Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 237th session of the Council of the International Civil Aviation Organization (ICAO), in respect of amendments 3, 12 and 15 of Annex 16, Volume I-III of the Chicago Convention concerning Standards and Recommended Practices relating to environmental protection
Date: 2026-02-12
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Civil Aviation Organisation, air traffic, civil aviation, environmental protection, environmental standard, greenhouse gas, international convention, international standard, noise pollution, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 12.2.2026  COM(2026) 66 final 2026/0042 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 237th session of the Council of the International Civil Aviation Organization (ICAO), in respect of amendments 3, 12 and 15 of Annex 16, Volume I-III of the Chicago Convention concerning Standards and Recommended Practices relating to environmental protection    
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns  

(i) 

(ii) 

the position to be taken on behalf of the Union in the 237th session of the Council of 
the International Civil Aviation Organization (ICAO), in respect of proposals for the 
amendment  of  Annex  16,  Volumes  I-III  of  the  Convention  on  International  Civil 
Aviation  (‘the  Chicago  Convention’),  concerning  Standards  and  Recommended 
Practices relating to environmental protection.  

the position to be taken on the Union’s behalf after ICAO announces the adoption of 
amendments 15, 12, and 3 to Annex 16 to the Chicago Convention – Environmental 
Protection,  inviting  its  Contracting  States  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.  It  entered  into  force  on  4  April  1947  and  established  the 
International Civil Aviation Organization (ICAO). 

All EU Member States are parties to the Chicago Convention. 

2.2. 

The International Civil Aviation Organization 

ICAO  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.  

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. 

The  ICAO Council is  a  permanent  body of the  ICAO with  a membership of 36 contracting 
States  elected  by  the  ICAO  Assembly  for  a  period  of  three  years.  France,  Germany,  Italy, 
Denmark, Spain, and Poland are currently represented in the ICAO Council. 

The EU has observer status in ICAO. 

2.3. 

The  envisaged  acts  of  the  Council  of  the  International  Civil  Aviation 
Organization  

The  International  Standards  and  Recommended  Practices  (SARPs)  on  Environmental 
Protection have been adopted as Annex 16 to the Chicago Convention by the ICAO Council. 
Annex  16  has  four  volumes.  The  three  volumes  relevant  for  the  present  proposal  have  the 
following scope: 

– 

– 

– 

Volume  I  concerning  Standards  and  Recommended  Practices  relating  to  aircraft 
noise; 

Volume  II  concerning  Standards  and  Recommended  Practices  relating  to  aircraft 
engine emissions; 

Volume III, concerning Standards and Recommended Practices relating to aeroplane 
CO2 emissions; 

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The  ICAO  Council  should,  at  its  237th  Session  from  23  March  to  2  April  2026,  consider 
possible changes to these Volumes. State Letters1 were sent to ICAO States in July 2025 with 
the expected changes for their comments.  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1. Proposed amendments and their relationship with existing Union rules  
It is necessary to adopt, ahead of the 237th Session of the ICAO Council, starting on 23 March 
2026, the position on the Union’s behalf to allow the Member States concerned to participate 
in the decisions on the proposed changes.  

Regarding Volume I, the expected proposed amendments, as set out in the above-mentioned 
State  Letter,  include  updates  of  the  Part  I  definitions  on  derived  versions,  adding  the 
definition  for  supersonic  aeroplanes,  and 
typographical,  editorial,  and 
miscellaneous  improvements.  The proposal  also  includes a new landing  and take-off  (LTO) 
noise  Standard  for  supersonic  aeroplanes  (as  the  new  Chapter  15),  and  a  new  LTO  noise 
Standard for subsonic aeroplanes (as the new Chapter 16). 

introducing 

Regarding Volume II, the expected proposed amendments, as set out in the above-mentioned 
State Letter, include  

(a) 

(b) 

(c) 

(d) 

applicability  language  improvements  and  introduction  of  the  new  terms  “parent 
engine”  and  “no  emissions  change  criteria”  to  increase  consistency  and  practical 
clarity for the users;  

updates to  the symbols  and definitions to  be  consistent with  Appendix  3 for use in 
the emission indices calculations, and introduction of three methods to determine the 
maximum  non-volatile  Particulate  Matter  (nvPM)  mass  concentration  and  three 
methods to determine maximum nvPM mass and number emission indices;  

introduction  of  a  new  nvPM  certification  point  reporting  requirement  for  57.5  per 
cent  of  rated  thrust  to  the  list  of  reference  points  to  be  determined  for  nvPM  mass 
and nvPM number emissions;  

alignment  of  provisions  with 
the  SAE  Aerospace  Recommended  Practices 
ARP6320B  “Procedure  for  the  Continuous  Sampling  and  Measurement  of  Non-
volatile  Particulate  Matter  Emissions  from  Aircraft  Turbine  Engines”  and  SAE 
ARP6481A  “Procedure  for  the  Calculation  of  nvPM  Sampling  and  Measurement 
System Losses and System Loss Correction Factors”. 

Regarding  Volume  III,  the  expected  proposed  amendments,  as  set  out  in  the  above-
mentioned State Letter, include  

(a) 

(b) 

introduction of a new CO2 Standard for subsonic aeroplanes with 10 per cent / 3 per 
cent more stringent limits for large/small aeroplanes with an applicability date on 31 
December 2031 for new aeroplane types, and more stringent emissions standard for 
in-production aeroplane types applicable on 1 January 2035;  

adjustments to increase the clarity and precision of terms, and to ensure the adequate 
and correct addressing of the different compliance methods (direct flight testing and 
performance models), for the purpose of specific air range (SAR) determination and 
reporting procedures. 

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SL 25/68, SL 25/69, and SL 25/67. 

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All proposed amendments are envisaged to become applicable on 1 January 2027.  

The subject matter of the envisaged act concerns an area for which the Union has exclusive 
external competence by virtue of the last limb of Article 3(2) TFEU as the envisaged acts are 
liable to affect common rules or alter their scope, namely:  

– 

– 

Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 
2018  on  common  rules  in  the  field  of  civil  aviation  and  establishing  a  European 
Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) 
No  1008/2008,  (EU)  No  996/2010,  (EU)  No  376/2014  and  Directives  2014/30/EU 
and  2014/53/EU  of  the  European  Parliament  and  of  the  Council,  and  repealing 
Regulations  (EC)  No  552/2004  and  (EC)  No  216/2008  of  the  European  Parliament 
and of the Council and Council Regulation (EEC) No 3922/91;2 and 

Commission  Regulation  (EU)  No  748/2012  of  3  August  2012  laying  down 
implementing  rules  for  the  airworthiness  and  environmental  protection  certification 
or  declaration  of  compliance  of  aircraft  and  related  products,  parts,  appliances, 
control and monitoring units and control and monitoring unit components, as well as 
for the capability requirements of design and production organisations3.  

3.2. Position to be taken on behalf of the Union 

Having  regard  to  the  relevant  Union  legislation,  the  position  to  be  taken  on  behalf  of  the 
Union in the ICAO Council should be to support the proposed amendments to Volumes I, II 
and III.  

The proposed amendments to the standards are an important step forward, in line with Union 
policies and should be welcomed. While some amendments may already align with existing 
practices  of  some  manufacturers,  and  may  not  require  radical  design  changes  or  the 
development of new technologies, their adoption by the ICAO Council is consistent with the 
Union's policies, promotes consistency at global level, and fosters a positive environment for 
continued innovation.   

Hence,  the  position  to  be  taken  on  the  Union’s  behalf,  provided  the  ICAO  Council  adopts 
without  any  substantial  change  the  proposed  Amendments  to  Annex  16  –  Environmental 
Protection, should be to not notify any disapproval, but to comply with the adopted measures 
in reply to the respective ICAO State Letter. Where Union legislation would deviate from the 
newly adopted ICAO Standards after an envisaged date of application of those Standards, the 
Union position on the differences with those particular Standards should be notified to ICAO 
by  Member  States,  on  the  basis  of  a  preparatory  document  submitted  in  due  time  by  the 
Commission  to the Council  for  discussion  and  approval,  and  setting  out the detailed 
differences for the time necessary to complete the implementation.  

4. 

CONSISTENCY WITH OTHER UNION POLICIES 

The  proposed  Decision  is  consistent  with  and  complements  other  policies  of  the  Union, 
notably energy, environmental and transport policies.  

2 
3 

OJ L 212, 22.8.2018, p. 1.  
OJ L 224, 21.8.2012, p. 1. 

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5. 

LEGAL BASIS 

5.1. 

Procedural legal basis 

5.1.1. 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 agreement4. 

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’5. 

5.1.2 Application to the present case  

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

The envisaged acts have legal effects for the purposes of Article 218(9) TFEU. In accordance 
with Article 54 of the Chicago Convention, the ICAO Council adopts international Standards 
and  Recommended  Practices  (SARPs),  designated  as  Annexes  to  the  Chicago  Convention. 
Such SARPs are binding under international law in accordance with Article 90 of the Chicago 
Convention  in  so  far  as  they  become  binding  for  all  ICAO  contracting  parties  unless  a 
majority of the latter register their disapproval with the ICAO Council.  

Further,  by  potentially  leading  to  amendments,  the  envisaged  acts  are  capable  of  decisively 
influencing  the  content  EU  legislation,  namely  Regulation  (EU)  2018/1139,  Commission 
Regulation (EU) No 748/2012 in so far as they explitly refer to  Annex 16, Volumes I-III to 
the Chicago Convention. 

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

Therefore, the adoption of the Union position in respect of such notifications falls within the 
scope of Article 218(9) of the TFEU. 

5.2. 

Substantive legal basis 

5.2.1 Principle 

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  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 

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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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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. 

5.2.2 Application to the present case 

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

In accordance with Article 192(1) and 191 of the TFEU, the European Union shall contribute 
to the pursuit, inter alia, of the following objectives: preserving, protecting and improving the 
quality of the environment; promoting measures at international level to deal with regional or 
worldwide environmental problems, and in particular combating climate change. 

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

5.3. 

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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2026/0042 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the 237th session of the 
Council of the International Civil Aviation Organization (ICAO), in respect of 
amendments 3, 12 and 15 of Annex 16, Volume I-III of the Chicago Convention 
concerning Standards and Recommended Practices relating to environmental protection   

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) 

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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). 

All Member States are Contracting States of the Chicago Convention and members 
of the ICAO, whereas the Union has observer status in certain ICAO bodies. There 
are six 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). 

The  SARPs  on  Environmental  Protection  have  been  adopted  as  Annex  16  to  the 
Chicago Convention by the ICAO Council. 
The ICAO Council, during its 237th session, is to adopt a number of amendments to 
Annex 16 to the Chicago Convention. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
ICAO  Council  as  the  proposed  amendments  have  legal  effect,  given  that  they  are 
binding under international law and are capable of decisively influencing the content 
of  Union  law,  namely  Regulation  (EU)  2018/11396,  and  Commission  Regulation 
(EU) No 748/20127.   

Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common 
rules  in  the  field  of  civil  aviation  and  establishing  a  European  Union  Aviation  Safety  Agency,  and 
amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 
and  Directives  2014/30/EU  and  2014/53/EU  of  the  European  Parliament  and  of  the  Council,  and 
repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the 
Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). 
Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the 
airworthiness  and  environmental  protection  certification  or  declaration  of  compliance  of  aircraft  and 
related  products,  parts,  and  appliances,  control  and  monitoring  units  and  control  and  monitoring  unit 
components,  as  well  as  for  the  capability  requirements  certification  of  design  and  production 
organisations (OJ L 224, 21.8.2012, p. 1). 

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(7) 

(8) 

(9) 

The  position  to  be  taken  on  the  Union’s  behalf  should  be  to  support  the  proposed 
amendments 3, 12 and 15 to Annex 16 to the Chicago Convention. 

The Union's 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. 

The Union’s position after the adoption of the proposed amendments 3, 12 and 15 to 
Annex 16 to the Chicago Convention by the ICAO Council, to be announced by the 
ICAO  Secretary  General  via  an  ICAO  State  Letter  procedure,  should  be  to  not 
register  any  disapproval  and  to  comply  with  the  amendments.  Where  Union 
legislation would deviate from the newly adopted SARPs after an envisaged date of 
application  of  those  SARPs,  a  difference  with  those  particular  SARPs  should  be 
notified  to  ICAO.  The  Union  position  with  respect  of  such  difference  should  be 
based  on  a  written  document  submitted  by  the  Commission  to  the  Council  for 
discussion and approval. 

HAS ADOPTED THIS DECISION: 

(1) 

(2) 

Article 1 

The  position  to  be  taken  on  the  Union's  behalf  in  the  237th  session  of  the  ICAO 
Council,  or  in  any  subsequent  session,  in  respect  of  amendments  3,  12  and  15  of 
Annex 16, Volumes I-III to the Convention on International Civil Aviation, shall be 
to support the proposed amendments in their entirety.  

The position to be taken on the Union’s behalf, provided the ICAO Council adopts 
without any substantial change the proposed amendments 3, 12 and 15 of Annex 16, 
Volumes I-III to the Chicago Convention referred to in paragraph 1, shall be to not 
register any disapproval and to notify compliance with the adopted measure in reply 
to the respective ICAO State Letter. Where Union legislation would deviate from the 
newly  adopted  international  standards    after  the  envisaged  date  of  application  of 
those  standards,  a  difference  with  those  particular  internatioal  standards  shall  be 
notified to ICAO, in accordance with Article 38 of the Chicago Convention. 

In the event that Union legislation differs from the standards contained in the Annex 
16  to  the  Chicago  Convention,  the  Commission  shall,  in  due  time  and  at  least  two 
months  before  any  deadline  set  by the ICAO  for the notification of differences, 
submit  to the Council,  for  discussion  and  approval,  a  preparatory  document  setting 
out the Union  position  on  the  detailed  differences  to  be  notified  to the ICAO 
on the Union’s behalf by the Member States.  

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 in the interest of the Union. 

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

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This Decision is addressed to the Member States. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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