GEN 1.7  Differences From ICAO Standards, Recommended Practices And Procedures

1. Differences From ICAO Standards, Recommended Practices And Procedures

TitleReferenceDifference(s)
Annex 1 - Personnel Licensing
11th Edition
Amendment 174
NIL
Annex 2 - Rules of the Air
10th Edition
Amendment 45

Chapter 3

3.2.2New 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;’
3.2.2.4New 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.’
3.3.1.2ICAO 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 2The 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 44.6ICAO 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:
  1. over the congested areas of cities, towns or settlements or over an open-air assembly of persons at a height less than 300 m (1 000 ft) above the highest obstacle within a radius of 600 m from the aircraft;
  2. elsewhere than as specified in (1), at a height less than 150 m (500 ft) above the ground or water, or 150 m (500 ft) above the highest obstacle within a radius of 150 m (500 ft) from the aircraft;’
Annex 3 - Meteorological Services
20th Edition
Amendment 78
Part I Chapter 44.6.5.2Cloud 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 77.4The 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 34.1.5.1In MET REPORT and SPECIAL the wind direction is reported in magnetic degrees. Remark: By request of ATS.
Part II Appendix 65.1.1Aerodrome warning is not issued in accordance with template A6-2.Remark: By agreement with aerodromes operators.
Annex 4 - Aeronautical Charts
11th Edition
Amendment 59
Chapter 20Electronic Aeronautical Chart Display - ICAO is not published
Annex 5 - Units of Measure
5th Edition
Amendment 17
Chapter 1CandelaMore 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 I10th Edition
Amendment 41
NIL
Annex 6 - Operations of Aircraft
Part II9th Edition
Amendment 35
NIL
Annex 6 - Operations of Aircraft
Part III8th Edition
Amendment 21
NIL
Annex 7 - Aircraft Nationality and Registration Marks
6th Edition
Amendment 6
NIL

Annex 8 - Airworthiness of Aircraft
11th Edition
Amendment 105A

Part I
Chapter 1

Anticipated operation conditionsNot implemented
ApprovedNot specifically defined
Configuration (as applied to the aeroplane)Not implemented
Remark: The ICAO definition is relied upon.
Human Factors principlesEASA 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 performanceEASA 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-unitEASA relies on the definition of engines.
Rendering (a certificate of Airworthiness) validRegulation 1702/2003 requires that a certificate of airworthiness is issued.
State of DesignEASA Part 21 defines principal place of business.
State of ManufactureEASA Part 21 defines principal place of business.

Part II
Chapter 3

3.2.5Not applicable
Remark: Part 21 requires the issue of certificate of airworthiness by Member States.
3.6.1Assessment also allowed by DOA under procedure agreed with Agency
Part III
Chapter 2
2.2.3Scheduling 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
2.3.4.1Stall 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 33.4CS 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 44.1The 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.
4.1.6Protection 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 99.2.4Not 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.
9.3.5Not 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 1111.2Not 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.
11.4Not 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.2.7Scheduling 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 CC.7Only 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 DD.1.3The 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 FF.1.1The 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.5Not 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 GG.2.5Not 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.3.5Not 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 II.1The 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 KK.2, K.3.1 and K.4Not 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
2.2.3.2b) 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 44.1The 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.
4.1.6f) Depressurization not covered.
4.1.8Not implemented
Chapter 77.1The 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 CC.8.2Anticipated operating conditions not defined in CS regulations.
Subpart DD.7Ground 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 FF.1.1Human factors not formally addressed, but are in practical covered by many areas.
F.5Not 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 FF.5Not covered by CS-23
Remark: This issue is not covered by the present CS-23.
Annex 09 - Facilitation
14th Edition
Amendment 25
NIL
Annex 10 - Aeronautical Telecommunications
Volume I
6th Edition
Amendment 90
NIL
Annex 10 - Aeronautical Telecommunications
Volume II
7th Edition
Amendment 90
Chapter 55.2.1.4.1ICAO 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
  1. Transmission of numbers
    1. All numbers used in the transmission of aircraft call sign, headings, runway, wind direction and speed shall be transmitted by pronouncing each digit separately
      1. Flight levels shall be transmitted by pronouncing each digit separately except for the case of flight levels in whole hundreds.
      2. The altimeter setting shall be transmitted by pronouncing each digit separately except for the case of a setting of 1 000 hPa which shall be transmitted as ‘ONE THOUSAND’.
      3. All numbers used in the transmission of transponder codes shall be transmitted by pronouncing each digit separately except that, when the transponder codes contain whole thousands only, the information shall be transmitted by pronouncing the digit in the number of thousands followed by the word ‘THOUSAND’.
    2. All numbers used in transmission of other information than those described in point (a)(1) shall be transmitted by pronouncing each digit separately, except that all numbers containing whole hundreds and whole thousands shall be transmitted by pronouncing each digit in the number of hundreds or thousands followed by the word ‘HUNDRED’ or ‘THOUSAND’, as appropriate. Combinations of thousands and whole hundreds shall be transmitted by pronouncing each digit in the number of thousands followed by the word ‘THOUSAND’, followed by the number of hundreds, followed by the word ‘HUNDRED’.
    3. In cases where there is a need to clarify the number transmitted as whole thousands and/or whole hundreds, the number shall be transmitted by pronouncing each digit separately.
    4. When providing information regarding relative bearing to an object or to conflicting traffic in terms of the 12-hour clock, the information shall be given pronouncing the digits together such as ‘TEN O'CLOCK’ or ‘ELEVEN O'CLOCK’.
    5. Numbers containing a decimal point shall be transmitted as prescribed in point (a)(1) with the decimal point in appropriate sequence indicated by the word ‘DECIMAL’.
    6. All six digits of the numerical designator shall be used to identify the transmitting channel in Very High Frequency (VHF) radiotelephony communications except in the case of both the fifth and sixth digits being zeros, in which case only the first four digits shall be used.
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 90
NIL
Annex 10 - Aeronautical Telecommunications
Volume IV
5th Edition
Amendment 89
NIL
Annex 10 - Aeronautical Telecommunications
Volume V
3rd Edition
Amendment 89
NIL
Annex 11 - Air Traffic Services
14th Edition
Amendment 50A
Chapter 22.6.1Exemption 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.
2.25.5Implementing 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 33.3.4New provision. Implementing Regulation (EU) No 923/2012, paragraph SERA.8005(b), specifies:

(b) Clearances issued by air traffic control units shall provide separation:
  1. between all flights in airspace Classes A and B;
  2. between IFR flights in airspace Classes C, D and E;
  3. between IFR flights and VFR flights in airspace Class C;
  4. between IFR flights and special VFR flights;
  5. between special VFR flights unless otherwise prescribed by the competent authority;
except that, when requested by the pilot of an aircraft and agreed by the pilot of the other aircraft and if so prescribed by the competent authority for the cases listed under (b) above in airspace Classes D and E, a flight may be cleared subject to maintaining own separation in respect of a specific portion of the flight below 3 050 m (10 000 ft) during climb or descent, during day in visual meteorological conditions.
3.7.3.1Implementing 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
  1. The flight crew shall read back to the air traffic controller safety-related parts of ATC clearances and instructions which are transmitted by voice. The following items shall always be read back:
  1. ATC route clearances;
  2. clearances and instructions to enter, land on, take off from, hold short of, cross, taxi and backtrack on any runway; and
  3. runway-in-use, altimeter settings, SSR codes, newly assigned communication channels, level instructions, heading and speed instructions; and
  4. transition levels, whether issued by the controller or contained in ATIS broadcasts.
Chapter 3Implementing 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
11th Edition
Amendment 15

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 1.3.3.2No national legislation.
Annex 14
Volume I - Aerodrome Design and Operations
7th Edition
Amendment 13A
NIL
Annex 14
Volume II - Heliports
4th Edition
Amendment 7
NIL
Annex 15 - Aeronautical Information Services
15th Edition
Amendment 39A
Chapter 11.2.2.2 and 1.2.2.3The geoid model for all coordinates published in Portuguese AIP cannot be confirmed as being EGM-96.
Chapter 33.3.1, 3.3.2 and 3.3.3No evidence can be provided so far that aeronautical information/data meets the quality levels as laid down by ICAO.
3.4Metadata not yet fully compliant.
3.5.2CRC are not used for either data storage or data transmission
Chapter 44.3.7Nil notification is advised by system NOTAM only.
Chapter 10Electronic 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 12
NIL
Annex 16 - Environmental Protection
Volume II 4th Edition
Amendment 9
NIL
Annex 16 - Environmental Protection
Volume III 1st Edition
NIL
Annex 17 - Security
10th Edition
Amendment 15
NIL
Annex 18 - The Safe Transport of Dangerous Goods by Air
4th Edition
Amendment 12
NIL
Annex 19 - Safety Management
1st Edition
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.