BACKGROUND TO ARTICLE 38:[Q-1 Should a State have to notify a difference under Article 38 when that States flight crew licensing regulations are more demanding than the equivalent ICAO standard in Annex 1? ] Accepting the Chicago Convention of ICAO, member states has undertake to collaborate in securing the highest practicable degree of uniformity in regulations, procedures, standards and organization in all matters of which such uniformity will facilitate and improve air navigation. So it is common consideration that all the states are enough sincere about the quality of Air Navigation.
It is clearly mentioned in Article 38 that, any state which finds it impracticable to comply in all respects with a such international standard or procedures, or to bring its own regulation or practice into full accordance with any international standard or procedure after amendment, or which considers it necessary to adopt regulations or practices confronting in any particular respect from those established by an international standard, shall provide immediate notification to the International Civil Aviation Organization.
It should mention that the differences between its own practice and that established by the international standard. In case of amendments to international standards, any State that does not make the relevant amendments to its own regulations or practices must provide notice to the Council within sixty days of the adoption of the amendment to the international standards and also indicate the action which it proposes to take.
In this case the Council shall make immediate notification to all other states of the difference that exists between one or more features of an international standard and the corresponding national practice of that State. With the aim to promote progress in flight safety, particularly by guaranteeing satisfactory minimum standards of training and safety procedures and by ensuring uniform international practices, ICAO has added 18 annexes to the Chicago Convention. Annex 1 relates with flight crew licensing.
Annex- 1 headed as Personnel Licensing”licensing of flight crews, air traffic controllers, and aircraft maintenance personnel. Thus, a State has to notify a difference under Article 38 when that States flight crew licensing regulations are more demanding than the equivalent ICAO standard in Annex-1. Provisions of Article 38 of the Convention are reiterated in Appendix D of Resolution A32-14. The relevant resolving clauses and associated practice are as follows: 1. The contracting States shall be encouraged and assisted in the implementation of SARPs and PANS by all available means; and
2. The differences between the regulations and the practices of the contracting States and the SARPs and PANS shall be monitored with the aim of encourage the elimination of those differences which are important for the safety and regularity of international air navigation with the objectives of the international Standards. 3. The Council should urge Contracting States to notify the Organization of any differences that exist between their national regulations and practices and the provisions of SARPs as well as the date or dates by which they will comply with the SARPs.
The notifications of differences from SARPs received should be promptly issued in supplements to the relevant Annexes. Contracting States should also be requested to publish in their AIPs any significant differences from the SARPs and PANS. RECENT DEVELOPMENT An important recent development has implied in the standard memorandum of understanding that is drawn up between a State and ICAO regarding a Safety oversight audit. This MOU states that The obligations and responsibilities for notifying to ICAO any difference or non-compliance with Standards contained in any ICAO Annex shall rest with [the State].
Differences that exist between the national regulations and practices of [the State] and ICAO Standards, which have been identified during the course of the safety oversight audit, and which will continue to exist when the final report is issued and shall be deemed to have been notified to ICAO by [the State]. ICAO will incorporate these differences in the Supplements to the appropriate Annexes and in any other relevant ICAO safety-related publication.
The most recent development to Annex 1, has Amendment 167 (Annex 1, 9th Edition), adopted by the Council on March 10, 2006. Main feature of the amendment has revised with new medical provisions on the upper age limits for flight crewmembers and new personnel licensing requirements for aircraft. Introduction of the Multi-crew Pilot Licence (MPL), amendments to the existing flight crew licensing Standards, provisions on the role of flight simulation training devices (FTDs) in acquiring and maintaining for the various levels of licences and ratings.