GEN 1.7  Differences from ICAO Standards, Recommended Practices and Procedures

Within the AIP Slovenia no aeronautical data or aeronautical information is compliant with Commission Regulation (EU) 73/2010.
ReferenceDifferences
Annex 1 - Personnel Licensing
(12th edition)
NIL
Chapter 44.4.1.1Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (Official Journal of the European Union 63, 6.3.2015) stipulates:

“ATCO.B.001 Student air traffic controller licence, par. (b), point (1):
...(b) Applicants for the issue of a student air traffic controller licence shall:
(1) be at least 18 years old;”
Annex 2 - Rules of the Air
(10th edition)
Chapter 33.2.2New 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 text in bold):

“(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 (1000 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 Service
for International Air Navigation
(20th edition)
Chapter 11.1Definition “Volcanic ash advisory centre (VAAC)” in Regulation (EU) 2017/373 includes additional text “following volcanic eruptions”
Chapter 5New 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.”
Chapter 9Volcanic ash advisory in graphical format (VAG) and SIGMET for volcanic ash in graphical format (model SVA) are not provided in polar stereographic projection and in Mercator projection.
Appendix 4 2.6.2No reporting of turbulence in regard to “eddy dissipation rate” (EDR) and data link communication.
Appendix 4 2.6.3No reporting of turbulence in regard to “eddy dissipation rate” (EDR) and data link communication.
Appendix 6 4.2.6In SIGMET and AIRMET, no reporting of turbulence based on the “eddy dissipation rate” to define moderate or severe turbulence.
Annex 4 - Aeronautical Charts
(11th edition)
NIL
Chapter 88.1Area Chart - ICAO is currently not published in Slovenia
Chapter 1616.1The World Aeronautical Chart - ICAO 1:1 000 000 is currently not published in Slovenia
Annex 5 - Units of Measurement to be Used in Air and Ground Operations (5th edition)NIL
Annex 6 - Operation of Aircraft
Part I - (11th edition)
Chapter 66.3.4On “flight crew machine interface recording” there are currently no such provisions in the rules on air operations. EASA Rulemaking task (RMT) No. RMT.0392 “Update of Air OPS rules” will address the need to transpose these SARPs. The proposed update by EASA will have to be adopted at EU level.
Appendix 81.4On a function available to the flight crew to erase cockpit voice record (CVR) and Airborne image recorder (AIR) recordings after flights for new or large aeroplane with an individual Certificate of Airworthiness first issued on or after 1 January 2023 there is currently no such provision in the rules on air operations. EASA Rulemaking task (RMT) No. RMT.0392 “Update of Air OPS rules” will address the need to transpose this Standard. The proposed update by EASA will have to be adopted at EU level.
Chapter 1313.2ORO.SEC.100 of Annex III to Commission Regulation (EU) No 965/2012 does require a reinforced cockpit door for CAT operation with aircraft with a seating capacity of 19 passengers seats or less and a MCTOM of more than 45 500 kg and up to 54 500kg. EASA Rulemaking task (RMT) No. RMT.0392 “Update of Air OPS rules” will propose the alignment of Commission Regulation (EU) No 965/2012 with ICAO Amendment 43 to remove the requirement for a reinforced cockpit door for CAT operations with aircraft with a seating capacity of 19 passenger seats or less and a MCTOM of more than 45 500 kg and up to 54 500kg. The proposed update by EASA will have to be adopted at EU level.
Annex 6 - Operation of Aircraft
Part II - (10th edition)
Appendix 2.31.4The rules on air operations in Annex VI (Part NCC), Section 1 (Aeroplanes) and in Annex VI (NCC.IDE.A.160 (CVR), and in NCC.IDE.A.165 (FDR) do not contain provisions for a function to erase CVR and AIR recordings. EASA Rulemaking task (RMT) No. RMT.0392 “Update of Air OPS rules” will address the need to transpose this Standard and to enable a function to erase CVR and AIR recordings. The proposed update by EASA will have to be adopted at EU level.
Annex 6 - Operation of Aircraft
Part III - (9th edition)
Chapter 22.3.7.1CAT.OP.MPA.195 of Commission Regulation (EU) No 965/2012 and the accompanying AMC do not prohibit refuelling or defueling when oxygen is being replenished with passengers on board.
Commission Regulation (EU) No 1321/2014 contains detailed training and maintenance instructions for certified maintenance staff (Part-66 staff) related to oxygen. Replenishing oxygen is a maintenance task. European Regulation (EU) No 1321/2014 contains detailed training and maintenance instructions for certified maintenance staff (Part-66 staff) related to oxygen and requires a qualification “C15” for dealing with oxygen. Therefore, the aircraft maintenance technician training and licencing requirements sufficiently address any identified risks related to oxygen replenishing. A difference will therefore exist with the amended ICAO SARPs and EU rules on air operation regarding fuelling when oxygen is replenished.

CAT.OP.MPA.195 of Commission Regulation (EU) No 965/2012 and the accompanying AMC on air operations for helicopter operations do not prohibit refuelling with rotors turning and passengers disembarking or embarking. EASA RMT.0573 on fuel will propose the alignment of the EU rules on air operations and accompanying AMC with this ICAO amendment to prohibit refuelling with rotors turning and passengers embarking/disembarking. The proposed update by EASA will have to be adopted at EU level.

CAT.OP.MPA.195 of Commission Regulation (EU) No 965/2012 and the accompanying AMC on air operations for helicopter operations do not prohibit refuelling with rotors stopped and passengers disembarking or embarking. Such operations are common practice with small and large aeroplanes and have proved not to generate risks. Helicopter operators should continue to be able to refuel with rotors stopped and passengers disembarking or embarking. This is common practice in aeroplane operation. Due to the faster evacuation process in helicopters and additional mitigations that are planned to be introduced under EASA Rulemaking task No. RMT .0573 on fuel, such refuelling continues to be permitted in helicopter operations. A difference will therefore remain with the amended ICAO SARPs and EU rules regarding refuelling with rotors stopped and passengers disembarking or embarking.
Chapter 22.3.7.6CAT.OP.MPA.195 of Commission Regulation (EU) No 965/2012 and the accompanying AMC do not prohibit refuelling or defueling when oxygen is being replenished with passengers on board.
Commission Regulation (EU) No 1321/2014 contains detailed training and maintenance instructions for certified maintenance staff (Part-66 staff) related to oxygen. Replenishing oxygen is a maintenance task. European Regulation (EU) No 1321/2014 contains detailed training and maintenance instructions for certified maintenance staff (Part-66 staff) related to oxygen and requires a qualification “C15” for dealing with oxygen. Therefore, the aircraft maintenance technician training and licencing requirements sufficiently address any identified risks related to oxygen replenishing. A difference will therefore exist with the amended ICAO SARPs and EU rules on air operation regarding fuelling when oxygen is replenished.
Appendix 4Function to erase CVR and AIR recordings: there is currently no such provision in the rules on air operations. EASA Rulemaking task (RMT) No. RMT.0392 “Update of Air OPS rules” will address the need to transpose the ICAO amendment regarding a function to erase CVR and AIR recordings. A difference will exist until the proposed update stemming from EASA Rulemaking Task No. RMT.0392 has been adopted at EU level.
Annex 7 - Aircraft Nationality and Registration Marks (6th edition)NIL
Annex 8 - Airworthiness of Aircraft (12th edition)NIL
Annex 9 - Facilitation
(15th edition)
NIL
Annex 10 - Aeronautical Telecommunications
Volume I - (7th edition)
Volume III - (2nd edition)
Volume IV - (5th edition)
Volume V - (3rd edition)
NIL
Annex 10 - Aeronautical Telecommunications
Volume II - (6th edition)
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
(a) Transmission of numbers
(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.”
5.2.1.7.3.2.3ICAO 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 11 - Air Traffic Services
(15th edition)
Chapter 22.6.1Exemption possibility. Implementing Regulation (EU) No 923/2012 paragraph SERA.6001 allows aircraft to exceed the 250 knot speed limit where approved by the competent authority for aircraft types, which for technical or safety reasons, cannot maintain this speed.
2.19.3No provision or obligation to ensure safety risk assessment.
2.19.3.1No provision to include entities conducting or identifying activities potentially hazardous to civil aircraft to contribute to the safety risk assessment.
2.26.5Implementing Regulation (EU) No 923/2012 SERA.3401(d)(1) differs from ICAO Annex 11, standard 2.26.5 by stating that

“Time checks shall be given at least to the nearest minute”
Chapter 3New 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 3050 m (10000 ft) during climb or descent, during day in visual meteorological conditions.
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 text in bold):

“(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:
i. ATC route clearances;
ii. clearances and instructions to enter, land on, take off from, hold short of, cross, taxi and backtrack on any runway; and
iii. runway-in-use, altimeter settings, SSR codes, newly assigned communication channels, level instructions, heading and speed instructions; and
iv. transition levels, whether issued by the controller or contained in ATIS broadcasts.”
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 text in bold):
“(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 1500 m or, for helicopters, not less than 800m;
(3) fly at 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 not less than 1500 m or, for helicopters, not less than 800 m;
(2) the ceiling is not less than 180 m (600 ft).”
Chapter 33.7.3.3No provision for drivers operating or intending to operate on the manoeuvring area to read back to the air traffic controller safety-related parts of instruction.
3.7.3.4No provision for controller to listen to the read-back or take immediate action.
Annex 12 - Search and Rescue
(8th edition)
NIL
Annex 13 - Aircraft Accident and Incident Investigation
(11th edition)
NIL
Annex 14 - Aerodromes
Volume I - (8th edition)
Chapter 11.1The current definition of Annex 14 will apply until the adoption of the new one. The new definition is planned to be adopted by January 2020
Chapter 22.1.4The current requirements of Regulation 139/2014 do not address this provision. This provision is planned to be adopted by January 2020
Chapter 44.2.16The EASA certification specifications are more demanding regarding the length of the inner edge of the balked landing surface. EASA will consider in the future the results of the work of the ICAO OLS task force.
Annex 14 - Aerodromes
Volume II - (4th edition)
NIL
Annex 15 - Aeronautical Information Services
(16th edition)
All SARPs in Annex 15 as affected by amendment 40Work is underway to achieve full compliance.
Expected date of implementation: 27 January 2022.
Annex 16 - Environmental Protection
Volume I - (8th edition)
Volume II - (4th edition)
Volume III - (1st edition)
Volume IV - (1st edition)
All SARPs in Annex 16 Vol. I as affected by amendment 12Not implemented. Subject to an on-going rulemaking task of EASA. Expected date of compliance: 1 January 2019.
All SARPs in Annex 16, Vol II as affected by amendment 9Not implemented. Subject to an on-going rulemaking task of EASA. Expected date of compliance: 1 January 2019.
All SARPs in Annex 16 Vol. IIINot implemented. Subject to an on-going rulemaking task of EASA. Expected date of compliance: 1 January 2019.
Annex 17 - Security (11th edition)NIL
Annex 18 - The Safe Transport of Dangerous Goods by Air
(4th edition)
NIL
Annex 19 - Safety Management
(2nd edition)
NIL
ICAO Doc 9981 Procedures for Air Navigation Services AERODROMES
(3rd edition, 2020)
Chapter 77.1Requirements for aircraft stand allocation marshalling service, follow me, blast precautions, apron cleaning, aircraft pushbacks and operation of airbridges will apply as of Q1/2022.