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International Relations and Legal Affairs Functions dated 16 June 2016 is hereby repealed.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
REV NO. DATE CHAPTER REV NO. DATE CHAPTER
Issue 1 01 Dec 2015 -
Issue 2, Revision 0 04 Oct 2018
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Contents
Foreword vi
Chapter 1.Introduction 1
1.1 Statutory Provision 1
1.2 ICAO, International Relations and Legal Affairs Functions 1
1.3 Objective 2
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
3.2 Policy 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
4.4 Legal Advice 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
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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
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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
S.No. Departments 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)
Sub-Decree Circular / Manuals / Guidance Material
/ 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
1.7 Approval Within 5 days after
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
2.5 Approval Within 5 days after
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
3.2 Notify to AIS Department to file
differences
Within 21 days from the date of notification 3.3
Publish the differences
As per the AIRAC cycle