Considerations on COM(2023)70 - EU position on the adoption of Amendment 93 to Annex 10 - Aeronautical Telecommunications, Volume I - Radio Navigation Aids of the Convention on International Civil Aviation - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)70 - EU position on the adoption of Amendment 93 to Annex 10 - Aeronautical Telecommunications, Volume I - Radio Navigation Aids ... |
|---|---|
| document | COM(2023)70  |
| date | March 9, 2023 |
(2) 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 six Member States represented in the ICAO Council.
(3) 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.
(4) The ICAO Council, at its 228th session, is to adopt Amendment 93 to Annex 10, Volume I to the Convention on International Civil Aviation.
(5) The main purpose of the Amendment 93 to Annex 10, Volume I to the Chicago Convention is to support the introduction of dual-frequency, multi-constellation (DFMC) global navigation satellite system (GNSS) by adding provisions for additional frequencies of operation for the global positioning system (GPS), the global navigation satellite system (GLONASS) and the satellite-based augmentation system (SBAS), and by introducing provisions for the new BeiDou Navigation Satellite System (BDS) and Galileo system. It is also to support ionospheric gradient mitigation for the ground-based augmentation system (GBAS).
(6) It is appropriate to establish the position to be taken on the Union's behalf within the ICAO Council as Amendment 93 to Annex 10, Volume I to the Convention on International Civil Aviation will be binding under international law and is capable of decisively influencing the content of Union law, namely Commission Implementing Regulation (EU) 2017/373( 3 ).
(7) The Union's position during the 228th session of the ICAO Council or any consequent session with regard to the adoption of the envisaged Amendment 93 to Annex 10, Volume I to the Chicago Convention as outlined in the State Letter 2021/41 should be to support and comply with 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 in the interest of the Union.
(8) Once adopted and effective, Amendment 93 to Annex 10, Volume I to the Chicago Convention will be binding on all ICAO Member States, including all Member States of the Union.
(9) Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any such international standard or procedures or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, should give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.
(10) Pursuant to Article 90 of the Chicago Convention, any such Annex or any amendment of an Annex shall become effective within three months after its submission to the ICAO contracting States, or at the end of such longer period of time as the ICAO Council may prescribe, unless in the meantime a majority of contracting ICAO States register their disapproval.
(11) The Union’s position after the adoption of Amendment 93 to Annex 10, Volume I to the Chicago Convention by the ICAO Council, to be announced by the ICAO Secretary General via an ICAO State Letter procedure, should be not to register 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.
(12) This position should be expressed by all the Member States of the Union, acting jointly in the interest of the Union