Decision 2023/568 - EU position in the 228th session of the Council of the International Civil Aviation Organization (ICAO) as regards the adoption of Amendment 93 to Annex 10 - Aeronautical Telecommunications, Volume I - Radio Navigation Aids of the Convention on International Civil Aviation and of the amendment to the Technical instructions for the safe transport of dangerous goods by air to permit active tracking devices powered by small lithium batteries in checked baggage - Main contents

EN

Official Journal of the European Union

L 74/58

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 of the Union are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. Six Member States are currently 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 228th session, is to adopt Amendment 93 to Annex 10, Volume I to the Chicago Convention.

The main purpose of 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 the Galileo system. It is also to support ionospheric gradient mitigation for the ground-based augmentation system (GBAS).

It is appropriate to establish the position to be taken on behalf of the Union within the ICAO Council, as Amendment 93 to Annex 10, Volume I to the Chicago Convention will be binding under international law and is capable of decisively influencing the content of Union law, namely Commission Implementing Regulation (EU) 2017/373 (1).

The position to be taken on behalf of the Union in the 228th session of the ICAO Council or any subsequent session with regard to the adoption of Amendment 93 to Annex 10, Volume I to the Chicago Convention as outlined in State Letter 2021/41 should be to support and to fully comply with this amendment. 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.

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, in accordance with and within the limits set out in the Chicago Convention.

Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any international standard or procedure adopted by ICAO, or to bring its own regulations or practices into full accord with any such international standard or procedure or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an...