Legal provisions of COM(2022)545 - EU position for the adoption of international standards, amendments or the notification of differences to the Annexes to the Convention on International Civil Aviation

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dossier COM(2022)545 - EU position for the adoption of international standards, amendments or the notification of differences to the Annexes to the ...
document COM(2022)545 EN
date March 28, 2023

Contents

Article 1

The position to be adopted on behalf of the Union in the International Civil Aviation Organization Council when that body is called upon to adopt decisions in the areas of civil aviation safety, air navigation and traffic management relating to Annexes 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 18 and 19, is set out in Annex 1.

Article 2

The specification of the Union’s position to be taken in each session of the ICAO Council shall be conducted in accordance with Annex 2.

Article 3

The position to be adopted on behalf of the Union as regards the notification of differences to ICAO with respect to standards contained in the above-mentioned Annexes to the Chicago Convention shall be established according to the position set out in Annex 1.

Article 4

Where Union law differs from the standards referred to in Article 1 of this Decision and the notification to ICAO of differences with respect to those standards is therefore required in accordance with Article 38 of the Chicago Convention, the Commission shall, in due time and at least two months before any deadline set by ICAO for the notification of differences, submit to the Council, for discussion and approval, a written document, based in particular on the information provided by the European Union Aviation Safety Agency (EASA) in accordance with Article 90(4) of Regulation (EU) 2018/1139, where applicable, setting out the detailed differences to be notified to ICAO, and where appropriate, indicating flexibility granted to Member States for the form of the notification.

Article 5

Where a Member State adopts, in accordance with Article 71 of Regulation (EU) 2018/1139, national measures granting exemptions concerning individual natural or legal persons or with a total duration not exceeding eight months, and where those national measures differ from the standards referred to in Article 3 of this Decision and require the notification of differences to those standards in accordance with Article 38 of the Chicago Convention, that Member State shall immediately inform the Commission of any difference to be notified.

Where the exemptions granted in accordance with Article 71 of Regulation (EU) 2018/1139 are of general application and their total duration exceeds eight months, the Commission shall, no later than two weeks after receiving the EASA recommendation in accordance with Article 71(2) of that Regulation, submit to the Council, for discussion and approval, a written document, taking into account the information provided by the Member State concerned and, when applicable, information provided by EASA in accordance with Article 90(4) of that Regulation, setting out the detailed differences to be notified to ICAO.

Article 6

The implementation of this Decision shall facilitate Member States to comply with their obligations under the Chicago Convention. 

Article 7

The position to be adopted on behalf of the Union within ICAO shall be expressed by the Member States acting jointly in the interest of the Union, within the ICAO bodies, and assisted by the Commission, in line with the Union’s observer status.

Article 8

This Decision applies until 31 December 2025. On a proposal from the Commission, the Council may extend its application or otherwise amend it.

Article 9

This Decision is addressed to the Member States.