Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 222nd session of the Council of the International Civil Aviation Organization (ICAO) as regards the envisaged adoption of Amendment 177 to Annex 1, Amendment 47 to Annex 2, Amendment 108 to Annex 8, Amendment 90 to Annex 10 and of the new volume VI to Annex 10 the Convention on International Civil Aviation
Date: 2021-02-05
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Civil Aviation Organisation, air safety, air traffic, civil aviation, crew, drone, international convention, international standard, professional qualifications, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 5.2.2021  COM(2021) 48 final 2021/0027 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 222nd session of the Council of the International Civil Aviation Organization (ICAO) as regards the envisaged adoption of Amendment 177 to Annex 1, Amendment 47 to Annex 2, Amendment 108 to Annex 8, Amendment 90 to Annex 10 and of the new volume VI to Annex 10 the Convention on International Civil Aviation  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns:  
(i) the position to be taken on  the Union’s  behalf in the 222nd  session of the Council of the 
International Civil Aviation Organization (ICAO) for the envisaged adoption of Amendment 
177  to  Annex  1  –  Personnel  Licensing,  Amendment  47  to  Annex  2  –  Rules  of  the  Air, 
Amendment  108  to  Annex  8  –  Airworthiness  of  Aircraft,  Amendment  90  to  Annex  10  – 
Aeronautical  Telecommunications  and  new  volume  VI  to  Annex  10  to  the  Convention  on 
International Civil Aviation, and  

(ii) the position to be taken on the Union’s behalf after the ICAO announces the adoption of 
the Amendment 177 to Annex 1, Amendment 47 to Annex 2,  Amendment 108 to Annex 8, 
Amendment 90 to Annex 10 and the new volume VI to Annex 10 in respective State Letters, 
inviting  its  contracting  States  to  either  notify  their  disapproval,  to  notify  any  differences  or 
compliance with the adopted measures. 

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.  

Pursuant to Article 90 of the Chicago Convention, any such Annex or any amendment of an 
Annex  shall  become  effective  within  three  months  after  its  submission  to  the  ICAO 
contracting  States,  or  at  the  end  of  such  longer  period  of  time  as  the  ICAO  Council  may 
prescribe,  unless  in  the  meantime  a  majority  of  contracting  ICAO  States  register  their 
disapproval. 

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 

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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 ICAO of the differences between its own practice and that established by 
the international standard.  

The envisaged acts of ICAO and their relationship with the existing Union rules 

2.3. 
During its 222nd or any consequent session, the ICAO Council is expected to adopt: 

Amendment  177  to  Annex  1  -  Personnel  Licensing,  which  is  a  consequential  amendment 
relating to C2 Link systems and procedures; 

Amendment  47  to  Annex  2  -  Rules  of  the  Air,  which  relates  to  remotely  piloted  aircraft 
systems (RPAS) requirements for airworthiness certification as a consequence of Amendment 
108 to Annex 8;  

Amendment  108 to Annex 8  - Airworthiness  of Aircraft, related to remotely piloted aircraft 
systems (RPAS); 

Amendment  90  to  Annex  10  -  Aeronautical  Telecommunications,  Volume  V  related  to 
frequency spectrum for RPAS C2 Links, and  

a  new  Volume  VI  to  Annex  10  related  to  RPAS  C2  Link  systems  and  procedures.  (‘the 
envisaged act’). 

The purposes of the envisaged act are as follows: 

to  amend  existing  SARPs  in  Annex  8  to  the  Chicago  Convention  incorporating  in  Part  I  of 
Annex 8 specific definitions  and terms that  are used in the Standards in  new Parts VIII,  IX 
and X. It also includes proposals in Part II of Annex 8 that provide an overview of the general 
airworthiness procedures for certification and continuing airworthiness applicable to remotely 
piloted aeroplanes (RPA); 

to introduce a new Part VIII to Annex 8 of the Chicago Convention related to RPA;  

to introduce a new part IX to Annex 8 of the Chicago Convention related to remotely piloted 
helicopters; 

to introduce a new part X to the Annex 8 of the Chicago Convention related to the Remote 
Pilot Station (RPS); 

to  introduce  an  amendment  to  the  Annex  2,  Appendix  4  of  the  Chicago  Convention  that  is 
consequential to the amendments to Annex 8; 

to amend existing SARPs in Annex 10, Volume V of the Chicago Convention specifying the 
management  of  spectrum  solely  used  for  the  Command  and  Control  Link  (C2  Link)  or 
Remotely Piloted Aircraft Systems (RPAS);  

to  introduce  a  new  Volume  VI  to  Annex  10  –  Communication  Systems  and  Procedures 
relating to Remotely Piloted Aircraft Systems C2 Link; 

to  introduce  amendments  to  Annexes  1  and  2  that  are  consequential  to  the  amendment  of 
Annex 10 Volume V and the introduction of a new Volume VI to Annex 10. 

The proposed amendments are envisaged to become applicable on 28 November 2024. 

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3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1.  Main changes and their relationship with the existing Union rules  

The  ICAO  Remotely  Piloted  Aircraft  Systems  Panel  (RPASP)  has  been  tasked  with  the 
development of SARPs, Manuals and guidance material paving the way for the operation of 
Remotely  Piloted  Aircraft  across  international  borders  under  Instrument  Flight  Rules. 
Member  States  have  been  consulted  on  the  proposed  amendments  with  ICAO  State  Letters 
AN  7/67.1.1-19/52  and  AN  3/5.12-19/53,  including  the  proposals  for  the  amendment  of 
Annexes 8 and 10 of the Chicago Convention and consequential changes to Annexes 1 and 2 
of the Chicago Convention. These proposals are part of a series of amendments that will be 
provided in sequence.  

The amendments initially proposed in State Letter AN 3/5.12-19/53 relate to the airworthiness 
of remotely piloted fixed wing aircraft, the airworthiness of remotely piloted helicopters and 
the remote pilot station (RPS). These SARPs were developed for RPAS which will undergo 
the type certification process consistent with ICAO Doc 10019, Manual on Remotely Piloted 
Aircraft Systems (RPAS), and reinforced by the content and assumptions of the ICAO RPAS 
Concept of Operations (CONOPS).  

Due  to  the  integrated  nature  of  RPAS,  the  RPS  may  be  certificated  as  part  of  the  Type 
Certificate  (TC)  granted  to  the  RPA  TC  Holder  as  a  result  of  the  RPA  type  certification 
process. This does not preclude the possibility that an RPS may be approved separately. The 
C2  Link  is  a  major  component  of  the  RPAS  and  its  airworthy  status,  consequently  it  is 
included as a component in the TC. 

The amendments initially proposed in State Letter AN 7/67.1.1-19/52 relate to the Command 
and  Control  Link  (C2  Link)  and  include  technology  neutral  SARPs  on  C2  Link  Procedures 
and C2 Link Systems. The C2 Link, is dedicated to the exchange of information between the 
two main physical components of the RPAS: the remote pilot station (RPS) and the remotely 
piloted  aircraft  (RPA).  The  C2  Link  is  therefore  the  logical  connection,  however  physically 
realised, for the exchange of information between the RPS and the RPA to enable the remote 
pilot  to  safely  integrate  the  RPAS  into  the  global  aviation  operational  environment,  in 
particular  communications,  navigation  and  surveillance.  These  SARPS  are  the  first  of  two 
planned C2 Link deliverables.  

The  RPASP  is  currently  working  on  the  second  and  more  detailed  package  containing 
technology-specific SARPs with a projected delivery date of 2022. 

Following  input  by  EASA  on  State  Letter  AN  3/5.12-19/53,  many  EU  Member  States 
proposed that due  to  the  specific split  of responsibilities between the operator and designer, 
the  State  Letter  consultation  should  be  extended  until  draft  material  for  the  amendment  of 
Annex  6  is  available,  and  that  the  adoption  of  Annex  6  and  Annex  8  be  run  in  parallel, 
especially  with  regard  to  Remote  Pilot  Stations  (RPS)  approval  and  to  responsibilities  of 
Contracting States in  respect of continuing  airworthiness of the RPS. This proposal was not 
accepted by ICAO, which risk complicating  the transposition of the related ICAO SARPs in 
Union law, due to the need to address designer and operator responsibilities for RPS. 

The  envisaged  Amendments  are  capable  of  decisively  influencing  the  content  of  EU 
legislation,  namely  Commission  Regulation  (EU)  No  748/20121,  Commission  Regulation 

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Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the 
airworthiness and environmental certification of aircraft  and related products, parts and appliances, as 
well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1–85) 

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(EU) No 1321/20142, Commission Regulation (EU) No 1178/20113, Commission Regulation 
(EU)  No  965/20124,  and  potentially  Commission  Regulation  (EU)  No  452/20145,  and 
Commission  Implementing  Regulation  (EU)  2017/3736.  New  ICAO  SARPs  will  have  to  be 
introduced  to  the  EU  wide  legislation  to  amend  the  current  legal  framework  in  order  to 
regulate  the  design,  type  certification  and  operation  of  RPAS  operating  across  international 
borders and over the high seas.  

3.2. 

Position to be taken on Union’s behalf 

The  Union  acknowledges  the  need  to  establish  aharmonised  regulatory  framework  at 
international  level allowing the design, type  certification and operation of Remotely  Piloted 
Aircraft  across  international  borders  and  over  the  high  seas  under  Instrument  Flight  Rules. 
The amendments proposed in the two ICAO State Letters support this goal. 

Therefore, the proposed position to be taken on behalf of the Union is to support the proposed 
amendments in its entirety. 

The position to  be taken on the Union’s behalf,  provided the  ICAO Council adopts without 
any substantial change the proposed Amendments to the Chicago Convention, shall be not to 
notify  disapproval  and  to  notify  compliance  with  the  adopted  measure  in  reply  to  the 
respective  ICAO  State  Letters.  Where  Union  legislation  would  deviate  from  the  newly 
adopted  SARPs  after  an  envisaged  date  of  application  of  those  SARPs,  i.e.  28  November 
2024, a difference with those particular SARPs should be notified to ICAO. 

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 agreement7. 

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Commission 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. 1–194) 
Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying 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. 1–193) 
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. 1–148) 
Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and 
administrative  procedures  related  to  air  operations  of  third  country  operators  pursuant  to  Regulation 
(EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12–26) 
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. 1–126) 
Judgment  of 
ECLI:EU:C:2014:2258, paragraph 64.  

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

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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’8. 

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  notifications  regarding  a  disapproval  and  regarding  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.  

The envisaged acts are capable of decisively influencing the content of EU legislation, namely 
Commission Regulation (EU) No 748/20129, Commission Regulation (EU) No 1321/201410, 
Commission Regulation (EU) No 1178/201111, Commission Regulation (EU) No 965/201212, 
and potentially Commission Regulation (EU) No 452/201413, and Commission Implementing 
Regulation (EU) 2017/37314. New  ICAO SARPs will have to be introduced to the EU wide 
legislation  to  amend  the  current  legal  framework  in  order  to  regulate  the  design,  type 
certification and operation of RPAS operating across international borders and over the high 
seas. Therefore, the EU legislation will have to change accordingly.  

The  main  purpose  of  the  amendments  proposed  is  to  establish  a  legal  framework  for  the 
design,  type  certification  and  operation  of  remotely  piloted  aircraft  operating  accross 
international  borders  and  over  the  high  seas  under  Instrument  Flight  Rules.  In  accordance 
with Article 3(2) of the TFEU, the Union has exclusive external competence in this matter. 

The adopted act does not supplement or amend the institutional framework of the agreement. 

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

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

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  
Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the 
airworthiness and environmental certification of aircraft and related products, parts and appliances, as 
well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1–85) 
Commission 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. 1–194) 
Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying 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. 1–193) 
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. 1–148) 
Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and 
administrative  procedures  related  to  air  operations  of  third  country  operators  pursuant  to  Regulation 
(EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12–26) 
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. 1–126) 

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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) TFEU. 

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2021/0027 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the 222nd session of the 
Council of the International Civil Aviation Organization (ICAO) as regards the 
envisaged adoption of Amendment 177 to Annex 1, Amendment 47 to Annex 2, 
Amendment 108 to Annex 8, Amendment 90 to Annex 10 and of the new volume VI to 
Annex 10 the Convention on International Civil Aviation 

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) 

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 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. 

Pursuant  to  Article  54  of  the  Chicago  Convention,  the  ICAO  Council  may  adopt 
international  Standards  and  Recommended  Practices  (‘SARPs’),  and  designate  them 
as Annexes to the Chicago Convention.  
The  ICAO  Council,  at  its  222nd  session,  is  to  adopt  Amendment  177  -  Personnel 
Licensing to Annex 1, Amendment 47 to Annex 2 - Rules of the Air, Amendment 108 
to  Annex  8  -  Airworthiness  of  Aircraft,  Amendment  90  to  Annex  10  -  Aeronautical 
Telecommunications,  Volume  V  to  the  Chicago  Convention  on  Remotely  Piloted 
Aircraft Systems (RPAS) C2 Link  systems  and procedures and a new Volume VI to 
Annex 10.  

The main purpose of the amendments proposed is to establish a legal  framework for 
the  design,  type  certification  and  operation  of  remotely  piloted  aircraft  operating 
accross  international  borders  and  over  the  high  seas  under  Instrument  Flight  Rules. 
The  Union  is  a  strong  supporter  of  the  efforts  by  ICAO  to  establish  this  legal 
framework. 

It is appropriate to establish the position to be taken on the Union's behalf within the 
ICAO  Council  as  Amendment  177  to  Annex  1,  Amendment  47  to  Annex  2, 
Amendment  108  to  Annex  8,  Amendment  90  to  Annex  10  Volume  V,  and  the 
adoption  of  a  new  Volume  VI  to  Annex  10  will  be  binding  on  the  Union  and  are 
capable  of  decisively  influencing  the  content  of  Union  law,  namely  Commission 

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(7) 

(8) 

(9) 

Regulation  (EU)  No  748/201215,  Commission  Regulation  (EU)  No  1321/201416, 
Commission  Regulation  (EU)  No  1178/201117,  Commission  Regulation  (EU)  No 
965/201218,  and  potentially  Commission  Regulation  (EU)  No  452/201419,  and 
Commission Implementing Regulation (EU) 2017/37320. 
The Union's position during the 222nd session of the ICAO Council or any consequent 
session  with  regard  to  the  adoption  of  the  envisaged  Amendment  177  to  Annex  1, 
Amendment 47 to Annex 2, Amendment 108 to Annex 8, Amendment 90 to Annex 10 
Volume V, and the adoption of a new Volume VI to Annex 10 as outlined in the State 
Letters  AN  7/67.1.1-19/52  and  AN  3/5.12-19/53  should  be  to  support  these 
amendments in their entirety. This position should be expressed by the Member States 
of  the  Union  that  are  members  of  the  ICAO  Council,  acting  jointly  on  behalf  of  the 
Union.  

Once adopted, the Amendments to Annexes 1, 2, 8 and 10 of the Chicago Convention 
will  be  binding  on  all  ICAO  Member  States,  including  all  Member  States  of  the 
Union, in accordance with and within the limits set out in the Chicago Convention.  

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.  

(10)  Pursuant to Article 90 of the Chicago Convention, any such Annex or any amendment 
of  an  Annex  shall  become  effective  within  three  months  after  its  submission  to  the 
ICAO  contracting  States,  or  at  the  end  of  such  longer  period  of  time  as  the  ICAO 
Council may prescribe, unless in the meantime a majority of contracting ICAO States 
register their disapproval. 

(11)  The Union’s position after the adoption of Amendment 177 to Annex 1, Amendment 
47 to Annex 2, Amendment 108 to Annex 8, Amendment 90 to Annex 10 Volume V, 
and  the  adoption  of  a  new  Volume  VI  to  Annex  10  by  the  ICAO  Council,  to  be 
announced  by  the  ICAO  Secretary  General  via  an  ICAO  State  Letter  procedure, 

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Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the 
airworthiness and environmental certification of aircraft and related products, parts and appliances, as 
well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1–85) 
Commission 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. 1–194) 
Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying 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. 1–193) 
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. 1–148) 
Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and 
administrative  procedures  related  to  air  operations  of  third  country  operators  pursuant  to  Regulation 
(EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12–26) 
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. 1–126) 

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should  be  not  to  register  disapproval  and  to  notify  compliance.  Where  Union 
legislation  would  deviate  from  the  newly  adopted  SARPs  after  an  envisaged  date  of 
application of those SARPs, i.e. 28 November 2024, a difference with those particular 
SARPs  should  be  notified  to  ICAO.  This  position  should  be  expressed  by  all  the 
Member States of the Union, 

HAS ADOPTED THIS DECISION: 

1. 

2. 

Article 1 

The  position  to  be  taken  on  the  Union's  behalf  in  the  222nd  session  of  the  ICAO 
Council,  or  in  one  of  the  consequent  sessions,  shall  be  to  support  the  proposed 
Amendment 177 to Annex 1, Amendment 47 to Annex 2, Amendment 108 to Annex 
8, Amendment 90 to Annex 10 Volume V, and the adoption of a new Volume VI to 
Annex 10 to the Chicago Convention in their entirety.  

The position to be taken on the Union’s behalf, provided the ICAO Council adopts 
without  any  substantial  change  the  proposed  Amendment  177  to  Annex  1, 
Amendment 47 to Annex 2, Amendment 108 to Annex 8, Amendment 90 to Annex 
10  Volume  V,  and  the  adoption  of  a  new  Volume  VI  to  Annex  10  to  the  Chicago 
Convention referred to in paragraph 1, shall be not to notify disapproval and to notify 
compliance with the adopted measure in reply to the respective ICAO State Letters. 
Where  Union  legislation  would  deviate  from  the  newly  adopted  SARPs  after  an 
envisaged date of application of those SARPs, i.e. 28 November 2024, a difference 
with those particular SARPs should be notified to ICAO. 

Article 2 

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

This Decision is addressed to the Member States. 

Article 3 

Done at Brussels, 

For the Council 
The President 

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