Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 238th session of the Council of the International Civil Aviation Organization (ICAO), in respect of amendment 19 of Annex 17 – Aviation Security
Date: 2026-05-05
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Civil Aviation Organisation, air safety, air traffic, aviation security, civil aviation, fight against crime, international convention, international standard, revision of an agreement, safety standard

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   EUROPEAN COMMISSION  Brussels, 5.5.2026  COM(2026) 181 final 2026/0098 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 238th session of the Council of the International Civil Aviation Organization (ICAO), in respect of amendment 19 of Annex 17 – Aviation Security  
 
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 238th session of the Council of 
the International Civil Aviation Organization (ICAO), in respect of the proposal for 
the amendments of Annex 17 – Aviation Security to the Convention on International 
Civil Aviation (‘the Chicago Convention’) concerning Standards and Recommended 
Practices relating to aviation security.  

the position to be taken on the Union’s behalf after ICAO announces the adoption of 
amendment  19  to  Annex  17  to  the  Chicago  Convention  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 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, Switzerland and Poland are currently represented on the ICAO Council. 

The EU has observer status in ICAO. 

2.3. 

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

SARPs on aviation security have been adopted as Annex 17 to the Chicago Convention by the 
ICAO Council. 
The  ICAO  Council  should,  at  its  238th  Session  in  June  2026,  consider  the  proposed 
amendments  to  Annex  17.  A  State  Letter1  was  sent  to  ICAO  States  on  12  December  2025 
with the text proposals for their comments.  

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AS 8/2.1-25/95 Confidential 

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3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1. Proposed amendments and their relationship with existing Union rules  

The  proposed  amendments,  as  set  out  in  the  above-mentioned  State  Letter,  include  new 
definitions of transfer passengers and baggage, and transit passengers and baggage; a revised 
definition of human factors; a revised Recommended Practice on human factors; and a revised 
Standard on aircraft security checks or searches. 

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 (EC) No 300/2008 of the European Parliament and of the Council of 11 March 
2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 
2320/20022,  

— Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down 
detailed  measures  for  the  implementation  of  the  common  basic  standards  on  aviation 
security3, and 

—  Commission  Implementing  Decision  C(2015)  8005  of  16  November  2015  laying  down 
detailed measures for the implementation of the common basic standards on aviation security, 
as referred to in in point (a) of Article 18 of Regulation (EC) No 300/20084.  

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 Annex 17. 

The  proposed  amendments  represent  important  progress  and  improvement  of  the  existing 
Annex 17 text as they will improve a number of SARPs and their definitions, and will have 
the effect of aligning some practices more closely with existing approaches in  the Union, in 
particular in the area of aircraft security checks and searches.  

The specific proposed amendments are as follows: 

– 

– 

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The  proposed  amendment  to  the  definition  of  “Human  Factors  principles”  and 
Recommended  Practice  (RP)  2.5.2  aims  to  broaden  the  scope  of  the  existing  RP 
2.5.2, which is currently focused on technology development by ensuring that human 
factors  are  also  considered  in  the  development  and  implementation  of  policies, 
processes  and  procedures.  It  recognizes  that  security  personnel  have  an  important 
role  to  play  through  their  actions  and  behaviours  in  ensuring  effective  and 
sustainable  security.  Accordingly,  the  definition  of  “human  performance”  is 
proposed for deletion as the new definition of “human factors” replaces the need for 
such term in Annex 17. 

The  proposed  new  definitions  of  “transfer  passengers  and  baggage”  and  “transit 
passengers  and  baggage”  are  intended  to  bring  alignement  with  the  relevant 
definitions  used  in  the  ICAO  Aviation  Security  Manual  and  will  thus  ensure 
consistency 
terminology  across  ICAO  documents  as  well  as  consistent 
interpretation of the related Standards. 

in 

OJ L 97, 9.4.2008, p. 72,  EUR-Lex - 02008R0300-20100201 - FR - EUR-Lex 
OJ L 299, 14.11.2015, p. 1, EUR-Lex - 02015R1998-20260101 - FR - EUR-Lex 
Not published in the OJ. 

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– 

Annex  17  Standard  4.4.3  relating  to  the  screening  of  transfer  passengers  and  their 
cabin baggage and Standard 4.5.5 relating to the screening of transfer hold baggage 
establish the possibility to avoid screening on the basis of a One-Stop Security (OSS) 
arrangement  between  two  or  more  States.  However,  no  similar  provision  exists  for 
Standard 4.3.1 relating to aircraft security checks and searches. Since Standard 4.3.1 
does not foresee the possibility of foregoing an aircraft security check or search by 
using an OSS arrangement, for this to work the Standard would need to be amended 
to allow for a check or search requirement to be waived if a robust OSS system has 
been  established.  This  proposed  amendment  would  avoid  ICAO  audit  findings  to 
States  already  implementing  effective  OSS  arrangements  that  extend  to  aircraft 
security  checks  and  searches  and  is  therefore  of  high  importance  for  the  better 
recognition of Union’s internal OSS system in these important areas. 

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 17, 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 transport policies.  

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 agreement5. 

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’6. 

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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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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  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 of EU legislation, namely Regulation (EC) No 300/2008, Commission 
Implementing Regulation (EU) 2015/1998 and Commission Implementing Decision C(2015) 
8005 in so far as they explicitly refer to Annex 17 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 
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  91(1)  of  the  TFEU,  the  European  Union  shall  lay  down  (a) 
common rules applicable to international transport to or from the territory of a Member State 
or passing across the territory of one or more Member States; (b) the conditions under which 
non-resident carriers may operate transport services within a Member State; (c) measures to 
improve transport safety; (d) any other appropriate provision. 

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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2026/0098 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the 238th session of the 
Council of the International Civil Aviation Organization (ICAO), in respect of 
amendment 19 of Annex 17 – Aviation Security 

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). 

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 on 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  aviation  security  have  been  adopted  as  Annex  17  to  the  Chicago 
Convention by the ICAO Council. 
The ICAO Council, during its 238th session, is to adopt a number of amendments to 
Annex 17 to the Chicago Convention. The proposed amendments represent important 
progress  and  improvement  of  the  existing  Annex  17  text  as  they  will  improve  a 
number  of  SARPs  and  their  definitions,  and  will  have  the  effect  of  aligning  some 
practices more closely with existing approaches in the Union, in particular in the area 
of aircraft security checks and searches. 

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  (EC)  No  300/20087,  Commission  Implementing 

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Regulation  (EC)  No  300/2008  of  the  European  Parliament  and  of  the  Council  of  11  March  2008  on 
common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 
97, 9.4.2008, p. 72) 

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(7) 

(8) 

(9) 

Regulation  (EU)  No  2015/19988  and  Commission  Implementing  Decision  C(2015) 
80059.   

The  position  to  be  taken  on  the  Union’s  behalf  should  be  to  support  the  proposed 
amendment 19 to Annex 17 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 amendment 19 to Annex 17 
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  238th  session  of  the  ICAO 
Council, or in  any subsequent session, in  respect of amendment 19 of Annex 17 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  amendment  19  of  Annex  17  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 Annex 17 
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.  

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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, pp. 1–142) 
Commission  Implementing  Decision  C(2015)  8005  of  16  November  2015  laying  down  detailed 
measures  for  the  implementation  of  the  common  basic  standards  on  aviation  security  containing 
information, as referred to in point (a) of Article 18 of Regulation (EC) No 300/2008, not published in 
the OJ. 

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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. 

This Decision is addressed to the Member States. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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