Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 225th session of the Council of the International Civil Aviation Organization (ICAO) as regards the envisaged adoption of Amendment 178 to Annex 1, Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II, Amendment 24 to Annex 6 Part III, Amendment 7 to Annex 7, Amendment 109 to Annex 8, Amendment 91 to Annex 10, Vol IV, Amendment 17 to Annex 14, Vol I, Amendment 18 to Annex 17 and Amendment 29 to Annex 9 to the Convention on International Civil Aviation
Date: 2022-01-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Civil Aviation Organisation, air safety, aircraft, civil aviation, crew, international convention, international standard, professional qualifications, revision of an agreement, technical specification

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   EUROPEAN COMMISSION  Brussels, 17.1.2022  COM(2022) 10 final 2022/0003 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 225th session of the Council of the International Civil Aviation Organization (ICAO) as regards the envisaged adoption of Amendment 178 to Annex 1, Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II, Amendment 24 to Annex 6 Part III, Amendment 7 to Annex 7, Amendment 109 to Annex 8, Amendment 91 to Annex 10, Vol IV, Amendment 17 to Annex 14, Vol I, Amendment 18 to Annex 17 and Amendment 29 to Annex 9 to the Convention on International Civil Aviation   
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing:  

(i) 

(ii) 

the position to be taken on the Union’s behalf in the 225th session of the Council of 
the  International  Civil  Aviation  Organization  (ICAO)  in  connection  with  the 
envisaged adoption of Amendment 178 to Annex 1, Amendment 47 to Annex 6 Part 
I,  Amendment  40  to  Annex  6  Part  II,  Amendment  24  to  Annex  6  Part  III, 
Amendment 7 to  Annex 7, Amendment 109 to  Annex 8, Amendment 91 to  Annex 
10,  Vol  IV,  Amendment  17  to  Annex  14,  Vol  I,  Amendment  18  to  Annex  17  and 
Amendment 29 to Annex 9 of the Convention on International Civil Aviation and  

the position to be taken on the Union’s behalf after the ICAO announces the adoption 
of the Amendment 178 to Annex 1, Amendment 47 to Annex 6 Part I, Amendment 
40 to Annex 6 Part II, Amendment 24 to Annex 6 Part III, Amendment 7 to Annex 7, 
Amendment 109 to Annex 8, Amendment 91 to Annex 10, Vol IV, Amendment 17 
to Annex 14, Vol I, Amendment 18 to Annex 17 and Amendment 29 to Annex 9 of 
the Convention on International Civil Aviation 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.  

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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 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 225th or any subsequent session, the ICAO Council is expected to adopt:  

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Amendment  178  to  Annex  1  relating  to  global  recognition  of  electronic  personnel 
licences (EPL); 

Amendment  47  to  Annex  6  Part  I  relating  to  extended  diversion  time  operations 
(EDTO),  infant  life  jackets,  ground  proximity  warning  systems,  runway  overrun 
awareness and alerting systems and operational credit; 

Amendment 40 to  Annex 6 Part  II  relating to  operational  credit and  commensurate 
rescue and firefighting (RFF) provisions for general aviation (GA); 

Amendment 24 to Annex 6 Part III relating to operational credit, offshore alternates 
for long range helicopter operations and dangerous goods; 

Amendment  7  to  Annex  7  relating  to  registration,  deregistration  and  transfer  of 
registration of aircraft; 

Amendment  109  to  Annex  8  relating  to  State  responsibilities  in  case  of  third-party 
modifications  and  repairs,  cargo  compartment  fire  suppression  provisions,  and 
maintenance  on  aircraft  not  registered  in  the  State  that  issued  the  maintenance 
organization approval; 

Amendment  91  to  Annex  10,  Vol  IV  relating  to  the  introduction  of  Airborne 
Collision Avoidance System X (ACAS X) and to the reduction of the occurrences of 
false ACAS alerts on aircraft equipped with current ACAS with hybrid surveillance 
capability;  

Amendment  17  to  Annex  14,  Vol  I  relating  to  rescue  and  fire  fighting  for  general 
aviation; 

Amendment  18  to  Annex  17,  which  arises  from  the  review  of  Annex  17  by  the 
Thirty-second Meeting of the Aviation Security  Panel  (AVSECP/32), held from  31 
May to 4 June 2021; 

Amendment  29  to  Annex  9  relating  to  health  issues  outbreaks  in  aviation  and 
fighting  human  trafficking,  resulting  from  the  recommendations  of  the  Twelfth 
Meeting of the Facilitation Panel (FALP/12), held from 13 to 23 July 2021  

(‘the envisaged acts’). 

The purposes of the envisaged acts are as follows:  

Amendment 178 to Annex 1 

To  introduce  Chapter  5  Specifications  for  Personnel  Licences  in  Annex  1  regarding  the 
implementation  of  an  electronic  personnel  licences  (EPL)  system  in  order  to  improve 
efficiency and global recognition of such licences. 

The amendment is envisaged to become applicable on 3 November 2022.  

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Amendment 47 to Annex 6 Part I  

Concerning extended diversion time operations (EDTO), to amend Chapter 4 and to delete the 
entire Attachment C. The change is related to EDTO significant systems and intends to clarify 
that the most limiting restriction on an EDTO diversion length cannot be exceeded, and that 
this will need to be considered at dispatch. Attachment C being a guidance material is deleted 
since the EDTO Manual (Doc 10085) contains a full set of guidance on EDTO.  

Concerning  infant  life  jackets,  to  introduce  a  new  Note  Annex  6  Part  I  with  additional 
guidance  on  the  carriage  of  infant  life  jackets.  There  is  no  legal  obligation  on  contracting 
States to notify compliance or differences with Notes. 

Concerning  ground  proximity  warning  systems  (GPWS),  based  on  a  review  of  recent 
accidents, to upgrade the existing recommendation to a standard in Annex 6 Part I regarding 
GPWS for aircraft with a maximum certified take-off mass (MCTOM) of 5 700 kg or less and 
authorised to carry more than five but not more than nine passengers.  

Concerning  runway  overrun  awareness  and  alerting  systems  (ROAAs),  to  introduce  a  new 
Standard,  together  with  new  definitions  in  Chapter  1,  requiring  the  use  of  ROAAS  for 
commercial air transport aircraft, on a forward-fit basis.  

Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II and Amendment 24 to 
Annex  6  Part  III  relating  to  Performance-based  aerodrome  operating  minima  (PBAOM) 
and flight recorders 

Concerning  operational  credit  in  the  context  of  PBAOM,  the  PBAOM  concept  offers  the 
possibility  of  operational  credit  to  be  given,  i.e.  to  apply  lower  minima,  based  on  the 
performance of the ground-based infrastructure and aircraft systems.  

One purpose of the amendments to Annex 6 is to avoid references to specific systems – such 
as  enhanced  vision  systems  (EVS)  and  head-up  displays  (HUDs)  –  and  to  provide  more 
generic,  technology-neutral  text,  to  allow  for  further  developments  in  this  area.  Another 
change is the introduction of the definitions of basic and advanced aircraft – advanced aircraft 
having  additional  equipment  above  that  required  for  the  operation  as  compared  to  a  basic 
aircraft  which  only  has  the  equipment  needed  and  is,  therefore,  not  eligible  for  any 
operational  credit.  This  change  is  a  first  stage  in  introducing  the  concept  of  PBAOM  into 
commercial  operations,  to  facilitate  the  understanding  of  the  concept,  and  to  allow  the 
Standards to be written in a more generic manner.  

In  addition,  Attachment  H  to  Annex  6  Part  I  is  deleted  since  information  on  the  use  of 
automatic  landing  systems,  head-up  displays  and  vision  systems  is  now  contained  in  the 
Manual  on  All-Weather  Operations  (Doc  9365).  There  is  no  legal  obligation  on  contracting 
States to notify compliance or differences with guidance material.  

Concerning  flight  recorders,  to  amend  existing  Standards  in  Annex  6  to  introduce 
requirements  on  manufacturers  and  installers  of  flight  recorder  systems  to  provide  the 
information  necessary  to  maintain  the  flight  recorders  serviceable.  The  requirements  also 
clarify the periodicity of a maintenance task applicable to the flight data recorder.  

Amendment  40 to Annex 6 Part  II  and Amendment 17 to  Annex 14 Volume I relating to 
rescue and firefighting (RFF) provisions for general aviation (GA)  

To  introduce  a  new  Recommendation  in  Annex  6  Part  II  Section  2  (General  Aviation 
Operations) and new Standards in Annex 6 Part II Section 3 (Large and turbojet aeroplanes) 
and to Annex 14 Volume I, in Chapter 9.  

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In relation to Annex 6 Part II Sections 2 and 3, to clearly identify the need for the operator to 
consider the availability of RFF facilities and services at an aerodrome of intended operation. 

The  proposed  recommendation  in  Section  2  of  Annex  6  Part  II  allows  the  affected  GA 
operators  (in  the  EU  system,  NCO  operators),  to  assess  the  suitability  of  the  aerodrome  of 
intended operation and to include the availability of RFF facilities in this assessment. In the 
case of operators covered by Section 3 of Annex 6 Part II (in the EU system, NCC operators), 
which are required to have a safety management system (SMS) in place, the need to consider 
adequate  RFF  facilities  when  choosing  at  which  aerodrome  to  operate  should  be  addressed 
within the operator’s SMS. 

In  addition,  ICAO  is  proposing  to  exclude  GA  from  the  RFF  provisions  in  Annex  14  — 
Aerodromes,  Volume  I  —  Aerodrome  Design  and  Operations.  Some  States  interpret  the 
current text to mean that all aerodromes, regardless of size and type of operations, must have 
dedicated RFF facilities. For small, exclusively GA aerodromes, this creates a major burden, 
and it has resulted in the restriction of operating hours or even closure of the aerodrome. The 
temporary closure or restricted operating hours of airports is in itself a hazard, particularly to 
GA aircraft, which have a more limited fuel range, are often restricted to daylight operations, 
and  are  more  constrained  by  weather  conditions.  The  present  RFF  requirement  is  not 
proportionate, primarily  because the low mass, take-off and landing speeds and limited fuel 
capacity of small GA aircraft are unlikely to yield the type of take-off or landing accident that 
would require an aerodrome fire brigade. 

Amendment 24 to Annex 6 Part III 

Concerning offshore alternates for long range helicopter operations, changes to Standards and 
Recommended  Practices  to  remove  the  current  recommended  practice  to  not  use  offshore 
alternates  in  hostile  areas.  It  now  requires  the  operator  to  consider  all  the  relevant  factors 
when  making  the  determination  to  use  them.  The  change  allows  an  operator  to  plan  for  an 
offshore  alternate  in  a  hostile  area,  subject  to  the  completion  of  a  risk  assessment.  The 
intention is  for an operator to  safely and efficiently manage optimized payload against fuel, 
range and diversion requirements, while maintaining at least the equivalent level of safety as 
stated in the current provision.  

Concerning the carriage of dangerous goods by helicopter, to include a new Chapter 12 into 
Annex  6  Part  III.  There  are  currently  no  adequate  Standards  in  Part  III,  specifically  with 
regard  to  provisions  related  to  the  responsibilities  of  the  State  of  the  Operator.  Such 
provisions  are  needed  to  address  the  safe  oversight  of  dangerous  goods  operations  and  to 
clarify the requirements for operators not authorised to carry dangerous goods. The provisions 
are based on those included in Annex 6 Part I and have been adapted for Annex 6 Part III. The 
provisions are consistent with the Technical Instructions for the Safe Transport of Dangerous 
Goods by Air (Doc 9284, Technical Instructions). 

The amendments for Annex 6 Parts I, II and III and Annex 14 Vol I are envisaged to become 
applicable on 3 November 2022.  

Amendment 7 to Annex 7 

To facilitate the transfer of aircraft from one State to another, harmonize the current practice, 
as  well  as  foster  transparency  and  consistency  in  the  exchange  of  aircraft  ownership  data 
between States. 

Concerning aircraft registration, to  change  the certificate of registration  to indicate that it  is 
issued to either the aircraft owner, the aircraft operator or other. This change aims at reflecting 
current  commercial  practices  in  the  aviation  industry,  such  as  leasing,  where  the  aircraft  is 
operated by a different entity than the aircraft owner.  

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Concerning  deregistration  of  aircraft,  to  introduce  a  requirement  to  issue  a  certificate  of 
deregistration  of  aircraft  when  an  aircraft  is  deregistered.  Currently,  the  format  and 
information  in  a  notification  or  certificate  of  deregistration  issued  by  many  States  is  not 
standardized, leading to delays in registration.  

Amendment 7 to Annex 7 is envisaged to become applicable in 2 November 2023. However, 
the provisions related to the certificate of registration are envisaged to become applicable on 
26 November 2026. 

Amendment 109 to Annex 8  

To  amend  the  SARPs  in  Annex  8  to  improve  clarity  and  ensure  that  States  approving  any 
modification and repair (i.e. the States of Design Modification) have a clear understanding of 
their  continuing  airworthiness  responsibility  and  to  clarify  the  design  capabilities  of  cargo 
compartment  fire  suppression  in  large  aeroplanes,  helicopters  and  small  aeroplanes.  Also,  a 
Note is added clarifying that the proposed provisions in Chapter 6 to Part II do not prevent a 
maintenance organization from carrying out maintenance on aircraft not registered in the State 
that issued the maintenance organization approval and on aircraft without registration. There 
is no legal obligation on contracting States to notify compliance or differences with Notes. 

The applicability date for Amendment 109 to Annex 8 is 3 November 2022. 

Amendment 91 to Annex 10 Volume IV 

To amend existing SARPS in Annex 10, Vol IV to introduce Airborne Collision Avoidance 
System  X  (ACAS  X)  to  improve  safety,  reduce  unnecessary  alerts,  accommodate  new 
procedures and enable the use of other surveillance sources to support new aircraft types, and 
to  reduce  the  occurrence  of  false  ACAS  alerts.  The  amendment  is  envisaged  to  become 
applicable on 3 November 2022. 

Amendment 18 to Annex 17 

To  introduce  new  and/or  amend  existing  SARPs  in  Annex  17  to  the  Chicago  Convention 
related  to  security  culture;  aircraft  operator  security  programmes;  methods  to  detect 
explosives in hold baggage; and national civil aviation security quality control programmes. 
Amendment 18 is envisaged to become applicable in November 2022. 

Amendment 29 to Annex 9 

The  proposed  Amendment  29  to  Annex  9  includes,  among  others,  new  and/or  revised 
provisions  on  public  health  emergencies,  security  of  travel  and  health-proofs  documents, 
relief and repatriation flights, air transport facilitation of persons with disabilities, assistance 
to aircraft accident victims and their families, trafficking in persons, and a minor change in a 
note to Passenger Name Record (PNR) data to specify the term “push”.  

Especially  about  health,  on  15  April  2020,  the  Air  Transport  Committee  (ATC)  (C-DEC 
219/3) approved the Terms of Reference (ToRs) of a Task Force, with a mandate to review all 
the  health-related  Annex  9  SARPs  and  corresponding  guidance  material,  develop  proposals 
for new and or revised  Annex 9 provisions, and draft  relevant  guidance  material.  These are 
designed  to  provide  effective  ICAO  measures  for  States  to  implement  through  aviation 
authorities  with  requirements  for  aircraft  and  airport  operators  as  well  as  for  other 
stakeholders.  

The  Task  Force,  in  considering  the  inclusion  of  new  and  revised  health-related  SARPs,  has 
proposed  new  definitions,  and  modifications  to  Chapter  1  (disinsection  and  disinfection  of 
aircraft), to Chapter 6 (on aerodrome emergency plan to cover health outbreaks), to Chapter 8 
(on  the  collection  of  health  documentation,  fostering  digital  solutions  when  possible),  and 

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agreed on the establishing of a new Chapter (Chapter 10) in Annex 9 – Facilitation. The new 
Chapter 10 aims to  group new and revised health-related SARPs, including relocating some 
existing health-related SARPs from other Chapters in Annex 9, to the proposed new Chapter 
10. This Chapter will comprise 3 Sections: - A. International Health Regulations and Related 
Measures;  B.  Inspection of Health-related documentation; and C. Prevention and Mitigation 
of Communicable Diseases. However, due to intense work on the new and revised SARPs and 
time constraints, the Task Force was not able to group the SARPs in order to fully establish a 
new Chapter 10.  
The  12th  Facilitation  Panel  has  reviewed  and 
the 
recommendations  of  the  Task  Force  and  its  proposed  SARPs  with  additional  notes.  Some 
SARPs  have  been  modified  during  the  Panel,  reaching  a  consensus  amongst  participants  in 
the  end.  The  discussions  covered  the  contact  tracing  policy  and  the  status  of  health 
documentation  on  entry  or  transit.  Furthermore,  the  Panel  has  agreed  to  introduce  minor 
changes to the Passenger Locator Form.  

its  final  report 

integrated 

in 

Furthermore,  the  Comprehensive  Strategy  was  developed  by  ICAO’s  Facilitation  Panel 
Working  Group  on  Human  Trafficking  (WGHT).  This  includes  developing  guidelines  and 
assisting Member States to:  

a)  create  and  implement  a  comprehensive  facilitation-related  strategy  to  combat  human 
trafficking in civil aviation; and  

b) establish policies and protocols related to responding to a suspected incident(s) of human 
trafficking  that  include  clear  lines  of  reporting  to  law  enforcement  agencies,  responding  to 
instances of potential human trafficking and coordinating across State agencies, among States, 
and with stakeholders (including airports and airlines).  

This  Comprehensive  Strategy  complements  ICAO’s  existing  counter-trafficking  policies, 
guidance,  and  other  resources  that  were  developed  to  guide  the  aviation  sector  in  their 
counter-trafficking  efforts,  including  a  general  resolution,  two  recommended  practices, 
training  guidelines,  reporting  guidelines,  a  training  programme,  and  a  survey  of  Member 
States.  

These changes outlined in Amendment 29 are envisaged to become applicable in November 
2022. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

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

Amendment 178 to Annex 1 relating to global recognition of electronic personnel licences 
(EPL) 
In  response  to  the  recommendations  made  by  the  39th  Session  of  the  ICAO  Assembly,  the 
ICAO Secretariat  analysed the feasibility of developing Standards in Annex 1  —  Personnel 
Licensing,  for  implementing  an  electronic  personnel  licensing  system  with  the  objective  to 
improve safety and efficiency. The analysis indicated that an amendment to Annex 1 enabling 
the optional use of electronic personnel licences was feasible as long as careful attention was 
given  to  avoid  imposing  undue  burden  on  other  States  that  would  need  to  verify  the 
authenticity and validity of a licence. An Electronic Personnel Licence Task Force (EPL-TF) 
was  established  and  tasked,  inter  alia,  to  review  the  analysis  conducted  by  the  ICAO 
Secretariat  and  develop  proposed  provisions  that  would  carefully  consider  acceptance  of 
electronic licences by other States. 

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Member States have been consulted on the proposed amendments with ICAO State Letter AN 
12/1.1.25-20/112,  including  the  proposals  for  the  amendment  of  Annex  1  of  the  Chicago 
Convention. 

The  amendments  initially  proposed  in  State  Letter  AN  12/1.1.25-20/112  relate  to  the 
introduction  of  electronic  personnel  licences  on  self-contained  mobile  visual  electronic 
display  devices  in  addition  to  the  licences  issued  on  first  quality  paper  or  other  suitable 
material, including plastic cards. 

Following  the  recommendation  of  EASA  on  State  Letter  AN  12/1.1.25-20/112,  many  EU 
Member States recognised the relevant advantages given by an electronic licence and do not 
foresee any specific drawback. 

The  envisaged  Amendments  are  capable  of  decisively  influencing  the  content  of  EU 
legislation, namely Commission Regulation (EU) No 1178/20111 and Commission Regulation 
(EU)  No  2015/3402.  New  ICAO  SARPs  will  have  to  be  introduced  into  the  EU  wide 
legislation  to  amend  the  current  legal  framework  in  order  to  regulate  the  format,  type  and 
certification  of  self-contained  mobile  visual  electronic  display  devices,  as  well  as  the 
possibility to access relevant data with and without connection to internet while safeguarding 
the integrity, privacy and safety of personal data. 

Amendment  47  to  Annex  6  Part  I,  Amendment  40  to  Annex  6  Part  II,  Amendment  24  to 
Annex 6 Part III and Amendment 17 to Annex 14, Vol I 

Amendment 47 to Annex 6 Part I on extended diversion time operations (EDTO) should be 
transposed into Commission Regulation (EU) No 965/20123. 

Amendment 47 to Annex 6 Part I relating to infant life jackets corresponds to existing rules in 
Commission Regulation (EU) No 965/2012, addressing equipage and stowage of life jackets 
or  equivalent  flotation  devices  for  infants.  The  same  applies  to  ground  proximity  warning 
systems (GPWS). EASA submitted information to support the cost benefit analysis performed 
by  ICAO.  This  analysis  identified  a  positive  cost/benefit  for  this  change  on  a  forward-fit 
basis, but not enough to justify a retrofit. No changes to EU rules will be required.  

Amendment 47 to Annex 6 Part I relating to runway overrun awareness and alerting systems 
(ROAAS)  corresponds  to  existing  rules  in  Commission  Regulation  (EU)  No  2015/6404.  No 
changes to EU rules will be required.  

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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 

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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 805/2011, OJ L 63, 6.3.2015, p. 1–122  

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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  

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a given type of operations and amending Regulation (EU) No 965/2012, OJ L 106, 24.4.2015, p. 18–22  

Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for 

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Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II and Amendment 24 to 
Annex 6 Part III relating to operational credit in the context of performance-based aerodrome 
operating  minima  (PBAOM)  corresponds  to  existing  rules  in  Commission  Regulation  (EU) 
No 965/2012. No changes to EU rules will be required. 

Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II and Amendment 24 to 
Annex  6  Part  III  relating  to  flight  recorders.  The  investigation  of  accidents  and  serious 
incidents by several States have been hindered because the flight recorder systems (flight data 
recorder system and/or cockpit voice recorder system) installed on the aircraft concerned had 
not  been  maintained  serviceable.  This  resulted  in  problems  in  the  recording  files  retrieved 
from  the  flight  recorders  (such  as  missing  information,  invalid  parameter  values  or  non-
intelligible audio recording). One of the contributing factors to this issue is that information to 
maintain  flight  recorder  systems  serviceable  is  often  incomplete.  Operators  shall  ensure  the 
continued  serviceability  of  flight  recorder  systems,  but  without  the  appropriate  information 
they cannot meet this requirement. 

The proposals in ICAO State Letter SP 55/4-20/94 amend ICAO Standards in Appendix 8 to 
Annex 6 Part I, Appendix 2.3 to Annex 6 Part II and Appendix 4 to Annex 6 Part III. These 
proposals: 

1. 

2. 

Amend  the  ICAO  Standards  applicable  to  the  flight  recorder  system  manufacturer 
and introduce ICAO Standards applicable to the flight recorder system installer, with 
an  aim  to  require  that  these  organizations  provide  the  information  sufficient  for 
operators to maintain flight recorders serviceable. 

Amend  the  ICAO  Standards  applicable  to  a  maintenance  task  of  the  flight  data 
recorder (so-called ‘calibration of the flight data recorder’) with a view to clarify its 
periodicity. 

In a recommendation for a reply to  this State Letter, which was sent  to  EU Member States, 
EASA supported the intent  of the proposed  amendments described in  point 1 but  suggested 
some changes to their wording. Regarding point 2, EASA commented that one of the ICAO 
Standard proposed to be amended should be removed instead. 

Twelve EU Member States repeated the EASA analysis and comments in their reply to ICAO 
State Letter SP 55/4-20/94. The other EU Member States did not reply to that State Letter. 

Following the consultation on State Letter SP 55/4-20/94, the non-editorial changes proposed 
by  EASA  and  EU  Member  States  were  accepted  by  the  ICAO  Secretariat,  except  for  the 
ICAO  Standard  that  EASA  had  proposed  to  remove.  The  envisaged  Amendments  will  not 
affect EU Regulations but most likely lead to changing some AMC to Air OPS rules and/or 
minor changes to Certification Specifications (CS-ETSO, CS-25 and CS-29). 

Amendment 40 to Annex 6 Part II and Amendment 17 to Annex 14 Vol I relating to rescue 
and  firefighting  (RFF)  provisions  for  general  aviation  (GA)  should  be  transposed  into 
Commission Regulation (EU) No 965/2012 and Commission Regulation (EU) No 139/20145 
respectively. 

Amendment  24  to  Annex  6  Part  III  relating  to  offshore  alternates  for  long  range  helicopter 
operations  proposes  safety  criteria  as  well  as  the  need  for  an  approval.  Those  proposals 

5 
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. 1–34 

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correspond  to  rules  in  Commission  Regulation  (EU)  No  965/2012.  No  changes  to  EU 
regulations will be required.  

Amendment  24  to  Annex  6  Part  III  relating  to  dangerous  goods  requires  no  change  to  EU 
Regulations since Commission Regulation (EU) No 965/2012 refers to ICAO Annex 18 and 
the associated Technical Instructions directly. 

Amendment 7 to Annex 7 relating to registration, deregistration and transfer of registration 
of aircraft 

Amendment 7 to Annex 7 sets out the modalities of implementation of aircraft registration, by 
adapting  the  template  of  the  certificate  of  registration  and  introducing  a  template  of  the 
certificate of deregistration.  

While certificates of aircraft registration or deregistration are currently not  regulated by EU 
law, Amendment 7 to Annex 7 refers to an area covered by Regulation (EC) No 1008/20086, 
which establishes the general framework of registration of aircraft at EU level. The principle 
guiding  Amendment  7  to  Annex  7  to  facilitate  of  the  transfer  of  aircraft  from  one  State  to 
another corresponds to rules in Regulation (EC) No 1008/2008. 

Amendment  109  to  Annex  8  relating  to  State  responsibilities  in  case  of  third-party 
modifications and repairs 

The amendment to Annex 8, Part I and Part II, Chapter 4 clarifies the responsibilities of the 
State  of  Design  of  Modification  and  adequately  differentiates  from  the  original  State  of 
Design  or  Manufacture  of  the  aircraft,  engine  or  propeller.  This  includes  receiving  and 
evaluating defect information and the development and distribution of mandatory continuing 
airworthiness  information.  The  new  SARPs  are  limited  to  clarification  of  the  mandatory 
continuing  airworthiness  information  responsibilities  only  since  the  existing  SARPs  already 
require the design and/or manufacture of those modifications and/or repairs to be acceptable 
to the State of Registry of the affected aircraft. 

The system for EASA to fulfil its responsibility (as State of Design or as State of Design of 
Modification)  is  already  provided  for  in  Commission  Regulation  (EU)  No  748/20127.  This 
system  includes  the  receipt  and  evaluation  of  defect  information,  and  the  development  and 
distribution of mandatory continuing airworthiness information. 

Amendment 109 to Annex 8 relating to cargo compartment fire suppression provisions 

The  amendment  clarifies  the  design  capabilities  of  cargo  compartment  fire  suppression  in 
large aeroplanes. This amendment does not introduce new requirements for the current fleet. 
Instead, it aligns the language with  what  is  being required in  current  airworthiness  codes of 
the States of Design that have already been accepted for the existing fleet and applies to new 
design aircraft. 

Commission Regulation (EU) N 748/2012  is  not  affected  by  these  proposed  SARPs  as  the 
related  requirements  are  already  reflected  in  the  Certification  Specification  (CS-25  ‘Large 

6  
the operation of air services in the Community, OJ L293, 31.10.2008, p. 3 

Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for  

Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the 

7 
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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Aeroplanes’) 
Regulation (EU) 2018/1139. 

issued 

by  EASA 

according 

to 

point 3 

of  Article 

76 

of 

In  addition,  the  amendment  introduces  new  provisions  requiring  (for  large  aeroplanes)  and 
recommending (for helicopters and small aeroplanes) the design approval holder to provide to 
the operator information on cargo compartment fire protection capabilities as certified for new 
production  and  new  design  aircraft.  EASA  participated  in  the  drafting  of  these  SARPs  and 
considers  that  they  will  assist  operators  in  determining  the  limitations  of  specific  aircraft 
cargo compartment fire suppression systems. 

These  new  SARPs  will  affect  Commission Regulation (EU) No 2015/640.  EASA  intends  to 
programme a rulemaking task to transpose these SARPs once adopted by the ICAO Council. 

Amendment 91 to Annex 10, Volume IV 

After  the  implementation  date,  there  will  be  a  mixed  fleet  of  aircraft  ACAS  X/TCAS  7.1 
equipped, which would need to be accommodated by the ground systems. The impact of such 
mixed  equipped  fleet  on  the  ANSPs  needs  to  be  further  identified  and  detailed  by  ICAO. 
Although  the  previous  State  Letter  does  not  capture  this,  to  facilitate  the  incident 
investigations, Air Navigation Service Providers would need to update their ground system to 
extract  the  ACAS  software  part  number.  Additionally,  ANSPs  using  the  Resolution 
Advisories (RA) may need to adapt the RA report decoding, depending on which detailed RA 
report  information  is  displayed  to  their  controllers.  As  there  are  operational  differences 
between  ACAS  II  and  ACAS  Xa the  impact  of such differences needs  to  be detailed in  the 
ACAS Manual (Doc 9863). 

For aircraft operators, the impact will be limited, as the ACAS X equipment introduction is 
optional. ACAS X main differences consist in the collision avoidance logic and the sources of 
surveillance data. As the avoidance algorithm is transparent for the pilot and considering the 
reduced  probability  of  a  pilot  receiving  an  ACAS  II  RA,  coupled  with  the  procedures 
remaining  the  same,  it  could  be  argued  that  training  may  not  be  needed.  However,  during 
potential  conflict  situations  where  an  Airborne  Collision  Avoidance  System  (ACAS) 
intervention  is  necessary,  ACAS  Xa  will  provide  resolution  guidance  with  similar,  but  not 
identical, alert timings, durations, and sequences as TCAS II version 7.1. Since this optimized 
safety  logic  is  expected  to  reduce  unnecessary  alerts  in  non-conflict  situations,  ACAS  Xa 
resolution advisories may not be issued under the same conditions as TCAS II version 7.1. 

As there are operational differences between ACAS II with collision avoidance logic version 
7.1  and  ACAS  Xa  (even  if  the  procedures  are  the  same),  differences  would  need  to  be 
captured.  In  fact  the  amendment  states  that  the guidance  material  related  to  both  TCAS  7.1 
compliant systems and  ACAS  X compliant  systems  are contained in the Airborne Collision 
Avoidance  System  (ACAS)  Manual  (Doc  9863).  However,  to  date,  changes  to  the  ACAS 
Manual (Doc 9863) have not been finalised. 

The European regulatory framework would need to be updated to include the use of ACAS X. 

The  impacted  regulations  and/or  the  associated  guidance  material  include  Commission 
Regulation  (EU)  No  1332/20118  -  Airspace  Usage  Requirements  and  Operating  Procedures 
for  Airborne  Collision  Avoidance  and  Commission  Regulation  (EU)  No  965/2012-  Air 
Operations.  Other  regulations  and  their  respective  acceptable  means  of  compliance  and 

8 
usage requirements and operating procedures for airborne collision avoidance, OJ L 336, 20.12.2011, p. 20–22 

Commission Regulation (EU) No 1332/2011 of 16 December 2011 laying down common airspace 

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guidance  material  may  be  affected.  EASA  Certification  Specification  for  Airborne 
Communication  Navigation  and  Surveillance  (CS-ACNS)  as  well  as  Certification 
Specifications  for  European  Technical  Standard  Orders  (CS-ETSO)  would  also  require 
updates.  

Amendment 18 to Annex 17 

The  ICAO  Aviation  Security  Panel,  at  its  Thirty-second  Meeting,  which  was  held  virtually 
from 31 May to 4 June 2021, reviewed Annex 17. The ICAO Council, at the eleventh meeting 
of its 223rd Session on 25 June 2021, considered the proposals put forward to amend Annex 
17.  The  ICAO  Secretary  General  informed  States  about  the  proposal  for  Amendment  18  to 
Annex 17 through State Letter AS 8/2.1-21/48 Confidential of 20 July 2021. 

The proposed amendments introduce new and/or amend existing SARPs in Annex 17 related 
to  security  culture;  aircraft  operator  security  programmes;  methods  to  detect  explosives  in 
hold baggage; and national civil aviation security quality control programmes. 

Most new or revised provisions introduced by  Amendment  18 to  Annex 17 will not  require 
any amendment to Union law as they are already part of it. One new standard introduced in 
the area of preventive security measures does however require an amendment to Commission 
Implementing Regulation (EU) 2015/19989. Such an amendment will ensure that procedures 
established  to  deal  with  unidentified  baggage  will  be  extended  to  also  cover  suspicious 
objects. 

Amendment 29 to Annex 9 

Most of the new or revised provisions proposed by Amendment 29 to Annex 9 do not require 
any amendment to Union law as Union law already addresses these standards. As regards the 
human  trafficking  part,  the  transportation-related  national  laws  include  the  2002  European 
Union Council Framework Decision on the Strengthening of the Penal Framework to Prevent 
the Facilitation of Unauthorized Entry, Transit, and Residence10; the 2005 Council of Europe 
Convention on Action against Trafficking in Human Beings11; and the 2011 European Union 
Directive  on  Preventing  and  Combating  Trafficking  in  Human  Beings  and  Protecting  its 
Victims12.  As  regards  PNR,  only  an  information  note  to  specify  the  term  “push”  has  been 
amended. These elements are already covered by Directive 2016/681 on the use of passenger 
name  record  (PNR)  data  for  the  prevention,  detection,  investigation  and  prosecution  of 
terrorist offences and serious crime13. 

3.2. 

Position to be taken on Union’s behalf  

The  Union  acknowledges  the  need  to  establish  a  harmonised  regulatory  framework  at 
international level.  

9 

10 

11 

12 

13 

Commission  Implementing  Regulation  (EU)  2015/1998  of  5  November  2015  laying  down  detailed 
measures  for  the  implementation  of  the  common  basic  standards  on  aviation  security,  OJ  L  299, 
14.11.2015, p. 1–142 
Council  framework  Decision  of  28  November  2002  on  the  strengthening  of  the  penal  framework  to 
prevent the facilitation of unauthorised entry, transit and residence, OJ L 328, 5.12.2002, p. 1–3 
Council  of  Europe  Convention  on  Action  Against  Trafficking  in  Human  Beings  (CETS  No.  197), 
available at https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/197. 
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and 
combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11 
Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of 
passenger  name  record  (PNR)  data  for  the  prevention,  detection,  investigation  and  prosecution  of 
terrorist offences and serious crime, OJ L 119, 4.5.2016, p. 132–149 

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The  implementation  of  an  electronic  licence  system  is  seen  as  advantage  and  should  be 
supported. 

The proposed amendments for Annexes 6 and 14 Vol I cover offshore alternates, rescue and 
fire  fighting  for  general  aviation,  and  several  items  of  guidance  arising  from  the  5th  and  6th 
meetings of the Flight OPS panel as well as continued serviceability of flight recorders. Since 
most of the new amendments to Annex 6 correspond to existing EU rules and the others are 
considered appropriate, the proposed position to be taken on behalf of the Union is to support 
the amendments. 

Since most of the new SARPs in Amendment 109 to Annex 8 correspond to existing EU rules 
and the others are considered appropriate, the proposed position to be taken on behalf of the 
Union is to support the proposal. 

In  addition,  the  Union  recognizes  the  need  to  ensure  harmonised  levels  of  safety  and  to 
implement improved technologies as proposed with the Amendment to Annex 10, Vol IV. 

Hence, the position to be taken on the Union’s behalf regarding the proposed amendments to 
the Chicago Convention, provided that the  ICAO Council adopts the proposed amendments  
without any substantial changes, should be to not notify disapproval and to notify compliance 
with  the  adopted  measures  in  reply  to  the  respective  ICAO  State  Letters.  Where  Union 
legislation would deviate from the newly adopted ICAO Standards after the envisaged date of 
application  of  those  Standards,  i.e.  3  November  2022,  a  difference  with  those  particular 
Standards  should  be  notified  to  ICAO  but  only  for  the  time  necessary  to  complete  their 
implementation in Union law.  

The  proposed  Amendment  18  to  Annex  17  includes,  among  others,  new  and/or  revised 
provisions on: a new Recommended Practice on security culture; a new Standard on aircraft 
operator  security  programmes;  a  new  Standard  on  methods  to  detect  explosives  in  hold 
baggage; and a new Standard outlining essential elements of a national civil aviation security 
quality control programme. 

All  these  provisions  aim  at  reinforcing  the  worldwide  aviation  security  baseline  and  should 
therefore be supported in  their entirety. Most of the proposed provisions are already part of 
Union law and thus implemented by Member States.  

The aim of Amendment 7 to Annex 7 is to facilitate of the transfer of aircraft from one State 
to  another.  By  allowing  aircraft  registration  in  another  Member  State  or  in  a  third  country, 
existing  EU  rules  are  based  on  the  same  principle.  This  Amendment  should  therefore  be 
supported. 

Amendment  29  to  Annex  9  aims  at  enhancing  the  preparedness  to  future  pandemics,  in 
learning  from  the  lessons  of  the  COVID-19  pandemic  and  setting  a  first  adequate  health 
response to any future pandemics, but also to further combat human trafficking in setting up 
an extensive strategy. Furthermore, this Amendment contains minor but useful amendments to 
repatriation  flights  and  air  transport  of  passengers  with  disabilities  and  a  modification  of  a 
note in the PNR section. This Amendment should therefore be supported. 

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 

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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 agreement14.  

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’15.  

4.1.2.  Application to the present case  

The ICAO Council is a body set up by an agreement, namely the 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.   

Most of the envisaged acts are capable of decisively influencing the content of EU legislation, 
namely  Commission  Regulation  (EU)  No  1178/2011,  Commission  Regulation  (EU)  No 
1139/2018,  Commission  Regulation  (EU)  No  965/2012,  Commission  Regulation  (EU)  No 
2015/640,  Regulation  (EC)  No  1008/2008,  Commission  Regulation  (EU)  No  139/2014, 
Commission  Regulation  (EU)  No  1332/2011  and  Commission  Regulation  (EU)  No 
2015/1998. 

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.  

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

ECLI:EU:C:2014:2258, paragraph 64.   

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

ECLI:EU:C:2014:2258, paragraphes 61 to 64.   

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2022/0003 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the 225th session of the 
Council of the International Civil Aviation Organization (ICAO) as regards the 
envisaged adoption of Amendment 178 to Annex 1, Amendment 47 to Annex 6 Part I, 
Amendment 40 to Annex 6 Part II, Amendment 24 to Annex 6 Part III, Amendment 7 to 
Annex 7, Amendment 109 to Annex 8, Amendment 91 to Annex 10, Vol IV, Amendment 
17 to Annex 14, Vol I, Amendment 18 to Annex 17 and Amendment 29 to Annex 9 to 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 
currently 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  225th  session,  is  to  adopt  Amendment  178  to  Annex  1, 
Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II, Amendment 24 
to  Annex  6  Part  III,  Amendment  7  to  Annex  7,  Amendment  109  to  Annex  8, 
Amendment 91 to Annex 10, Vol IV, Amendment 17 to Annex 14, Vol I, Amendment 
18  to  Annex  17  and  Amendment  29  to  Annex  9  to  the  Convention  on  International 
Civil Aviation.  

The main purpose of the Amendment to Annex 1 is to enable the implementation of an 
electronic personnel licensing system with the objective to improve efficiency. 

The main purpose of the Amendments to Annex 6 Parts I, II and III is to strengthen the 
legal  framework  for  the  continued  serviceability  of  flight  recorders  of  the  Chicago 
Convention;  to  improve clarity  on  the  provisions  relating  to  extended  diversion  time 
operations  (EDTO)  and  infant  life  jackets;  to  mandate  ground  proximity  warning 
systems  (GPWS)  on  certain  aeroplanes;  to  add  a  new  Standard  to  equip  aeroplanes 
under  certain  conditions  with  runway  overrun  awareness  and  alerting  systems 
(ROAAS);  to  provide  operational  credit  in  the  context  of  performance  based 

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aerodrome  operating  minima  (PBAOM);  to  ensure  that  adequate  rescue  and 
firefighting  (RFF)  facilities  and  services  are  available  at  the  intended  aerodrome  of 
operation;  to  update  the  provisions  relating  to  offshore  alternates  for  long-range 
helicopter operations to determine alternate aerodromes; to add provisions related the 
transport of Dangerous Good in helicopters and update related training provisions. 

The  main  purpose  of  the  Amendment  to  Annex  14,  Vol  I  relating  to  rescue  and 
firefighting  (RFF)  for  general  aviation  is  to  exclude  general  aviation  from  the  RFF 
provisions in Annex 14.  

The  main  purpose  of  the  Amendment  to  Annex  7  is  to  facilitate  of  the  transfer  of 
aircraft  from  one  State  to  another  by  adapting  the  template  of  the  certificate  of 
registration and introducing a template of the certificate of deregistration.  

The main purpose of the Amendment to Annex 8 is to improve clarity and ensure that 
States  approving  any  modification  and  repair  have  a  clear  understanding  of  their 
continuing airworthiness responsibility and to  clarify the design capabilities of cargo 
compartment fire suppression in large aeroplanes, helicopters and small aeroplanes. 

(7) 

(8) 

(9) 

(10)  The main purpose of the Amendment to  Annex 10, Vol  IV is to  introduce ACAS  X 

and to reduce the occurrence of false ACAS alerts. 

(11)  The main purpose of Amendment 18 to Annex 17 is to introduce new and/or amend 
existing  SARPs  in  Annex  17  related  to  security  culture;  aircraft  operator  security 
programmes; methods to detect explosives in hold baggage; and national civil aviation 
security quality control programmes; 

(12)  The  main  purpose  of  Amendment  29  to  Annex  9  is  to  enhance  the  preparedness  of 
States for future pandemics, by learning from the lessons of the COVID-19 pandemic 
and setting out a first adequate health response to future pandemics in Annex 9. The 
Amendment  further  addresses  the  combating  of  human  trafficking  in  setting  up 
standards for a comprehensive strategy. Furthermore, the Amendment contains minor 
but  useful  amendments  to  repatriation  flights  and  air  transport  of  passengers  with 
disabilities, and the modification of a note in the Passenger Name Record (PNR) data 
section specifying the term “push”.  

(13) 

It is appropriate to establish the position to be taken on the Union's behalf within the 
ICAO  Council  as  Amendment  178  to  Annex  1,  Amendment  47  to  Annex  6  Part  I, 
Amendment 40 to Annex 6 Part II, Amendment 24 to Annex 6 Part III, Amendment 7 
to  Annex  7,  Amendment  109  to  Annex  8,  Amendment  91  to  Annex  10,  Vol  IV, 
Amendment 17 to Annex 14, Vol I, Amendment 18 to Annex 17 and Amendment 29 
of  Annex  9  to  the  Chicago  Convention  are  capable  of  decisively  influencing  the 
content  of  Union  law,  namely  Commission  Regulation  (EU)  No  1178/2011, 
Commission  Regulation  (EU)  No  1139/2018,  Commission  Regulation  (EU)  No 
965/2012, Commission Regulation (EU) No 2015/640, Commission Regulation (EU) 
No  139/2014,  Commission  Regulation  (EU)  No  1332/2011  and  Commission 
Regulation (EU) No 2015/1998. 

(14)  The Union's position during the 225th session of the ICAO Council or any subsequent 
session  with  regard  to  the  adoption  of  the  envisaged  Amendment  178  to  Annex  1, 
Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II, Amendment 24 
to  Annex  6  Part  III,  Amendment  7  to  Annex  7,  Amendment  109  to  Annex  8, 
Amendment 91 to Annex 10, Vol IV, Amendment 17 to Annex 14, Vol I, Amendment 
18 to Annex 17 and Amendment 29 to Annex 9 to the Chicago Convention as outlined 
in  the  State  Letters  AN  12/1.1.25-20/112,  AN  11/1.1.34-20/75,  AN 3/45-20/85  and 

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AN 3/1.2-20/76,  AN  7/1.3.105-20/42,  SP  55/4-20/94,  AS  8/2.1-21/48  Confidential, 
EC 6/3 − 21/67 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.  

(15)  The Union’s position after the adoption by the ICAO Council of Amendment 178 to 
Annex  1,  Amendment  47  to  Annex  6  Part  I,  Amendment  40  to  Annex  6  Part  II, 
Amendment  24  to  Annex  6  Part  III,  Amendment  7  to  Annex  7,  Amendment  109  to 
Annex 8, Amendment 91 to  Annex 10, Vol  IV,  Amendment 17 to  Annex 14, Vol  I, 
Amendment  18  to  Annex  17  and  Amendment  29  to  Annex  9  to  the  Chicago 
Convention, to be announced by the ICAO Secretary General via an ICAO State Letter 
procedure,  should  be  not  to  register  disapproval  and  to  notify  compliance,  provided 
that  the  Amendments  are  adopted  without  substantial  changes.  Where  Union 
legislation would deviate from the newly adopted SARPs after the envisaged date of 
application  of  those  SARPs,  a  difference  with  those  particular  SARPs  should  be 
notified  to  ICAO  in  accordance  with  Article  38  of  the  Chicago  Convention  for  the 
period during which the deviation exists.  

(16)  This position should be expressed by all 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  225th  session  of  the  ICAO 
Council, or in any subsequent session, shall be to support the proposed Amendment 
178 to Annex 1, Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part 
II, Amendment 24 to Annex 6 Part III, Amendment 7 to Annex 7, Amendment 109 
to Annex 8, Amendment 91 to Annex 10, Vol IV, Amendment 17 to Annex 14, Vol 
I,  Amendment  18  to  Annex  17  and  Amendment  29  to  Annex  9  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  178  to  Annex  1, 
Amendment 47 to Annex 6 Part I, Amendment 40 to Annex 6 Part II, Amendment 24 
to  Annex  6  Part  III,  Amendment  7  to  Annex  7,  Amendment  109  to  Annex  8, 
Amendment  91  to  Annex  10,  Vol  IV,  Amendment  17  to  Annex  14,  Vol  I, 
Amendment  18  to  Annex  17  and  Amendment  29  to  Annex  9  to  the  Chicago 
Convention referred to in paragraph 1, shall be to not notify disapproval and to notify 
compliance with  the adopted measure in  reply to the respective  ICAO State  Letter. 
Where Union legislation would deviate from the adopted SARPs after the envisaged 
date of application of those SARPs, a difference with those particular SARPs shall be 
notified to ICAO. 

Article 2  

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

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

This Decision is addressed to the Member States.  

Article 3  

EN 

3 

  EN 

Done at Brussels, 

For the Council 
The President 

EN 

4 

  EN