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LAW

Aviation LawLesson 2 of 11

LAW 002

Aviation regulation

ICAO regulations

How the Chicago Convention is broken down into more detailed rules.

The treaty

Chicago Convention

Everything below comes out of it.

What it produced
19 Annexes

They contain the SARPs: Standards and Recommended Practices.

BindingStandards
Only advisoryRecommended Practices
More detail
Documents

Go into further detail on how to comply with the SARPs.

PANSProcedures for Air Navigation Services
SUPPsRegional Supplementary Procedures, published in ICAO Doc 7030. Region-specific procedures. Not the same thing as an AIP SUP, the AIP Supplement in LAW 006.

From the Chicago Convention down to regional procedures.

EU law pyramid

Binding law at the top, non-binding (soft) law at the base.

EU law

European Union

Two tiers of binding law, then four kinds of soft law.

Basic Regulation
Implementing Rules IR
Binding lawSoft law (non-binding)
  • GMGuidance Material
  • AMCAcceptable Means of Compliance
  • CSCertification Specifications
  • SCSpecial Conditions

Basic Regulation and Implementing Rules are binding. The base is soft law.

National regulatory procedure

How rules pass down to the people doing the job.

Government department Ministry of Transport Framework regulation
Competent authority NSA Detailed regulation
Service provider ANSPNaviair in Denmark Local instructions
The people doing the job ATC / FISO employees

Each level makes the rules more detailed.

How rules are made

ICAO and the EU/EASA follow different processes.

Global
4 ICAO processsteps
  1. OriginSomeone comes up with an idea.
  2. DevelopmentA panel develops the material.
  3. ReviewReviewed by the ANC (Air Navigation Commission).
Europe
6 EU / EASA processsteps
  1. InitiationThe idea is sent in.
  2. RIARegulatory Impact Assessment.
  3. Drafting rulesA rule proposal is written.
  4. ConsultationKey difference from ICAOPublic consultation: any citizen can comment.
  5. Review of commentsThe comments that came in are reviewed.
Application and publication

Both processes end on this same step, at a different number.

ICAO · step 4Adopted by the ICAO Council.
EU / EASA · step 6The rule is published and applies.

Where a rule comes from

The three levels of LAW 001, carrying the instruments of this note.

GlobalICAO
  • 19 AnnexesSARPs
  • PANS
  • SUPPs
EuropeanEU / EASA

Soft law underneath: GM, AMC, CS, SC

  • Basic Regulation
  • IRImplementing Rules
  • GM
  • AMC
  • CS
  • SC
NationalDenmark
  • Framework regulationMinistry of Transport
  • Detailed regulationNSA
  • Local instructionsANSP
ATC / FISO employees
Global, European and national. Each level takes the one above and makes it more detailed.

Reading material