect to any such international standard or procedures or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard.

2.3.The adopted acts during the 219th session of the Council of the International Civil Aviation Organization and their relationship with the existing Union rules

During its 219th session, the ICAO Council has adopted Amendments to Annexes to the Chicago Convention as listed in Section 1 above. The ICAO State Letters informing the ICAO Contracting States about the adoption of the Amendments, remind the States of their obligations under Article 38 of the Chicago Convention to notify ICAO of any differences that may arise.

An overview of the various Amendments to the Annexes, as adopted by the ICAO Council at its 219th session are set out below, with further details set out in the Annex to the Council Decision proposed.

2.3.1.Amendment 176 to Annex 1 on Personnel Licensing

Amendment 176 to ICAO Annex 1 arises from recommendations developed by the ICAO Competency-based Training and Assessment Task Force (CBTA-TF) and the ICAO Secretariat, and concerns alignment with Amendment 5 to the Procedures for Air Navigation Services — Training (PANS-TRG, Doc 9868)/ new definitions, updates the requirements for flight operations officers/flight dispatchers, provides for an amendment to powered-lift aircraft provisions and postponement of their applicability, and introduces air traffic control on-the-job training instructor provisions.

The amendments affect Regulation (EU) 1178/2011 on aircrew 1 , Regulation (EU) 1321/2014 on continuing airworthiness 2 and Regulation (EU) 2015/340 on air traffic controllers 3 . The amendments are covered in substance by EU legislation. Some changes are necessary to align the wording of definitions, to reflect editorial amendments and a requirement on the supervision by an appropriate air traffic controller instructor. The latter, as well as the transposition of some definitions into EU rules, requires the filing of differences to ICAO for a limited period of time. It is envisaged that the relevant amendments to the EU rules will be made in 2020 and 2021.

2.3.2.Amendment 79 to Annex 3 on Meteorological Service for International Air Navigation

Following Amendment 79 to ICAO Annex 3, Commission Implementing Regulation (EU) No 2017/373 4 will need to be updated.

The large majority of amendments are considered to be of minimal impact to EU stakeholders and will be of overall benefit to safety and efficiency of operations. In a number of cases software updates will be required, and these are considered to be proportionate to the expected benefits and manageable. As such, it is anticipated that many of the amendments will be incorporated into EU regulations by the third quarter of 2021 without change, following the respective procedures initiated by the EASA. Until the adoption of those regulatory changes many of the amendments have to be notified as a difference.

2.3.3 Amendment 61 to Annex 4 on Aeronautical Charts

Commission Implementing Regulation (EU) 2017/373 in its point AIS.OR.325 ‘Aeronautical charts’ under point (a)(2) and (3) requires that an Aeronautical Information Service (AIS) provider shall ensure that among others, the aerodrome/heliport chart and the aerodrome ground movement chart, where made available, form part of the Aeronautical Information Publication (AIP) or are provided separately to recipients of the AIP. The regulatory framework will be changed during 2020 to accommodate this Amendment. Consequently, no differences should exist on 4 November 2021 between the regulations and/or practices of the Union and the provisions of Annex 4, including all amendments up to and including Amendment 61.

2.3.4.Amendment 44 to Part I of Annex 6 on Operations of Aircraft All weather operations

Until the amendment to Regulation (EU) No 965/2012 reflecting the Amendment 44 to Part I of Annex 6 is done, differences should be notified with respect to Standard 4.2.8.2 and the definitions. To be noted that Member States should have already notified a difference with respect to Standard 4.2.8.1.1, as Regulation (EU) 965/2012 currently only allows operational credits for head-up displays (HUDs) and enhanced vision systems (EVS) 5 .

2.3.4.1. Harmonization of terms for authorizations, acceptance and approvals (AAA)

This amendment requires the filing of a difference, although Member States should already have filed a difference against the Standards and Recommended Practices (SARPs) related to extended diversion time operations (EDTO), as this concept is not yet transposed into Regulation (EU) No 965/2012 6 (extended range operations of twin-engined aeroplane (ETOPS) is used instead) 7 .

2.3.4.2.Article 83 bis

The change in the Annex requires the carriage on-board of a certified true copy of the summary of the agreement concluded based on Article 83 bis of the Chicago Convention. Furthermore, the new Appendix 10 to Annex 6 Part I introduces a standardised form of an agreement summary. It contains all relevant information needed and provides a form for operators to carry for use during ramp inspections or other verification activities in order to mitigate misunderstandings when an Article 83 bis agreement is applicable to the aircraft being inspected. It further requires that the agreement summary be transmitted to ICAO when an Article 83 bis agreement is submitted for registration.

Under the legal framework established by Regulation (EU) 2018/1139 8 and its implementing and delegated acts, the transfer of the State of Registry (SoR) functions between EU Member States is carried out by the EU regulatory system in a way that fully meets the objectives of Article 83 bis of the Chicago Convention. This system is applicable to any aircraft on the register of any EU Member State that is operated by an operator having its principal place of business in another EU Member State that fulfils the responsibilities of the State of the Operator.

It is considered that the newly adopted SARPs will create additional administrative burden for operators to solve a (non-safety) issue for ramp inspectors. Furthermore, ICAO is amending its Rules for Registration to provide for registration of Article 83 bis agreements through an interactive web-based system. If such system can be accessed globally, a carriage of the document on board aircraft requirement is even more questionable.

It is not foreseen to amend Regulation (EU) 965/2012 to ensure compliance with this particular standard.

Therefore, a difference with the new ICAO SARPs should be notified.

2.3.4.3.        Reliable power source for lightweight flight recorders

Crash protected flight recorders (such as flight data recorder (FDR) or cockpit voice recorder (CVR)) are required to be installed with electrical power from a source that provides maximum reliability for their operation. No such provisions exist for lightweight recorders (such as cockpit audio recording system (CARS) or aircraft data recording systems (ADRS)). A new Standard applicable to aeroplanes with an initial Certificate of Airworthiness issued after 2016 has been introduced (Standard 1.6 of Annex 6 Part I Appendix 8) for lightweight recorders to be connected to a power source that ensures proper and reliable recording in their operational environment.

Regulation (EU) No 965/2012 requires the carriage of a lightweight flight recorder for some categories of light aeroplanes that are operated for commercial air transport (CAT), if the aircraft concerned is first issued with an individual certificate of airworthiness (CofA) on or after 5 September 2022 (refer to point CAT.IDE.A.191 of Annex IV (Part-CAT) to Regulation (EU) No 965/2012). If the new Standard 1.6 of Annex 6 Part I Appendix 8 is transposed into the EU requirements, it would only be applicable to these categories of light aeroplanes unless a further assessment of the transposition of this standard into the EU rules and expansion of the applicability range would prove to be beneficial for the safety and efficiency of operations. In addition, because the new Standard is located in an Appendix to Annex 6 Part I, a statement of compliance or difference with regard to the Appendix should be made with respect to the Standard prescribing the carriage of a lightweight flight recorder and referring to that Appendix. Therefore a difference should be notified.

2.3.4.4.    Recording of data link communications messages

Standard 6.3.3.1.2 of Annex 6 Part I was not transposed into Regulation (EU) No 965/2012. Member States should already have filed a difference with that Standard 9 . With Amendment 44, the difference will be maintained.

2.3.4.5.    The location of an aircraft in distress

Provisions regarding the location of an aeroplane in distress were transposed into point CAT.GEN.MPA.210 of Annex IV (Part-CAT) to Regulation (EU) No 965/2012, which is applicable to some categories of aeroplanes first issued with an individual CofA on or after 1 January 2023. The amendment to Standard 6.18.1 will align better this Standard with CAT.GEN.MPA.210 applicable to aeroplanes first issued with an individual CofA on or after 1 January 2023. However, the filed difference with Standard 6.18.1 should remain because the maximum certified take-off mass (MCTOM) and maximum operational passenger seating configuration (MOPSC) criteria are different between Standard 6.18.1 and CAT.GEN.MPA.210.

2.3.5.Amendment 37 to Part II of Annex 6 on Operations of Aircraft

2.3.5.1.    All weather operations

Until the amendment to Regulation (EU) No 965/2012 is done, differences should be notified with respect to the definitions. Member States should have already filed a difference against 2.2.2.2.1.1, as Regulation (EU) 965/2012 currently only allows operational credits for HUDs and EVS 10 .

Member States should have already filed a difference against 2.2.2.2.1, as in Annex VI (Part-NCC) of Regulation (EU) 965/2012 the rule is addressed to the operator, not the pilot-in-command; for low visibility operations (LVO), it is the competent authority as established by Annex V (Part-SPA) to Regulation (EU) No 965/2012.

2.3.5.2.    Article 83 bis

The change in the Annex requires the carriage on-board of a certified true copy of the summary of the agreement concluded based on Article 83 bis of the Chicago Convention. Furthermore, the new Appendix 10 to Annex 6 Part I introduces a standardised form of an agreement summary. It contains all relevant information needed and provides a form for operators to carry for use during ramp inspections or other verification activities in order to mitigate misunderstandings when an Article 83 bis agreement is applicable to the aircraft being inspected. It further requires that the agreement summary be transmitted to ICAO when an Article 83 bis agreement is submitted for registration.

Under the legal framework established by Regulation (EU) 2018/1139 and its implementing and delegated acts, the transfer of the State of Registry (SoR) functions between EU Member States is carried out by the EU regulatory system in a way that fully meets the objectives of Article 83 bis of the Chicago Convention. This system is applicable to any aircraft on the register of any EU Member State that is operated by an operator having its principal place of business in another EU Member State that fulfils the responsibilities of the State of the Operator.

It is considered that the new SARPs will create additional administrative burden for operators to solve a (non-safety) issue for ramp inspectors.

Furthermore, ICAO is amending its Rules for Registration to provide for registration of Article 83 bis agreements through an interactive web-based system. If such system can be accessed globally, a carriage of the document on board aircraft requirement is even more questionable.

It is not foreseen to amend Regulation (EU) 965/2012 to ensure compliance with this particular standard.

Differences should therefore be notified with respect to the new ICAO SARPs.

2.3.6.Amendment 23 to Part III of Annex 6 on Operations of Aircraft

2.3.6.1.    All weather operations

Until the amendment of Regulation (EU) No 965/2012 is done, differences should be filed with respect to Standard 2.2.8.2 and definitions. Member States should already have filed a difference to 2.2.8.1.1, as Regulation (EU) 965/2012 currently only allows operational credits for HUDs and EVS 11 .

2.3.6.2.    Article 83 bis

The change in in the Annex requires the carriage on-board of a certified true copy of the summary of the agreement concluded based on Article 83 bis of the Chicago Convention. Furthermore, the new Appendix 10 to Annex 6 Part I introduces a standardised form of an agreement summary. It contains all relevant information needed and provides a form for operators to carry for use during ramp inspections or other verification activities in order to mitigate misunderstandings when an Article 83 bis agreement is applicable to the aircraft being inspected. It further requires that the agreement summary be transmitted to ICAO when an Article 83 bis agreement is submitted for registration.

Under the legal framework established by Regulation (EU) 2018/1139 and its implementing and delegated acts, the transfer of the State of Registry (SoR) functions between EU Member States is carried out by the EU regulatory system in a way that fully meets the objectives of Article 83 bis of the Chicago Convention. This system is applicable to any aircraft on the register of any EU Member State that is operated by an operator having its principal place of business in another EU Member State that fulfils the responsibilities of the State of the Operator.

It is considered that the newly adopted SARPs will create additional administrative burden for operators to solve a (non-safety) issue for ramp inspectors.

Furthermore, ICAO is amending its Rules for Registration to provide for registration of Article 83 bis agreements through an interactive web-based system. If such system can be accessed globally, a carriage of the document on board aircraft requirement is even more questionable.

At this stage in time it is not foreseen to propose any amendment to Regulation (EU) 965/2012 to ensure compliance with this particular standard.

Differences should therefore be notified with respect to the new ICAO SARPs.

2.3.6.3.    Flight recorders

Crash protected flight recorders (such as FDR or CVR) are required to be installed with electrical power from a source that provides maximum reliability for their operation. No such provisions exist for lightweight recorders (such as CARS or ADRS). A new Standard has been introduced (Standard 1.6 of Annex 6 Part III Appendix 4) for lightweight recorders to be connected to a power source that ensures proper and reliable recording in their operational environment.

Regulation (EU) No 965/2012 requires the carriage of a lightweight flight recorder for some categories of light helicopters that are used for CAT operations, if the aircraft concerned is first issued with an individual CofA on or after 5 September 2022 (refer to CAT.IDE.H.191 of Annex IV (Part-CAT) to Regulation (EU) No 965/2012). If the Standard 1.6 of Annex 6 Part III Appendix 4 is transposed into the EU requirements, it would only be applicable to these categories of light helicopters unless a further assessment of the transposition of this standard into the EU rules and expansion of the applicability range would prove to be beneficial for the safety and efficiency of operations. In addition, because the new Standard is located in an Appendix of Annex 6 Part III, a statement of compliance or difference with regard to the Appendix should be made against the Standard prescribing the carriage of a lightweight flight recorder and referring to that appendix. Standard 4.3.1.1.4 prescribes the carriage of a flight recorder for helicopters with MCTOM of less than 3 175 kg, and this recorder may be an ADRS.

There is no CARS carriage requirement in Annex 6 Part III. Therefore a difference should be notified with respect to Standard 4.3.1.2.4, to specify that in the case an ADRS is used, there currently is no EU requirement addressing the reliability of its power source.

2.3.6.4.    Recording of data link communications messages

Standards 4.3.3.1.2 and 4.7.3.1.1.1 of Annex 6 Part III were not transposed into Regulation (EU) No 965/2012. Member States should already have filed a difference with that Standard 12 . With amendment 23, the difference will be maintained.

2.3.7.Amendment 92 to Annex 10 Volume I on Aeronautical Telecommunications

ICAO Annex 10, Volume I, up to and including Amendment 89, is referred to in CNS.TR.100 of Subpart B of Annex VIII to Regulation (EU) 2017/373, ‘Working methods and operating procedure for providers of communication, navigation or surveillance services’. This provision is intended to be changed to include the amendments up to and including Amendment 92 proposed in ICAO State Letter 20/20 in the previously referred CS.TR.100. Henceforth, for provisions impacted by Amendments up to 92 differences should be notified.

2.3.8.Amendment 92 to Annex 10 Volume II on Aeronautical Telecommunications

This is a consequential amendment resulting from Amendment 79 to Annex 3 (Meteorological Service for International Air Navigation) which affects the aeronautical fixed service (AFS).

ICAO Annex 10, Volume II, up to and including Amendment 89, is referred to in CNS.TR.100 of Subpart B of Annex VIII to Regulation (EU) 2017/373, ‘Working methods and operating procedure for providers of communication, navigation or surveillance services’. This provision is intended to be changed to include the amendments up to and including Amendment 92 proposed in ICAO State Letter 20/21 in the previously should be notified with respect to the amended SARPs.referred CS.TR.100. Therefore, differences

2.3.9.Amendment 56 to Annex 11 on Air Traffic Services

Regarding the coordination of activities potentially hazardous to civil aircraft, as already foreseen in point 2.19.1 of Chapter 2 of Annex 11, Implementing Regulation (EU) 2020/469 13 introduced Article 3c to Regulation (EU) 2017/373 laying down corresponding requirements that will become applicable as of 27 January 2022. The additional requirements introduced by Amendment 52 to Chapter 2 concerning safety risk assessment is expected to be addressed in due time. Until adoption of the corresponding Regulation, differences should be notified.

The newly adopted standards of Chapter 3 of Annex 11 on the requirement for drivers of operational vehicles to read back safety-related parts of the instructions which are transmitted by voice, are already addressed in the proposed amendment to Regulation (EU) No 139/2014 14 , that is expected to be published by the end of 2020. In order to align this regulation with Regulation (EU) No 923/2012 (Standardised European Rules of the Air (SERA)), these requirements, as well as the requirement for the air traffic controller to listen to the read-back, is to be addressed in due course. Paragraph (e) of SERA.8015 Air traffic control clearances of Regulation (EU) No 923/2012 contains the requirements on read-back of clearances and safety-related information, and mainly considers the communication between flight crew and air traffic controller. The amendment of this point of SERA would allow for the compliance with Amendment 52 of Annex 11 by 2023.

Until adoption of the corresponding Regulation, differences should be notified.

2.3.10.Amendment 15 to Annex 14 Volume I on Aerodromes

The amendments to the provisions of Chapter 3, 5 and 9 would necessitate the amendment of certain EASA certification specifications, which are planned to be adopted by Q3/2021. Until adoption, the filing of differences for these chapters would be necessary. Therefore, differences should be notified with respect to the amended SARPs.

2.3.11.Amendment 9 to Annex 14 Volume II on Aerodromes

The analysis of the changes introduced in Annex 14 Volume II indicates that their transposition would necessitate amendments that are mostly related to the heliport design certification specifications. Such future amendments would address the changes introduced in Chapters 1, 3, 4, and 5 of Annex 14 Volume II. However, in some cases, it is not considered appropriate to amend the current specifications (e.g. specifications for heliport lighting systems), as already indicated in the recommendation to ICAO State Letter A4/1.1.58-18/97.

In other cases, the amendments to the provisions of Annex 14 Volume II (in chapter 2 and 6) would necessitate the amendment of the regulatory framework introduced by Regulation 139/2014 itself.

Thus, relevant differences should be notified until the amendment of the relevant EU regulatory provisions is performed.

2.3.12.Amendment 41 to Annex 15 on Aeronautical Information Services

The amendments aim to improve the information on the hazardous activities to civil aviation promulgated through Notice to Airmen (NOTAM), addressing the specific case of conflict zones.

Regulation (EU) 2017/373, as amended by Regulation (EU) 2020/469, includes the latest ICAO Annex 15 SARPs and Procedures for Air Navigation Services — Aeronautical Information Management (PANS-AIM) provisions in Annex VI (Part-AIS). However, there is a need to notify a difference because the amendments adopted by ICAO are not yet included in Annex VI (Part-AIS) to Regulation (EU) 2017/373.

2.3.13.Amendment 13 to Annex 16 Volume I on Environmental Protection

The applicable amendment of Annex 16 is foreseen in the first sub-paragraph of Article 9(2) of Regulation (EU) 2018/1139 and it shall come into force on 1 April 2022.

However, according to the ICAO State Letter 20/28, the date of applicability of Amendment 13 to Annex 16 Volume I is 1 January 2021.

A difference will exist until 31 March 2022 between the EU regulations and/or practices and the provisions of Annex 16, Volume I, including all amendments up to and including Amendment 13. Therefore a difference that will last until 31 March 2022 should be notified.

2.3.14.Amendment 10 to Annex 16 Volume II on Environmental Protection

The applicable amendment to Annex 16 Volume II is foreseen in the first sub-paragraph of Article 9(2) of Regulation (EU) 2018/1139.

According to the ICAO State Letter 20/29, the date of applicability of Amendment 10 to Annex 16 Volume II is 1 January 2021. The relevant amendment through the respective EASA process is foreseen. However, a difference will exist until 31 March 2022 between the EU regulations and/or practices and the provisions of Annex 16, Volume II, including all amendments up to and including Amendment 10. Therefore a difference should be notified.

2.3.15.Amendment 1 to Annex 16 Volume III on Environmental Protection

According to the ICAO State Letter 20/30, the date of applicability of Amendment 1 to Annex 16 Volume III is 1 January 2021. The corresponding amendment of Annex 16 Volume III is foreseen in the first sub-paragraph of Article 9(2) of Regulation (EU) 2018/1139.

A difference will however exist until 1 April 2022 between the EU regulations and/or practices and the provisions of Annex 16, Volume III, including all amendments up to and including Amendment 13.

2.4.The envisaged adoption of Amendments 46 and 39 to Annex 6, Parts I and II by the Council of the International Civil Aviation Organization related to deferral of the future equipage requirement for twenty-five hour cockpit voice recorder (CVR) to avoid unintended consequences due to the COVID-19 contingency

Amendments 46 and 39 to Annex 6, Parts I and II related to deferral of the future equipage requirement for twenty-five hour cockpit voice recorder (CVR) to avoid unintended consequences due to the COVID-19 contingency will be put for adoption at the 221st ICAO Council meeting.

The purpose of these Amendments to Annex 6 – Operation of Aircraft, Part I International Commercial Air Transport Aeroplanes and Part II International General Aviation - Aeroplanes to the Chicago Convention – is to postpone the new twenty-five hour cockpit voice recorder (CVR) recordings obligation until 1 January 2022 when the envisaged Amendments are to become legally binding on the parties to the Chicago Convention.

The equipage date for the CVR was set for 1 January 2021. The COVID-19 pandemic was declared in early 2020 and has since caused significant disruptions in aircraft manufacturing and supply chains for aircraft manufacturers.

3.Position to be taken on the Union's behalf

3.1.Differences to be notified

The 219th ICAO Council session held from 2 to 20 March 2020 adopted a number of Amendments to various Annexes of the Chicago Convention, in the areas of safety, environment and air navigation.

For each ICAO Annex, the Annex to the proposal for a Council Decision refers to the relevant Union legislation. All Amendments referred to fall within areas covered by Union law and hence under exclusive external Union competence. In addition, the Annex to the proposal for a Council Decision shows in detail the differences to be notified to ICAO. The list below identifies the need to notify differences to ICAO per Annex:

– State Letter 20/19 to the Adoption of Amendment 176 to Annex 1 – differences to be notified

– State Letter 20/16 to the Adoption of Amendment 79 to Annex 3 – differences to be notified

– State Letter 20/18 to the Adoption of Amendment 44 to Annex 6, Part I – differences to be notified

– State Letter 20/31 to the Adoption of Amendment 37 to Annex 6, Part II – differences to be notified

– State Letter 20/32 to the Adoption of Amendment 23 to Annex 6, Part III – differences to be notified

– State Letter 20/20 to the Adoption of Amendment 92 to Annex 10, Volume I – differences to be notified

– State Letter 20/21 to the Adoption of Amendment 92 to Annex 10, Volume II – differences to be notified

– State Letter 20/39 to the Adoption of Amendment 52 to Annex 11 – differences to be notified

– State Letter 20/35 to the Adoption of Amendment 15 to Annex 14, Volume I – differences to be notified

– State Letter 20/22 to the Adoption of Amendment 9 to Annex 14, Volume II – differences to be notified

– State Letter 20/24 to the Adoption of Amendment 41 to Annex 15 – differences to be notified

In this context, having regard to relevant Union legislation, the position to be taken on the Union’s behalf is to notify the differences in accordance with Article 38 of the Chicago Convention as set out in the Annex to the proposal for a Council Decision.

3.2.Amendments 46 and 39 to Annex 6, Parts I and II

The main change to be introduced by the proposal for Amendments 46 and 39 to Annex 6, Parts I and II to the existing Union rules is the postponement of the implementation date of the new twenty-five hour equipage rule originally envisaged for 1 January 2021 to 1 January 2022.

Due to the COVID-pandemic, the implementation of the new twenty-five hour equipage rule originally envisaged for 1 January 2021 is unrealistic also at Union level. The Commission, is in the process of adopting a postponement of that date at Union level, by way of amendments to the relevant Commission Regulation. 15 Therefore, the proposed deferral by ICAO should be supported. Furthermore, once the ICAO announces the adoption of the Amendments 46 and 39 to Annex 6, Parts I and II in a State Letter inviting Member States to either notify its disapproval, to notify any differences or its compliance with the adopted measure, the position of the Union should be to notify compliance.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Unions behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a party to the agreement 16 .

The concept of acts having legal effects includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are capable of decisively influencing the content of the legislation adopted by the EU legislature 17 .

4.1.2.Application to the present case

The ICAO Council is a body set up by an agreement, namely the Convention on International Civil Aviation (‘Chicago Convention’).

In accordance with Article 54 of the Chicago Convention, the ICAO Council adopts international Standards and Recommended Practices, designated as Annexes to the Chicago Convention. These are acts having legal effects. Certain legal effects of these acts could depend on the submission of notification of differences, and on the terms of those notifications. Therefore, the adoption of the Union position in respect of such notifications falls within the scope of Article 218(9) TFEU.

Differences to be notified in reply to ICAO State letters as listed above have an incidence on the legal effects deployed by the standards established under the Chicago Convention.

Those legal effects fall within an area covered by Union rules, namely Regulation (EU) 2018/1139, Regulation (EU) 2017/373, Regulation (EU) 965/2012, Regulation (EU) 2020/469 and Regulation (EU) 139/2014. This entails that, in accordance with Article 3(2) of the TFEU, the Union has exclusive external competence in this matter.

The adopted acts do not supplement or amend the institutional framework of the agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the adopted act in respect of which a position is taken on the Union's behalf. If the adopted act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.2.2.Application to the present case

The main objective and content of the adopted act relate to the common transport policy.

Therefore, the substantive legal basis of the proposed decision is Article 100(2) TFEU.

4.3.Conclusion

The legal basis of the proposed Council Decision is Article 100(2) TFEU, in conjunction with Article 218(9) TFE



2020/0290 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the International Civil Aviation Organization as regards notification of differences to Annexes 1, 3, 4, 6, Parts I, II and III, 10, Volumes I and II, 11, 14, Volumes I and II, 15 and 16, Volumes I, II and III, to the Convention on International Civil Aviation and in the Council of the International Civil Aviation Organization in respect of the adoption of Amendments 46 and 39 to Annex 6, Parts I and II, to that Convention, related to deferral of the future equipage requirement for 25-hour cockpit voice recorder (CVR) to avoid unintended consequences due to the COVID-19 contingency.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Convention on International Civil Aviation (‘the Chicago Convention’) which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO).

(2)The Member States are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. There are seven Member States represented in the ICAO Council.

(3)Pursuant to Article 54 of the Chicago Convention, the ICAO Council may adopt international Standards and Recommended Practices (‘SARPs’).

(4)Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any such international standard or procedures or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, should give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.

(5)During its 219th session, held from 2 to 20 March 2020, the ICAO Council adopted Amendments to Annexes 1, 3, 4, 6 (Part I, II and III), 10 (Volume I and II), 11, 14 (Volume I and II), 15, and 16 (Volume I, II and III) to the Chicago Convention, in the areas of safety, environment and air navigation. The corresponding ICAO State Letters informing the ICAO Contracting States about the adoption of the Amendments remind the States of their obligations under Article 38 of the Chicago Convention to notify ICAO of any differences that may arise.

(6)All amendments adopted by the ICAO Council fall within areas covered by Union law and are therefore under exclusive external Union competence. Indeed, the new SARPs are capable of decisively influencing the content of Union law, namely Regulation (EU) 2018/1139 of the European Parliament and of the Council

(7) 18 , Commission Implementing Regulation (EU) 2017/373 19 , Commission Regulation (EU) 965/2012 20 , Commission Implementing Regulation (EU) 2020/469 21 and Commission Regulation (EU) 139/2014 22 .

(8)Several Amendments to the Annexes to the Chicago Convention are already part of the Union-wide legislation while others are in the process of being introduced in Union rules.

(9)For each amended Annex to the Chicago Convention, the Annex to this Decision refers to the relevant Union legislation. In addition, the Annex to this Decision shows in detail the differences to be notified to ICAO.

(10)It is therefore appropriate to establish the position to be taken on the Union's behalf in reply to ICAO State letters, which is to notify compliance, notify differences or disagreement with new SARPs adopted at the 219th session of the ICAO Council with respect to Annexes 1, 3, 4, 6, 1, 10, 11, 14, 15, and 16 to the Chicago Convention.

(11)The COVID-19 global pandemic has negatively impacted aircraft operators, aircraft manufacturers and sub-tier suppliers to equipment manufacturers and have delayed the development of new systems. Aircraft operators are cancelling or deferring aircraft deliveries, resulting in aircraft intended for delivery in 2020 to be deferred to 2021. A newly manufactured aircraft configured for a 2020 delivery which has been delayed until 2021 requires reconfiguration to the applicable provisions after 1 January 2021. Aircraft operators and aircraft manufacturers face undue financial burden if those aircraft need to be retrofitted. Therefore, the Commission is in the process of adopting a postponement of that date at Union level, by way of amendments to Regulation (EU) No 965/2012.The cockpit voice recorder (‘CVR’) is used in support of accident and incident investigation. A delay in implementation of CVR duration from two hours to twenty-five hours poses no significant safety risk, but does align the safety benefit of a longer duration cockpit voice recording with current realities facing the aviation industry. The Union is a strong supporter of the efforts by ICAO to improve aviation safety. However, considering the unprecedented situation caused by the COVID-19 pandemic and the absence of a significant safety risk, the Union should, therefore, support those Amendments.

(12)The Union's position during the 221st session of the ICAO Council with regard to the envisaged Amendments 46 and 39 to Annex 6, Parts I and II, should be to support these amendments, to be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly on behalf of the Union.

(13)The Union’s position after the adoption of Amendments 46 and 39 to Annex 6, Parts I and II, by the ICAO Council, to be announced by the ICAO Secretary General via an ICAO State Letter procedure, should be to notify compliance with those Amendments and is to be expressed by all the Member States of the Union.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf in reply to the:

ICAO State Letter 20/19 to the Adoption of Amendment 176 to Annex 1,

ICAO State Letter 20/16 to the Adoption of Amendment 79 to Annex 3,

ICAO State Letter 20/23 to the Adoption of Amendment 61 to Annex 4 ,

ICAO State Letter 20/18 to the Adoption of Amendment 44 to Annex 6, Part I,

ICAO State Letter 20/31 to the Adoption of Amendment 37 to Annex 6, Part II,

ICAO State Letter 20/32 to the Adoption of Amendment 23 to Annex 6, Part III,

ICAO State Letter 20/20 to the Adoption of Amendment 92 to Annex 10, Volume I,

ICAO State Letter 20/21 to the Adoption of Amendment 92 to Annex 10, Volume II,

ICAO State Letter 20/39 to the Adoption of Amendment 52 to Annex 11,

ICAO State Letter 20/35 to the Adoption of Amendment 15 to Annex 14, Volume I,

ICAO State Letter 20/22 to the Adoption of Amendment 9 to Annex 14, Volume II,

ICAO State Letter 20/24 to the Adoption of Amendment 41 to Annex 15,

ICAO State Letter 20/28 to the Adoption of Amendment 13 to Annex 16, Volume I,

ICAO State Letter 20/29 to the Adoption of Amendment 10 to Annex 16, Volume II,

ICAO State Letter 20/30 to the Adoption of Amendment 1 to Annex 16, Volume III,

issued by the International Civil Aviation Organization (ICAO), is set out in the Annex to this Decision.

Article 2

(1)The position to be taken on the Union's behalf in the 221st session of the ICAO Council shall be to support the proposed Amendments 46 and 39 to Annex 6, Parts I and II, to the Convention on International Civil Aviation (‘Chicago Convention’) in their entirety.

(2)The position to be taken on the Union’s behalf after the adoption by the ICAO Council of Amendments 46 and 39 to Annex 6, Parts I and II, to the Chicago Convention shall be to notify compliance with the adopted measure in reply to the respective ICAO State letter.

Article 3

(1)The position referred to in Article 1 and Article 2(2) shall be expressed by all the Member States of the Union.

(2)The position referred to in Article 2(1) shall be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly.

Article 4

This Decision is addressed to the Member States.

Done at Brussels,

   For the Council

   The President

(1)    Commission Regulation (EU) No 1178/2011of 3 November 2011laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, OJ L 311, 25.11.2011, p. 1.
(2)    Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, OJ L 362, 17.12.2014, p. 1.
(3)    Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011OJ L 63, 6.3.2015, p. 1.
(4)

   Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011, OJ L 62, 8.3.2017, p. 1.

(5)    In a response to Amendment 38 of Annex 6, Part I as announced by the State Letter An 11/1.3.27-14/9
(6)

    Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council , OJ L 296, 25.10.2012, p. 1.

(7)    In a response to Amendment 38 of Annex 6, Part I as announced by the State Letter An 11/1.3.27-14/9
(8)    Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91, OJ l 212, 22.8. 2018, p. 1.
(9)    In a response to Amendment 43 of Annex 6, Part I as announced by the State Letter An 11/1.3.32-18/12
(10)    See footnotes 9
(11)    See footnote 9
(12)    See footnote 9
(13)    Commission Implementing Regulation (EU) 2020/469 of 14 February 2020 amending Regulation (EU) No 923/2012, Regulation (EU) No 139/2014 and Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality, runway safety and repealing Regulation (EC) No 73/2010, OJ L 104, 3.4.2020, p. 1.
(14)    Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, OJ L 44, 14.2.2014, p. 1.
(15)

   Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, OJ L 296, 25.10.2012, p. 1. See the Air Operations Rule, points CAT.IDE.A.185(c)(1) and NCC.IDE.A.160(b)(1).

(16)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraph 64.
(17)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.
(18)    Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ l 212, 22.8. 2018, p. 1).
(19)    Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1).
(20)     Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
(21)    Commission Implementing Regulation (EU) 2020/469 of 14 February 2020 amending Regulation (EU) No 923/2012, Regulation (EU) No 139/2014 and Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality, runway safety and repealing Regulation (EC) No 73/2010 (OJ L 104, 3.4.2020, p. 1).
(22)    Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, p. 1).
Top

Brussels, 9.10.2020

COM(2020) 649 final

ANNEX

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union in the International Civil Aviation Organization as regards notification of differences to Annexes 1, 3, 4, 6, Parts I, II and III, 10, Volumes I and II, 11, 14, Volumes I and II, 15 and 16, Volumes I, II and III, to the Convention on International Civil Aviation and in the Council of the International Civil Aviation Organization in respect of the adoption of Amendments 46 and 39 to Annex 6, Parts I and II, to that Convention, related to deferral of the future equipage requirement for 25-hour cockpit voice recorder (CVR) to avoid unintended consequences due to the COVID-19 contingency


ANNEX

Differences to be notified to the International Civil Aviation Organization, in respect of a number of adopted Amendments to Annexes to the Chicago Convention

1.Differences to be notified

The 219th ICAO Council session, held from 2 March to 20 March 2020, adopted a number of Amendments to various Annexes to the Chicago Convention, in the areas of safety, environment and air navigation. In that context, having regard to relevant Union legislation, the differences shall be notified to ICAO as follows.

1.1.Amendment 176 to Annex 1 on Personnel Licensing

Differences shall be notified

1.2.Amendment 79 to Annex 3 on Meteorological Service for International Air Navigation

Differences shall be notified

1.3.Amendments 44, 37, 23 respectively to Parts I, II and III of Annex 6 on Operations of Aircraft

Part I: Differences shall be notified
Part II: Differences shall be notified

Part III: Differences shall be notified

1.4.Amendment 92 to Annex 10 on Aeronautical Telecommunications, Volume I and II

Volume I: Differences shall be notified
Volume II: Differences shall be notified

1.5.Amendment 52 to Annex 11 on Air Traffic Services

Differences shall be notified

1.6.Amendments 15 and 9 to Annex 14 on Aerodromes, Volume I and II

Volume I: Differences shall be notified Volume II: Differences shall be notified

1.7.Amendment 41 to Annex 15

Difference shall be notified

1.8.Amendments 13, 10, and 1 to Annex 16 on Environment, Volumes I, II and III

Volume I: Differences shall be notified
Volume II: Differences shall be notified
Volume III: Differences shall be notified



2.Details of the Differences that shall be notified

2.1.Amendment 176 to Annex 1 on Personnel Licensing

2.1.1.Description

The amendment arises from recommendations developed by the ICAO Competency-based Training and Assessment Task Force (CBTA-TF) and the ICAO Secretariat, and concerns alignment with Amendment 5 to the Procedures for Air Navigation Services — Training (PANS-TRG, Doc 9868), new definitions, updates the requirements for flight operations officers/flight dispatchers, amendment to powered-lift aircraft provisions and postponement of their applicability, and introduction of air traffic control on-the-job training instructor provisions.

2.1.2.Relevant Union Law

Commission Regulation (EU) No 1178/2011 1

Commission Regulation (EU) 2015/340 2

2.1.3.Table of differences that shall be notified for amendment 176 to Annex 1

Annex provision

Difference category

Details of difference

Remarks

CHAPTER 1. DEFINITIONS AND GENERAL RULES CONCERNING LICENCES

1.1 Definitions

Competency;

Competency Element;

Competency Unit;

Error management; Performance criteria; Threat management.

C

Regulation (EU) 1178/2011 includes these definitions as specified in ICAO Annex 1, 12th edition 2018.

Regulation (EU) 2015/340 does not include the referenced definitions.

To address editorial issues, amendment to Regulation (EU) 1178/2011 is planned to be adopted under RMT.0587, ‘Regular update of regulations regarding pilot training, testing and checking and the related oversight’.

An amendment to Regulation (EU) 2015/340 will be considered in the future under RMT.0668, ‘Regular update of air traffic controller licensing rules’.

CHAPTER 1. DEFINITIONS AND GENERAL RULES CONCERNING LICENCES

1.1 Definitions

Competency-Based Training and Assessment;

Competency Standard; Conditions;

ICAO Competency Framework;

Monitoring;

Observable behaviour (OB);

Pilot flying (PF);

Pilot monitoring (PM).

C

EU regulations do not include these definitions.

Amendment to Regulation (EU) 1178/2011 is planned to be adopted under RMT.0587, ‘Regular update of regulations regarding pilot training, testing and checking and the related oversight’.

2.4.3 Specific requirements for the issue of the aeroplane category rating

2.4.3.1 Experience

2.4.3.1.1 Credit shall be limited to a maximum of 20 hours.

A

FCL.315 CPL together with Appendix 3 to Annex I (Part-FCL) of Reg. 1178/2011 allows a maximum of 10 hours credit.

1.2.8.2 and

APPENDIX 2. APPROVED TRAINING ORGANIZATION

3. Training programmes

B

FCL.115 LAPL, of FCL.210 PPL, FCL.315 CPL, and FCL.315(A), FCL.410.A MPL, FCL.515 ATPL, FCL930 FI, FCL.930FI FI, FCL.930.TRI TRI, FCL.930.CRI CRI, FCL930.IRI IRI, FCL930.SFI SFI, FCL930.MCCI MCCI, FCL930.ST STI, FCL.930.MI MI, FCL.930FTI FTI, Appendix 3 to Annex I, Appendix 5 to Annex I, and Appendix 6 to Annex I of Annex I (Part-FCL) of Commission Regulation (EU) 2011/1178 Flight Crew Licensing, ensure the necessary flexibility of training programmes.

CHAPTER 4 LICENCES AND RATINGS FOR PERSONNEL OTHER THAN FLIGHT CREW MEMBERS

4.4 Air traffic controller licence

4.4.1 Requirements for the issue of the licence

4.4.1.3 Experience

4.4.1.3.1

C

Regulation (EU) 2015/340 does not contain the requirement on the 3 months service.

Amendment to Regulation (EU) 2015/340 will be considered under Rulemaking Task RMT.0668, ‘Regular update of the air traffic controller licencing rules’. A notice of proposed amendment (NPA) is anticipated to be issued by end of 2020.

4.4.1.3.2 

A

EU regulation 2015/340 addresses the referenced standard in a detailed manner as regards experience and training of on-the-job training instructors.

No change to Regulation (EU) 2015/340, Part-ATCO is foreseen.

4.5 Air traffic controller ratings

4.5.2 Requirements for air traffic controller ratings

4.5.2.2 Experience

4.5.2.2.1 subparagraph b)

B

Part-ATCO to EU regulation 2015/340 addresses the referenced standard without imposing an additional obligation.

No change to Regulation (EU) 2015/340, Part-ATCO is foreseen.

4.5.2.2.1 subparagraph c)

C

EU regulations do not require Surveillance Radar Approach experience/training.

It is foreseen the standard to be addressed in the associated AMC to Part-ATCO of Regulation (EU) 2015/340 under RMT.0668, ‘Regular update of the air traffic controller licencing rules’. A notice of proposed amendment (NPA) is anticipated to be issued by end of 2020.

4.5.2.2.2

B

Part-ATCO to Regulation (EU) 2015/340 does not require the application for a rating to be made within six months from the completion of experience. However, the same regulation requires the privileges to be exercised within a time limit that shall not exceed 90 days.

The ATCO rule refers to 1 year, when the holder of a student air traffic controller licence has not started exercising the privileges of that licence from the date of its issue or has interrupted exercising those privileges for a period of more than one year. He/she then may only start or continue unit training in that rating after an assessment of his/her previous competence, as to whether he/she continues to satisfy the requirements relevant to that rating, and after satisfying any training requirements resulting from this assessment.

1.2.Amendment 79 to Annex 3 on Meteorological Service for International Air Navigation

1.2.1.Description

3 The Amendment, arising from the fourth meeting of the Meteorology Panel (METP/4), concerns the ICAO meteorological information exchange model (IWXXM), international airways volcano watch (IAVW), world area forecast system (WAFS), SIGMET, AIRMET and GAMET.

1.2.2.Relevant Union Law

4 Commission Implementing Regulation (EU) 2017/373

1.2.3.Table of differences that shall be notified for amendment 79 to Annex 3

Annex provision

Difference category

Details of difference

Remarks

ANNEX 3, Amendment 79, Chap 1. 1.1 ‘Definitions’; ‘Volcanic ash advisory centre (VAAC)’

C

In EU Rules, the definition of ‘volcanic ash advisory centre (VAAC)’ includes the text ‘following volcanic eruptions’.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the text ‘following volcanic eruptions’ is anticipated to be deleted and the definition of ‘volcanic ash advisory centre (VAAC)’ will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, Chap 3. 3.4 ‘Meteorological Watch Offices’; new provision 3.4.4

C

In EU rules, the recommendation that meteorological watch offices (MWO) should coordinate SIGMET with neighbouring MWO is not included.

Amendment to Regulation (EU) No 2017/373 is planned to be adopted by Q3 2021, at which point an equivalent requirement to that of ICAO Amendment 79 is anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, Chap 3. 3.7 ‘Tropical cyclone advisory centres’; provision 3.7 b).

C

In EU rules, the requirement to include changes in the intensity at time of observation (of tropical cyclone) is not included.

Amendment to Regulation (EU) No 2017/373 is planned to be adopted by Q3 2021, at which point the requirement to include changes in the intensity at time of observation (of tropical cyclone) is anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 1. ‘Model charts and forms’; MODEL VAG and MODEL SVA).

C

In EU rules, the updated model (example) charts depicting Mercator and Polar Stereographic projections for volcanic ash advisory in graphical format, and for SIGMET in graphical format are not included.

Amendment to Regulation (EU) No 2017/373 is planned to be adopted by Q3 2021, at which point updated model (example) charts depicting Mercator and Polar Stereographic projections are anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; 1.2 ‘Upper-air gridded forecasts’, provision 1.2.1

C

In EU rules, the following differences exist for this provision:

1) The reference to ‘clear air’ and ‘in-cloud’ (in the context of turbulence) is included;

2) The order of dissemination of forecasts is that of the order of production; and,

3) The time by which the dissemination shall be completed is 6 hours after standard time of observation.

Amendment to Regulation (EU) No 2017/373 is planned to be adopted by Q3 2021, at which point;

1) the deletion of ‘clear air’ and ‘in cloud’;

2) the deletion of a specified order of dissemination; and,

3) the completion of dissemination by 5 hours

are anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; 1.2 ‘Upper-air gridded forecasts’, to provision 1.2.2 g)

C

In EU rules, new turbulence layers centred at flight levels 100 (700 hPa), 140 (600 hPa), 180 (500 hPa), are not included.

Amendment to Regulation (EU) No 2017/373 is planned to be adopted by Q3 2021, at which point the new turbulence layers centred at flight levels 100 (700 hPa), 140 (600 hPa), 180 (500 hPa) including related Notes, are anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; 1.3 ‘Significant weather (SIGWX) forecasts’, to provision 1.3.1.1

C

In EU rules, the time by which the dissemination of the significant weather (SIGWX) forecasts shall be completed, is not later than 9 hours after standard time of observation.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point requirement to completion dissemination, by 7 hours under normal operations and by 9 hours after standard time of observation during backup operations, is anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; 1.3 ‘Significant weather (SIGWX) forecasts’, to provision 1.3.1.3

C

In EU rules, and noting the deferred applicability of the ICAO Amendment (4 Nov 2021), there are no requirements for World Area Forecast Centres to issue SIGWX forecasts in IWXXM code form.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the requirement for WAFCs to issue SIGWX forecasts in IWXXM code form are anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; 2.1 ‘Use of world area forecast system (WAFS) products’, provision 2.1.2

C

In EU rules, this provision is not transposed. Accordingly, and noting the deferred applicability of the ICAO Amendment (4 Nov 2021), there are no requirements for aerodrome meteorological offices to decode IWXXM data received from the WAFCs into standard WAFS charts.

MET.TR.215 of Commission Implementing Regulation (EU) 2017/373 is not explicit with regard to the use of WAFS products used in the preparation of meteorological information provided for flight documentation. No change to Regulation (EU) No 2017/373 in this regard is foreseen.

ANNEX 3, Amendment 79, App 2; 2.2 ‘Notification of WAFC concerning significant discrepancies’, provision 2.2

C

In EU rules, and noting the deferred applicability of the ICAO Amendment (4 Nov 2021), there are no requirements for aerodrome meteorological offices using IWXXM data received from the WAFC concerned to notify of significant discrepancies.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the requirements for the meteorological services provider (not just aerodrome meteorological offices), to inform the WAFC concerned of significant discrepancies when using IWXXM data is anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; Table A2-1 ‘Template for advisory message for volcanic ash’

C

In EU rules, the template does not include provisions for references to ‘UNKNOWN’ in the case of ‘State/Region’ section of the advisory. The references to; ‘SFC’ (surface) elevation and ‘UNKNOWN’ in the ‘Summit elevation’ section are not included. Examples and footnotes relating to ‘RE-SUSPENDED’ volcanic ash are not included.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the provisions for references to ‘UNKNOWN’ in the State/Region section; ‘SFC’ (surface) elevation and ‘UNKNOWN’ in the ‘Summit elevation’ section; and examples including ‘RE-SUSPENDED’ volcanic ash are anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; Example A2-1 ‘Template for advisory message for volcanic ash’

C

In EU rules, the change to the ‘volcano number’ in the example is not included.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the change to the ‘volcano number’ in the example is anticipated to be included and will be consistent with Amendment 79.

ANNEX 3, Amendment 79, App 2; Table A2-2 ‘Template for advisory message for tropical cyclone’

C

In EU rules, the template does not include:

1) provisions for including the change of intensity at time of observation of the tropical cyclone;

2) inclusion of the option ‘NIL’ with regard to observed cumulonimbus (CB) cloud.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the provisions for including the change of intensity at time of observation of the tropical cyclone and the inclusion of the option ‘NIL’ with regard to observed cumulonimbus (CB) cloud are anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; Example A2-2 ‘Advisory message for tropical cyclone’

C

In EU rules, the updated example does not include the item noting the change of intensity at time of observation of the tropical cyclone.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the item noting the change of intensity at time of observation of the tropical cyclone is anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 2; Table A2-3 ‘Template for advisory message for space weather information’

C

In EU rules, the function of space weather centres – and therefore Table A2-3 – is not currently included.

EASA will continue to monitor the developments of space weather provision. At the current time, there is no anticipated timescale for inclusion of the function of space weather centres in EU rules.

ANNEX 3, Amendment 79, App 3; Table A3-2 ‘Template for advisory message for METAR and SPECI

C

In EU rules, the use of the solidi (‘/’) as a ‘missing data’ indicator is not included explicitly.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the use of the solidi (‘/’) as a ‘missing data’ indicator in the EU context will have been considered for inclusion in EU rules.

ANNEX 3, Amendment 79, App 4; 2.6 ‘Turbulence’, provision 2.6.2

C

Chapter 5 and Annex 4 to ICAO Annex 3 are not transposed into EU regulation.

The provisions regarding reporting of turbulence in regard to ‘eddy dissipation rate’ (EDR) will be covered by Commission Implementing Regulation (EU) No 923/2012 (SERA) which addresses aircraft observations and reports by voice communication under Rulemaking task 0476, Regular Update of SERA. The provisions related to data link communication will be also considered in the framework of the future task related to data link operations.

ANNEX 3, Amendment 79, App 4; 2.6 ‘Turbulence’, provision 2.6.3

C

Chapter 5 and Annex 4 to ICAO Annex 3 are not transposed into EU regulation.

The provisions regarding reporting of turbulence in regard to ‘eddy dissipation rate’ (EDR) will be covered by Commission Implementing Regulation (EU) No 923/2012 (SERA) which addresses aircraft observations and reports by voice communication under Rulemaking task 0476, Regular Update of SERA. The provisions related to data link communication will be also considered in the framework of the future task related to data link operations.

ANNEX 3, Amendment 79, App 4; Table A4-1 ‘Template for the special air-report (downlink)

C

Chapter 5 and Annex 4 to ICAO Annex 3 are not transposed into EU regulation.

The provisions regarding reporting heavy dust storms will be covered by Commission Implementing Regulation (EU) No 923/2012 (SERA) that addresses aircraft observations and reports by voice communication under Rulemaking task 0476, Regular Update of SERA. The provisions related to data link communication will be also considered in the framework of the future task related to data link operations.

ANNEX 3, Amendment 79, App 5; 4.4 ‘Exchange’ and dissemination of area forecasts for low-level flights’, new provision 4.4.2

C

In EU rules, there is no reference to the dissemination of area forecasts for low-level flight to the aeronautical fixed service Internet-based services.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the dissemination of area forecasts for low-level flight to the aeronautical fixed service Internet-based services is anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 6; 4.2 ‘Criteria related to phenomenon including in SIGMET and AIRMET messages and special air-reports (uplink)’, new provision 4.2.6

C

In EU rules, the lower thresholds for severe and moderate turbulence are 0.7 and 0.4 respectively.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the lower thresholds for severe and moderate turbulence respectively are anticipated to be changed to 0.45 and 0.20 respectively and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 6; Table A6-1A ‘Template for SIGMET and AIRMET’

C

In EU rules provision for:

1) identifying cumulonimbus cloud (CB) in association with forecast tropical cyclone position and related footnotes, is not included; and,

2) revision of footnotes relating to SIGMET for radioactive cloud is not included.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the provision for:

1) identifying CB in association with forecast tropical cyclone position and related footnotes; and,

2) revision of footnotes relating to SIGMET for radioactive cloud,

are anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 6; Table A6-1B, ‘Template for special air-reports (uplink)’

C

In EU rules:

1) ‘heavy dust storm’ (HVY DS) is not included; and,

2) the insertion of ‘Observed’ with regard to ‘Location’ and ‘Level’ is not included.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the relevance of special air-reports (uplink) in the context of EU operations will have been considered for inclusion in Regulation (EU) 2017/373.

ANNEX 3, Amendment 79, App 6; Example A6-4, ‘SIGMET message for radioactive cloud’

C

In EU rules, the ICAO formulation of SIGMET message for radioactive cloud is not adopted.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point the ICAO formulation of SIGMET message for radioactive cloud is anticipated to be included and will be consistent with ICAO Amendment 79.

ANNEX 3, Amendment 79, App 8; 2.2 ‘Format of information on significant weather’, provision 2.2.1

B

The EU rules do not differentiate between pre-flight planning and in-flight replanning in this regard.

No change to Regulation (EU) No 2017/373 in this regard is foreseen.

ANNEX 3, Amendment 79, App 8; 2.2 ‘Format of information on significant weather’, provision and 2.2.2

C

In EU rules, and noting the deferred applicability (4 November 2021) of the recommendation that information on significant weather supplied by the WAFCs should be in IWXXM code form is not included.

Amendment to Regulation (EU) 2017/373 is planned to be adopted by Q3 2021, at which point, recognising the deferred applicability (4 November 2021), the recommendation that information on significant weather supplied by the WAFCs should be in IWXXM code form is anticipated to be included and will be consistent with ICAO Amendment 79.

1.3.Amendments 44, 37, 23 respectively to Parts I, II and III of Annex 6 on Operations of Aircraft

1.3.1.Description

Amendment 44 to Annex 6 Part I relates to conflict zones, all-weather operations, harmonization of terms for authorizations, acceptance and approvals (AAA), cargo compartment, ground proximity warning system (GPWS), life jackets, Article 83 bis, flight recorders, recording of data link communications messages, and the location of an aircraft in distress.

Amendment 37 to Annex 6 Part II relates to all-weather operations, harmonization of terms for authorizations, acceptance and approvals (AAA), Article 83 bis, flight recorders, and recording of data link communications messages.

Amendment 23 to Annex 6 Part III relates to all-weather operations, harmonization of terms for authorizations, acceptance and approvals (AAA), Article 83 bis, development of a helicopter code of performance with exposure, flight recorders, and recording of data link communications messages.

1.3.2.Relevant Union Law

Commission Regulation (EU) No 965/2012 5

1.3.3.Table of differences that shall be notified for Amendment 44 to Part I of Annex 6

Annex provision

Difference category

Details of difference

Remarks

4.2.8.1.1

C

Partially implemented.

The CVS does not receive operational credits.

Reg. (EU) 965/2012 currently only allows operational credits for HUDs and EVS.

4.2.8.2

C

Partially implemented.

The newly introduced elements of the standard are not yet transposed in the EU rules.

4.3.4.1.2

C

Partially implemented. The EU rules use the ETOPS concept instead of EDTO.

The EDTO standards are planned to be transposed into Reg. (EU) 965/2012 through RMT.0392.

4.7.2.1

C

Not implemented.

Reg. (EU) 965/2012 does not use EDTO. Instead, the ETOPS concept is used.

The EDTO standards is planned to be transposed into Reg. (EU) 965/2012 through RMT.0392.

4.7.2.2

C

Not implemented.

Reg. (EU) 965/2012 does not use EDTO. Instead, the ETOPS concept is used.

The EDTO standards is planned to be transposed into R. (EU) 965/2012 through RMT.0392.

4.7.2.3

C

Not implemented.

Reg. (EU) 965/2012 does not use EDTO. Instead, the ETOPS concept is used.

The EDTO standards is planned to be transposed into Reg. (EU) 965/2012 through RMT.0392.

4.7.2.4

C

Not implemented.

Reg. (EU) 965/2012 does not use EDTO. Instead, the ETOPS concept is used.

The EDTO standards is planned to be transposed into Reg. (EU) 965/2012 through RMT.0392.

4.7.2.6

C

Not implemented.

Reg. (EU) 965/2012 does not use EDTO. Instead, the ETOPS concept is used.

The EDTO standards is planned to be transposed into Reg. (EU) 965/2012 through RMT.0392.

6.1.5.1

C

Not implemented.

 

6.1.5.2

C

Not implemented.

6.1.5.3

C

Not implemented.

6.1.5.4 Recommendation

C

Not implemented.

6.3.3.1.1

A

More Exacting or Exceeds. CAT.IDE.A.195 (a) of Reg. (EU) 965/2012 requires recording data link communications for aeroplanes issued with an individual CofA on or after 08 April 2014.

6.3.3.1.2

C

Not implemented. CAT.IDE.A.195 (a) of Reg. (EU) 965/2012 is only applicable to aeroplanes first issued with an individual CofA on or after 8 April 2014. Retrofit of data link recording equipment is not required.

6.3.3.1.3 Recommendation

C

Not implemented.

6.18.1

C

Partially implemented.

CAT.GEN.MPA.210 of Reg. (EU) 965/2012 is not applicable to aeroplanes with MCTOM of less than 45 500 kg and MOPSC of less than 19.

In addition, CAT.GEN.MPA.210 is only applicable to aeroplanes that are issued with an individual CofA on or after 1 January 2023.

6.18.2
Recommendation

C

Not implemented.

Appendix 8

1.6

C

Not implemented.

If an ADRS is used, there currently is no EU requirement addressing the reliability of its power source

Difference shall be notified against Standard 6.3.1.1.1

Appendix 10

C

Not implemented

1.1.4.Table of differences that shall be notified for Amendment 37 to Part II of Annex 6

Annex provision

Difference category

Details of difference

Remarks

2.2.2.2.1.1

C

Partially implemented. The CVS does not receive operational credits.

Reg. (EU) 965/2012 currently only allows operational credits for HUDs and EVS.

2.4.16.2.1

C

Partially implemented.

There is no flight recorder carriage requirement in Part-NCO

2.4.18.1

C

Not implemented.

2.4.18.2

C

Not implemented.

2.4.18.3

C

Not implemented.

2.4.18.4

C

Not implemented.

Appendix 2.5

C

Not implemented.

1.1.5.Table of differences that shall be notified for Amendment 23 to Part III of Annex 6

Annex provision

Difference category

Details of difference

Remarks

2.2.8.1.1

C

Partially implemented. The CVS does not receive operational credits.

Regulation (EU) 965/2012 currently only allows operational credits for HUDs and EVS.

2.2.8.2

C

Partially implemented

The newly introduced elements of the standard are not yet transposed in the EU rules.

4.1.5.1

C

Not implemented

4.1.5.2

C

Not implemented

4.1.5.3

C

Not implemented

4.1.5.4

C

Not implemented

4.3.3.1.2

C

Not implemented

4.3.3.1.2.4

C

Not implemented

4.7.3.1.1.1

C

Not implemented

4.13.1

C

Not implemented

4.13.2

C

Not implemented

4.13.3

C

Not implemented

4.13.4

C

Not implemented

Appendix 4
1.6

C

Not implemented. If an ADRS is used, there currently is no EU requirement addressing the reliability of its power source

Difference should be filed against Standard 4.3.1.1.4

Appendix 6

C

Not implemented

1.4.Amendment 92 to Annex 10 on Aeronautical Telecommunications, Volume I and Volume II

1.4.1.Description

Volume I: The Amendment relates to global navigation satellite system (GNSS) and conventional navigation aids arising from the fourth and fifth meetings of the Navigation Systems Panel (NSP/4 and 5). The Amendment addresses: (a) instrument landing system (ILS) facility performance categories; (b) provision of information on the operational status of radio navigation services; (c) update of satellite-based augmentation system (SBAS) provisions to introduce new SBAS service providers, a new Coordinated Universal Time (UTC) standard identifier, and Global Positioning System (GPS) issue of data (IOD) monitoring requirements; (d) provisions to ensure compatibility of the ground-based augmentation system (GBAS) very high frequency (VHF) data broadcast (VDB) with ILS and VHF omnidirectional radio range (VOR); (e) clarifications and corrections to GBAS provisions; and (f) additional guidance on GNSS integrity alert limits.

Volume II: The Amendment is related to ICAO information meteorological exchange model (IWXXM), aeronautical fixed telecommunication network (AFTN), and aeronautical fixed service (AFS).

1.4.2.Relevant Union Law

6 Commission Implementing Regulation (EU) 2017/373 

1.4.3.Table of differences that shall be notified for Amendment 92 to Annex 10 Volume I

Annex provision

Difference category

Details of difference

Remarks

Annex 10, Volume I Amendment 92

C

Regulation (EU) 2017/373 refers to ICAO Annex 10, Volume I up to and including Amendment 89 only.

Compliance will be achieved when amending point CNS.TR.100 of Regulation (EU) 2017/373 under RMT.0719 ‘Regular update of ATM/ANS rules (IR/AMC/GM)’ according to the schedule detailed in the actual EPAS.

1.1.0.

1.1.4.Table of differences that shall be notified for Amendment 92 to Annex 10 Volume II

Annex provision

Difference category

Details of difference

Remarks

Annex 10 Volume II, Amendment 92, Chapter 4, 4.3

C

Regulation (EU) 2017/373 refers to ICAO Annex 10, Volume I up to and including Amendment 89 only.

Compliance will be achieved when amending point CNS.TR.100 of Regulation (EU) 2017/373 under RMT.0719 ‘Regular update of ATM/ANS rules (IR/AMC/GM)’ according to the schedule detailed in the actual EPAS.

1.5.Amendment 52 to Annex 11 on Air Traffic Services

1.5.1.Description

The Amendments concern contingency planning in respect of conflict zones. They are inspired by safety recommendations made by the Dutch Safety Board (DSB) in the wake of Malaysian Airlines Flight 17 (MH17) and by recommendations of the Task Force on Risks to Civil Aviation arising from Conflict Zones (TF RCZ) (C-DEC 203/1). The Amendment also concerns amendments in form of a new provision on read-back by drivers of operational vehicles.

1.5.2.Relevant Union Law

Commission Implementing Regulation (EU) 2017/373 7

Commission Implementing Regulation (EU) 2020/469 8

Commission Regulation (EU) No 139/2014 9  

Commission Implementing Regulation (EU) No 923/2012 10

1.5.3.Table of differences that shall be notified for Amendment 52 to Annex 11

Annex provision

Difference category

Details of difference

Remarks

Annex 11 Amendment 52, Chapter 2.19, Point 2.19.3

C

In EU rules the requirement on the appropriate ATS authority to ensure the conduct of a safety risk assessment and the implementation of appropriate risk mitigation measures, is not included.

Amendment of Regulation (EU) 2017/373 is planned through RMT.0719 ‘Regular update of air traffic management/air navigation services rules’ and the schedule can be followed in the European Plan for Aviation Safety (EPAS).

Annex 11 Amendment 52, Chapter 2.19, Point 2.19.3.1

C

In EU rules the requirement on the Member State to establish procedures to facilitate the consideration of all relevant safety-significant factors in the safety risk assessment, is not included.

Amendment of Regulation (EU) 2017/373 is planned through RMT.0719 ‘Regular update of air traffic management/air navigation services rules’ and the schedule can be followed in the European Plan for Aviation Safety (EPAS).

Annex 11, Amendment 52, Chapter 3, Point 3.7.3.3

A

The proposal for amendment to Regulation (EU) No 139/2014, which is expected to be published by the end of 2020, contains the following provisions:

“(3) The drivers of a radio-equipped vehicle, operating or intending to operate on the manoeuvring area shall read back to the air traffic services personnel safety-related parts of instructions which are transmitted by voice. Instructions to enter, hold short of, cross and operate on any runway taxiway or runway strip shall always be read back;

(4) read back to the air traffic services personnel or acknowledge instructions other than in point (3) in a manner to clearly indicate that they have been understood and shall be complied with.”

The ICAO text:

The vehicle operating or intending to operate on the manoeuvring area shall read back to the air traffic controller safety related parts of instructions which are transmitted by voice e.g. instructions to enter, hold short of, cross and operate on any operational runway or taxiway.

The EU regulation expected to be more exacting as it is considered that the requirements on vehicle drivers should be as precise as for the flight crew.

The corresponding requirements of Regulation (EU) No 139/2014 may be replicated in Regulation (EU) 923/2012 in point SERA.8015(e) through RMT.0476 ‘Regular update of SERA rule (IR/AMC/GM)’ and planned to become applicable in Q4 2023.

Annex 11, Amendment 52, Chapter 3, Point 3.7.3.4

C

In EU rules the requirement on the controller to listen to the read-back of the vehicle driver, is not included.

Amendment of Regulation (EU) 923/2012 is considered through RMT.0476 ‘Regular update of SERA rule (IR/AMC/GM)’ and planned to become applicable in Q4 2023, at which point the requirement on the controller to listen to the read-back of the vehicle driver will be consistent with Amendment 52.

1.6.Amendment 15 and 9 to Annex 14 on Aerodromes, Volume I and Volume II

1.6.1.Description

Volume I: The Amendment relates to aerodrome design and operations and visual aids for navigation.

Volume II: The Amendment concerns modifications of aerodrome design and operation specifications stemming from the third meeting of the Aerodrome Design and Operations Panel (ADOP/3) and eighth meeting of the PANS-Aerodromes Study Group (PASG/8).

1.6.2.Relevant Union Law

Volume I: Commission Regulation (EU) No 139/2014 11 and Commission Implementing Regulation (EU) 2017/373 12

Volume II: Commission Regulation (EU) No 139/2014 13

1.6.3.Table of differences that shall be notified for Amendment 15 to Annex 14 Vol I

Annex provision

Difference category

Details of difference

Remarks

1.1.7.Installation of objects on runway strips

A

The certification specifications contains higher values for certain runway types

The provision is planned to be adopted by Q3/ 2021

3.6.3 Width of clearways

A

The current certification specification contains a higher value for certain types of runways

EASA will consider further the need to amend the certification specification

3.12.6 Holding bays, runway-holding positions,

intermediate holding positions and road-holding positions

B

The current certification specification does not clarify the intent of the specification with respect to the inner transitional surface

The provision is planned to be adopted by Q3/ 2021

3.12.8 Holding bays, runway-holding positions,

intermediate holding positions and road-holding positions

C

The provision has been transposed as GM

The provision may be adopted by Q3/2021

5.3.23.4 Runway guard lights

C

The current certification specifications do not address this provision

The provision is planned to be adopted by Q3/ 2021

5.3.23.5 Location of Runway guard lights

C

The current certification specifications do not address this provision

The provision is planned to be adopted by Q3/ 2021

5.3.23.6 Location of Runway guard lights

C

The current certification specifications do not address this provision

The provision is planned to be adopted by Q3/ 2021

5.3.23.10 Characteristics of Runway guard lights

B

The current certification specification addresses this provision in a different manner

The provision is planned to be adopted by Q3/ 2021

5.3.29.3 Location of no entry bar

C

The current certification specifications do not address this provision

The provision is planned to be adopted by Q3/ 2021

5.3.29.8 Characteristics of no entry bar

B

The current certification specifications address this provision in a different manner

The provision is planned to be adopted by Q3/ 2021

5.4.1 Table 5-5

A

The current specification provides for a larger face height of signs

This provision is planned to be maintained

5.4.3.35 information signs

C

The current certification specification does not fully address this provision

The provision is planned to be adopted by Q3/ 2021

5.4.3.37 information signs

C

The current certification specification does not fully address this provision

The provision is planned to be adopted by Q3/ 2021

5.4.3.39

C

The current certification specification does not fully address this provision

The provision is planned to be adopted by Q3/ 2021

9.9.5

A

The current certification specification is more demanding with regard to the installation of objects for certain runway types

The provision is planned to be adopted by Q3/ 2021

1.1.4.Table of differences that shall be notified for Amendment 9 to Annex 14 Vol II

Annex provision

Difference category

Details of difference

Remarks

1.1 Definition of Design D

C

The definition is not covered by the current provisions. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of D-value

C

The definition is not covered by the current provisions. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Dynamic load-bearing surface

C

The current definition is linked to emergency touchdown and not helicopter motion. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Elongated

C

The definition is not covered by the current provisions. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Helicopter stand

C

The current definition does not cover all the functions covered by the new definition of helicopter stand. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Helicopter taxiway

C

The new content of the definition is not covered by the current provisions. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Helicopter taxi-route

C

The definition is not covered by the current provisions. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Protection area

C

The current definition covers also the taxi-route. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Touchdown positioning circle (TDPC)

C

The definition is not covered by the current provisions. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

1.1 Definition of Touchdown positioning marking (TDPM)

C

The definition is not covered by the current provisions. In addition, it applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

2.4.1 Heliport dimensions and related information

C

The specification has not been transposed.

The specification will be considered in the future under RMT.0722, by Q4/2023.

2.4.3 Heliport dimensions and related information

C

The specification has not been transposed.

The specification will be considered in the future under RMT.0722, by Q4/2023.

2.7.1 Rescue and firefighting (information concerning the level of protection)

C

The relevant specifications which apply for aerodromes as well have been transposed as guidance material

The specification will be considered in the future under RMT.0722, by Q4/2023

2.7.2 Rescue and firefighting (category)

C

The relevant specifications which apply for aerodromes as well have been transposed as guidance material.

The specification will be considered in the future under RMT.0722, by Q4/2023.

2.7.3 Rescue and firefighting (promulgation of changes to level of protection)

C

The relevant specifications which apply for aerodromes as well have been transposed as guidance material.

The specification will be considered in the future under RMT.0722, by Q4/2023.

2.7.4 Rescue and firefighting (new category)

C

The relevant specifications which apply for aerodromes as well have been transposed as guidance material

The specification will be considered in the future under RMT.0722, by Q4/2023.

3.1.1 Final approach and take-off areas (FATO)

C

The current provisions address the FATO in a different manner. In addition, the current provision apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.2 Provision of FATO

C

The current provisions do not foresee that a FATO needs not be solid. In addition, the current provision apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.3 Dimensions of FATO

C

The current provisions define the dimensions of FATO in a different manner. In addition, the current provision apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.5 Slope of solid FATO

C

The current provisions define the slopes in a different manner. In addition, the current provision apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.8 FATO safety areas

C

The current provisions address the characteristics of the safety area in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.9 FATO safety area dimensions

C

The current provisions address the dimensions of the safety area in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.11 Objects in FATO safety area

C

The current provisions address the presence of objects in the safety area in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.13 Provision of protected side slope

C

The current provisions address the presence of objects in the safety area in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.14 Provision of protected side slope

C

The current provisions address the presence of objects in the safety area in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.15 Obstacles in a surface of a protected side slope

C

The existing specification foresees the possibility or penetration of the surface under certain conditions. In addition, the current provision applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.16 Helicopter clearways

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.19 Width of helicopter clearways

C

The current provision contains a single slope. In addition, the current provision applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.21 Touchdown and lift-off areas (TLOF)

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.24 Dimensions of TLOF

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.26 Slopes on a TLOF

A

The current specification contains stricter slope characteristics. In addition, the current provision applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.27 TLOF within FATO

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.28 TLOF on helicopter stand

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.29 TLOF markings

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.30 TDPM in FATO/TLOF

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.31 Alternative TDPMs

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.33 Helicopter taxiways

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.34 Width of helicopter taxiways

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.35 Transverse slope of helicopter taxiways

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.36 Helicopter taxi-routes

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.38 Helicopter taxi-route slope

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.42 Helicopter air taxi-routes

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.44 Helicopter stands

C

The current provisions address the characteristics of stands in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.45 Dimensions of helicopter stands

C

The current provisions address the characteristics of stands in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.46 Slope of helicopter stands

C

The current provisions address the characteristics of stands in a different manner. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.47 Markings of helicopter stands

C

The current specifications allow the non-provision of stand marking. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.52 Protection area for non-simultaneous use stand

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

3.1.55 Slope of solid protection area

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

4.2.7 Approach and take-off climb surface for surface-level heliports

C

The specification does not cover the availability of at least one protected side slope. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.2 Heliport identification marking (note, but a new Figure 5-1A is introduced)

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.7.4 Aiming point marking characteristics

C

The current provisions specify white as applicable colour and do not require the colour of the marking to be in contrast with the background. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.9.1 Provision of TDPM

C

The current provision define the provision of TDPM in a more prescriptive and conditional manner. In addition, the current provision applies only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.9.2 TDPM characteristics

C

The current provisions do not address these specifications. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.9.3 TDPC location

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.9.5 Prohibited landing sector marking

C

The current provisions do not address these specifications. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.9.8 Length of shoulder line

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.9.9 Prohibited landing sector markings characteristics

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.9.10 TDPM precedence

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.2 Helicopter centre line marking

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.3 Location of helicopter taxiway markings

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.4 Location of helicopter taxiway markers

C

The current provisions refer to ground taxiway

The specification will be considered in future rulemaking activities.

5.2.13.5 Spacing of helicopter taxiway markers

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.6 Marking of centre line on paved helicopter taxiways

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.7 Marking of centre line on unpaved helicopter taxiways

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.8 Helicopter taxiways edge markings characteristics

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.9 Helicopter taxiways edge marker

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.10 Height of helicopter taxiways edge marker

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.11 Colour of helicopter taxiways edge marker

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.13.12 Lighting of helicopter taxiways edge marker

C

The current provisions refer to ground taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.14.1 Helicopter air taxi-route markings and markers

C

The provision of relevant markings and markers is required only under certain conditions according to the current requirements. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.14.2 Helicopter air taxi-route markings and markers location

C

The current provisions refer to air taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.14.3 Helicopter air taxi-route centre line marking

C

The current provisions refer to air taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.14.4 Helicopter unpaved air taxi-route centre line marking

C

The current provisions refer to air taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.14.5 Helicopter air taxi-route markers

C

The current provisions refer to air taxiway. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.15.1 Provision of helicopter stand perimeter markings

C

The provision of stand perimeter markings is required only under certain conditions according to the current requirements. . In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.15.2 Provision of helicopter stand TDPM

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.15.4 Location of TDPM, alignment lines and lead-in/lead-out lines

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.15.6 Helicopter stand perimeter marking characteristics

C

The current provisions do not address the new characteristics of the marking. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.2.15.7 TDPM characteristics

C

The characteristics of the TDPM are defined differently in the current provisions. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.3.1 Lights general -

Removal of HAPI illustration from Figure 5-11

C

The current provisions contain the HAPI illustration. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The current specifications are considered necessary and are planned to be maintained.

5.3.5 Visual alignment guidance system

C

The current provisions contain specification for location, signal format, light distribution, approach track and azimuth setting, and characteristics of the visual alignment guidance system. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The current specifications are considered necessary and are planned to be maintained.

5.3.6 Visual approach slope indicator

C

The current provisions contain specification for location, signal format, light distribution, approach slope and elevation setting, characteristics of the light unit, obstacle protection surfaces In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The current specifications are considered necessary and are planned to be maintained.

5.3.9.17 TLOF perimeter lights located in FATO at surface level of elevated heliport

C

The current specification allows TLOF perimeter lights to exceed higher than 5cm. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.3.10.1 Provision of stand floodlighting

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.3.10.2 Location of helicopter stand floodlights

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.3.10.3 Spectral distribution of stand floodlights

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.3.10.4 Horizontal and vertical illuminance

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.3.13.1 Obstacles in areas outside and below the boundaries of the OLS

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

5.3.13.2 Overhead wires or cables crossing a river

C

The current provisions do not address this specification. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification will be considered in future rulemaking activities.

6.2.1.3 RFF equipment and services at surface level and elevated heliports located above unoccupied structures

C

The current provisions foresee the provision of RFFS without the need to conduct a risk assessment. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.2.2 Practical critical area calculation where primary media is applied as a solid stream

C

The level of protection is determined in accordance with the provisions applicable to aerodromes. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.2.3 Practical critical area calculation where primary media is applied in a dispersed pattern (except helidecks)

C

The aerodrome RFFS specifications apply. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.3.1 Amount of primary media and complementary agents

C

The amount of media and agents is determined in accordance with the provisions applicable to aerodromes. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.3.5 Complementary media

C

The aerodrome RFFS specifications apply. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.3.8 Complementary media

C

The aerodrome RFFS specifications apply. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.4.1 Response time at surface level heliports

C

The applicable rules do not contain a certain response time to be achieved. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.5.1 Rescue arrangements

C

The aerodrome RFFS specifications apply. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.6 Communication and alerting system

C

The aerodrome RFFS specifications apply. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.7.1 Number of RFF personnel

C

The aerodrome RFFS specifications apply and RFSS personnel are always provided. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

6.2.7.2 Training of RFF personnel

C

The aerodrome RFFS specifications apply and RFSS personnel are always provided and trained. In addition, the current provisions apply only for VFR heliports located at aerodromes falling in the scope of Regulation (EU) 139/2014

The specification for stand-alone heliports will be considered in future rulemaking activities.

1.7.Amendment 41 to Annex 15 on Aeronautical Information Services

1.7.1.Description

The Amendment proposed concerns contingency planning related to conflict zones.

1.7.2.Relevant Union law

Commission Implementing Regulation (EU) 2017/373 14

1.7.3.Table of differences that shall be notified for Amendment 41 to Annex 15

Annex provision

Difference category

Details of difference

Remarks

6.3.2.3

C

Not implemented.

The publication of information through NOTAM about hazardous activities to civil aviation and addressing the specific case of conflict zones is currently not required by EU regulations.

This amendment will be transposed when updating the requirements in Annex VI of Regulation (EU) 2017/373.

1.1.0.

1.8.Amendments 13, 10, and 1 to Annex 16 on Environment, Volumes I, II and III

1.8.1.Description

Volume I: the Amendment relates to aircraft noise certification requirements.

Volume II: the Amendment relates to aircraft engines emissions certification requirements

Volume III: the Amendment relates to the aeroplane CO2 emissions certification requirements

1.8.2.Relevant Union law

Regulation (EU) 2018/1139 15

1.8.3.Table of differences that shall be notified for Amendment 13 to Annex 16 Volume I

Annex provision

Difference category

Details of difference

Remarks

Annex 16, Volume I Amendment 13

C

Regulation (EU) 2018/1139 refers to ICAO Annex 16, Volume I Amendment 12.

A difference will exist until 31 March 2022 between the national regulations and/or practices of [Member State] and the provisions of Annex 16, Volume I, including all amendments up to and including Amendment 13

1.1.4.Table of differences that shall be notified for Amendment 10 to Annex 16 Volume II

Annex provision

Difference category

Details of difference

Remarks

Annex 16, Volume II Amendment 10 for those standards with the applicability date of Jan 2021

C

Regulation (EU) 2018/1139 refers to ICAO Annex 16, Volume II Amendment 9.

A difference will exist until 31 March 2022 between the national regulations and/or practices of [Member State] and the provisions of Annex 16, Volume II, including all amendments up to and including Amendment 10

1.1.5.Table of differences that shall be notified for Amendment 1 to Annex 16 Volume III

Annex provision

Difference category

Details of difference

Remarks

Annex 16, Volume III Amendment 1

C

Regulation (EU) 2018/1139 refers to ICAO Annex 16, Volume III.

A difference will exist until 31 March 2022 between the national regulations and/or practices of [Member State] and the provisions of Annex 16, Volume III, including all amendments up to and including Amendment 1

(1)  OJ L/311, 25/11/2011, p.1
(2)  OJ L63 06.03.2015, p1
(3)

AIRMET and SIGMET are referred to in Regulation (EU) No 2017/373. They represent information to airspace users regarding certain meteorological conditions.

GAMET is defined in ICAO rules. It is an area forecast in abbreviated plain language for low-level flights for a flight information region or sub-area thereof, prepared by the meteorological office designated by the meteorological authority concerned and exchanged with meteorological offices in adjacent flight information regions, as agreed between the meteorological authorities concerned. As regards EU legislation, reference is made to the ‘area forecast for low level flights’ as defined in Annex I (Definitions) to Regulation (EU) No 2017/373.

(4) OJ L62, 8.3.2017, pp-1.
(5)  OJ L 296 25.10.2012 pp. 1.
(6) OJ L62, 8.3.2017, pp-1.
(7) OJ L62, 8.3.2017, pp-1.
(8) OJ L 104 3.4.2020 pp. 1
(9) OJ L 44 14.2.2020 pp. 1
(10) OJ L 281, 13.10.2012, pp. 1
(11) OJ L 44 14.2.2020 pp. 1
(12) OJ L62, 8.3.2017, pp-1.
(13) OJ L 44 14.2.2020 pp. 1
(14) OJ L62, 8.3.2017, pp-1.
(15) OJ L 212, 22.8.2018, pp-1
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