1-Icao, International And Legal Functions Procedures Manual.pdf

KINGDOM OF CAMBODIA STATE SECRETARIAT OF CIVIL AVIATION Procedures Manual For ICAO, International Relations And Legal Affairs Functions MAO HAVANNALL~ Effective Date 04 October 2018 The previous Proce[.]

KINGDOM OF CAMBODIA

STATE SECRETARIAT OF CIVIL AVIATION

Procedures Manual

For ICAO, International Relations And

Legal Affairs Functions

MAO HAVANNALL ~

Effective Date: 04 October 2018 The previous Procedures Manual for ICAO, International Relations and Legal Affairs Functions dated 16 June 2016 is hereby repealed

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KINGDOM OF CAMBODIA

STATE SECRETARIAT OF CIVIL AVIATION

Procedures Manual

For ICAO, International Relations And

Legal Affairs Functions

(Issue: 2, Revision: 0)

October-2018

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RECORD OF REVISIONS

Issue 1 01 Dec 2015 -

Issue 2, Revision 0 04 Oct 2018

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Contents

Chapter 1.Introduction 1 1.1 Statutory Provision 1 1.2 ICAO, International Relations and Legal Affairs Functions 1

1.4 Duties and Responsibilities 2 Chapter 2.Development of Legal Framework 3 2.1 Legislative System in Cambodia 3 2.2 Formulation and Amendment of Law 3 2.2.1 Formulation of Law 3 2.2.2 Amendment of Law 4 2.3 Formulation and Amendment of Sub-decree 4 2.4 Formulation and Amendment of Cambodian Civil Aviation Regulations (CCARs) 5 2.5 Development and Amendment of Circular/Manuals/Procedures/Guidance Materials 6 2.6 Adoption of Regulation from other State 7 Chapter 3.Management of SARPs 8 3.1 State Obligation to the SARPs 8

3.3 Procedure for Management of ICAO SARPs and State Letters 8 3.4 Description of Differences 11 3.5 Means of Notification 12 3.6 Withdrawing Differences Filed With ICAO 12 3.7 Publishing the Differences to ICAO Annexes in AIP 12 3.8 Process and Procedures for Management of Differences 12 3.9 Criteria for Determining Whether To Notify Differences from Standards 14

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Chapter 4.Miscellaneous 16 4.1 Cooperation in Air Services Agreement Preparation 16 4.2 Ratification of International Conventions 16 4.3 International Relations Matters 17

4.5 Library Management and Documentary Center 17 4.6 Inter-departmental Coordination 18

Appendices

Appendix-1 Organization Structure of SSCA

Appendix-2 Entities Responsible for ICAO Annexes

Appendix-3 Management of ICAO State Letters

Appendix-4 Development/Amendment of Sub-decree/Regulation/Technical Guidance

Appendix-5 ICAO SARPs Management - Timeline

ICAO, Int'l Relations and Legal Affairs Functions Procedures Manual

October 2018, Revision 3 Page 5

4 The draft Sub-decree is put for discussion in inter-ministerial meetings (or, if need be, within SSCA itself) Feedbacks and suggestions from concerned departments, centers, units and stakeholders will be collected on the subject matter

5 SSCA summits the draft Sub-decree to the Council of Ministers for consideration and approval

6 After the approval of the Council of Ministers, the approved Sub-decree is sent to the Prime Minister for signature, and comes into force;

7 The amendment will repeal, replace or modify the existing Sub-decree to the extent indicated in the amendment

Note: The flow chart for the development/amendment of Sub-decree is presented in Appendix-4

2.4 Formulation and Amendment of Cambodian Civil Aviation Regulations (CCARs):

Provisions of SARPs to the Annexes to the Convention are enforced through various Regulations issued by the SSCA in most of the cases The draft work of Civil Aviation Regulations will be initiated

to conform to the date as specified in the ICAO State letter and notification

The procedure to formulate new civil aviation Regulation or amendment of the existing one will be as follows:

1 The Concerned Department will keep up to date the amendments of ICAO SARPs through the ICAO State Letter management procedures described in Chapter 3 and justify regarding the need to develop a new regulation or amendment of an existing one

2 If there is a request from the Concerned Department, the International Relations and Legal Affairs Department will examine the request on the basis of legal principles, existing regulatory measures and prospective implications

3 A work team may be formed consisting of members of the International Relations and Legal Affairs Department, Concerned Department personnel, and concerned experts from within or outside the SSCA to draft the required document

4 The work team will prepare the draft document within a period of 30-90 days based on

ICAO, Int'l Relations and Legal Affairs Functions Procedures Manual

October 2018, Revision 3 Page 6

the nature of task

5 Feedback and suggestion from Concerned Departments and stakeholders will be collected on the subject matter and a draft Regulation is prepared

6 An interaction programme will be conducted for the comments on the draft Regulation from the concerned stakeholders If found appropriate, the comments will be incorporated in the final draft

7 Final draft will be prepared and submitted to the Director General of Technical through the Director of Concerned Department

8 After the concurrence of the Director General of Technical the final draft is submitted to the International Relations and Legal Affairs Department for review

9 After evaluating the final draft, the International Relations and Legal Affairs Department submits it to the Head of SSCA for approval

10 The regulation, thus approved, will be applicable on the date as specified in the

Regulation

11 The amendment will repeal, replace or modify the existing Regulations to the extent

indicated in the amendment

Note: The flow chart for the formulation /amendment of Regulation is presented in Appendix-4

2.5 Development and Amendment of Circular/Manuals/Procedures/Guidance Materials

1 Circulars, Manuals, Guidance Material and Procedures relating to the regulatory functions will be developed and amended by the respective technical departments and entities, after receiving ICAO State letter or order via International Relations and Legal Affairs Department The draft of these documents is submitted to the DGT for the approval process DGT may seek comments from the ‘Focal Point’ on these draft documents The

DG submits the draft documents to the Head of SSCA for his approval After the approval from the head of SSCA, these documents will be applicable from the date as specified in

Appendix-2

Entities Responsible for ICAO Annexes

1 International Relations and Legal Affairs

Departmennt

Chicago Convention Annex 2: Rule of the Air Annex 19- Safety Management System

2 Personnel Licensing Department Annex 1- Personnel Licensing

Annex 19- Safety Management System

3 Standards and Flight Safety

Annex 1- Personnel Licensing Annex 2- Rules of the Air (Partially) Annex 6- Operation of Aircraft

- PANS-OPS Annex 18- The safe Transport of Dangerous Goods by Air

Annex 19- Safety Management System

4 Airworthiness

Annex 1- Personnel Licensing (Partially) Annex 6- Operation of Aircraft (Partially) Annex 7- Aircraft Nationality and Registration

Marks Annex 8- Airworthiness of Aircraft Annex 16- Environmental Protection Annex 19- Safety Management System

5 Standards and Air Navigation Safety

Annex 1- Personnel Licensing (Partially) Annex 2- Rules of the Air

Annex 3- Meteorological Services for

International Air Navigation Annex 4- Aeronautical Charts

Annex 5- Unit of Measurement to be Used in

Air and Ground Operations Annex 10- Aeronautical Telecommunications Annex 11- Air Traffic Services

Annex 12- Search and Rescue Annex 15- Aeronautical Information Services PANS-ATM

Annex 19- Safety Management System

6 Standard and Airport Safety

Annex 14- Aerodromes Annex 16- Environmental Protection (Partially) Annex 19- Safety Management System

7 Accident Investigation Unit Annex 13- Aircraft Accident and Incident

Investigation

8 Aviation Security + Airports

Annex 9- Facilitation Annex 17- Security: Safeguarding International

Civil Aviation Against Acts of Unlawful Interference

9 Security-Security Management and Quality

Assurance

Annex 19- Safety Management System/SSP

Appendix 4: Development/Amendment of Sub-decree/Regulation/Technical Guidance

International Relations and Legal Affairs Department (IRLAD)

/ Procedures

Technical Working Group

Concerned Department

Regulation

International Relations and Legal Affairs Department (IRLAD)

Circular / Manuals / Guidance Material /

Procedures Sub-Decree

Regulation

Appendix 5: ICAO SARPs Management - Timeline

No Focal Point DG of Technical Concerned Department Head of

SSCA Timeline

1 ACTION ON STATE LETTER

1.1

Review of State Letter

and disseminate to DG

of Technical

Within 7 days of receipt of the State Letter

1.2

Review of State Letter and

Distribute to Concerned Department and/or external agencies

Within 7 days of receipt of the State Letter from Focal Point

1.3

Review the State Letter and evaluate the:

- Proposed amendment of SARPs for any points of agreement or disagreement

- Notified adoption of SARPs for any point of disapproval,

or any difference or compliance Forward its formal response to

DG of Technical

Within 30 days of the State Letter from DG

of Technical

1.4

Collect response of the Concerned Department and send to Focal Point

Within 3 days of receipt of response from Concerned Department 1.5

Collect response of the external agency, if any, and send to Focal Point

Within 3 days of receipt of response from external agency

1.6

Evaluate response of

the Concerned

Department and the

external agencies (if

any) and submit final

response to Head of

SSCA for approval

process

Within 7 days of receipt of response from DG of Technical

submitted 1.8 State Response

made to ICAO

Within 3 days after approval from Head of SSCA

No Focal Point DG of Technical Concerned Department Head of

SSCA Timeline

2 REGULATION DEVELOPMENT / AMENDMENT

2.1

Focal Point notifies

Concerned

Department the

decision of Head of

SSCA (cc.DG of

Technical)

Within 3 days from the approval of Head of SSCA as specified in 1.8

2.2

- Form draft team (IRLAD staff + Concerned Department staff + concerned experts, as applicable)

- Stakeholder consultation, if required

- Forward draft regulation to

DG of Technical

Within 30-90 days after receiving the notification from Focal Point

2.3

Review the draft regulation and forward

to Focal Point

Within 3 days after receiving of draft regulation form Concerned

Department

2.4

Evaluate the draft

regulation, and

review of:

- Amendment to

Regulation

ensuring all Annex

provisions are

addressed

- Final response to

Annex amendment

and identified

Differences

Approval

- Response to ICAO

and Notification of

Differences

Submit to Head of

SSCA for approval

Within 15 days after receiving of draft regulation from DG of Technical

submitted

No Focal Point DG of Technical Concerned Department ANS Timeline

3 FILING OF DIFFERENCES

3.1

Focal Point notifies

Concerned

Department the

decision of Head of

SSCA (cc.DG of

Technical)

Within 3 days from the approval of Head of SSCA as specified in 1.8

differences

Within 21 days from the date of notification 3.3

Publish the differences

As per the AIRAC cycle