Considerations on COM(2024)477 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)477 - . |
|---|---|
| document | COM(2024)477 |
| date | October 16, 2024 |
(2) All Member States are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. For the period 2022-2025, there are six Member States represented in the ICAO Council.
(3) Pursuant to Article 37 j) of the Chicago Convention, the ICAO shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with customs and immigration procedures. Pursuant to Article 54(l) of the Chicago Convention, the ICAO Council may adopt international Standards and Recommended Practices (‘SARPs’), and designate them as Annexes to the Chicago Convention.
(4) The ICAO Council, at its 233rd session, is to adopt Amendment 30 to Annex 9 – Facilitation to the Chicago Convention.
(5) The main purposes of the Amendment 30 to Annex 9 - Facilitation to the Chicago Convention included in the State Letter EC 6/3 − 24/67 is to to improve the clarity and consequently the consistency and efficiency of Annex 9.
(6) Amendment 30 to Annex 9 - Facilitation to the Chicago Convention includes amendments to Chapter 1 (“Definitions and general principles”), Chapter 3 (“Entry and Departure of persons and their baggage”), Paragraph C (“Security of travel documents”), Paragraph D (“Travel documents”), Paragraph G (“Embarkation/Disembarkation Cards”), Paragraph H (“Inspection of travel documents”) and Chapter 8 (“Facilitation provisions covering specific subjects”), Paragraph H (“Trafficking in persons”) and I (“Wildlife Trafficking”).
(7) It is appropriate to establish the position to be taken on the Union's behalf within the ICAO Council as the Amendment 30 to Annex 9 – Facilitation to the Chicago Convention will be binding under international law in accordance with Article 90(a) of the Chicago Convention and and is of relevance to Union legislation, namely: Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and bimetrics in passports and travel documents issued by Member States6and Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas7 Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any such international standard or procedures or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, should give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.
(8) The Union's position during the 233rd session of the ICAO Council or any consequent session with regard to the adoption of the proposed amendments to Chapter 1 (“Definitions and general principles”), Chapter 3 (“Entry and Departure of persons and their baggage”), Paragraph C (“Security of travel documents”), Paragraph D (“Travel documents”), Paragraph G (“Embarkation/Disembarkation Cards”), Paragraph H (“Inspection of travel documents”) and Chapter 8 (“Facilitation provisions covering specific subjects”) Paragraph H (“Trafficking in persons”) and I (“Wildlife Trafficking”) contained in Amendment 30 to Annex 9 - Facilitation to the Chicago Convention included in the State Letter EC 6/3 − 24/67, should be to vote to support these amendments in their entirety. This position shall be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly in the interest of the Union.
(9) The Union’s position after the adoption of Amendment 30 to Annex 9 - Facilitation to the Chicago Convention by the ICAO Council, to be announced by the ICAO Secretary General via an ICAO State Letter procedure, should be to not register any disapproval and to comply with the amendments. Where Union legislation would deviate from the newly adopted SARPs after an envisaged date of application of those SARPs, a difference with those particular SARPs should be notified to ICAO. The Union position with respect of such difference should be based on a written document submitted by the Commission to the Council for discussion and approval. This position should be expressed by all the Member States of the Union, acting jointly in the interest of the Union.
(10) This Decision does not constitute a development of the provisions of the Schengen acquis in which Ireland takes part in accordance with Council Decision 2002/192/EC.8Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(11) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.