ICAO - icscc.org.cn Summary Min… · Amendment 2 to the Procedures for Air Navigation Services — Training (PANS-TRG, Doc 9868) ..... 19 Election of a Member of the Edward Warner

Doc 10016-C/1173 C-Min. 198/1–10

Montréal Canada

ICAO

International Civil Aviation Organization

COUNCIL — 198TH SESSION

Montréal, 18 February – 11 March 2013

SUMMARY MINUTES WITH SUBJECT INDEX

2013

(i)

TABLE OF CONTENTS

Page SUMMARY MINUTES OF THE FIRST MEETING (OPEN) ............................................................................ 1

Opening of the Session .................................................................................................................. 3 Schedule for consideration of items during the 198th Session ....................................................... 3 Report on Technical Co-operation Programme Development ....................................................... 3 Draft Assembly working paper – Cooperation with Regional Organizations

and Regional Civil Aviation Bodies ................................................................................. 7 Annual Report to Council on Regional Offices’ activities during 2012 and

work programmes for 2013 ............................................................................................... 9 2012 Report on the activities of the Evaluation and Audit Office (EAO) ................................... 11 Draft State Letter on the election of the President of the Council ............................................... 14 Any other business ....................................................................................................................... 16

Appointment of new Members and new Observers on the Committee on Aviation Environmental Protection (CAEP) ..................................................... 16

Appointment of a Member on the Air Transport, Joint Support and Unlawful Interference Committees (ATC, JSC and UIC) ................................................. 17

Appointment of a Member and Alternates on the Air Transport and Unlawful Interference Committees .................................................................... 17

Public Key Directory (PKD) Membership ...................................................................... 17 Request from the European Union (EU) to participate as Observer in closed

meetings of the Council on aviation security ..................................................... 17 Request from the World Wide Airport Coordination Group (WWACG) to participate

in ATConf/6 as an Observer .............................................................................. 18 Fifth Meeting of the Commission of Experts of the Supervisory Authority

of the International Registry (CESAIR) – 17 to 18 December 2012 ................. 18 Sixth Meeting of the Commission of Experts of the Supervisory Authority of

the International Registry (CESAIR) ................................................................. 18 Revised Agenda for the Sixth Worldwide Air Transport Conference

(ATConf/6, Montréal, 18 to 22 March 2013) .................................................... 18 Memorandum of Cooperation (MoC) between ICAO and the International

Telecommunication Union (ITU) for Providing a Framework for Enhanced Cooperation Regarding the Protection of the Global Navigation Satellite System from Harmful Interference with a Potential Impact on Aviation Safety .................................................................. 18

Memorandum of Cooperation (MoC) between ICAO and the Civil Air Navigation Services Organisation (CANSO) for Providing a Framework for Enhanced Cooperation to Improve Safety Performance in Civil Air Navigation Services Worldwide ........................................................................................... 19

Approval by the Air Navigation Commission, acting under delegated authority, of Amendment 2 to the Procedures for Air Navigation Services — Training (PANS-TRG, Doc 9868) .................................................................................... 19

Election of a Member of the Edward Warner Award Committee .................................. 19 ICAO Symposium on Aviation and Climate Change, “Destination Green”,

14-16 May 2013, Montreal, Canada .................................................................. 19

SUMMARY MINUTES OF THE FIRST MEETING (CLOSED) ...................................................................... 21 Representation allowances of the President of the Council and the Secretary General ............... 23

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SUMMARY MINUTES OF THE SECOND MEETING (OPEN) ...................................................................... 27 Draft Assembly working paper – Developments pertaining to Annex 9 – Facilitation

and proposed work programme for the next triennium ................................................... 29 Draft Assembly working paper – Developments pertaining to the Machine Readable Travel

Documents (MRTD) Programme and the ICAO Public Key Directory (PKD) ............. 30 Report on progress of the Implementation Support and Development – Security (ISD-SEC)

Programme ...................................................................................................................... 31 Report of the Second Meeting of the Special Sub-Committee of the Legal Committee

to review the Tokyo Convention (Montréal, 3 to 7 December 2012) ............................. 33 Informal update on an electronic voting system to be used at the

38th Session of the Assembly ......................................................................................... 37 Any other business ....................................................................................................................... 37

C-WP/13974 — Financial situation of the Organization ................................................ 37 C-WP/13975 — Report of the JIU entitled “Accountability Frameworks in

the United Nations System” ............................................................................... 37 C-WP/13976 — Report of the JIU entitled “The Management of Sick Leave in

the United Nations System” ............................................................................... 37 Proposed new Supplementary Agreement between ICAO and the Government

of Canada regarding the Headquarters of ICAO ............................................... 37 Free access to public parking at Montréal’s Pierre Elliott Trudeau

International Airport .......................................................................................... 38 SUMMARY MINUTES OF THE SECOND MEETING (CLOSED) .................................................................. 39

Acts of unlawful interference in 2012 ............................................................................ 41 SUMMARY MINUTES OF THE THIRD MEETING (CLOSED) .................................................................... 45

Representation allowances of the President of the Council and the Secretary General and review of the net base salaries of the President of the Council and the Secretary General ...................................................................................................... 47

Progress report of the Monitoring and Assistance Review Board (MARB) ................................ 48 SUMMARY MINUTES OF THE THIRD MEETING (OPEN) ......................................................................... 53

Draft Assembly working paper – Proposal for a new Machine Readable Travel Documents (MRTD) Strategy [renamed Proposal for an ICAO Traveller Identification Programme (ICAO TRIP) Strategy] ............................................................................... 55

Draft Assembly working paper – Amendment of Rule 63 of the Standing Rules of Procedure of the Assembly ......................................................................................... 56

Report on the review of ICAO language service requirements ................................................... 56 Review of mandatory age of separation ....................................................................................... 61

SUMMARY MINUTES OF THE FOURTH MEETING ................................................................................... 63

Safety Week – Air Navigation Presentations ............................................................................... 65 Report of ANC – Adoption of a proposed new Annex on safety management

responsibilities and processes ......................................................................................... 67 Report of ANC – Adoption of Amendment 171 to Annex 1 – Personnel Licensing .................. 72 Report of ANC – Adoption of Amendment 44 to Annex 2 – Rules of the Air ............................ 72 Report of ANC – Adoption of Amendment 37 to Annex 6, Part I International Commercial

AirTransport – Aeroplanes ............................................................................................. 73 Report of ANC – Adoption of Amendment 32 to Annex 6, Part II International

General Aviation – Aeroplanes ....................................................................................... 74

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Report of ANC – Adoption of Amendment 18 to Annex 6, Part III – International Operations – Helicopters ...................................................................................................................... 74

Report of ANC – Adoption of Amendment 104 to Annex 8 – Airworthiness of Aircraft ........... 75 Report of ANC – Adoption of Amendment 49 to Annex 11 – Air Traffic Services .................... 75 Report of ANC – Adoption of Amendment 14 to Annex 13 – Aircraft Accident and

Incident Investigation ..................................................................................................... 76 SUMMARY MINUTES OF THE FIFTH MEETING ....................................................................................... 79

Report of ANC – Adoption of Amendment 11 to Annex 14 – Aerodromes, Volume I Aerodrome Design and Operations ................................................................................ 81

Report of ANC – Adoption of Amendment 5 to Annex 14 – Aerodromes, Volume II – Heliports ...................................................................................................................... 82

Report of ANC – Adoption of Amendment 11 to Annex 18 – The Safe Transport of Dangerous Goods by Air ................................................................................................ 82

Report of ANC – Adoption of Amendment 76 to Annex 3 – Meteorological Service for International Air Navigation ........................................................................................... 84

Report of ANC – Adoption of Amendment 57 to Annex 4 – Aeronautical Charts .................... 85 Report of ANC – Adoption of Amendment 88 to Annex 10

– Aeronautical Telecommunications ............................................................................... 85 Report of ANC — Adoption of Amendment 37 to Annex 15 – Aeronautical Information

Services ........................................................................................................................... 86 Any other business ....................................................................................................................... 87

Public Key Directory (PKD) Membership ...................................................................... 87 C-WP/13965 — Report of the JIU entitled “Business Continuity in the

United Nations System” ..................................................................................... 88 SUMMARY MINUTES OF THE SIXTH MEETING ...................................................................................... 89

Report of ANC – Adoption of Amendment 37 to Annex 15 – Aeronautical Information Services ........................................................................................................................... 91

Draft Assembly working paper – ICAO Universal Safety Oversight Audit Programme Continuous Monitoring Approach (USOAP CMA) ....................................................... 92

Report of ANC – Review of recommendations of the Twelfth Air Navigation Conference (AN-Conf/12) (Montréal, 19 to 30 November 2012) ..................................................... 94

Approval of a policy document related to assistance to aircraft accident victims and their families ................................................................................................................... 97

Report on the comprehensive study on issues regarding the filing and publication of differences ................................................................................................................ 104

SUMMARY MINUTES OF THE SEVENTH MEETING ............................................................................... 109

Report of ANC – ANC work programme for the 193rd Session ............................................... 111 Report on the review of ICAO language service requirements ................................................. 112 Draft Budget of the Organization for 2014-2015-2016 ............................................................. 116 Any other business ..................................................................................................................... 123

Amendment to the Technical Instructions for the Safe Transport of Dangerous Goods by Air in relation to aircraft lithium ion batteries transported as cargo on passenger aircraft .......................................................................... 123

Approval by the Air Navigation Commission, acting under delegated authority, of amendment to the Regional Supplementary Procedures (Doc 7030/5) ........... 124

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SUMMARY MINUTES OF THE EIGHTH MEETING ................................................................................. 125 Minute of silence and condolences ............................................................................................ 127 Progress report on the status of the Budget (Annex 5) .............................................................. 127 Draft Assembly working paper – Amendment to The ICAO Financial

Regulations (Doc 7515) ................................................................................................ 128 Draft Assembly working paper – Confirmation of Council action in assessing the

contributions of States which adhered to the Convention ............................................. 131 Annual Report of the Ethics Officer for 2012 ............................................................................ 131 Report of ATC – Progress report on preparatory work for the Sixth Worldwide

Air Transport Conference (ATConf/6) (Montréal, 18 to 22 March 2013) ................... 132 Environmental protection – Recent developments in other United Nations bodies and

international organizations ............................................................................................ 133 Draft Assembly working paper – United Nations Climate Neutral initiative ............................ 137 Ninth Meeting of the Committee on Aviation Environmental Protection (CAEP/9)

(Montréal, 4 to 14 February 2013) ................................................................................ 137 Any other business ..................................................................................................................... 141

C-WP/13973 — Report on activities during the recess ................................................ 141

SUMMARY MINUTES OF THE NINTH MEETING .................................................................................... 143 International Women’s Day 2013 .............................................................................................. 145 Ninth Meeting of the Committee on Aviation Environmental Protection (CAEP/9)

(Montréal, 4 to 14 February 2013) ................................................................................ 145 Progress report of the High-level Group on International Aviation and Climate

Change (HGCC) ........................................................................................................... 147 Proposal to hold Assembly sessions every two years ................................................................ 153 Proposal to amend Article 50 a) of the Chicago Convention so as to increase the

membership of the Council to 39 .................................................................................. 154 Any other business ..................................................................................................................... 156

Appointment of a Member on the Air Navigation Commission (ANC) ....................... 156 Sixth Worldwide Air Transport Conference (ATConf/6)

(Montréal, 18 to 22 March 2013) – Observers ................................................ 156 SUMMARY MINUTES OF THE TENTH MEETING ................................................................................... 159

Report on the deliberations of the Tripartite Consultative Committee ....................................... 161 Proposed new Supplementary Agreement between ICAO and the Government of Canada

regarding the Headquarters of ICAO ............................................................................ 165 Work Programme of the Council and its Committees for the 199th Session ............................ 168

SUBJECT INDEX TO THE SUMMARY MINUTES

OF THE 198TH SESSION ............................................................................................................. 171 LIST OF WORKING PAPERS CONSIDERED ............................................................................................... 175

C-MIN 198/1 (Open)


SUMMARY MINUTES OF THE FIRST MEETING

(THE COUNCIL CHAMBER, MONDAY, 18 FEBRUARY 2013, AT 1430 HOURS)

OPEN MEETING

President of the Council: Mr. Roberto Kobeh González

Secretary: Mr. Raymond Benjamin, Secretary General

PRESENT:

Argentina Australia Belgium Brazil Burkina Faso Cameroon Canada China Colombia Cuba Denmark Egypt France Germany Guatemala India Italy Japan

— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. J. Taunay — Mr. M. Dieguimde — Mr. E. Zoa Etundi — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. K.L. Larsen — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría— Mr. P.N. Sukul — Mr. E. Padula — Mr. T. Koda

Malaysia Mexico Morocco Nigeria Paraguay Peru Republic of Korea Russian Federation Saudi Arabia Singapore Slovenia South Africa Spain Swaziland United Arab EmiratesUnited Kingdom United States

— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane —*Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. M. Fernando (Alt.) — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Dr. A. Pinto (Alt.) — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth

ALSO PRESENT: SECRETARIAT:

Mr. M. Delisle (Alt.) Mr. Chunyu Ding (Alt.) Mr. D. Blanco Carrero (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. P.O. Alawani (Alt.) Mr. J. Iglesias Villoz (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. A. Almoghraby (Alt.) Mr. K. Ferjan (Alt.)

— Canada ― China ― Colombia ― Japan ― Mexico ― Nigeria ― Paraguay ― Republic of Korea ― Republic of Korea ― Saudi Arabia ― Slovenia

Mr. D. Azema Dr. Fang Liu Mr. I. Galán Mr. B. Djibo Mr. M. Elamiri Mr. R. Bhalla Mr. J. Augustin Mr. P. Noad Mr O. Myard Mr. J. Weich Mr. R. Macfarlane Mrs. L.Comeau-Stuart Mrs. K. Balram Ms. H. Jackson Mr. M. Leitgab Mr. A. Larcos

— DC/OSG — D/ADB ― D/TCB — D/ATB — DD/SMM ― C/FIN — A/D/LEB ― DD/TCB ― C/EAO — DD/HR-ADB ― C/IIM — C/POD — C/SEA — EAO — ADADB ― ACS

*Part-time

C-MIN 198/1 (Open) - 2 -

Representatives to ICAO Chile Dominican Republic Ecuador Ethiopia Greece Iran (Islamic Republic of) Lebanon Turkey Uruguay Venezuela (Bolivarian Republic of)

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Opening of the Session 1. The President of the Council extended a warm welcome to Council Representatives to the 198th Session. In doing so, he indicated that it was anticipated this would be a four-week session and that there would be numerous draft Assembly working papers presented to the Council for consideration. Subject No.13: Work programmes of Council and its subsidiary bodies

Schedule for consideration of items during the 198th Session 2. The Council noted the meeting schedule for the 198th Session presented in the President’s memorandum PRES RK/2128 dated 19 November 2012, subject to the following changes:

• the addition of a meeting of the Edward Warner Award Committee, which would take place at 1430 hours on Thursday, 21 February 2013, and;

• the addition of a third meeting of the Edward Warner Award Committee, which if

needed, would take place at 1430 hours on Tuesday, 12 March 2013;

3. The Council also noted the schedule for the consideration of items during the 198th Session of the Council as set out in the President’s memorandum PRES RK/2142 dated 30 January 2013, on the understanding that:

• the item Annual Report of the Ethics Officer, would be rescheduled to the third week of this session, due to the absence of the Ethics Officer on a training mission.

• the item 2012 Report on the activities of the Evaluation and Internal Audit Office, was

rescheduled to be considered at this first meeting. • as indicated in Addendum No. 2 and Corrigendum to C-WP/13905 Revised, the two

separate items Environmental Protection – Recent developments in ICAO and Market-based measures, would now be considered together as part of the item Progress Report of the High-level Group on International Aviation and Climate Change (HGCC).

• the item Consolidated report on global Planning and Implementation Regional

Groups (PIRGs)results for 2012, would be deferred to the 199th Session. Subject No. 42: Technical cooperation

Report on Technical Co-operation Programme Development 4. The Council considered an oral report by the Secretary General on the financial and operational performance results of the development of the Technical Co-operation Programme for 2012 and a related joint oral report by the Technical Co-operation Committee (TCC) and the Finance Committee (FIC). 5. In introducing this item, the Chairman of the Finance Committee indicated that as this was a joint oral report, he would be making his comments on behalf of both the Finance Committee (FIC)

C-MIN 198/1 (Open) - 4 -

and the Technical Co-operation Committee (TCC), which had held a joint meeting to consider this item on Wednesday, 23 January 2013. It was revealed that based on current information, the Technical Co-operation Bureau (TCB) had implemented a Programme of $129 million in 2012, equivalent to 96.3 per cent of the forecasted implementation, which was $133.9 million. These results had represented an increase of 84 per cent as compared to the results of 2011. At the same time, the Administrative and Operational Service Cost (AOSC) Fund had generated a total income of CAD$8 million while incurring an expenditure of CAD$7.3 million for a surplus of CAD$663,000. This surplus, was the first in six years and would deliver an accumulated balance of approximately CAD$1.5 million as at 31 December 2012. 6. Both Committees were pleased with the progress achieved by TCB in 2012, specifically noting the significant increase in the Programme implementation volume, the accuracy of the forecasting, the positive results of the AOSC Fund and the resulting surplus. It was acknowledged that, although TCB expenditures and staff resources decreased mainly as a result of the economy measures put in place in 2012, the renewed confidence of Member States in TCB, along with its improved processes, contributed to the high implementation volume resulting in the positive result of the AOSC Fund. With these results there was now renewed confidence that 2013 and beyond would continue to deliver positive outcomes. 7. It was intended that a full written report with audited figures would be tabled for the next (199th) Session, together with the updated Programme and Budget forecast for 2013. This detailed report would complement the Annual Report, including information on Programme components as well as a summary of the objectives and achievements of each technical cooperation project implemented in 2012. 8. The Committees recommended that future reports on the Technical Co-operation Programme not only focus on the economic results but also on the Programme’s impact on global improvements to civil aviation. Although it was agreed that this information would be of interest, it was also acknowledged that it would be difficult to obtain and to measure the contribution that TCB made to the overall objectives of ICAO. 9. In supplementing the information already provided by the joint report of the Committees, the Secretary General updated the AOSC Fund results by indicating that the implementation of the Programme stood at $130.9 million and that the surplus was actually $1.2 million as opposed to $663,000. Although the updated amounts had been posted on the website, the Secretary General cautioned that these figures had not as yet been audited. In addition, he revealed that the updated amount for the accumulated balance was $2 million as there was $800,000 in the bank account. 10. In their statements to the Council, the Representatives of Argentina, Cameroon, Colombia, Cuba, Denmark, France, Italy, Malaysia, Nigeria, Paraguay, Slovenia, Spain, United Kingdom, and the United States all expressed satisfaction with the progress in the Technical Co-operation Programme performance and in the AOSC Fund results, as well as with the optimistic future outlook. 11. The Representative of Spain referred to paragraph 3 of the joint report and welcomed the increase in implementation volume and the positive results from the AOSC Fund. He emphasized that the forecasts had proved to be accurate, which was essential for building trust with the Council and he expressed the hope that in the future there would be more information about the quality of the outputs and the impact on the ICAO Strategic Objectives as well as an indication of client satisfaction. He stated that future reports should also contain a systematic reference to the business plan context, which should be the basis for the programme activity.

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12. By way of elaboration, the Director, Technical Co-operation Bureau (D/ATB) revealed it had recently been agreed to report not only on the economic aspects of the programme but also on the quality and impact of the projects being undertaken in the context of the ICAO Strategic Objectives. He indicated this would be a challenging undertaking since for many projects it was difficult to determine the precise impact on each Strategic Objective, but that nevertheless the Secretariat was committed to completing an overview of projects vis-à-vis the Strategic Objectives and taking into account client satisfaction. It was anticipated that this would be reported on in detail in the future. 13. In welcoming the report the Representative of Nigeria praised the efforts of the Secretary General and the ICAO management team on this issue for the positive results that had been achieved. 14. The Representative of Italy underlined the importance of maintaining the character of impartiality and balance in dealing with the different projects because this is what makes the contribution all the more appreciated. In this connection, he sought clarification on paragraph 3.2.1 of the report in relation to experts. He observed that on occasion where experts are hired from the recipient State that is receiving the technical assistance, there might exist a conflict of interest and therefore this was a practice that ought to be avoided. Specifically he sought clarification on how such experts are hired, and what type of selection process the TCB undertakes in this regard. 15. In response the Director, Technical Co-operation Bureau (D/TCB) explained that the relevant selection procedures for experts are lengthy and involve in the first instance, an assessment of the profile for each project and the resource requirements taking into account the country in question. In most cases, this information is used to identify a number of proposed experts for each profile who are ranked accordingly. The countries make the selections while ICAO hires the experts and assesses their performance. All experts are subject to rigorous review and oversight process. 16. The Representative of Malaysia specifically welcomed the turnaround that had been achieved in the Programme over the past six years, including the surplus in the AOSC Fund. He expressed the hope that there would be ongoing efforts in the years ahead to maintain these positive outcomes since this reflected the expectations of the Council. 17. The Representative of Slovenia emphasized that the activities undertaken as part of the Programme reflected an important aspect of the overall role ICAO had as an Organization that assisted Member States in a balanced way through its programmes and activities. In this context he hoped that the positive outcomes reflected in the report would continue into the future. 18. The Representative of France stated that although the surplus represented a remarkable achievement the situation was nevertheless rather fragile so it was important for the Secretariat to remain vigilant in maintaining the necessary oversight measures that would continue to deliver both an increase in activity and an enhancement in results. This represented a good example whereby a reduction in funding did not necessarily have to mean an adverse impact on outcomes. He also observed that the breakdown in activities in the Programme across the regions was more balanced than in the past and that this ought to be sustained into the future. 19. In agreeing with the comments of the Representative of France, the Representative of Denmark also stated that he looked forward to the final audited results. He observed that as recently as December 2012, the Programme had been estimated at $124 million. Since January 2013, the estimate had continued to grow from $126 million to about $130 million today so he welcomed these results.

C-MIN 198/1 (Open) - 6 -

20. The Representative of Argentina highlighted the importance of promoting the success of the Programme to a broader external audience so that Member States were fully aware of the benefits of the activities being undertaken. He encouraged the Secretariat to continue its efforts in this regard. 21. The Representative of Colombia emphasized the importance of the quality assurance procedures that had been implemented as part of the Programme. He observed that this had been instrumental in reducing costs while delivering revenue growth and in this context he encouraged the Secretariat to explore how this experience could be applied to other ICAO activities and programmes. 22. The Representative of the United Kingdom reiterated that the information on the Programme’s impact on global improvements to civil aviation as outlined in paragraph 6 of the report, was particularly important as regards to the contribution this makes to broader strategic objectives. Although this represented a challenge, he hoped that more ICAO projects would be assessed on the basis of their contribution to the objectives of the Organization. He stated that these principles should be reflected in the technical cooperation activities from the outset. 23. In associating himself with the comments of the Representative of the United Kingdom, with respect to paragraph 6 of the report, the Representative of Cameroon observed that there were certain difficulties inherent in measuring an overall impact on global aviation. In this connection, he stated that one option for measuring the impact might be to note the list of States with Significant Safety Concerns (SSCs) and to determine whether those States that participated in technical cooperation projects were subsequently removed from the list. 24. By way of response, the Secretary General indicated that in his next progress report to the Council on the Monitoring and Assistance Review Board (MARB), he had already intended to provide a detailed description of each of the SSCs and the States that are on the list, including whether a State had been removed from the list as a result of technical assistance. 25. The Representative of the United States drew attention to the issues of training and procurement as noted in paragraphs 3.3 as well as 3.4 of the report and stated that these were important matters that required further consideration by the Council. In particular, he observed that advanced training was crucial in raising professional standards. He was therefore concerned to ensure that all training led to positive outcomes. 26. On this point the Secretary General revealed that more detailed information would shortly be forthcoming and would be disseminated in due course. 27. The Representative of Cuba emphasized the importance of generating revenue given the current global economic situation and the reality facing many Member States. In welcoming the positive results achieved in the Programme he encouraged the Secretariat to explore ways to extend similar management strategies elsewhere to other programmes and activities in the Organization with the aim of achieving comparable results. 28. The Representative of Paraguay reminded the Council that the Programme played an important role in ensuring that existing aviation systems were improved and efficiencies were gained for Member States. She also echoed the comments of other Council Representatives in encouraging the Secretariat to consider replicating the positive results achieved to other programmes and activities.

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29. In drawing the discussion on this item to a close, the President of the Council thanked Council Representatives for their guidance and support in implementing the changes that had helped to bring about a more positive outlook for the Technical Co-operation Programme, especially in terms of increased activity as well as revenue and the achievement of a surplus. On behalf of the Council, he thanked the Secretariat for their efforts in this regard. 30. The Council then noted the oral report by the Secretary General on the financial and operational performance results of the development of the Technical Co-operation Programme for 2012 and the related joint oral report by the Technical Co-operation Committee and the Finance Committee. Subject No. 20.1: Activities of the regional offices Subject No. 24.2: Assembly agenda and documentation

Draft Assembly working paper – Cooperation with Regional Organizations and Regional Civil Aviation Bodies

31. The Council had for consideration: C-WP/13921, presented by the Secretary General, which reported on progress made with regional organizations and regional civil aviation bodies in the context of the ICAO Policy on Regional Cooperation. The draft Assembly working paper was prepared in response to a request from the 37th Session of the Assembly for a report on the overall implementation of the ICAO Policy on Regional Cooperation (Resolution A37-21, Resolving Clause 10 refers). 32. In his introductory comments, the Secretary General recalled the historical background to the item, including the requirement for a draft Assembly working paper that outlined the manner in which ICAO has progressed over the current triennium in implementing the ICAO Policy on Regional Cooperation by adopting proactive measures and conducting joint activities. He also recalled that the 37th Session of the Assembly in adopting Resolution A37-21, had requested the Council to deliver a report to the next Session of the Assembly on the overall implementation of the ICAO Policy and progress made. The draft Assembly working paper had been coordinated with relevant regional organizations and regional civil aviation bodies as well as with those that had signed an ICAO Memorandum of Cooperation. 33. The Representative of Denmark sought clarification on whether paragraph 10 of Assembly Resolution A37-21 required that a report on this item be delivered to every future session of the Assembly or only to the 38th Session of the Assembly. By way of clarification, the Secretary General confirmed that given the importance of this issue it was intended that a report on this item would be presented to all future Assembly sessions. 34. The Representative of Mexico underlined the importance of ensuring that ICAO actively participates in regional meetings. He suggested that consideration be given for the report to include an additional emphasis in this direction to which the Secretary General explained that the Secretariat carefully considers the benefits of its participation at all events. He observed that it was not possible to attend all events given work and time constraints so a thorough assessment is made of the merits of each event and of the value that ICAO participation could bring. Requests for participation at meetings that involve more than two Secretariat Officers had to be submitted to him in advance for approval. He also drew a distinction between a policy meeting and an operational meeting, which might at times be difficult to distinguish, but that in essence great care was taken in confirming participation at events.

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35. The Representative of Canada wondered whether there was a need to provide greater clarity and to be more strategic in the manner with which this Policy was being implemented particularly as regards to harmonizing efforts and coordinating planning. In response, the Secretary General elaborated on the way in which the report outlines this information in an overall context. He also noted that regional cooperation is different depending on the region and depending on the strength of the Regional Organizations in different parts of the world, which was something that needed to be taken into account in implementing this policy. 36. The Representative of the United States emphasized the importance of eliminating duplication and of harmonizing the implementation of the policy. The value added component represented an important factor in this process and one which he was confident was being taken into account in this context. 37. The Representative of India expressed the view that future reports should contain information on regional security events so as to present a more comprehensive overall summary. 38. The Representative of Paraguay welcomed the report and the way it had presented information in a comprehensive and clear manner particularly as regards to Latin America. However, she drew attention to an error in the Spanish language version of the document, where a word had been repeated in the final line of paragraph 7.4. The President of the Council undertook to have this corrected. 39. The Representative of France underlined the important added value that regional cooperation brings and he encouraged efforts in this regard to be enhanced where possible. There was a need to adapt participation to the circumstances and that the President and Secretary General should not be expected to attend all meetings as it would be too demanding. He also agreed with the need to ensure that a report on this item be presented to all future Assembly sessions. 40. The Representative of Malaysia referred to paragraph 8.3 of the report and specifically to the ICAO presentation on the APANPIRG GNSS implementation activities that had been delivered to a meeting of the APEC GNSS Implementation Team (GIT/17) in July 2012. In this regard, he encouraged the Secretariat to provide a more active level of participation especially in areas such as this where ICAO had a level of expertise to offer and where there might be an expectation from stakeholders that the Organization could genuinely add value. 41. In supplementing his earlier intervention, the Representative of Mexico stated that it was important for the President of the Council and the Secretary General to jointly coordinate their participation at events particularly when it came to promoting regional cooperation. 42. In the context of overall regional cooperation activities, the Representatives of Colombia and Burkina Faso noted the important role played by Planning and Implementation Regional Groups (PIRGs) and they stressed the need for the Council to consider strengthening the level of interaction with PIRGs and for there to be an increased level of reporting in this area. 43. In concluding the discussion on this item, the President of the Council took note of all the comments made and assured the Council that Regional Organizations would continue to play an increasingly important role. He recalled that this was one reason why Assembly Resolution A37-21 had been adopted and why both he and the Secretary General had coordinated their attendance at meetings. He also observed that the Regional Offices play an important role with regional meetings. He noted the progress that had been made since the Assembly Resolution had been adopted and although the report

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was not meant to be exhaustive it nevertheless reflected the agreements reached and the main outcomes of those agreements. In relation to the PIRGs, he informed the Council that he would be meeting with the Chairmen of the PIRGs and the RASGs in March in the United Kingdom. 44. The Council then approved the draft Assembly working paper appended to C-WP/13921 concerning the implementation of ICAO’s Policy on Regional Cooperation, for transmission to States as documentation for the 38th Session of the Assembly. Comments made during the discussion would be taken into account by the Secretary General. Subject No. 14.2: Regional Plans

Annual Report to Council on Regional Offices’ activities during 2012 and work programmes for 2013

45. The Council had for consideration: C-WP/13919, an information paper that presented a summary report of the activities undertaken by Regional Offices for the year 2012. The paper also contained an outline of the proposed work programmes for 2013. 46. In his introductory comments, the Secretary General recalled that when the equivalent of this report had been presented to the Council the previous year, it was identified that there was need for improvement and so information contained in this year’s report was presented under six main topic headings: safety, air navigation, security, air transport, environmental protection, and technical cooperation. The document provided a synopsis of the activities undertaken by the Regional Offices under the global strategic direction of the Organization, while at the same time outlining significant activities specific to each region and taking into account the needs of Member States. He noted that it was an extensive report and in doing so he highlighted that as activities are aligned with the business plan and other key strategies, Regional Offices are increasing their synergies with Headquarters, thus reinforcing the “Working as One ICAO” approach. He also noted that his Office was responsible for coordinating with the Regional Offices, on a political or policy front, while technical and operational coordination was covered directly by the relevant Bureau, thus avoiding potential duplication of effort. 47. Given the increased collaboration with Regional Organizations and Regional Civil Aviation Bodies, the Secretary General observed that positive outcomes were also being achieved through more effective and cost-efficient initiatives. The implementation of SARPs for safety and security remained the primary focus of Regional Offices activities. However, due to the addition of Regional Aviation Security Officers, the activity in this area had been considerably enhanced. Work on air navigation capacity and efficiency had also been increasing with the implementation of performance-based navigation, rule structures, and air traffic flow management. This activity would continue to gain importance in the future. At the same time, the role of the Regional Offices in air transport and environmental protection would develop as policy needs were more clearly defined.

48. The Representative of Singapore found the report to be especially useful and given its relevance, it was important that the Council was kept informed of any developments. He suggested that consideration be given to reporting on the PIRGs along similar lines as these style of reports, which could help Council to perform its oversight function. However, one aspect that he found lacking from the report was in relation to the ATS route between Ecuador and the Asia Pacific. He observed that although this had indeed been referred to in Appendix B, it should also have been included in Appendix A as well.

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49. The Representative of Australia welcomed the comprehensive nature of the report, including the structure, which greatly added to the readability of the information contained. However, she observed that it was not always apparent in the report as to how activities undertaken by the Regional Offices related to the ICAO Strategic Objectives. Acknowledging that this was not easy to measure, she nevertheless encouraged the Secretariat to move further in that direction in future reports. 50. In relation to information provided in the report about the implementation of Flight Plan 12 in November 2012, she observed that this had been successfully implemented and that the Regional Offices played a role in that. However, she expressed concern that there did not appear to be a proposal to conduct a post-implementation review of this project. She wondered to what extent this was being monitored through the Regional Offices and the degree to which Member States were following through. There was an important compliance aspect to this issue given the benefits derived from a project such as this and in light of the resources that had already been invested. 51. In response, the Chief, Integrated Infrastructure Management Section (C/IIM) confirmed that the Secretariat had envisaged a post-implementation review that would take place after the Assembly, or in the year following the Assembly to determine the success of the implementation. He explained that there had been a slight delay as the Secretariat had been awaiting the outcome of ANConf/12, at which this issue had also been under consideration. 52. In concurring with the comments from the Representative of Australia, the Representative of the United Kingdom stressed the need to more clearly establish the link between the activities in the regions and the outcomes achieved, particularly in the context of a results-based management approach. 53. The Representative of France echoed earlier comments in welcoming the comprehensive and informative nature of the report but expressed the view that in relation to the 2013 work programmes, the information provided could have been more substantial. He suggested that future reports more clearly delineate between ongoing activities and new activities and that in addition, the reports should take a long term view of future work programmes by reflecting activities scheduled two and three years in advance. 54. The Representative of Nigeria thanked the Secretariat for compiling the information that had been presented in the report. One aspect of the report that he found especially useful was the information relating to key issues in each region, which outlined the challenges being faced vis-à-vis the Strategic Objectives. In this connection, he wondered how the Council could better apply this information in shaping the various policies that came before it for consideration and in providing Regional Offices with an opportunity to elaborate options in addressing the various issues. 55. In response, the President of the Council acknowledged that this represented a challenge for the Secretariat but also for the Member States who had an opportunity to engage with the Regional Offices on specific areas of concern. 56. The Representative of Spain expressed the view that future reports could contain a management plan for each of the Regional Offices that in turn reflected the overall ICAO management plan. He stated that both the Council and the Regional Offices needed to work together to identify strategic challenges and how these would be addressed. 57. In relation to the term “air navigation” as it appears in the report, the Representative observed that it seemed to comprise the concept of safety, which could imply capacity and efficiency in

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air navigation, and not merely air navigation alone. In this connection, there was a need to better clarify this term and he observed that a related example in the Latin American region carried implications for an unassigned Flight Information Region (FIR). He sought further information from the Secretariat about this issue. 58. With regard to Regional Offices and technical cooperation activities, he stated that the role of the Regional Offices was not clear and that more detail might be needed in the action plans. Likewise on the issue of the role of the Regional Offices in promoting capacity and efficiency of air navigation especially in terms of route structuring, it was important to ensure efficient route structures that enhance air navigation. 59. By way of supplementary information, C/IIM confirmed that indeed there was an unassigned FIR in which the Secretariat was currently in negotiations with the relevant State to take responsibility for this matter on behalf of ICAO. It was anticipated that this would lead to a proposal that would be presented to the Council in the near future. 60. The Representative of Cuba sought clarification on the potential role that Regional Offices could play in ensuring that Member States responded to State Letters. He observed that it was often the case that replies from States are not forthcoming within a reasonable timeframe and that perhaps this was an area that the Regional Offices could play a more pro-active role. 61. The President of the Council agreed that the response rate to State Letters was indeed an area requiring an additional focus and emphasized that it was especially important for Member States to react promptly to State Letters concerning the Annex amendments. He also concurred with the suggestion that Regional Offices could play a more active role in liaising with Member States in this regard. 62. The Council then noted information paper C-WP/13919, in which the Secretary General provided a summary of the activities undertaken by the ICAO Regional Offices in 2012 and an outline of the related work programmes for 2013. In so doing, the Council also noted that the summary reports for each of the Regional Offices were presented as separate Appendices to the information paper. Subject No. 13 : Work programmes of Council and its subsidiary bodies

2012 Report on the activities of the Evaluation and Audit Office (EAO)

63. Tabled for the Council’s consideration was C-WP/13933, in which the Secretary General transmitted the report on activities undertaken by the Evaluation and Audit Office (EAO) in 2012. 64. In his introductory remarks to this item the Chief, Evaluation and Internal Audit Office (C/EAO) acknowledged that the results delivered in 2012 were less than ideal. He explained that in part this was due to the fact that EAO had been functioning with less than a full complement of staff. As a consequence, some elements of the EAO work programme for 2011 had not been undertaken. The work programme had also been impacted by the inclusion of two special investigations: one related to a grant certification for the European Union and the other an evaluation of COSCAP South Asia. 65. In relation to the overall role, C/EAO reminded the Council that EAO has oversight responsibilities applying to internal audit, evaluation, investigations, and other administrative activities that do not form part of its core function such as acting as a focal point between the Secretariat and the Joint Inspection Unit, and, between the Secretariat and the External Auditor. These non-core activities

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represent a significant workload on an ongoing basis and because of the need to comply with strict deadlines paradoxically have often taken priority over core activities. However, C/EAO has been working with the Secretary General to identify and implement appropriate solutions to solve these issues that prevent the EAO from playing its full role and in providing assurance to the Council that effective controls are in place, particularly as regards to potential sources of savings. 66. In concluding, C/EAO observed that as from February 2012, EAO would have a full complement of staff with the result that four audits and two evaluations are currently under way. This would facilitate completion of the 2012 work programme, commencement of the 2013 work programme, and a greater ability to respond to ad hoc requests. In addition, C/EAO was in the process of introducing several new management processes aimed at improving monitoring and speeding up delivery of reviews. He was also arranging quarterly meetings with the senior management group with the aim of improving the rate of implementation of recommendations. This latter measure had already delivered results with the number of outstanding recommendations having fallen sharply. 67. The Representative of Denmark stated that although he was dissatisfied with the lack of progress in relation to internal audits, he did nonetheless welcome the explanation and additional information provided by C/EAO as well as an outline of the changes that had been implemented to improve the overall situation. In doing so, he asked why it had taken so long to fill a vacant Professional post in EAO. The Representative also sought clarification about the role and obligation of EAO in providing the Council with the results of any investigation in relation to misconduct even in cases where an investigation had been conducted on a confidential basis. 68. In response, C/EAO explained that in relation to the delay in recruiting for one of the Professional posts in EAO, this had been due in part to the fact that the selected candidate was unable to take up the position for some months following the offer of appointment. Regarding investigations of a confidential nature, C/EAO indicated that it was not possible to disclose the results of any investigation that relate to individuals. He observed though that the reports of the Ethics Officer gave an indication of the nature of some of the investigations being carried out since this was taken into account by EAO and was helpful in highlighting certain aspects of a number of issues requiring investigation. 69. The Representative of Spain welcomed the fact that EAO now had a full complement of staffing resources to fulfil its mandate and expressed the hope that this would lead to positive results in the year ahead. In relation to the way that the Secretariat responded to audit recommendations, he stated it was important for the Secretariat to appreciate that it had an obligation to respond not only because an issue formed part of an audit recommendation but also because an issue was covered by a Council decision, which by implication necessitated appropriate attention by the Secretariat. 70. In also welcoming the report of the EAO, the Representative of the Russian Federation expressed the hope that in the forthcoming deliberations on the ICAO budget, the Council would bear in mind the need to ensure that EAO was adequately resourced to undertake all the activities required. In this connection, he stated that he would support strengthening the staff allocation for EAO when the budget discussions were under way. 71. The Representative of Singapore emphasized the importance of the evaluation role being performed by EAO. He stated that this was an invaluable management tool and in this connection it was unfortunate that the evaluation programme had not been progressed as much as it had been hoped. He especially stressed the importance of COSCAP evaluations since they represent an important element of the support ICAO provides to Member States in ensuring harmonization and implementation of safety

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oversight requirements. He therefore encouraged EAO to consider undertaking a global COSCAP with a view to examining whether it could in its current format be further enhanced to help States.

72. In welcoming the EAO report and the positive outlook it presented, the Representative of France wondered whether the delays that had been experienced in filling one of the Professional posts could give rise to a review of the recruitment procedures so that where a preferred candidate was unavailable within a given time frame, there would be a requirement to offer the position to a subsequent candidate. In relation to the issue of internal investigations of a confidential nature, the Representative expressed the view that as a governing body, the Council should be kept informed of all such matters regardless of the confidentiality aspects. Concerning liaison with the Joint Inspection Unit (JIU) and the External Auditor, the Representative wondered how the resultant workload could be reduced so as to minimize the impact on EAO. This was particularly important vis-à-vis JIU recommendations, many of which carried no direct applicability for ICAO. The Representative expressed concern that the overall workload for EAO was excessive and that it was necessary to reduce this burden.

73. In response, the Secretary General observed that the issue of the workload resulting from the JIU recommendations had been dealt with on previous occasions and it had been decided that ICAO needed to be part of the JIU process, which was an integral aspect of the United Nations system. Nevertheless, ICAO in collaboration with the JIU, is exploring a two-tier approach whereby recommendations that have no direct relevance for ICAO would not require a response. In relation to its liaison role, the Secretary General explained that EAO was not the only part of the Secretariat dealing with the External Auditor. On the matter of confidential investigations, he indicated that in this instance the matter involved a violation of the rules. At the time he had considered a range of options by way of response since all such matters are taken very seriously and he had accordingly taken the necessary action.

74. The Representative of France reiterated that regardless of the confidential nature of certain items, the Council as a governing body, should as a general principle be kept informed of such matters. In response, the Secretary General explained that the only aspect of this matter that had been kept confidential was the name of the individual concerned and there were governance implications in revealing that.

75. In referring to the delays encountered in staff recruitment, the Representative of India indicated that he would welcome additional information arising from potential audits of issues relating to internal staff development, training activities, and cost effectiveness of travel. However, he stated that there was a particular need to focus on the audit of IT strategic planning and project management since there was a concern this did not adequately provide the required delivery systems. He wondered whether EAO was in a position to deal with such an audit of the IT systems. The President of the Council indicated that information on this issue would be provided in due course.

76. In referring to the issue of COSCAP evaluations as referred to by other Representatives in earlier interventions, the Representative of Cameroon reiterated that this was important to the Member States and he urged that adequate resources be allocated to EAO so that this task could be carried out.

77. The Representative of Slovenia observed that there might be implications for EAO in the event of additional outsourcing being relied upon and that this might impact the outcome of activities being undertaken. In relation to the issue of confidentiality, he suggested that in future reports, such terms ought to be avoided.

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78. In referring to the liaison role between EAO and the JIU, the Representative of Cuba sought additional information on how the Council would be informed of the JIU recommendations being referred to ICAO. He expressed concern if the Council was in a position where it was unaware of certain JIU recommendations or if it were not given the opportunity to consider those recommendations.

79. By way of clarification, C/EAO indicated that the proposal was to identify in advance all JIU reports, including those not directly relevant to ICAO. Whereas the current arrangement requires ICAO to consider all JIU reports and respond to sometimes lengthy questionnaires, the proposal would entail a two-tier questionnaire that would enable the Secretariat to respond only to those reports that were considered essential and relevant. He explained that the Council would still be informed of all JIU reports but that this new arrangement would considerably lighten the workload for EAO.

80. The Representative of Colombia emphasized the importance of the results-based management approach in relation to the work of EAO. In this connection, he observed that there was a need to adopt a broader view that could be extended to accommodate a results-based evaluation focus on the expected outcomes of Council decisions and Assembly resolutions.

81. In relation to the issue of confidentiality, the Representative of the Russian Federation proposed that where there were certain sensitivities to be observed in terms of governance principles, consideration could always be given to the Council holding a closed meeting. He observed that this would satisfy the principle of transparency, which was equally important in such matters.

82. The Council then noted information paper C-WP/13933, together with the comments of the Chief, Evaluation and Internal Audit Office (C/EAO) on audit and evaluation reports completed during the year. It was also noted that the Appendix to the paper outlined the status of implementation of recommendations made in previous EAO reports. Comments made during the discussion would be taken into account by the Secretary General and C/EAO. Subject No. 3: Election of the President of the Council

Draft State Letter on the election of the President of the Council 8 83. The Secretary General introduced this item and in so doing, informed the Council that in accordance with the Rules of Procedure for the Council, the draft State Letter contained in C-WP/13923 would be issued to States not less than three months before the opening of the session of the Assembly. The State Letter informs States that the Council to be elected at the Assembly will elect its President. Attachments A and B to the State Letter reproduce the pertinent articles of the Convention, and Attachment C provides the information and conditions of service, salary and other benefits. Some of the figures in Attachment C would need to be adjusted as appropriate.

84. The Council was invited to approve the draft State letter and to determine the date by which the nominations for the Presidency should be in the hands of the Secretary General. In this respect, the Council was invited to consider a deadline for submissions of nominations of either, 13 September 2013, which is before the opening of the 38th Session of the Assembly or 11 October 2013, which follows the Assembly Session.

85. In referring to the question of the date of close of nominations, the Representative of India indicated a preference for this being after the Assembly session. On this basis he supported the

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option of 11 October 2013. He expressed the view that it would be preferable to have a closing date once the membership of the newly elected Council was confirmed and this would only be after the Assembly.

86. The Representative of Cameroon recalled that historically, with the exception of the past two Assembly sessions, the closing date for the submission of nominations had been set towards the end of August. He expressed a preference for a similar time frame and suggested that the Council consider permanently fixing a date for this item that was towards the end of August. He nevertheless indicated that he would also support the option contained in the paper, which was 13 September 2013.

87. The Representative of Colombia supported the concept of setting a permanent closing date for nominations and suggested that the final working day of August could be such an option. He stated that the closing date should always be before an Assembly session so that delegates would not be distracted by this issue at the Assembly.

88. In referring to the text of the draft State Letter and the requirements of potential candidates, the Representative of Canada wondered whether the sentence: “The international character of this high function, requiring contact with officials of different backgrounds and cultures, makes a knowledge of more than one of the working languages of ICAO another highly desirable qualification”, should not be amended to read instead “…a knowledge of more than one of the official languages of ICAO…”. On a separate matter, the Representative raised the issue of whether the monetary amounts contained in the Attachments to the State Letter were correct. Specifically he noted that the figures indicated for candidates with dependents and candidates with non-dependants were identical.

89. The President of the Council indicated that the Secretariat would review the monetary amounts contained in the Attachments to the State Letter in order to verify their accuracy. In relation to the issue of languages, he explained that the official languages and working languages were the same.

90. The Representative of Burkina Faso indicated a preference for selecting a date in advance of the Assembly session as this would also help to facilitate a more efficient meeting for the first meeting of the newly elected Council.

91. In relation to the options before the Council, the Representative of the Russian Federation indicated a preference for having a closing date for nominations that would be after the Assembly session. He stated that given the nature of the role of President of the Council, a later date would provide for greater flexibility for delegations to consider this issue during the Assembly.

92. The Representatives of Morocco, Nigeria, Saudi Arabia, Slovenia and United Arab Emirates all voiced support for choosing the earlier date as proposed so that nominations would close on 13 September 2013.

93. Speaking in support of selecting the later date of 11 October 2013, the Representative of France stated that this latter option had the advantage of providing candidates with more time to make their respective case. On a separate matter, with respect to the pension arrangement that is described in the Attachment to the State Letter, he wondered what the term “special arrangement” meant since the use of the term as it currently appeared was rather vague and might not be helpful to candidates in understanding the entitlement.

94. The Representative of Spain also drew attention to the information contained in the Attachments with respect to the pension arrangement and the need to provide additional clarity on this point especially with some of the terminology used. In relation to the date for close of nominations, he

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sought clarification on the reasons why in the past the date chosen might have varied to before or after an Assembly session. 95. The President of the Council explained that his understanding was that with the exception of the most recent two Assembly sessions, historically the date for the close of nominations for this position had generally been before the Assembly session. This was so as to allow time for consultation between Member States during the Assembly. He himself did not have a preference and recognized that there were advantages in either option presented to the Council. Nevertheless, based on the preceding discussion he perceived that the general consensus in the Council was to favour selecting a closing date for nominations of 13 September 2013. 96. Subject to the verification of information contained in Attachment C (Conditions of Service), the Council then approved the draft State letter appended to C-WP/13923, which would notify Member States of the forthcoming election of the President of the Council and inviting the submission of candidatures. The Council also agreed to fix 13 September 2013 as the date by which the submission of candidatures for the President of the Council should be in the hands of the Secretary General. It was understood that the information in Attachment C (Conditions of Service) would, if necessary, be updated in light of the Council's further consideration of the net base salaries and representation allowances of the President of the Council and the Secretary General, referred to in a subsequent item to considered by the Council (Representation allowances C-WP/13922 refers). It was also understood that the State Letter would be sent as soon as practicable. Any other business Subject No.50: Questions relating to the environment

Appointment of new Members and new Observers on the Committee on Aviation Environmental Protection (CAEP)

97. In the absence of comments by 16 November 2012 to the e-mail from the President of the Council dated 2 November 2012, Ms. Maryam Ali Ahmed Al Balooshi has been appointed as the new CAEP Observer nominated by the United Arab Emirates (UAE) with effect from 17 November 2012. 98. Also, in the absence of comments by 20 November 2012 to the e-mail from the President of the Council dated 7 November 2012, Mr. Timothy Fenoulhet has been appointed as the new CAEP Observer from the European Union to replace Mr. David Batchelor with effect from 21 November 2012. 99. In addition, in the absence of comments by 4 January 2013 to the e-mail from the President of the Council dated 29 November 2012, Ms. Özg_ Sari_nal has been appointed as the new CAEP Observer nominated by Turkey to replace Mr. Cemil Acar with effect from 5 January 2013. 100. Furthermore, in the absence of comments by 30 January 2013 to his e-mail dated 7 January 2013, the President of the Council has approved the nomination of Mr. Adam Simmons as the new CAEP Member from the United Kingdom to replace Mr. Jeremy Hotchkiss with effect from 31 January 2013. 101. Moreover, in the absence of comments by 6 February 2013 to his e-mail dated 23 January 2013, the President of the Council has approved the nomination of Mr. Jean-Philippe Dufour

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as the new CAEP Member from France to replace Mr. Philippe Langumier with effect from 16 February 2013. Subject No. 6.3: Election of Chairman and Members of subsidiary bodies of the Council

Appointment of a Member on the Air Transport, Joint Support and Unlawful Interference Committees (ATC, JSC and UIC)

102. In the absence of comments by 14 December 2012 to the e-mail from the President of the Council dated 19 November 2012, Mr. Abdallah Ibrahim Hamed Mahmoud (Egypt) has been appointed to succeed Mr. Mahmoud Taha Elzanaty as a Member of the JSC and UIC with effect from 15 December 2012. In accordance with the Rules of Procedure for Standing Committees of the Council (Doc 8146), the President of the Council has also appointed Mr. Mahmoud to succeed Mr. Elzanaty as a Member of the ATC with effect from 19 November 2012. Subject No. 6.3: Election of Chairman and Members of subsidiary bodies of the Council

Appointment of a Member and Alternates on the Air Transport and Unlawful Interference Committees

103. In accordance with the Rules of Procedure for Standing Committees of the Council (Doc 8146), the President of the Council has appointed Mrs. Doris Sotomayor Yalán (Peru) as a Member of the Air Transport Committee and Mrs. Lucy Camacho Bueno and Mr. Walter Milenko Vojvodic Vargas as her Alternates on this Committee with effect from 23 January 2013. 104. Also, in the absence of comments by 5 February 2013 to the President of the Council’s e-mail dated 24 January 2013, Mrs. Sotomayor Yalán has been appointed as a Member on the Committee on Unlawful Interference, and Mrs. Camacho Bueno and Mr. Vojvodic Vargas as her Alternates on this Committee with effect from 6 February 2013. Subject No. 15.4: Faciliation

Public Key Directory (PKD) Membership

105. In the absence of comments by 20 December 2012 to the e-mail from the President of the Council dated 21 November 2012, Mr. Adeel Khan (Australia) has been appointed as a Member of the PKD Board to replace Mr. Ross Tysoe from November 2012 to November 2013. Subject No. 10: ICAO relations with the United Nations, the Specialized Agencies and other

international organizations

Request from the European Union (EU) to participate as Observer in closed meetings of the Council on aviation security

106. In the absence of comments by 30 January 2013 to the e-mail from the President of the Council dated 17 January 2013, Mr. Christopher Ross, Head of Office, Office of the European Union (EU) in Montréal, has been invited, in accordance with Rules 32 a) and 38 of the Rules of Procedure for the Council (Doc 7559), to participate as Observer on behalf of the EU during the current (198th) Council’s consideration, in closed session, of all items related to aviation security.

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Subject No. 10: ICAO relations with the United Nations, the Specialized Agencies and other international organizations

Request from the World Wide Airport Coordination Group (WWACG) to participate in ATConf/6 as an Observer

107. In the absence of comments by 31 January 2013 to the e-mail from the President of the Council dated 24 January 2013, the World Wide Airport Coordination Group (WWACG) has been invited to participate as Observer in ATConf/6. Subject No. 16: Legal work of the Organization

Fifth Meeting of the Commission of Experts of the Supervisory Authority of the International Registry (CESAIR) – 17 to 18 December 2012

108. In the absence of comments by 7 December 2012 to his e-mail dated 3 December 2012, the President of the Council has approved the participation of Ms. Merriam Machika, Manager, Aircraft Registration of the South African Civil Aviation Authority as an observer in the Fifth Meeting of the Commission of Experts of the Supervisory Authority of the International Registry (CESAIR), to replace Mr. Subasham Devkaran. Subject No. 16: Legal work of the Organization

Sixth Meeting of the Commission of Experts of the Supervisory Authority of the International Registry (CESAIR)

109. In the absence of comments by 31 January 2013 to his memorandum PRES RK/2139 dated 17 January 2013, the President of the Council proceeded to convene the sixth meeting of the CESAIR to be held at ICAO Headquarters from 2 to 4 April 2013. Subject No. 15.2: Regulation of international air transport services

Revised Agenda for the Sixth Worldwide Air Transport Conference (ATConf/6, Montréal, 18 to 22 March 2013)

110. In the absence of comments by 31 December 2012 to the e-mail from the President of the Council dated 5 December 2012, it is considered that the Council does not have any objections to the revised Agenda for the ATConf/6 attached thereto. Subject No. 10: ICAO relations with the United Nations, the Specialized Agencies and other


Memorandum of Cooperation (MoC) between ICAO and the International Telecommunication Union (ITU) for Providing a Framework for Enhanced Cooperation

Regarding the Protection of the Global Navigation Satellite System from Harmful Interference with a Potential Impact

on Aviation Safety

111. In the absence of comments by 26 November 2012 to his memorandum PRES RK/2127 dated 13 November 2012, the President of the Council has signed on behalf of ICAO the MoC negotiated with the ITU.

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Subject No. 10: ICAO relations with the United Nations, the Specialized Agencies and other


Memorandum of Cooperation (MoC) between ICAO and the Civil Air Navigation Services Organisation (CANSO) for Providing a Framework for Enhanced Cooperation

to Improve Safety Performance in Civil Air Navigation Services Worldwide 112. In the absence of comments by 31 January 2013 to his memorandum PRES RK/2136 dated 17 January 2013, the President of the Council will sign the MoC on behalf of ICAO. Subject No. 14.1: International Standards, Recommended Practices and Procedures

Approval by the Air Navigation Commission, acting under delegated authority, of Amendment 2 to the Procedures for Air Navigation Services — Training

(PANS-TRG, Doc 9868) 113. In the absence of comments by 4 January 2013 to his memorandum PRES RK/2132 dated 7 December 2012, the President of the Council has approved Amendment 2 to the PANS-TRG on behalf of the Council and has informed the Council accordingly. Subject No. 46: Edward Warner Award

Election of a Member of the Edward Warner Award Committee 114. In the absence of comments by 22 January 2013 to the e-mail from the President of the Council dated 21 January 2013, Mr. Moumouni Dieguimde (Burkina Faso) has been elected as a Member of the Edward Warner Award Committee to succeed Mr. Jorge Gelso (Argentina). Subject No. 12: Programme of ICAO meetings

ICAO Symposium on Aviation and Climate Change, “Destination Green”, 14-16 May 2013, Montreal, Canada

115. In the absence of comments by 11 January 2013 to his e-mail dated 14 December 2012, the President of the Council has approved the invitation of the organizations listed therein to the ICAO Symposium on Aviation and Climate Change to be held in Montréal from 14 to 16 May 2013. 116. The Council went into closed session at 1710 hours so as to consider the remaining items on the Order of Business.

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SUMMARY MINUTES OF THE FIRST MEETING


CLOSED MEETING

First Vice President of the Council: Mr. D. Méndez Mayora (Mexico)

Acting Secretary: Dr. Fang Liu, Director, Administration Bureau and Services

PRESENT:

Argentina Australia Belgium Brazil Burkina Faso Cameroon Canada China Colombia Cuba Denmark Egypt France Germany Guatemala India Italy

— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. J. Taunay — Mr. M. Dieguimde — Mr. E. Zoa Etundi — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. K.L. Larsen — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría— Mr. P.N. Sukul — Mr. E. Padula

Japan Malaysia Morocco Nigeria Paraguay Peru Republic of Korea Russian Federation Saudi Arabia Singapore Slovenia South Africa Spain Swaziland United Arab EmiratesUnited Kingdom United States

— Mr. T. Koda — Mr. Y.-H. Lim — Mr. A. Boulmane —*Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. M. Fernando (Alt.) — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Dr. A. Pinto (Alt.) — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth


Mr. M. Delisle (Alt.) Mr. Chunyu Ding (Alt.) Mr. D. Blanco Carrero (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. P.O. Alawani (Alt.) Mr. J. Iglesias Villoz (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang M. (Alt.) Mr. A. Almoghraby (Alt.) Mr. K. Ferjan (Alt.)

— Canada ― China ― Colombia ― Japan ― Mexico ― Nigeria ― Paraguay ― Republic of Korea ― Republic of Korea ― Saudi Arabia ― Slovenia

Mr. D. Azema Mr. I. Galán Mr. B. Djibo Mr. M. Elamiri Mr. R. Bhalla Mr. J. Augustin Mr. P. Noad Mr O. Myard Mr. J. Weich Mr. R. Macfarlane Mrs. L.Comeau-Stuart Mrs. K. Balram Ms. H. Jackson Mr. M. Leitgab Mr. A. Larcos

— DC/OSG ― D/TCB — D/ATB — DD/SMM ― C/FIN — A/D/LEB ― DD/TCB ― C/EAO — DD/HR-ADB ― C/IIM — C/POD — C/SEA — EAO — ADADB ― ACS

*Part-time

C-MIN 198/1 (Closed) - 22 -


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Subject No. 7.4 Conditions of service

Representation allowances of the President of the Council and the Secretary General 1. With the First Vice-President of the Council (Mexico) presiding, the Council considered this item on the basis of C-WP/13922 Restricted [with blue rider], as presented by the Director of the Bureau of Administration and Services (D/ADB) and an oral report thereon from the Finance Committee (FIC). 2. In his oral report on this item, the Chairperson of the Finance Committee indicated that in relation to the salaries and allowances outlined in the working paper, one aspect of the component amounts remained outstanding and could not be finalized as this was awaiting a recommendation from the International Civil Service Commission (ICSC). Separately, he also explained that members of the FIC had emphasized the need to strengthen the level of transparency in relation to the representation allowances. In this connection the FIC was recommending that Council review both the amount of representation allowances being paid and the manner in which the payment was made. 3. The Representative of India stated that he agreed with the FIC recommendations a) and b) to maintain the salary levels for the officeholder positions at current levels pending a report from the ICSC that would determine certain components of the base salary levels. In relation to the FIC recommendations c) and d), he indicated a preference for maintaining the status quo so that there would be no change to the manner in which the representation allowances were administered. 4. In relation to the manner in which the representation allowances are currently paid, the Representative of the United States indicated that he was satisfied with current practices. He stated that it was necessary to minimize the level of bureaucracy that the Secretary General or the President might be required to comply with for such purposes. The United States understood that there was a certain level of unaccountability for these allowances but that this was perceived to be acceptable given the high-level nature of the positions. 5. The Representative of the United Kingdom observed that representation allowances are an accepted component of the overall package for similar high-level positions around the world but that the recent trend had been to incorporate a higher level of transparency into how these amounts are expended and for what purposes. He supported this trend especially as it reflected an increasingly important expectation in many Member States and would need to be taken into account in any review to be conducted of the manner in which the representation allowances are currently paid. 6. In expressing support for the continuation of the current practice, the Representative of Colombia stated that representation allowances should be recognised as a necessary component of the posts of President and Secretary General given the high-level nature of their roles. On this basis some flexibility should be maintained in the way the expenditure of the allowances was monitored. 7. The Representative of South Africa also echoed support for maintaining the status quo in relation to how the representation allowances were paid and the expenditures monitored. 8. While supporting a continuation of the current practice in relation to the representation allowances, the Representative of Slovenia wondered why this item was being dealt with in closed session. In response, the Deputy Director, Human Resources (DD-HR/ADB) explained that his

C-MIN 198/1 (Closed) - 24 -

understanding was that in the past the Council had previously determined that this item would always be considered in closed session. 9. The Representative of Spain sought additional information in relation to the way in which representation allowances are administered in comparable agencies of the United Nations system, which might assist the Council in its current consideration of this item. The Chief, Finance Branch (C/FIN) explained that for the most part, ICAO was consistent with the other agencies of the United Nations system in the way in which representation allowances are paid and monitored. 10. Given the current budget discussions that were taking place in ICAO, the Representative of Canada expressed the need to incorporate a higher level of transparency across all items of expenditure and that on this basis a modest review of the current practice in relation to the representation allowances could be beneficial in facilitating Council consideration of this issue. 11. The Representative of Burkina Faso indicated his support for maintaining the current practice in relation to representation allowances. He stated that the high-level role of both positions necessitated a certain level of discretion in the expenditure of the allowances given the duties that were being undertaken. 12. In light of the budgetary situation facing ICAO, the Representative of Germany expressed concern that insufficient time had been allocated to consider this item and the related issues arising that carried obvious financial implications. He stated that there was a need for Council to carefully consider all expenditures related to staff and the officeholders especially given the pressure on ICAO programmes and activities and in this context he urged the introduction of measures that would deliver greater clarity and accountability on all items of expenditure, including representation allowances. 13. By way of additional information on this item, the Chairperson of the Finance Committee explained that the representation allowances are effectively a supplement to the salary that was a flat rate simply added to a salary meant to cover incidental expenses such as receptions. On this basis it could be presumed that currently the President and Secretary General simply pay directly for any such items of expenditure. The alternative of having a distinct budget item for representation allowances was one option that was in use in some other agencies but which required the individual to submit receipts and invoices for all items of expenditure. He did not foresee that this was an onerous requirement for the officeholder and since this alternative approach offered the distinct advantage of greater transparency in monitoring items of expenditure, he favoured applying a similar model in ICAO. 14. While accepting the position put by the Chair of the Finance Committee, the Representative of Paraguay nevertheless expressed support for maintaining the status quo and the current practice since it afforded the officeholders of these positions a level of discretion that was inherently acceptable given the nature of their high-level roles. 15. The Representative of Denmark stated that while considering this item at previous sessions, the Council had understood that representation allowances were to be paid as a lump sum for hospitality purposes and not as a separate specific allocation against certain items of expenditure. He noted that C-WP/12206, which was considered by the Council at the 171st Session in February 2004, outlined how representation allowances were to be paid as a supplement to the salaries of the relevant officeholders for use in official hospitality. On this basis it was accepted at that time that the expenditure related to representation allowances would not be accountable. Nevertheless, he supported the recommendations of the FIC that in due course a review of the current practice would be warranted.

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16. In noting that there already existed a defined upper limit on the amount of the representation allowance in question, the Representative of Nigeria voiced support for the status quo and for continuing to pay the allowance to officeholders as a supplement to their salaries. 17. The Representative of Belgium expressed support for the recommendations of the FIC since he favoured the introduction of a greater level of transparency for all such items of expenditure. 18. In observing that there appeared to be a wide divergence of views as to how to proceed with this item, the First Vice-President of the Council stated that the Council might require additional time to fully consider the issues arising. He suggested that given the time constraints, one option might be for the Council to review this item in the context of the next triennium when additional information would be available that might assist the Council to arrive at a clearer position on all pertinent issues. On this basis, he proposed that in the meantime the Council continue with the current practice on representation allowances. 19. The Chairperson of the Finance Committee stated that if the Council wished to maintain the current practice on this item, it might nevertheless prove helpful if some guidance were provided on what expenses are meant to be covered by the representation allowances since the current ambiguity in this regard was one of the major concerns that required attention. 20. By way of additional information on the item, the Chief, Finance Branch (C/FIN) stated that since the level of representation allowances was predetermined, the methodology used in administering the expenditure did carry any implications vis-à-vis the budget. 21. The Director, Bureau of Administration and Services (D/ADB) suggested that one alternative option for consideration by the Council would be to require the President of the Council and the Secretary General to submit annual declarations outlining the purposes to which the representation allowances were used. This option would provide a methodology that increased the level of transparency while at the same time enabling the Council to exercise an element of review of the expenditures. 22. The Representative of Germany reiterated the importance of Council taking this opportunity to review the methodology for administering the representation allowances. He accepted that at this point of time the majority view on Council appeared to favour maintaining the status quo in this regard but he stated that in doing so the Council would be missing out on an invaluable opportunity to establish a new arrangement that would deliver greater transparency. Moreover, he observed that this was especially important in the context of the current budget scenario for the next triennium. 23. In noting that the Council had spent considerably longer on this item than had been anticipated and was now well past the scheduled closing time for this meeting, the Representative of the United States suggested that given the importance of the issue and in light of the wide divergence of views on Council, it might be more suitable for Council to delay a final decision and to return to this item at a subsequent meeting during this Session. 24. The First Vice-President proposed that the item be reconsidered at a subsequent meeting during this Session following which Council agreed to defer further consideration of this item to the Third Meeting of this session on Friday, 22 February 2013. 25. The meeting adjourned at 1815 hours.

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SUMMARY MINUTES OF THE SECOND MEETING

(THE COUNCIL CHAMBER, WEDNESDAY, 20 FEBRUARY 2013, AT 1000 HOURS)

OPEN MEETING



PRESENT:


— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. J. Taunay — Mr. M. Dieguimde — Mr. E. Zoa Etundi — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. K.L. Larsen — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría — Mr. P.N. Sukul — Mr. E. Padula — Mr. T. Koda


— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth

ALSO PRESENT: SECRETARIAT: Mr. M. da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. J.L. Viera (Alt.) Mr. M. Delisle (Alt.) Mr. P. Pape (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. P.O. Alawani (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. K. Ferjan (Alt.) Mr. R.A. Al Kaabi (Alt.) Mr. D. Behrens (Alt.)

― Brazil ― Brazil ― Brazil — Canada ― France ― Japan ― Mexico ― Nigeria ― Republic of Korea ― Republic of Korea ― Slovenia ― United Arab Emirates ― United States

Mr. D. Azema *Dr. Fang Liu Mr. B. Djibo Mr. R. Bhalla *Mr. J. Augustin Mr. J. Marriott Mr. S. Berti *Mr. B. Verhaegen Mr. D. Tiedge *Mr. J. Huang Mr. J. Thaker

— DC/OSG — D/ADB — D/ATB ― C/FIN ― A/D/LEB ― C/AVSEC ― C/SFP ― SELO ― C/ISD-SEC ― SLO ― SFP

*Part-time

C-MIN 198/2 (Open) - 28 -

ALSO PRESENT: (CONTINUED) SECRETARIAT: *Mrs. L. Dery

Mr. W. Parks III *Mr. J-P Mercier Mr. M. Siciliano Mr. A. Djojonegoro Mrs. C. Dermarkar Mr. E, Slavenas Mr. M. Leitgab Mr. F. Letullier Miss S. Black

― C/COS ― ISD-SEC ― A/C/ICT — SFP ― SFP ― SFP ― Consultant/SFP ― ADADB ― CSO/COS ― Précis-writer


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Subject No. 15.4: Facilitation Subject No. 24.2: Assembly Agenda and documentation

Draft Assembly working paper – Developments pertaining to Annex 9 – Facilitation and proposed work programme for the next triennium

1. The Council had for consideration: C-WP/13924 presented by the Secretary General, to which was attached a draft Assembly working paper reporting on developments since the last Assembly pertaining to Annex 9 – Facilitation and proposing priorities of, and outcomes for, the ICAO Facilitation (FAL) Programme for the 2014-2016 triennium; and an oral report thereon by the Air Transport Committee (ATC), which had considered the paper at its First Meeting of the current session on 25 January 2013. 2. The Representatives of Spain and the United Kingdom voiced support for the ATC’s oral report. Drawing attention to paragraphs 3.11 and 3.12 of the draft Assembly working paper, the Representative of Spain affirmed that managing and processing the transportation by air of unaccompanied minors was an important issue, although it was only listed under Category B (Planning for the future), priority 2, in the proposed FAL Programme for the next triennium. He recalled that difficulties had been encountered with certain airlines seeking to impose measures relating to the handling of unaccompanied minors that exceeded the requirements of certain States, including Spain, and that it had been necessary to resolve them through the courts. For that reason, it would be useful if the Facilitation Panel (FALP) addressed that issue.

3. The Director of the Air Transport Bureau (D/ATB) clarified that the issue was already being considered from both the facilitation and economic points of view, as airlines were charging substantial amounts of money for facilitating the transportation of unaccompanied minors. 4. The Representative of the United Kingdom welcomed the emphasis placed in the draft Assembly working paper on consolidation of the FAL Programme’s work and engagement with new technologies relating thereto, including the preparation of responses to new and emerging issues. Affirming that the section entitled “Working better with what we have” (cf. paragraphs 3.4 to 3.6) set forth the most important work at this stage, he stressed the need to increase States’ engagement in the FAL Programme. Noting that some 149 States were recorded in the Supplement to Annex 9 as not having provided information regarding their compliance or otherwise with Annex 9 Standards and Recommended Practices (SARPs), the Representative of the United Kingdom concurred that the proposed consolidation of the FAL Programme, and not its expansion, was very much the priority.

5. The Representative of Colombia supported the proposed action by the Assembly, namely, the endorsement of the proposed priorities in the FAL Programme and expected outcomes for the 2014-2016 triennium as set out in paragraph 3.12. He also spoke in favour of treating facilitation on an equal footing with security, as reflected in the new Strategic Objective C: Security & Facilitation approved by the Council (196/8) for the next triennium.

6. Responding to a question by the Representative of Colombia regarding compliance with Annex 9 SARPs, the Chief of the Aviation Security Branch (C/AVSEC) recalled that the Universal Security Audit Programme (USAP), which focused on the SARPs of Annex 17 – Security, also encompassed the security-related SARPs of Annex 9. A key observation made from the second cycle of USAP audits was the relatively low level of compliance with those Annex 9 SARPs that were audited. The Secretariat had therefore brought that level of compliance to the attention of the FALP and had initiated a discussion with the Panel on the reasons for non-compliance and actions that could be taken to enhance

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compliance. The inclusion in the FAL Programme for the 2014-2016 triennium of the issue of non-compliance with SARPs under Category A (Working better with what we have), with priority 2, represented an identified need. C/AVSEC looked forward to the progress that could be made with the assistance of the FALP. 7. Taking into account the changes suggested in the ATC’s oral report and the comments made during the review of the draft Assembly working paper, the Council agreed that: paragraph 3.4 would be amended to indicate that SARPs should be performance-based in so far as that was possible and desirable; the table set out in paragraph 3.12 would be changed to make it clear that issues relating to non-compliance with Annex 9 SARPs and developing responses to new and emerging issues would be given a higher priority by the FAL Programme during the next triennium; and the challenges to be addressed by the FAL Programme, such as those listed in the second sentence of paragraph 2.1, would be further elaborated in an Appendix.

8. Subject to these amendments, the Council, as recommended by the ATC, approved the draft Assembly working paper attached to C-WP/13924 as documentation for the 38th Session of the Assembly. A request by the Representative of Burkina Faso for updated information on African States` level of compliance with Annex 9 SARPs was noted by the Secretariat.

Draft Assembly working paper – Developments pertaining to the Machine Readable Travel Documents (MRTD) Programme and the ICAO Public Key Directory (PKD)

9. The Council considered: C-WP/13925 presented by the Secretary General, to which was attached a draft Assembly working paper on developments since the last Assembly pertaining to the MRTD Programme and the ICAO PKD; and an oral report thereon by the Air Transport Committee (ATC). Editorial amendments to paragraph 2.3 of the draft Assembly working paper and paragraph 1 of the Appendix thereto were noted. 10. During its consideration of the paper at its First Meeting of the current session on 25 January 2013, the ATC had expressed support for the Secretariat’s work in implementing the MRTD Programme and the ICAO PKD.

11. With regard to Section 2 of the draft Assembly working paper, the Committee had expressed concern that some Member States may not be issuing MRTDs that are fully compliant with Doc 9303, Machine Readable Travel Documents, and had welcomed the proposal by the Technical Advisory Group on Machine Readable Travel Documents (TAG/MRTD) to consider the establishment of an objective means to verify such compliance. The Committee had suggested that there was also a need to identify ways in which ICAO could encourage and assist States to achieve and maintain compliance with Doc 9303. In addition, the Committee had recommended the development of a roadmap to assist States in ePassport implementation initiatives. In this regard, it proposed amendments to paragraphs 2.2 and 2.4.

12. With regard to Section 3, the Committee had recommended that States issuing or intending to issue ePassports be encouraged to participate in the ICAO PKD and proposed a corresponding amendment to paragraph 3.2.

13. The ATC recommended that the Council approve the draft Assembly working paper with the inclusion of its proposed amendments.

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14. The Representative of Cuba voiced support for the MRTD Programme and the proposed new MRTD Strategy, as well as for the draft Assembly working paper. He also spoke in favour of the development of an ICAO model roadmap to assist States in ePassport implementation initiatives as proposed by the ATC. 15. While also commending the work being done regarding MRTDs, the Representative of Burkina Faso noted that the lack of a reliable source of electricity at airports in developing countries often posed an obstacle to implementation. He raised the possibility of ICAO encouraging its Member States to consider furnishing their airports with alternative sources of electricity, such as solar energy.

16. Taking into account the changes suggested in the ATC’s oral report and the comments made during the discussion of the draft Assembly working paper, the Council agreed that: paragraph 2.2 would be amended by adding, at the end, the phrase “and to identify ways to encourage and assist States to achieve and maintain compliance with Doc 9303”; paragraph 2.4 would be amended by adding, at the end, the sentence “To assist States in ePassport implementation initiatives, the development of an ICAO model roadmap is anticipated.”; and paragraph 3.2 would be amended by adding, at the beginning, the sentence “In order to derive the maximum benefits offered by the implementation and use of ePassports, States issuing or intending to issue ePassports should participate in the ICAO PKD.”.

17. Subject to the amendments recorded above, the Council, as recommended by the ATC, approved the draft Assembly working paper attached to C-WP/13925 as documentation for the 38th Session of the Assembly. It was understood that further to a suggestion by the Representative of Spain, the Secretariat would, at a future meeting, provide Representatives with information on alternatives to the ICAO PKD for implementing the specifications in Doc 9303, Machine Readable Travel Documents. Subject No. 52: Unlawful interference with international civil aviation and its facilities

Report on progress of the Implementation Support and Development – Security (ISD-SEC) Programme

18. The Council had for consideration: information paper C-WP/13929, in which the Secretary General reported on progress achieved in implementing the ISD-SEC Programme during 2012, notably with regard to assistance activities, training activities and measuring the effectiveness of capacity-building assistance; and an oral report thereon by the Committee on Unlawful Interference (UIC). 19. During its review of the paper at the First Meeting of the current session on 16 January 2013, the Committee had noted with satisfaction the assistance activities that have been undertaken since the implementation of the Aviation Security Assistance and Capacity-Building Strategy. The efforts being made by the Programme to measure the effectiveness of assistance activities in enhancing recipient States’ ability to meet aviation security Standards and Recommended Practices (SARPs) had been acknowledged. Also noted had been the number of States receiving assistance under the framework of a State Improvement Plan (SIP), as well as States that were in the process of working to implement a SIP. The Secretariat had been encouraged to continue reporting on the outcome of these partnerships. 20. Clarification had been provided to the Committee on the general requirements for establishing and maintaining endorsement as an ICAO Aviation Security Training Centre (ASTC), that no restrictions exist on the number of ASTCs that can be endorsed, and that the Secretariat conducts a triennial evaluation of each ASTC on a cost-recovery basis. A Committee Member had suggested that annual activity reports from each ASTC should be incorporated into the evaluation process.

C-MIN 198/2 (Open) - 32 -

21. In noting the list of Member States that provided voluntary financial contributions and/or in-kind contributions to the AVSEC Programme that was presented as Appendix A to C-WP/13929, the Committee had suggested that the Secretariat distribute the same list to all Member States as a means of encouraging additional contributions. 22. Endorsing the UIC’s oral report, the Representative of Spain agreed that there should be no limit on the number of accredited ASTCs. If an ASTC desired to be accredited and met ICAO’s requirements, then it should be accredited.

23. In averring that there was a dichotomy between security and facilitation, the Representative of Brazil noted that all passengers were required to remove their shoes during the screening process at airports following the attempt of one terrorist to board an aircraft with a bomb in his shoe and were prohibited from carrying liquids, aerosols and gels in cabin baggage after another terrorist had tried to smuggle liquid explosives onto an aircraft. Maintaining that such measures were excessive, he stressed the need for common sense and a balanced approach to security and facilitation. The Representative of Brazil underscored that it should not be necessary to pass through numerous checkpoints and show identification many times prior to boarding an aircraft. 24. While noting that many people shared that view, the President of the Council indicated that aviation security was a complex issue. The introduction of new screening technologies and methods would, however, simplify boarding procedures in future. The Representative of Brazil maintained that ICAO should try to introduce some uniformity in screening procedures as they varied from airport to airport.

25. The Secretary General recalled that the said incidents, as well as the incident involving explosives concealed in underwear, had necessitated the immediate disruption of air transport as it had been unknown whether other terrorists were trying to carry out simultaneous attacks at the same or other installations. Such incidents had led to more stringent aviation security measures. The Secretary General noted, in this regard, that while ICAO’s Annex 17 and Aviation Security Manual (Doc 8973 Restricted) set forth general rules governing aviation security, it was for each State to interpret them in view of the perceived threat at each of its airports. He further indicated that there were efforts under way to facilitate travel for passengers. 26. Noting that his State was among the worst affected by acts of unlawful interference and sabotage, the Representative of India indicated that although aviation security measures could be irritating for passengers, they were necessary. He recommended that ICAO consider developing a Standard or a Recommended Practice regarding security checks at airports. The Representative of India also emphasized the need to replace airports’ existing door frame metal detectors, which had technical limitations, with new, non-intrusive but more comprehensive screening technology, such as millimetre wave technology, when it became available. It was also necessary to popularize such screening technologies and so enable passengers to set aside their mindset regarding privacy. These were also areas that ICAO could address in the future. 27. Observing that the new screening technologies remained the preserve of a few major companies which were not in a position to meet the increasing demand, the Representative of India underscored the need to provide technical assistance to States, particularly those with a large aviation sector, so that they could produce the screening equipment themselves. In suggesting that ICAO coordinate such technical assistance, he emphasized that the mass production of the screening equipment would reduce its

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costs. The President of the Council noted that ICAO’s AVSECPaedia web-based platform enabled States to share sensitive information on screening technologies and techniques.

28. The Representative of the United Kingdom underscored that the said attempts to introduce concealed explosives or liquid explosives into aircraft were not isolated incidents and that multiple attempts had been made but had been thwarted before the terrorists had reached their targets. While acknowledging that there was a certain degree of tension between security and facilitation, he emphasized that when security measures were carried out well, they could have a facilitative effect. Moreover, contrary to the common perception, they were not time-consuming. The Representative of the United Kingdom noted that in his State, where passengers were required to check in two hours before flight departure, security measures only took on average four minutes. He stressed that if ICAO ensured that the ISD-SEC Programme spread good security practices and measures, then security and facilitation would be improved. It was for that reason that the Representative of the United Kingdom supported the Programme.

29. Referring to the comments made by the Representative of India, the Representative of the United Kingdom noted that his State, as well as some others, had their own assistance programmes for aviation security and cooperated closely with the Secretariat. Indicating that they also made additional voluntary contributions to the ICAO ISD-SEC Programme, he encouraged other States to do likewise. Recalling the points made regarding the standardization of security procedures, the Representative of the United Kingdom underscored that while passengers would know what to expect at airports, terrorists would as well. A degree of variation was therefore desirable, although it should be ensured that any such variation was necessary.

30. Noting that his State also had experience with such acts of unlawful interference and sabotage, the Representative of Colombia indicated that it supported the ISD-SEC Programme as it was essential to the future health of aviation. In endorsing the draft Assembly working paper, he highlighted the importance of maintaining a balance between the needs of security and facilitation. The Representative of Colombia underscored the need for security measures to be reasonable and to be proportionate to the level of risk, which implied a certain variability. He also emphasized that if enhanced screening was necessary at a given airport, then additional checkpoints should be set up to avoid delays. 31. The Council then noted the information provided in C-WP/13929, as well as the UIC’s oral report. The Secretariat took note of the Committee`s suggestions that annual activity reports for each Aviation Security Training Centre (ASTC) be incorporated into the ASTC evaluation process and that the list of voluntary financial contributions and in-kind contributions to the Aviation Security (AVSEC) Programme during 2012 set forth in Appendix B to the paper be distributed to all Member States in order to encourage additional contributions. It was understood that, pursuant to a request by the Representative of Spain, a list of accredited ASTCs and those training centres requesting ICAO accreditation would be posted on the Council website. Subject No. 12.5: Plans for legal meetings Subject No. 16: Legal work of the Organization Subject No. 16.3: International air law conventions

Report of the Second Meeting of the Special Sub-Committee of the Legal Committee to review the Tokyo Convention (Montréal, 3 to 7 December 2012)

32. Tabled for the Council’s consideration was C-WP/13931, in which the Secretary General reported on the results of the Second Meeting of the Special Sub-Committee of the Legal Committee for the

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Modernization of the Tokyo Convention including the issue of Unruly Passengers, held in Montréal from 3 to 7 December 2012. The Special Sub-Committee had unanimously recommended that a meeting of the Legal Committee be convened to further review the Tokyo Convention, with particular reference to the issue of unruly passengers. Appendix A to the paper contained the main operative clauses for a draft Protocol to amend the Tokyo Convention which had been prepared by the Special Sub-Committee to facilitate future work. 33. During the ensuing discussion, many speakers commended the work done by the Secretariat and the Special Sub-Committee on the important issue of the modernization of the Tokyo Convention. The Representatives of Mexico, Argentina, Japan, Australia, Malaysia, Spain (in principle), the United States, Belgium, France, Colombia, South Africa, Singapore, Saudi Arabia, United Arab Emirates, Burkina Faso, Peru, Morocco and Swaziland endorsed the action proposed in the executive summary of the paper relating to the convening of the 35th Session of the Legal Committee in Montréal from 6 to 15 May 2013 as a Special Session, the Provisional Agenda, and the invitation to observers.

34. The Representative of Mexico nonetheless expressed concern that States would have sufficient time in which to carry out the necessary consultations and otherwise prepare for the meeting. The Representatives of Spain and France entrusted the Secretariat with determining the optimal dates for the 35th Session of the Legal Committee in light of procedural requirements and resources available.

35. Recalling that it had taken the Aviation Security Panel (AVSECP), the Committee on Unlawful Interference (UIC) and the Council a long time to reach agreement on the definition of the term “in-flight security officer” (IFSO) set forth in Annex 17 – Security, the Representative of Mexico voiced concern that Option 1 of Article IV of the draft Protocol, which proposed an amendment to Article 6 of the Tokyo Convention, described the functions of an IFSO in a completely different manner that was more in line with those of an air marshal. He questioned whether the Legal Committee should be given the mandate to reopen the issue. The Acting Director of the Legal Affairs and External Relations Bureau (A/D/LEB) underscored that the issue had been examined in-depth by the Legal Sub-Committee. In summarizing the discussion, the Chairperson had indicated that “while a consensus appeared to have emerged about the inclusion of IFSOs in square brackets, there was a desire to review the draft text proposed and in particular to align it with Annex 17.”. Accordingly, the Legal Sub-Committee had decided to include two sets of optional texts in draft Articles IV and V. 36. In providing background information, the Representative of Argentina recalled that the Secretariat Study Group on Unruly Passengers, reactivated in May 2011, had demonstrated that there was a real concern in the international community regarding the steady increase in incidents of unruly passenger behaviour on board aircraft. It had proposed that the Tokyo Convention be reviewed and the feasibility of its amendment be examined. After considering the report on the results of the Secretariat Study Group’s work (C-WP/13768; 194/5), the Council had decided to establish the Special Sub-Committee of the Legal Committee, which now suggested that the Legal Committee be convened to further review the Tokyo Convention with particular reference to the issue of unruly passengers. Noting that 14 September 2013 would mark the fiftieth anniversary of the signing of the Tokyo Convention, the Representative of Argentina indicated that it was not surprising that it had not kept pace with changing needs. Hence the consensus of the Special Sub-Committee that it be modernized. Emphasizing that ICAO was the only Organization that had the capacity to adopt the international instruments necessary to address the various problems facing international civil aviation, he stressed the need for ICAO to demonstrate that it continued to be a dynamic Organization by taking the important work done on the issue of unruly passengers to the next level, that of the Legal Committee.

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37. Noting that their States were Members of the Special Sub-Committee, the Representatives of Japan and Australia endorsed its recommendation that any amendment of the Tokyo Convention be effected through a supplementary Protocol instead of through a new and stand-alone convention. While many important issues remained to be further discussed, they were confident that they would be resolved by the Legal Committee. 38. Responding to a question raised by the Representative of Japan, A/D/LEB clarified that six of the eight working days of the meeting would be devoted to the issue of unruly passengers. The remaining two days would be devoted to the mandatory functions of reviewing the General Work Programme of the Legal Committee, including the item “Safety aspects of economic liberalization and Article 83 bis”, whose priority had recently been raised by the Council from six to three (C-WP/13886; 197/3), electing the Chairman and Vice-Chairmen of the Legal Committee, as well as reviewing draft Report material. Two separate papers on the items of unruly passengers and safety aspects of economic liberalization and Article 83 bis, as well as a general paper on the other items on the General Work Programme of the Legal Committee, would be presented by the Secretariat. To a further query by the Representative of Spain, A/D/LEB noted that currently the non-Member States of ICAO were: Dominica, the Holy See, Liechtenstein and Tuvalu (cf. President’s memorandum PRES RK/2027 dated 2 December 2011).

39. The Representative of Malaysia was pleased to note that inconsistencies in the interpretation of the expression “aircraft in flight” that he had previously highlighted were resolved in Article II of the draft Protocol amending Article 1, paragraph 3, of the Tokyo Convention. In also expressing satisfaction that the draft Protocol did not provide uniform rules to define punishable unruly behaviour on board aircraft, he underscored that any list of offences would be subject to legal interpretation. Moreover, the Sub-Committee had concluded that it would be very difficult, if not impossible, to agree on an exhaustive list of offences. The Representative of Malaysia enquired why two types of acts were proposed for inclusion in the draft Protocol, in square brackets, namely, the act of assault against a crew member and the act of refusal to follow a lawful instruction given by or on behalf of the aircraft commander. Referring to Article II of the draft Protocol, replacing Article 1, paragraph 3, of the Tokyo Convention, he expressed concern over the definition of an IFSO (“a [government employee]/[person] who is specially trained …”). The Representative of Malaysia suggested that the words “[government employee]” be deleted as they were not interchangeable with the word “person”. While a “government employee” was a substantive person, the converse was not true. He nevertheless endorsed the action proposed in the paper.

40. In noting that the draft Protocol had been submitted for consideration and was not the definitive text, the Representative of France indicated that there were a number of issues relating to the prerogatives of IFSOs that needed to be discussed by the Legal Committee.

41. The Representative of Colombia recalled that the issue of the modernization of the Tokyo Convention had been highlighted at the High-level Conference on Aviation Security (HLCAS) (Montréal, 12 to 14 September 2012). Indicating that he had expected the Special Sub-Committee to propose a list of offences, he enquired whether one would be developed by the Legal Committee once there was a clearer view of how to update the Tokyo Convention. Noting that his State had experience with IFSOs on board aircraft, the Representative of Colombia underscored that while it agreed that IFSOs should be deployed, it was opposed to them being armed.

42. The Representative of Singapore wished to place on record his appreciation to the Special Sub-Committee for focusing the attention of the Legal Committee on three main legal issues relating to unruly passengers: expanded basis of jurisdiction, a list of offences and the status of IFSOs. To a question raised by the Representative, A/D/LEB noted that the issue of recourse by airlines against unruly

C-MIN 198/2 (Open) - 36 -

passengers was addressed in: paragraph 2.5 of C-WP/13931; Article VII of the Draft Protocol, which added a new Article 18 bis to the Tokyo Convention; and paragraphs 7.7 and 8.6 of the Special Sub-Committee’s Report. 43. Responding to an additional query by the Representative of Burkina Faso, A/D/LEB clarified that the Tokyo Convention already accorded a degree of immunity to passengers for their actions, under certain conditions. He recalled that, under Article 6, the aircraft commander may require or authorize the assistance of crew members, and may request or authorize, but not require, the assistance of passengers, to restrain any person who had committed or was about to commit an offence or act contemplated by the Convention. In situations of imminent danger to the safety of the aircraft or of persons or property therein, passengers could, on their own initiative, also take reasonable preventive measures. Article 10 provided immunity to, inter alia, the aircraft commander, any other member of the crew, and passengers for actions taken in accordance with the Convention.

44. During the discussion of the Provisional Agenda for the proposed Legal Committee set forth in Appendix B to the paper, a suggestion was made by the Representative of Argentina that the title of Item 2 (Acts or offences of concern to the international aviation community and not covered by existing air law instruments) be changed to read along the lines of “Continuation of work to modernize the Tokyo Convention”. It was also suggested by the Representative of Australia that the Legal Committee consider how the various aviation security-related international air law instruments adopted under the auspices of ICAO had evolved and determine whether overlap between them was appropriate and, in the affirmative, how best to address any overlap. These suggestions were noted for further consideration, as was a suggestion by the Representative of Belgium that thought be given to amending Rule 10 d) of the Rules of Procedure of the Legal Committee (Doc 7669), which specified the time frame for the issuance of a Provisional Agenda. Averring that it was unreasonable to require a Provisional Agenda to be distributed at least four months before the session of a Legal Committee, especially when the latter adopted the Final Agenda at its first meeting, the Representative of Belgium underscored that the modification of Rule 10 d) would avoid the situation where special sessions were convened primarily to benefit from the shorter time frame for the issuance of a Provisional Agenda under Rule 10 e).

45. The Council agreed to a suggestion by the Representative of South Africa to include the African Union (AU) in the list of international organizations to be invited to participate, as observers, in the proposed Legal Committee contained in Appendix C. 46. In then taking the action proposed in the executive summary of C-WP/13931, the Council:

a) approved the convening of the 35th Session of the Legal Committee at ICAO

Headquarters in Montréal for eight working days, from 6 to 15 May 2013, to be held as a special session;

b) approved the Provisional Agenda for the 35th (Special) Session of the Legal Committee as set out in Appendix B to the paper; and

c) agreed that an invitation to attend the 35th (Special) Session of the Legal Committee as

observers be extended to all ICAO non-Member States, as well as to the international organizations listed in Appendix C to the paper, as amended in paragraph 9 above.

47. The Council went into closed session at 1140 hours to discuss the next item on the order of business and returned to open session at 1200 hours to consider the remaining items.

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Subject No. 24.2: Assembly Agenda and documentation Subject No. 33: Character and working methods of representative bodies in ICAO

Informal update on an electronic voting system to be used at the 38th Session of the Assembly

48. The Secretariat provided further information on, and a demonstration of, an electronic voting system for the election of the Council during the upcoming 38th Session of the Assembly. A request by the Representative of Cuba for information regarding its cost was noted. It was agreed that another demonstration would be given at a future meeting. Any other business Council working papers presented for information 49. As the President of the Council did not receive any requests to have the following information papers tabled for consideration, it is considered that the Council has noted the information provided therein:

C-WP/13974 — Financial situation of the Organization — circulated under cover of PRES RK/2144 dated 1 February 2013 with a deadline of 15 February 2013 for comments

C-WP/13975 — Report of the JIU entitled “Accountability Frameworks in the United Nations System (JIU/REP/2011/5)” — circulated under cover of PRES RK/2141 dated 1 February 2013 with a deadline of 15 February 2013 for comments

C-WP/13976 — Report of the JIU entitled “The Management of Sick Leave in the

United Nations System” (JIU/REP/2012/2) — circulated under cover of PRES RK/2141 dated 1 February 2013 with a deadline of 15 February 2013 for comments.

Subject No. 32.1: Headquarters premises

Proposed new Supplementary Agreement between ICAO and the Government of Canada regarding the Headquarters of ICAO

50. The Secretary General informed the Council that the negotiations with the Government of Canada for a new Supplementary Agreement regarding the Headquarters of ICAO had reached a successful conclusion the previous afternoon, 19 February 2013. The text of the proposed new Supplementary Agreement would be circulated to Representatives for comments, by 28 February 2013, in order to facilitate the Council’s consideration of related C-WP/13904 later in the current session. - - - - - - - - - -

C-MIN 198/2 (Open) - 38 -

Free access to public parking at Montréal’s Pierre Elliott Trudeau International Airport 51. The Council was informed that discussions with representatives of Aéroports de Montréal (ADM) regarding complimentary parking for the ICAO diplomatic community at Montréal’s Pierre Elliott Trudeau International Airport had been completed and that the text describing how to use the complimentary parking was being finalized. It was confirmed that complimentary parking would be maintained for the ICAO diplomatic community. 52. The meeting adjourned at 1240 hours.

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SUMMARY MINUTES OF THE SECOND MEETING


CLOSED MEETING



PRESENT:




— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth

ALSO PRESENT: SECRETARIAT: Mr. M. da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. J.L. Viera (Alt.) Mr. M. Delisle (Alt.) Mr. P. Pape (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. P.O. Alawani (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. K. Ferjan (Alt.) Mr. R.A. Al Kaabi (Alt.) Mr. D. Behrens (Alt.)

― Brazil ― Brazil ― Brazil — Canada ― France ― Japan ― Mexico ― Nigeria ― Republic of Korea ― Republic of Korea ― Slovenia ― United Arab Emirates ― United States

Mr. D. Azema Mr. B. Djibo Mr. J. Marriott Mr. S. Berti Mr. D. Tiedge Mr. J. Thaker Mr. W. Parks III Mr. M. Siciliano Mr. A. Djojonegoro Mrs. C. Dermarkar Mr. E. Slavenas Miss S. Black

— DC/OSG — D/ATB ― C/AVSEC ― C/SFP ― C/ISD-SEC ― SFP ― ISD-SEC ― SFP ― SFP ― SFP ― Consultant/SFP ― Précis-writer

C-MIN 198/2 (Closed) - 40 -


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Subject No. 52: Unlawful interference with international civil aviation and its facilities

Acts of unlawful interference in 2012 1. The Council considered this subject on the basis of an oral report by the Secretary General, presented pursuant to its earlier request (192/4) for an oral report each year on incidents listed in the Acts of Unlawful Interference (AUI) database and whenever necessary in the event of an urgent situation. 2. The Secretary General noted that the Secretariat had recorded ten acts of unlawful interference in 2012. These included three attempted sabotages, one unlawful seizure of an aircraft, two failed attempts to seize aircraft in-flight, two attacks on civil aviation facilities, and two other acts, including a suicide bombing on a landside bus at a civil airport. Seven of the acts had been officially reported by the States concerned. Efforts had been made to obtain the remaining reports and validate the information on the incidents not officially reported. In the Secretariat’s assessment, none of the incidents recorded in 2012 had been urgent situations necessitating immediate reporting to the Council. 3. The most lethal incident in 2012 had occurred at an airport in Bulgaria, when a suicide bombing attack on a bus located on the landside area of the airport had killed seven people (including the bomber), and injured thirty-two. 4. Among the attempted sabotages, an improvised explosive device had been found in the lavatory of an aircraft in Egypt following a flight from Libya; explosives experts had defused the device at a remote location after the aircraft had been evacuated. Another incident had involved a passenger who had acted erratically and threatened to crash the aircraft as he made his way towards the flight deck door on a flight to Colombia; the passenger had been arrested upon landing. In the third incident, an employee of a South American airline had been granted access to the cockpit after pretending to be a pilot; during the flight he had become unruly and had been forcibly removed from the cockpit before being subdued by cabin crew and passengers. 5. Among the events categorized as attempted seizures, one had included a would-be hijacker armed with a knife who had been taken into custody after trying to breach the cockpit of a Sudanese airliner. In the second incident, a group of six men had been overpowered by passengers, cabin crew and two in-flight security officers on a Chinese domestic flight after they had tried to break into the flight deck. 6. At an airport in the United States, an airline pilot placed on administrative leave by his employer had stolen a Bombardier CRJ200 after scaling a perimeter fence and had taxied into a parking lot where the aircraft had collided with cars. 7. A group of armed men wearing suicide vests had fired rockets at the air force base located on the premises of an international airport in Pakistan, after breaching the perimeter of the airport by exploding a car bomb. While no civil aircraft or aviation facilities had been damaged by the attack, passengers had been moved to safety and flight operations had been suspended. 8. In another facility attack, an armed robbery had been perpetrated by five men at an airport in France, where they had entered a cargo aircraft that was being unloaded and had searched for valuables while holding the crew at gunpoint.

C-MIN 198/2 (Closed) - 42 -

9. Finally, a concealed knife had been found under the insole of a passenger’s shoe at an airport security checkpoint in Estonia. The knife had been discovered during a routine check after the walk-through metal detector had given an alarm. 10. The Secretary General underscored that, although the number of acts recorded in 2012 was higher than in 2011, the types of threats remained within the scope addressed by the Global Risk Context Statement (RCS). The RCS, which had been endorsed by the High-level Conference on Aviation Security in September 2012, was being updated according to the latest information, including the incidents recorded by the Secretariat. 11. The Secretary General noted that, in an effort to be proactive in addressing and mitigating risks, the Secretariat regularly coordinated with the Aviation Security Panel (AVSECP) Working Group on Threat and Risk to assess the characteristics of the reported incidents and to determine appropriate action. As this process had confirmed that ground-based airport infrastructure and public areas of airports remained viable targets for terrorists, the Secretariat was developing guidance material on landside security. 12. The Secretariat continued to record other occurrences in order to stay informed of ways and means by which civil aviation security was at risk and to identify potential trends. While not considered to be acts of unlawful interference, this information was posted on the AUI database under a separate list accessible to Member States. In addition, the Working Group on Threat and Risk was of the view that States should report not only acts of unlawful interference to the Secretariat but also other types of occurrences as well, in order to facilitate trend analysis. The Working Group was expected to reinforce this view at the next meeting of the AVSECP. 13. The Secretary General reminded the Council that the record of acts of unlawful interference and other occurrences was an important but only partial indicator of the threat environment facing civil aviation. ICAO was not in a position to collect, receive or assess classified security intelligence or information protected by administrative or judicial process. The Members and Observers of the AVSECP, however, through their offices had awareness of this broader set of information relevant to the development of security measures and took that into account in their recommendations to the Council and the Secretariat. 14. While expressing appreciation for the oral report, the Representative of Belgium indicated that it would be useful, in future, to have a clearer picture of the trends and priorities. Referring to the above-mentioned armed robbery at an airport in France, he noted that a similar incident had occurred at Brussels Airport on 18 February 2013. Underscoring that aviation was used to transport valuable cargo which could be an easy target for organized crime, the Representative of Belgium enquired whether there was an upward trend in such incidents and whether the AVSECP was according sufficient attention to that type of threat. He emphasized that while it posed quite a different risk from terrorism, it nevertheless remained a threat to aviation and impacted the development of air transport. 15. The Secretary General noted that the trends in 2012 were familiar ones. He further indicated that a number of AVSECP sub-groups were addressing the incidents that had occurred in that year to analyze the trends and that the Panel’s report thereon would be submitted to the Council through the Committee on Unlawful Interference (UIC) in due course. Pending a report by the Belgian authorities, he would not make a pronouncement regarding the incident that had occurred two days earlier at Brussels Airport, in which thieves in two vehicles had forced their way through the airport’s perimeter fence and unloaded some USD 50 million in diamonds – a significant amount – from a passenger plane preparing to depart. Given that hundreds of millions worth of diamonds were transported from Brussels Airport yearly,

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and that the robbery was the fourth such incident at that airport, following three earlier ones in the mid-1990s, the Belgian authorities were doing their utmost to solve the case. 16. The Representative of France observed that a number of incidents referred to in the oral report had not been the result of weaknesses in current aviation security measures. Citing, in this context, the armed robbery at an airport in France, he noted that there had been other such incidents in the past which were considered as attacks by gangsters and not failures in the security system. Another example was the above-mentioned theft of a Bombardier CRJ200 by a disgruntled airline pilot. The latter had not gone through airport screening procedures using false papers; rather, he had scaled a perimeter fence. Observing that, at any given time, there were many pilots in airports and numerous people in airports’ restricted areas, the Representative of France underscored that if they were determined to commit a crime, they would. He emphasized that while some of the incidents cited in the oral report had revealed weaknesses in aviation security measures, aviation authorities should not overreact and regulate everything, turning airports into high-security fortresses simply to keep gangsters from penetrating them. There was a limit to the preventive actions that could be taken, some types of attacks being beyond the control of aviation authorities. It was necessary to be vigilant and realistic. The Representative of France affirmed that the results for 2012 were satisfactory and that aviation security measures worldwide were working well.

17. The Representative of Spain observed that whereas there were certain infrastructures that were directly related to air transport, such as air navigation aids and aircraft, airports were often cities in and of themselves, some of whose activities had no such direct relation to air transport. Noting, from the oral report, that some of the acts of unlawful interference had elements that had no bearing or impact on air transport, he sought clarification. In further noting therefrom that ICAO was not in a position to collect, receive or assess classified security intelligence or information protected by administrative or judicial process, although Members and Observers of the AVSECP were, the Representative of Spain queried whether that suggested that it was necessary for the Secretariat to take further steps to have the capacity to access such classified information.

18. The Chief of the Aviation Security Branch (C/AVSEC) indicated that extensive investments in both training and infrastructure would be required in order to maintain the confidentiality of any such information that could be made available to ICAO, a practical and essential matter to consider. Secondly, it would be difficult for ICAO to receive intelligence from different States and organizations and maintain the objectivity that was initially intended therefor. Nonetheless, as a still serving member of the Canadian public service, though his loyalties were clearly to ICAO, C/AVSEC had retained a security clearance that allowed him to receive information that he used to inform judgements and decisions related to aviation security. He was not able to share that information because ICAO lacked the requisite storage capability and the staff with security clearances. It did, however, provide a window into intelligence information. Decisions that were made based on that information were decisions that were made on the basis of recommendations to the Council, including AVSECP recommendations. 19. The Representative of Canada was pleased that the trends observed in 2012 had fallen within the scope of the RCS, which demonstrated the latter’s robustness. 20. In concurring that the record of acts of unlawful interference was only a partial indicator of the threats facing civil aviation, the Representative of the United Kingdom underscored the importance of not going into each incident in too much depth and of instead considering the elements thereof that formed trends. He also agreed on the need to record other occurrences that were not strictly aviation security-related in order to keep current regarding potential risks and trends. While some incidents were not terrorist attacks but acts of organized crime, as indicated by the Representatives of Belgium and France,

C-MIN 198/2 (Closed) - 44 -

terrorists sought to exploit the same vulnerabilities as gangsters. It was therefore important to be aware of any such weaknesses. While concurring that the commission of a crime at an airport did not necessarily mean that drastic aviation security measures had to be implemented, the Representative of the United Kingdom stressed the need to know how the criminal act had been carried out to determine if terrorists could exploit the same vulnerability and do something much worse, which would be a problem of aviation security. He shared the view of the Working Group on Threat and Risk that States should report not only on acts of unlawful interference but also on other types of occurrences in order to facilitate trend analysis. 21. The Council then noted the above oral report on acts of unlawful interference that had occurred in 2012. For further detailed information thereon, Representatives were invited to consult the AUI database, which featured enhanced search functions, including graphical representations of the search results. 22. The Council returned to open session at 1200 hours to consider the remaining items on the order of business.

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SUMMARY MINUTES OF THE THIRD MEETING

(THE COUNCIL CHAMBER, FRIDAY, 22 FEBRUARY 2013, AT 1000 HOURS)

CLOSED MEETING

President of the Council: *Mr. Roberto Kobeh González First Vice-President of the Council: *Mr. D. Méndez Mayora (Mexico)

Secretary: *Mr. Raymond Benjamin, Secretary General Acting Secretary: *Dr. Fang Liu, Director, Bureau of Administration and Services

PRESENT:


— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. J.L. Vieira (Alt.) — Mr. M. Dieguimde — Mr. E. Zoa Etundi — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. K.L. Larsen — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría — Mr. P.N. Sukul — Mr. E. Padula

Japan Malaysia Morocco Nigeria Paraguay Peru Republic of Korea Russian Federation Saudi Arabia Singapore Slovenia South Africa Spain Swaziland United Arab EmiratesUnited Kingdom United States

— Mr. T. Koda — Mr. Y.-H. Lim — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng ― Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth


Mr. M. da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. M. Delisle (Alt.) Mr. P. Pape (Alt.) Mr. A. Bardaro (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. P.O. Alawani (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. A. Almoghraby (Alt.) Mr. K. Ferjan (Alt.) Mr. J. Herrero (Alt.) Mr. J. L. Novak (Alt.)

― Brazil ― Brazil — Canada ― France ― Italy ― Japan ― Mexico ― Nigeria ― Republic of Korea ― Republic of Korea ― Saudi Arabia ― Slovenia ― Spain ― United States

Mr. D. Azema *Ms. N. Graham *Mr. I. Galan *Mr. B. Djibo *Mr. R. Bhalla *Mr. L. Cherif *Mr. J. Augustin *Mr. J. Marriott *Mr. J. Weich *Mr. A. Quiroz *Mr. S. Berti *Mrs. L.Comeau-Stuart *Mrs. K. Balram *Mrs. D. Rahmani *Mr. D. Wilkinson *Mr. M. Leitgab *Mrs. J. Blumenkron *Mr. A. Larcos Miss S. Black

— DC/OSG ― D/ANB ― D/TCB ― D/ATB — C/FIN ― C/LPB — A/D/LEB ― C/AVSEC ― DD/HR-ADB — C/ASA — C/SFP — C/POD — C/SEA ― DMO — ASA — ADADB — TO/SMM — ACS ― Précis-writer

*Part-time

C-MIN 198/3 (Closed) - 46 -


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Subject No. 7.4: Conditions of service

Representation allowances of the President of the Council and the Secretary General and review of the net base salaries of the

President of the Council and the Secretary General 1. The Council resumed (198/1) and completed its consideration of this subject, documented in C-WP/13922 Restricted (with Blue rider) presented by the Director of the Bureau of Administration and Services (D/ADB), and an oral report thereon by the Finance Committee (FIC).

2. The presiding First Vice-President of the Council (Mexico) recalled that during the Council’s initial discussion of the paper, a majority of Representatives had spoken in favour of maintaining the status quo with respect to the salaries of the President of the Council and the Secretary General and the amounts and methodology of payment of their respective representation allowances (cf. paragraphs 3.3 and 4.2). Other Representatives had voiced preference for a more in-depth review of both the salaries and representation allowances as recommended by the FIC.

3. Drawing attention to C-WP/12206 Restricted on representation allowances of the President of the Council and Secretary General, the Representative of Japan noted, from Appendix C (Annual representation allowances of senior officials of UN common system organizations) that on 1 January 2004 the representation allowance of the President of the Council had been USD 22 000, which had been below that of the United Nations (UN) Secretary-General, USD 25 000. The situation was now reversed: the representation allowance of the President of the Council had increased by 20 per cent to USD 26 354, whereas the representation allowance of the UN Secretary-General had remained the same. This change in the President’s representation allowance was apparently the result of an automatic revision by the ICAO Secretariat when the adjusted Montréal cost-of-living index had moved by 10 per cent or more for at least three months since the first month of the triennium. The Representative of Japan suggested that if, as recommended by the FIC, the Council decided to review both the amount of the representation allowances of the President of the Council and the Secretary General and the manner in which they were currently paid, then a good starting point would be a study of the corresponding UN methodology. 4. The Director of the Bureau of Administration and Services (D/ADB) clarified that the representation allowances of the President of the Council and the Secretary General covered activities and obligations associated with their respective functions and were, in general, modest in comparison to the representation allowances set by the governing bodies of other UN organizations for their high-level officials.

5. The Representative of Colombia underscored that the importance of ICAO’s work necessitated greater interaction by the President of the Council with the international community and therefore a higher representation allowance than that of high-level officials at other UN organizations. 6. The Representative of Germany indicated that he could accept maintaining the status quo with respect to the salaries and representation allowances of the President of the Council and the Secretary General in the full knowledge that it did not necessarily mean that they would remain unchanged in the future. He noted, in this regard, ongoing discussions in the United Nations General Assembly (UNGA) regarding the net base/floor salaries of the Under-Secretaries-General to which the salaries of the President of the Council and the Secretary General were linked. The Representative of Spain emphasized the need for ICAO to put itself in this broader UN context.

C-MIN 198/3 (Closed) - 48 -

7. In taking the action indicated in the executive summary of C-WP/13922 Restricted, as amended by the First Vice-President of the Council in light of the discussions, the Council:

a) confirmed its previous decision (193/2) relating to the rules for determining the

salaries of the President of the Council and the Secretary General, whereby the Council would revisit the said rules only if a change thereto were proposed;

b) as recommended by the FIC, agreed to maintain the salaries of the President of the Council and the Secretary General at the current levels until the UNGA takes a decision (expected in March 2013) on the recommendation of the International Civil Service Commission (ICSC) regarding the net base/floor salaries of the Under-Secretaries-General;

c) approved the amounts of the representation allowances of the President of the Council and the Secretary General as presented in paragraph 4.2 of C-WP/13922 Restricted, taking into account that the methodology for the payment of those allowances, i.e. on a monthly basis as part of the salary, was consistent with the practices of other international organizations in the UN common system and that the representation allowances were intended to cover activities and obligations associated with the President’s and Secretary General’s respective functions;

d) agreed that, in future, it would revisit the amounts of the representation allowances of

the President of the Council and the Secretary General only if a change thereto were proposed; and

e) requested that, on a triennial basis, an information paper on the status of the salaries

and representation allowances of the President of the Council and the Secretary General be prepared by D/ADB and circulated to Representatives under cover of a President’s memorandum, on the understanding that it would be tabled for discussion by the Council if so requested by any Representative.

8. Further to a point raised by the Representative of Spain regarding sub-paragraph e) above, the First Vice-President of the Council clarified that, in the event of a request to table the envisaged information paper for discussion, it would first be considered by the FIC, which would report thereon to the Council.

Subject No. 14.5: Safety oversight Subject No. 52.1: Universal Security Audit Programme

Progress report of the Monitoring and Assistance Review Board (MARB) 9. The Council had for consideration information paper C-WP/13930 Restricted, in which the Secretary General reported, in a new template format, on the activities of the MARB since its fourth meeting on 7 September 2012. It was understood that, further to an editorial point raised by the Representative of Egypt, the Arabic version of the Appendix to the paper would be aligned with the English version. 10. In providing supplementary information, the Secretary General indicated that ICAO Coordinated Validation Missions (ICVMs) continued to be deployed to validate that the corrective actions

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taken by States effectively addressed the Universal Safety Oversight Audit Programme (USOAP) findings and recommendations. Relevant ICAO Plans of Action were also being updated to reflect the aviation safety targets adopted by the Ministerial Conference on Aviation Safety in Africa held in Abuja, Nigeria, in July 2012, while focusing on the prompt resolution of Significant Safety Concerns (SSCs) as a top priority. 11. It was to be noted that an increase of SSCs identified by USOAP ICVMs may be foreseen within the next couple of years. This situation did not, however, imply any worsening of the aviation safety situation, but rather the formal validation of existing safety concerns since certain States scheduled for an ICVM had been audited prior to the implementation of the SSC mechanism in 2007. The identification of these deficiencies would allow States to prioritize their activities through the development of corrective action plans and would also allow ICAO to provide tailored assistance through ICAO Plans of Action.

12. The Secretary General noted that the Board had also decided to take action to engage or re-engage, at the Ministerial level, States referred to the MARB in an attempt to urge them to resolve their reasons for referral as a matter of highest priority. This decision was based on the Secretariat’s evaluation that political-level intervention was needed in certain States where technical avenues had been exhausted.

13. Recalling that Costa Rica had been referred to the MARB`s predecessor, the Audit Results Review Board (ARRB), in 2011 due to the identification of Significant Security Concerns (SSeCs), the Secretary General indicated that those concerns had been resolved in December 2011 through the implementation of mitigating measures, resulting in the removal of the SSeCs from the Universal Security Audit Programme (USAP) secure site. He was pleased to inform the Council that the final physical security measures necessary to ensure a permanent solution to the SSeCs had now been implemented. The Secretary General commended Costa Rica for this achievement.

14. In relation to the coordination of monitoring activities with ICAO partners, the Secretary General noted that on 1 October 2012 he had sent a letter to the European Commission encouraging the recognition of improvements made by certain Member States to their safety oversight systems, including the resolution of SSCs. He had the pleasure of informing the Council that the European Commission had recognized Mauritania’s exceptional progress, which had been validated by the USOAP, and had subsequently decided to remove that State and its certified air operators from the European safety list of air carriers which were subject to an operating ban or operational restrictions within the European Union (EU). The MARB had decided that the Secretariat should continue communicating with all relevant partners regarding the status of SSCs and the efforts made by States referred to the MARB in resolving their safety deficiencies. The Secretary General was in close contact with officials at the highest level in the European Commission in that regard. 15. Considering the essential nature of the involvement of the Regional Offices in the work of the Board, the Secretary General was pleased to inform the Council that the next MARB meeting had been planned in conjunction with the upcoming Sixth Worldwide Air Transport Conference (ATConf/6) and the meeting of the Full Senior Management Group. This would allow the ICAO Regional Directors to participate in person in the MARB meeting and provide direct input in the coordination of safety and security monitoring and assistance activities and in addressing identified deficiencies. 16. During the ensuing discussion, the Representatives of Spain, the United Kingdom, Slovenia, Nigeria, France and Mexico commended the new template format which enabled the MARB to report on new referrals, the removal of referred States from the Board’s list and the general situation of referred States. In underscoring that it provided a much clearer picture, the Representative of Spain expressed satisfaction that the elimination of SSCs and SSeCs was being quickly notified to the

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international community given the significant economic and social impacts. The Representative of the United Kingdom noted that by differentiating between SSCs and SSeCs and indicating the level of progress in rectifying those deficiencies the new template format provided information that facilitated the coordination of assistance. He would highlight it to his national administration in its efforts to coordinate assistance with ICAO and other States. 17. The Representative of Slovenia suggested that future reports provide a more holistic view of monitoring and assistance activities so that it would be possible to determine trends and identify those regions where such activities were working well and those where more resources should be allocated. 18. In noting this suggestion, the Secretary General indicated that he would provide such information in his next report on MARB activities. Responding to questions raised by the Representative of Spain, he emphasized that the ICAO Regional Offices played an essential role in the MARB’s deliberations. Even though ICAO Regional Directors were not usually present at the Board’s meetings, for obvious reasons, they received all of the relevant documentation and provided input to the MARB’s discussions. There was very close coordination between the Regional Offices and the Air Navigation Bureau (ANB), as well as with the Aviation Security Branch (AVSEC) of the Air Transport Bureau (ATB). The Secretary General recalled, in this regard, that Flight Safety Officers and Aviation Security Officers were deployed in each Regional Office to deal with safety-related and security-related matters, respectively.

19. The Secretary General noted that, in addition to those States referred to the MARB, many other States continued to receive assistance to rectify their safety and security deficiencies. The Regional Offices’ involvement in such cases was absolutely essential. In indicating that there were cost considerations, the Secretary General emphasized that it was substantially less expensive to deploy Regional Officers to the various States and regions than experts from ICAO Headquarters. The Organization thus favoured an approach whereby the Regional Offices were on the front line.

20. In indicating that he and the President of the Council addressed letters to the political leaders of those States that were not demonstrating progress at the technical level, the Secretary General recalled that letters that had been sent two years ago had yielded very positive results. He underscored that such letters were transmitted to the Ministers concerned by the relevant ICAO Regional Director, who was tasked with ensuring that there was due follow-up. Thus the Regional Offices also played a fundamental role in such cases. 21. In providing further clarifications, the Director of the Technical Co-operation Bureau (D/TCB) observed that a number of technical cooperation projects were being implemented in the States listed in the Appendix to C-WP/13930 Restricted. He cited, in this context: a recently-completed safety-related project in Angola; an ongoing security-related project in the Republic of Congo; an ongoing security-related project in Haiti being implemented in conjunction with ATB using voluntary contributions; and a safety-related project launched in Kazakhstan in January 2013. Recalling that a safety-related project had just been completed last year in the Philippines, D/TCB indicated that it was hoped that that State would accept a new project document for its SSC.

22. The Representative of Nigeria noted that, in his capacity as Chairperson of the AFI Comprehensive Implementation Plan for Aviation Safety in Africa (AFI Plan) Steering Committee, his focus had been mostly on the African region. He recalled developments following the meeting between the African Civil Aviation Commission (AFCAC) and ICAO to review the safety situation in that region and the identification of priorities, which had included the elimination of SSCs and improvement in the lack of effective implementation of the critical elements of a safety oversight system. As a result of the said letters

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by the Secretary General and the President of the Council, the activities of ANB and the Regional Offices with respect to targeted action plans, the AFI Cooperative Inspectorate Scheme (AFI CIS) and AFI Plan activities, there had been a significant improvement in African States’ safety situation, to the extent that the number of such States with SSCs had been reduced to ten. 23. While noting with satisfaction the number of States listed in the Appendix to the paper that were making very good or good progress, the Representative of Nigeria stressed the importance of maintaining the momentum, continuing the work already being undertaken and intensifying efforts. He underscored that now was not the time to rest on past achievements but to continue to apply pressure in order to attain better results. As had been indicated by the Director of ANB (D/ANB) and the Regional Offices, all of the efforts of the Cooperative Development of Operational Safety and Continuing Airworthiness Projects (COSCAPs) and the Regional Safety Oversight Organizations (RSOOs) should be concentrated on the elimination of SSCs as corrective action plans continued to be implemented. Affirming that the ICVM plan would achieve significant results, the Representative of Nigeria looked forward to the informal briefing of the Council on 15 March 2013 on the progress of the AFI Plan and its evolution for the next triennium.

24. Referring to the Appendix to the paper, the Representative of France underscored that the date of referral of 14 December 2011 indicated for many States was actually the date of the Board’s establishment. Unfortunately, the deficiencies of some of those States had arisen well before that date, which was worrying. He observed that the said letters by the Secretary General and the President of the Council sometimes did not have the desired effect and served only to inform the authorities concerned of their State’s safety situation. In enquiring as to the action being taken in the case of the four States referred to the MARB which for years had only made minimal progress in rectifying their deficiencies, the Representative of France stressed that it was necessary to do more than send additional letters. He favoured having the Council consider the situation of those States in greater detail. In noting that Haiti had been referred to the MARB due to the identification of SSCs, despite the assistance provided by a number of States, he enquired whether it had been the result of current economic conditions or a systemic problem. While agreeing that the MARB process was excellent and that it should be continued, the Representative of France emphasized the importance of asking questions when ICAO’s actions did not yield the desired results. Citing the case of Djibouti, he expressed doubt that the situation in that State would improve simply by being monitored year after year by the MARB. 25. Concurring that the situation in some States did not improve significantly despite all efforts and offers of assistance, the Secretary General indicated that he could describe in a confidential paper all the efforts made and the resources deployed in such cases but was unsure of its usefulness to the Council. He underscored that although the Council had the means to take action regarding such States that were, at best, making minimal progress, he was not very optimistic that those States had the political will to make the necessary efforts to remedy their situation.

26. Voicing agreement, the President of the Council noted that every year he was requested by D/ANB to visit some States that had SSCs or were otherwise not doing well in rectifying their deficiencies. In such missions and in his other contacts with such States, he encouraged the authorities concerned to take the requisite action to remedy their deficiencies and offered ICAO’s support. While in most cases there was a positive response, in a few cases there was not. Recalling that the Secretariat had previously raised the same point as the Representative of France but had not received an answer, the President indicated that it would be for the Council to decide on the best way to proceed in those cases where only minimal progress was being made.

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27. In endorsing the comments made by the Representative of France, the Representative of Mexico suggested that the Council revisit the procedure for dealing with States with SSCs (195/6) and adjust it, as necessary, in order to better address the case where States were making minimal progress in rectifying their deficiencies despite all assistance efforts. This suggestion was noted. 28. The Council then noted C-WP/13930 Restricted and the updated information provided orally by the Secretary General.

29. The Council reconvened in open session at 1100 hours to consider the remaining items on the order of business.

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SUMMARY MINUTES OF THE THIRD MEETING

(THE COUNCIL CHAMBER, FRIDAY, 22 FEBRUARY 2013, AT 1100 HOURS)

OPEN MEETING



PRESENT:


— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. J.L. Vieira (Alt.) — Mr. M. Dieguimde — Mr. E. Zoa Etundi — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. K.L. Larsen — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría — Mr. P.N. Sukul — Mr. E. Padula

Japan Malaysia Mexico Morocco Nigeria Paraguay Peru Republic of Korea Russian Federation Saudi Arabia Singapore Slovenia South Africa Spain Swaziland United Arab EmiratesUnited Kingdom United States

— Mr. T. Koda — Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng ― Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth


*Mr. C. Schleifer-Heingärtner Mr. M. da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. M. Delisle (Alt.) Mr. P. Pape (Alt.) Mr. A. Bardaro (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. P.O. Alawani (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. A. Almoghraby (Alt.) Mr. K. Ferjan (Alt.) Mr. J. Herrero (Alt.)

― President, ANC ― Brazil ― Brazil — Canada ― France ― Italy ― Japan ― Mexico ― Nigeria ― Republic of Korea ― Republic of Korea ― Saudi Arabia ― Slovenia ― Spain

Mr. D. Azema *Ms. N. Graham *Dr. Fang Liu *Mr. B. Djibo *Mr. R. Bhalla *Mr. L. Cherif *Mr. J. Augustin *Mr. J. Marriott *Mr. J. Weich *Mr. S. Berti *Mrs. L.Comeau-Stuart *Mrs. K. Balram *Mrs. D. Rahmani *Mr. M. Leitgab Miss S. Black

— DC/OSG ― D/ANB ― D/ADB ― D/ATB — C/FIN ― C/LPB — A/D/LEB ― C/AVSEC ― DD/HR-ADB — C/SFP — C/POD — C/SEA ― DMO — ADADB ― Précis-writer

*Part-time

C-MIN 198/3 (Open) - 54 -


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Subject No. 15.4: Facilitation Subject No. 24.2: Assembly Agenda and documentation

Draft Assembly working paper – Proposal for a new Machine Readable Travel Documents (MRTD) Strategy [renamed Proposal for an ICAO Traveller Identification

Programme (ICAO TRIP) Strategy] 1. The Council had for consideration: C-WP/13926 Revised [with Blue rider (Russian only)] presented by the Secretary General, to which was attached a draft Assembly working paper setting forth a proposal for an ICAO Traveller Identification Programme (ICAO TRIP) Strategy; and an oral report thereon by the Air Transport Committee (ATC). The Committee had considered the original paper at its First Meeting of the current session on 25 January 2013 and requested that it be revised to, inter alia, provide a more detailed substantiation of the proposed strategy, link the proposal to “real world” outcomes, and strengthen the performance measures. While broadly supporting the revised paper, which it had reviewed during its Second Meeting on 19 February 2013, the ATC had recommended further amendments. 2. In the course of the ensuing discussion, the Representatives of the United States, Spain and India voiced support for the ATC’s proposed changes.

3. Responding to questions raised by the Representatives of Burkina Faso and India regarding paragraph 2.2 of the revised paper, the Chief of the Aviation Security Branch (C/AVSEC) clarified that the Technical Advisory Group on Machine Readable Travel Documents (TAG/MRTD) was continuously updating guidance material to make it stronger for the purposes of security and facilitation enhancement. Consequently, no deadline was specified in the paragraph for the establishment of guidance material.

4. C/AVSEC further indicated that the Universal Security Audit Programme (USAP), as it currently functioned and as it would function in the future under a continuous monitoring approach (CMA), encompassed the security-related Standards of Annex 9 – Facilitation, including the MRTD Standards. Thus States that were not in compliance with those Standards could therefore be subject to the same kind of Significant Security Concern (SSeC) process as was now available and being implemented for Annex 17 – Security Standards. The issue of monitoring compliance with MRTD Standards was far more complex than that, however, as ICAO USAP auditors were not document integrity verifiers — that required a very special skill set and equipment that was resident in various laboratories around the world. C/AVSEC noted that the TAG/MRTD was developing a proposal that would involve partnerships between the Secretariat and States to enable compliance with Doc 9303 (Machine Readable Travel Documents) to be verified to a scientific level so that they would be in a position to fully understand the strength of travel documents in their compliance with international Standards and specifications. 5. In then taking the action indicated in the executive summary of C-WP/13926 Revised, the Council:

a) approved the proposed ICAO TRIP Strategy; and

b) taking into account the amendments recommended by the ATC and the comments

made during the discussion, approved the draft Assembly working paper attached to C-WP/13926 Revised as documentation for the 38th Session of the Assembly, subject to the following changes: that the executive summary be amended by replacing the words “the maximum benefits of travel documents” with the words “significant enhancements in aviation security and facilitation”, as suggested by the ATC, and by

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expanding the action paragraph to invite the Assembly to recommend the participation of States in the Public Key Directory (PKD), as suggested by the Representative of Spain; and that paragraph 2.4 be amended to read “ICAO’s leadership and activities in travel documentation policy and operational matters have made a significant contribution to enhancing aviation security and facilitation …”, as suggested by the ATC.

6. In light of the above, the Council agreed to a further suggestion by the Representative of Spain that the action paragraph of the Assembly working paper on developments pertaining to the Machine Readable Travel Documents (MRTD) Programme and the PKD approved earlier by the Council (C-WP/13925; 198/2) would be amended by deleting the phrase “and recommend the participation of States in the PKD” so that it would read “The Assembly is invited to note the developments and activities of the MRTD Programme.”. Subject No. 24.2: Assembly Agenda and documentation

Draft Assembly working paper – Amendment of Rule 63 of the Standing Rules of Procedure of the Assembly

7. Following a review of C-WP/13960 on this subject, presented by the Secretary General, the Council took the action indicated in the executive summary and:

a) agreed to recommend to the 38th Session of the Assembly that Rule 63 of the Standing Rules of Procedure of the Assembly (Doc 7600) be amended to include the Chinese language in the languages of Assembly documentation, pursuant to the decision of the 22nd Session of the Assembly and Assembly Resolution A31-16 (Strengthening the use of Chinese language in ICAO); and

b) approved, as documentation for the 38th Session of the Assembly, the draft Assembly

working paper attached to C-WP/13960 setting forth a proposal to accordingly amend Rule 63 of Doc 7600.

Subject No. 11.5: Documentation policy and practices

Report on the review of ICAO language service requirements 8. The Council commenced consideration of C-WP/13932 presented by the Secretary General, which set forth, in paragraph 6, proposals for the optimization of language service resources taking into account the decisions of the Council (197/7), the recommendations of the Working Group on Governance and Efficiency (WGGE), as well as the review of the Committees of the Council and the Air Navigation Commission (ANC) on their need for translation and interpretation services for the 2014-2016 triennium. In addition, the paper outlined measures to enhance the efficiency of language services that fell within the Secretary General’s competency and that were already being implemented (cf. paragraph 5). Information on the current resources, the proposed budget and the forecast demand for language services for the next triennium was also provided. An editorial amendment to paragraph 6.3 a) of the paper was noted, whereby the word “ANC” was replaced with the word “Council”. 9. Given the paper’s complexity, the Representative of Mexico suggested that an informal briefing thereon be given prior to Council’s review of C-WP/13932. The Representative of Colombia

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supported this proposal. While also being in favour of an informal briefing, the Representative of Spain advocated having one after first considering the ANC’s analysis of its needs for translation and interpretation services during meetings and the proposals contained in paragraph 6.4 to amend the Rules of Procedure. It was decided to proceed with the discussion of the paper. 10. Indicating that in his view it was not possible to consider the issue of the optimization of language service resources based on C-WP/13932, much less take any decision thereon, the Representative of the Russian Federation averred that the proposals contained in the paper were destructive and discriminatory with regard to ICAO’s working languages and did not comply with the provisions of Assembly Resolution A37-25 (ICAO Policy on the language services) and other relevant Assembly Resolutions. He maintained that the proposals eroded the principle of multilingualism in ICAO, which was one of the fundamental principles for achieving the goals of all international organizations of the United Nations (UN) common system. The Representative of the Russian Federation considered that the paper showed contempt for the work done by the WGGE and its Subgroup on Language Services on this issue. He therefore suggested that the Council close its discussion of C-WP/13932 and request the Secretary General to present a new paper for its consideration during the next (199th) session that was predicated on the WGGE’s recommendations (C-WP/13897; 197/7) and that set forth concrete proposals for the optimization, and not further reduction, of ICAO’s language service resources. The Representative of Cuba endorsed these comments. 11. Underscoring that it had not been his intention, in presenting his proposals, to contravene in any way ICAO’s policy on language services, the Secretary General reiterated that his objective was to provide not only the Council but the Organization as a whole with efficient language services. The question was the cost of those services. The paper set forth a quantitative analysis of language service requirements and a number of proposals to enhance, and not diminish, language services.

12. The President of the Council noted that the Council’s intention in requesting (197/7) the Secretary General to present proposals for the optimal utilization of language services had been to ensure that the Organization and all of its bodies received efficient language services and to explore areas where such efficiency could be enhanced. In highlighting Operative Clause 3 of Assembly Resolution A37-25, in which the Assembly recognized “that language services are an integral part of any ICAO programme”, he underscored that there were many other areas besides language services where efficiencies were being sought as part of the budgetary process.

13. Responding to a query by the Representative of Nigeria regarding paragraph 6.4 a) of the paper, the Director of the Bureau of Administration and Services (D/ADB) clarified that it was proposed that a sentence similar to the text used in Rule 39 of the Rules of Procedure for Standing Committees of the Council (Doc 8146) be added at the end of Rule 55 of the Rules of Procedure for the Council (Doc 7559) to enable the Council to decide, by unanimous agreement, to waive interpretation into one or more of the working languages of the Organization. 14. The Representative of the United States indicated that it was regrettable that the Council was considering this issue before it had taken a decision regarding the draft Budget of the Organization for the 2014-2015-2016 triennium. He underscored the need for a constructive approach that respected ICAO’s policy on language services. The Representative of the United States also stressed that the Council and the Secretary General had a shared responsibility to ensure that language services were managed correctly and that resources were not wasted for the Organization’s programmes, which were going to be under pressure in the next triennium. Responding to a question by the Representative, the President of the ANC clarified that the Commission did a preliminary review of only the English version of draft Standards and

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Recommended Practices (SARPs). The first time that such draft SARPs were translated into ICAO’s other five working languages was when they were transmitted to States for their review and comment under cover of a State letter. After the ANC’s final review and amendment of the English version in light of any comments received, the draft SARPs were translated again for the final report to the Council. In order to make better use of translation services, it was being proposed that draft SARPs be translated for the ANC’s preliminary and final review so that the Commissioners could assist in finding the proper wording.

15. In reiterating that the proposals for the optimization of language service resources set forth in the paper should be consistent with the Secretary General’s budget proposal for the next triennium, the Representative of Japan voiced concern that they differed slightly from the Option 1 proposal considered by the ANC and the Committees. Observing that the main difference was attributable to the ANC’s views regarding the level of translation and interpretation provided to the Commission, he expressed the hope that it would not have any impact on the forthcoming budgetary discussions. The Representative of Japan emphasized that although his State did not benefit from the provision of language services to the extent that Japanese was not a working language of the Organization, it fully understood and supported the importance of the philosophy and culture of multilingualism. ICAO was a very specialized UN organization that was responsible for aviation safety, inter alia. Safety issues, including related SARPs documentation, dealt with by the ANC required the utmost accuracy and precision. The Representative of Japan noted, in this regard, that although the Annexes to the Chicago Convention and some other ICAO documents were translated into Japanese, the original English text was consulted to ensure that the meaning of the text was fully understood. He therefore considered that the current ANC procedure for the review of draft SARPs, whereby only the English version was considered, was not only practical but ideal. 16. The Representative of Japan supported the ANC’s progressive proposals set forth in paragraphs 7.5.5 and 7.5.6 of Appendix A to the paper that “the use of plain English language in all exchanges, oral or written, should be encouraged in order to facilitate full comprehension, easier translation and interpretation” and that “future State letters outlining competencies for an Air Navigation Commissioner should better reflect the reality of the interpretation and translation limitations in the ANC and clarify the limitations of not having proficiency in the English language”. Referring to paragraph 7.5.7 thereof, which invited clarification from the Council on the current practice of adopting SARPs in all six languages with an equal authenticity in all language versions, he noted that all language versions would be required for the last stage and that he was not opposed thereto. The Representative of Japan nonetheless suggested that the Council consider if it should continue to require that all language versions of SARPs be presented for its adoption, given that increased efficiency and cost–effectiveness were being sought and that under the ANC’s current practical and ideal procedure the Commission only discussed the English version of draft SARPs. 17. In stressing the need to think long term, the Representative of Cuba cautioned that if the Organization were to continue along that path, in the not too distant future it would find itself in a situation where it did not necessarily have the best technical experts but rather those experts who were the most proficient in English. Averring that that was the wrong path, he emphasized that he would not support any initiative aimed at reducing the provision of language services in ICAO. In his view, that was not optimization. 18. Maintaining that C-WP/13932 was a good starting point, the Representative of Denmark indicated that he was willing to consider the Secretary General’s proposals favourably. Noting, however, that the paper only dealt with one element of the translation problem, namely, a reduction in demand, he reiterated that consideration should also be given to the possibility of increasing translation capacity. The Representative of Denmark recalled, in this regard, a statement made some three years ago by the Director

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of the Bureau of Administration and Services (D/ADB) to the effect that all endeavours would be made to improve the quality and increase the productivity and timeliness of language services. He noted that the capacity of a professional ICAO translator using, inter alia, computer-assisted translation (CAT) tools and electronic terminology databases, was 1 500 words per day, which he understood to be under the UN average. The Representative of Denmark underscored that it was essential to have information on how the productivity of ICAO translators had been increased. 19. The Representative of Denmark observed that, as ICAO abided by the UN rules governing the provision of interpretation services, there was no way for the Organization to increase its interpreters’ productivity. Consideration could therefore only be given to reducing the demand for such services.

20. The Representative of Denmark then drew attention to the proposal set forth in paragraph 6.4 b) that consideration be given to waiving the requirement for simultaneous distribution for Manuals and Circulars so as to publish the English version first and the other language versions later, within a period of 120 working days. He suggested that, in accordance with paragraph 16 b) of C-DEC 197/7 (“the Council requested the Secretary General to: review the management of the simultaneous distribution of all language versions of ICAO documents …”), the proposal be extended to other documents, including Council documents. Expressing some hesitancy regarding amended paragraph 6.3 a), the Representative of Denmark questioned whether the Council would be in a position to validate the technical accuracy of SARPs in all six working languages and stressed that it would still have to depend on the Organization’s professional translators for such validation. 21. The Representative of Colombia underscored that the Secretary General’s proposals should be considered on the basis of their usefulness and efficiency and their compliance with relevant UN and ICAO rules and not on the basis of the draft Budget for the next triennium. He averred that not providing interpretation services for briefings would not result in any cost-savings or increase in productivity as substantive discussion would instead take place in the Council, taking up more of its time. With regard to SARPs, the Representative of Colombia considered that it would be more efficient if Council Representatives reviewed their translation into the various working languages of ICAO. Referring to the productivity of translators, he maintained that focus should not be placed on the word count as the text might be repetitive. In noting that there were thus many aspects of the paper that required further discussion, the Representative of Colombia cautioned against reducing language services that had been agreed to previously as it would be discriminatory for many Representatives.

22. Commending the paper, the Representative of France affirmed that it was exactly what ICAO needed to make optimal use of its language service resources.

23. The Representative of Slovenia likewise supported the paper in its entirety for many reasons, including: the explanations provided by the Secretary General and the President of the Council; its multicultural and multilingual approach; and its good proposals. While agreeing with the Representative of the Russian Federation that ICAO’s language service resources should be optimized and not further reduced, he disagreed that the Secretary General’s proposals were not in compliance with relevant Assembly Resolutions. 24. The Representative of India also endorsed the paper, as well as the suggestion made by the Representative of Denmark regarding paragraph 6.4 b). He reiterated the need to avoid micro-managing language service resources

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25. In seeking further information regarding the Commission’s proposals to optimize ANC language services, the Representative of Belgium expressed support for the Secretary General’s proposals to amend the rules of procedure.

26. Offering clarifications, the President of the ANC noted that in paragraph 6.2 a) and c) of the paper, and in line with paragraph 7.5 of Appendix A, the Commission proposed that if the Council decided to reduce language service demand, then consideration could be given to not providing interpretation for: briefings of the ANC; and for meetings of two of the ANC standing working groups, namely for the Strategic Review and Planning (SRP) and Procedural Matters (PM) meetings. The impact of these proposed reductions should be analyzed, taking into account the need to provide interpretation services on an exceptional basis and for a technician to participate in each SRP and PM Working Group of the Whole (WG/WHL) meeting, including when the meeting was conducted only in English. Referring to the comments made by the Representative of Japan, the President of the ANC noted that if the Council decided that the said SRP and MP WG/WHL meetings were to be conducted only in English, then it would be necessary to decide, pursuant to paragraph 7.5.5 of Appendix A, to encourage the use of plain English language in all exchanges, oral or written.

27. The Representative of Saudi Arabia stressed the importance of utilizing the Organization’s six working languages on the basis of parity and in accordance with relevant UN standards. He also emphasized that, in considering cost reductions, it was necessary to take into account the importance of language services and cultural diversity in the work of any international organization, including ICAO. The Representative of Saudi Arabia highlighted, in this regard, the importance of languages in air traffic management (ATM).

28. Recalling the statement made by the Secretary General regarding the cost of providing language services, the Representative of Paraguay underscored the need to determine the latter’s share in the Organization’s work. Observing that ICAO’s technical groups received input from States in a multiplicity of languages, she emphasized that language served as a tool for the Organization. When viewed from that perspective, ICAO would suffer the consequences of any budget cuts to language services. The Representative of Paraguay recalled that previous reductions had resulted in decreased quality and consequently to numerous complaints.

29. In noting that technical experts’ experiences were most effectively shared in their mother tongues, the Representative of Paraguay underscored that if deliberations were conducted in a single language, English, then ICAO’s technical groups would receive input not from the best technical experts but rather from the best English-speakers. ICAO would thus be failing in its global vision. In highlighting the importance of the Organization’s work in the regions, she emphasized the need to take into consideration the usefulness of language services in enabling effective communication with the latter. While noting that rapid advances in technology might overcome current translation problems, the Representative of Paraguay stressed that, for the time being, language remained a useful tool for ICAO. 30. In light of the views expressed, it was agreed to have an informal briefing on the Secretary General’s proposals for the optimization of language services during the Council’s meeting on Wednesday, 27 February 2013, and to return to C-WP/13932 later in the current session. It was understood that, in advance of that informal briefing, the Secretary General would provide Representatives with the information requested during the discussion regarding, inter alia: what was meant in paragraph 6.2 d) by the term “routine background documentation” for which it was proposed translation no longer be provided for Committees; categorization of meetings for both the Council and the ANC; the proposed amendments to the Rules of Procedure contained in paragraph 6.4; the translation of SARPs; the ANC’s proposals set forth

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in paragraph 7.5 of Appendix A to the paper, including the adoption of SARPs in all six working languages; funds available from the Ancillary Revenue Generation Fund (ARGF); and efforts already made by the Council and its Committees and the ANC to reduce language service requirements and the cost-savings achieved. Subject No. 7: Organization and personnel Subject No. 7.4: Conditions of service

Review of mandatory age of separation 31. The Council considered this subject on the basis of information paper C-WP/13977, presented by the Secretary General; and an oral report thereon by the Human Resources Committee (HRC). 32. During its review of the paper at its First Meeting of the current session on 21 January 2013, the HRC had noted that, in December 2012, the United Nations General Assembly (UNGA) had authorized the UN Pension Board to increase the normal retirement age to 65 years for new participants of the UN Joint Staff Pension Fund (UNJSPF), with effect from no later than 1 January 2014, and that the UNGA had decided to defer its decision on a corresponding increase of the mandatory age of separation to its resumed session in March 2013.

33. It had been emphasized that the increase to the normal retirement age (UNJSPF) and of the mandatory age of separation (Staff Regulations) to age 65 would only apply to new staff recruited after 1 January 2014. For serving staff, the mandatory age of separation would remain at age 60 for those who had joined the Organization prior to 1 January 1990, and at age 62 for those who had joined the Organization after 1 January 1990. 34. The Committee had noted that a subsequent paper on this subject would be presented to the Council following receipt of the UNGA decision with respect to the mandatory age of separation, including financial implications and any possible relevant amendment to the ICAO Staff Regulations.

35. In expressing a reservation, the Representative of India averred that using the actuarial deficit of the UNJSPF as justification for increasing the normal retirement age to 65 for new participants from 1 January 2014 was a travesty of logic. While it might benefit the UNJSPF, it would, at the same time, burden all of the international organizations in the UN common system with employees for an additional three years when their salaries would be at the highest point of their careers.

36. The Director of the Bureau of Administration and Services (D/ADB) noted that while it was apparent that the said increase in the normal age of retirement would have long-term and not short-term implications for UN organizations, an analysis thereof had not yet been conducted.

37. In providing further clarifications, the Chief of the Finance Branch (C/FIN) observed that the retirement age was being increased to address the large UNJSPF actuarial deficit, which was based on a projection of retirees’ life expectancy and the expected benefits that would be paid to them. If the normal retirement age had not been increased, then it would have been necessary to increase each UN organization’s contributory rate to the UNJSPF from the current 15.8 per cent to a higher percentage in order to bridge the said deficit. C/FIN underscored that increasing the normal age of retirement had two advantages: employees and UN organizations contributed to the UNJSPF for an additional three years and the payment of pension benefits to those employees was deferred by three years. This additional revenue

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and postponement of expenditure for three years was the best way to protect Member States from having to contribute a large amount of money to fund the UNJSPF’s actuarial deficit.

38. The Representative of India indicated that this explanation only added to his discomfiture as it was the same one given every time an increase in retirement age was considered, especially in his own State. In enquiring whether there was not a better method to augment the UNJSPF other than through higher contributions from UN organizations resulting from an increased retirement age, he underscored that the latter made it necessary to retain older employees at a time when their productivity seemingly began to decline. The current retirement ages of 60 for those who joined before 1 January 1990 and 62 for those who joined afterwards only served his argument. 39. The Representative of Denmark noted that in most States the retirement age was augmented for all workers and not solely for those entering into service after a specified date. He considered that the increase in the normal retirement age to 65 would have very few positive financial repercussions for the UNJSPF and negative financial repercussions for UN organizations.

40. The Representative of Slovenia observed that when States throughout the world were faced with potential pension deficits they reacted in the same way as the UNGA and increased the retirement age. Recalling that some 110 ICAO employees would be retiring between 2012 and 2016, which would affect the number of new employees recruited after 1 January 2014, he enquired as to potential budgetary implications of the higher retirement age. 41. C/FIN clarified that there would be no impact on the Organization’s budget for the 2014-2015-2016 triennium as it was only new staff entering or re-entering service on or after 1 January 2014 who would have a retirement age of 65 and, if approved by the UNGA, a mandatory age of separation of 65. Serving staff would be grandfathered.

42. The Chairperson of the Finance Committee (FIC) reiterated that the effects of the increased age of retirement and mandatory separation would only be very long term. 43. In emphasizing that the UNJSPF would continue to operate on a “pay-as-you-go” basis as UN organizations did not have the ability to raise additional revenue from their Member States to eliminate the deficit and build up escrow, the Representative of the United States indicated that the Council could manage the current situation by managing personnel and the Organization’s budget.

44. The Council then noted the information provided in C-WP/13977, as well as the HRC’s oral report thereon. 45. It was understood that following a decision by the UNGA regarding the mandatory age of separation for new staff entering into service on or after 1 January 2014, expected in March 2013, a paper would be presented to the Council during the next (199th) session on that subject which would include financial implications and any possible relevant amendment to the ICAO Staff Regulations.

46. The meeting adjourned at 1240 hours.

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SUMMARY MINUTES OF THE FOURTH MEETING


OPEN MEETING



PRESENT:



Malaysia Mexico Morocco Nigeria Paraguay Peru Republic of Korea Russian Federation Saudi Arabia Singapore Slovenia South Africa Spain Swaziland Uganda United Arab EmiratesUnited Kingdom United States

— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Mr. J. Twijuke — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth


Mr. C. Schleifer-Heingärtner Mr. A. Tiede (Alt.) Mr. M. Da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. J.L. Viera (Alt.) Mr. M. Delisle (Alt.) Mr. J. Dow (Alt.) Ms. M. Furuhata (Alt.) Mr. D. Umezawa (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang M. (Alt.) Mr. A. Alaufi (Alt.) Mr. M. Fernando (Alt.) Mr. K. Ferjan (Alt.) Mr. J. Herrero (Alt.) Mr. P. Fleming (Alt.) Mr. D. Behrens (Alt.)

― President, ANC ― Australia ― Brazil ― Brazil ― Brazil — Canada ― Canada ― Japan — Japan ― Mexico ― Republic of Korea ― Republic of Korea ― Saudi Arabia ― Singapore — Slovenia ― Spain ― United Kingdom ― United States

Mr. D. Azema Ms. N. Graham Mr. H. Gourdji Mr. J. Illson Mr. R. Macfarlane Mr. M. Hoummady Mrs. E. Gnehm Mr. J.-P. Arnaud Mr. G. Teo Mr. M. de Leon Mr. M. Marin Mr. A. Larcos

— DC/OSG ― D/ANB ― C/CMO ― C/ISM ― C/IIM ― C/AST ― ISM ― ISM ― ISM ― Consultant ANB ― OPS ― ACS

*Part-time

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Safety Week – Air Navigation Presentations 1. A presentation was delivered by the Director, Air Navigation Bureau (D/ANB) on Safety Week, which inter alia, provided an update on the Global Aviation Safety Plan (GASP) and the Global Air Navigation Plan (GANP). 2. In doing so, D/ANB indicated that global aviation safety is in a good condition with both the number of fatalities and accidents continuing to decline. In addition, the accident rate is significantly lower and continues to decline as have runway safety related issues. It was revealed that loss of control in flight will be a priority issue in the next triennium so that it will be necessary to develop a specific action plan for this issue. In this connection, a symposium is scheduled in May 2014 to bring together the training community, the research community and others, with a view to developing a forward action plan. 3. In the next session of the Council it is intended that there would be a briefing on the final GANP and the GASP. These new safety plans take into account the outcomes of the High-level Safety Conference that had taken place in 2010 and the work that has been done in the ensuing few years. D/ANB acknowledged the commitment of the Secretary General to this effort and who had allocated the necessary funding for the project initiatives arising out of the High-level Safety Conference. One of these projects relates to the next generation of aviation professionals and the continued evolution of safety data and safety information. 4. D/ANB stated that continuous monitoring activities had been progressing well and ICAO has been partnering with the Regional Offices to undertake follow-up visits for validation missions. To date there have been 41 validation missions. In relation to impact assessments of the Standards and Recommended Practices (SARPs), it was revealed that a simplified format had been developed in order to assist States in assessing impacts. Meanwhile, the project to have manuals translated into other languages is nearly complete. 5. In relation to the iStars secure portal, which contains classified and audit data, this was now fully operational and provides useful insights and information to States. Already it was clear that that there had been an increase in usage as States aim to improve their audit scores. In a related development, a number of MoUs with a variety of organizations were now in place, which would help to provide useful information on forward planning, while progress was also continuing on safety data and safety performance indicators, which remained challenging areas. 6. In the area of runway safety, it was revealed that virtually every other relevant international organization has now partnered with ICAO. There have been seven regional seminars in addition to the one global event that took place in 2011, and it was scheduled that four related seminars would take place in the course of this year. More than 50 States and international airports had now established runway safety teams, which would assist in monitoring activity at international airports. The partnerships with other entities had enabled ICAO to gain greater access to safety data and to apply the data in a more consistent manner, thus leading to improved analysis in various areas. 7. As part of a more holistic approach to safety, ICAO is also seeking to apply and replicate best practices to those States that require assistance, including through capacity-building programmes. In this connection, ICAO was also developing different approaches to support implementation efforts, which would include shifting some resources from standardization to implementation support. While standardization activities remained central, it was recognized that supporting implementation was necessary to ensure future success.

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8. In summary, D/ANB reiterated that while SARPs remained important, in the future there would be a focus on technical assistance and implementation. This would entail a proactive shift to implementation. Future SARP amendments would be integrated into the overall approach and there would be a higher priority on guidance material and training support. It was likewise anticipated that rollout plans would have an associated communication strategy, including journal articles and websites providing more targeted information. There would also be an increased emphasis on partnerships with the aviation industry sector as a way to disseminate information to target audiences. 9. The information given by D/ANB was then complemented by the President of the Air Navigation Commission (P/ANC) who delivered an interim report on the Planning and Implementation Groups (PIRGs) and the Regional Aviation Safety Groups (RASGs) as well as a detailed report on forthcoming activities and areas of focus for the ANC. 10. P/ANC stated that issues are being addressed via a gradual transition to an aviation system block upgrades (ASBU) framework with a target date of May 2014. Substantial progress had been achieved on key priorities such as performance-based navigation, continuous climb operation, and continuous descent operation. There remained a need for greater synchronization, which will be discussed during the PIRG and RASG global coordination meeting that would take place on 19 March 2013. The proposed outcome is for timelines incorporating priorities and targets. 11. To assist States and the PIRGs, it was acknowledged that the ASBU methodology would need to be supported so this issue would be considered at the ATCONF/6, which was scheduled from 18 to 22 March 2013 in Montreal. It was envisaged that this assistance would relate to guidance material and workshops, some of which are planned to take place this year. 12. In relation to the RASGs, it was acknowledged that they serve an important role as focal points for safety issues in each region. Their effectiveness needed to be supported and in this respect the GASP would also be addressed in the evolution of the RASGs. Identification of safety targets by each RASG was also in progress. Consolidation of global efforts in aviation safety are also continuing, especially on issues such as runway safety, loss of control and controlled flight into terrain. It was also intended to continue efforts to harmonize annual safety reports. For the RASGs it would be important to integrate the different sources of safety information so as to identify focus areas for action. 13. In foreshadowing the amendments to be considered for adoption during this meeting of the Council, P/ANC indicated that while most would become effective in November 2013, the approach classification is of a multidisciplinary nature, and therefore, the aim would be for an applicability date in November 2014. For Annex 19 there are six consequential amendments in different annexes. The new approach classification would enable a more performance based method of implementation that would be covered and fully integrated in the ICAO manuals. It was noted that the whole process in finalizing a draft Annex that would be presented to Council takes a more than two years and sometimes up to six years. In relation to Annex 19, the process took about three years, which is a reflection of the balanced procedure and professional support that was provided. In this regard, P/ANC thanked the States, the Secretariat and international organizations, all of which had a role in the final outcomes that are presented to the Council. 14. Likewise, in relation to the amendments to be considered by the Council at this meeting, D/ANB indicated that some of these had encountered translation issues, particularly in the French and Spanish language versions. She confirmed that these would be rectified in due course.

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Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of a proposed new Annex on safety management responsibilities and processes

15. The Council had for consideration C-WP/13935, outlining a proposal from the Air Navigation Commission (ANC) for the adoption of Annex 19, which addresses safety management responsibilities and processes. 16. In introducing the item, the President of the Council stated that it had been over 30 years since a new annex to the Convention on International Civil Aviation (Chicago Convention) has been created. In that sense, the proposed Annex 19 that was being presented to the Council for adoption, represented an historic milestone. Development of Annex 19 began following the 2010 High-level Safety Conference and in March 2011 the Council requested that the Secretary General and the ANC explore the possibility of finalizing the safety management annex prior to the originally proposed date of 2015. The ANC agreed to establish a safety management panel in March 2012, so in less than two years the proposal for a new annex had been prepared for Council consideration. The speed and efficiency in which this was achieved reflected the close collaboration between all involved in the process, including the ANC and the Secretariat, both of which were to be commended for their efforts and professional commitment. 17. In presenting Annex 19 for adoption by the Council, the President of the Air Navigation Commission (P/ANC) also addressed the consequential amendments in Annex 1, 6, 8, 11, 13 and 14. He indicated that the process for an annex on safety management was initiated with the recommendation of the High-level Safety Conference held in 2010. The Conference recommended that the new Annex contain safety responsibilities framed under the State safety programme (SSP), which includes the implementation of safety management systems (SMS) for aviation service providers. The ANC had developed the Annex in two phases, the first phase involved the consolidation of existing SARPs, which were found in different annexes, into a single new Annex. The focus of the first phase was to use existing requirements as the basis for the first edition of Annex 19 with modifications made as appropriate for reasons of clarity and harmonization. This approach was intended to ensure that the new Annex would be established expeditiously while maintaining continuity with current SSP and SMS requirements. 18. The development of new requirements become the focus of the second phase of the process. The Council had approved this two-phase approach indicating that the first edition of the new Annex should become applicable in 2014. The existing safety management provisions have been transferred into Annex 19 except in two cases: specific provisions relative to safety oversight of air operators are retained in Annex 6, Part 1, Appendix 5 and Annex 6, Part III, Appendix 1; and legal guidance for the protection of information from safety data collection and processing systems for the specific needs of Annex 13 — Aircraft Accident and Incident Investigation. Currently there are two types of sector specific management provisions: Annex 1, concerning basic safety management principles applicable to the medical assessment process for licence holders; and Annex 6 Parts I and III, concerning inflight data analysis programmes as part of an airplane or helicopter operator SMS. 19. Most of the SARPs contained in Annex 19 are already applicable as they are existing SARPs transferred from other annexes. The cost impact of the transfer of existing provisions into Annex 19 is minimal. States would be invited in mid-2013 to cancel, if any, the existing differences they may have filed regarding the existing management provisions from Annex 1, 6, 11, 13, and 14, and then file them against Annex 19. The benefits of the new Annex derive from the fact that all safety management SARPs have been compiled in one unique document. The role played by the State is reinforced as the main actor in managing safety. In addition, Annex 19 creates the legal environment for further

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development of safety management provisions in one unique document and applicable to all domains of civil aviation. 20. It has been agreed that the ANC would continue work with the Secretariat to develop a rollout plan for the new Annex 19. The Secretariat was currently updating the safety management webpage on the ICAO public website to include an FAQs section, as well as the third edition of the safety management manual, and editable versions of files found in the appendices and other informative material. The State Letter to accompany the Annex 19 first edition, would describe its content, impact and benefits, and outline the work programme for the safety management panel in the future. 21. The new Annex included safety management SARPs to be transferred from Annex 1 — Personnel Licensing, Annex 6 – Operation of Aircraft, Annex 8 — Airworthiness of Aircraft, Annex 11 — Air Traffic Services, Annex 13 — Aircraft Accident and Incident Investigation, and Annex 14 — Aerodromes. Chapter One has twelve existing definitions and six new definitions, Chapter 2 defines the applicability of the Annex, while Chapter 3 deals with State safety programmes and State safety oversight standards. Chapter 4 details the safety management system and SARPs, while Chapter 5 refers to safety data collection, analysis, protection and exchange requirements. 22. The Annex 6 provisions have been complemented with the eight critical elements of safety oversight found in the Safety Oversight Manual (Doc 9734) to require the oversight of all service providers establishing a comprehensive safety oversight system. However, these elements are not totally new since all States have signed an MoU with ICAO introducing the use of eight critical elements as part of the implementation of USOAP. Therefore the impact would not be onerous. 23. An advanced copy of the third edition of the safety management guidance material was published in May 2012, and would now be finalized with the adoption of Annex 19. The document is accessible on the ICAO public website. Part of the rollout plan will be to promote the content of the Safety Management Manual (SMM). The rollout plan includes a communications strategy and regular updates to the ICAO safety management website. The next part of the process would involve a green edition to be sent out in April 2013, with an effective date of July 2013, while the applicability date would be 14 November 2013. 24. In closing, P/ANC thanked all staff who had worked on the new Annex, particularly the ISM team in the Secretariat, including John Illson, Elizabeth Gnehm and Jean Pierre Arnaud. He also thanked his colleagues in the ANC, especially the team under the guidance of Mr M. Fernando, for preparing the final review and accommodating comments from States and international organizations. 25. The Representative of Australia congratulated the members of the Safety Management Panel, the ANC, and the Secretariat for delivering the new Annex, especially in light of significant time constraints. She stated that this exercise underlined the value that the panels could add, with the guidance of the ICAO governing bodies and the Secretariat, and with the full commitment of Member States. However, it was important to recognize that as a result of the tight time frame, the outcome represents primarily a consolidation of existing provisions from other annexes together sufficient additional, contextual and definitional material to make this Annex useful in its first phase release. In that context, the Annex is a work in progress and there would be more substantive work to do in the second phase. 26. She hoped that the necessary ongoing work on the Annex would be seen as a high priority and ICAO would clarify to Member States that the intention of the next phase of work would aim at more substantive reforms to the Annex. This further effort would require a focus on the concept of an

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acceptable level of safety, and consequential amendments as a result of work by the safety information protection task force. which inter alia, would be proposing significant changes. 27. In relation to the process for the development of SARPs, including the role of States and their responsibility in that process, Australia considers a key responsibility of Council Representatives to closely monitor responses to State Letters, including ensuring that Member States represented on the Council, were comprehensive and punctual in their responses. This assists the Council to carefully consider comments in the SARP development process, thus avoiding last-minute changes in the Council, which might risk creating unintended consequences. In this regard, she welcomed the slightly better response rates of Member States represented on the Council although she noted that almost one-third of the Council had not responded. She encouraged the Council to be mindful of the example that needed to be set to all Member States in seeking to improve the response rate to State Letters related to SARPs. 28. In thanking the ANC and the Secretariat for their work in producing the Annex, the Representative of Cuba also noted the efforts of the former Representative of Argentina, Mr. Gelso, for the important role he had played in supporting the preparation of the Annex. In relation to the proposed rollout plan of the new Annex and the associated communications strategy, he stated that this would be especially valuable to States in terms of the guidance it provided. Separately, the Representative observed that some States would need to properly file differences and this could be a lengthy process. He reminded Council that for some States, the filing process was difficult and in the case of Annex 19, it would be necessary to take steps to ensure that it would be as smooth as possible. 29. The Representative of Belgium stated that the adoption of the new Annex represented an important step in efforts to change the aviation safety management culture. In this connection he noted that the new Annex would help to raise levels of awareness and clarify responsibilities. 30. In welcoming the new Annex, the Representative of Colombia stated that this was indeed an historic occasion for ICAO. Separately, he observed that the translation of some terms in the Annex as they had been presented in the Spanish language version, could lead to differing interpretations. He requested that care be exercised and that this be taken into account in the rollout phase. 31. The Representative of the United Arab Emirates observed that the adoption of the Annex signalled that there would be additional work needed to consolidate the safety provisions and therefore it would be important to proceed in an orderly manner during the second phase of the exercise so as to avoid rushing the forthcoming work. 32. In recalling the historic nature of the occasion in the adoption of a new Annex, the Representative of Spain observed that the outcome reflected a long-term undertaking that would necessitate further work before completion. He emphasized that there was still much work to be done, including a need to determine not only the standards but also the terms, concepts, their interrelation, and, the translation work into all languages. In relation to the implementation phase, he sought clarification as to the nature of the work needed to support the issuance of Annex 19 and the resultant time frame. 33. In response, P/ANC explained that, inter alia, it would be especially important to provide guidance to States so that they were fully aware of what would be required. In this connection, additional information would be provided, particularly in relation to the filing of differences. The Chief, Integrated Safety Management Section (C/ISM) also observed that it would be important to explain during this phase of the process that there was some continuity with existing SARPs and that States should continue in progressing existing efforts aimed at implementing safety management provisions.

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34. The Representative of France indicated that France has experience with a national safety programme, which had led to the inclusion of numerous practical measures in safety performance standards. He observed that in Europe there were only six States that had moved in this direction, which meant that there was still considerable work to be done. In this connection, France encourages ICAO, the Council, ANC and the Secretariat to set realistic targets aimed at improving practices rather than imposing Standards that are not well written, not well understood and occasionally inaccessible. France was ready to assist ICAO in these efforts. 35. He also cautioned against rushing through this second phase of the process especially as there remained some ambiguities as to the regulatory requirements as outlined in the manuals and supplements. For instance, there are about 35 Notes in the text of the Annex, which was significant and carried practical implications during the implementation phase. To the extent that the supplements and manuals are not obligatory he wondered as to the value of maintaining this information in the body of the text. It was therefore suggested that in the future careful consideration be given to this. 36. In relation to service provider requirements and performance, the Representative noted the expectation that safety performance would be defined by the State, with or without its agreement, but this was contrary to the SMS concept. In France, as in other States, there were numerous operators who potentially had no means to follow through on this so in terms of safety management this was something that needed to be borne in mind in the subsequent work on the Annex. It was important for ICAO to be realistic in the expectations it had of States and to avoid rushing this second phase of the process. 37. In expressing his concurrence with the views of the Representative of France, P/ANC indicated that the intention was for this second phase of the process to certainly aim to address all issues and concerns being made by States and international organizations, such as that outlined by France. 38. The Representative of Saudi Arabia stated that the adoption of this new Annex had come at an important juncture and he encouraged ICAO to disseminate essential background information via workshops and seminars to support the second phase of the roll out process. Likewise, a mechanism that could ensure the appropriate safety management systems in States would be required. 39. In associating himself with the previous interventions of the Representatives of Australia, France and Spain, the Representative of the Russian Federation stated that the roll out phase would represent an especially important element of the process. On a separate matter, he sought clarification on when the other language versions would be made available. 40. D/ANB undertook to obtain further information on the timeline for the translation into other languages of the Safety Management Manual, and to pass this information on to Council Representatives. 41. The Representative of Morocco stated that in relation to the new Annex, he had separately informed the Secretariat of the need to include additional text to the introductory sections concerning critical elements of safety. He also indicated that there were some textual errors in the Arab language version that had been separately forwarded. 42. P/ANC explained that the section to be affected by the possible additional text referred to by the Representative of Morocco had previously existed in Annex 6 and it had been directly transferred into the new Annex in the same format. Nevertheless he acknowledged the merits of including additional text and undertook to consider this in the future work programme of the ANC.

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43. In referring to the need for States to develop safety plans, the Representative of Argentina indicated that his country had developed and implemented such a plan and therefore shared concerns raised in previous interventions that this was an important area of focus. He also sought clarification on whether it is only in relation to Annex 13 that there was now a direct duplication of text with the new Annex and whether this was only meant to be temporary. 44. In reponse, P/ANC confirmed that the duplication of text between Annex 13 and the new Annex was indeed only temporary as part of a transitional arrangement. 45. The Representative of the United States welcomed the pragmatic approach adopted by all stakeholders in the development of the new Annex and expressed the hope that this would continue throughout the second phase of the process. 46. In welcoming the adoption of the new Annex, the Representative of the Republic of Korea expressed the view that this would lead to greater clarity and consistency in matters related to aviation safety management. 47. The Representative of Slovenia observed that the holistic approach taken in finalizing the new Annex represented an important aspect of the work in aviation safety management. In the same vein he hoped that a similar approach could be taken in data collection for the PIRGs, RASGs, AFI Plan, ABSUs, and other areas, which would assist States to have greater access to a safety index. 48. In welcoming the achievement that the new Annex represented, the Representative of Malaysia stated that the education and training initiatives that will follow the adoption of the Annex would be important phases of the whole process. In this connection it would be necessary to ensure that the time frame with which Member States would be required to comply with the new requirements were sufficiently flexible to allow for variations across regions. 49. In response, C/ISM indicated that the time frame for the filing of differences was still being determined but would be advised in due course. 50. The Representative of Nigeria stated that the new Annex represented a significant policy development for Member States, especially those that are in the process of establishing safety oversight systems since all the requirements will now be available in one comprehensive document. In relation to the ICAO State safety programme (SSP), there would nevertheless remain an ongoing need to facilitate capacity-building for States and in coordinating actions with relevant civil aviation authorities. 51. The Representative of Paraguay joined other Representatives in welcoming the new Annex since for some Member States it would help lead to improvements in national safety infrastructure. 52. In concluding the discussion on this item, the President of the Council stated that in accordance with Article 54 (l) of the Convention on International Civil Aviation (Chicago Convention), the adoption of a new Annex represented an important mandatory function of the Council. He recalled that Article 90 of the Convention required a two-thirds majority vote in favour of a new Annex, which would mean 24 votes in this instance. 53. The Council, by 33 votes in favour, none against and no abstentions (three Representatives being absent), adopted, as Annex 19, the definitions and Standards and Recommended Practices as contained in Appendix A to C-WP/13935. The Council approved as part of Annex 19, the

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Notes and attachments as contained in Appendix A to the paper. The Council also approved the Resolution of Adoption in Appendix B to the paper. In addition, the Council approved the Foreword of Annex 19 as contained in Appendix A to the paper, and moreover, noted the course of the action proposed in paragraph .2.2 of the paper. Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 171 to Annex 1 – Personnel Licensing 54. The Council considered C-WP/13936, which presented a proposal of the Air Navigation Commission (ANC) for Amendment 171 to Annex 1. 55. By way of explanation, the President of the Air Navigation Commission (P/ANC) indicated that this item dealt with a consequential amendment as a result of the adoption of Annex 19. In this instance the amendment proposal resulted from the transfer of safety management provisions to the new Annex 19, as well as the transfer of existing overarching safety management provisions to the new Annex 19, which would consolidate the provisions and organize them in such a way so as to facilitate State implementation of the related practices necessary to enhance aviation safety. It was anticipated that this amendment would carry minimal cost implications for States and training organizations. 56. The Council by 31 votes in favour, none against and no abstentions (five Representatives being absent), adopted as Amendment 171 to Annex 1, the amendments to definitions and to Standards and Recommended Practices as contained in Appendix A to C-WP/13936. The Council also approved, as part of the said amendment, the amendment to Notes and attachments as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 1, as contained in Appendix C to the paper. Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 44 to Annex 2 – Rules of the Air 57. The Council reviewed C-WP/13937, which presented a proposal of the Air Navigation Commission for Amendment 44 to Annex 2. 58. In the supplementary information provided to the Council, the President of the Air Navigation Commission (P/ANC) stated that Amendment 44 to Annex 2 — Rules of the Air, concerns a new definition for instrument approach operations and changes to existing definitions on non-procedure approach procedures; approach procedures with vertical guidance; and precision approach procedures. The amendment proposal was developed in coordination with the Aerodromes Panel (AP), the Instrument Flight Procedure Panel (IFPP), and the Navigation Systems Panel (NSP), as well as the Operations Panel (OPSP). The costs associated with the amendment proposals regarding instrument approach operations and procedures would be minimal. 59. In relation to the Arabic language version of the document, the Representative of Saudi Arabia observed that there was a reference to the acronym IFP (Instrument Flight Procedures) but that this should have more correctly been a reference to the acronym IFPP (Instrument Flight Procedures Panel). In response, the President of the Council confirmed that this indeed was a reference to IFPP and that this would be amended accordingly.

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60. The Council by 31 votes in favour, none against and no abstentions (five Representatives being absent), adopted as Amendment 44 to Annex 2, the amendment to definitions and to the Standards as contained in Appendix A to C-WP/13937. The Council also approved, as part of the said amendment, the amendment to Notes and appendices as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 2 as contained in Appendix C to the paper. Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 37 to Annex 6, Part I International Commercial Air Transport – Aeroplanes

61. The Council had for consideration C-WP/13938, which presented a proposal of the Air Navigation Commission for Amendment 37 to Annex 6, Part I. 62. In providing further information on the item, the President of the Air Navigation Commission (P/ANC) explained that the amendment proposal concerns approach ban provisions; the transfer of safety management provisions to the newly adopted Annex 19; and provisions related to instrument approach operations and procedures as a result of the new approach classification. In this way the amendment would consolidate these provisions and facilitate implementation by States of practices necessary to further enhance aviation safety. In relation to approach ban provisions, these would clarify concerns regarding the continuation of an instrument approach in certain weather conditions, while the new approach classification of instrument approach operations and procedures would simplify existing types of approach and landing operations. The latter set of provisions would also help to address the concerns expressed by some Member States in relation to the introduction of performance based navigation approaches with vertical guidance. The proposed effective and applicability date of provisions would be in July 2013, while the transfer of provisions to Annex 19 and approach ban provision would become applicable in November 2013 and the new approach classification provision would become applicable in November 2014. The different applicability dates were due to the nature of the multi-disciplinary methodology and to allow sufficient time for the rollout plan. 63. The Council by 32 votes in favour, none against and no abstentions (four Representatives being absent), adopted as Amendment 37 to Annex 6, Part I, the amendments to definitions and to Standards and Recommended Practices as contained in Appendix A to C-WP/13938. The Council also approved, as part of the said amendment, the amendment to Notes and attachments as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 6, Part I as contained in Appendix C to the paper.

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Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 32 to Annex 6, Part II International General Aviation – Aeroplanes

64. The Council considered C-WP/13939, which presented a proposal of the Air Navigation Commission for Amendment 32 to Annex 6, Part II. 65. By way of explanation, the President of the Air Navigation Commission (P/ANC) stated that the amendment proposal related to time piece requirements and approach ban provisions; the transfer of safety management provisions to the newly adopted Annex 19; and provisions related to instrument approach operations and procedures as a result of the new approach classification. The proposed date of effect would be in July, while the transfer of provisions to Annex 19, time piece requirements and the approach ban provisions would become applicable in November 2013. Likewise, the new approach classification provisions would become applicable in November 2014. 66. The Representative of Japan sought clarification on the time piece requirements and the potential result that general aviation aeroplanes would no longer need to be equipped with a clock. The implication that pilots would now use clocks as carry-on items instead meant that there would need to be some guidance from each operating authority on the required specifications of clocks. He was concerned that in this instance, the operating authorities did not have the necessary expertise or competence to determine the correct requirements. Therefore, he suggested that ICAO consider referring the issue to the Operations Panel (OPSP) for consideration to be given in issuing guidance that would cover all necessary requirements in terms of the functionality of clocks being used as carry-on items by flight crews. 67. In response, the President of the Council agreed that this issue should be given further consideration by the OPSP. 68. The Council by 32 votes in favour, none against and no abstentions (four Representatives being absent), adopted as Amendment 32 to Annex 6, Part II, the amendments to definitions and to Standards and Recommended Practices as contained in Appendix A to C-WP/13939. The Council also approved, as part of the said amendment, the amendment to Notes as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 6, Part II as contained in Appendix C to the paper. Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 18 to Annex 6, Part III International Operations – Helicopters

69. The Council reviewed C-WP/13940, which presented a proposal of the Air Navigation Commission for Amendment 18 to Annex 6, Part III. 70. In the supplementary information provided to the Council, the President of the Air Navigation Commission (P/ANC) explained that this amendment proposal was similar to the preceding item in that it related to time piece requirements and approach ban provisions; the transfer of safety management provisions to the newly adopted Annex 19; and provisions related to instrument approach operations and procedures as a result of the new approach classification.

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71. The Council by 32 votes in favour, none against and no abstentions (four Representatives being absent), adopted as Amendment 18 to Annex 6, Part III, the amendment to definitions and to Standards and Recommended Practices as contained in Appendix A to C-WP/13940. The Council also approved, as part of the said amendment, the amendment to Notes as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 6, Part III as contained in Appendix C to the paper. Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 104 to Annex 8 Airworthiness of Aircraft

72. The Council had for consideration C-WP/13941, which presented a proposal of the Air Navigation Commission for Amendment 104 to Annex 8. 73. In providing further information on this item, the President of the Air Navigation Commission (P/ANC) indicated that this amendment proposal related to the transfer of safety management provisions to the newly adopted Annex 19. 74. The Council by 32 votes in favour, none against and no abstentions (four Representatives being absent), adopted as Amendment 104 to Annex 8, the amendments to definitions and to Standards and Recommended Practices as contained in Appendix A to C-WP/13941. The Council also approved, as part of the said amendment, the amendment to Notes and attachments as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 8 as contained in Appendix C to the paper. Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 49 to Annex 11 Air Traffic Services

75. The Council considered C-WP/13942, which presented a proposal of the Air Navigation Commission for Amendment 49 to Annex 11. 76. By way of explanation, the President of the Air Navigation Commission (P/ANC) outlined how this amendment proposal related to the transfer of safety management provisions to the newly adopted Annex 19; aeronautical data integrity classification and levels; and, identification and delineation of prohibited, restricted and dangerous areas. The amendment proposal is based on the recommendations of the Safety Management Panel (SMP) and was developed with the assistance of the aeronautical information management study group. The proposed effective and applicability date of the amendment would be that all provisions would become effective in July 2013, and the transfer of provisions to Annex 19 would become applicable in November 2013. The cost impact regarding identification and delineation of prohibited, restricted and dangerous areas from Annex 15 to Annex 11 have not been affected so therefore there would be no financial impact. 77. The Representative of the Russian Federation drew attention to the Note accompanying paragraph 2.19 of Annex 11, which refers to guidance material for the processing of aeronautical data and

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aeronautical information. In this connection, he expressed concern that there was currently no procedure in place by which Member States could be notified of existing industry standards for the processing of aeronautical data. 78. In response, P/ANC indicated that one of the recommendations from ANConf/12 addressed this issue and that steps had already been taken to initiate a process that would deliver a formal procedure for notifying Member States in this regard. 79. The Council by 32 votes in favour, none against and no abstentions (four Representatives being absent), adopted as Amendment 49 to Annex 11, the amendment to the Standards and Recommended Practices as contained in Appendix A to C-WP/13942. The Council also approved, as part of the said amendment, the amendment to the Note as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 11 as contained in Appendix C to the paper. Subject No. 14.1.1 International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 14 to Annex 13 Aircraft Accident and Incident Investigation

80. The Council reviewed C-WP/13943, which presented a proposal of the Air Navigation Commission for Amendment 14 to Annex 13. 81. The President of the Air Navigation Commission (P/ANC) indicated that this amendment related to a definition for “contributing factors” and an amendment to the State safety programme definition; consequential amendments to Annex 13 as a result of the newly adopted Annex 19; and a review of Attachment C. He stated that the financial implications arising from this amendment would be minimal. The ANC considered that the applicability date for the amendment of 14 November 2013 would be suitable. 82. In relation to the Spanish language version of the documentation, the Representative of Spain wondered whether the definition of “contributing factors” did not provide a sufficiently strong enough distinction between “factors” and “causes”. The possible ambiguity led him to suggest that the Spanish language text be reviewed since this was a substantive point requiring clarity. Likewise, in relation to the “List of examples of serious incidents” that was outlined as Attachment C of Appendix A, the text “usable fuel on board” might need to be reviewed since it would have been preferable to more precisely refer to “remaining fuel on board”. 83. The President of the Council undertook to have the Spanish language version of the documentation reviewed in relation to the points raised. 84. The Representative of the Russian Federation also drew attention to possible editorial points contained in the “List of examples of serious incidents” contained in Attachment C of Appendix A of the documentation and specifically to the way in which “fuel quantity” was listed, which potentially lacked clarity.

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85. On this point the President of the Council stated that the Russian language version would be compared and reviewed against the English language version to ensure consistency of meaning between the language versions. 86. The Representative of Saudi Arabia wondered whether “undefined collisions” was an item that should also be included in the “List of examples of serious incidents” since this could be perceived as a significant safety issue for the relevant regulatory authorities. 87. In response, the President of the Council agreed that the Air Navigation Commission should consider this issue. 88. The Council by 32 votes in favour, none against and no abstentions (four Representatives being absent), adopted as Amendment 14 to Annex 13, the amendment to definitions and to the Standards and Recommended Practices as contained in Appendix A to C-WP/13943. The Council also approved, as part of the said amendment, the amendment to Notes and attachments as contained in Appendix A to the paper. In addition, the Council approved the Resolution of Adoption in Appendix B to the paper, and moreover, approved, as part of the said amendment, the amendment to the Foreword of Annex 13 as contained in Appendix C to the paper. 89. The meeting adjourned at 1720 hours.

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SUMMARY MINUTES OF THE FIFTH MEETING


OPEN MEETING



PRESENT:

Argentina Australia Belgium Brazil Burkina Faso Canada China Colombia Cuba Denmark Egypt France Germany Guatemala India Italy Japan Malaysia

— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. M. Da Costa (Alt.) — Mr. M. Dieguimde — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. S. Vuokila (Alt.) — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría — Mr. P.N. Sukul — Mr. A. Bardaro (Alt.) — Mr. T. Koda — Mr. Y.-H. Lim

Mexico Morocco Nigeria Paraguay Peru Republic of Korea Russian Federation Saudi Arabia Singapore Slovenia South Africa Spain Swaziland Uganda United Arab EmiratesUnited Kingdom United States

— Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Mr. J. Twijuke — Miss A. AL Hamili — Mr. P. Fleming (Alt.) — Mr. D. Woerth


Mr. C. Schleifer-Heingärtner Mr. A. Tiede (Alt.) Mr. P. Jardim (Alt.) Mr. J.L.Viera (Alt.) Mr. M. Delisle (Alt.) Mr. J. Dow (Alt.) Mr. P. Pape (Alt.) Mr. F. Zizi (Alt.) Ms. M. Furuhata (Alt.) Mr. D. Umezawa (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. A. Alaufi (Alt.) Mr. M. Fernando (Alt.) Mr. K. Ferjan (Alt.) Mr. J. Herrero (Alt.) Mr. R.A. Al Kaabi (Alt.) Mr. D. Behrens (Alt.)

― President, ANC ― Australia ― Brazil ― Brazil ― Canada — Canada ― France ― France ― Japan ― Japan ― Mexico ― Republic of Korea ― Republic of Korea ― Saudi Arabia ― Singapore — Slovenia ― Spain ― United Arab Emirates ― United States

Mr. D. Azema Ms. N. Graham *Dr. Fang Liu *Mr. I. Galán *Mr. Y. Wang Mr. R. Macfarlane *Mr. G. Brock *Mr. M. Leitgab *Dr. K. Rooney *Ms. L. McGuigan Miss S. Black

— DC/OSG ― D/ANB ― D/ADB ― D/TCB ― C/AGA ― C/IIM ― C/MET ― ADADB ― C/DGS ― DGS ― Prėcis-writer

*Part-time

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Subject No. 14.1.1: International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 11 to Annex 14 – Aerodromes, Volume I – Aerodrome Design and Operations

1. Tabled for consideration was C-WP/13944, which presented a proposal by the Air Navigation Commission (ANC) for Amendment 11 to Annex 14, Volume I, aimed at enhancing aerodrome safety and efficiency. It encompassed, inter alia, amendments consequential to: Annex 6 – Operation of Aircraft concerning a new approach classification; Annex 15 – Aeronautical Information Services relating to aeronautical data integrity and aerodrome mapping data; and new Annex 19 – Safety Management. 2. An editorial comment made by the Representative of Singapore regarding the reference to RTCA Document DO-200B and EUROCAE Document ED-76B in the new Note to Standard 2.1.5 contained in Appendix A to the paper and in the corresponding Notes in Amendment 57 to Annex 4 – Aeronautical Charts (C-WP/13948) and Amendment 37 to Annex 15 – Aeronautical Information Services (C-WP/13950), to be reviewed later in the meeting, was noted for verification and appropriate action.

3. To additional points raised by the Representative of Singapore, the President of the ANC clarified that references made in Annexes to the documents of recognized standards-making organizations were not automatically updated when new versions of those documents were published as the latter might contain new requirements. He noted that Recommendation 6/13 – Development of Standards and Recommended Practices, procedures and guidance material, paragraph c), of the Twelfth Air Navigation Conference (AN-Conf/12) (cf. C-WP/13966, Appendix A) called for studies to improve the verification and validation process required within ICAO before material developed by such standards-making organizations could be referenced in ICAO documentation.

4. While commending the Annex amendment proposal, the Representative of the United Kingdom expressed the hope that States would liberally interpret the provisions relating to runway end safety areas (RESA) and arresting systems to mitigate the consequences of a runway overrun as there could be considerable implementation costs for aerodrome operators, associated not only with the acquisition of additional land in order to meet the Standard on the RESA dimension, if that was necessary, but also with the installation of the arresting systems in cases where aerodromes could not meet the said Standard (cf. paragraph 3.1.3 of the paper). He underscored that, if a risk-based approach were taken, it could be determined that there was another alternative and that neither a RESA nor an arresting system would be necessary.

5. Noting that Amendment 11 to Annex 14, Volume I, was substantial and that further Annex 14 amendment proposals would be developed in the future, and recalling that the ANC was currently reviewing the new related Procedures for Air Navigation Services – Aerodromes, the Representative of the United Kingdom emphasized the need for a strategic plan for the development of Annex 14 in conjunction with the PANS–Aerodromes to ensure that their provisions dovetailed. He suggested that the Secretariat and the ANC collaborate thereon. 6. The Representative of Spain affirmed that that would be an interesting area to explore. Referring to the comments made by the Representative of Singapore, he underscored that, while there were commercial issues and organizational matters to be addressed, it was important and opportune to reach agreements with the various recognized standards-making organizations on including references to their material in ICAO Annexes.

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7. Responding to a query by the Representative of Spain regarding section 3.3 of the paper, the President of the ANC clarified that the removal of numeric values associated with integrity classification in favour of a qualitative description of risk and error avoidance was not a general trend for all Annexes; rather, it applied to only a few Annexes in addition to Annex 14: Annex 3 – Meteorological Service for International Air Navigation, Annex 4 – Aeronautical Charts, Annex 11 – Air Traffic Services, and Annex 15 – Aeronautical Information Services. 8. The Representative of Saudi Arabia supported the Annex amendment proposal as it enhanced the safety of aerodromes, which were in the front line of aviation operations. Noting that there had been many incidents of runway excursions and runway overruns, he stressed the need for aerodromes to conduct feasibility studies to assess the need for RESA or for arresting systems.

9. The above comments were noted by the President of the ANC and the Secretariat for future consideration.

10. The Council, by 35 votes in favour, none against and no abstentions (one Representative being absent), then adopted, as Amendment 11 to Annex 14, Volume I, the amendment to definitions and to the Standards and Recommended Practices (SARPs) as contained in Appendix A to C-WP/13944. The Council approved, as part of the said amendment, the amendment to the Notes and Attachments as contained in Appendix A to the paper. The Council also approved the Resolution of Adoption in Appendix B, and approved, as part of the said amendment, the amendment to the Foreword of Annex 14, Volume I, as contained in Appendix C. It was noted that Amendment 11 would become applicable on 14 November 2013, with the exception of those elements concerning the new approach classification, which would become applicable on 13 November 2014.

Report of ANC – Adoption of Amendment 5 to Annex 14 – Aerodromes, Volume II – Heliports

11. The Council reviewed C-WP/13945, which set forth a proposal by the Air Navigation Commission (ANC) for Amendment 5 to Annex 14, Volume II, aimed at improving heliport safety and efficiency. It included, inter alia, amendments consequential to Annex 15 – Aeronautical Information Services relating to aeronautical data integrity classification and levels. 12. The Council, by 35 votes in favour, none against and no abstentions (one Representative being absent), adopted, as Amendment 5 to Annex 14, Volume II, the amendment to definitions and to the Standards and Recommended Practices (SARPs) as contained in Appendix A to C-WP/13945. The Council approved, as part of the said amendment, the amendment to the Notes and Attachments as contained in Appendix A to the paper. The Council also approved the Resolution of Adoption in Appendix B, and approved, as part of the said amendment, the amendment to the Foreword of Annex 14, Volume II, as contained in Appendix C.

Report of ANC – Adoption of Amendment 11 to Annex 18 – The Safe Transport of Dangerous Goods by Air

13. The Council had for consideration C-WP/13946, which presented a proposal by the Air Navigation Commission (ANC) for Amendment 11 to Annex 18 originating from Recommendations 1 /2 and 1/3 of the Twenty-Third Meeting of the Dangerous Goods Panel (DGP/23) relating to requirements for State inspection systems and certain definitions.

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14. Observing that the DGP was actively studying the implications of introducing a safety management system for the transport of dangerous goods by air, the Representative of the United Kingdom expressed the hope that in the future the term “inspection system” would be replaced with the term “safety management system” in Annex 18 and related documents. 15. Noting, from paragraph 3.2.1 of the paper, that guidance material based on inspector programmes already in place in certain States had been developed and included in the 2013-2014 Edition of the Supplement to the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), and underscoring the importance of that information, especially for States, the Representative of Morocco suggested that a corresponding Note be added to Standard 11.1 in the Annex amendment material set forth in Appendix A.

16. The President of the ANC indicated that, although none of the comments received on the draft Annex amendment proposal circulated under cover of State letter 2012/13 dated 31 May 2012 had contained a request to insert such a Note, it would nevertheless be helpful, particularly for those States that currently were not fully carrying out their oversight responsibilities. He suggested, and it was agreed, that the following modified text be added as a new Note 2 to Standard 11.1: “Note 2.— Guidance on dangerous goods inspections and enforcement may be found in the Supplement to the Technical Instructions (Part S-7, Chapters 5 and 6).”. It was understood that, if approved as part of Amendment 11, a similar note would be added to the dangerous goods website.

17. Noting that not all States were familiar with the said Technical Instructions (Doc 9284), the Representative of Morocco suggested that training courses thereon be given. He also requested that the Technical Instructions be translated into Arabic. In advocating the adoption of the Annex amendment proposal, the Representative of Morocco underscored that it contained very important elements that would be audited under the Universal Safety Oversight Audit Programme (USOAP).

18. Agreeing that training courses should be offered, the Representative of Uganda emphasized that there were still some States that had not even begun to implement previous Annex 18 amendments as they lacked sufficient knowledge. Training would help them to understand how to implement those amendments, as well as Amendment 11.

19. In highlighting ICAO’s existing Dangerous Goods Training Programme, the Director of the Air Navigation Bureau (D/ANB) noted these calls for additional training. She indicated that there were a few areas where expanded training was required, including dangerous goods, and that consideration was being given to offering such training on a revenue generating basis. To a query by the Representative of India, D/ANB clarified that no provision was made in the Regular Programme Budget for training.

20. The Secretary General underscored that not only was there no budgetary allocation for training in dangerous goods or any other field of activity, there was no budgetary allocation for the post of Chief, Dangerous Goods Section (C/DGS). He indicated that this essential dangerous goods programme was not funded by the Regular Programme Budget for two reasons: there was no allocation of funds in the current Budget of the Organization for the 2011-2012-2013 triennium (Doc 9955); and the Assembly’s decision, contained in Annex 5 of Doc 9955, that a head count freeze be implemented immediately. Consequently, all DGS activities were presently funded by the Ancillary Revenue Generation Fund (ARGF). However, the Secretary General intended to propose, in his Draft Budget for the 2014-2015-2016 triennium, that the DGS posts be funded by the Regular Programme Budget through the elimination of less important activities.

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21. In emphasizing the importance of capacity-building, the Representative of Cuba recalled, from D/ANB’s introduction of Safety Week (198/4), that the rollout plan for each Annex amendment being presented for adoption in 2013 would include a component encompassing advocacy, education and training. Under the last element, the need for training would be assessed and measures taken, usually in partnership, to ensure that training was available, if required. He further noted that Recommendation 2 d) of the Filing of Differences Task Force (FDTF) (cf. C-WP/13954, Appendix A) called for the development of an implementation assistance package (guidance material, training and seminars/workshops) in parallel to the development of Standards and Recommended Practices (SARPs).

22. The Representative of Uganda voiced appreciation that the Secretary General was planning to propose the allocation of some funds for the effective management of DGS in the Regular Programme Budget for the next triennium. In sharing the views expressed by the Representative of Cuba, he encouraged the Secretary General to also highlight training in the said Budget so that the Council would have the opportunity to weigh and prioritize the various areas of activity accordingly. The Representative of Uganda suggested that, if it were not possible to cover training in the Budget, then it be provided on a cost recovery basis and not on a revenue generating basis. 23. The Council, by 35 votes in favour, none against and no abstentions (one Representative being absent), then adopted, as Amendment 11 to Annex 18, the amendment to definitions and to the Standards as contained in Appendix A to C-WP/13946. The Council approved, as part of the said amendment, the amendment to the existing Note to Standard 11.1 as contained in Appendix A to the paper, as well as the above-mentioned new Note 2 to that Standard. The Council also approved the Resolution of Adoption in Appendix B, and approved, as part of the said amendment, the amendment to the Foreword of Annex 18 as contained in Appendix C.

Report of ANC – Adoption of Amendment 76 to Annex 3 –

Meteorological Service for International Air Navigation

24. The Council reviewed C-WP/13947, which set forth a proposal by the Air Navigation Commission (ANC) for Amendment 76 to Annex 3 addressing provisions related to aeronautical meteorology, specifically, the world area forecast system (WAFS), the international airways volcano watch (IAVW), aerodrome observations and forecasts, meteorological warnings and air traffic management (ATM) requirements. It also encompassed an amendment consequential to Annex 6 – Operation of Aircraft relating to extended diversion time operations (EDTO). 25. Recalling the comments that he had made during the Council’s earlier review of Amendment 11 to Annex 14, Volume I (cf. paragraph 5 above), the Representative of the United Kingdom emphasized the need for a strategic plan for the development of Annex 3 and possibly other Annexes. He cited, in this context, Annex 15 – Aeronautical Information Services, which was being restructured in two phases over two amendments while the related Procedures for Air Navigation Services – Aeronautical Information Management (PANS-AIM) was being developed.

26. The Representative of Saudi Arabia stressed the need to ensure that meteorological information could be exchanged between aerodrome meteorological offices located at aerodromes and those located off-site.

27. While noting that the proposed Annex amendment strengthened the provisions relating to volcanic eruptions somewhat, the Representative of France expressed concern that work in that area had progressed little in the three years following the eruption of the Eyjafjallajőkul volcano in Iceland in 2010,

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which had had caused numerous severe disruptions of international air transport operations. He noted that the lack of progress was not due solely to ICAO, but also to industry and other stakeholders which had not decided to work efficiently to address the aviation problems caused by volcanic ash.

28. In concurring that little progress had been made, the Secretary General also agreed that ICAO could not do more than what its Member States and manufacturers, in particular, engine manufacturers, committed to do. He was open to any suggestions from the Representative of France or other Representatives as to how to advance in this area. 29. The Council, by 35 votes in favour, none against and no abstentions (one Representative being absent), then adopted, as Amendment 76 to Annex 3, the amendment to the Standards and Recommended Practices (SARPs) as contained in Appendix A to C-WP/13947. The Council approved, as part of the said amendment, the amendment to the Notes as contained in Appendix A to the paper. The Council also approved the Resolution of Adoption in Appendix B, and approved, as part of the said amendment, the amendment to the Foreword of Annex 3 as contained in Appendix C. It was noted that Amendment 76 would become applicable on 14 November 2013, with the exception of paragraphs 2.3.1 e) and 4.1.5.2 c) l) of Appendix 3 (Technical specifications related to meteorological observations and reports) thereto, which would become applicable on 13 November 2014.

Report of ANC – Adoption of Amendment 57 to Annex 4 – Aeronautical Charts 30. Tabled for consideration was C-WP/13948, which presented a proposal by the Air Navigation Commission (ANC) for Amendment 57 to Annex 4 that was consequential to Annex 15 – Aeronautical Information Services concerning the transition from aeronautical information services (AIS) to aeronautical information management (AIM) and the integrity of aeronautical data. 31. In underscoring the importance of the Annex amendment proposal, the Representative of Saudi Arabia stressed the need for cooperation at all levels to protect aeronautical data from corruption. 32. The Council, by 35 votes in favour, none against and no abstentions (one Representative being absent), then adopted, as Amendment 57 to Annex 4, the amendment to the Standards and Recommended Practices (SARPs) as contained in Appendix A to C-WP/13948. The Council approved, as part of the said amendment, the amendment to the Notes as contained in Appendix A to the paper. The Council also approved the Resolution of Adoption in Appendix B, and approved, as part of the said amendment, the amendment to the Foreword of Annex 4 as contained in Appendix C.

Report of ANC – Adoption of Amendment 88 to Annex 10 – Aeronautical Telecommunications 33. The Council considered C-WP/13949, which set forth a proposal by the Air Navigation Commission (ANC) for Amendment 88 to Annex 10, Volume I – Radio Navigation Aids, Volume III – Communication Systems, and Volume V – Aeronautical Radio Frequency Spectrum Utilization. The amendment to Volume I concerned the mapping of Annex 10 system performance requirements to the new approach classification in Annex 6 – Operation of Aircraft. The amendments to Volumes III and V, inter alia, encouraged migration towards the aeronautical telecommunication network (ATN)/Internet Protocol Suite (IPS) and brought the affected Standards and Recommended Practices (SARPs) in line with previous updates to Annex 10, Volume III, and the International Telecommunication Union (ITU) Radio Regulations.

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34. Highlighting the ever-increasing pressure on the aviation frequency spectrum, the Representative of Saudi Arabia encouraged all Council Representatives and Member States to actively support ICAO’s position on issues of critical concern to aviation to be considered at the important International Telecommunication Union (ITU) World Radiocommunication Conference (2015) (WRC-15) (Geneva, Switzerland, from 2-27 November 2015).

35. Observing that Note 3 to Standard 3.4.1 of Annex 10, Volume III, contained in Appendix B to the paper made reference to Doc 9896 [Aeronautical Telecommunication Network (ATN) Manual for the ATN using IPS Standards and Protocols], an unedited advance English version of which was only currently available, the Representative of the Russian Federation enquired as to when it would be published in final form in all of the Organization’s working languages. The President of the Council indicated that Representatives would be informed of the timeline for finalization and translation in due course. 36. The Council, by 35 votes in favour, none against and no abstentions (one Representative being absent), then adopted, as Amendment 88 to Annex 10, Volumes I, III and V, the amendment to the Standards and Recommended Practices (SARPs) as contained in Appendices A, B and C to C-WP/13949. The Council approved, as part of the said amendment, the amendment to the Notes and Attachments as contained in Appendices A, B and C to the paper. The Council also approved the Resolution of Adoption in Appendix D, and approved, as part of the said amendment, the amendments to the Forewords of Annex 10, Volumes I, II, III, IV and V as contained in Appendix E. It was noted that Amendment 88 would become applicable on 14 November 2013 for Volumes III and V amendments and on 13 November 2014 for Volume I amendments.

Report of ANC — Adoption of Amendment 37 to Annex 15 – Aeronautical Information Services

37. The Council commenced its review of C-WP/13950, which presented a proposal by the Air Navigation Commission (ANC) for Amendment 37 to Annex 15 addressing a number of issues associated with the ongoing transition of the operational focus of aeronautical information services (AIS) to a digitally-enabled, network-centred and service-oriented aeronautical information management system (AIM). 38. Linguistic points raised regarding the French and Spanish versions of the Annex amendment material contained in Appendix A to the paper were noted for verification and appropriate action. The Representatives of France and Argentina indicated that they would only be in a position to adopt the English version of Amendment 37 and not the French and Spanish versions, respectively, pending corrections thereto.

39. Responding to a query by the Representative of the Russian Federation, the President of the ANC clarified that the Manual on the Quality Management System for Aeronautical Information Services (Doc 9839) and the Aeronautical Information Services Manual (Doc 8126) referred to in the Annex amendment were in the process of being updated and would be available by the latter’s envisaged applicability date, 14 November 2013. Further to a suggestion by the Representative, he indicated that the State letter informing States of the adoption of Amendment 37 could mention that those documents would be available by that time.

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40. In expressing support for the Annex amendment proposal, the Representative of Colombia underscored the importance of publishing the said guidance material prior to the Annex amendment`s applicability date in order to facilitate implementation. Noting that States were responsible for the production of aeronautical information, he stressed that they should be able to recover the associated costs and benefit from its commercial use by third parties.

41. The Representative of Cuba then presented two proposals to modify the Annex amendment material which he had circulated by e-mail on 22 February 2013, together with other comments: that the objective of the guidance material referred to in the original text of the Note to former Recommendation 3.6.1 (now Standard 3.6.1) be retained and not deleted as proposed; and that new Recommendations 3.6.4, 3.6.5 and 3.6.6 be upgraded to Standards.

42. The Representatives of Spain, the Russian Federation, South Africa, Paraguay and Uganda endorsed the first proposal.

43. Referring to the second proposal, the Representative of Spain observed that there were areas where it was appropriate to first introduce a Recommendation and to later upgrade it to a Standard on the basis of experience, unless problems arose in the meantime. He presumed that the Commission had examined Recommendations 3.6.4, 3.6.5 and 3.6.6 in depth and that it was sufficient for them to be adopted as Recommendations. The Representatives of the Russian Federation and Uganda shared this view. Indicating that he did not support the second proposal at the present time, the Representative of Mexico suggested that the ANC consider the possible upgrading of the said Recommendations to Standards during the second phase of the restructuring of Annex 15.

44. The President of the ANC proposed that the said Note to former Recommendation 3.6.1 (now Standard 3.6.1), which now appeared below new Standard 3.6.3, be approved in the amended form presented in Appendix A and that a new Note be added below Standard 3.6.1. In observing that Amendment 37 represented the first phase of a two-phase effort to restructure the whole of Annex 15, he indicated that Recommendations 3.6.4, 3.6.5 and 3.6.6 might be upgraded to Standards in the future.

45. It was agreed to defer further consideration of this subject to the next meeting, when the President of the ANC would propose a new Note to Standard 3.6.1 for possible inclusion in Amendment 37 to Annex 15. Any other business Subject No. 15.4: Facilitation

Public Key Directory (PKD) Membership 46. It was noted that, in the absence of comments by 22 February 2013 to the e-mail from the President of the Council dated 8 February 2013, Mr. Rilwanu Bala Musa (Nigeria) has been appointed as a Member of the PKD Board to replace Ms. Rose C. Uzoma from January 2013 to June 2015.

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Council working paper presented for information 47. As the President of the Council has not received any requests to have the following information paper tabled for consideration, it is considered that the Council has noted the information provided therein:

C-WP/13965 — Report of the JIU entitled “Business Continuity in the United Nations

System” (JIU/REP/2011/6) — circulated under cover of PRES RK/2150 dated 18 February 2013 with a deadline of 22 February 2013 for comments.


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SUMMARY MINUTES OF THE SIXTH MEETING

(THE COUNCIL CHAMBER, FRIDAY, 1 MARCH 2013, AT 1000 HOURS)

OPEN MEETING



PRESENT:

Argentina Australia Belgium Brazil Burkina Faso Canada China Colombia Cuba Denmark Egypt France Germany Guatemala India Italy Japan Malaysia

— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. P. Jardim (Alt.) — Mr. M. Dieguimde — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. K.L. Larsen — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría — Mr. P.N. Sukul — Mr. E. Padula — Mr. T. Koda — Mr. Y.-H. Lim

Mexico Morocco Nigeria Paraguay Peru Republic of Korea Russian Federation Saudi Arabia Singapore Slovenia South Africa Spain Swaziland Uganda United Arab EmiratesUnited Kingdom United States

— Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Mr. J. Twijuke — Miss A. AL Hamili — Mr. P. Fleming (Alt.) — Mr. D. Woerth


Mr. C. Schleifer-Heingärtner Mr. M. da Costa (Alt.) Mr. J.L. Viera (Alt.) Mr. M. Delisle (Alt.) Mr. F. Zizi (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. A. Almogrhaby (Alt.) Mr. K. Ferjan (Alt.) Mr. R.A. Al Kaabi (Alt.) Mr. D. Behrens (Alt.) Mrs. P. Vera Palmés,

President, Association Affected Flight JK5022

Mr. L. Lapène, Chairperson, Filing of Differences Task Force (FDTF)

― President, ANC ― Brazil ― Brazil ― Canada ― France ― Japan ― Mexico ― Republic of Korea ― Republic of Korea ― Saudi Arabia — Slovenia ― United Arab Emirates ― United States

Mr. D. Azema Ms. N. Graham *Mr. M. Costa *Mr. H. Gourdji *Mr. R. Macfarlane *Mr. Y. Fattah *Ms. C. Kim *Mr. D. Kira Miss S. Black

— DC/OSG ― D/ANB ― C/AIG ― C/CMO ― C/IIM ― C/SAST ― SAST ― Consultant, SAST ― Précis-writer

*Part-time

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Subject No. 14.1.1: International Standards and Recommended Practices (SARPs)

Report of ANC – Adoption of Amendment 37 to Annex 15 – Aeronautical Information Services

1. The Council resumed (198/5) and completed its review of C-WP/13950, which presented a proposal by the Air Navigation Commission (ANC) for Amendment 37 to Annex 15. Further to the linguistic points raised at the previous meeting, a Corrigendum to the Spanish version of the Annex amendment had been issued. A Corrigendum to the French version would be issued shortly. 2. It was recalled that the Representative of Cuba had presented two proposals to modify the Annex amendment material which he had circulated by e-mail on 22 February 2013, together with other comments: that the objective of the guidance material referred to in the original text of the Note to former Recommendation 3.6.1 (now Standard 3.6.1) be retained and not deleted as proposed; and that new Recommendations 3.6.4, 3.6.5 and 3.6.6 be upgraded to Standards.

3. The President of the ANC provided more detailed information regarding the proposal by the Aeronautical Information Services to Aeronautical Information Management Study Group (AIS-AIMSG) to have Recommendations 3.6.4, 3.6.5 and 3.6.6 as a first step and the Commission’s agreement thereto. He emphasized that by using the Roadmap for Transition from AIS to AIM and concentrating from the beginning on the interoperability of systems and models, and at the same time, updating the guidance material to support States’ implementation, Amendment 37 and the approach taken fully addressed the Representative of Cuba’s concern to standardize data exchange models with minimum cost impacts while focusing on global interoperability. The said Recommendations gave States and industry a direction in using commonly-used and established aeronautical information and data exchange model formats while not restricting them to one single version of one model, which would have immediate cost and implementation impacts. They were subject to further work and might be upgraded to Standards in the future as formats, models and technology developed and matured and it would be possible to narrow down ICAO provisions on automation. The President of the ANC would provide Representatives’ comments to the AIS-AIMSG for consideration. He noted that the next amendment to Annex 15 en route to AIM was planned for 2016. 4. Referring to the Representative of Cuba’s first proposal, the President of the ANC suggested that the following new Note to Standard 3.6.1 be included as part of the Annex amendment in order to address his concerns: “Note.— Guidance for the development of databases and the establishment of data exchange services may be found in the Aeronautical Information Services Manual (Doc 8126). ”.

5. The Representative of Cuba expressed satisfaction with the explanation provided by the President of the ANC and voiced support for his proposed new Note. Indicating that he was also pleased with the clarification, the Representative of Spain underscored that the issue of global interoperability raised by the Representative of Cuba was an important one that should be considered further by the ANC and the AIS-AIMSG.

6. In the absence of further comments, it was agreed to add the above new Note to Standard 3.6.1 to the Annex amendment material.

7. The Representative of Egypt enquired whether the transition from AIM to AIS would necessitate, in due course, a change to the title of Annex 15. Observing that it would not be the first time that the title of an Annex had been amended, the President of the ANC indicated that the Commission would consider that issue as the transition proceeded.

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8. The Council, by 34 votes in favour, none against and no abstentions (two Representatives being absent), then adopted, as Amendment 37 to Annex 15, the amendment to the Standards and Recommended Practices (SARPs) as contained in Appendix A to C-WP/13950 [with Corrigendum No. 1 (Spanish only)]. The Council approved, as part of the said amendment, the amendment to the Notes as contained in Appendix A to the paper [with Corrigendum No. 1 (Spanish only)], as well as the above-mentioned new Note to Standard 3.6.1. The Council also approved the Resolution of Adoption in Appendix B, and approved, as part of the said amendment, the amendment to the Foreword of Annex 15 as contained in Appendix C. It was noted that the Representative of France would only adopt the French version of the Annex amendment once the required corrections had been duly made and incorporated. Subject No. 14.5: Safety oversight Subject No. 24.2: Assembly Agenda and documentation

Draft Assembly working paper – ICAO Universal Safety Oversight Audit Programme Continuous Monitoring Approach (USOAP CMA)

9. The Council considered: C-WP/13952 presented by the Secretary General, to which was attached a draft Assembly working paper providing a consolidated progress report on the activities of the USOAP, including the full-scale implementation of the CMA in January 2013 and the Council’s decision (197/4) regarding the sharing of unresolved significant safety concerns (SSCs) with the public; and an oral report thereon by the Air Navigation Commission (ANC). The ANC fully supported the proposed Assembly working paper, subject to the first sentence of paragraph 2.4 being amended by replacing the words “is in large part attributable to” with the words “will be dependent upon”. 10. During the ensuing discussion, the Representatives of Mexico, Italy, Spain and Brazil spoke in favour of this proposed change.

11. The Representative of Uganda expressed concern that the proposed language for sharing unresolved SSCs with the public would not be easily understood by the latter. He also found it difficult to see how any feedback would be useful as it would only be put through a one-year trial run on the secure website, to which the public, the eventual consumers of the information, would not have access. Otherwise, he supported the draft Assembly working paper. 12. The Chief of the Continuous Monitoring and Oversight Section (C/CMO) noted that, pursuant to the Council’s decision (197/4), the trial website had been built in such a way as to seek the comments of States for improving the proposed wording and format. It was for the civil aviation authorities to seek feedback from industry, as required, which would then be transmitted to the Secretariat for consideration. The fifteen comments received thus far were, for the most part, quite positive. C/CMO further indicated that his Section was demonstrating the trial website to Council Representatives and soliciting their input.

13. Drawing attention to paragraph 5.1 of the Appendix to the draft Assembly working paper, the Representative of France emphasized that, while he favoured coordination and cooperation in sharing safety information, it was necessary for ICAO to ensure, in its agreements with relevant international entities, some of which were private, that the shared safety information remained confidential and was not used for any purpose other than safety.

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14. In also welcoming the conclusion of such agreements with external stakeholders, the Representative of Italy underscored that the collection and exchange of safety information was crucial in ensuring, and increasing, the safety of international civil aviation. Concurring, the Representative of Spain highlighted the importance of analyzing such information and drawing conclusions as to the responsibilities of each of the entities concerned. In commending the USOAP CMA, he stressed the need to enable the Secretariat to productively manage it.

15. While expressing satisfaction with the progress made in implementing the USOAP CMA, the Representative of the United Kingdom noted that there was a lack of consistency in users’ access to the tools required for the conduct of CMA activities which were available on ICAO’s USOAP CMA Online Framework. In observing that there was also a lack of awareness of the tools’ functionalities, which changed frequently as they were further developed, he suggested that information thereon be provided to users in the form of an electronic bulletin or information notice.

16. Indicating that the CMA interactive tools had changed, becoming even more user-friendly, C/CMO recalled that a number of electronic bulletins had been issued outlining the changes and promoting the tools’ use. He underscored that guidance material was available on the USOAP CMA Online Framework which included tutorial videos on how to use the tools. Furthermore, USOAP CMA workshops were scheduled for all of the regions in the first half of 2013 in order to provide updates and hands-on training.

17. Responding to a question raised by the Representative of the Russian Federation regarding paragraph 1.1 of the Appendix, C/CMO confirmed that computer-based training (CBT) on the CMA was available free-of-charge in all ICAO languages on the public website.

18. While supporting the USOAP CMA, the Representative of Brazil suggested that the Secretariat explore ways and means of enhancing it and making it more politically effective, possibly by referring to the policy set forth in Annex 19 – Safety Management. 19. Taking into account the change suggested in the ANC’s oral report and the comments made during the discussion of the draft Assembly working paper, the Council agreed that: the first sentence of paragraph 2.4 be amended by replacing the words “is in large part attributable to” with the words “will be dependent upon”, as suggested by the ANC; and the web URL for computer-based CMA familiarization training be added to paragraph 3.4 a) and other relevant paragraphs, as suggested by the Representative of the Russian Federation. A suggestion by the Representative of Uganda, supported by the Representative of Spain, that paragraph 3.4 b) be amended by replacing the word “incentive” with a more appropriate word was noted for consideration. Proposals by the Representatives of Italy and the Representative of Spain, respectively, that a list be published of the agreements between ICAO and relevant international entities for the sharing of safety information (cf. paragraph 5.1 of the Appendix) to encourage other entities to conclude such agreements with the Organization and that a report be presented to the Council during the Winter session in 2014 on the outcome of the one-year trial run of the wording and format for informing the public of unresolved SSCs were also noted for consideration, as were other comments relating to future work on this matter.

20. Subject to the above, the Council, as recommended by the ANC, approved the draft Assembly working paper attached to C-WP/13952 as documentation for the 38th Session of the Assembly.

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Subject No. 14.4.1: Divisional-type air navigation meetings

Report of ANC – Review of recommendations of the Twelfth Air Navigation Conference (AN-Conf/12) (Montréal, 19 to 30 November 2012)

21. The Council had for consideration C-WP/13966, in which the Air Navigation Commission (ANC) presented the outcomes of AN-Conf/12 and the results of its review of the Conference’s 56 recommendations. The ANC acted under delegated authority on 48 of the recommendations and proposed action by the Council on eight recommendations, namely Recommendations 1/1, 1/3, 2/1, 2/3, 3/5, 6/1, 6/3 and 6/11. It was noted that the second sentence of paragraph 3.4 of the paper should be amended by replacing the word “193rd” with the word “199th” and that, in the Appendix, the proposed action for the Council for Recommendation 3/5 e) should be replaced with “Approve a placeholder for November 2014.” for the envisaged symposium. The President of the ANC noted, in this regard, that the Commission would monitor developments and adjust the date as necessary. It would also look into other forms of demonstrations of new air traffic management concepts, together with industry, in order to determine how the international aviation community could best be served by such demonstrations. 22. All Representatives who took the floor congratulated the Secretariat and the ANC on the successful outcome of the Conference, which would guide the technical work of ICAO in the field of air navigation capacity and efficiency for many years to come.

23. Under general comments, the Representative of Italy suggested that, in order to avoid losing momentum, the ANC draw up a list of priorities based on the AN-Conf/12 recommendations for approval by the Council. He also enquired whether there were any recommendations for Annex amendments that could be fast-tracked for adoption, as had been done for certain recommendations of the High-level Conference on Aviation Security (HLCAS) (Montréal, 12-14 September 2012).

24. In agreeing on the importance of identifying priorities, the Representative of Spain underscored the need to determine how to incorporate them in the draft Budget for the 2014-2015-2016 triennium.

25. The Representative of France, who was also the Chairperson of the Finance Committee (FIC), shared this view. Referring to paragraph 3.2 of the paper, which indicated that the addition of new tasks arising from the AN-Conf/12 recommendations might call for additional Secretariat resources, he expressed the hope that any such requirements were already reflected in the draft Budget, which had been issued two months after the Conference, in January 2013 (C-WP/13962; 198/7). Noting, from paragraph 3.3, that relatively few discussions had taken place during AN-Conf/12 on the technical content and substance of the Aviation System Block Upgrade (ASBU) modules, due to time constraints, he indicated that many elements would undoubtedly have to be further considered. There had, however, been broad support for the block approach. 26. Responding to a query by the Representative of the Russian Federation regarding paragraph 3.4 and Recommendation 1/1 b), the Director of the Air Navigation Bureau (D/ANB) noted that both the updated Global Air Navigation Plan (GANP) and the updated Global Aviation Safety Plan would be presented, in all language versions, to the Council for consideration during the next (199th) session, on the basis of reports by the ANC.

27. While endorsing the paper, the Representative of Belgium suggested that paragraph 4.3 d) of the paper (“the Council notes all recommendations that it does not approve”) be amended to reflect that

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the Council noted all recommendations that the ANC approved under delegation of authority of the Council; otherwise, it conveyed the impression that the Council rejected those recommendations that it did not approve. Drawing attention to Recommendation 2/1 c), the Representative of Belgium indicated that although he supported the implementation of the APEX in Safety Programme, given its importance for aviation safety, he wondered if it should be a priority for the Organization to participate in safety reviews as provided for in its Memorandum of Cooperation with Airports Council International (ACI), in light of ICAO’s budgetary constraints. He averred that if the Organization were to do the same for the safety programmes of the International Air Transport Association (IATA) and the Civil Air Navigation Services Organisation (CANSO), then there would not be any safety experts remaining in-house to carry out ICAO’s work. 28. Echoing these views, the Representative of France emphasized that ICAO’s undertakings with other international organizations should not overburden the Secretariat. In highlighting ICAO’s stringent budgetary constraints, he stressed the need for ICAO to be supported by other international organizations to the maximum extent possible. He proposed that, if any ICAO experts were required to participate in the said safety reviews, then ACI should be requested to cover their costs. 29. Drawing attention to Recommendation 3/5 e), the Representative of France questioned whether the new air traffic management concepts were sufficiently mature to convene a symposium “as soon as possible”. In enquiring where the symposium would be held, he wondered if it should not be convened in a place where it would be of most benefit to stakeholders. The Representative of France also stressed that the symposium should be held on a cost-recovery basis. The President of the Council noted that, as indicated by the President of the ANC, the November 2014 date for the symposium would be reviewed and adjusted, if necessary, in light of developments. 30. In voicing support for the paper, the Representative of Singapore also endorsed the suggested prioritization. He further proposed that the Secretariat provide the Council with periodic updates, in tabulated form, of the status of implementation of the ASBU Block 0 and the rollout of Block 1. Such updates could be appended to the reports on the activities of the Planning and Implementation Regional Groups (PIRGs) or of the Regional Offices.

31. Noting that the Secretariat already had plans to take such action, D/ANB recalled that ICAO’s annual Safety Report, published in electronic format, provided information on the Organization’s various safety initiatives. She noted that, by early 2014, following consultation with ICAO Regional Directors and the Chairpersons of the PIRGs and Regional Aviation Safety Groups (RASGs) on regional priorities and targets, the websites for each Regional Office would contain real-time information on the progress of implementation of such initiatives, both at the regional and global levels. That information would be available not only to the Council but also to States and other stakeholders. 32. In providing additional clarifications, D/ANB indicated that, in parallel to ongoing budgetary discussions, an ad hoc group comprising members of the Secretariat and the ANC was dealing with the prioritization of not only issues emanating from the AN-Conf/12 recommendations but also pre-existing items on the ANC’s work programme. She further noted that the Secretariat and the ANC were considering the restructuring of the various expert groups to support the work required to implement the Conference’s recommendations and expected to complete any such restructuring by early summer. It was envisaged that a paper providing information on the way forward would be presented to the Assembly.

33. Recalling comments made regarding the APEX in Safety Programme, D/ANB emphasized that it was not draining resources away from the Secretariat; on the contrary: whereas within the Universal Safety Oversight Programme Continuous Monitoring Approach (USOAP CMA), ICAO auditors only spot

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checked whether or not civil aviation authorities were regulating their air navigation services providers and airports, APEX auditors did assessments of specific airports, thus extending the work done by ICAO’s auditors and augmenting the Organization’s resources. She noted that the same was true with IATA’s Operational Safety Audit (IOSA) Programme.

34. The Representative of Nigeria underscored the need for States to be notified directly, and through the PIRGs, of those AN-Conf/12 recommendations on which they were to take action and for the Council to be informed of the implementation of the latter, as well as of those recommendations on which the Council and/or the ANC were to act. The President of the Council confirmed that the Council would be apprised of the progress of implementation of all of the Conference’s recommendations.

35. Referring to Recommendation 1/12, for which follow-up action was to be taken by the ANC, the Representative of Uganda suggested that communications experts should be invited to attend Council meetings, as observers, whenever ICAO’s position at the International Telecommunication Union (ITU) World Radiocommunication Conferences (WRCs) meetings was discussed so that they would become aware of, and support, the concerns of the international aviation community regarding protection of the aeronautical radio frequency spectrum for safety services. He also suggested that the State letter informing States of ICAO’s position regarding issues of interest to the aviation community to be considered at ITU WRCs should indicate that it would be beneficial if States’ delegations included communications experts among their representatives of aviation interests. The Representative of Uganda noted, in this context, that in his State, the authority responsible for the allocation of radio frequencies, the Communications Commission, was not involved with civil aviation. The President of the Council underscored that it would be for Representatives to invite such communications experts to attend Council meetings at which ICAO’s position at the ITU WRCs was being discussed.

36. Responding to a question raised by the Representative of Nigeria regarding Recommendation 1 /2 b), the President of the ANC indicated that the Commission envisaged having overall coordination of the various experts groups to ensure harmonization of air traffic management.

37. While endorsing Recommendation 6/13 c), the Representative of Spain reiterated that it went much further than the verification and validation process required within ICAO for referencing material developed by recognized standards-making organizations in ICAO documentation. He emphasized that it involved other issues, such as intellectual property, which also needed to be addressed in a systematic way.

38. The Representative of the Russian Federation concurred. To a question raised by the Representative regarding Recommendations 6/6, 6/7 and 6/8, the President of the ANC confirmed that the issue of multiple global navigation satellite system (GNSS) constellations and multiple frequencies for GNSS was already on the Commission’s work programme.

39. Replying to a point raised by the Representative of France regarding Recommendation 6/13 a), the President of the ANC underscored that the Commission had been working for the past year on modernizing and simplifying the procedures for its panels. Updated Directives for Panels of the Air Navigation Commission (Doc 7984) would be presented to the Council for approval in due course.

40. During the ensuing review of the said eight recommendations for which the ANC proposed action for the Council, it was agreed: with regard to Recommendation 1/1 d), that the action for the Council be amended by: adding the words “Approve and” before the word “Request”, as suggested by the

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Representative of South Africa; and inserting the phrase “taking into consideration the outcomes of ATConf/6” at the end, as suggested by the Representative of France and supported by the Representative of Spain; and that the action for the ANC be replaced with “Consider the operational implications of the financial policies developed.”, as suggested by the Representative of Spain; and with regard to Recommendation 2/1, that the action for the Council be replaced with “Note.”, as suggested by the President of the Council in light of a point raised by the Representative of France. 41. In then taking the action recommended by the ANC in the executive summary of C-WP/13966, as amended by the President of the Council in light of the discussion, the Council:

a) approved the actions proposed on Recommendations 1/1, 1/3, 2/3, 3/5, 6/1, 6/3 and

6/11 as contained in the Appendix to the paper and amended in paragraphs 21 and 40 above;

b) approved the preparation of amendment proposals to the Directives to Divisional-type Air Navigation Meetings and Rules of Procedure for their Conduct (Doc 8143) and the Directives for Panels of the Air Navigation Commission (Doc 7984), for consideration by the Council during the next triennium;

c) noted the actions to be taken by the ANC under delegated authority on the remaining

48 recommendations and the follow-up actions as contained in the Appendix to the paper and amended in paragraph 40 above; and

d) requested that the Secretary General include consideration of the outcomes of

AN-Conf/12 in the 2014-2016 organizational budget proposals, with appropriate priority to the near-term development of Standards and Recommended Practices (SARPs), Procedures for Air Navigation Services (PANS) and guidance material to support ASBU Blocks 1, 2 and 3.

42. It was noted that a number of editorial amendments suggested by the ANC to some of the Conference’s recommendations would be incorporated into the final report of AN-Conf/12 prior to its publication as ICAO Doc 10007. Subject No. 14: Subjects relating to air navigation

Approval of a policy document related to assistance to aircraft accident victims and their families

43. Tabled for consideration was C-WP/13953, in which the Secretary General presented a draft ICAO Policy on Assistance to Aircraft Accident Victims and their Families, developed by the Assistance to Aircraft Accident Victims Policy Task Force (AVPTF) pursuant to the decision taken earlier by the Council when reviewing C-WP/13829 (Recommendation of the Air Navigation Commission on a proposed amendment to Annex 13 relating to assistance to aircraft accident victims and their families) [cf. C-DEC 195/10, paragraph 4 a)]. It was recalled that in that decision, the Council had also directed the Secretary General to consider the possibility of coordinating with the International Maritime Organization (IMO) and other appropriate United Nations (UN) bodies to develop jointly a common umbrella policy that would apply in the event of any type of major accident, including aviation accidents [cf. C-DEC 195/10, paragraph 4 d)].

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44. The President of the Council warmly acknowledged the presence of Mrs. P. Vera Palmés, President of the Association Affected Flight JK5022, which was part of the Air Crash Victims Families Group (ACVFG). Mrs. Vera Palmés was representing her association, as well as others which had participated very constructively in the Task Force, particularly in reviewing the draft policy document. Her presence testified to the interest of those associations in the work of ICAO, which the Organization very much appreciated.

45. The Secretary General expressed gratitude to all those who had assisted the Secretariat in undertaking the challenging work of developing the draft ICAO Policy on Assistance to Aircraft Accident Victims and their Families. He thanked, in particular, the Representative of Spain, Mr. V.M. Aguado, who had chaired the Task Force and accomplished the AVPTF’s assignments in a very short timeframe, paving the way for him to report to the Council during the present meeting and for the Council to report, in turn, to the 38th Session of the Assembly in September/October 2013.

46. In providing additional background information, the Chairperson of the AVPTF noted that the Task Force had comprised experts from many different fields and places: Australia, Brazil, Canada, China, France, India, Japan, Poland, Republic of Korea, Singapore, South Africa, Spain and the United States. Some of the Members had represented aircraft accident investigation organizations, which was the case for France and the United States. The Task Force had also included representatives from aircraft accident victims and aircraft accident victims’ families associations from Brazil, France, Spain and the United States, who had been coordinated through the ACVFG. The latter had taken part in other ICAO events as an observer. There were also experts from international organizations such as the International Air Transport Association (IATA), the International Federation of Air Line Pilots’ Associations (IFALPA) and the International Federation of Air Traffic Controllers’ Associations (IFATCA). The Task Force had also included two experts from the European Commission. In addition, the Airports Council International (ACI) had been consulted regarding the draft policy document. 47. The Chairperson of the AVPTF voiced appreciation to each and every Member of the Task Force, and to the staff of the Air Navigation Bureau (ANB), in particular, the Director (D/ANB) and the Chief of the Accident Investigation Section (C/AIG). He also expressed thanks for the active participation and commitment of the aircraft accident victims and aircraft accident victims’ families associations from many States.

48. The Chairperson of the AVPTF noted that the draft policy document was not perfect and would have to evolve over time and with experience. The Task Force had reached unanimous agreement on the text, which contained a set of recommendations that would greatly facilitate States’ readiness in responding to aviation accidents. He underscored that the draft policy document was not regulatory in nature and did not introduce any Standards or Recommended Practices (SARPs) into the Annexes to the Convention on International Civil Aviation; rather, it was a document that was based on cumulative experiences and knowledge of the regulatory circumstances of various States and made a number of recommendations to the Council. Once approved, the policy document, and any future amendments thereto, would be published under the Council’s authority. Indicating that the next step would be to submit the policy to the 38th Session of the Assembly, the Chairperson of the AVPTF suggested that it be accompanied by a proposal to update Assembly Resolution A32-7 (Harmonization of the regulations and programmes for dealing with assistance to victims of aviation accidents and their families). The action proposed in the executive summary of C-WP/13953 should be amended accordingly. Following consideration by the Assembly, the policy document would be published in the Organization’s six official languages. At the same time, the Secretary General would proceed with the updating of Circular 285 (Guidance on assistance to aircraft accident victims and their families), which would maintain its character of guidance material.

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49. The Chairperson of the AVPTF recalled that there were other matters that had arisen during the Task Force’s discussions which were not formally covered in the policy document appended to C-WP/13953 and which could be presented in the form of three questions. The first question was would the policy document apply to victims of an act of unlawful interference. The Task Force had foreseen the difficulty of using, in the policy document, a different definition of the term “accident” than the one contained in Annex 13 – Aircraft Accident and Incident Investigation. The Secretariat had been consulted and had confirmed that the existing definition was sufficiently broad and did not require an amendment at this time.

50. The second question that had arisen was would the policy document apply if there were an accident involving passengers who were being transferred by ground transport, normally between airports or between an airport and a train station, but under the responsibility of the airline that had sold them the tickets. The answer was that that type of accident was not encompassed by the current ICAO definition of the term “accident”. Thus strictly speaking the policy document would not be applicable. The Task Force had not seen a need to examine this issue in greater depth at the present time.

51. The third question was, in accordance with Assembly Resolution A32-7, and even though the Council had not considered it necessary to introduce a provision in Annex 13, would it not be appropriate to consider other Annexes. This question had previously been raised in the Council on 16 March 2012 (195/10). As Chairperson of the AVPTF, he had consulted the Air Transport Bureau (ATB) and the Legal Affairs and External Relations Bureau (LEB) regarding the possibility of including a provision in Annex 9 – Facilitation. On the basis of their exchange of views, that might be possible, in principle. The Chairperson of the AVPTF noted that any proposal to so amend Annex 9 would require review by the Air Transport Committee (ATC) before presentation to the Council for adoption. He emphasized that, if that course of action were agreed upon, then it would be wise to initially introduce the provision as a Recommended Practice before proceeding with the introduction of a Standard.

52. In conclusion, the Chairperson of the AVPTF recommended that the Council approve the draft ICAO Policy on Assistance to Aircraft Accident Victims and their Families as presented in C-WP/13953, and that the action proposed in the executive summary of the paper be amended to request the Secretary General to present for the Council’s consideration during the next (199th) session a draft Assembly working paper on this subject, which would include a draft Assembly Resolution updating Resolution A32-7. As the Representative of Spain, he supported the draft policy document, as did all other Representatives who took the floor during the ensuing discussion.

53. The Representatives of Argentina, Brazil, Mexico, France, Cuba, Nigeria, Denmark, Peru, Paraguay, Belgium and Slovenia also endorsed the proposal to update Assembly Resolution A32-7.

54. The Representative of Argentina noted that the various aircraft accident victims associations had been relentlessly waging a battle for the provision of assistance to victims and their families for the last thirty years. He stressed the need for ICAO to focus its work on that issue and to keep pace with developments so that it could continue to effectively address it in future. As a lawyer, the Representative of Argentina was aware that every document was infinitely perfectible. However, it was necessary to first give a document life. It would then become a living document that would evolve over time. He spoke in favour of sending the policy document to appropriate UN organizations for consideration as a basis for the development of other similar documents on family assistance, as indicated in paragraph 3.1 of the paper, and of including a Recommended Practice and later a Standard in an appropriate Annex.

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55. In agreeing with the Chairperson of the AVPTF that work remained to be done, the Representative of Brazil supported his comments on how to make the recommendations contained in the draft policy document even more effective. 56. Noting that the said recommendations were very useful for States, inter alia, the Representative of the Russian Federation indicated that consideration should be given to including a related provision in Annex 13. He favoured incorporating a Recommended Practice initially and later upgrading it to a Standard.

57. The Representative of Australia noted that the draft policy addressed the issues succinctly and the essence of a family assistance programme. In particular, it recognized that States should be allowed the flexibility in the way they may choose to implement such a programme so that it best fits their own circumstances, whether it be through regulation, quasi regulation or by government policy. She recalled that when this matter had previously come before the Council (C-WP/13829; 195/10), she had supported the proposal of the Air Navigation Commission (ANC) that the contents of Circular 285 form the basis of a policy document. The ANC’s intention had, in fact, been that separate documentation would not be needed, and that both the policy and guidance should be included in a single Council policy document. The AVPTF, however, had not produced such a document, leaving without status updated Circular 285, which had been developed before the Task Force’s formation. On that basis, the Representative of Australia supported the Chairperson’s suggestion to release it after the publication of the policy document in order to complete the Council’s obligations under Assembly Resolution A32-7. 58. In relation to the possible inclusion of a Standard or Recommended Practice in Annex 9, the Representative of Australia concurred that the definition of SARPs was of a more general nature for that Annex and might allow for such inclusion. Notwithstanding, it was still necessary to proceed with caution as placing a SARP in Annex 9 would not necessarily address the risk that had been raised previously (195/10) of adversely affecting the independence and effectiveness of accident and incident investigations. Furthermore, it would not be wise to proceed with consideration of that matter until the work of the Safety Information Protection Task Force (SIP TF) was completed and there was clarity around its implications for information sharing and use as it related to all relevant parties, including aircraft accident victims and their families. In any case, the proposed wording of any such SARP would need to be consistent with the policy document, so as to allow the flexibility of implementation as contemplated therein, and with ICAO’s transition to a performance-based approach to SARPs, so that specific reference to the term “regulation” was not necessarily required in a SARP. The Representative of Australia supported the Chairperson’s proposal that if, in future, a SARP was indeed agreed to in Annex 9, then it should, in its first instance, be a Recommendation. 59. In agreeing to the course of action proposed by the Chairperson of the AVPTF, the Representative of Mexico suggested that the ATC, through its Facilitation Panel (FALP), consider the possibility of enhancing the provisions in Annex 9 and Circular 285 relating to assistance to aircraft accident victims and their families. The Representative of Slovenia endorsed this proposal. 60. The Representative of Japan noted that his State, as a member of the Task Force, fully supported the approval of the draft policy document. Japan had been tackling this important theme, not only for aviation accidents but also for railway and maritime accidents, considering how the government and every operator and other third parties should assist the accident victims and their families in cooperation with each other. Recalling that in April 2012 the Ministry of Transportation of Japan and the Japan Transport Safety Board had each established a special liaison office dealing with this matter, he noted that their officials had been assisting and expanding activities. The Representative of Japan had

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been informed that the most useful and valuable reference material for them was ICAO Circular 285, which was the origin of the new draft policy document. Japan congratulated all concerned on the historic issuance of the ICAO policy document and hoped that all States would, as soon as possible, develop a framework to assist aircraft accident victims and their families based thereon.

61. Recalling that the Task Force Member from his State had suggested measures exceeding those under discussion by the AVPTF, the Representative of India noted that they had not been included in the draft policy statement as they had been considered to be outside the ambit of the Task Force’s mandate. In underscoring that the crux of the matter was the compensation to be paid to the aircraft accident victims and their families, he noted that it was governed by the Convention for the Unification of Certain Rules for International Carriage by Air (Montréal, 28 May 1999) and States’ corresponding national legislation. It was proof of the loss of life that formed the concept of the amount of compensation that should be awarded and was the root cause of disputes. Underscoring that courts interpreted that concept differently and that States likewise legislated it differently, the Representative of India emphasized the need for ICAO to monitor how it was being implemented and provide clarification, if necessary. 62. The Representative of France agreed with the responses to the first two questions mentioned by the Chairperson of the AVPTF. Referring to the third question on the possible introduction of a provision in Annexes other than Annex 13, he underscored that there was a risk that the result would be contrary to what was sought. The Representative of France averred that upgrading the text of, for example, an Assembly Resolution, to the level of a Standard in an Annex would inevitably diminish the text’s significance as it was more difficult to reach agreement on a regulatory text than on a resolution and it would likely be necessary to compromise on the language. He would not wish the text of the policy document to be in any way diminished.

63. Noting that the policy document’s scope of applicability went beyond the field of civil aviation, the Representative of France advocated a cautious approach to upgrading it to a Standard as that might not significantly improve implementation. In stressing the need to ensure that the Annexes were limited to the objectives of the Convention on International Civil Aviation, he noted that certain elements of the draft policy document went beyond the latter’s realm and therefore could not be included in an Annex. The Representative of France was not saying that aircraft accident victims and their families should not be assisted to the maximum extent possible; rather, he was emphasizing that the Council should not take decisions that were counterproductive.

64. The Representative of Colombia considered that the proposed policy document validated ICAO’s human dimension as ultimately the Organization wished to ensure respect for passengers, especially in tragic circumstances when they required assistance. He encouraged the continuation of the work to produce a Recommended Practice and later a Standard for inclusion in an appropriate Annex, possibly Annex 9. Sharing the views expressed by the Representative of India, the Representative of Colombia stressed the need to make the means of providing assistance and compensation to aircraft accident victims and their families more practical. 65. The Representative of Uganda underscored that the draft policy document gave the Council the opportunity to continue the safety process. He agreed with the Chairperson of the AVPTF that it was a dynamic document that would evolve with experience. In affirming that the situation would improve if a related Standard were included in Annex 9, the Representative of Uganda indicated that the policy document could either remain in its present form or be transformed into guidance material to facilitate implementation of such a Standard.

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66. The Representative of Uganda maintained that, although the Task Force had concluded that it was not necessary to further consider the case of an accident involving passengers being transferred by ground transport, ICAO could play an important role in addressing that issue, even if it were necessary to work in coordination with other organizations. He noted, in this context, that many airlines connected passengers between airports via buses and trains and that, as far as passengers were concerned, they were still “in flight” until they reached their destination. In underscoring that ICAO should continue to help the various aircraft accident victims and aircraft accident victims’ families associations form one main association, similar to IFALPA, he emphasized that they would have a stronger voice with which to express their concerns. Moreover, it would be easier to provide assistance to victims and their families. 67. The Representative of Nigeria suggested that when States were informed of ICAO’s new policy document, their attention should be drawn to the fact that Circular 285 was still in force and was being updated. He also indicated that the Secretariat and the relevant panels, such as the FALP, should monitor the implementation of the policy document and compile States’ best practices to enable the Council to take an informed decision regarding the possible inclusion of a related provision (e.g. Standard, Recommended Practice, Attachment or Appendix) in an appropriate Annex.

68. The Representative of Italy observed that the large number of Representatives who had taken the floor demonstrated that ICAO cared for those who had lost their lives or loved ones in the process of the development of civil aviation. In voicing support for the draft policy document, he noted that it gave a role and assigned tasks to all of the actors involved in such sad and difficult circumstances. The Representative of Italy had only one point that he wished to raise but which did not affect his support. Observing that the accounts of aircraft accident victims and their relatives were sometimes blocked, he underscored the need to better define, in the section entitled “Timeliness of family assistance”, which actor could step in immediately after an accident to provide assistance. The Representative of Italy also spoke in favour of including a related SARP(s) in Annex 9.

69. The Representative of Germany underscored that, as it was not possible to ensure aviation safety 100 per cent of the time, it was even more necessary that fast and efficient assistance be given to those who were directly affected by a tragic aircraft accident. He emphasized that since such accidents happened all over the world and passengers were of different nationalities, it was necessary to have effective, comprehensive and, if at all possible, harmonized provisions in place in such situations. The Representative of Germany was of the view that the draft policy document provided valuable guidance in developing comprehensive family assistance programmes to ensure that States, aircraft and airport operators, as well as third parties concerned, could deal with the short-, medium- and long-term effects of aircraft accidents. He was supportive of looking further into its possible eventual upgrading to a Recommended Practice, with the cautionary notes put forward by the Representatives of Australia and France, inter alia. 70. The Representatives of the United States, Belgium and Canada supported the draft policy document with the said cautionary tones regarding further work on a related SARP. In so doing, the Representative of Canada emphasized the need for flexibility in dealing with this important humanitarian issue.

71. In also aligning himself with the comments made by the Representatives of Australia and France, the Representative of the United Kingdom agreed with the Chairperson of the AVPTF that there was more work to be done. He noted, in this regard, some editorial amendments and inconsistencies, including the omission of the term “family” from the glossary appended to the draft policy document. The Representative of the United Kingdom conceded that the term was probably omitted for a very good

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reason, namely, its legal complexity. He suggested that an explicit statement be added to the draft policy document indicating that nothing contained therein should hinder the independence of accident and incident investigations.

72. The Representative of Saudi Arabia affirmed that ICAO was the most appropriate organization to set a policy for the provision of assistance to aircraft accident victims and their families as it established SARPs for accident and incident investigations. Underscoring that a legal basis was necessary to ensure that the requisite assistance was provided to all such victims and their families, he advocated the inclusion of a Standard thereon in Annex 9.

73. The Representatives of Morocco, Denmark, Peru, Paraguay, Swaziland, Malaysia, Singapore and the United Arab Emirates also voiced support for the draft policy document, with the Representative of Paraguay stressing the importance of obtaining feedback from States and other stakeholders on its implementation so as to facilitate an analysis thereof in the future. She underscored that some of the measures contained in the draft policy document could be transformed into Recommended Practices.

74. The Representative of Singapore underscored that such feedback would assist in determining whether or not there was a need for a SARP. He observed, in this regard, that the policy document might prove to be sufficient. The Representative of Singapore shared the concern expressed by the Representative of Australia that if it were decided to include a SARP in Annex 9, then it should not inadvertently affect the provisions of Annex 13.

75. In supporting the eventual inclusion of a related SARP(s) in the relevant ICAO Annex, the Representative of Malaysia expressed the wish that it would, in time, become an obligation for States to develop and implement regulations to provide assistance to aircraft accident victims and their families. It was his hope that such work would be expedited as a priority of ICAO.

76. On behalf of the Council, the President voiced appreciation to the Chairperson and Members of the Task Force for their excellent work, which had resulted in a draft ICAO Policy on Assistance to Aircraft Accident Victims and their Families that was strongly supported by Representatives. 77. In then taking the action indicated in the executive summary of C-WP/13953, as amended by the President of the Council in light of the discussion, the Council:

a) unanimously approved the draft ICAO Policy on Assistance to Aircraft Accident Victims and their Families appended to the paper and authorized its immediate publication as ICAO Doc 9998; and

b) requested the Secretary General to present for the Council’s consideration during the next (199th) session a draft Assembly working paper on this subject, which would include a draft Assembly Resolution updating Resolution A32-7 (Harmonization of the regulations and programmes for dealing with assistance to victims of aviation accidents and their families) and reflecting comments made regarding possible actions to be taken by the Council and the Secretariat in the future.

78. It was noted that, further to the Council’s said directive, the ICAO Policy on Assistance to Aircraft Accident Victims and their Families would be sent to appropriate UN organizations directly involved with other modes of transportation for their due consideration.

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Subject No. 14.1.1: International Standards and Recommended Practices (SARPs) Subject No. 16: Legal work of the Organization

Report on the comprehensive study on issues regarding the filing and publication of differences

79. The Council considered information paper C-WP/13954 (with Corrigendum No. 1), in which the Secretary General reported on the main outcome of the comprehensive study undertaken by the Filing of Differences Task Force (FDTF) as it pertained to: known issues in respect of the notification and publication of differences; and recommendations made by the FDTF and corresponding actions being taken by the Secretariat. 80. In providing supplementary information, the Director of the Air Navigation Bureau (D/ANB) noted that, despite the Organization’s past efforts, more than 70 per cent of Member States audited under the Universal Safety Oversight Audit Programme (USOAP) had been found to be not satisfactory in fulfilling the requirements relating to the notification and publication of differences. In view of the importance of this matter, the Secretary General had established the FDTF in 2011. The Task Force had identified the main issues that caused the low level of compliance with the requirements of Article 38 (Departure from international standards and procedures) of the Convention on International Civil Aviation and Annex 15 – Aeronautical Information Services and made a number of recommendations, which were set forth in Appendix A to C-WP/13954. As the paper outlined, the Secretariat had already started to implement those recommendations calling for action by ICAO and would soon issue a State letter soliciting States’ views on salient points, for subsequent study. While C-WP/13954 was an information paper, the Council would consider, during its next (199th) session, a proposal for amendments to existing Resolutions on the formulation and implementation of Standards and Recommended Practices (SARPs) which was a direct result of the FDTF’s findings. In then introducing the Chairperson of the FDTF, Mr. L. Lapène, D/ANB thanked him for the excellent work that he had done in chairing the Task Force dealing with this very complex issue of the notification and publication of differences.

81. The Chairperson of the FDTF underscored that the adoption of regulatory provisions for international civil aviation was one of the key functions of ICAO. The notification of differences process, governed by Article 38 of the Convention on International Civil Aviation had been at the core of that system for close to 70 years. Reflecting the wide diversity of national circumstances around the world and taking into account the need for a safe and efficient international civil aviation system, Article 38 constituted a balanced system in which States that found it impracticable to comply with an international standard or deemed it necessary to adopt different provisions could do so, on condition that they give immediate notification to the international community. Unfortunately, the system for the notification and publication of differences had not always functioned as intended. The comprehensive study requested by the ICAO Council (195/4) and carried out by the Secretariat with the support from the FDTF shed light on the various causes of this situation. 82. Some of the causes pointed to ICAO, such as: its inconsistent and/or insufficient guidance; frequent Annex amendments; Annex provisions that were difficult to understand and interpret; and delayed and outdated paper-based Supplements of Annexes. The FDTF believed that ICAO should make the notification of differences process as simple and straightforward as possible for States, utilizing, as necessary, modern systems such as the Electronic Filing of Differences (EFOD) system, which: saved States time on in-house tasks; offered the possibility of online publication, in real-time, of Supplements; gave management access to monitoring statistics; and, in the future; would include an online validation

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feature for the immediate and efficient notification of differences. However, ICAO could assist States only so much. It was for States to determine themselves whether it was possible for them to comply with a given ICAO Standard or if it were necessary to depart therefrom, to issue national regulations, and to describe clearly and concisely their differences.

83. The comprehensive study had also identified a number of causes relating to States: lack of effective internal procedures for the notification of differences; lack of personnel familiar with national and ICAO provisions and the requirements of the process for the notification of differences; and lack of commitment on the part of States to notify differences properly.

84. The system for the notification of differences was at the heart of ICAO’s rule-making process. Requiring that the international community be notified of any departures from international civil aviation standards did not seem to be an excessive demand and could even assist States and their officials in taking better ownership of national regulations. The comprehensive study that the ICAO Council had wisely requested reviewed issues relating to the notification and publication of differences and identified possible solutions.

85. In the course of the ensuing discussion, all Representatives who took the floor expressed appreciation for the excellent work done by the Secretariat and the FDTF.

86. The Representative of Uganda indicated that it would have been preferable for the paper to have been issued as a working paper and not an information paper as it contained fundamental recommendations by the Task Force. He hoped that, in the future, the Council would be able to consider, in greater depth, the recommendations and consequent improvements in the notification and publication of differences. Referring to FDTF Recommendation 2, the Representative of Uganda suggested that it be amended to include a reference to Assembly Resolution A37-15 (Consolidated statement of continuing ICAO policies and associated practices related specifically to air navigation). He further suggested that consideration be given to extending the type of analysis done for the notification and publication of differences to compliance with all SARPs in order to determine the reasons for States’ non-implementation.

87. In affirming that the FDTF’s recommendations were valuable for the effective and timely filing of differences, the Representative of the Republic of Korea welcomed the actions being taken by the Secretariat. He also expressed a desire to be informed of any further progress at a later stage, as did the Representative of Cuba. 88. Recalling the comment that he had made earlier during the discussion of C-WP/13952 [Draft Assembly working paper – ICAO Universal Safety Oversight Audit Programme Continuous Monitoring Approach (USOAP CMA)] (cf. paragraph 15 above), the Representative of the United Kingdom reiterated the importance of informing States, in a timely manner, whenever useful safety tools such as the EFOD system were updated. He averred that electronic bulletins were not issued in a sufficiently timely manner. The Representative of the United Kingdom underscored the need to consider, sooner rather than later, the issue of maintaining the EFOD system given the rapid advances in technology. 89. The Representative of Italy agreed with the Task Force’s comments and Recommendations, in particular that insufficient cooperation from States was an important issue that should be addressed. In emphasizing that more work should be done to motivate States to cooperate and comply with the requirements of Article 38 of the Convention on International Civil Aviation and Annex 15, he suggested that one of the ways that could be explored was the simplification of those requirements through, for example, a reduced checklist and prioritization and aggregation of the more important topics.

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The Representative of Italy noted, in this regard, that the sheer volume of the non-compliance was sometimes a problem in itself. He also underscored the need to consider coordination with other ways of signalling differences to ICAO SARPs which affected aviation safety, such as States’ Aeronautical Information Publications (AIPs).

90. While welcoming the concrete measures being taken by the Secretariat to implement the FDTF’s recommendations, the Representative of Cuba emphasized that further action could be taken. He understood, however, that there were budgetary constraints.

91. In also endorsing the FDTF’s comments and recommendations, the Representative of Slovenia highlighted the lack of staff resources with technical and legal knowledge which had been identified as an issue in the notification and publication of differences. He noted, from the well-organized ICAO workshops on the EFOD system, that the problem was not so much implementing SARPs than notifying differences to the Organization. Although aware that it was States’ responsibility, under Article 38 of the Convention on International Civil Aviation, to file their differences, the Representative of Slovenia agreed with the Representative of Italy that ICAO should motivate States to do so. In suggesting that the Organization assist them in providing the required information more effectively, he indicated that the best way would be to issue a State letter on this very serious issue as soon as possible.

92. The Representative of Mexico voiced support for the Task Force’s recommendations, as well as for the EFOD system. In underscoring the latter’s relevance, he noted that it would be impossible for ICAO, with its limited resources, to process the large volume of differences without it. States faced the same situation, in addition to the other problems that had been identified by the FDTF. The Representative of Mexico emphasized the need for the Secretariat to be flexible in implementing the measures set forth in the Appendix to the paper and to take into account States’ constraints. He also suggested that consideration be given to a risk-based approach to the notification of differences as some might be more safety-sensitive than others. Noting that SARPs were amended frequently and quickly, the Representative of Mexico further suggested that the Secretariat consider establishing, within the programme to assist States in the implementation of SARPs, a mechanism to help them build capacity for the filing of differences using the EFOD system. 93. Expressing support for the initiatives to increase transparency described in the Appendix to the paper, the Representative of Saudi Arabia indicated that it would also be useful to have a graph depicting those areas which had been the subject of differences. The areas which had the highest number of differences could then be considered with a view to providing targeted assistance.

94. Commending the work done by the Secretariat and the FDTF, the Representative of Colombia encouraged them to continue their efforts to facilitate and simplify the notification and publication of differences. He endorsed the comments made by the Representatives of Italy and Mexico in that regard. The Representative of Colombia emphasized that the Task Force’s findings should be used to determine how to draft SARPs that were easier for States to implement and to target assistance more effectively, possibly through the Regional Offices. The Representative of Colombia urged States to comply with Article 38 of the Convention on International Civil Aviation, even though it was not always easy to do so.

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95. In expressing appreciation for the comments made, which reflected the Council’s high degree of interest in this subject, the Chairperson of the FDTF indicated that it would be useful to consider how to further motivate States to notify and publish their differences and the resources involved. While recognizing that the importance of the issue of prioritization, one on which the Task Force had not made a recommendation, he stressed the need for caution as the Convention on International Civil Aviation did not distinguish between Standards. 96. The Council then noted C-WP/13954 (with Corrigendum No. 1), on the understanding that the Secretariat would continue working on this highly important issue of the filing and publication of differences. 97. The meeting adjourned at 1300 hours.

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SUMMARY MINUTES OF THE SEVENTH MEETING

(THE COUNCIL CHAMBER, MONDAY, 4 MARCH 2013, AT 1430 HOURS)

OPEN MEETING



PRESENT:




— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Mr. J. Twijuke — Miss A. AL Hamili — Mr. M. Rodmell — Mr. D. Woerth


Mr. C. Schleifer-Heingärtner Mr. M. da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. J.L. Viera (Alt.) Mr. M. Delisle (Alt.) Mr. D. Blanco Carrero (Alt.) Mr. P. Pape (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. J. Iglesias Villoz (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. D.V. Subbotin (Alt.) Mr. A. Almoghraby (Alt.) Mr. M. Fernando (Alt.) Mr. I. Ferjan (Alt.) Mr. R.A. Al Kaabi (Alt.) Mr. J.L. Novak (Alt.)

― President, ANC ― Brazil ― Brazil ― Brazil — Canada ― Colombia ― France ― Japan ― Mexico ― Paraguay ― Republic of Korea ― Republic of Korea ― Russian Federation ― Saudi Arabia ― Singapore ― Slovenia ― United Arab Emirates ― United States

Mr. D. Azema Ms. N. Graham Dr. Fang Liu Mr. B. Djibo Mr. R. Bhalla Mr. L. Cherif Mr O. Myard Mr. J. Weich Mr. R. Macfarlane Mrs. K. Balram Mr. I. Fuller Mr. H. O’Donnell Mr. O. Fabrici Mrs. D. Rahmani Mr. M. Leitgab Mr. A. Larcos

— DC/OSG ― D/ANB — D/ADB — D/ATB ― C/FIN ― C/LPB ― C/EAO — DD/HR-ADB ― C/IIM — C/SEA ― Ethics Officer ― C/RGA ― C/RDM ― DMO — ADADB ― ACS

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Subject No. 13: Work programme of Council and its subsidiary bodies

Report of ANC – ANC work programme for the 193rd Session 1. The Council had for review C-WP/13955, in which the Air Navigation Commission (ANC) presented its proposed work programme for the 193rd Session, for approval, and its proposed work programmes for the 194th and 195th Sessions, for information. 2. Observing that the proposed work programme contained a comprehensive list of items, the President of the Air Navigation Commission (P/ANC) indicated that the items for consideration at the 193rd Session carried a focus on the preparations for the 38th Assembly. The work programme would also include items related to the Global Air Navigation Plan (GANP) and the Global Aviation Safety Plan (GASP) as well as preliminary reviews of proposed amendments to Annexes and Procedures for Air Navigation Services (PANS). He observed that it was an ambitious work programme, which would require the commitment of all ANC resources in order to accomplish. 3. The Representative of the Russian Federation sought clarification on why an item in the proposed work programme that related to a policy on financing future air navigation systems was being addressed to the Technical Commission. He had thought that the Economic Commission might have been a more appropriate entity to consider this particular issue. 4. By way of explanation, P/ANC confirmed that this item was being dealt with as a combined issue in order to address the varying and interdependent nature of the issue and which would require inputs from different parts of the Secretariat. 5. In welcoming the ambitious nature of the proposed work programme, the Representative of Saudi Arabia congratulated ANC for the work that had been undertaken to date and wished them every success in the future. 6. The Representative of Australia observed that the current ANC work programme did not seem to envisage a draft of the GASP being presented for consideration. Given its significance as a strategic planning document, she wondered whether States would nevertheless be offered an opportunity to review the GASP before it was presented to the Assembly. 7. In response, P/ANC explained that given time constraints it had not been possible to circulate the GASP to Member States via a State Letter in the period leading to the Assembly session but that this did not preclude the document being circulated to States in the future. 8. On this same issue relating to States having an opportunity to review and comment on documents such as the GANP and the GASP, the Representative of the Russian Federation suggested that one option might be for Member States to present a working paper to the Assembly in which their views were outlined. 9. The Council then approved the ANC work programme for the 193rd Session, as contained in Appendix A to C-WP/13955.

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Subject No. 11.5: Documentation policy and practices

Report on the review of ICAO language service requirements 10. The Council had for consideration C-WP/13932 (Revision No. 1), in which the Secretary General presented proposals for the optimization of language service resources. The information presented in the paper took into account the previous relevant decisions of the Council (C-DEC 197/7), and the recommendations of the Working Group on Governance and Efficiency (WGGE), as well as the review by the Council Committees and the Air Navigation Commission on their need for translation and interpretation services for the 2014-2016 triennium. 11. It was recalled by the President of the Council that at the previous (197th) Session, the Council had requested the various Council Committees and the Air Navigation Commission to review their requirements and those of their working groups and panels, for interpretation and translation services, taking into consideration relevant rules and regulations and the current budget exercise; and present concrete proposals, as applicable, for the optimal utilization of those language services for the Council’s consideration during this (198th) Session (C-DEC 197/7 refers). 12. The Representative of Cuba stated his opposition to any proposal to reduce interpretation posts. Given the increase in demand for language services any reduction in capacity would have a negative impact on services. Moreover, the multilingual environment in which ICAO operates was a fundamental principle of the United Nations system. If savings needed to be made, there were other areas that ought to be considered. It was a matter of concern to him that other decisions that carried financial implications, such as the creation of new high-level posts in the Bureau of Administration and Services (ADB) were not brought for prior approval to Council. He wondered why funds were found for the creation of such posts when the provision of language services was under threat. His delegation intended to submit a working paper on this item to the Assembly that would outline Cuba’s position in this regard. 13. In referring to the recommendations outlined in paragraph 6 the working paper, the Representative of Denmark indicated that he was in agreement with the general tenor of the proposals. 14. The Representative of Mexico stated that there should be some flexibility in the overall approach on this item. In his view a number of the recommendations would not deliver significant savings and should be revisited while other recommendations lacked clarity and needed further detail before deciding on a case by case basis. Moreover, he would prefer to avoid prescriptive rules about length and word count although there could be general guidance aimed at producing concise documents. In relation to cost-recovery objectives for seminars and workshops, he reminded the Council that many of these are for the benefit of Member States so there would need to be some flexibility on how this was implemented. 15. In concurring with the interventions from the Representatives of Cuba and Mexico, the Representative of the Russian Federation stated that the recommendations contained in the working paper represented a reduction in services. This was disappointing since he had expected the document to outline options for the optimization rather than minimization of services. He specifically rejected any proposal that would lead to a reduction of language services and reminded the Council that decisions it had made in 2007 in relation to language services had resulted in a negative impact on quality, which ought to be avoided. There should be no further negative impact on the language services. 16. In relation to the recommendations on language services, the Representative of Cameroon observed that these could potentially affect the principle of equity among Member States. This was

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especially the case if the suggestion to discontinue the requirement for the simultaneous distribution of documents in all languages was carried through. When it came to manuals and circulars this would indeed have a significantly adverse impact for States where English was not the mother tongue since these documents, which are vital for gaining an understanding of the necessary implementation requirements, might be distributed up to 120 days later in the other languages. He stressed the importance of retaining the requirement for simultaneous distribution of documentation in all languages. 17. The Representative of Italy welcomed the recommendations contained in the working paper that were aimed at achieving cost savings in the provision of language services. He said that the proposals were on the whole, balanced and reasonable. 18. In similarly welcoming the general approach of the recommendations contained in the working paper, the Representative of France stated that in conjunction with its ongoing focus on this issue, the WGGE should be requested to report on areas where there was potential duplication of effort between the Council and the Committees. 19. The Representative of Spain observed that the recommendation to discontinue the simultaneous distribution of manuals and circulars in all languages should be reconsidered and one option might be to amend the proposal so that the delay between producing the language versions was 60 days instead of the suggested 120 days. In general terms he found the wording used in the recommendations contained in the document to be unnecessarily prescriptive particularly in the provision of interpretation services for briefings and background documentation; the latter more so when it came to dealing with word limits, where a certain level of flexibility was required. For many of these specific items the Council should not be involved in regulating the level of detail but that it was up to the Secretary General to define the general policy that would be followed by the Secretariat. 20. In acknowledging that there was indeed a need to reduce demand for language services, the Representative of Saudi Arabia nevertheless indicated that he could not accept a reduction in interpretation posts since this would have a direct negative impact on the quality of services provided. 21. The Representative of Colombia stated while certain of the recommendations were acceptable options for further consideration, the proposal to waive the requirement for simultaneous distribution in all languages for manuals and circulars could not be supported. Multilingualism was a core United Nations principle that ICAO should uphold and in this regard the relevant documentation should continue to be distributed simultaneously in all languages. 22. While recognizing the importance of the language services, the Representative of the United States stated that it was nevertheless necessary to explore ways to better manage the language services so as to optimize resources allocated for this purpose. This was especially needed given the tight budget scenario facing ICAO for the next triennium. In this connection he supported the general approach of the recommendations being presented and in doing so reminded the Council that it would always retain the opportunity to review and adjust any of the changes being implemented in the subsequent triennium. 23. The Representative of Belgium indicated his support for the proposals presented in the working paper on the basis of the need to optimize interpretation and translation requirements. However, in relation to the recommendation to waive the requirement for simultaneous distribution in all languages, he would prefer that there was greater clarity in the way this rule was implemented. Likewise, he would welcome a shorter time frame being applied for the distribution in other languages and in this regard a 60 day limit would be more acceptable than the proposed 120 day delay.

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24. In welcoming the general approach of the proposals, the Representative of the United Kingdom indicated that in relation to the question of simultaneous distribution in all languages, it was far more important to ensure that documentation was being issued in a timely manner. In this regard, it was imperative to ensure adherence to the timescale being applied for the issuance of documentation. 25. In relation to the proposal to waive the requirement for the simultaneous distribution of relevant documentation, the Representative of Slovenia stated that a 120 day delay between languages was too long and that this should be reduced to either a 60 or 90 day period. 26. The Representative of Germany indicated that as a general principle he welcomed any measures that sought to enhance efficiency and achieve savings. On this basis he expressed support for the proposals outlined in the working paper. 27. In the same vein, the Representative of India also welcomed the proposals contained in the working paper and indicated his support for their adoption by the Council. 28. The Representative of Malaysia also supported any measures that achieved optimization of the language service requirements but in doing so it would be important to ensure that the quality of the outcome was not adversely affected. In relation to the proposal to waive the requirement for the simultaneous distribution of documentation, he cautioned that requiring publication of other languages within a 60 day period might result in too onerous a workload for the translation teams. 29. The Representative of Morocco associated himself with the earlier interventions by the Representatives of Cameroon and Saudi Arabia and stated that it was important to maintain the principle of equity between the languages, particularly in the finalization and distribution of technical documents. 30. In expressing support for the general approach of the proposals contained in the working paper, the Representative of China nevertheless acknowledged that some Council Representatives had raised legitimate concerns in the course of the preceding discussion and which in themselves required a more cautious approach before making any decision on this item. 31. The Representative of Peru indicated that the proposal concerning the frequency of Category 3 meetings appeared to lack clarity in terms of interpretation requirements and might need further revision. In regard to the proposal to waive the requirement for the simultaneous distribution of documentation in all languages, she stated that this was unacceptable and should be opposed. 32. In relation to the distribution of documentation, the Representative of the Russian Federation proposed that the dates of publication of the English language versions be made available in advance to all States so that they would be aware when a publication was due to be issued. He also sought assurances that there would be no cut to interpretation posts as a result of any decision taken on this item. 33. The President of the Council assured the Council that any decision concerning specific posts in the Secretariat would be considered only in the context of the budget process. 34. In referring to the proposal to waive the requirement for the simultaneous distribution of documentation in all languages, the Representative of France expressed concern that the current wording in the proposal would appear to give pre-eminence to the English language. This was not in accordance with the principle of multilingualism and the text should be revised.

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35. The President of the Council recognized that the current wording could give rise to implying a pre-eminent position of the English language and on this basis, he suggested that the wording should be amended to refer to initial publication in the “original” language rather than “English”, with publication in subsequent languages to follow. 36. In relation to a separate proposal to amend Rule 35 of the Rules of Procedure for the Council by adding a requirement that there would need to be unanimous agreement by the Council if interpretation in a language were not to be provided, the Representative of China expressed concern that as the only delegation reliant on the Chinese language, this might mean that the requirement for certain languages could easily be waived. However, the President of the Council assured Representatives that the need for unanimity in applying such a procedure would effectively mean that the provision of interpretation services in all languages was protected. 37. The Representatives of Australia and India suggested that one option for the future might be for the Council to undertake a midterm review of the proposals once they had been implemented so as to assess their impact and outcomes. This would be especially important to ensure that the quality of the language services was being maintained. 38. The Representative of the Russian Federation stated that any decision taken by the Council on this item would likely carry implications for a number of existing Assembly resolutions, such as A22-29: Use of languages in the Air Navigation Commission. On this basis he suggested that the proposals could also be examined by the WGGE in order for consideration to be given to their likely impact and interrelation with existing Assembly resolutions. 39. The President of the Council thanked Council Representatives for their intervention and discussion of the item. In relation to the suggestion from the Representatives of Australia and India, he asked the Secretary General to note this option in the event that this issue needed to be reconsidered in the future. He observed that the Council naturally would retain this option regardless. In relation to an earlier intervention from the Representative of France concerning potential duplication of workloads between the Council and the Committees, especially the ATC, he proposed that the decision to be adopted by the Council should request the WGGE to examine this issue since it would be an important consideration and might give rise to a subsequent Council decision at some future date. 40. In taking the action proposed by the President of the Council in light of the discussion, the Council approved the following proposals to optimize language services resources based on paragraph 6 of C-WP/13932 (Revision No. 1):

a) No interpretation for briefings of the ANC except when the speaker is unable to provide the briefing in English, in which case interpretation services into English would be made available;

b) Further consideration to be given to interpretation requirements on a case-by-case basis for the ANC standing working groups; Strategic Review and Planning (SRP) and Procedural Matters (PM) meetings with a view to reducing demand for interpretation services for certain meetings wherever possible;

c) No translation of Council working papers not tabled in Council;

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d) Translation of proposed SARPs and PANS will be provided to the ANC for preliminary review and final review, in addition to translation for the State Letter and Draft Report to Council, in order to contribute to parity and quality of SARPs and PANS in all ICAO languages;

e) Convene fewer Category 3 meetings for panels by meeting as Working Groups of the

Whole without any language services as is the current practice of the ANC;

f) Decide the language services to be provided for meetings when the programme of meetings is approved;

g) Provide translation and interpretation services for Category 4 meetings only on a

cost-recovery basis, except in special cases when justified;

h) Amend Rule 55 of the Rules of Procedure for the Council (Doc 7559) by adding the following sentence at the end: “By unanimous agreement, the Council may decide that interpretation into one or more of such languages shall be waived”;

i) Waiving the requirement for simultaneous distribution for Manuals and Circulars so as to publish the original language first and other languages later within a period of a maximum of 60 working days. Annexes and PANS and their amendments will continue to be published simultaneously in all languages.

41. In relation to (c) and (f) above, it was noted that Council would continue to retain an opportunity to review for its consideration, the work programmes of the Council and the Committees as well as the programme of meetings respectively, to which these proposals would apply. 42. In addition, Council requested the Working Group on Governance and Efficiency (WGGE), in the context of language service requirements, to consider ways in which the Council and the Committees, including in particular the Air Transport Committee, could streamline their work programmes with a view to achieving greater efficiencies and avoiding duplication of debates. Subject No. 18.1: Annual Budget

Draft Budget of the Organization for 2014-2015-2016 43. The Council considered: C-WP/13962, in which the Secretary General presented draft budget estimates of the Organization for the upcoming 2014-2015-2016 triennium, and an oral report thereon by Chair of the Finance Committee (FIC). 44. It was recalled that at the previous (197th) Session, the Council had requested the Secretary General to prepare a comprehensive first draft of the budget estimates of the Organization for the 2014-2015-2016 triennium indicating the funding required to cover key activities described in Appendix A to C-WP/13899, according to the strategic objectives and in line with the priorities arising from past Council and Assembly decisions (197/7 refers). 45. In providing additional information on the item, the Chair of the Finance Committee (FIC) indicated that during its third meeting of the 198th Session held on 29 January 2013, the Finance Committee had examined C-WP/13962, which contained the draft Budget of the Organization

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for 2014-2015-2016. The Chair’s opening remarks at that Committee meeting have also subsequently been distributed to all Council Representatives. These remarks address three issues with the first issue concerning recommendations to fix Member States’ assessments. In this regard, three options were presented: (a) fix the assessments at the level of the current triennium for a total amount of CAD $255.0 million, which represents a reduction of CAD $20.67 million as compared to Secretary General’s current proposal; (b) use the 2013 assessments as a baseline, while fixing the next triennium assessment at CAD $266.2 million, which represents a reduction of CAD $9.49 million as compared to the Secretary General’s current proposal; and, (c) a reasonable increase in the assessment over the current triennium. 46. The second and third issues considered by the FIC, related to an increase in the contribution from the Ancillary Revenue Generation Fund (ARGF) and proposals to cuts costs respectively. The latter included consideration of options to reduce staff levels; introduce a more rigid consultancy policy; and tighten travel restrictions. 47. The Chair stated that the Council should decide on a desirable level of language services, but should leave its implementation to the Secretary General. Recognizing that funding the AFI Plan was an important priority, the Chair proposed that the Council consider an increase in the minimum scale to 0.07 per cent as a mechanism to facilitate funding of technical assistance, which should appear clearly in the budget. During the FIC consideration of this issue, Members had generally agreed to these points. 48. With regard to the proposed scales of assessments, some Members were in favour of maintaining the assessment at $255 million although a majority preferred to fix it at $266.2 million. Two Members asked for assessments to be reduced below that of the current triennium. One Member requested that a study be completed to determine ideal staffing levels. 49. In concluding, the FIC recommended to the Council to: (a) continue focusing on its role in decision-making to guide the Organization in achieving the strategic objectives, and allow the Secretary General to make decisions within his capacity. In this respect, the items described in Appendix C of the working paper are left at the discretion of the Secretary General, who would decide which ones are necessary or not to meet the requirements of the Assembly and the Council; (b) instruct the Secretary General to prepare a new working paper on budget requirements of the Organization for the next triennium while capping Members States’ assessments at CAD $266.2 million; (c) endorse, in case the minimum scale is increased to 0.07 per cent, that both the assessments and the budget may be increased by $2.1 million in order to incorporate the AFI Plan requirements and that the technical assistance budget be identified in a different strategic objectives budget; (d) require the Secretary General to encourage more voluntary contributions; and, finally, (e) require the Secretary General to establish for the next triennium a performance management system by objectives, with but not exclusively with indicators in the following areas: (i) staff costs; (ii) ARGF earnings; (iii) consultancy policy; (iv) travel costs; (v) efficiency gained; and, (vi) language services. 50. The Secretary General thanked the FIC for their constructive recommendations. He recalled some of the steps he had taken as outlined in C-WP/13962 such as: a reduction in the travel budget and a reduced use of consultancies; the creation of new posts for new activities; a reduced headcount; a review of language requirements as evidenced in the previous item; and a continuing review of all forthcoming retirements so as to rationalize the staffing structure. These measures encompass a large part of what the Council had asked of the Secretary General within the context of a zero nominal growth budget scenario.

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51. He had taken note that the FIC had recommended that he be given the discretion to determine which items, of those outlined in Appendix C of the working paper, should be deemed as essential for funding purposes. In this connection, he views the funding of the AFI Plan and related technical assistance activities to be vital. 52. He had also taken note of the FIC understanding that any zero nominal growth scenario should not result in an increase in the 2013 level of States Assessments, which is why he would continue to explore options for cost curtailment. Two options that had already been identified include: scrutinizing what was qualified as old fashioned and unworthy activities that could be ceased or better performed and which would result in a further reduction of posts, and increasing the vacancy rate. 53. In relation to the FIC recommendation that the minimum contribution may be raised and the supplementary assessment arising from this increase be used for the AFI Plan requirements and that the technical assistance budget be identified in a different strategic objectives budget, he proposed to keep the minimum scale at 0.06 per cent but require the States at this level to contribute an additional $10,000 annually over and above their minimum scale assessment. In this manner, the Organization would benefit from additional resources for the triennium, rather than just distributing the money within a fixed budget. Depending on the Council’s reaction to this option, he would develop a draft budget proposal that would earmark these incremental resources for technical assistance activities, including AFI Plan requirements. 54. The FIC has also asked him to encourage more voluntary contributions, and in this connection a more proactive approach with States and Regional Offices would be taken. This would include both the President and the Secretary General working together to solicit contributions for aviation security, safety, and the environment, as well as other areas. 55. In relation to the ARGF contribution to the regular budget, he was aware that many Council Representatives were concerned at the state of revenue generating activities (RGA) and recent declining revenues in 2012. Therefore, in the next (199th) Session he intended to distribute a document on the health of the ARGF and possible options to increase the profitability and the revenue base of RGA. As a first step he had created an RGA Governance Committee, which he would be chairing, to oversee and monitor performance and development in this area. He assured the Council of his personal commitment to correcting this trend. 56. Finally, on the request for the establishment of a performance management system by objectives with indicators, he had held discussions with the Chair of FIC as well as other Council Representatives, and he understood that this request relates to a complete corporate transformation project. It means that the Organization would need to develop an integrated performance management plan under which each Unit would have goals and indicators that link to the corporate objectives. This is a significant change management midterm project which would require ongoing oversight and one that he assured the Council that he was intending to address immediately with senior management. 57. The Representative of Mexico welcomed the FIC report and the remarks of the Secretary General. These had helped to clarify a number of issues that had been raised in the course of the budget process. In relation to the ARGF and the proposal from the Secretary General to present a working paper to the Council at the next (199th) Session, he wondered whether in considering the overall performance of revenue generating activities, it might not also be worthwhile to develop a management business plan of the ARGF that would be presented to the Council on an annual basis.

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58. The President of the Council thanked the Representative for the suggestion and stated that it would be considered by the WGGE in the context of further deliberations on this item. 59. In expressing support for the recommendations of the FIC, the Representative of Slovenia emphasized the need to focus on the ICAO strategic objectives. The challenge was to synchronise the strategic objectives with the budget. Slovenia along with other members of the Central European Rotation Group (CERG), supported the 2013 scale of assessments being used as a baseline, even though this amount might not necessarily cover all the desired activities. The Council could aid the efforts of the Secretary General by giving him the flexibility to either introduce more revenue generating activities, or increasing efficiencies. He also hoped that in light of the budget scenario under consideration, more Member States would contribute additional voluntary funds to ICAO. 60. The Representative of Spain welcomed the FIC recommendations as well as the remarks of the Secretary General, which provided the Council with the necessary insight to better consider budget options. In particular, he welcomed the preliminary work being done on the possible introduction of a performance management system. He recalled that a related exercise in the area of technical cooperation had produced some interesting results and which had benefited from a greater sense of purpose and an increased level of transparency. The indicators that need to be identified in any overall management plan would therefore be crucial in helping to deliver efficiencies and improved performance. 61. In thanking the FIC and the Secretary General for their inputs on this item, the Representative of the Republic of Korea stated that the zero nominal growth budget scenario represented the most appropriate setting given the prevailing difficult economic situation that existed in many Member States. In this context, an increase in the triennial budget would be difficult to justify. At the same time he recognized that ICAO needed an ability to respond effectively to emerging challenges in civil aviation so it was important to ensure that the Organization had the necessary tools to implement the required programmes and activities. He also supported an increase in the contribution from the ARGF as well as an increase in voluntary contributions. 62. The Representative of Japan reiterated his view expressed during the previous (197th) Session that there should be no increase to the budget and that the total funding amounts should remain at the same level for the next triennium as was set for the current triennium. He, however, acknowledged that the majority of the FIC members had endorsed the States Assessments figure of CAD 266 million and he suggested his delegation will faithfully reconsider its position taking into account the Secretary General’s new proposal and the Council Decision of that day. 63. In the context of the difficult budgetary scenario, the Representative of Cameroon emphasized that ICAO retained an important role in assisting States to implement agreed standards and plans, which was in any case a role that would certainly continue. In the event that an additional financial assessment was imposed to ensure that important ICAO activities could continue, he would prefer to see such measures imposed on all Member States so that the burden was shared equally. 64. The Representative of Saudi Arabia expressed support for the draft budgetary proposals presented to the Council especially as he perceived that the most important ICAO projects and programmes related to safety, security and the environment would be retained. He stressed however that it would be necessary to consider alternative funding sources so as to supplement existing financial resources. One option might be to consider the partnership model that IATA uses with Member States in the provision of training assistance.

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65. As regards any increase from the ARGF contribution to the budget, the Representative of the Russian Federation associated himself with previous interventions suggesting a review of the efficiency of the Fund operations. In this connection, he proposed that a Governance Committee be established for that purpose. On a separate matter he expressed concern that one of the cost-saving proposals outlined in the working paper would result in the ICAO Journal being published only in English. He does not support such a proposal and urged the Council to maintain flexibility in its approach. 66. The Representative of India stated that any proposal to apply an additional financial assessment on Member States would require careful consideration before proceeding. As far as an increase in voluntary contributions was concerned, this would require close monitoring to ensure that this funding would be consistent with the ICAO strategic objectives. He also requested additional information on the effect in non-post expenses of the proposed savings as outlined in the working paper. The implementation of a performance management system in the next triennium would also be important, particularly in exploring the use of emerging information communication technology as a substitute for face-to-face meetings, which would reduce the need for travel abroad. In this connection, he was concerned to note that many senior officials appeared to be absent for long periods of time and therefore it was necessary for the Secretariat to consider alternatives to travel for certain missions. 67. In acknowledging the difficult economic circumstances facing many countries, the Representative of Burkina Faso stated that it was therefore all the more important to thank those Member States that had assisted countries in Africa through the AFI Plan. The Council could be assured that countries in Africa were determined to improve their capacity and level of implementation but this would require understanding and support from the international aviation community. In this connection, voluntary contributions from Member States that assist the implementation of the AFI plan were essential. In relation to the Administrative and Operational Services Cost (AOSC) Fund, he observed a potential inconsistency in the forecast estimates previously presented to the Council and the figures outlined in the working paper on this issue (C-WP/13962). He stated that the amounts indicated gave rise to confusion and he sought clarification on this. He also reminded the Council that C-DEC 197/2 paragraph 7 (d) “requested the Secretary General to develop a methodology for updating the amount to be recovered from the AOSC Fund in the next triennium…”. 68. The Representative of Malaysia indicated support for the general approach outlined by the FIC including the zero nominal growth budget option as the setting for the next triennium. It would be important to allow the Secretary General full discretion for decision-making in seeking to achieve the Organization’s strategic objectives. He supported the proposal to establish a performance management system related to the objectives as a way to further reduce costs related to staff, travel and consultancies. In relation to the ARGF, he agreed with previous interventions suggesting the need for an effective business management plan to ensure that surplus results were more consistently achieved from the ARGF. As for a possible supplementary assessment on States, he was not necessarily opposed to the suggestion but would prefer to see this applied to all Member States and not just a few. 69. The Representative of Uganda welcomed the proposed introduction of a performance management system as a means of achieving greater efficiencies in the Secretariat. He was concerned though that the budget proposals did not place a sufficiently strong emphasis on objectives linked to technical assistance and capacity-building, which are critical for the development of international civil aviation in developing countries. In a tight budgetary situation it would be difficult to achieve these goals unless technical support and capacity-building were strengthened. In this connection, voluntary contributions from Member States would help and ought to be encouraged.

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70. In relation to the proposed supplementary assessment on Member States, the Representative of Denmark sought clarification on how this would be applied. He was concerned that any such proposal might be inconsistent with the ICAO Financial Regulations especially if it was not intended to be applied consistently for all Member States. 71. In a similar vein, the Representative of the United States sought further information on the proposals that were outlined in the supporting documentation and specifically on which proposed measures were meant to be applied to all Member States and which proposed measures were meant to be viewed as voluntary contributions from Member States. In his view, the differences had not been clearly articulated in the supporting documentation, which gave rise to confusion. 72. The Representative of the United Kingdom associated himself with the previous interventions from the Representatives of Denmark and the United States. He indicated that the proposals represented a good basis for further discussion and consideration by the Council but that clarification was required on several aspects of the proposals. 73. By way of additional information and to clarify some of the proposals outlined in the Committee’s report, the Chair of the Finance Committee (FIC) stated that the FIC had set out proposals based on an understanding that the budget proposed by the Secretariat did not include all the expenses related to technical assistance and the AFI Plan. Since these items were vital, the FIC had sought to propose alternative ways in which the additional funds for these purposes could be raised. Regardless of the final outcome that would be agreed on, it was important when exploring options to raise additional funding, that an element of simplicity was retained in this regard. 74. In response to several previous interventions, the Secretary General indicated that his proposals had been based on a budget of $266 million, which he had understood was the amount accepted by the majority of Council Representatives. Nevertheless, there are a number of projects that he considered were essential to be undertaken in the next triennium and in this context he had sought to identify alternative options with which to raise the necessary additional funding for these purposes. One way for funding these activities could be a supplementary assessment applied to all Member States to strengthen the budget. Apart from the AFI Plan, other essential projects that needed to be funded included assistance activities in support of the strategic objectives related to implementation and capacity-building. 75. By way of also providing additional background information on the basis of the scale of assessments, the Chief, Finance Branch (C/FIN) revealed that based on the new assessment scale, 123 States would be assessed at the minimum rate with the remaining 68 Member States paying a higher assessment depending on the formula. Although he suggested that one option might be for the Council to consider applying a higher supplementary assessment to these 68 Member States in order to raise additional funds for essential projects and activities, the Secretary General indicated that his preference would be to request all Member States to contribute the same supplementary amount of $10,000. 76. The Representative of Singapore questioned whether applying a supplementary assessment to all Member States would be in accordance with the ICAO Financial Regulations since this would effectively mean that Member States would be paying two amounts; one based on the standard assessed contribution and the other as a supplement linked to certain essential projects and activities. 77. In response, C/FIN explained that the working paper that will be presented to the Assembly in which the assessed contributions for Member States would be detailed, could conceivably contain a calculation that also incorporated any supplementary amount being applied to Member States.

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78. The Representative of Germany associated himself with the earlier intervention from the Representative of Japan in understanding that a zero nominal growth budget would mean an overall amount of $255 million rather than $266 million. This was his preferred starting point but he recognised that the majority of FIC members were working on the basis of the latter amount. Beyond this amount he could not at this point indicate his support or otherwise for additional measures being proposed in order to raise supplementary funds. Germany contributed voluntary funds to certain ICAO projects and he was of the view that it would be important to retain this voluntary mechanism as the preferred means for raising additional funds. He had confidence in the Secretary General’s ability to manage the budget and to deliver on the required outcomes. 79. In expressing support for the proposals aimed at raising additional funds through a supplementary assessment to all Member States, the Representative of South Africa indicated that this additional revenue was essential in order to deal with numerous issues requiring attention. He reminded the Council that a zero nominal growth budget based on an amount of $266 million would be unlikely to ensure sufficient funds for all the necessary ICAO projects and activities. 80. The Representative of Nigeria stated that the proposal for applying a supplementary assessment to all Member States that was over and above the assessed contribution scale, would represent a strong commitment of all countries to the technical assistance projects that would be funded as a result. This could be seen as a political statement of support that would make it easier to contribute to these projects since for some States making voluntary contributions was not a practical option. He also welcomed the proposed introduction of performance indicators linked to the overall technical assistance process since it would facilitate clearer outcomes in this regard. 81. In relation to the proposed supplementary assessment to all Member States that would be over and above the assessed contribution, the Representative of Canada questioned whether this would be consistent with the current practice on assessed contributions by Member States within the United Nations system. He was concerned that this would set a precedent and that on this basis, it would be preferable if the proposal were set aside for further consideration as to the overall implications. 82. The Representative of Italy stated that given the prevailing global economic situation, it was important for the Council to avoid an increase in the budget. On this basis, an overall budget limit of $255 million would have been preferable. He reminded the Council that the budget is calculated on the basis of the triennium and not just on the final year assessment so he and other Council Representatives would have difficulty in justifying any increase. In relation to the proposed supplementary assessment on Member States that would be over and above the assessed contribution scale, he agreed with the Representative of Canada in that this proposal required further study to take into account the legal implications as well as other aspects of such an approach. 83. The Representative of France indicated that the proposal to apply a supplementary assessment on Member States that was over and above the assessed contribution scale was simply a variation on the existing calculation used to determine the amount that each Member State would be required to pay. In his view this did not necessarily raise legal issues that require further study but this merely represented a variation in the calculation used to determine the amount of financial contribution that each Member State would be assessed for. 84. The Representative of Spain expressed his concern that the proposal to apply a supplementary assessment on Member States that was over and above the assessed contribution scale

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represented an unnecessary and unwelcome complication of the existing formula that ICAO had been using for many years in determining the amount of assessed contributions that each Member State was required to pay. Although he supported the technical assistance projects and activities that ICAO undertakes, he considers that the funding allocated for these purposes should be understood to be a worldwide commitment and not restricted to a particular group of countries. In this regard, he stressed the need to maintain funding for these purposes to be derived from voluntary sources and not to be imposed as a mandatory assessment on all Member States. 85. The President of the Council indicated that his understanding was that historically ICAO had in the past imposed supplementary assessments on Member States that were over and above the assessed contribution scale. This had usually been linked to a specific purpose so that the precedent existed for following this approach if this was how the Council wished to proceed. 86. In taking the action proposed by the Finance Committee, the Council:

a) agreed to continue focusing on its role in decision-making to guide the Organization in achieving the Strategic Objectives, and allow the Secretary General to make decisions within his capacity; in this respect the items described in Appendix C of C-WP/13962 are left to the discretion of the Secretary General;

b) requested the Secretary General:

i) to prepare a new working paper on the budget requirements of the

Organization for the next triennium with an assessment level of Member States at CAD 266.2 million; and

ii) in the case the basic assessment as aforesaid is increased, to propose how this

excess assessment could be used to further enhance the implementation of the Strategic Objectives;

c) requested the Secretary General to:

i) encourage more voluntary contributions; and

ii) implement an integrated performance management plan under which each

organizational unit would have goals and indicators that link to the overall corporate objectives.

Any other business Amendment to the Technical Instructions for the Safe Transport of Dangerous Goods by Air in relation to aircraft lithium ion batteries transported as cargo on passenger aircraft (Subject No. 14.3.7) 87. In the absence of comments by 26 February 2013 to the President of the Council’s e-mail dated 12 February 2013, it is considered that the Council has agreed to the emergency addendum to the 2013-2014 Edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284) mentioned therein.

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Approval by the Air Navigation Commission, acting under delegated authority, of amendment to the Regional Supplementary Procedures (Doc 7030/5) (Subject No. 14.1.3) 88. In the absence of comments by 22 February 2013 to his memorandum PRES RK/2143 dated 8 February 2013, the President of the Council has approved, on behalf of the Council, amendment EUR/NAT-S11/06 to the Regional Supplementary Procedures (SUPPs) (Doc 7030/5). 89. The meeting adjourned at 1730 hours.

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SUMMARY MINUTES OF THE EIGHTH MEETING

(THE COUNCIL CHAMBER, WEDNESDAY, 6 MARCH 2013, AT 1000 HOURS)

OPEN MEETING



PRESENT:


— Dr. N. Luongo (Alt.) — Ms. K. Macaulay — Mr. G. Robert — Mr. P. Jardim (Alt.) — Mr. M. Dieguimde — Mr. E. Zoa Etundi — Mr. M. Allen — Mr. Tao Ma — Mr. A. Muñoz Gómez — Mr. J.F. Castillo de la Paz — Mr. K.L. Larsen — Mr. A. Mahmoud — Mr. M. Wachenheim — Mr. U. Schwierczinski — Mr. H.A. Rosales Salaverría — Mr. P.N. Sukul — Mr. E. Padula — Mr. T. Koda


— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Mr. J. Twijuke — Mr. R. Al Kaabi (Alt.) — Mr. M. Rodmell — Mr. D. Woerth


Mr. C.M. Vallarino(Alt.) Mr. M. da Costa (Alt.) Mr. J.L.Viera (Alt.) Mr. M. Delisle (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. A. Almoghraby (Alt.) Mr. K. Ferjan (Alt.) Mr. J.L. Novak (Alt.)

― Argentina ― Brazil ― Brazil ― Canada ― Japan ― Mexico ― Republic of Korea ― Republic of Korea ― Saudi Arabia ― Slovenia ― United States

Mr. D. Azema *Mr. B. Djibo *Mr. R. Bhalla *Mr. L. Cherif *Mrs. J. Hupe *Mr. J. Wan *Mr. J. Weich *Mrs. L. Comeau-Stuart *Mrs. K. Balram *Mr. I. Fuller *Mr. J.P. Mercier *Mr. T. Tanaka *Mr. T. Thrasher *Ms. S. Brand *Mrs. D. Rahmani *Mr. M. Leitgab Miss S. Black

— DC/OSG — D/ATB ― C/FIN — C/LPB ― C/ENV — DD/IAS-ADB — DD/HR-ADB — C/POD — C/SEA ― Ethics Officer — A/C/ICT ― ENV ― ENV ― ENV — DMO — ADADB ― Précis-writer

*Part-time

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Minute of silence and condolences 1. The Council observed a minute of silence in memory of His Excellency Hugo Chávez, President of the Bolivarian Republic of Venezuela, who had passed away on 5 March 2013. It was noted that, on behalf of the Council and the ICAO Secretariat, the President of the Council and the Secretary General would send a letter of condolence to the Government of Venezuela. The Observer from the Bolivarian Republic of Venezuela later voiced appreciation for these actions and for the expressions of sympathy made during the meeting. Subject No. 18.1: Annual Budget

Progress report on the status of the Budget (Annex 5) 2. The Council had for consideration information paper: C-WP/13961, in which the Secretary General presented the last update of the triennium on the implementation of the action plan to address the Council’s recommendations on the Budget (Annex 5 of Doc 9955, Budget of the Organization for 2011-2012-2013); and an oral report thereon by the Finance Committee (FIC). 3. During the FIC’s review of the paper at its Second Meeting of the current session on 28 January 2013, Members had pointed out that it lacked some precision and disclosure on different aspects such as language services policy, human resources management, etc. They had requested that a section be added to the budget document for the next triennium providing more qualitative and quantitative detail on the outcomes of the actions taken by the Secretary General in responding to the recommendations by the Council. One Member had suggested that it would be beneficial to cross-reference the response to specific directives contained in Annex 5. 4. In endorsing the Committee’s oral report, the Representative of India observed that the paper was largely concentrated on the Organization’s support programmes and reiterated that its orientation should be changed so as to focus more specifically on the deliverables of its major programmes. 5. The Representative of Spain noted that the paper’s contents would be different in future as the Secretary General implemented an integrated performance management plan, under which each organizational unit would have goals and indicators that linked to the overall corporate objectives [cf. C-DEC 198/7, paragraph 9 c) ii)]. In emphasizing that the Council should participate closely in that project, he recalled how a very small group of Council Representatives comprising an Ad hoc Working Group of the Technical Cooperation Committee (TCC), had developed, together with the Secretariat, a Management Plan for the Technical Co-operation Programme, which served as a roadmap for the interaction between the Technical Co-operation Bureau (TCB) and the Council (cf. C-WP/13548; C 190/9).

6. The Secretary General agreed that the Council should be involved in the said transformation to performance-based corporate management. 7. The Council then noted C-WP/13961, on the understanding that, as requested by the FIC, a section would be added to the budget document for the 2014-2015-2016 triennium providing more qualitative and quantitative detail on the outcomes of the actions taken by the Secretary General in responding to the Council’s recommendations on the Budget for the 2011-2012-2013 triennium.

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Subject No. 18.9: Suspension or amendment of the Financial Regulations Subject No. 24.2: Assembly Agenda and documentation

Draft Assembly working paper – Amendment to The ICAO Financial Regulations (Doc 7515)

8. The Council considered this subject on the basis of: C-WP/13963, presented by the Secretary General; and an oral report thereon by the Finance Committee (FIC), which had reviewed the paper at its Second Meeting of the current session on 28 January 2013. In the paper, the Secretary General proposed an amendment to Financial Regulation 7.6 of The ICAO Financial Regulations (Doc 7515) to enable the Organization to keep the revenue earned from investment and bank interest on technical cooperation Funds, and presented a draft Assembly working paper inviting confirmation of a previously-approved (194/6) amendment to Financial Regulation 5.6, whereby the period between normal triennium sessions of the Assembly is removed to facilitate the application of the Regulations and to improve clarity, and the said amendment to Financial Regulation 7.6. In its oral report, the FIC proposed changes to paragraph b) of Financial Regulation 7.6. The new proposed text read: “b) Income from investments and bank interest earned by Funds established in support of the Technical Co-operation Programme (TCP) shall be credited to the Administrative and Operational Services Cost (AOSC) Fund, subject to approval by the Contributor. The Secretary General may authorize the interest to be credited to the Contributor’s Fund upon a request being made by the Contributor.”. 9. In providing additional background information, the Chief of the Finance Branch (C/FIN) noted that the proposal to amend paragraph b) of Financial Regulation 7.6 related to the transfer to the AOSC Fund of the investment and bank interest earned on the dedicated technical cooperation Funds established within the Technical Cooperation Bureau (TCB) for each Contributor which was currently credited to those Funds. It was not related in any way to the Regular Budget. The reason behind the proposal was that TCB was losing money under the existing practice: while the associated treasury costs charged to TCB were subsequently recovered through its administrative overhead rate, the entire amount of the said earned interest was credited to the Contributors’ technical cooperation Funds.

10. Underscoring that a significant amount of money was involved, C/FIN recalled that in 2008 TCB had paid over USD 4.3 million to Contributors. Following a decline in interest rates, that amount had decreased to approximately USD 1.5 million in 2009 and to some USD 700 000 in 2012. He emphasized that if, as proposed, the investment and bank interest earned were transferred to the AOSC Fund, then the pressure to raise the administrative overhead rate charged by TCB would be reduced.

11. In then suggesting that the phrase “subject to approval by the Contributor” be deleted from the first sentence of the FIC’s proposed text of Financial Regulation 7.6, paragraph b), C/FIN indicated that it would be administratively impossible to obtain the explicit approval from the more than 300 Contributors. It was therefore proposed that the new Memoranda of Understanding (MOUs) that TCB signed with Contributors specify that interest earned by technical cooperation Funds would not be paid to the Contributors. Referring to the second sentence of paragraph b), C/FIN clarified that it was necessary to provide an exception in the case where a State was required to retain any such earned interest under its legislative rules. 12. Replying to a question by the President of the Council, C/FIN noted that the practice in the United Nations (UN) common system varied. The proposed amendment was consistent with the practice of several other UN bodies, such as the United Nations Children’s’ Fund (UNICEF) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), which retained any such earned interest. While the United Nations Population Fund (UNFPA) currently paid such earned interest to its Contributors,

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it was seeking to amend its Financial Regulations to align them with those of UNICEF and UNESCO. The United Nations Development Programme (UNDP) was silent on the matter. 13. In supporting C/FIN’s proposed wording, the Representative of the United States underscored that it would enable TCB to recover the costs it incurred in administering the technical cooperation Funds. He emphasized that if Financial Regulation 7.6, paragraph b), were not so amended, TCB would incur further losses, which would result in pressure to increase its administrative overhead rate.

14. The Representatives of Mexico, Spain and Nigeria agreed that costs arising from the administration of the technical cooperation Funds should be recovered. The Representative of Mexico favoured retaining the compromise text proposed by the FIC, however, as he considered that it was for the Contributor to decide whether or not to forego the investment and bank interest earned on its technical co-operation Fund. Stressing the need for flexibility and transparency, he indicated that new MOUs should clearly specify that the Contributor approved that such earned interest be credited to the AOSC Fund. Furthermore, such approval should not be a pre-condition for entering into technical cooperation projects with TCB. The Representative of Spain shared this view.

15. The Representatives of the Russian Federation supported the FIC’s proposed text, subject to the second sentence being amended to indicate that the Secretary General shall, and not may, authorize the interest to be credited to the Contributor’s Fund upon a request being made by the Contributor. He cautioned that if a Contributor’s right to the earned interest were not so entrenched in paragraph b), then TCB would lose projects.

16. The Representative of Nigeria also endorsed the Committee’s proposal for paragraph b), subject to it being revised to use the same verb in the two sentences.

17. Taking into account the views expressed, C/FIN proposed further modifications to paragraph b) of Financial Regulation 7.6 which were in line with the Committee’s suggested changes. The amended text would read as follows: “b) Income from investments and bank interest earned by Funds established in support of the Technical Co-operation Programme (TCP) shall be credited to the Administrative and Operational Services Cost (AOSC) Fund or to the Contributor as specified in the agreement with the Contributor.” 18. Responding to queries by the Representatives of Malaysia and Cuba, respectively, the President of the Council confirmed that paragraph b) would not have retroactive effect and that MOUs for new technical cooperation projects would clearly specify the two options available for handling investment income and bank interest earned by technical cooperation Funds.

19. The Chairperson of the FIC and the Representatives of Uganda, Malaysia, Cuba, Burkina Faso, Mexico, Nigeria, Saudi Arabia, Japan and Peru endorsed C/FIN’s proposed wording for paragraph b). In so doing, the Representative of Uganda stressed the need to maintain the principle that every cost associated with technical cooperation projects must be recovered. The Representatives of Mexico and Nigeria recommended that whenever TCB received requests from States for additions or other changes to their existing technical cooperation projects it review the MOUs and align them with new paragraph b) of Financial Regulation 7.6. Indicating that he was unfamiliar with the legal status of such MOUs, the Representative of Japan questioned the appropriateness of the word “agreement” used in the proposal. He suggested that the Legal Affairs and External Relations Bureau (LEB) be consulted to ensure that suitable wording was used in paragraph b).

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20. The Representative of Colombia did not consider that the proposed amendment to paragraph b) of Financial Regulation 7.6 was the right approach as it would lessen the attractiveness of using TCB to execute States’ technical cooperation projects and result in a decrease in the number of such projects. In affirming that any interest earned on a technical cooperation Fund should be credited to the State concerned, he underscored that it often served as an important source of funding for completing projects and ensuring fulfilment of ICAO’s requirements. The Representative of Colombia nonetheless agreed that all costs associated with technical cooperation projects should be recovered by TCB through its administrative overhead charge. 21. The Representative of Denmark had no difficulty in accepting the original proposal by the Secretary General as set forth in C-WP/13963 in light of the explanation provided that it was intended to alleviate the economic burden of administering the investment and bank interest earned on technical cooperation Funds. As indicated in paragraph 2.2.2 of the paper, the administrative fees charged to technical cooperation projects were low. The implication was that if Financial Regulation 7.6, paragraph b), were not amended, then it would be necessary for TCB to raise its administrative overhead charge in order to cover its costs. The Representative of Denmark did not consider that that would give rise to any concern.

22. The Representative of Denmark observed that C/FIN’s proposed wording for paragraph b) was mostly of relevance for future technical cooperation projects. As no State was obliged to avail itself of TCB’s services for implementing its projects, TCB had the right to refuse to enter into a MOU with a State that did not accept that any interest earned on its technical cooperation Fund would be transferred to the AOSC Fund, or to charge a higher administrative overhead rate to ensure that its associated costs were covered. The Representative of Denmark could thus accept the Secretary General’s original proposal to amend paragraph b) of Financial Regulation 7.6 or any other solution that was in line with his comments.

23. The Representative of Spain emphasized the need to keep in mind the fundamental principle that any interest earned on technical cooperation Funds belonged to the Contributors. While there might be an option for the Contributor to cede the amount of that interest to the AOSC Fund, that was a secondary issue and one that should be clearly stated in the MOU between the Contributor and TCB. Observing that the text proposed by the FIC was along those lines, the Representative of Spain maintained that it should be retained for the time being unless the alternative text proposed by C/FIN were enhanced. 24. The Council then took the action indicated in the executive summary of C-WP/13963, as amended by the President of the Council in light of the discussion, and:

a) approved the proposed amendment to Financial Regulation 7.6, subject to paragraph b) thereof being modified to read along the following lines as suggested by C/FIN: “b) Income from investments and bank interest earned by Funds established in support of the Technical Co-operation Programme (TCP) shall be credited to the Administrative and Operational Services Cost (AOSC) Fund or to the Contributor as specified in the agreement with the Contributor.”, and on the understanding that the Legal Affairs and External Relations Bureau (LEB) would be consulted to ensure that this new text was acceptable from the legal point of view; and

b) approved the draft Assembly working paper attached to C-WP/13963 as

documentation for the 38th Session of the Assembly, subject to Appendices A and B thereto being amended to reflect the new text of Financial Regulation 7.6 b) following the said consultation with LEB.

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25. It was understood that if the consultation with LEB resulted in any change to the above wording of Financial Regulation 7.6 b), then Representatives would be informed accordingly by e-mail. Subject No. 18.4: Contributions by Contracting States and methods of assessment Subject No. 24.2: Assembly Agenda and documentation

Draft Assembly working paper – Confirmation of Council action in assessing the

contributions of States which adhered to the Convention 26. The Council had for consideration: C-WP/13964 [with Blue rider (Arabic only)] presented by the Secretary General, to which were attached a draft Assembly working paper and Resolution relating to the assessment of contributions to the General Fund and the advance to the Working Capital Fund of South Sudan, which had become an ICAO Member State on 10 November 2011; and an oral report thereon by the Finance Committee (FIC), which had reviewed the paper during its Second Meeting of the current session on 28 January 2013. The Committee had accepted the paper without debate and recommended it to the Council for adoption. 27. The Council took the action indicated in the executive summary of C-WP/13964, as recommended by the FIC, and:

a) in accordance with Financial Regulations 6.9 and 7.5, determined that South Sudan’s assessment be as follows, based on the minimum assessment rate of 0.06 per cent: i) Assessment for 2011 (0.06 per cent of CAD 53 211 000) for 1 month amounting

to CAD 2 661; and (0.06 per cent of USD 27 758 000) for 1 month amounting to USD 1 388;

ii) Assessment for 2012 (0.06 per cent of CAD 54 632 000) amounting to CAD 32 779; and (0.06 per cent of USD 28 540 000) amounting to USD 17 124;

iii) Assessment for 2013 (0.06 per cent of CAD 57 894 000) amounting to CAD 34 736; and (0.06 per cent of USD 29 704 000) amounting to USD 17 822; and

iv) Working Capital Fund advance (0.06 per cent of USD 6 000 000) amounting to USD 3 600; and

b) approved, as documentation for the 38th Session of the Assembly, the draft Assembly working paper and Resolution attached to the C-WP/13964 seeking confirmation of the above Council action.

Subject No. 20: Periodic reports of the Secretary General

Annual Report of the Ethics Officer for 2012

28. The Council considered: information paper C-WP/13934, in which the Ethics Officer reported on activities undertaken in 2012 in connection with the ICAO Framework on Ethics relating to training and communication, the provision of ethics guidance and advice, investigations, protection against retaliation and financial disclosure, and identified key priorities for future years; and an oral report thereon by the Human Resources Committee (HRC).

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29. The HRC had reviewed the paper during its First Meeting of the current session on 21 January 2013, benefitting from the presence of the Ethics Officer. The Committee had thanked the latter for the work accomplished during his first year and discussed with him several themes of his report, including protection against retaliation, the involvement of external consultants in investigations, a comparison with other United Nations (UN) agencies, as well as the level of resources provided to him. Noting the scope of responsibilities of the Ethics Officer, the Committee had enquired whether a mechanism could be set up to report to Council Members on corrective actions taken by the Secretary General in response to investigations conducted by the Ethics Officer.

30. Having consulted with the Ethics Officer, the Secretary General now confirmed that such a mechanism would be established.

31. In the absence of further comments, the Council noted the information provided in C-WP/13934, as well as the HRC’s oral report thereon. Subject No. 15.2: Regulation of international air transport services

Report of ATC – Progress report on preparatory work for the Sixth Worldwide Air Transport Conference (ATConf/6)

(Montréal, 18 to 22 March 2013)

32. The Council considered this subject on the basis of the following oral report by the Chairperson of the Air Transport Committee (ATC): 33. At its First Meeting of the 198th Session, the ATC had received a progress report on preparatory work for ATConf/6, which would take place in Montréal from 18 to 22 March 2013. The opening remarks would be presented by the President of the Council and the Secretary-General of the World Tourism Organization (UNWTO), as well as by the Chairperson of the ATC. As of 12 February 2013, 296 participants from 79 States and 45 participants from 18 international and regional organizations had confirmed participation. The Secretariat had finalized 24 working papers, all of which were presently available on the ATConf/6 website.

34. In preparation for ATConf/6, several seminars had been conducted with a view to briefing States on the Conference’s Agenda and reaching consensus on common regional positions. Since the 197th Session of the Council, at which time the Secretariat had first reported on the regional seminars (cf. information paper C-WP/13875), three additional seminars had been conducted: one in Ottawa, Canada on 21 November 2012 with Transport Canada; one in Washington, D.C, United States, with the Department of Transport on 14 January 2013; and one in Hong Kong, Special Administrative Region (SAR), China from 28 to 30 January 2013 for the Asia and Pacific Region. 35. In view of the strategic importance of ATConf/6, ICAO had joined forces with experts from international organizations and stakeholders to prepare participants for the Conference’s deliberations. In this regard, a one-day pre-Conference Symposium would be conducted on 17 March 2013, designed to focus on key issues to be addressed by ATConf/6. The tentative programme for the Symposium was available on the ATConf/6 website. 36. The Chairperson of the ATC encouraged everyone to visit the ATConf/6 website and to take advantage of the on-line registration for these events.

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37. In providing updated information, the Director of the Air Transport Bureau (D/ATB) noted that, as of 6 March 2013, there were 543 participants from 119 out of 191 Member States, who represented 90 per cent of world revenue passenger kilometres (RPK). The regional breakdown was as follows: 11 States representing 76 per cent of the Members of the Arab Civil Aviation Commission (ACAC); 38 States representing 83 per cent of RPK of the African Civil Aviation Commission (AFCAC); 32 Member States of the European Civil Aviation Conference (ECAC), representing 98 per cent of European activity; and 12 Members of the Latin American Civil Aviation Commission (LACAC), representing 83 per cent of Latin American activity. In addition, there were 72 participants from 23 international and regional organizations. D/ATB further indicated that there were currently 99 working papers and 18 information papers that had been produced.

38. Suggestions made by the Representative of Denmark to facilitate the downloading of Conference papers and enable their selection by Agenda item were noted by the Secretariat. 39. The Council then noted the above progress report on preparations for ATConf/6, as well as the updated information provided orally regarding the number of participants, working papers and information papers. Subject No. 50: Questions relating to the environment

Environmental protection – Recent developments in other United Nations bodies and international organizations

40. The Council had for consideration: information paper C-WP/13957, in which the Secretary General reported on the outcome of the 18th Session of the Conference of the Parties (COP18) to the United Nations Framework Convention on Climate Change (UNFCCC), held in conjunction with the 8th Session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP8) (Doha, Qatar, 26 November to 8 December 2012); and an oral report thereon by the Air Transport Committee (ATC), which had reviewed the paper during its Second Meeting of the current session on 19 February 2013.

41. With respect to paragraph 3.2 of the paper, the ATC had emphasized the need for ICAO and its Member States to continue to express a clear concern, through the UNFCCC process, to ensure that international aviation would not be targeted as a source of revenue for climate finance in a disproportionate manner. In this regard, the Committee had also highlighted that financial resources would be required for the international aviation sector itself for the implementation of a basket of measures to achieve ICAO’s climate goals. The Committee had been advised that careful consideration would be necessary regarding the entities from which such climate finance should be mobilized.

42. The Committee had recognized that to maintain the leadership role of ICAO in the field of international aviation and climate change, it would be paramount for ICAO and its Member States to make further progress in this area and to showcase ICAO developments to other UN bodies. As such, the Committee had reiterated the need for the Secretariat to actively participate in the work of other UN bodies and international organizations with a view to keeping the Committee informed. In addition, it had been suggested that ICAO’s Member States communicate with their delegations of Parties to the UNFCCC process, which could facilitate the recognition of ICAO’s developments by that process. There had been general agreement that the ICAO positions on this matter should be reflected in an Assembly Resolution.

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43. Expressing satisfaction with the Secretariat’s efforts to showcase ICAO’s achievements in international fora, the Representative of Argentina concurred with the ATC that it was essential to do so in order to have the Organization’s work recognized. Such recognition was especially important when the eyes of the international community, non-governmental organizations (NGOs) and other entities were on ICAO to see what action it was taking to address the issue of international aviation and climate change. He also agreed that the Organization should continue its work in that field. The Representative of Argentina strongly supported the position that international aviation should not be targeted as a source of revenue for long-term climate finance in a disproportionate manner.

44. In endorsing the Committee’s oral report, the Representative of Mexico reiterated that financial resources would be required by the international aviation sector to implement the basket of measures. He stressed that, in order to receive such funding from donors, it would be necessary to identify beforehand specific projects which could be implemented through, inter alia, States’ Action Plans to reduce CO2 emissions from international aviation.

45. Sharing this view, the Representative of India emphasized the need to ensure that donors that pledged such funds fulfilled their commitments.

46. The President of the Council underscored that the provision of financial resources would be through the UNFCCC Green Climate Fund. 47. Responding to a question raised by the Representative of Nigeria, the Chief of the Environmental Branch (C/ENV) clarified that there had been general agreement in the ATC on the importance of highlighting ICAO’s view that international aviation should not be singled out disproportionately as a source of revenue for climate finance. It was that issue that the Committee had agreed should be reflected in an Assembly Resolution. She noted, in this regard, that part of ICAO’s leadership role was to communicate its positions on the various issues relating to international aviation and climate change, including climate finance. The President of the Council indicated that ICAO’s view on that issue would be reflected in the envisaged Assembly Resolution on international aviation and climate change, a draft text of which would be presented to the High-level Group on International Aviation and Climate Change (GIACC). 48. The Representatives of China, Spain, the United States, Saudi Arabia and the Russian Federation supported this action. In so doing, the Representative of China emphasized that ICAO should take a more affirmative and resolute stand on the said issue of targeting international aviation disproportionately as a source of revenue for climate finance. The Representative of Spain underscored that the said Assembly Resolution should also reflect that there should not be a duplication of measures addressing international aviation emissions. 49. Recalling the informal briefing on 27 February 2013 on the latest developments on international aviation and climate change, the Representative of the United States underscored that the recent Ninth Meeting of the Committee on Aviation Environmental Protection (CAEP/9) had been very successful. He highlighted, in this context, its unanimous approval of an Annex 16, Volume III, CO2 emissions certification requirement, as well as its work to address aircraft noise at source. In congratulating CAEP, the Organization’s most important technical body, the Representative of the United States wished it continued success.

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50. Referring to the views expressed by the ATC with regard to showcasing ICAO developments to other UN bodies, the Representative of the United States indicated that he remained unconvinced that the Secretary General and/or the President of the Council needed to spend much time at UNFCCC meetings when they were not allowed to take the floor. While such meetings had to be covered by ICAO, it was necessary to ensure that the Organization’s resources were used appropriately and that its senior executives were focusing on its work. The Representative of the United States underscored that industry was already well-aware of CAEP’s activities, as evidenced by the congratulatory remarks in numerous trade association publications.

51. The Representative of India stressed that CAEP’s significant achievements should be reflected in the envisaged Assembly Resolution on international aviation and climate change.

52. The Representative of Uganda voiced concern that the paper seemed to suggest that there was a lack of understanding of the air transport industry within the UNFCCC process, which could lead to its victimization. He noted, from paragraph 2.5 thereof, that during the15th Session of the Ad-hoc Working Group on Long-term Cooperative Action under the UNFCCC (AWG-LCA15) divergent views had been expressed regarding, inter alia, the need for general framework text due to the unique nature of activities and hence emissions from the international transport sector and the need for the UNFCCC to give specific guidance to ICAO and the International Maritime Organization (IMO) with respect to how emissions from the international transport sector should be addressed. The Representative of Uganda queried how ICAO would be able to obtain concerted support for the air transport industry in such important international fora when there were such divergent views.

53. In further noting, from paragraph 3.1, that the AWG-LCA, as well as the Ad-hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP) had concluded their five-year work programmes and had been terminated at the Doha Conference without a decision text related to international aviation, the Representative of Uganda also queried how ICAO would be able to effectively make its position known regarding the use of international aviation as a potential source of revenue for long-term climate finance. While agreeing with the Representative of the United States that CAEP/9 had made significant achievements, he enquired as to how they could be used to ensure that ICAO’s climate change goals were appreciated in the UNFCCC process. The Representative of Uganda recalled, in this regard, that the ATC had reiterated the need for the Secretariat to actively participate in the work of other UN bodies and international organizations. While noting that the ATC had also suggested that ICAO’s Member States communicate with their delegations of Parties to the UNFCCC process, he stressed that such decision-makers should be invited to attend relevant ICAO meetings. This was similar to his earlier (198/6) suggestion for familiarizing decision-makers with the concerns of the international aviation community regarding protection of the aeronautical radio frequency spectrum for safety services and gaining their support. 54. The President of the Council recalled that ICAO was an observer in the UNFCCC process and was invited to provide its views, which also reflected the Council’s concerns. Noting that the ATC had emphasized the need for ICAO and its Member States to continue to express a clear concern, through that process, to ensure that international aviation was not targeted as a source of revenue for climate finance in a disproportionate manner, he emphasized that most of the States parties to the UNFCCC were also Member States of ICAO. Although ICAO could not make recommendations or give instructions to the delegations of Parties to the UNFCCC, the Organization’s Member States could. The President of the Council underscored that reflecting ICAO’s position regarding climate finance in an Assembly Resolution as recommended by the ATC would serve to bring it to the attention of all ICAO Member States, at all levels.

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55. The Representative of the Russian Federation underscored that there had been a very serious discussion of sectoral approaches and sector-specific actions in the AWG-LCA15 even if it had not resulted in a decision text. While agreeing that the envisaged Assembly Resolution on international aviation and climate change should reflect the Organization’s position on climate finance, he considered that the UNFCCC Green Climate Fund should ensure that international civil aviation would not be targeted as a source of revenue in a disproportionate manner. 56. Drawing attention to paragraph 2.3 of the paper, which indicated that for the ninth consecutive time the Subsidiary Body for Scientific and Technological Advice (SBSTA) had noted the information received from and progress reported by the Secretariats of ICAO and the IMO and had invited both organizations to continue to report at its future sessions, the Representative of France underscored that ICAO was not subordinate to SBSTA or to any other bodies or organizations and did not have a mandate to report thereto. Emphasizing that its mandate was instead to provide information and so possibly influence the outcome of the discussions, he questioned whether ICAO had any influence on the work being carried out in the UNFCCC process. While agreeing that ICAO should continue to cooperate with the UNFCCC as requested by the Assembly, the Representative of France stressed that it should be real cooperation that yielded concrete results. ICAO should either be taken more seriously in the UNFCCC process and participate in the discussions or it should continue its own work independently. He did not find the current situation to be entirely satisfactory.

57. In observing that the SBSTA was inviting, not instructing, ICAO to report at its future sessions, the President of the Council stressed the importance of ICAO continuing to cooperate with the UNFCCC and of having at least the opportunity to express its concerns at those meetings which the Organization was invited to attend. 58. The Representative of South Africa stressed that while presentations of ICAO’s work in the environmental field were necessary, they were not sufficient: it was for the Organization’s Member States to take the process further and inform their delegations of Parties to the UNFCCC of the problems associated with placing any further burden on the aviation industry. He averred that without such internal coordination there would be no results at the international level. 59. Recalling that the UN Secretary-General had invited all international organizations in the UN common system to participate in the UN for Climate Change forum, C/ENV cautioned that if ICAO did not, then it would appear isolated and disengaged. She noted that when the President of the Council or the Secretary General attended the COP, they had the opportunity to also meet with the Executive Secretary of the UNFCCC and discuss how to assist each other in moving the climate change-related policy issues forward.

60. Referring to the comments made by the Representative of France, C/ENV indicated that while it was very frustrating for the Secretariat and for all participants in the UNFCCC process to have the same outcome from the SBSTA nine consecutive times, aviation was not the only area in which no progress was being made in the UNFCCC process. The Council should not think that it was not worthwhile to participate in that process simply because it was not advancing quickly. Efforts were being made to build consensus, and not being part of the discussions and not doing the outreach mandated by the Assembly and recommended by the ATC would worsen the situation as there would be less understanding.

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61. The Council then noted the information provided in C-WP/13957 and endorsed the views expressed by the ATC in its oral report, in particular, that ICAO’s concern that international aviation not be singled out disproportionately as a source of revenue for climate finance be reflected in an Assembly Resolution. It was indicated that this concern, as well as the concern expressed during the discussion that there should not be a duplication of measures addressing international aviation emissions, would be reflected in the envisaged draft Assembly Resolution on international aviation and climate change. Subject No. 24.2: Assembly Agenda and documentation Subject No. 50: Questions relating to the environment

Draft Assembly working paper – United Nations Climate Neutral initiative 62. The Council considered: C-WP/13958 presented by the Secretary General, to which was attached a draft Assembly working paper on progress of work related to the Climate Neutral United Nations (CNUN) initiative; and an oral report thereon by the Air Transport Committee (ATC), which had reviewed the paper at its Second Meeting of the current session on 19 February 2013. 63. The Committee had recognized the need for ICAO to continue to cooperate with other UN bodies with a view to implementing this UN-wide initiative by providing, inter alia, support related to the ICAO Carbon Emissions Calculator and Green Meetings Calculator, and by further developing and implementing the emissions reduction plan for the Organization. The Committee had acknowledged the positive feedback received from other UN bodies with respect to the ICAO support of these calculators. 64. It had been clarified that, while the Green Meetings Calculator generated an optimal location for a meeting in terms of air travel CO2 emissions of the meeting participants, there were many other factors that might affect the decision on where a meeting should be held. The Committee had noted that the draft Assembly working paper reported on the progress of work as requested by Operative Clause 24 o) of Assembly Resolution A37-19 (Consolidated statement of continuing ICAO policies and practices related to environmental protection – Climate change) and sought support by the 38th Session of the Assembly for the continuation of the Organization’s work.

65. In the absence of comments, the Council took the action recommended by the ATC and approved, as documentation for the 38th Session of the Assembly, the draft Assembly working paper attached to C-WP/13958. Subject No. 50: Questions relating to the environment

Ninth Meeting of the Committee on Aviation Environmental Protection (CAEP/9) (Montréal, 4 to 14 February 2013)

66. The Council commenced its consideration of this subject on the basis of the following interim oral report by the Secretary General: 67. The key issues on the Agenda of the CAEP/9 Meeting had been a new aircraft noise Standard, progress in the developments of the ICAO CO2 Standard for aircraft and an agreement on priorities for the next work cycle. The meeting had been attended by nearly 200 participants, including 23 Members, 16 Observers, and their advisors.

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68. The meeting had agreed on a comprehensive set of 18 recommendations that would help ICAO fulfill its mandate on aviation environmental protection. Most of those recommendations cemented the work undertaken by the technical experts in CAEP over the past three years, while others dealt with setting priorities and laying out CAEP’s work for the coming three years.

69. ICAO had set three environmental goals for international aviation related to reducing the number of people exposed to significant aircraft noise, as well as reducing the impact of aviation emissions on global climate and local air quality. The excellent results of the CAEP/9 Meeting represented further steps towards achieving those goals, and were the outcome of a very challenging meeting in which the international community showed willingness to reach compromises to deliver comprehensive environmental solutions. Noise

70. CAEP had continued efforts to ensure that the latest available noise reduction technology was incorporated into aircraft designs, and that the noise reductions offered by those technologies were reflected in reductions around airports. One of the main achievements of the CAEP/9 Meeting had been to recommend that Annex 16 – Environmental Protection, Volume I – Aircraft Noise, be amended to include an increase in stringency of 7 EPNdB relative to the current Chapter 4 cumulative levels. This had resulted in the recommendation of a new Chapter 14 noise Standard, that would have applicability to new aircraft types submitted for certification on or after 31 December 2017, and 31 December 2020 for aircraft less than 55 tonnes. This recommendation had been supported by a significant data-driven process and the cost-benefit modelling analysis of several different noise stringency options. 71. Following extensive discussions and consultations, and in cooperation with airworthiness, operations and legal experts, the CAEP had recommended to amend Annex 16, Volume I, Chapter 13 to include a noise certification Standard for Tilt-rotor aircraft. This also included a recommendation for the consideration of Tilt-rotor provisions in Annex 1 – Personnel Licensing, Annex 6 – Operation of Aircraft, Annex 7 – Aircraft Nationality and Registration Marks, and Annex 8 – Airworthiness of Aircraft.

72. The second Independent Expert Panel review of novel aircraft noise technology and medium- and long-term noise reduction goals had been undertaken during this CAEP cycle. The meeting had endorsed the results of this review, including an updated set of mid-term (2020) and long-term (2030) technology goals for reducing jet and turboprop aircraft noise. CAEP had agreed to publish this review and that the noise technology goals be used to inform future ICAO noise activities. Operations

73. CAEP had agreed to recommend the publication of: a new ICAO manual on operational opportunities to reduce fuel burn and emissions, which would replace ICAO Circular 303 (Operational Opportunities to Minimize Fuel Use and Reduce Emissions); and a new ICAO guidance document on environmental assessment of air traffic management operational changes. Key portions of the latter had been made available in draft form to the focal points in each CAEP Member State to support the development of their action plans. The Secretary General was pleased to report that the feedback from States on this document had been overwhelmingly positive. CAEP had also considered the Independent Expert review on operational goals, which had developed challenging and aspirational operational environmental goals. CAEP had agreed to publish the fuel burn operational goals, which would be included in future CAEP environmental trends analysis as a new scenario.

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Emissions 74. Further work on Particulate Matter (PM) had continued and CAEP had worked with SAE International to prove the non-volatile PM (nvPM) sampling system to measure behind aircraft engines, and a working draft Aerospace Recommended Practice (ARP) was nearly complete. Additional full scale testing was needed for engines of all sizes, yet insufficient funding had prevented those tests from being conducted. Measurement campaigns and finalization of the ARP would continue as a prelude to the nvPM emissions certification requirement and new Standard. The meeting had also been informed that significant research progress was advancing the understanding of volatile PM formation. 75. Regarding the development of the CO2 Standard for aircraft, CAEP had approved, in addition to the CO2 metric system, the mature ICAO Annex 16, Volume III, CO2 certification requirement and had agreed that it should be published in an ICAO Circular. There had been many technical challenges during the development of the certification requirement, and that had resulted in a delay in the delivery of the CO2 Standard, originally intended for 2013. To move forward and to build on the significant progress made, CAEP had agreed on a comprehensive CO2 Standard-setting work plan with a late-2015 deliverable date. Modelling and Economics

76. The CAEP Forecast and Economic Analysis Support Group (FESG) had completed the development of new traffic and fleet forecasts. The forecasts had been developed by route groups for both passenger and cargo services, over a forecast period of 2010 to 2040, with an extension to 2050. The results had shown that, in the most likely scenario, the world combined passenger and cargo traffic was expected to grow at the average annual growth rate of 5.0 per cent over the forecast period and at 4.2 per cent over the extension period. These growth rates fell to 4.3 per cent and 3.7 per cent respectively under the low scenario and increased to 5.7 and 4.6 per cent respectively under the high scenario. CAEP had recommended that the forecast be used as the basis for all environmental analyses undertaken during the CAEP/10 cycle. 77. Regarding the updated fuel trends for international aviation, work was continuing and would include modelled fuel burn for 2006, 2010, 2020, 2030, 2040, with an extension to 2050. The aim was to complete the work for consideration by the Council, in the form of a draft Assembly working paper, during April 2013.

Future work 78. As for the Committee’s work over the next three years, it had been decided that efforts would continue in emissions, noise and operations, including, inter alia, the completion of the CO2 Standard for aircraft and the further development of a PM Standard. The meeting had developed a comprehensive future work programme and a high-level schedule of activities. The CAEP Members and Observers had committed to providing appropriate resources and technical expertise in order to continue to deliver the impressive quantity and quality of work that had come to be expected of it. Continuous support from the Secretariat had also been sought by the meeting as essential to progressing the work. 79. During the ensuing discussion, Representatives congratulated the Members of the CAEP and the Secretariat for the excellent results achieved at the CAEP/9 Meeting, which would serve as a roadmap for ICAO for its technical work in the field of environmental protection.

80. Recalling that his State was a Member of the Committee, the Representative of Argentina noted that it was fully aware of the enormous difficulties which the CAEP had overcome in order to reach consensus on practically all of the issues on the meeting’s Agenda. The oral report clearly demonstrated the quality and consensus-based nature of the Committee’s work. The Representative of Argentina strongly

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supported the CAEP’s recommendations, in particular those concerning Annex 16, the new manual on operational opportunities to reduce fuel burn and emissions which would replace Circular 303, the modelling- and economics-related work, and the proposed CAEP work programme for the next triennium. He assured the Secretary General of his continued collaboration, and that of his State, in supporting the CAEP in overcoming the various technical, economic and other difficulties cited in the oral report. 81. In welcoming and endorsing the Committee’s recommendations, the Representative of Belgium observed that the difficult discussions that had taken place during the CAEP/9 Meeting had made it possible to arrive at compromises that were acceptable to all parties, as highlighted by representatives of industry and numerous other stakeholders. In expressing support in particular for the CAEP’s new noise certification Standard, he underscored that noise continued to be a major problem in the vicinity of many airports, including those in Belgium, and represented a constraint on the development of air transport. This new Standard should contribute to limiting noise at source, which was an important element of ICAO’s policy of a balanced approach to aircraft noise management. In recognizing the challenge that a CO2 Standard for aircraft presented, the Representative of Belgium noted that the CAEP had successfully completed, within a limited period of time, the first phase of defining the certification requirements. He could only encourage the CAEP to continue its efforts in the second phase, and States to provide the Committee with the necessary resources for its future work. 82. Recalling the Council’s previous discussions on limiting the size of certain Standing Committees of the Council for reasons of efficiency, the Representative of Spain noted that, although more than one hundred people had participated in the CAEP/9 Meeting, including 23 Committee Members, it had still achieved excellent results. He commended the Committee’s efficacy. The Representative of Spain then sought clarification regarding the fuel burn operational goals referred to in the oral report. Referring to the CO2 Standard for aircraft, he noted that the delivery had initially been intended for 2013 but was now envisaged for late 2015. While recognizing that there were good reasons for that delay, he underscored that it would have an impact not only on the 38th Session of the Assembly in 2013 but also on the 39th Session of the Assembly in 2016. Noting that the FESG had forecast an average annual growth rate in combined passenger and cargo traffic of 5.0 per cent over the period of 2010 to 2040, the Representative of Spain enquired how that compared to the forecasts of other ICAO groups.

83. In offering clarifications, the Chief of the Environmental Protection Branch (C/ENV) recalled that it had been decided in 2004 to have, in addition to a Standard, fuel burn operational goals for the medium term and long term, specifically 10 and 20 years, as industry required a clearer perspective regarding future technological work and possible operating restrictions. An Independent Expert Panel review process had therefore been established. C/ENV noted that the Panel’s third report (Doc 9963) set a series of goals that represented the percentage of fuel usage and emissions that could be reduced relative to the baseline year of 2010 by eliminating fuel usage inefficiency in the operational portion. The goals could be summarized as follows: for 2020, a reduction of 3.25 per cent over the 2010 figures; for 2030, a 6.75 per cent reduction over the 2010 figures; and in 2040, a 9.00 per cent reduction over the 2010 figures.

84. C/ENV noted that the CAEP had a consensus-based process for forecasting, whereby input from a broad range of stakeholders was peer reviewed. That basic data was entered into the various models and served to establish the baseline and the growth rate for passengers, fleet, and cargo. The FESG was the only group within ICAO that generated a traffic forecast. 85. At the time of adjournment, a number of comments had been made and clarifications provided. It was agreed to return to this subject at the next meeting.

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Any other business Council working paper presented for information 86. As the President of the Council had not received any requests to have the following information paper tabled for consideration, it is considered that the Council has noted the information provided therein:

C-WP/13973 — Report on activities during the recess — circulated under cover of

PRES RK/2151 dated 22 February 2013 with a deadline of 1 March 2013 for comments. 87. The meeting adjourned at 1300 hours.

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SUMMARY MINUTES OF THE NINTH MEETING

(THE COUNCIL CHAMBER, FRIDAY, 8 MARCH 2013, AT 1000 HOURS)

OPEN MEETING



PRESENT:




— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez — Mrs. L. Camacho Bueno (Alt.)— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Mr. J. Twijuke — Mr. R. Al Kaabi (Alt.) — Mr. M. Rodmell — Mr. D. Woerth


Mr. C.M. Vallarino (Alt.) Mr. M. da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. J.L. Viera (Alt.) Mr. M. Delisle (Alt.) Mr. P. Pape (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. K. Ferjan (Alt.) Mr. J.L. Novak (Alt.)

― Argentina ― Brazil ― Brazil ― Brazil — Canada ― France ― Japan ― Mexico ― Republic of Korea ― Republic of Korea ― Slovenia ― United States

Mr. D. Azema *Mr. B. Djibo *Mr. J. Begin *Mr. J. Augustin *Mrs. J. Hupe *Mr. T. Tanaka *Mr. T. Thrasher *Mr. C. Petras *Ms. S. Brand Miss S. Black

— DC/OSG ― D/ATB ― PO/SP ― A/D/LEB ― C/ENV ― ENV ― ENV ― LO/LEB ― ENV ― Précis-writer

*Part-time

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International Women’s Day 2013 1. The following statement was pronounced by the President of the Council on the occasion of International Women’s Day on 8 March 2013: “Each year, International Women's Day is celebrated around the world on 8 March. Thousands of events occur not just on this day, but throughout March to mark the economic, political and social achievements of women.

“The theme selected to mark this occasion this year is: A promise is a promise: Time for action to end violence against women.

“This theme highlights how, every day in cities around the world, women and girls face violence in public spaces as they go about their daily routines.

“Agencies such as the UN Women’s Safe Cities programme work to put an end to these cycles of abuse in cities where violent crime threatens the safety and security of all citizens, particularly women and girls.

“For the women of the world today, the symbolism of International Women’s day has special meaning – it is an occasion to review how far they have come in their struggle and an opportunity to unite, network and mobilize for meaningful change. “Let us join them today in acknowledging the many successes seen in recent years aimed at improving women’s health, safety and economic status.” Subject No. 50: Questions relating to the environment

Ninth Meeting of the Committee on Aviation Environmental Protection (CAEP/9) (Montréal, 4 to 14 February 2013)

2. The Council resumed (198/8) and completed its consideration of an interim oral report by the Secretary General on the outcome of CAEP/9, held in Montréal from 4 to 14 February 2013. 3. In congratulating the CAEP on the progress made regarding, inter alia, noise emissions, the Representative of France underscored that the latter remained an unresolved issue in a certain number of densely-populated areas in the vicinity of airports and a major concern vis-à-vis sustainable development. Observing that much work had also been done by the Panel in the area of aircraft emissions, the Representative of France highlighted the CAEP’s approval of a CO2 metric system. Encouraging the Panel to work as expeditiously as possible to define a global CO2 certification Standard for aircraft, he recalled that although the latter had initially been envisaged for 2013, the target date for completion had since been changed to 2014-2015. The Representative of France did not wish the definition of the said Standard to be delayed too much as it was an important element of the policy to limit or reduce international aviation emissions. 4. With regard to the economic aspect, the Representative of France reiterated that a unit for forecasting and statistics should be established within ICAO. In emphasizing the need for the CAEP and the Secretariat to agree on traffic forecasts, he noted that the two presentations given during the informal briefing on the latest developments on aviation and climate change on 7 March 2013 by the Directors of the

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Air Transport Action Group (ATAG) and the International Coalition for Sustainable Aviation (ICSA) had demonstrated that those groups did not forecast traffic in the same way as ICAO. Underscoring that differences in the traffic forecasts weakened their credibility, the Representative of France stressed the need for improvement and encouraged the Secretariat to proceed along the lines he had suggested. 5. Recalling the comments made during the Council’s earlier discussion (198/8) of C-WP/13957 (Environmental protection – Recent developments in other United Nations bodies and international organizations), the Representative of the United Kingdom reiterated the importance of ICAO taking every opportunity to publicize its achievements in the field of environmental protection, including the CAEP’s successes, in view of the increasing pressure for local constraints on growth and for operational restrictions, which could harm aviation as a driver of economic growth. 6. Noting that the CAEP’s traffic forecasts had been validated and were recognized by other UN Specialized Agencies, the Representative of Mexico emphasized the importance of sharing them with Delegates to the United Nations Framework Convention on Climate Change (UNFCCC) meetings, as well as with Delegates to relevant ICAO meetings, including the Members of the High-level Group on International Aviation and Climate Change (HGCC). He recalled, in this regard, that some Delegates had concerns about addressing certain climate change-related issues, such as aspirational goals, as they considered that there was insufficient data available. The Representative of Mexico affirmed that such sharing of data with Delegates, who would in turn share them with their national administrations, would progress the development of policies on outstanding issues relating to international aviation and climate change. 7. The Representative of Morocco suggested, in this context, that a State letter be issued highlighting the Organization’s achievements in the field of environmental protection and encouraging aviation authorities to familiarize themselves with ICAO’s positions on various issues and to coordinate with one another so as to defend those positions at international conferences and other meetings. The Representative of Saudi Arabia supported this proposal.

8. Observing that the CAEP programme had demonstrated that it was a flagship one for ICAO, the Representative of Australia stressed that the Panel would require the continued support of the Organization and the Secretariat in order to maintain momentum in its important work. It would therefore be necessary for the Council to carefully consider what priority was to be given to the CAEP programme in the coming 2014-2015-2016 triennium. 9. The Representative of the Russian Federation endorsed the views expressed by the two previous speakers. Referring to the comments made regarding a global CO2 certification Standard for aircraft, he recalled that some CAEP Members considered that it should be renamed to reflect that it is an efficiency standard for aircraft engines. 10. In supporting the comments made by the Representative of France regarding forecasting, the Representative of Uganda emphasized that information was power and that it was critical for making sound decisions. Indicating that it was sometimes not possible to await data from industry and other international organizations, he underscored that a source within ICAO was necessary for quick, accurate and validated information on which to base decisions. Referring to the comments made by the Representative of Australia, the Representative of Uganda noted that while the CAEP had made substantial progress, much more work remained to be done. The Council must continue to support the Panel and call upon all Member States to do the same.

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11. The Representative of Colombia agreed that in-house data was essential in order to make informed decisions that were based on reality and not simply on opinions. He emphasized that in the budget proposal for the 2014-2015-2016 triennium priority should be given to the related Strategic Objective of the economic development of air transport.

12. The Representative of Cuba reiterated the importance of ICAO developing the capacity to conduct its own economic studies to provide the data required to inform the Organization’s and States’ positions on air transport-related matters. 13. Recalling questions he had raised earlier regarding the interrelation of the work of the various economic modelling and forecasting groups and, in particular, the role of the CAEP in forecasting traffic and costs, the Representative of Spain suggested that an informal briefing be given on traffic forecasting in ICAO. He underscored that this issue was of paramount importance in light of the said presentations by ATAG and ICSA the previous day. The Representative of Saudi Arabia endorsed this proposal.

14. While commending the work done by the CAEP with regard to the development of a global CO2 certification Standard for aircraft, the Representative of India emphasized the need for the Panel to give adequate attention and publicity to non-CO2 aviation emissions in order to determine the latter’s effect on climate change and identify where efficiencies would be required. 15. Noting that different ICAO traffic forecasts had been published in a brochure and in the CAEP reports for several years, the Secretary General underscored that the situation could not continue as the discrepancies were becoming increasingly harmful, as had been seen in the previous day’s informal briefing on the latest developments on aviation and climate change. He had spoken with the CAEP Rapporteurs responsible for forecasting during the CAEP/9 meeting, who had indicated that the Panel’s forecasts were superior to those of the Secretariat. Averring that it was unacceptable for ICAO to have two series of forecasts, the Secretary General indicated that it would be beneficial to have an informal briefing as suggested by the Representative of Spain as it would oblige the Secretariat to adopt a coherent approach to forecasting. 16. The President of the Council observed, from the discussion, that there was general agreement that the work of the CAEP and the Secretariat was excellent and that they should be congratulated on their achievements at the last Panel meeting.

17. In then noting the Secretary General’s oral report, the Council welcomed, with appreciation, the substantial results achieved by the CAEP/9 meeting in a range of important environmental matters. It was understood that a final report proposing action on the CAEP/9 recommendations following their review by the Air Navigation Commission (ANC) would be presented for consideration during the next (199th) session.

Progress report of the High-level Group on International Aviation and Climate Change (HGCC)

18. The Council considered this subject on the basis of: C-WP/13959, presented by the Chairperson of the HGCC; and an oral report thereon by the Air Transport Committee (ATC), which had considered the paper at its Second Meeting of the current session on 19 February 2013. The paper reported on progress regarding the development of policy recommendations for the Council on the elements for inclusion in the draft Assembly Resolution on international aviation and climate change to be presented to the 38th Session of the Assembly. It highlighted the progress of the Group’s work in the areas of: global

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aspirational goals; technological and operational measures; sustainable alternative fuels for aviation; market-based measures (MBMs); States’ Action Plans; and assistance to States. 19. In its oral report, the ATC recognized the following as means by which to facilitate the Group’s work: the submission of proposals from HGCC Members that seek to bridge divergent views, as requested by the Group’s Chairperson at the Second Meeting (Montréal, 30 January to 1 February 2013); the provision of more information from the Secretariat, including on the coverage of international aviation emissions by geographic scope approaches for MBMs and on processes and mechanisms for assistance to States in the matter of reducing emissions from international aviation; and the consideration of views and perspectives of the aviation industry and environmental non-governmental organizations (NGOs). There was general support for a draft Assembly Resolution text, not yet including the provisions on MBMs, to be considered by the HGCC at its Third Meeting (Montréal, 25 to 27 March 2013) to facilitate agreement on non-MBM issues where convergence of views is expected earlier. The ATC stressed the need for the Council to send a strong message to the HGCC to accelerate its work in fulfilling the mandate given by the Council (197/6) so that a proposal for the said draft Assembly Resolution on international aviation and climate change would be developed by the Council during its next (199th) session. 20. The Representatives of Belgium, Japan, Spain, Mexico, France, Singapore and Germany voiced support for the ATC’s oral report. 21. At the suggestion of its President, the Council focused its discussion on proposals that would help to make progress at the upcoming HGCC Meeting rather than on providing guidance on issues where divergent views of the HGCC Members remained, in particular the four key issues on a framework for MBMs set forth in paragraph 4.1 of C-WP/13959, as proposed in action paragraph b) of the executive summary of the paper. 22. The Representative of Argentina averred that it would be difficult to reach agreement within ICAO on how to address aviation emissions when there was not yet agreement thereon in the primary forum for addressing climate change issues, the United Nations Framework Convention on Climate Change (UNFCCC), and when almost all ICAO Member States were Members of the UNFCCC. Argentina considered that to achieve consensus in ICAO, it was necessary to uphold the principles and provisions of the UNFCCC and to take into account the needs of developing countries, which were far from the world markets. His State agreed with the comments made previously (198/8) by the Representative of China on the need for the Secretariat, pursuant to Assembly Resolution A37-19 (Consolidated statement of continuing ICAO policies and practices related to environmental protection – Climate change), to conduct more in-depth studies to assess the economic impacts of a global MBM scheme on such developing countries. As highlighted earlier by the Representative of the Russian Federation, it was necessary to focus on emission reduction measures that had tangible effects, namely, operational measures, alternative fuels for aviation and fleet renewal, which were measures on which all States agreed.

23. Observing that circumstances had changed since the Council’s last consideration of the issue of international aviation and climate change, the Representative of Argentina noted that the European Union (EU) had suspended the unilateral and extraterritorial application of its Emissions Trading Scheme (ETS) to non-European air carriers with a view to facilitating the attainment of consensus in ICAO on that issue. In response to this gesture of goodwill, other non-EU States were also making an effort to reach a consensus and to thereby demonstrate that ICAO could achieve effective solutions for reducing aviation emissions.

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24. Argentina therefore proposed that the HGCC work on a draft Assembly Resolution on international aviation and climate change which would have as its basis the existing text of Assembly Resolution A37-19 on which no reservations had been expressed by States at the last Assembly. Discussion of that text on which broad consensus had already been achieved should not be reopened. This would ensure that there would be a new Assembly Resolution containing points of agreement. The little time remaining before the 38th Session of the Assembly could therefore be spent on those areas where agreement had not yet been reached. In this manner, ICAO would be able to demonstrate to the international community that there was agreement on certain points and that it was moving forward with aviation emissions reductions. The Representatives of Belgium, the United States, the United Arab Emirates, Spain, Mexico, France, the Russian Federation, Colombia, Cuba, Saudi Arabia, the United Kingdom, Peru, Morocco, India, Germany, Australia and Burkina Faso endorsed this proposal. The Representative of Saudi Arabia and Germany also supported the other comments made by the Representative of Argentina.

25. The Representative of Belgium recalled, in this regard, that a large part of Assembly Resolution A37-19 had been adopted unanimously. While appreciating the progress made by the HGCC, he supported action paragraph c) in the executive summary of C-WP/13959 whereby the Group would be requested to accelerate its work to develop policy recommendations for the Council and an Assembly Resolution proposal. The Representative of Belgium also endorsed the ATC’s said three proposals to enable the HGCC to complete its mandate. The Group should focus on those elements of Assembly Resolution A37-19 where progress could be made. In order to advance on a framework for MBMs in international aviation, the HGCC should be able to base its deliberations on credible data and have an in-depth discussion, as had been emphasized during the Council’s earlier consideration of the interim oral report on the outcome of the Ninth Meeting of the Committee on Aviation Environmental Protection (CAEP/9). Furthermore, as requested previously by several HGCC Members (cf. paragraph 4.1.2 of the paper), the Secretariat should analyze the coverage of international aviation emissions by the three identified approaches (departing flights, national aircraft operators’ registration and national airspace) to the geographical scope of a framework for MBMs, setting forth the advantages and disadvantages of each option and relevant figures. 26. In sharing this view, the Representative of the United States underscored that those elements of Assembly Resolution A37-19 on which broad consensus had been achieved should be solidified and that any requisite updates should be made to reflect the progress made by ICAO since the last Assembly and next steps. This would enable attention to be focused very narrowly on any remaining points on which there were divergent opinions. 27. Commenting on the paper, the Representative of Brazil averred that it did not reflect, in a comprehensive and holistic way, all of the discussions of the HGCC during its Second Meeting, which he considered were an essential part and the very basis for further and legitimate deliberations in ICAO on the issue of international aviation and climate change. He noted that the paper did not refer to the fact that various HGCC Members had stressed that it was fundamental that ICAO ensure the consistency of its work with the principles and provisions of the UNFCCC and that many HGCC Members had reiterated, under various Agenda items, the reservations that their States had made on certain provisions of Assembly Resolution A37-19, including the medium-term global aspirational goal of carbon neutral growth (CNG) from 2020. Similarly, the paper did not reflect the comments made by HGCC Members regarding the need, under the said Assembly Resolution, to maintain the voluntary, non-attributable nature of that goal or that developed countries could enhance the provision of new and additional resources, technology transfer, technical assistance and capacity-building to developing countries. There was also no reference to statements made by HGCC Members who did not support the recommendations set forth in paragraph 6.1 of the paper relating to the role of ICAO with regard to assistance to States as they did not reflect the

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principle of common but differentiated responsibilities (CBDR). Those recommendations identified priorities that must be chosen by States themselves and proposed mechanisms that would be better developed under the UNFCCC. Furthermore, they presented the submission to ICAO of State Action Plans on CO2 Emissions Reduction Activities as a requirement for support, which was not the case. 28. In sharing the views expressed earlier (198/8) by the Representatives of China, India and the Russian Federation, among others, regarding a framework for MBMs, the Representative of Brazil indicated that it was his understanding that the HGCC would follow a comprehensive approach and impartially evaluate all of the options in the basket of measures, without singling out any of them. He reiterated the utmost importance of an assessment of the economic impacts of a global MBM scheme on international aviation in general and on developing countries in particular.

29. Agreeing that the paper did not reflect the HGCC’s discussions in a balanced way, the Representative of China noted, by way of an example, that it did not refer to the view expressed by many developing countries that the principles and provisions of the UNFCCC, including CBDR, and the principle of non-discrimination of the Chicago Convention, should be taken into account in formulating ICAO’s policy on MBMs for international aviation.

30. In also concurring that it was important to assess the economic impacts of a global MBM scheme in order to address concerns about potential negative repercussions on the development of civil aviation, the Representative of China suggested that a corresponding action paragraph be added to the paper along the following lines: “Urge the Secretariat to accelerate its work of assessment of MBMs’ economic impact on international aviation, especially on developing countries, and report to the Council in its 199th Session”. He stressed that such an assessment would enable a balanced approach to be taken to the issue of international aviation and climate change. The Representatives of Colombia, Cuba, India, Singapore, Germany, the Russian Federation and Burkina Faso endorsed this proposal. In so doing, the Representative of India indicated that it was his understanding that no regression analysis had yet been done of MBMs as the latter had not been able to take root anywhere. Furthermore, the price of carbon had not been determined in any prominent way anywhere so the effect of MBMs was open to doubt. Moreover, there was the divergent view of the aviation industry, which was in favour of a set of global MBMs, perhaps promulgated by ICAO, but which was opposed to a framework for MBMs. 31. The Representative of the Russian Federation drew attention to paragraph 3.2 of HGCC/2-WP/10 (An alternative approach to applying market-based measures to international aviation) presented by his State to the Second Meeting of the HGCC (Montréal, 30 January to 1 February 2013), which indicated that during the first 15 years following the implementation of the aspirational goal of CNG, emission allowances would cost the aviation sector around USD 151.2 billion, out of which USD 143.7 billion would be paid outside the aviation sector. If payments to the UNFCCC’s “Green Climate Fund” were added, the total payment would rise to USD 191.7 billion. As a result, there would be a reduction in demand ranging from 0.35 per cent to 2.52 per cent compared to the Revenue Tonne Kilometre (RTK) level in the absence of global MBMs (cf. paragraph 2.4 of HGCC/1-WP/8). As stated in paragraph 3.2 of HGCC/2-WP/10, it would make the aviation sector “bloodless” for the introduction of new technologies, renewal of the fleet, etc. The purchase of emission allowances would increase emissions of the aviation sector in all cases. 32. The President of the Council, who was also the Chairperson of the HGCC, recalled that C-WP/13959 was based on the summaries of discussions of the Group’s meetings, on which Members had commented prior to their finalization. The drafting points raised by the Representatives of Brazil and China were reflected therein.

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33. In noting the proposal by the Representative of China for a new action paragraph, the President of the Council recalled that the results of the continued evaluation, in a qualitative and quantitative manner, by the expert group on MBMs of the three options for a global MBM scheme had been presented to the Council in November 2012 (C-WP/13894; 197/6) and to the HGCC in December 2012 (HGCC/1-WPs/7 and /8). The quantitative assessment had demonstrated that with the MBM scenarios there were marginal differences in the impacts between: regions; least developed countries (LDCs) and non-LDCs; and country groups. More work was required, however.

34. The Representative of China underscored that although the analysis of the effects of MBMs on developing countries had been proposed many times by the Chinese expert, the said group had never focused thereon, concentrating instead on the implementation of MBMs and the extent to which they reduced aviation emissions.

35. Noting that no reservations had been expressed by States regarding Operative Clause 13 of Assembly Resolution A37-19, in which the Council was requested to undertake work to develop a framework for MBMs with the support of Member States, the Representative of Japan indicated that it was his expectation that, in considering the Secretariat’s draft Assembly Resolution, the HGCC would have constructive discussions on such a framework to bridge the gap between any divergent views. He looked forward to reviewing the full draft Assembly Resolution text at the next (199th) Council session. 36. The Representative of the United Arab Emirates supported these comments, as well as those made by the Representatives of Argentina and Belgium. He emphasized that the HGCC should provide policy advice to the Council on how to advance the development of such a framework for MBMs and, if possible, a draft Assembly Resolution text. The Representative of Morocco concurred.

37. The Representative of the Russian Federation underscored that, while all would strive to attain consensus on a framework for MBMs, it was premature to indicate that consensus on that highly-complex issue could be achieved. While the draft Assembly Resolution would have to take into account that work thereon was being conducted, it should only cover those elements on which there were no reservations. He emphasized that it was important to demonstrate to the international community that ICAO was fulfilling its leadership role and making progress in addressing the issue of international aviation and climate change. The Representative of the Russian Federation cited working paper HGCC/2-WP/8 (Engaging aviation stakeholders to develop Canada’s Action Plan) presented by Canada to the Second Meeting of the HGCC as an excellent example of how to achieve tangible results without any MBMs.

38. In supporting these comments, the Representative of Burkina Faso emphasized the importance of finding common ground.

39. The Representative of Spain affirmed that the broad consensus reached at the last Assembly on various elements of Assembly Resolution A37-19, together with the concrete work carried out by ICAO through the CAEP, were more than a sufficient basis for achieving a solid agreement at the 38th Session of the Assembly. What remained to be done was further work on outstanding issues on which there were divergent views. The ATC’s proposals were very pertinent in that regard. With reference to the Committee’s third proposal that the HGCC consider the perspectives of the aviation industry and NGOs, the Representative of Spain underscored the need for the envisaged presentations to be much more tangible than the ones given during the previous day’s informal briefing on the latest developments on aviation and climate change. While they had been excellent, more detailed information and clearer proposals were

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required to further the HGCC’s and the Council’s work. The Representatives of Colombia and Singapore agreed.

40. The Representative of Mexico also shared this view, as well as the views expressed by the Representatives of Belgium and the United States. He underscored the need for the Council, as the governing body, to send a strong message to the HGCC to accelerate its work to develop policy recommendations, including on a framework for MBMs, on which it was necessary to report to the upcoming Assembly. 41. Endorsing the comments made by the Representatives of Belgium and Spain regarding the envisaged draft Assembly Resolution, the Representative of France suggested that the HGCC be requested to focus its efforts on the difficult issue of MBMs. While agreeing on the need for the HGCC to accelerate its work, he stressed that it was necessary for the Group to abide by the Organization’s rules. ICAO had been mandated by its Assembly and was not subordinate to any other international organization. The Representative of France expressed some reservations regarding the statement made by the Representative of Argentina in this regard.

42. Voicing support for the paper, the Representatives of Egypt and Morocco underscored that if the Council wished the HGCC to accelerate its work, then it would also have to urge developed countries to provide assistance to developing countries in the establishment of their Action Plans. The Representative of Egypt cited, as an example of such assistance, the support provided by Japan for the production of alternative fuels in his State.

43. In sharing the views expressed by Argentina, Spain and China, the Representative of Colombia emphasized the importance of the HGCC arriving at an agreement on an urgent basis and of its work being aligned with the principles of the UNFCCC and ICAO. He also stressed the need to: consider the issue of emission allowances, which would seem to cost less to implement that other emission-reduction measures, and to ensure that there was no market distortion: and to identify mechanisms for technology transfer and financial support for applying the basket of measures, implementing the Global Air Navigation Plan (GANP) and developing sustainable alternative fuels for aviation. 44. In endorsing the comments made by the Representatives of Brazil and China, the Representative of Cuba noted that Operative Clause 22 referred specifically to ICAO’s role in the provision of assistance to developing countries.

45. The Representative of the United Kingdom emphasized the importance of the Secretariat providing factual background information to the HGCC, including with respect to the coverage and practicalities of MBMs by geographical scope, and on processes and mechanisms for assistance to developing States in the matter of reducing emissions by international aviation. He hoped that the Council would be informed on what would be possible in that respect prior to the HGCC’s Third Meeting.

46. Sharing the views expressed by the Representatives of Belgium, the United States, Japan and France, inter alia, the Representative of Germany reiterated the need for the Secretariat to provide the requisite data, in particular regarding the contentious issue of geographical scope, so as to enable sound decisions to be made on how to make further progress. He considered, on the basis of European studies and the presentations made during the previous day’s informal briefing, that MBMs, as part of the basket of measures, were essential to ensure the sustainable growth of international aviation beyond 2020 as there would be other mechanisms in place at that time which would endanger such growth. It was therefore necessary to ensure that by 2020 at the latest there were MBMs in place, preferably a global MBM scheme

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but if that were not possible, MBMs that were in accordance with a framework. Such a framework would need to be established very quickly in order to achieve ICAO’s objectives. 47. In considering the progress of work by the HGCC contained in C-WP/13959, the Council then took the action proposed by the President of the Council in light of the discussion and:

a) urged the HGCC to accelerate its work in fulfilling the mandate given by the Council to develop policy recommendations and an Assembly Resolution proposal in accordance with Operative Clauses 13, 18, 22 and any other provisions of Assembly Resolution A37-19, to be considered by the Council at its 199th Session to enable submission to the 38th Session of the Assembly;

b) encouraged the HGCC Members to submit written proposals to the Third Meeting that could bridge the gap between divergent views related to market-based measures (MBMs), including with respect to geographical scope for MBMs;

c) requested the Secretariat to provide more information to the HGCC, including with respect to the coverage and practicalities of MBMs by geographical scope, and on processes and mechanisms for assistance to developing States in the matter of reducing emissions by international aviation;

d) requested the Secretary for the HGCC to propose, at its Third Meeting, draft 38th Assembly Resolution text on international aviation and climate change without the provisions related to MBMs, building upon existing text adopted by the 37th Assembly with appropriate updates required to reflect the progress made by the Organization since the 37th Assembly and next steps;

e) requested the HGCC to complete the review of the draft 38th Assembly Resolution in d) above, at its Third Meeting, while ensuring that text to which updates are not required and no reservation was expressed at the 37th Assembly should remain unchanged; and

f) requested the Secretariat to present, in consultation with existing MBM experts, the assessment of the economic impacts on international aviation of a global MBM scheme, for consideration by the 199th Session of the Council.

48. It was agreed that, in view of comments made during the consideration of the previous item and this item, an informal briefing on traffic forecasting in ICAO and on the assessment of the impacts of a global MBM scheme on international aviation would be given during the next (199th) session. Subject No. 18: Subjects relating to finance Subject No. 24: Sessions of the Assembly Subject No. 24.3: Action on Assembly resolutions and decisions Subject No. 33: Character and working methods of representative bodies in ICAO

Proposal to hold Assembly sessions every two years 49. The Council had for consideration: C-WP/13970, presented by the Secretary General; and an oral report thereon by the Working Group on Governance and Efficiency (WGGE). The paper provided

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information to facilitate the Council’s study, at the request of the 37th Session of the Assembly, of: the proposal presented by Saudi Arabia (A37-WP/305) to hold Assembly sessions every two years and to switch to a two-year budget cycle as means for achieving more efficiency and effectiveness in the work of the governing bodies of ICAO, taking into account the need to ensure that the preparation for an Assembly every two years would not result in any additional overhead costs for the Organization; and the possibility of reducing the number of Council sessions, from three to two, during a year when the Assembly will be convened. The Council had been requested to present a report on these issues to the next session of the Assembly. 50. The WGGE had reviewed the paper during its First Meeting of the current session on 12 February 2013. In its oral report, the Working Group indicated that it could not support the proposal by Saudi Arabia to hold Assembly sessions every two years and adopt a two-year budget as it would have additional financial implications for ICAO and States that have to attend the Assembly sessions. In particular, it had been noted that there would be an additional cost of CAD 757 500 at today’s estimates in a six-year period if the Assembly were held every two years. Furthermore, the proposal to have biennial sessions of the Assembly would have an adverse effect on States in regional groupings with rotational representation that have to put in place arrangements to comply with Assembly Resolution A4-1, which requires States elected to the Council to maintain permanent representation in Montréal. It would also require an amendment to the Chicago Convention so that Council elections coincide with the holding of a biennial Assembly. Finally, the WGGE observed that, given the significant workload of the Council in the lead up to an Assembly, it would not be feasible for the number of Council sessions to be reduced from three to two during a year when the Assembly will be convened. 51. In endorsing the comments and recommendations of the WGGE, the Council:

a) decided not to recommend to the 38th Session of the Assembly the holding of Assembly sessions every two years, the adoption of a two-year budget and the reduction of the number of Council sessions from three to two during a year when the Assembly will be convened; and

b) requested the Secretary General to prepare a draft Assembly working paper on the above-mentioned issues in line with the WGGE’s recommendations and to present it for consideration during the next (199th) session.

Subject No. 24.3: Action on Assembly Resolutions and decisions Subject No. 27.1: Amendments to the Chicago Convention Subject No. 33: Character and working methods of representative bodies in ICAO

Proposal to amend Article 50 a) of the Chicago Convention so as to increase the membership of the Council to 39

52. The Council had for consideration: C-WP/13971, in which the Secretary General presented information relating to the proposal made by Saudi Arabia during the 37th Session of the Assembly (A37-WP/333) to amend Article 50 a) of the Chicago Convention to increase the number of ICAO Council seats from 36 to 39; and an oral report thereon by the Working Group on Governance and Efficiency (WGGE). The said proposal had been referred to the Council by the Assembly and was to be handled in accordance with Operative Clause 8 of Assembly Resolution A4-3 and the procedure established in Rule 10 d) of the Standing Rules of Procedure of the Assembly (Doc 7600). It was noted that the action proposed in paragraph a) of the executive summary of C-WP/13971 was premature and should be deleted.

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53. The WGGE had reviewed the paper during its First Meeting of the current session on 12 February 2013. In its oral report, the Working Group noted the need and growing desire by many Member States to be represented on the Council but observed that increasing membership may not be the most appropriate means to address this matter. Concern was expressed that the proposal would have an impact on the efficiency of the work of the Council and would require an amendment to the Chicago Convention. It would also be necessary to decide on a split of the additional seats between the three parts. Furthermore, there would be no guarantee that the States and regional groupings that are seeking additional representation would be elected to the Council. The WGGE noted that the Council is elected by the Assembly and should be working on behalf of all Member States and represent their interests. The Working Group urged Council Representatives, in the course of their deliberations, to be mindful of the need, in the spirit of the Chicago Convention, to take into account the interests of other States in their regional groupings and all other Member States. 54. The Working Group therefore advised that the Council decide not to recommend an increase in the membership of the Council. However, it noted that any Member State has the right to make a proposal to the Council for amendment of the Chicago Convention in accordance with the procedure set out in Operative Clause 8 of Assembly Resolution A4-3 and Rule 10 d) of the Standing Rules of Procedure of the Assembly (Doc 7600). It thus supported the action proposed in paragraph b) of the executive summary of the paper.

55. The Representative of Spain observed that there was a contradiction between C-WP/13971 and the WGGE’s oral report: whereas paragraph 3.1 of the paper indicated that the proposal’s financial impact would not be overly significant for the Organization, the Working Group’s oral report referred to its impact on the efficiency of the Council’s work. This seemed to imply that any resulting inefficiencies would not have any financial repercussions. In then enquiring as to the procedure to be followed in the Assembly regarding the proposal by Saudi Arabia, the Representative of Spain queried whether it would be possible for the Assembly to vote thereon and decide, by a majority of the votes cast, to increase the membership of the Council from 36 to 39.

56. Reiterating that it was the sovereign right of every Member State to make a proposal to amend the Chicago Convention, the Acting Director of the Legal Affairs and External Relations Bureau (A/D/LEB) clarified that Saudi Arabia’s proposal would be presented to the Assembly, together with the Council’s comments and recommendations. It would be for the Assembly to decide, taking into account those comments and recommendations, whether it wished to proceed to adopt a Protocol of Amendment to the Chicago Convention to increase the number of seats on the Council from 36 to 39. A two-thirds vote of the Assembly would be required for the Protocol of Amendment to be adopted [cf. Article 94 a) of the Chicago Convention]. 57. Underscoring that ICAO was the only Organization of the United Nations (UN) common system whose governing body, the Council, and most of its Committees, were in session most of the year, the Representative of Japan maintained that increasing the Council’s membership would have a negative impact of its efficiency and effectiveness. He thus supported the WGGE’s oral report, as did the Representatives of the United States and Brazil.

58. While speaking neither in favour nor against the proposal, the Representative of Singapore emphasized the need and growing desire by many Member States to be represented on the Council, which had been noted by the WGGE. Recalling that the Working Group had also noted that the Council should be working on behalf of all Member States and represent their interests, he stressed that the envisaged draft

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Assembly working paper containing the Council’s comments and recommendations should objectively present the merits and challenges associated with increasing the number of seats on the Council and not merely a cut and dried recommendation that the membership not be augmented. It should address, in particular, the following issues: the growing desire of many Member States to be represented on the Council; the optimal size of the Council, which would also take into account its efficiency; and the proposal’s financial impact on ICAO and other stakeholders.

59. In endorsing these comments, the Representative of Morocco queried how it could be ensured that the Council acted not only on behalf of those States which had been elected thereto but also on behalf of those States which had not been elected. 60. The Representative of Uganda noted, from the paper and the WGGE’s oral report, that there was a reason for Saudi Arabia’s proposal to increase the Council’s membership, although augmenting the number of seats might not be the most appropriate approach. He supported the view expressed by the Representative of Singapore that the issue be further evaluated as there was clear evidence that some States were not satisfied with the current situation. ICAO should take a proactive approach in line with the WGGE’s oral report and study how to address the issue. The Representative of Uganda emphasized that there were many innovative ideas that could be shared, including establishing regional representations in a different manner.

61. The Representatives of Malaysia and Argentina echoed the comments made by the three previous speakers.

62. The Council endorsed the comments and recommendations of the WGGE. It decided not to recommend to the Assembly an increase in the membership of the Council from 36 to 39 and requested the Secretary General to present, for consideration during the next (199th) session, a draft Assembly working paper incorporating its comments and recommendations on the proposal by Saudi Arabia. Any other business Subject No. 6.3: Election of Chairmen and Members of subsidiary bodies of the Council

Appointment of a Member on the Air Navigation Commission (ANC)

63. In the absence of comments by 6 March 2013 to the President of the Council’s e-mail dated 28 February 2013, Mr. Hajime Yoshimura, nominated by Japan, has been appointed as the new Member of the ANC, replacing Mr. Daisuke Umezawa with effect from 25 March 2013. Subject No. 10: ICAO relations with the United Nations, the Specialized Agencies and other


Sixth Worldwide Air Transport Conference (ATConf/6) (Montréal, 18 to 22 March 2013) – Observers

64. It was noted that, in the absence of comments by 28 February 2013 to the President of the Council’s e-mail dated 26 February 2013, the Association of Asia Pacific Airlines (AAPA) and the Latin American & Caribbean Air Transport Association (ALTA) have been invited to participate as Observers in ATConf/6.

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65. It was further noted that, in the absence of comments by 7 March 2013 to the President of the Council’s e-mail dated 6 March 2013, the Arab Air Carriers Organization (AACO), the Central American Corporation for Air Navigation Services (COCESNA), the Inter-American Development Bank (IADB), the Asian Development Bank (ADB) and the African Development Bank (AfDB) have been invited to participate as Observers in the Conference.


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SUMMARY MINUTES OF THE TENTH MEETING

(THE COUNCIL CHAMBER, MONDAY, 11 MARCH 2013, AT 1430 HOURS)

OPEN MEETING



PRESENT:




— Mr. Y.-H. Lim — Mr. D. Méndez Mayora — Mr. A. Boulmane — Dr. O.B. Aliu — Mrs. A.Torres de Rodríguez— Mrs. D.E. Sotomayor Yalán— Mr. Choi, D. — Mr. A.A. Novgorodov — Mr. T.M.B. Kabli — Mr. T.-C. Ng — Mr. A. Krapež — Mr. L. Mabaso — Mr. V.M. Aguado — Mr. D. Litchfield — Mr. J. Twijuke — Mr. R. Al Kaabi (Alt.) — Mr. M. Rodmell — Mr. D. Woerth


Mr. C.M. Vallarino (Alt.) Mr. M. da Costa (Alt.) Mr. P. Jardim (Alt.) Mr. J.L.Viera (Alt.) Mr. M. Delisle (Alt.) Mr. Chunyu Ding (Alt.) Ms. M. Furuhata (Alt.) Mrs. D. Valle Álvarez (Alt.) Mrs. L. Camacho Bueno (Alt) Mr. Hwang, S.-Y. (Alt.) Mr. Kang, M. (Alt.) Mr. K. Ferjan (Alt.) Mr. J.L. Novak (Alt.)

― Argentina ― Brazil ― Brazil ― Brazil — Canada ― China ― Japan ― Mexico ― Peru ― Republic of Korea ― Republic of Korea ― Slovenia ― United States

Mr. D. Azema *Ms. N. Graham *Mr. B. Djibo *Mr. J. Augustin *Mr. B. Verhaegen *Mrs. L.Comeau-Stuart*Mrs. K. Balram *Ms. O. Bondareva *Mr. M. Leitgab Miss S. Black

— DC/OSG ― D/ANB ― D/ATB ― A/D/LEB ― SELO — C/POD — C/SEA ― LO/LEB ― ADADB ― Précis-writer

*Part-time

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Subject No. 32.1: Headquarters premises

Report on the deliberations of the Tripartite Consultative Committee 1. The Council heard the following oral report by the Coordinator of the Tripartite Consultative Committee, the Representative of Uganda, outlining a number of issues relating to the privileges and immunities of Representatives accredited to ICAO which had been solved or improved through the Committee’s discussions, as well as some outstanding issues, and the conclusions reached. 2. A group of Council Members (namely Canada, China, Colombia, India, the Russian Federation, Slovenia, Uganda, the United Arab Emirates and the United States) had been appointed by the President of the Council to participate in meetings of the Tripartite Consultative Committee, assisted by the Legal Affairs and External Relations Bureau (LEB). The purpose of the Committee, which was composed of representatives from the Office of Protocol of Canada (“Protocol Canada”), the Office of Protocol of Québec (“Protocol Québec”), and ICAO, was to “discuss issues related to the privileges and immunities of Representatives accredited to ICAO and questions of implementation of the existing agreements or texts related thereto” (cf. PRES RK/1954 dated 9 May 2011).

3. During the Sixth Meeting of its 196th Session and the Eighth Meeting of its 197th Session, the Council had noted that a report on the results of the Committee’s deliberations would be presented during the 198th Session. The Committee has held four meetings to date, on 10 May and 10 November 2011, 18 May 2012 and 13 February 2013.

4. During the Eighth Meeting of its 197th Session, the Council had noted C-WP/13918 concerning a proposal for the establishment of a Standing Committee on Relations with the Host Country, which aimed as well to provide a forum for consultation on issues related to the privileges and immunities of the diplomatic community accredited to ICAO. Noting also information on the consultative process currently under way in the context of the Tripartite Consultative Committee, the Council had requested the Working Group on Governance and Efficiency (WGGE) to study the proposal, as well as any other related topics, including existing practices, and to submit a report on this issue during the 199th Session of the Council.

5. Achievements a. Acceptances and IDs: Protocol Canada returns passports as soon as acceptances are issued, while ID cards are sent later so as not to leave Representatives and their families without documents for too long. During 2012, requests for granting or renewing acceptances were processed by the Department of Foreign Affairs and International Trade (DFAIT) within seven days on average. Acceptances specifically now indicate the diplomatic status linked to ICAO. ID cards may be retained by Representatives and their family members pending renewal of acceptances and receipt of new ID cards. b. Visas: Canada, upon the request of foreign authorities, issues multiple entry visas to national officials travelling to Canada on a frequent basis to participate in ICAO meetings. To facilitate the issuance of diplomatic or official visas for attending ICAO meetings, ICAO has set up a procedure to systematically advise Citizenship and Immigration Canada (CIC) of upcoming meetings, conferences and symposia. CIC also launched, on 15 December 2012, an electronic system for visa applications from prospective participants which should contribute to avoiding lengthy delays.

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c. Work Permits: It has been clarified that dependents of diplomats are granted work authorizations without restriction and therefore such authorizations are valid for the duration of the accreditation. d. Taxes: The time for processing tax reimbursements through Revenue Québec has been significantly reduced from 16 to eight weeks on average. A Circular Note (ref. LP/3682/2011 dated 24 August 2011) was issued detailing the necessary requirements and procedures. Another Circular Note (ref. LP/3513/2013 dated 28 January 2013) explained that there would be no change in the procedure for applying for tax refunds (QST and GST), following harmonization of the sales tax bases in Québec. e. Health system: In 2011 and 2012, Protocol Québec issued two Information Guides, respectively on “Health and Hospitalization Insurance Plans: Annual Insurance Premium Program” and on “The Health and Social Services System and Access to Medical Services in Québec”. f. Education: While diplomatic status is valid, the period of validity of Attestation Letters has been extended by Protocol Québec from six months to one year. The courtesy prerogative of paying local fees for schooling applies, in principle, in all Canadian provinces. The courtesy prerogative of paying local fees for schooling is maintained, in principle, for children staying in Québec after their parents with diplomatic status leave the country at the end of their posting at ICAO, subject to certain conditions (they intend to study full time; they are less than 25 years of age; they are enrolled to continue and complete the remainder of the same programme which had been started before). g. CD parking: Additional CD parking spaces around the ICAO building were provided by the City of Montréal at the beginning of 2012, bringing the total number of such spaces to 55. The Montréal authorities confirmed their readiness to further consider the provision of more spaces around the building and in specific areas of the city. h. Stakeholders: The City of Montréal is now present at meetings of the Committee, and other stakeholders such as CIC are invited on an ad hoc basis. 6. Outstanding issues a. Acceptances and IDs: Protocol Canada continues to examine the feasibility of modifying some of the features (i.e. data elements) of the ID cards in keeping with the diplomatic status linked to ICAO. To speed up the initial issuance of acceptances, Protocol Canada will examine the feasibility of completing the processes of issuance in advance of ICAO sending the passports. In the meantime, Protocol Canada will continue the efforts to shorten the delay for initial issuance and renewal of acceptances. b. Consular officers: Given that the dual accreditation of some consular officers appointed as Representatives to ICAO may contribute to practical challenges related to the scope of entitlement to diplomatic immunity, Protocol Canada is undertaking a study on the efficacy of its current model to ensure that such practical challenges are addressed, in accordance with Article 17.2 of the 1963 Vienna Convention on Consular Relations. Protocol Canada was also requested to ensure that ID cards specifically mention the diplomatic status of representatives to ICAO, in addition to the consular status at bilateral level. c. Visas: Representatives raised the issue of immigration restrictions applying to their personal invitees. CIC offered to collaborate closely with DFAIT Protocol Office to ensure, through better outreach, that requirements are clearly understood and consistently applied.

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d. Health System: Given the difficulties in finding family doctors in Québec, Protocol Québec intends to meet shortly with the provincial Assistant Deputy Minister of Health and Social Services to address the concerns of the diplomatic community of ICAO. ICAO will be duly informed as soon as the meeting has taken place. e. Education: To avoid repetitive requests for Attestations, Protocol Québec will further look at the possibility of issuing Attestation Letters valid for the duration of the study programme, as long as the student does not change status, programme or institution. Protocol Québec intends to meet shortly with officials of the Ministry of Education of Québec to discuss this matter and ICAO will be duly informed of the outcome as soon as the meeting has taken place. Furthermore, Protocol Québec aims to issue soon in 2013 an Information Guide on Education in Québec. f. Police forces: Protocol Québec is preparing a Guide for the attention of all police forces in Québec, i.e. at provincial and municipal levels, on how to address matters involving diplomats. This Guide is being developed in coordination with Protocol Canada, which is developing related training and awareness materials for the Royal Canadian Mounted Police (RCMP). g. CD parking: The Montréal authorities confirmed their readiness to further consider the provision of more spaces around the building and in specific areas of the city. The Montréal authorities will also look into the situation of parking spaces in the city which are purported to be reserved for specific consular missions, albeit signs indicate they are allocated to the diplomatic corps. The Montréal authorities will further look at the situation of the CD parking around the building which is used by non-authorized vehicles. The City of Montréal committed to address such matters without delay and to shortly inform ICAO of developments. h. Traffic: Protocol Canada, Protocol Québec and the City of Montréal noted the problem of court summons issued to members of the ICAO diplomatic community for traffic offences. With reference to Circular Note No. XDC-0821 of 17 May 2012 on “Driving Practices and Traffic Infractions”, the issue of immunity calls for further discussion in line with the applicable instruments, including the 1961 Vienna Convention on Diplomatic Relations. 7. Way forward a. As mentioned in paragraph 12 of C-DEC 193/5, the Committee is an “informal tripartite group” which usefully allows flexibility in the consideration of matters at hand and ensures the inclusion in a common-level playing field of all key players involved in providing programmes and services to Representatives and their family members. b. Several issues were solved or improved through the discussions in the Committee but other issues require follow-up and new ones may arise in the future. This calls for maintaining such a dedicated venue for consultation on the delivery of privileges, immunities and courtesies to the Representatives accredited to ICAO in Canada.

c. Conclusions

a) Participants considered the benefits of informality and flexibility of the current

Tripartite Consultative Committee against the need for consistency in scheduling and a more systematic approach. Sufficient intervals should also be allowed between meetings for authorities concerned to tangibly advance on identified issues.

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b) The Committee considered the possibility of holding up to three meetings a year, as

appropriate, i.e. one per session of the Council. These meetings could include the following: one annual plenary meeting with relevant authorities duly represented to deal exclusively with systemic issues and one preparatory or thematic meeting during each of the two other sessions. The thematic meetings would discuss specific issues in greater detail with the intention of clarifying why particular issues are of importance to the Representatives or why it is difficult for the host State authorities to implement requests or why the implementation takes a certain period of time. Given the detailed understanding of each other’s positions, the meetings will propose the way forward.

c) There would also be advantage in renaming the consultative committee, to avoid

confusion with the Technical Cooperation Committee whose acronym is “TCC”, and to take into account that it had become quadripartite with the recent addition of the City of Montréal.

8. On behalf of his colleagues on the Tripartite Consultative Committee and on his own behalf, the Coordinator wished to place on record sincere appreciation to the Federal Government of Canada, the Government of Québec, and the Municipal authorities of the City of Montréal for their collaborative and cooperative efforts, as well as commitment, in addressing the concerns of the ICAO diplomatic community. He also thanked the LEB team for their invaluable support to the consultative process, as well as the President of the Council and the Secretary General for the priority they had accorded this subject and their guidance. The Coordinator expressed special thanks to the Secretary General, who had attended some of the Tripartite Consultative Committee’s meetings and provided useful inputs. 9. Speaking on behalf of the Council, the President expressed gratitude to the Coordinator and Members of the Tripartite Consultative Committee, and to the Government of Canada, at all levels, for their cooperation in finding solutions to some of the Council Representatives’ concerns.

10. The Representative of Canada thanked all those who had participated in the most recent meeting of the Tripartite Consultative Committee in February 2013. In particular, he thanked the Coordinator for continuing his effective coordination on behalf of the Council, as well as the Secretariat for its role in this process. The Representative of Canada affirmed that the publication of the 2013 Edition of the ICAO Yellow Book, which provided information for Members of National Delegations regarding their arrival and residence in Canada, was an important step forward. He also noted that the participation, very early in their respective terms, of the new Chiefs of Protocol of both Canada and Québec, as well as of the officials of the City of Montréal, demonstrated the high level of ongoing engagement on these issues by all three levels of government in Canada. Canada looked forward to the deliberations of the WGGE regarding how the benefits of this dialogue could be maximized and made more effective for all parties, and remained committed to this ongoing process. 11. Referring to the background information provided in the oral report, the Representative of Mexico emphasized that it was necessary to make clear that the Tripartite Consultative Committee had been established by the Government of Canada and that the President of the Council had appointed Members taking into account those who had expressed concerns or experienced problems with the application or interpretation of their various prerogatives. He suggested that, under Achievements, the paragraph on work permits be amended to reflect that they were no longer subject to yearly renewal and thus, as indicated, were

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valid for the duration of the diplomats’ accreditation. The Representative of Mexico also suggested that, under Outstanding Issues, it be indicated that work permits had restrictions in practice as private and public job placement agencies did not lend their support to holders of temporary work permits such as the dependents of diplomats. Canadian businesses, and ICAO itself, did not hire individuals with temporary work permits. In the Organization’s case, that was for administrative reasons. The temporary nature of the work permits discouraged, in practice, the hiring of diplomats’ dependents holding such permits. The Representative of Mexico further suggested that the scope of the guide being prepared by Protocol Québec in coordination with Protocol Canada on how to address matters involving diplomats be extended so as to be applicable to not only police forces in Québec but also other authorities who had dealings with diplomats, such as customs and immigration officers. 12. The Representative of France indicated that, while he was not a Member of the Tripartite Consultative Committee, he followed its work closely. It was clear that any conclusions that were negotiated under that framework would be without prejudice to bilateral agreements that applied to diplomats. Obviously, if the results of the negotiations served to improve the situation of the ICAO diplomatic community, then the Representative of France would agree to their implementation. On the other hand, there were bilateral agreements that covered many of the issues raised in the oral report and it was not expected that they would be broken. Observing that the Tripartite Consultative Committee had become quadripartite with the addition of the City of Montréal, the Representative of France suggested that it be further enlarged to encompass the neighbouring municipalities. He noted, in this regard, that driving-related issues such as traffic violations and diplomatic parking sometimes involved municipal authorities.

13. The Representative of Italy indicated that one of the more important outstanding issues for him was the status of consular officers who were also Representatives to ICAO. He underscored that Protocol Canada was undertaking a study of the efficacy of its current model not only to address practical challenges related to the scope of entitlement to diplomatic immunity but also to address the different status, rights and privileges of consular officers with such dual accreditation. The Representative of Italy was optimistically awaiting the results.

14. The Representative of Burkina Faso spoke in favour of changing the name of the Committee to Quadripartite Consultative Committee and its acronym to QCC. 15. The Council then noted the progress achieved by the Committee, and that some issues required follow-up. It was confident that all of the Committee’s concerns would be given serious consideration by the relevant authorities, i.e. the Government of Canada, the Government of Québec and/or the City of Montréal. It was noted that the Committee’s views on the way forward could assist the WGGE in its deliberations on a mechanism for consultations with the Host State on privileges, immunities and courtesy services to Representatives accredited to ICAO, a subject on which it was to report to the next (199th) session of the Council [cf. C-DEC 197/8, paragraph 10 b)].

Proposed new Supplementary Agreement between ICAO and the Government of Canada regarding the Headquarters of ICAO

16. This subject was documented for the Council’s consideration in C-WP/13904 presented by the Secretary General. Consistent with the package proposal approved earlier by the Council (196/6), the Secretary General had negotiated and agreed with the Government of Canada a text for a new Supplementary Agreement regarding the Headquarters of ICAO to take effect on 1 December 2016, for a

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duration of 20 years. It would supersede the 1999 Supplementary Agreement, which would remain in force until 30 November 2016. The Secretary General considered the text to be satisfactory from ICAO’s point of view. 17. During the ensuing discussion, the Secretary General noted that Canada would be in a position to sign the Supplementary Agreement after completion of its own process, which required final governmental approval at the Cabinet level. After the signature, and following the completion of a 21-day tabling period in the House of Commons, Canada would be in a position to ratify the Supplementary Agreement. The latter would enter into force through an exchange of diplomatic notes between ICAO and Canada but shall not take effect before 1 December 2016, as stipulated in Article VIII of the Supplementary Agreement. 18. On behalf of the Council, the President expressed appreciation to the Secretary General and the Secretariat, in particular the staff of the Legal Affairs and External Relations Bureau (LEB), for their efforts in negotiating the new Supplementary Agreement, and to the Government of Canada for providing ICAO with excellent premises.

19. The Representative of Canada thanked the Secretary General and all of his team for their commitment to successfully bringing the joint endeavour to this juncture. As not only the Host State but also as a Council Member, Canada was confident that the new Supplementary Agreement represented the best result for the Organization and set it on a solid financial foundation for the 20-year term. As explained by the Secretary General in his introduction of the paper, the new Supplementary Agreement provided significant financial flexibility to ICAO in a sustainable manner. It also compared favourably to international norms. It dealt with the transition and ownership of the building in a common sense way, it enhanced transparency and strived to improve cost-effectiveness while respecting the paramount importance of safety and the reliable and efficient operation of the premises, without losing sight of the fundamental purpose of the Supplementary Agreement, which was to ensure that ICAO had the best possible facilities in which to carry out its mandate and the objectives of its Member States. As evidenced by its engagement in this process and the final product, Canada remained a committed partner for the Organization, one that Member States could be assured would continue to provide its steadfast support to ICAO’s important work and long-term well-being. 20. During the discussion, the Representatives of the United States, France, Spain, Italy, Uganda, Denmark, Mexico and India commended and endorsed the new Supplementary Agreement.

21. In noting that the new Supplementary Agreement constituted a pragmatic way forward for both Canada and the Organization, the Representative of the United States underscored that if ICAO were a private company that could obtain favourable lending rates, then it would have been feasible for it to exercise its right to purchase 25 per cent of the building in which it was headquartered. As a Specialized Agency of the United Nations (UN), however, it was impractical for ICAO to do so. He affirmed that Canada’s proposal to put the building at ICAO’s disposal with no rental fee, a saving for the Organization of CAD 2.8 million a year and CAD 56 million over 20 years, in nominal value, was a fair compromise. The Representative of the United States indicated that Canada’s reduction, as sole owner of the building, of ICAO’s share of operation and maintenance (O&M) costs from 25 per cent to 20 per cent was an ongoing issue that would require the Secretary General’s attention over the duration of the Supplementary Agreement. He expressed confidence that, as agreed, Canada would provide up to CAD 7 million over five years, after 2016, to contribute to ICAO’s space optimization plans.

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22. Emphasizing that the new Supplementary Agreement was not only financially fair but also timely, the Representative of the United States underscored that it was beneficial for all concerned to resolve this matter early in 2013, prior to the 38th Session of the Assembly, especially in view of the time required by Canada to obtain governmental approval. He averred that it would have been destabilizing if it had been left until later, causing uncertainty in the lead up to the 39th Session of the Assembly in 2016 regarding possible additional budgetary issues that would need to be addressed besides programme and staffing costs.

23. In sharing this view, the Representative of Uganda stressed the importance of concluding the new Supplementary Agreement no later than the 38th Session of the Assembly, underscoring that the subsequent session would be too close to the 1 December 2016 effective date.

24. The Representative of France noted with satisfaction that Article IV (Space allocated to Representatives and others), paragraph 1 e), referred to the collection and retention by ICAO of a reasonable charge for the use and occupancy of the spaces and facilities (italics added).

25. Observing, from paragraph 2.1 b) of the paper, that the share paid by ICAO for operation and maintenance (O&M) and capital reinvestment would be reduced from 25 per cent to 20 per cent, the Representative of Mexico enquired whether National Delegations would also benefit from that subsidy from the Government of Canada. In indicating that the issue would be decided upon on the basis of the qualifier “reasonable” used in Article IV, paragraph 1 e), the Secretary General underscored that nothing was for free.

26. Affirming that the outcome of the negotiations was more than acceptable, the Representative of Spain underscored that it constituted a win-win situation for both ICAO and the Government of Canada. He reiterated, in this regard, that the absence of a rental fee would result in considerable savings for ICAO in the order of CAD 56 million in nominal value over the 20-year duration of the Supplementary Agreement. Responding to a question then raised by the Representative, the Secretary General clarified that there was a clear understanding between the two parties regarding the Government of Canada’s commitment to continue financing internal security measures despite the absence of any obligation to do so in either the 1999 Supplementary Agreement or the new one. He would, in due course, inform the Council of the outcome of negotiations with the Government of Canada regarding the latter’s contribution to the financing of such measures.

27. In affirming that the new Supplementary Agreement was an improvement over the current one, the Representative of Italy noted that National Delegations were currently required to hire a specific private construction firm to renovate their offices. Averring that that was not coherent with the offices’ status of diplomatic premises, he maintained that that obligation was wrong and should be changed.

28. Indicating that he was aware that there currently was one particular company linked to the present owner of the building, Westcliffe, to carry out such renovations and that that situation was unsatisfactory to a number of National Delegations, the Secretary General underscored that it would change under the new Supplementary Agreement as Canada would be the owner of the building. Any substantial renovations to National Delegations’ offices would, in future, be decided upon by the new consultative Property Management Committee which would be established pursuant to Article III (Governance), paragraph 1, and which would be composed of representatives of the Government of Canada and ICAO. In the interim, he encouraged Representatives to bring any such unacceptable situation to his attention so that he, together with the Government of Canada, could determine the best way to remedy it.

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29. The Representative of Denmark noted that the excellent results achieved during the negotiations were due to the generosity of the Government of Canada. Observing that the new Supplementary Agreement would take effect on 1 December 2016, he enquired as to the financial implications for the forthcoming triennium, which would need to be taken into account in the ongoing budgetary discussions. Noting that the amount would be one-twelfth of the current CAD 2.8 million yearly rental cost, some CAD 166 000, he also queried how much of that amount would be paid by National Delegations. The Representative of Denmark recalled, in this regard, that pursuant to Article IV, paragraph 1 e), of the new Supplementary Agreement, the Organization “shall have the right” to collect and retain a reasonable charge for the use and occupancy of the spaces and facilities, which was not the same as having the obligation to levy such a charge. He enquired as to the Secretary General’s intention regarding charging National Delegations for their Offices and facilities when ICAO itself would not be paying a rental fee to the Government of Canada. The Representative of Denmark was not claiming that such Offices and facilities should be free-of-charge; rather, he was emphasizing the need to take that issue into account in due course. 30. Drawing attention to paragraph 8 of Article II (Obligations of the Government of Canada and of the Organization) and Annex IV (Insurance) of the new Supplementary Agreement, the Representative of Denmark underscored the need to also clarify whether ICAO’s comprehensive all-risk property insurance would cover National Delegations. Noting, from Annex I (Terms and conditions), paragraphs 4 and 6, that it was only substantial alterations that were not to be made to the building, and by extension to the National Delegation’s Offices, without the consent of the Government of Canada, he emphasized that it would likewise be necessary to indicate, in due course, what minor changes could be made without the latter’s consent. 31. The Secretary General noted the various points raised by Representatives in the course of the discussion. 32. In then taking the action proposed in the executive summary of C-WP/13904, the Council:

a) endorsed the Draft Supplementary Agreement between the International Civil Aviation

Organization and the Government of Canada regarding the Headquarters of the International Civil Aviation Organization appended to the paper; and

b) authorized the Secretary General to sign the above-mentioned Supplementary Agreement on behalf of ICAO.

Subject No. 13: Work programmes of Council and its subsidiary bodies

Work Programme of the Council and its Committees for the 199th Session 33. The Council considered this subject on the basis of: C-WP/13972 (with two Blue riders), presented by the President of the Council and the Secretary General; and an oral report thereon by the Working Group on Governance and Efficiency (WGGE). 34. The Council agreed to the following actions recommended by the WGGE relating to the Work Programme of the Council (cf. Appendix A to the paper) and its Committees (cf. Appendices B to G) for the 199th Session:

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Item 34 in Appendix A (Draft Assembly working paper – Civil aviation and environmental protection): the title would be changed to “Draft Assembly working paper – Developments in civil aviation and the environment”; Item 1 in the Air Transport Committee’s Work Programme in Appendix B would likewise be amended

Item 47 in Appendix A (Draft Assembly working paper – Proposal to hold Assembly sessions every two years): the description would be amended by adding the words “the Council’s comments and recommendations on” before the words “Saudi Arabia’s proposal”

Item 48 in Appendix A [Draft Assembly working paper – Proposal to amend Article 50 a)

of the Chicago Convention so as to increase the membership of the Council to 39]: the description would be amended by adding the words “the Council’s comments and recommendations on” before the words “Saudi Arabia’s proposal”

Item 56 of Appendix A [Report on revenue generating activities (RGA) and the status of

the Ancillary Revenue Generation Fund (ARGF)]: the item would be presented as an action paper rather than as an information paper; Item 12 in the Finance Committee’s Work Programme in Appendix D would likewise be amended.

Item 4 in the Finance Committee’s Work Programme in Appendix D and Item 8 in the Committee on Unlawful Interference’s Work Programme in Appendix E, both entitled “Draft Assembly working paper – Declaration on Aviation Security and the ICAO Comprehensive Aviation Security Strategy (ICASS)” and addressing separate but related issues of strategy and funding, would be considered by the FIC and the UIC in a joint meeting.

Two additional items would be added to the Council’s Work Programme in Appendix A:

i) Review of the updated Global Air Navigation Plan (GANP), to be presented by the Secretary General and the Air Navigation Commission (ANC); and

ii) Draft Assembly working paper – Policy on the filing of differences [previously referred to as “Formulation and implementation of Standards and Recommended Practices (SARPs)], to be presented by the ANC.

35. The Council noted that the following additional items would be added to its Work Programme for the 199th Session as a result of the decisions that it had taken during the current session and that the consequent changes would be made to the Work Programmes of the relevant Committees:

A paper on the mandatory age of separation for new staff members entering into service on or after 1 January 2014, which will include financial implications and any possible relevant amendment to the ICAO Staff Regulations, to be presented by the Secretary General, through the Human Resources Committee (HRC), following a decision on that issue by the United Nations General Assembly (cf. C-DEC 198/3, paragraph 11)

A draft Assembly working paper – ICAO Policy on Assistance to Aircraft Accident Victims and their Families, to be presented by the Secretary General, which will include a draft Assembly Resolution updating Assembly Resolution A32-7 (Harmonization of the

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regulations and programmes for dealing with assistance to victims of aviation accidents and their families) and reflecting comments made regarding possible actions to be taken by the Council and the Secretariat in the future [cf. C-DEC 198/6, paragraph 12 b)]

36. Subject to the changes recorded in paragraphs 34 and 35 above, the Council approved its Work Programme for the 199th Session set forth in Appendix A to C-WP/13972. 37. It was noted that the upcoming Eleventh Meeting of the AFI Plan Steering Committee (Montréal, 13 and 14 March 2013) would, inter alia, review Assembly Resolution A37-7 (Comprehensive Regional Implementation Plan for Aviation Safety in Africa) and determine whether or not it was necessary to present a proposal to update that Resolution to the 38th Session of the Assembly. In the affirmative, it would be necessary to add a corresponding item to the Council’s Work Programme for the 199th Session. The President of the Council would consult Representatives by e-mail regarding the addition of such an item, as well as the possible addition of a separate report by the Chairperson of the AFI Plan Steering Committee on the outcome of the said Eleventh Meeting. 38. The Council then approved the Work Programmes for the 199th Session of the Air Transport Committee (ATC), Joint Support Committee (JSC), Finance Committee (FIC), Committee on Unlawful Interference (UIC), Technical Co-operation Committee (TCC) and Human Resources Committee (HRC) as set forth in Appendices B (as amended above), C, D (as amended above), E, F and G of the paper.

39. It was noted that a new item relating to the review of the shortlist of candidates for the post of ICAO Regional Director, Asia and Pacific Office could be added to the Human Resources Committee’s Work Programme in Appendix G depending on the progress made. 40. It was understood that a revised version of C-WP/13972 would be issued reflecting amendments made in accordance with the accepted recommendations of the WGGE and the Council’s deliberations. 41. The meeting adjourned at 1300 hours.

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SUBJECT INDEX TO THE SUMMARY MINUTES OF THE 198TH SESSION

Air Navigation Adoption of a proposed new Annex on safety

management responsibilities and processes (67)

Amendment to the Technical Instructions for the Safe Transport of Dangerous Goods by Air in relation to aircraft lithium ion batteries transported as cargo on passenger aircraft (123)

Approval by the Air Navigation Commission, acting under delegated authority, of amendment to the Regional Supplementary Procedures (Doc 7030/5) (124)

Approval of a policy document related to assistance to aircraft accident victims and their families (97)

Report on the comprehensive study on issues regarding the filing and publication of differences (104)

Safety Week Presentations (65) Twelfth Air Navigation Conference (2012)

(AN-Conf/12) – Review of recommendations (94)

Air Navigation Commission (ANC) Appointment of a Member (156) Approval of Amendment 2 to the Procedures for

Air Navigation Services — Training (PANS-TRG, Doc 9868) (19)

Work programme for the 193rd Session (111) Air Transport Committee (ATC) Appointment of Members and Alternates (17) Aircraft accident victims and their families Approval of a policy document (97) Assembly Proposal to amend Article 50 a) of the Chicago

Convention so as to increase the membership of the Council to 39 (154)

Proposal to hold Assembly sessions every two years (153)

Assembly, 38th Session Amendment of Rule 63 of the Standing Rules of

Procedure of the Assembly (56) Amendment to The ICAO Financial Regulations

(Doc 7515) (128) Confirmation of Council action in assessing the

contributions of States which adhered to the Convention (131)

Cooperation with Regional Organizations and Regional Civil Aviation Bodies (7)

Developments pertaining to Annex 9 – Facilitation and proposed work programme for the next triennium (29)

Developments pertaining to the Machine Readable Travel Documents (MRTD) Programme and the ICAO Public Key Directory (PKD) (30)

Informal update on an electronic voting system to be used at the 38th Session of the Assembly (37)

Proposal for a new Machine Readable Travel Documents (MRTD) Strategy [renamed Proposal for an ICAO Traveller Identification Programme (ICAO TRIP) Strategy] (55)

United Nations Climate Neutral initiative (137) Universal Safety Oversight Audit Programme

Continuous Monitoring Approach (USOAP CMA) (92)

Budget Draft Budget of the Organization for

2014-2015-2016 (116) Progress report on the status of the Budget (127) Civil Air Navigation Services Organisation (CANSO) Memorandum of Cooperation (MoC) between

ICAO and CANSO (19) Commission of Experts of the Supervisory Authority of the International Registry (CESAIR) Fifth Meeting (17 to 18 December 2012) (18) Sixth Meeting (2 to 4 April 2013) (18) Committee on Aviation Environmental Protection (CAEP) Appointment of Members and Observers (16) Ninth Meeting (CAEP/9) (Montréal,

4 to 14 February 2013) (137, 145) Committee on Unlawful Interference (UIC) Appointment of a Member (17) Conditions of service Representation allowances of the President of the

Council and the Secretary General (23) Representation allowances of the President of the

Council and the Secretary General and review of the net base salaries of the President of the Council and the Secretary General (47)

Review of mandatory age of separation (61)

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Condolences Bolivarian Republic of Venezuela (127) Council Draft State letter on the election of the President

(14) Opening of the Session (3) Proposal to amend Article 50 a) of the Chicago

Convention so as to increase the membership of the Council to 39 (154)

Schedule for consideration of items during the 198th Session (3)

Work Programme of the Council and its Committees for the 199th Session (168)

Edward Warner Award Committee Election of a Member (19) Environment Environmental protection – Recent developments

in other United Nations bodies and international organizations (133)

ICAO Symposium on Aviation and Climate Change, “Destination Green”, (Montréal, 14-16 May 2013) (19)

Progress report of the High-level Group on International Aviation and Climate Change (HGCC) (147)

United Nations Climate Neutral Initiative (137) Ethics Officer Annual Report for 2012 (131) European Union (EU) Request to participate as Observer in closed

meetings of the Council on aviation security (17)

Evaluation and Internal Audit Office (EAO) 2012 Report on activities (11) Finance Amendment to The ICAO Financial Regulations

(128) Financial situation of the Organization (37) Headquarters Agreement Proposed new Supplementary Agreement between

ICAO and the Government of Canada (37, 165)

Report on the deliberations of the Tripartite Consultative Committee (161)

High-level Group on International Aviation and Climate

Change (HGCC) Progress report (147)

International Telecommunication Union (ITU) Memorandum of Cooperation (MoC) between

ICAO and ITU (18) International Women’s Day 2013 Statement by the President of the Council (145) Joint Inspection Unit (JIU) Report entitled “Accountability Frameworks in

the United Nations System” (37) Report entitled “Business Continuity in the United

Nations System” (88) Report entitled “The Management of Sick Leave

in the United Nations System” (37) Joint Support Committee (JSC) Appointment of Members and Alternates (17) Language services Report on the review of ICAO requirements

(56, 112) Legal Committee Report of the Second Meeting of the Special

Sub-Committee to review the Tokyo Convention (33)

Machine Readable Travel Documents (MRTD) MRTD programme and the ICAO Public Key

Directory (30) MRTD Strategy [renamed Proposal for an ICAO

Traveller Identification Programme (ICAO TRIP) Strategy] (55)

Mandatory age of separation Review (61) Monitoring and Assistance Review Board (MARB) Progress Report (48) President of the Council Draft State Letter on the election of the President

of the Council (14) Report on activities during the recess (141) Public Key Directory (PKD) Appoinment of a Members (17, 87) Regional Offices Annual Report to Council on Regional Offices’

activities during 2012 and work programmes for 2013 (9)

Representation allowances President of the Council and the Secretary General

(23, 47)

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Sixth Worldwide Air Transport Conference (ATConf/6) Observers (156) Progress report on preparatory work (132) Revised Agenda (18) Standards and Recommended Practices (SARPs) Annex 1 – Personnel Licensing Adoption of Amendment 171 (72) Annex 2 – Rules of the Air Adoption of Amendment 44 (72) Annex 3 – Meteorological Service for

International Air Navigation Adoption of Amendment 76 (84) Annex 4 – Aeronautical Charts Adoption of Amendment 57 (85) Annex 6, Part I - International Commercial Air

Transport – Aeroplanes Adoption of Amendment 37 (73) Annex 6, Part II - International General

Aviation – Aeroplanes Adoption of Amendment 32 (74) Annex 6, Part III - International Operations –

Helicopters Adoption of Amendment 18 (74) Annex 8 - Airworthiness of Aircraft Adoption of Amendment 104 (75) Annex 9 – Facilitation Proposed work programme for the next

triennium (29) Annex 10 – Aeronautical Telecommunications Adoption of Amendment 88 (85) Annex 11 - Air Traffic Services Adoption of Amendment 49 (75)

Annex 13 - Aircraft Accident and Incident Investigation

Adoption of Amendment 14 (76) Annex 14 – Aerodromes, Volume I – Aerodrome

Design and Operations Adoption of Amendment 11 (81) Annex 14 – Aerodromes, Volume II – Heliports Adoption of Amendment 5 (82) Annex 15 – Aeronautical Information Services Adoption of Amendment 37 (86, 91) Annex 18 – The Safe Transport of Dangerous

Goods by Air Adoption of Amendment 11 (82) Technical Cooperation Report on Technical Co-operation Programme

Development (3) Tokyo Convention Report of the Second Meeting of the Legal

Committee (33) Tripartite Consultative Committee Report on the deliberations (161) Twelfth Air Navigation Conference (2012) (AN-Conf/12) Review of recommendations (94) Universal Safety Oversight Audit Programme Continuous Monitoring Approach (CMA) (92) Unlawful Interference Acts of unlawful interference in 2012 (41) Report on progress of the Implementation Support

and Development – Security (ISD-SEC) Programme (31)

World Wide Airport Coordination Group (WWACG) Request to participate in ATConf/6 as an Observer

(18)

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LIST OF WORKING PAPERS CONSIDERED DURING THE 198TH SESSION

C-WP/13904

Proposed new Supplementary Agreement between ICAO and the Government of Canada regarding the Headquarters of ICAO (37, 165)

C-WP/13919

Annual Report to Council on Regional Offices' activities during 2012 and work programmes for 2013 (9)

C-WP/13921

Draft Assembly working paper – Cooperation with Regional Organizations and Regional Civil Aviation Bodies (7)

C-WP/13922 Restricted and Blue Rider

Representation allowances of the President of the Council and the Secretary General and Review of the net base salaries of the President of the Council and Secretary General (23, 47)

C-WP/13923

Draft State letter on the election of the President of the Council (14) C-WP/13924

Draft Assembly working paper – Developments pertaining to Annex 9 – Facilitation and proposed work programme for the next triennium (29)

C-WP/13925

Draft Assembly working paper – Developments pertaining to the Machine Readable Travel Documents (MRTD) Programme and the ICAO Public Key Directory (PKD) (30)

C-WP/13926 Revised and Blue rider (Russian only)

Draft Assembly working paper – Proposal for a new Machine Readable Travel Documents (MRTD) Strategy (55)

C-WP/13929

Report on progress of the Implementation Support and Development-Security (ISD-SEC) Programme (31)

C-WP/13930 Restricted [Revised (Arabic only)]

Progress report of the Monitoring and Assistance Review Board (MARB) (48) C-WP/13931

Report of the Second Meeting of the Special Sub-Committee of the Legal Committee to review the Tokyo Convention (33)

C-WP/13932 and C-WP/13932 Revised

Report on the review of ICAO language service requirements (56, 112)

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C-WP/13933

2012 Report on the activities of the Evaluation and Internal Audit Office (EAO) (11) C-WP/13934

Annual Report of the Ethics Officer for 2012 (131) C-WP/13935 and Blue Rider (French only)

Adoption of Annex 19 (67) C-WP/13936

Adoption of Amendment 171 to Annex 1 (72) C-WP/13937


Adoption of Amendment 37 to Annex 6, Part I (73) C-WP/13939

Adoption of Amendment 32 to Annex 6, Part II (74) C-WP/13940

Adoption of Amendment 18 to Annex 6, Part III (74) C-WP/13941




Adoption of Amendment 11 to Annex 14, Volume I (81) C-WP/13945

Adoption of Amendment 5 to Annex 14, Volume II (82) C-WP/13946



Adoption of Amendment 57 to Annex 4 (81, 85)

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C-WP/13949 Adoption of Amendment 88 to Annex 10 (85)

C-WP/13950 and Corrigendum (Spanish only)

Adoption of Amendment 37 to Annex 15 (81, 86, 91) C-WP/13952

Draft Assembly working paper – ICAO Universal Safety Oversight Audit Programme Continuous Monitoring Approach (USOAP CMA) (92, 105)

C-WP/13953

Approval of a policy document related to assistance to aircraft accident victims and their families (97)

C-WP/13954 and Corrigendum

Report on the comprehensive study on issues regarding the filing and publication of differences (84, 104)

C-WP/13955

ANC work programme for the 193rd Session (111) C-WP/13957

Environmental protection – Recent developments in other United Nations bodies and international organizations (133, 146)

C-WP/13958

Draft Assembly working paper – United Nations Climate Neutral Initiative (137) C-WP/13959

Progress report of the High-level Group on International Aviation and Climate Change (147) C-WP/13960

Draft Assembly working paper - Amendment to Rule 63 of the Standing Rules of Procedure of the Assembly (56)

C-WP/13961

Progress report on the status of the Budget (Annex 5) (127) C-WP/13962

Draft Budget of the Organization for 2014-2015-2016 (94, 116) C-WP/13963

Draft Assembly working paper – Amendment to The ICAO Financial Regulations (128) C-WP/13964

Draft Assembly working paper – Confirmation of Council action in assessing the contributions of States which adhered to the Convention (131)

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C-WP/13965 Report of the Joint Inspection Unit (JIU) entitled “Business Continuity in the United Nations

System” (88) C-WP/13966

Review of recommendations of the Twelfth Air Navigation Conference (2012) (81, 94) C-WP/13970

Proposal to hold Assembly sessions every two years (153) C-WP/13971

Proposal to amend Article 50 a) of the Chicago Convention so as to increase the membership of the Council to 39 (154)

C-WP/13972 and two Blue Riders

Work programme of the Council and its Committees for the 199th Session (168) C-WP/13973

Report on activities during the recess (141) C-WP/13974

Financial situation of the Organization (37) C-WP/13975

Report of the Joint Inspection Unit (JIU) entitled “Accountability Frameworks in the United Nations System” (37)

C-WP/13976

Report of the Joint Inspection Unit (JIU) entitled “The Management of Sick Leave in the United Nations System” (37)

C-WP/13977

Review of mandatory age of separation (61)

— END —

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