Considerations on COM(2024)477 - EU position in the 233rd session of the Council of the International Civil Aviation Organization (ICAO) as regards the proposed amendments to Chapter 1 (“Definitions and general principles”), Chapter 3 (“Entry and Departure of persons and their baggage”) Paragraph C (“Security of travel documents”), Paragraph D (“Travel documents”), Paragraph G (“Embarkation/Disembarkation Cards”), Paragraph H (“Inspection of travel documents”) and Chapter 8 (“Facilitation provisions covering specific subjects”) Paragraph H (“Trafficking in persons”) and I (“Wildlife Trafficking”) as included in Amendment 30 of Annex 9 - Facilitation to the Convention on International Civil Aviation (‘the Chicago Convention’) - Main contents
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| dossier | COM(2024)477 - EU position in the 233rd session of the Council of the International Civil Aviation Organization (ICAO) as regards the ... |
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| document | COM(2024)477  |
| date | October 24, 2024 |
| (2) | All 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. For the period 2022-2025, six Member States are represented in the ICAO Council. |
| (3) | Pursuant to Article 37 j) of the Chicago Convention, the ICAO Council shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with customs and immigration procedures. Pursuant to Article 54 l) 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) | At its 233rd session, the ICAO Council is to adopt Amendment 30 to Annex 9 to the Chicago Convention (‘Amendment 30’). |
| (5) | The main purposes of the Amendment 30, included in ICAO State Letter EC 6/3 - 24/67, is to improve the clarity and consequently the consistency and efficiency of Annex 9 to the Chicago Convention (‘Annex 9’). |
| (6) | Amendment 30 includes amendments to Chapter 1 (‘Definitions and general principles’), Chapter 3 (‘Entry and Departure of persons and their baggage’), paragraphs C (‘Security of travel documents’), D (‘Travel documents’), G (‘Embarkation/Disembarkation Cards’) and H (‘Inspection of travel documents’), and Chapter 8 (‘Facilitation provisions covering specific subjects’), paragraphs H (‘Trafficking in persons’) and I (‘Wildlife Trafficking’), of Annex 9. |
| (7) | It is appropriate to establish the position to be taken on behalf of the Union within the ICAO Council, as Amendment 30 will be binding under international law in accordance with Article 90 a) of the Chicago Convention and is of relevance to Union law, namely Council Regulations (EC) No 2252/2004 (1) and (EC) No 1683/95 (2). The scope of this Decision should be limited to the content of Amendment 30, insofar as that content falls within an area which is already largely covered by EU common rules. This Decision should not affect the distribution of competences between the Union and the Member States in the field of aviation. |
| (8) | 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 the ICAO, 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, shall give immediate notification to the ICAO of the differences between its own practice and that established by the international standard. |
| (9) | The position to be taken on behalf of the Union at the 233rd session of the ICAO Council or at any subsequent session, with regard to the adoption of the proposed amendments to Chapter 1, Chapter 3, paragraphs C, D, G and H, and Chapter 8, paragraphs H and I, of Annex 9, contained in Amendment 30 to that Annex included in the ICAO State Letter EC 6/3 - 24/67, should be to support those amendments. That 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. |
| (10) | The position to be taken on behalf of the Union after the adoption by the ICAO Council of Amendment 30, to be announced by the ICAO Secretary-General by means of an ICAO State Letter procedure, should be not to register any disapproval and to notify compliance with that amendment. Where Union law would deviate from the newly amended SARPs after the envisaged date of application of those SARPs, any difference between Union law and those particular SARPs should be notified to the ICAO. The position to be taken on behalf of the Union with respect of such differences should be based on a written document submitted by the Commission to the Council for discussion and approval. That position should be expressed by all the Member States of the Union, acting jointly in the interest of the Union. |
| (11) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (3); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| (12) | In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law, |