AERODROME CERTIFICATION COURSE NOTIFICATION OF DIFFERENCES Article 38 of the Convention on International Civil Aviation states: “ Any State which finds it impractical to comply in all respects with any such international standard or procedure … shall give immediate notification to ICAO of the differences…” Contracting States would be aware that Article 38 of the Convention on … imposes an obligation on them to notify ICAO in some circumstances about differences between national regulations and practices and the standards and practices promulgated by ICAO. { provide handout} The actual wording of Article 38 is Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action it propose to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or more features of an international standard and the corresponding national practice of that State. {next slide} ICAO COSCAP -SA May 2002

AERODROME CERTIFICATION COURSE NOTIFICATION OF DIFFERENCES Annex 14 Aerodromes contains standards and recommended practices. States must notify differences with standards, and are invited to notify differences with recommended practices. Annex 14 Aerodromes is produced in a format that differentiates its safety specifications into standards, printed in light face roman, and recommended practices printed in light face italics. States commonly adopt many of the recommended practices as standards in their own regulatory material because the practices have been learned from experience and have been accepted as important means for producing good safety results. (standards are only ever the minimum requirements) Where national regulations and standards vary from the standards in Annex 14, States are required to notify ICAO of the differences. Article 38 implies that significantly higher as well as lower variations from ICAO standards should be notified Where national regulations and standards vary from the recommended practices in Annex 14, States are invited to notify ICAO of the differences when the nature of such differences is important to the safety of air navigation. Notification of differences (or their withdrawal) should be an ongoing process as national legislation and standards are developed and amended. {next slide} ICAO COSCAP -SA May 2002

AERODROME CERTIFICATION COURSE NOTIFICATION OF DIFFERENCES Annex 15 AIS contains standards and recommended practices. States additionally must notify a list of significant differences with standards and recommended practices through AIP. Annex 15 Aeronautical Information Services is produced in a format that differentiates its safety specifications into standards, printed in light face roman, and recommended practices printed in light face italics. States commonly adopt many of the recommended practices as standards in their own regulatory material because the practices have been learned from experience and have been accepted as important means for producing good safety results. Where national regulations and standards vary from the standards in Annex 15, States are required to notify ICAO of the differences. Where national regulations and standards vary from the recommended practices in Annex 15, States are invited to notify ICAO of the differences when the nature of such differences is important to the safety of air navigation However when significant differences exist between national regulations and practices of the State and the related ICAO Standards, recommended Practices and procedures, a list of the sig difs is to be published in the AIP . Publication of differences (or their withdrawal) should be an ongoing process as national legislation and standards are developed and amended. “significant difference” = of a degree considered to be important to safety (source) [ end of section] {next slide} ICAO COSCAP -SA May 2002