1. Differences From ICAO Standards, Recommended Practices And Procedures
Title | Reference | Difference(s) | ||
Annex 1 - Personnel Licensing 14th Edition Amendment 178 | NIL | |||
Annex 2 - Rules of the Air 10th Edition Amendment 46 | Chapter 3 | 3.2.2 | New Provision. Implementing Regulation (EU) No 923/2012, SERA.3210(b), specifies: ‘(b) An aircraft that is aware that the manoeuvrability of another aircraft is impaired shall give way to that aircraft;’ | |
3.2.2.4 | New Provision. Implementing Regulation (EU) No 923/2012, paragraph SERA.3210(c)(3)(i) differs from ICAO Standard in Annex 2, 3.2.2.4 by specifying that: ‘(i) Sailplanes overtaking. A sailplane overtaking another sailplane may alter its course to the right or to the left.’ | |||
3.2.3.2 (b) | Implementing Regulation (EU) No 923/2012, paragraph SERA.3215(b)(2), specifies (with the addition to ICAO Standard in Annex 2, 3.2.3.2(b) of the underlined text): ‘(2) unless stationary and otherwise adequately illuminated, all aircraft on the movement area of an aerodrome shall display lights intended to indicate the extremities of their structure, as far as practicable;’ | |||
3.2.5 (c) and (d) | Implementing Regulation (EU) No 923/2012, paragraph SERA.3225 differs from ICAO Standard in Annex 2, 3.2.5(c) and 3.2.5(d) in that it specifies that subparagraphs (c) and (d) do not apply to balloons: ‘(c) except for balloons, make all turns to the left, when approaching for a landing and after taking off, unless otherwise indicated, or instructed by ATC; (d) except for balloons, land and take off into the wind unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable.’ | |||
3.3.1.2 | ICAO Annex 2, 3.3.1.2 is replaced with point SERA.4001(b) of Implementing Regulation (EU) No 923/2012. The differences between that ICAO Standard and that Union regulation are as follows: — With regards to VFR flights planned to operate across international borders, the Union regulation (point SERA.4001(b)(5)) differs from the ICAO Standard in Annex 2, 3.3.1.2(e) with the addition of the underlined text, as follows: ‘any flight across international borders, unless otherwise prescribed by the States concerned.’ —With regard to VFR and IFR flights planned to operate at night, the following requirement is added to point SERA.4001(b)(6) of that Union regulation: “(6) any flight planned to operate at night, if leaving the vicinity of an aerodrome”’. | |||
3.8 and Appendix 2 | The words ‘in distress’ of Chapter 3 Part 3.8, are not included in Union law, thus enlarging the scope of escort missions to any type of flight requesting such service. Furthermore the provisions contained in Appendix 2 Parts 1.1 to 1.3 inclusive as well as those found in Attachment A, are not contained in Union law. | |||
Chapter 4 | 4.6 | ICAO Annex 2, 4.6, is replaced with Implementing Regulation (EU) No 923/2012 SERA.5005, introducing the obstacle clearance criteria in (f), as follows: ‘(f) Except when necessary for take-off or landing, or except by permission from the competent authority, a VFR flight shall not be flown:
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Annex 3 - Meteorological Services 20th Edition Amendment 80 | Part I Chapter 4 | 4.6.5.2 | Cloud observations for local routine and local special reports are representative of the aerodrome and its vicinity. Remark: By agreement with ATS. | |
Part I Chapter 5 | New provision. Implementing Regulation (EU) No 923/2012. Paragraph SERA.12005, specifies: ‘(b) Competent authorities shall prescribe as necessary other conditions which shall be reported by all aircraft when encountered or observed.’ | |||
Part I Chapter 7 | 7.4 | The wind-shear warning is not issued.Remark: Wind-shear information is included in METAR, SPECI and local reports by agreement with ATS. | ||
Part II Appendix 3 | 4.1.5.1 | In MET REPORT and SPECIAL the wind direction is reported in magnetic degrees. Remark: By request of ATS. | ||
Part II Appendix 6 | 5.1.1 | Aerodrome warning is not issued in accordance with template A6-2.Remark: By agreement with aerodromes operators. | ||
Annex 4 - Aeronautical Charts 11th Edition Amendment 61 | Chapter 20 | Electronic Aeronautical Chart Display - ICAO is not published | ||
Annex 5 - Units of Measure 5th Edition Amendment 17 | Chapter 1 | Candela | More exacting or exceeds. Decree Law 128/2010 “The candela is the luminous intensity, in a given direction, of a source which emits monochromatic rays with a frequency of 540 x 1012 Hz and whose energy intensity in that direction is 1/683 watt per steradian. (sixteenth CGPM (1979), resolution 3).” | |
Annex 6 - Operations of Aircraft Part I12th Edition Amendment 48 | NIL | |||
Annex 6 - Operations of Aircraft Part II 11th Edition Amendment 40 | NIL | |||
Annex 6 - Operations of Aircraft Part III 11th Edition Amendment 24 | NIL | |||
Annex 7 - Aircraft Nationality and Registration Marks 6th Edition Amendment 7 | NIL | |||
Annex 8 - Airworthiness of Aircraft | Part I | Anticipated operation conditions | Not implemented | |
Approved | Not specifically defined | |||
Configuration (as applied to the aeroplane) | Not implemented Remark: The ICAO definition is relied upon. | |||
Human Factors principles | EASA regulation is relied upon this definition. Remark: EASA has included in the rule making inventory a task MDM.035 grouping of various human factor tasks. | |||
Human performance | EASA regulation is relied upon this definition. Remark: EASA has included in the remaking inventory a task MDM.035 grouping of various human factor tasks. A plan to take into account human factors into design will be proposed by an Advance NPA. | |||
Power-unit | EASA relies on the definition of engines. | |||
Rendering (a certificate of Airworthiness) valid | Regulation 1702/2003 requires that a certificate of airworthiness is issued. | |||
State of Design | EASA Part 21 defines principal place of business. | |||
State of Manufacture | EASA Part 21 defines principal place of business. | |||
Part II | 3.2.5 | Not applicable Remark: Part 21 requires the issue of certificate of airworthiness by Member States. | ||
3.6.1 | Assessment also allowed by DOA under procedure agreed with Agency | |||
Part III Chapter 2 | 2.2.3 | Scheduling of landing distance with runway slope is not required. Performance is not scheduled for variations in water surface conditions, density of water and strength of current. Remark: CS/JAR-23 complies except that performance is not scheduled for variations in water surface conditions, density of water and strength of current. CS/JAR 23.237 requires that the allowable water surface conditions and any necessary water handling procedures for seaplanes be established. However, factors on landing distance are applied by operational rules, where appropriate.ACTION: put in rule making inventory. | ||
Part III Chapter 2 | 2.3.4.1 | Stall testing with one power unit inoperative is not requested. Remark: Any issues with stall warning with one engine inoperative would be apparent from the evaluation of the design and during OEI flight testing, especially during evaluation of the manoeuvring margin at V2. This latter test is carried out by EASA with asymmetric power. | ||
Chapter 3 | 3.4 | CS 25 does not contain specifications for water loads but large flying-boats are not under developments. Would this happen EASA would develop the necessary special conditions in accordance to Part-21. | ||
Chapter 4 | 4.1 | The added sentence “They shall also observe human factors principles” is not fully complied with. Remark: NPA 15/2004 relative to Flight Crew Error/Flight Crew Performance Considerations in the Flight Deck Certification process has been published and CS-25 has been updated in 2007.EASA has included in the rule making inventory a task MDM.035 grouping of various human factor tasks. A plan to take into account human factors into design will be proposed by an Advance NPA that should be circulated during the second quarter of 2008.There is also a JAA interim policy (INT/POL/25/14) for large aeroplanes that has also been used by EASA. | ||
4.1.6 | Protection against explosive and incendiary devices is not requested. Remark: Partially implemented for paragraphs (b), (g), (h) and (l).Work to address this, based on the output of the Design for Security Harmonization WG should lead to an NPA in 2009 and a modification to CS-25 by end 2009. | |||
Chapter 9 | 9.2.4 | Not requested by CS-25 and CS-23. Remark: Paragraph X1524 was deleted from JAR-25 and is not in CS-25. The deletion was done to harmonize with FAR-25 and the rationale was that the paragraph did not add further requirements compared to FAA practice. | ||
9.3.5 | Not covered. Remark: Work to address this, based on the output of the Design for Security Harmonization WG should lead to an NPA by first quarter of 2009 and a modification to CS-25 by end 2009. | |||
Chapter 11 | 11.2 | Not yet covered by CS-25. Remark: Work to address this, based on the output of the Design for Security Harmonization WG should lead to an NPA in 2009 and a modification to CS-25 end 2009. | ||
11.4 | Not implemented. Remark: Work to address this, based on the output of the Design for Security Harmonization WG should lead to an NPA in 2009 and a modification to CS-25 end 2009. | |||
Part III B Subpart B | B.2.7 | Scheduling of landing distance with runway slope is not required. Performance is not scheduled for variations in water surface conditions, density of water and strength of current.Also accountability for worn brakes (B.2.7 (d) and (e)) is covered by CS-25 but not by CS-23. Remark: CS/JAR-23 complies except that performance is not scheduled for variations in water surface conditions, density of water and strength of current. CS/JAR 23.237 requires that the allowable water surface conditions and any necessary water handling procedures for seaplanes be established. However, factors on landing distance are applied by operational rules, where appropriate. | ||
Subpart C | C.7 | Only bird impact on windshield is required for CS-23 Commuter. Ditching seems required: Ditching certification not required for CS-23 and CS-25 Remark: CS-23 Jet requirements are under development by EASA that may remove both the bird impact and ditching difference for applicable CS-23 Jet types.Note that the current CS 25.807(e) requires provision of ditching emergency exits for passengers whether or not certification with ditching provisions is requested. | ||
Subpart D | D.1.3 | The last sentence “the effect on the occupant of the aeroplane and other persons on the ground, and the environment in general, in normal and emergency situations, shall be taken into account” is covered by certification for occupants of the aeroplane. (Crash survivability, fumes) For other matters in general, refer to European directive. | ||
D.2 | (a) (b), (g), (h) and (i) Protection against explosive and incendiary devices is not requested. Prevention of mis-assembly is not covered by CS-25. Remark: Work to address protection against explosive and incendiary devices, based on the output of the Design for Security Harmonization WG should lead to an NPA in 2009 and a modification to CS-25 by end 2009. | |||
Subpart F | F.1.1 | The sentence “Instrument and equipment shall also observe human factors principles” is not fully complied with. Remark: NPA 15/2004 relative to Flight Crew Error/Flight Crew Performance Considerations in the Flight Deck Certification Process has been published and has been incorporated into CS-25 amendment 3.EASA has included in the 2008 advance rule making planning a task MDM.035 grouping of various human factor tasks. A plan to take into account human factors into design will be proposed by an Advance NPA that should be circulated during the second of 2008.There is also a JAA interim policy (INT/POL/25/14) for large aeroplanes that has also been used by EASA. | ||
F.5 | Not implemented. Remark: Work to address this, based on the output of the Harmonization WG is in the inventory Interim Policies developed by JAA for small and large aeroplanes are also notified by EASA as special conditions. | |||
Subpart G | G.2.5 | Not required by CS-25 Remark: Paragraph X1524 was deleted from JAR-25 and is not in CS-25. The deletion was done to harmonize with FAR-25 and the rationale was that the paragraph did not add further requirements. | ||
G.3.5 | Not implemented. Remark: Work to address this, based on the output of the Design for Security Harmonization WG should lead to an NPA in 2009 and a modification to CS-25 by end 2009. | |||
Subpart I | I.1 | The paragraph states: “developments in the subject of crash worthiness shall be taken into account in the design of aeroplanes to improve the probability of occupant survival” This is not covered. Remark: The statement looks like a principle for rule making. It is not covered, except may be in the case of new design that are certified using special conditions. A comparable principle, not only limited to Crash worthiness may be found in Article 5.5 and article 14 of the EASA Basic Regulation 1592/2002, repealed by EC regulation 216/2008. | ||
Subpart K | K.2, K.3.1 and K.4 | Not implemented. Remark: Work to address this, based on the output of the Design for Security Harmonization WG should lead to an NPA by 2009 and a modification to CS-25 by end 2009. | ||
Part IV Chapter 2 | 2.2.3.2 | b) not implemented. Remark: En-route performance is based on climb performance both for all engines operating and one engine inoperative situations. The case of the two critical power units inoperative for helicopters having three or more engines is not addressed. Concerns only helicopters with 3 or more engines.This standard has been reviewed and found to offer no safety benefit. It has therefore been removed from Part IVB (Amendment 100) and hence the identified difference will also be removed for helicopters certified after December 2007. | ||
Chapter 4 | 4.1 | The sentence “They shall also observe human factors principles” is not fully complied with. Remark: EASA has included in the rule making inventory a task MDM0.35 grouping of various human factor tasks. | ||
4.1.6 | f) Depressurization not covered. | |||
4.1.8 | Not implemented | |||
Chapter 7 | 7.1 | The sentence “They shall also observe human factors principles” is not fully complied with. Remark: EASA has included in the rule making inventory a task MDM0.35 grouping of various human factor tasks. | ||
Subpart C | C.8.2 | Anticipated operating conditions not defined in CS regulations. | ||
Subpart D | D.7 | Ground Handling is not formally addressed by CS-27 and CS-29. Other means of compliance; see comments. Remark: Ground Handling is not addressed by CS-27 and CS-29 as it could be with CS-25 within 25.499, 25.509 and 25.519 (towing jacking).However, § 27.497 or 29.235 define taxiing conditions. The instructions for continued airworthiness in appendix A A27.3(a) (4) asks for description of jacking. Therefore, there are some precautions identified and to be provided by TCH. It is considered ‘no difference’ although it could be improved in the future. | ||
Subpart F | F.1.1 | Human factors not formally addressed, but are in practical covered by many areas. | ||
F.5 | Not implemented. Remark: However this issue is addressed by generic special conditions ensuring an equivalent level of safety to ICAO Annex 8 by other means. The Agency has included in its inventory a rule making task to address the issue (Task MDM.024) | |||
Part V Subpart F | F.5 | Not covered by CS-23 Remark: This issue is not covered by the present CS-23. | ||
Annex 9 - Facilitation 16th Edition Amendment 29 | NIL | |||
Annex 10 - Aeronautical Telecommunications Volume I 8th Edition Amendment 93 | NIL | |||
Annex 10 - Aeronautical Telecommunications Volume II 7th Edition Amendment 92 | Chapter 5 | 5.2.1.4.1 | ICAO Annex 10, Volume II, Chapter 5.2.1.4.1 is transposed in point SERA.14035 of Implementing Regulation (EU) No 923/2012 with some differences. The differences between that ICAO Standard and that Union Regulation are as follows: SERA.14035 Transmission of numbers in radiotelephony
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5.2.1.7.3.2.3. | ICAO Annex 10, Volume II, Chapter 5.2.1.7.3.2.3 is transposed in point SERA.14055 of Implementing Regulation (EU) No 923/2012 with a difference. The difference between that ICAO Standard and that EU Regulation is as follows:SERA.14055 Radiotelephony procedures (b) (2) The reply to the above calls shall use the call sign of the station calling, followed by the call sign of the station answering, which shall be considered an invitation to proceed with transmission by the station calling. For transfers of communication within one ATS unit, the call sign of the ATS unit may be omitted, when so authorised by the competent authority. | |||
Annex 10 - Aeronautical Telecommunications Volume III 2nd Edition Amendment 91 | NIL | |||
Annex 10 - Aeronautical Telecommunications Volume IV 5th Edition Amendment 91 | NIL | |||
Annex 10 - Aeronautical Telecommunications Volume V 3rd Edition Amendment 89 | NIL | |||
Annex 11 - Air Traffic Services 15th Edition Amendment 52 | Chapter 2 | 2.6.1 | Exemption possibility. Implementing Regulation (EU) No 923/2012 paragraph SERA.6001 allows aircraft to exceed the 250 KT speed limit where approved by the competent authority for aircraft types, which for technical or safety reasons, cannot maintain this speed. | |
2.25.5 | Implementing Regulation (EU) No 923/2012 SERA.3401(d)(1) differs from ICAO Annex 11, standard 2.25.5 by stating that ‘Time checks shall be given at least to the nearest minute’ | |||
Chapter 3 | 3.3.4 | New provision. Implementing Regulation (EU) No 923/2012, paragraph SERA.8005(b), specifies: (b) Clearances issued by air traffic control units shall provide separation:
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3.7.3.1 | Implementing Regulation (EU) No 923/2012, paragraph SERA.8015, specifies (with the addition to ICAO Standard in Annex 11, 3.7.3.1 of the underlined text): (e) Read-back of clearances and safety-related information
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Chapter 3 | Implementing Regulation (EU) No 923/2012, paragraph SERA.8015(e)(2), specifies (with the addition to ICAO Standard in Annex 11, 3.7.3.1.1 of the underlined text): (2) Other clearances or instructions, including conditional clearances and taxi instructions, shall be read back or acknowledged in a manner to clearly indicate that they have been understood and will be complied with. | |||
New provision. Point SERA.5010 of Implementing Regulation (EU) No 923/2012 specifies: ‘SERA.5010 Special VFR in control zones Special VFR flights may be authorised to operate within a control zone, subject to an ATC clearance. Except when permitted by the competent authority for helicopters in special cases such as, but not limited to, medical flights, search and rescue operations and fire-fighting, the following additional conditions shall be applied: (a) such flights may be conducted during day only, unless otherwise permitted by the competent authority; (b) by the pilot: (1) clear of cloud and with the surface in sight; (2) the flight visibility is not less than 1 500 m or, for helicopters, not less than 800 m; (3) fly at a speed of 140 kts IAS or less to give adequate opportunity to observe other traffic and any obstacles in time to avoid a collision; and (c) an air traffic control unit shall not issue a Special VFR clearance to aircraft to take off or land at an aerodrome within a control zone, or enter the aerodrome traffic zone or aerodrome traffic circuit when the reported meteorological conditions at that aerodrome are below the following minima: (1) the ground visibility is less than 1 500 m or, for helicopters, less than 800 m; (2) the ceiling is less than 180 m (600 ft).’ | ||||
Annex 12 - Search and Rescue 8th Edition Amendment 18 | NIL | |||
Annex 13 - Aircraft Accident Investigation 12th Edition Amendment 18 | No absolute guarantee can be given that the records will not be disclosed for other than accident purposes, as Portuguese legislation determines its disclosure to the Portuguese Courts, whenever the Judicial Authority considers that their disclosure outweighs the adverse effects on the investigation process. All practical steps will be taken to minimize the extend and occurrence of such disclosures. | |||
1.3.1, 1.3.2, 1.3.3.1 and 1.3.3.2 | No national legislation. | |||
Annex 14 Volume I - Aerodrome Design and Operations 9th Edition Amendment 17 | NIL | |||
Annex 14 Volume II - Heliports 5th Edition Amendment 9 | NIL | |||
Annex 15 - Aeronautical Information Services 16th Edition Amendment 42 | Chapter 1 | 1.2.2.2 and 1.2.2.3 | The geoid model for all coordinates published in Portuguese AIP cannot be confirmed as being EGM-96. | |
Chapter 3 | 3.2.1, 3. | No evidence can be provided so far that aeronautical information/data meets the quality levels as laid down by ICAO. | ||
Chapter 4 | 4.2 | Metadata not yet fully compliant. | ||
Chapter 5 | 5.3 | Electronic terrain data set is provided only for Area 1 but some attributes of obstacles data are missing. | ||
Annex 16 - Environmental Protection Volume I 8th Edition Amendment 14 | NIL | |||
Annex 16 - Environmental Protection Volume II 5th Edition Amendment 10 | NIL | |||
Annex 16 - Environmental Protection Volume III 1st Edition Amendment 2 | NIL | |||
Annex 16 - Environmental Protection Volume IV 2nd Edition | NIL | |||
Annex 17 - Security 12th Edition Amendment 18 | NIL | |||
Annex 18 - The Safe Transport of Dangerous Goods by Air 4th Edition Amendment 12 | NIL | |||
Annex 19 - Safety Management 2nd Edition Amendment 1 | NIL |
2. European Commission Regulation (EU) NR 73/2010
The Process of establishing national provisions to completely achieve the aeronautical data quality requirements in accordance with Commission Regulation (EU) NR 73/2010 is in progress. Accordingly, all aeronautical data and information published in Portugal AIP shall be considered as not compliant with European Commission Regulation (EU) NR 73/2010, until all the requirements defined in mentioned regulation have been met.