Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Council of the International Civil Aviation Organization in respect of the envisaged adoption of Amendment 91 to Annex 10, Volume III and on the notification of difference from the date of application of Amendment 13 to Annex 14, Volume 1, Amendment 40C to Annex 6, Amendment 77B to Annex 3 and Amendment 39 to Annex 15
Date: 2020-05-20
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Civil Aviation Organisation, air safety, air traffic, aircraft, airport, civil aviation, international convention, international transport, provision of services, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 20.5.2020  COM(2020) 218 final 2020/0098 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Council of the International Civil Aviation Organization in respect of the envisaged adoption of Amendment 91 to Annex 10, Volume III and on the notification of difference from the date of application of Amendment 13 to Annex 14, Volume 1, Amendment 40C to Annex 6, Amendment 77B to Annex 3 and Amendment 39 to Annex 15  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns: 

– 

– 

– 

The  decision  establishing  the  position  to  be  taken  on  the  Union’s  behalf  in  the 
Council  of  the  International  Civil  Aviation  Organization  (ICAO)  for  the  envisaged 
adoption of Amendment 91 to Annex 10, Volume III to the Chicago Convention by 
the ICAO Council in one of its upcoming sessions.  

The  decision  on  the  position  to  be  taken  on  the  Union’s  behalf  after  the  ICAO 
announces the adoption of the Amendment 91 to Annex 10 in a State letter, inviting 
Member  States  to  either  notify  its  disapproval,  to  notify  any  differences  or  its 
compliance with the adopted measure. 

The  decision  on  the  position  to  be  taken  on  the  Union’s  behalf  with  regard  to 
Amendment 13- to Annex 14 — Aerodromes, Volume I — Aerodrome Design and 
Operations,  Amendment  40C  of  Annex  6  --  Operation  of  Aircraft  —  International 
Commercial Air Transport — Aeroplanes, Amendment 39 to Annex 15 Aeronautical 
Information  Servicesas  well  as  Amendment  77B  to  Annex  3  —  Meteorological 
Service  for  International  Air  Navigation  concerning  the  new  Global  Reporting 
Format  for  Runway  Surface  Conditions,  inviting  Member  States  to  notify  the 
difference  as  regards  the  compliance  with  the  applicability  date  which  is  to  be 
delayed  by  a  period  of  6  months  compared  to  the  applicability  date  set  out  in  the 
related ICAO State letters . 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on International Civil Aviation 

The  Convention  on  the  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,  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 of the measure before they enter into force 
and become legally binding.  

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2.3. 

The envisaged act of the International Civil Aviation Organization 

2.3.1.  Adoption  of  Amendment  91  to  Annex  10,  Volume  III  to  the  Chicago  Convention 

regarding the Selective Calling System (SELCAL) 

During one of its upcoming sessions, the ICAO Council is to adopt Amendment 91 to Annex 
10, Volume III to the Chicago Convention regarding the Selective Calling System (SELCAL). 

The purpose of Amendment 91 to Annex 10, Volume III is to amend Annex 10 to the Chicago 
Convention – Aeronautical Telecommunications, Volume III – Communication Systems, Part 
II  –  Voice  Communication  Systems,  relating  to  SELCAL.  Amendment  91  to  Annex  10, 
Volume III introduces new tones to expand the available pool of SELCAL codes and thereby 
reduce the incidence of false indication in the cockpit. Amendment 91 to Annex 10, Volume 
III  was  developped  during  the  second  meeting  of  the  Communication  Panel  Data 
Communication  Infrastructure  Working  Group  (CP  DCIWG/2)  and  was  not  considered 
controversal at technical level.  

Amendment 91 to Annex 10, Volume III is envisaged to become applicable on 5 November 
2022 when it will become legally binding on the parties to the Chicago Convention.  

2.3.2.  The  date  of  application  of  the  new  ICAO  Global  Reporting  Format  for  Runway 

Surface Conditions 

In 2016, the ICAO Council adopted a new methodology for assessing and reporting runway 
surface  conditions,  commonly  known  as  the  Global  Reporting  Format  for  Runway  Surface 
Conditions  aiming  at  enabling  the  harmonized  assessment  and  reporting  of  runway  surface 
conditions  and  a  correspondingly  improved  flight  crew  assessment  of  take-off  and  landing 
performance. 

The new ICAO Global Reporting Format for Runway Surface Conditions, applicable as from 
5 November 2020, is envisaged by Amendment 13 to Annex 14 — Aerodromes, Volume I — 
Aerodrome Design and Operations, Amendment 40C of Annex 6 -- Operation of Aircraft — 
International  Commercial  Air  Transport  —  Aeroplanes,  Amendment  77B  to  Annex  3  — 
Meteorological  Service  for  International  Air  Navigation  and  Amendment  39  to  Annex  15 
Aeronautical Information Services.  

Due to the COVID-pandemic, the implementation of the new ICAO Global Reporting Format 
for Runway Surface Conditions as from the moment in time originally envisaged by ICAO is 
unrealistic at Union level and therefore the Commission is likely to adopt a postponment of 
that  date  at  Union  level,  by  way  of  corresponding  amendments  to  the  relevant  Commission 
Regulations.1  It  is  also  currently  uncertain  whether  the  ICAO  Council  will  include  in  its 

1 

Commission  Implementing  Regulation  (EU)  No  923/2012  of  26  September  2012  laying  down  the 
common rules of the air and operational provisions regarding services and procedures in air navigation 
and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) 
No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010, OJ L 281, 13.10.2012, 
p. 1. 
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. 
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. 

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agenda  of  its  220th  or  221st  session  an  item  on  a  possible  postponement  of  the  date  of 
application of the new ICAO Global Reporting Format for Runway Surface Conditions, and if 
so,  what  decision  the  ICAO  Council  will  take  in  the  matter.  Therefore,  should  the  ICAO 
Council not postone that date in due time, for whatever reason, it is necessary to ensure that 
Member States notify a difference covering the postposition, if any, adopted at Union level. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1. 

Amendment 91 to Annex 10, Volume III 

3.1.1.  Main changes to be introduced by Amendment 91 to Annex 10, Volume III and their 

relationship with the existing Union rules 

The main change to be introduced by the proposal for Amendment 91 to Annex 10, Volume 
III  is  the  introduction  of  new  tones  to  expand  the  available  pool  of  SELCAL  codes  and 
thereby reduce the incidence of false indication in the cockpit. The system characteristics of 
SELCAL were originally recommendations formulated in the 1950s when the specified levels 
of  performance  could  not  be  guaranteed.  Equipment  manufactured  since  the  1970s  more 
readily meets those requirements and therefore their uniform application should be recognised 
for the safety and regularity of international navigation. However, the recommendation on the 
modulation  envelope  was  separated  into  a  standard  and  a  recommendation  because  the 
uniform application of it is desirable only. 

ICAO  also  provides  a  mechanism  through  which  the  new  tones  can  be  introduced  with  a 
minimum  impact  on  aircraft  operators.  Early  ground  equipage,  which  can  be  achieved  at 
lower  cost,  will  allow  for  a  phased  installation  on  aircraft,  which  will  take  place 
predominantly through forward fit. 

The Union acknowledges the shortage of SELCAL codes that could be assigned to an aircraft 
and  the  means  to  mitigate  the  shortage  by  expanding  the  number  of  characters  that  can  be 
utilised for SELCAL code assigned to new aircraft. 

SELCAL does not have great significance in the European air navigation services. However, 
it is a mean of communication, there is a standard way of filing it in the flight plan and some 
aircraft  operators  may  request  the  air  traffic  services  unit  to  use  it  in  certain  situations.  It 
happens very rarely though. 

SELCAL  is  mentioned  in  the  EASA  guidance  material,  in  an  enumeration  of  possible 
solutions,  to  Regulation  (EU)  No  923/2012  and  in  Regulation  (EU)  2020/469  amending 
Annex IV - Part-ATS of Regulation (EU) 2017/373. 

Amendment  91  to  Annex  10,  Volume  III  concerns  mostly  those  air  navigation  service 
providers (ANSP) that are providing services for the ICAO North Atlantic (NAT) region, the 
oceanic  airspace  over  the  Atlantic  Ocean,  and  also  the  services  of  the  Network  Manager, 
particularly the Integrated Initial Flight Plan Processing System (IFPS). The relevant ANSPs 
will need to install the required technical improvements. The Network Manager will need to 
upgrade  the  IFPS  to  allow  the  system  to  accept  the  new  SELCAL  codes  in  order  to  avoid 
rejection of the flight plans because of not recognising the code. 

Point  (c)  of  CNS.TR.100  ‘Working  methods  and  operating  procedures  for  providers  of 
communication, navigation or surveillance services’ of Regulation (EU) 2017/373 is referring 
to  ICAO  Annex  10,  Volume  III  up  to  and  including  Amendment  89,  and  would  require  an 
appropriate amendment at Union level. 

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3.2. 

Global Reporting Format for Runway Surface Conditions 

3.2.1.  Date of application of the new ICAO Global Reporting Format for Runway Surface 

Conditions 

Investigations  of  accidents  indicate  that  the  standards  for  runway  surface  condition 
assessment  and  reporting  are  not  harmonised,  and  have  shown  that  this  fact  is  a  significant 
contributing  factor  to  runway  excursions,  in  particular  when  the  runway  is  wet  or 
contaminated.  ICAO  has  consequently  amended  a  number  of  Standards  and  Recommended 
Practices  (SARPs)  in  several  of  the  Annexes  to  the  Chicago  Convention.  Some  of  these 
amendments required adaptation of existing Union law. This need has already been reflected 
in Commission implementing and delegeted acts2.  

The Amendment 77B to Annex 3, Amendment 13 to Annex 14, Amendment 40 to Annex 6 
and  Amendment  39  to  Annex  15  to  the  Chicago  Convention  intended  to  reduce  runway 
excursion incidents and accidents were adopted by the ICAO Council throughout 2016 will be 
applicable  as  of  5  November  2020.  These  amendments  have  already  been  incoporated  at 
Union level in Implementing Regulations (EU) 2020/469 and 2019/1387.  

However, due to the delays in implementation caused by the COVID-19  and as a response to 
the  current  lack  of  resources  of  both  competent  authorities  and  operators  concerned,  the 
Commission  intends  to  postpone  the  date  of  application  of  the  relevant  Commission 
implementing and delegeted acts by a period of 6 months.  

3.3. 

Position to be taken on Union’s behalf 

3.3.1.  As regards Amendment 91 to Annex 10, Volume III 

The proposed position to be taken on behalf of the Union in the ICAO Council is to support 
the proposed Amendment 91 to Annex 10, Volume III of Annex 10 in its entirety. Therefore, 
after its adoption by the ICAO Council and its notification by a State letter, the Union position 
should be for Member States to notify compliance with the adopted measure.  

3.3.2.  As  regards  the  date  of  application  of  the  new  ICAO  Global  Reporting  Format  for 

Runway Surface Conditions 

As  regards  the  implementation  of  the  new  ICAO  Global  Reporting  Format  for  Runway 
Surface Conditions, while fully supporting them, but with due consideration of the impact of 
the COVID-19 crisis on the capacity of Member States and operators concerned to implement 

2 

Commission  Implementing  Regulation  (EU)  2020/469  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, JO L 104, 3.4.2020, p.1.  
Commission  Implementing  Regulation  (EU)  No  923/2012  of  26  September  2012  laying  down  the 
common rules of the air and operational provisions regarding services and procedures in air navigation 
and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) 
No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010, OJ L 281, 13.10.2012, 
p. 1. 
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. 
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. 

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them as currently required by the ICAO rules, the proposed position to be taken on behalf of 
the Union is as follows: 

-  should  the  matter  of  postponement  of  the  deadline  not  be  included  on  the  agenda  of  the 
ICAO Council during its 220th or 221st session, or should the postponement of 6 months not 
be adopted by the ICAO Council, the position of the Union should be to notify differences in 
case  the  deadline  envisaged  in  the  relevant  EU  law  is  postponed  by  6  months.  The  EU 
Member States will notify a difference while informing ICAO that the implementation, i.e. a 
compliance  with  the  new  ICAO  Global  Reporting  Format  for  Runway  Surface  Conditions, 
would be delayed by a period of 6 months.  

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 Union’s 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 agreement3. 

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’4. 

4.1.2.  Application to the present case 

The International Civil Aviation Organization is a body set up by an agreement, namely the 
Convention on International Civil Aviation. 

Amendment 91 to Annex 10, Volume III which the International Civil Aviation Organization 
is called upon to adopt constitutes an act having legal effects.  It has legal effects because it 
changes a number of standards, which are capable of creating a binding legal obligation under 
international law. 

Furthermore,  Amendment  91  to  Annex  10,  Volume  III  changes  a  “recommendation”  into  a 
standard  and  downgrades  a  standard  to  a  “recommendation”.  Despite  their  denomination, 
those “recommendations” are of a nature that alters the legal situation existing under the pre-
existing standards. The change in the status of the provisions generates different obligations to 
the States. 

With  respect  to  the  notification  of  differences  as  regards  the  date  of  application  of  the  new 
ICAO Global Reporting Format for Runway Surface Conditions, the Union common position 
would  ensure  that  all  Member  States  notify  differences  within  margins  of  this  decision 
stemming from the Union’s exclusive competence and hence will comply with Article 38 of 

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Judgment  of 
ECLI:EU:C:2014:2258, paragraph 64.  
Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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the Chicago Convention and therefore not be regarded as being in breach of their obligations 
stemming from the Chicago Convention.  

Those  Amendments  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 envisaged act in respect of which a position is taken on the 
Union’s behalf. If the envisaged 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 envisaged acts relate to a 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 decision should be Article 100(2) TFEU, in conjunction with 
Article 218(9) TFEU. 

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2020/0098 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the Council of the 
International Civil Aviation Organization in respect of the envisaged adoption of 
Amendment 91 to Annex 10, Volume III and on the notification of difference from the 
date of application of Amendment 13 to Annex 14, Volume 1, Amendment 40C to Annex 
6, Amendment 77B to Annex 3 and Amendment 39 to Annex 15 

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) 

(2) 

(3) 

(4) 

(5) 

(6) 

5 

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). 

The Member States are Contracting States of the Chicago Convention and members of 
the ICAO, while the Union has observer status in certain ICAO bodies. 

Pursuant  to  Article  54  of  the  Chicago  Convention,  the  ICAO  Council  may  adopt 
international standards and recommended practices. 

The ICAO Council, during one of its upcoming sessions, is to adopt Amendment 91 to 
Annex  10,  Volume  III  to  the  Chicago  Convention  on  the  selective  calling  system 
(SELCAL). 

It is appropriate to establish the position to be taken on the Union's behalf in the ICAO 
Council as the proposed Amendment 91 to Annex 10, Volume III will be binding on 
the Union and is capable of decisively influencing the content of Union law, namely 
Commission 
the 
Amendment  will  be  binding  on  all  ICAO  States,  including  all  Member  States,  in 
accordance with and within the limits set out in the Chicago Convention. Article 38 of 
the  Chicago  Convention  requires  contracting  States  to  notify  ICAO  if  they  intend  to 
deviate from a standard, under the notification of differences mechanism.  

(EU)  2017/3735.  Once  adopted, 

Implementing  Regulation 

The  main  purpose  of  Amendment  91  to  Annex  10,  Volume  III  is  to  introduce  new 
tones to expand the available pool of SELCAL codes and thereby reduce the incidence 
of  false  indication  in  the  cockpit.  It  also  makes  changes  regarding  the  requirements 

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). 

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(7) 

(8) 

(9) 

(10) 

concerning  the  system  characteristics  and  provides  for  a  mechanism  for  the 
introduction of the new codes with minimum impact for aircraft operators. 

The Union is a strong supporter of the efforts by ICAO to improve aviation safety by 
ensuring  the  safe  and  accurate  provision  of  communication,  navigation  and 
surveillance  services.  The  Union  should,  therefore,  support  the  above  mentioned 
amendments. 

The Union's position during one of the upcoming sessions of the ICAO Council with 
regard to the envisaged Amendment 91 to Annex 10, Volume III is to be expressed by 
the Member States of the Union that are members of the ICAO Council, acting jointly 
on behalf of the Union.  

The  Union  position  after  the  adoption  of  Amendment  91  to  Annex  10  by  the  ICAO 
Council,  to  be  announced  by  the  ICAO  Secretary  General  via  an  ICAO  State  letter 
procedure, should be to notify compliance with the amendment and is to be expressed 
by all the Member States of the Union.  

In  2016  the  ICAO  Council  adopted  amendments  to  a  number  of  annexes  to  the 
Chicago  Convention  intended  to  reduce  runway  excursion  incidents  and  accidents. 
Those amendments are provided in State letters AN 4/1 2.26-16/19, AN 2/2.4 – 16/18, 
AN  10/1.1  –  16/17  and  AN  11/1.3.29-16/12  and  will  be  applicable  in  the  ICAO 
Contracting States as of 5 November 2020 (“the Amendments”).  

(11)  The  Union  is  a  strong  supporter  of  the  efforts  by  ICAO  to  improve  aviation  safety. 
These changes introducing a new harmonized methodology for assessing and reporting 
runway  surface  conditions  will  contribute  to  mitigate  the  risk  of  runway  landing 
excursions due to runway contamination such as snow, ice, slush or water. 

(12)  Commission 

Implementing  Regulation 

(EU)  2019/13976  and  Commission 
Implementing  Regulation  (EU)  2020/4697  incorporate  those  amendments  in  Union 
law. 

(13) 

Implementing  Regulations  (EU)  2020/469  and  2019/1387  will  apply  in  part  from  5 
November 2020 in line with the date of application of the Amendments. However, the 
COVID-19 has had a considerable impact on the efforts made by the Member States 
and the aviation stakeholders to prepare for the application of the new measures listed 
in  Amendment  77B  to  Annex  3,  Amendment  13  to  Annex  14,  Amendment  40  to 
Annex 6 and Amendment 39 to Annex 15 to the Chicago Convention . 

(14) 

In  particular,  the  confinement  and  partial  unemployment  of  staff,  combined  with  the 
additional workload required to  manage the significant  negative consequences of the 
COVID-19 for all stakeholders, has impaired progress. 

(15)  Both competent authorities and operators are experiencing difficulties in preparing for 
the implementation of the Amendments. It may therefore be necessary for the date of 
application provided for in  Implementing Regulations (EU) 2020/469 and 2019/1387 
to be postponed for 6 months. 

(16) 

If the ICAO Council does not postpone the date of application of the Amendments by 
6  months,  whilst  Union  law  postpones  the  date  of  application  of  the  relevant  ICAO 
standards  by  6  months,  the  Union  position  should  be  to  notify  a  difference  in 

6 
7 

OJ L 229, 5.9.2019, p. 1 
OJ L 104, 3.4.2020, p.1 

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accordance  with  Article  38  of  the  Chicago  Convention  and  to  inform  ICAO  of  its 
intention to delay by a period of 6 months the date of application to the Amendments, 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf in one of the upcoming sessions of the Council 
of  the  International  Civil  Aviation  Organization  (‘ICAO’)  shall  be  to  support  the  proposed 
Amendment  91  to  Annex  10,  Volume  III  to  the  Convention  on  International  Civil  Aviation 
(‘Chicago Convention’) in its entirety. 

The  position  to  be  taken  on  the  Union’s  behalf  after  the  adoption  by  the  ICAO  Council  of 
Amendment  91  to  Annex  10,  Volume  III  to  the  Chicago  Convention  shall  be  to  notify 
compliance with the adopted measure in reply to the respective ICAO State letter.  

Article 2 

If the ICAO Council does not postpone the date of application of Amendment 77B to Annex 
3, Amendment 13 to Annex 14, Amendment 40 to Annex 6 and Amendment 39 to Annex 15 
to the Chicago Convention and the Union amends Implementing Regulations (EU) 2020/469 
and  2019/1387  and  Delegated  Regulation  C(2020)710  final8  to  delay  their  application  by  6 
months, a corresponding difference from the date of application to Amendment 77B to Annex 
3, Amendment 13 to Annex 14, Amendment 40 to Annex 6 and Amendment 39 to Annex 15 
to the Chicago Convention by a period of 6 months shall be notified. 

Article 3 

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

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

This Decision is addressed to the Member States. 

Done at Brussels, 

Article 4 

For the Council 
The President 

8 

Commission  Delegated  Regulation  C(2020)710  final  amending  Regulation  (EU)  No  139/2014  as 
regards runway safety and aeronautical data. 

EN 

9 

  EN