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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previous Procedures Manual for ICAO, International Relations and Legal Affairs Functions dated 16 June 2016 is hereby repealed KINGDOM OF CAMBODIA STATE SECRETARIAT OF CIVIL AVIATION Procedures Manual For ICAO, International Relations And Legal Affairs Functions (Issue: 2, Revision: 0) October-2018 i RECORD OF REVISIONS REV NO DATE CHAPTER Issue 01 Dec 2015 - Issue 2, Revision 04 Oct 2018 REV NO ii DATE CHAPTER Contents Foreword vi Chapter 1.Introduction 1.1 Statutory Provision 1.2 ICAO, International Relations and Legal Affairs Functions 1.3 Objective 1.4 Duties and Responsibilities 1 2 Chapter 2.Development of Legal Framework 2.1 Legislative System in Cambodia 2.2 Formulation and Amendment of Law 2.2.1 Formulation of Law 2.2.2 Amendment of Law 2.3 Formulation and Amendment of Sub-decree 2.4 Formulation and Amendment of Cambodian Civil Aviation Regulations (CCARs) 2.5 Development and Amendment of Circular/Manuals/Procedures/Guidance Materials 2.6 Adoption of Regulation from other State Chapter 3.Management of SARPs 4 3.1 State Obligation to the SARPs 3.2 Policy 3.3 Procedure for Management of ICAO SARPs and State Letters 3.4 Description of Differences 3.5 Means of Notification 8 11 12 3.6 Withdrawing Differences Filed With ICAO 12 3.7 Publishing the Differences to ICAO Annexes in AIP 12 3.9 Criteria for Determining Whether To Notify Differences from Standards 14 3.8 Process and Procedures for Management of Differences iv 12 Chapter 4.Miscellaneous 4.1 Cooperation in Air Services Agreement Preparation 4.2 Ratification of International Conventions 4.3 International Relations Matters 16 16 16 17 4.4 Legal Advice 4.5 Library Management and Documentary Center 4.6 Inter-departmental Coordination 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 v 17 17 18 ICAO, Int'l Relations and Legal Affairs Functions Procedures Manual 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 SSCA summits the draft Sub-decree to the Council of Ministers for consideration and approval After the approval of the Council of Ministers, the approved Sub-decree is sent to the Prime Minister for signature, and comes into force; 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: The Concerned Department will keep up to date the amendments of ICAO SARPs through the ICAO State Letter management procedures described in Chapter and justify regarding the need to develop a new regulation or amendment of an existing one 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 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 The work team will prepare the draft document within a period of 30-90 days based on October 2018, Revision Page ICAO, Int'l Relations and Legal Affairs Functions Procedures Manual the nature of task Feedback and suggestion from Concerned Departments and stakeholders will be collected on the subject matter and a draft Regulation is prepared 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 Final draft will be prepared and submitted to the Director General of Technical through the Director of Concerned Department After the concurrence of the Director General of Technical the final draft is submitted to the International Relations and Legal Affairs Department for review 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 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 October 2018, Revision Page Appendix-2 Entities Responsible for ICAO Annexes S.No Departments Annexes International Relations and Legal Affairs Departmennt Chicago Convention Annex 2: Rule of the Air Annex 19- Safety Management System Personnel Licensing Department Annex 1- Personnel Licensing Annex 19- Safety Management System Annex 1- Personnel Licensing Annex 2- Rules of the Air (Partially) Annex 6- Operation of Aircraft Standards and Flight Safety Airworthiness - PANS-OPS Annex 18- The safe Transport of Dangerous Goods by Air Annex 19- Safety Management System Annex 1- Personnel Licensing (Partially) Annex 6- Operation of Aircraft (Partially) Annex 7- Aircraft Nationality and Registration Marks Annex 8- Airworthiness of Aircraft Annex 16Annex 19Annex 1Annex 2Annex 3- Environmental Protection Safety Management System Personnel Licensing (Partially) Rules of the Air 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 Annex 14- Aerodromes Annex 16- Environmental Protection (Partially) Annex 19- Safety Management System Standards and Air Navigation Safety Standard and Airport Safety Accident Investigation Unit Annex 13- Aircraft Accident and Incident Investigation Aviation Security + Airports Annex 9- Facilitation Annex 17- Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference Security-Security Management and Quality Assurance Annex 19- Safety Management System/SSP Appendix 4: Development/Amendment of Sub-decree/Regulation/Technical Guidance Concerned Department International Relations and Legal Affairs Department (IRLAD) Technical Working Group Sub-Decree Regulation Circular / Manuals / Guidance Material / Procedures International Relations and Legal Affairs Department (IRLAD) Sub-Decree Regulation Circular / Manuals / Guidance Material / Procedures Appendix 5: ICAO SARPs Management - Timeline No Focal Point DG of Technical Concerned Department Head of SSCA Timeline ACTION ON STATE LETTER 1.1 Review of State Letter and disseminate to DG of Technical Within days of receipt of the State Letter Review of State Letter and Distribute to Concerned Department and/or external agencies 1.2 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 1.3 1.4 Collect response of the Concerned Department and send to Focal Point 1.5 Collect response of the external agency, if any, and send to Focal Point 1.6 Within days of receipt of the State Letter from Focal Point Within days of receipt of response from Concerned Department Within days of receipt of response from external agency Evaluate response of the Concerned Department and the external agencies (if any) and submit final response to Head of SSCA for approval process Within days of receipt of response from DG of Technical 1.7 1.8 No Within 30 days of the State Letter from DG of Technical Approval State Response made to ICAO Focal Point DG of Technical Concerned Department Head of SSCA Within days after submitted Within days after approval from Head of SSCA Timeline REGULATION DEVELOPMENT / AMENDMENT 2.1 Focal Point notifies Concerned Department the decision of Head of SSCA (cc.DG of Technical) Within days from the approval of Head of SSCA as specified in 1.8 - 2.2 - 2.3 Review the draft regulation and forward to Focal Point 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 Within 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 2.5 No Approval Focal Point DG of Technical Concerned Department ANS Within days after submitted Timeline FILING OF DIFFERENCES 3.1 3.2 3.3 Focal Point notifies Concerned Department the decision of Head of SSCA (cc.DG of Technical) Within days from the approval of Head of SSCA as specified in 1.8 Notify to AIS Department to file differences Within 21 days from the date of notification Publish the differences As per the AIRAC cycle