International
Civil Aviation
Organization
Organisation
de l’aviation civile
internationale
Tel.:
+1 514-954-8219 ext. 8080
Ref.:
AN 12/1.1.20-16/64
Organización
de Aviación Civil
Internacional
Международная
организация
гражданской
авиации
22 July 2016
Subject: Proposal for the amendment of Annex 1
regarding automatic validation of licences
Action required: Comments to reach Montréal by
22 October 2016
Sir/Madam,
1.
I have the honour to inform you that the Air Navigation Commission, at the ninth
meeting of its 202nd Session held on 2 June 2016, considered a proposal developed by the Secretariat for
an amendment to Annex 1 – Personnel Licensing to render compliant a practice used by some States
whereby pilot licences issued by one State are automatically validated by the other States party to a
formal agreement under common licensing regulations. The Commission authorized its transmission to
Member States and appropriate international organizations for comments.
2.
The amendment proposal to Annex 1 will improve the mobility of licensed personnel
while preserving safety. The proposed amendment is contained in Attachment A and a rationale has been
provided in a text box immediately following the proposal.
3.
It should be noted that minimal financial impact is anticipated from most of the proposed
changes based on, in some cases, a one-time cost to reissue licences. In any case, the positive impact on
efficiency of the changes is such that they were considered fully justifiable.
4.
A practical example regarding the form of evidence to be available for a licence
inspection, including when additional States join an automatic validation arrangement, is provided in
Attachment B (English only) to assist in understanding the impact of the proposal. As it provides only an
example, no comments are sought regarding Attachment B.
5.
In examining the proposed amendment, you should not feel obliged to comment on
editorial aspects as such matters will be addressed by the Air Navigation Commission during its final
review of the draft amendment.
6.
May I request that any comments you may wish to make on the amendment proposal be
dispatched to reach me not later than 22 October 2016. The Air Navigation Commission has asked me to
999 Robert-Bourassa Boulevard
Montréal, Quebec
Canada H3C 5H7
Tel.: +1 514-954-8219
Fax: +1 514-954-6077
Email: [email protected]
www.icao.int
-2specifically indicate that comments received after the due date may not be considered by the Commission
and the Council. In this connection, should you anticipate a delay in the receipt of your reply, please let
me know in advance of the due date.
7.
For your information, the proposed amendment to Annex 1 is envisaged for applicability
on 9 November 2017. Any comments you may have thereon would be appreciated.
8.
The subsequent work of the Air Navigation Commission and the Council would be
greatly facilitated by specific statements on the acceptability or otherwise of the proposals. Please note
that, for the review of your comments by the Air Navigation Commission and the Council, replies are
normally classified as “agreement with or without comments”, “disagreement with or without comments”
or “no indication of position”. If in your reply the expressions “no objections” or “no comments” are
used, they will be taken to mean “agreement without comment” and “no indication of position”,
respectively. In order to facilitate proper classification of your response, a form has been included in
Attachment C which may be completed and returned together with your comments, if any, on the
proposals in Attachment A.
Accept, Sir/Madam, the assurances of my highest consideration.
Fang Liu
Secretary General
Enclosures:
A — Proposed amendment to Annex 1
including the rationale
B — Practical example of automatic validation of
licences (English only)
C — Response form
ATTACHMENT A to State letter AN 12/1.1.20-16/64
PROPOSED AMENDMENT TO ANNEX 1
NOTES ON THE PRESENTATION OF THE PROPOSED AMENDMENT
The text of the amendment is arranged to show deleted text with a line through it and new text
highlighted with grey shading, as shown below:
Text to be deleted is shown with a line through it.
text to be deleted
New text to be inserted is highlighted with grey shading.
new text to be inserted
Text to be deleted is shown with a line through it followed by
the replacement text which is highlighted with grey shading.
new text to replace existing text
————————
A-2
INTERNATIONAL STANDARDS
AND RECOMMENDED PRACTICES
PERSONNEL LICENSING
ANNEX 1
TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION
CHAPTER 1.
DEFINITIONS AND GENERAL RULES
CONCERNING LICENCES
...
1.2.2 Method of rendering a licence valid
1.2.2.1 When a Contracting State renders valid a licence issued by another Contracting State, as
an alternative to the issuance of its own licence, it shall establish validity by suitable authorization to be
carried with the former licence accepting it as the equivalent of the latter. When a State limits the
authorization to specific privileges, the authorization shall specify the privileges of the licence which are
to be accepted as its equivalent. The validity of the authorization shall not extend beyond the period of
validity of the licence. The authorization ceases to be valid if the licence upon which it was issued is
revoked or suspended.
Note.— This provision is not intended to preclude the State that issued the licence from
extending, by a suitable notification, the period of validity of the licence without necessarily requiring
either the physical return of the licence or the appearance of the licence holder before the Authorities of
that State.
1.2.2.2 When an authorization under 1.2.2.1 is issued for use in commercial air transport
operations, the Licensing Authority shall confirm the validity of the other Contracting State’s licence
before issuing the authorization.
1.2.2.3 Rendering a licence valid pursuant to a formal agreement
between Contracting States under common licensing regulations
1.2.2.3.1 Notwithstanding the provisions in 1.2.2.1 and 1.2.2.2, Contracting States may automatically
render valid each other’s licences, provided that the States shall have:
a) adopted common licensing regulations that are otherwise compliant with this Annex;
b) entered into a formal agreement recognizing the automatic validation process; and
c) registered the agreement with ICAO pursuant to Article 83 of the Convention on International
Civil Aviation.
Note.— The registry of agreements with their associated list of Contracting States can be found
in ICAO's Database of Aeronautical Agreements and Arrangements.
A-3
1.2.2.3.2 An endorsement shall appear on licences rendered valid under the process of 1.2.2.3.1
indicating that the licence is automatically validated under the agreement described in 1.2.2.3.1 and
referencing the ICAO registration number of the agreement. The endorsement shall further include a list
of all States that are party to the agreement.
Note.— Guidance on the format for the endorsement is contained in Attachment C. The guidance
also includes how to make use of an attachment to the licence, as part of the endorsement, for information
that may change over time, i.e. the ICAO registration number of the agreement and the list of all States
that are party to the agreement.
1.2.2.34 Recommendation.— A pilot licence issued by a Contracting State should be rendered
valid by other Contracting States for use in private flights.
Note.— Contracting States which, without formality, render valid a licence issued by another
Contracting State for use in private flights are encouraged to notify this facility in their Aeronautical
Information Publications.
...
Insert new Attachment C as follows.
ATTACHMENT C
ENDORSEMENT FOR AUTOMATICALLY
VALIDATED LICENCES
This attachment contains an example of the licence endorsement required for those licences automatically
validated as per 1.2.2.3. It also provides an example for an attachment XXX to the licence that includes
the necessary details required by 1.2.2.3 where XXX would be a number or a mark.
1.
Licence endorsement example
1.1
The following endorsement should be on those licences automatically validated under a formal
agreement between States: “Rendered valid as per Attachment XXX”.
1.2
Attachment XXX to the licence must be accessible (in any format, such as electronic or hard
copy) when using the privileges and the automatic validation of the licence.
1.3
Attachment XXX is published by the State issuing the licence or by the Regional Safety
Oversight Organization that manages the common set of licensing regulations on behalf of the States
party to the formal agreement, and may be identical for all issued licences.
1.4
When the Regional Safety Oversight Organization publishes the Attachment XXX, it should list
the member States of the Regional Safety Oversight Organization in the Attachment XXX.
A-4
1.5
When Attachment XXX is issued in a language other than English, 5.1.3 is applicable as
Attachment XXX is part of the endorsement on the licence.
2.
*
Example of Attachment XXX
State or Regional Safety Oversight Organization
*
Attachment XXX to automatically validated licences
1. The licence is automatically validated by all the States listed in 2 under an agreement registered with
ICAO. The ICAO Registration Number is: _ _ _ _.
2. The ICAO Contracting States that automatically validate this licence are: .....................................
............................................................................................................................
............................................................................................................................
(Signature or stamp) ......................................................
**
* For use by the State of issuance of the licence or the Regional Safety Oversight Organization.
** When Attachment XXX is issued by a Regional Safety Oversight Organization, this box should contain the following: “The Regional Safety
Oversight Organization member States are: [list of States members of the Regional Safety Oversight Organization]).”
— END —
End of new text.
Origin:
Rationale:
Secretariat
The proposal eliminates the non-compliance with the Convention on International
Civil Aviation and Annex 1 by groups of States that automatically validate
licences issued by a State member of the group, if the proposed requirements are
met. It improves mobility of licensed personnel and can be implemented in
various regions.
Guidance is provided for the endorsement on the licence and for the attachment to
the licence for harmonization purposes.
— — — — — — — ——
ATTACHMENT B to State letter AN 12/1.1.20-16/64
PRACTICAL EXAMPLE OF AUTOMATIC VALIDATION OF LICENCES
(English only)
1. General
1.1
This example illustrates a hypothetical situation where an RSOO has been established to
promulgate common licensing regulations. The RSOO is named “RSOO of XYZ”. The common licensing
regulations enables an automatic validation of licences under an Agreement registered with ICAO,
initially between a group of States, of which State A and State B are part, and expanded to include State C
in 2016 as an additional participating State. In this example, the initial Agreement is registered with
ICAO under ICAO Registration No. 5864, with the expanded Agreement concluded in 2016 having an
ICAO Registration No. 5904.
1.2
The following sections provide examples of endorsed licences and attachments to support the
automatic validation between the initial group of States in paragraph 2 and between the expended group
of States in paragraph 3 to illustrate the changes.
2. Initial group of States
Examples of endorsed licences and related Attachment for State A and State B.
B-2
XYZ
Regional Safety Oversight Organization of XYZ
Attachment 254 to automatically validated licences
1. The licence is automatically validated by all the States listed in 2 under an agreement registered with
ICAO. The ICAO Registration Number is: 5 8 6 4.
2. The ICAO Contracting States that automatically validate this licence are: …, State A, State B,
….
(Signature or stamp) Alfred Anybody, Head of XYZ
XYZ member States are listed in 2.
05 Dec 2015
3. Expansion of the group of States
Addition of a member State – State C. Attachment 254 is available for download on XYZ website and can
be carried as an electronic document or as a hard copy. The other examples of licences in 2 remain valid.
B-3
XYZ
Regional Safety Oversight Organization of XYZ
Attachment 254 to automatically validated licences
1. The licence is automatically validated by all the States listed in 2 under an agreement registered with
ICAO. The ICAO Registration Number is: 5 9 0 4.
2. The ICAO Contracting States that automatically validate this licence are: …, State A, State B,…,
State C,….
(Signature or stamp) Alfred Anybody, Head of XYZ
XYZ member States are listed in 2.
30 May 2016
————————
ATTACHMENT C to State letter AN 12/1.1.20-16/64
RESPONSE FORM TO BE COMPLETED AND RETURNED TO ICAO TOGETHER
WITH ANY COMMENTS YOU MAY HAVE ON THE PROPOSED AMENDMENTS
To:
The Secretary General
International Civil Aviation Organization
999 Robert-Bourassa Boulevard
Montréal, Québec
Canada, H3C 5H7
(State)
Please make a checkmark () against one option for each amendment. If you choose options “agreement
with comments” or “disagreement with comments”, please provide your comments on separate sheets.
Agreement
without
comments
Agreement
with
comments*
Disagreement Disagreement
without
with
comments
comments
No position
Amendment to Annex 1 — Personnel Licensing
(Attachment A refers)
*“Agreement with comments” indicates that your State or organization agrees with the intent and overall
thrust of the amendment proposal; the comments themselves may include, as necessary, your reservations
concerning certain parts of the proposal and/or offer an alternative proposal in this regard.
Signature:
Date:
— END —