Air Legal regulations in transport policy Lecture 2 Anna Kwasiborska, PhD Air Flying is becoming easier and cheaper, with new airlines, more routes and hundreds of services connecting large numbers of airports across Europe. The EU's Single European Sky will help that trend continue. "Open skies" agreements allow any EU airline to fly from any EU airport to a city in another country. These agreements also exist with the US, Canada, Israel, Balkan countries, Morocco, Jordan, Georgia and Moldova and more are on the way. Sources of International Air Law Multilateral Conventions ICAO Standards and Recommended Practices Bilateral Agreements (e.g., Traffic Rights, Safety, Security) Customary International Law Intergovernmental decisions and regulations (e.g., those of the European Union) National Legislation and Regulation Administrative Practice and Procedure Contracts (e.g., air carrier alliance agreements, airport agreements) Judicial Opinions; jurisprudence of courts interpreting all the above in cases and controversies brought before them International Civil Aviation Organisation ICAO Specialized agency of United Nations Created in 1944 Promotes safe and orderly development of international civil aviation throughout the world Sets standards and regulations necessary for aviation safety security efficiency and regularity aviation environmental protection Serves as forum for cooperation in all fields of civil aviation among 191 Member States ICAO s Strategic Objectives ICAO Safety Security Environmental Protection& Sustainable Development of Air Transport Insure the safe and orderly growth of international civil aviation throughout the world Encourage the arts of aircraft design and operations for peaceful purposes Promote safety of flight in international air navigation Promote generally the development of all aspects of international civil aeronautics 6 1
Hierarchy of ICAO Documentation Standards and Recommended Practices SARPs CC Annexes (SARPS) PANS and SUPPs Guidance Materials Clarified/ supported by Policy Statements, State letters, Assembly Resolutions Standard Recommended Practice Uniform application is recognized as necessary for the safety or regularity of international air navigation. Requires notification of differences Uniform application is recognized as desirable in the interests of safety, regularity or efficiency of international air navigation. Contracting States should endeavor to conform Annex 1 Personnel Licensing Annex 2 Rules of the Air Annex 3 Meteorological Service for International Air Navigation Annex 4 Aeronautical Charts Annex 5 Units of Measurement to be Used in Air and Ground Operations Annex 6 Operation of Aircraft Annex 7 Aircraft Nationality and Registration Marks Annex 8 Airworthiness of Aircraft Annex 9 Facilitation Annex 10 Aeronautical Telecommunications Annexes Annex 11 Air Traffic Services Annex 12 Search and Rescue Annex 13 Aircraft Accident and Incident Investigation Annex 14 Aerodromes Annex 15 Aeronautical Information Services Annex 16 Environmental Protection Annex 17 Security Safeguarding International Civil Aviation against Acts of Unlawful Interference Annex 18 The Safe Transport of Dangerous Goods by Air Annex 19 Safety Management The International Civil Aviation Legal Framework Under the Convention pilot s shall be licensed and aircraft shall be issued a certificate of airworthiness When you fly in any other country you must follow their rules and procedures except The exportables Annexes 1 and 8 In effect this makes the minimum Standards of Annexes 1 and 8 mandatory for international operations 10 Annex 1 Annex 1 contains Standards and Recommended Practices adopted by the International Civil Aviation Organization as the minimum standards for personnel licensing. The Annex is applicable to all applicants for and, on renewal, to all holders of the licences and ratings specified herein 2
Annex 2 Annex 2 The Standards in this document, together with the Standards and Recommended Practices of Annex 11, govern the application of the Procedures for Air Navigation Services Air Traffic Management (PANS-ATM, Doc 4444) and the Regional Supplementary Procedures Rules of the Air and Air Traffic Services, contained in Doc 7030, in which latter document will be found subsidiary procedures of regional application Annex 3 3
Annex 4 Annex 5 Annex 6 Annex 7 The purpose of Annex 6 is to contribute to the safety of international air navigation by providing criteria for safe operating practices, and to contribute to the efficiency and regularity of international air navigation by encouraging ICAO's Contracting States to facilitate the passage over their territories of commercial aircraft belonging to other countries that operate in conformity with these criteria. Annex 7 Annex 8 4
Annex 9 Annex 10 Annex 10 is divided into five volumes: Volume I Radio Navigation Aids Volume II Communications Procedures including those with PANS status Volume III Communication Systems Part 1 Digital Data Communication Systems Part 2 Voice Communication Systems Volume IV Surveillance Radar and Collision Avoidance Systems Volume V Aeronautical Radio Frequency Spectrum Utilization The five volumes of this Annex contain Standards and Recommended Practices (SARPs), Procedures for Air Navigation Services (PANS) and guidance material on aeronautical communication, navigation and surveillance systems. Annex 11 5
Annex 12 Annex 13 Annex 14 Annex 15 6
AIRAC AIRAC stands for Aeronautical Information Regulation And Control and steps from the Annex 15 - Aeronautical Information Services (AIS) document and defines a series of common dates and an associated standard aeronautical information publication procedure for States. Annex 16 Noise Annex 17 Doc 8973 Annex 18 7
9 09.01.2019 Safety Management Safety Management Manual - Doc 9859 3 rd Edition Support the roll-out of Annex 19 Detailed guidance and tools developed for SSP and SMS implementation A more strategic approach ICAO Safety Framework Policy & Standardization Safety Annex & SMM revision GASP update Safety Monitoring Continuous Monitoring Approach Common framework for safety monitoring Safety Analysis Evolution of Safety Reporting Systems Information Sharing Initiatives Implementation Presentation of the proposed Annex 19 Safety Management Annual Safety Report 46 Runway Safety Programme Presentation of the proposed Annex 19 Safety Management 45 8
Reference number: NAV Portugal 3 Occurrence type: More than one aircraft Description: Tiger21 (F16) left the area assigned to its mission (Res-Roz-Sintra/A1192) without coordination, flying towards descending traffic approaching Lisbon. GWI602 was turned by ATCO to avoid Tiger21. The achieved separation between the two aircraft was 2 NM of horizontal separation at the same altitude. DLH24M was instructed to stop descending at FL120 in order to avoid another separation infringement with the Tiger21. Procedures for Air Navigation Services (PANS) Complementary to SARPs Comprise material too detailed for SARPs Do not have same status as SARPs Amendment procedure is similar to SARPs Approved by Council Recommended to Contracting States for worldwide application Guidance Material ICAO manuals and circulars provide guidance and information to facilitate the uniform application of SARPs and PANS Approved by Secretary General and published under his authority The end 9