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HELLENIC CIVIL AVIATION AUTHORITY

CHAPTER 12 - ICAO POLICY

1 BACKGROUND

In accordance with the International Civil Aviation Organization Convention (Greece

is a signatory), Articles 38, 39 and 40 prescribe the circumstances requiring the

Filing of a difference and the obligations stemming from that difference. In cases

where the national standard falls below the standard prescribed by the ICAO

Annexes, the state is obliged to advise the ICAO council of this difference and to

annotate either the aircraft document or the personnel document (as appropriate) with

the notification of the difference. More importantly however, this notification does

not relieve the state of its international obligation to conform with the Annexes, andin these cases, the state may not allow international flights to occur except with the

express permission of the other countries that are entered or over-flown.

According the ICAO convention articles noted above, all differences are to be filed

which includes those where a more exigent national standard is in effect. It is noted

that many states DO NOT file differences in cases where national standards are more

exigent than the ICAO standard or in cases where the national standard differs from

an ICAO recommendation rather than an ICAO standard; there appears to be some

controversy within ICAO as to the need to file those types of differences. Until such

time as ICAO clarifies this issue, the state must establish its own policy in this

regard. With the HCAA submission to the supplement to Annex 1 filed by Greece in

October, 2001, the HCAA has adopted the policy of notifying all differences,

including differences to recommended practices and differences for which the

national standard is more exigent than that of ICAO.

2 NOTIFICATION PROCEDURE

In order to identify the differences and file these differences for Personnel Licensing,

(published as the Supplement to Annex 1), the following procedures are followed:

a) ensure all appropriate branches involved in the areas of ICAO amendment

have been advised of the request for filing differences*; provide a date for

response or provide a draft submission with request for comments and a

deadline leaving enough time to incorporate the comments into the final

submission;

b) review of most recently amended National regulations and policies for

Personnel Licensing that are the responsibility of D2.

c) compare the HCAA national standards with the current ICAO SARPS

including previously filed differences;


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d) discuss the impact of differences and implications of Article 38 of the

ICAO convention to establish the continued validity of the HCAA policy

regarding the notification of differences;

e) draft differences in accordance with established wording in the Supplement

and the established HCAA policy;

f) compile the differences submitted by other Divisions of the HCAA;g) validate the final differences list and co-ordinate with other Divisions as

required;

h) prepare a covering letter (see Appendix) and submit this differences list to

the Director/Governor for approval;

i) submit the approved list to D1 division of HCAA responsible for the

forwarding ICAO differences to ICAO representative for Greece;

j) prepare modifications to National standards and policy as required.

* Other Divisions of the HCAA are responsible for ATC standards and

Aeronautical Station Operator Standards.

A total re-submission including amendments to existing filed differences can be

completed each time a "Notification of Compliance with or Differences from Annex

1" is filed for an amendment.

3 AERONAUTICAL INFORMATION PUBLICATION

In accordance with the ICAO Standards and Recommended Practices, certain

licensing information must be published by each state in its Aeronautical Information

Publication.

ICAO Extracts

Annex 15, Chapter 4,

"GEN 1.7 Differences from ICAO Standards, Recommended Practices and

Procedures

A list of significant differences between national regulations and practices of

the State and related ICAO provisions, including:

1) provision affected (Annex and edition number, paragraph); and

2) difference in full text.

All significant differences must be listed under this subsection ";

and Annex 1, Chapter 1

"1.2.2.2 Recommendation. -- A pilot license issued by a Contracting State

should be rendered valid by other Contracting States for use in private flights.

Note. -- Contracting States which, without formality, render valid a license

issued by another Contracting State for use in private flights are

encouraged to notify this facility in their Aeronautical Information

Publications."


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APPENDIX - Covering Letter for submission to the HCAA D1 Division

To: HCAA D1 Tuesday, September 25, 2008From: Flight Standards Division

Subject: ICAO Submission - Supplement to Annex 1

Attached are the consolidated differences for Personnel Licensing identified between the HCAAstandards and those of ICAO, Annex 1. These differences are to be notified in accordance with

our obligations as an ICAO member state as stipulated in Articles 38, 39 and 40 of the ICAO

Convention. Further to direction issued by the Governor office in a memorandum of 20-03-2001((1//2120/826/), differences must be approved at by the Governor with a copy provided to our

ICAO representative before submission to ICAO. We have included a draft letter of transmittalfor the Governor's signature for this purpose. This covering letter replaces Attachment B to

ICAO's state letter AN 12/1.1-01/29 and should be submitted by [date specified in the ICAOstate letter].

Yours Truly,

Director, Flight Standards Division

Personnel Licensing Procedures Manual Chapter 12 3 Rev 04, January 2009


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Personnel Licensing Procedures Manual Chapter Appendices Rev 03 May 2006


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