The Council, at the fourth meeting of its 219th Session held on 9 March 2020, when adopting the declaration related to the outbreak of the novel coronavirus (COVID-19), reaffirmed its commitment to closely monitor the situation and support Member States in their response measures, as appropriate, and its readiness to take further action as circumstances develop.

Amendments 44 and 39 to Annex 6 — Operation of Aircraft, Part I — International Commercial Air Transport — Aeroplanes and Part II — International General Aviation — Aeroplanes, respectively, arose from a proposal made by the Flight Recorder Specific Working Group (FLIRECSWG). These amendments came as a result of an unintended consequence of the COVID-19 global pandemic where aircraft, intended for delivery in 2020, will only receive their Certificate of Airworthiness after 1 January 2021, the date in which the future equipage requirements for twenty-five hour cockpit voice recorder (CVR) recordings are mandated. The pandemic has negatively impacted aircraft operators, aircraft manufacturers, flight recorder system equipment manufacturers, audio system equipment manufacturers and sub-tier suppliers to equipment manufacturers. If these aircraft had to be refitted, it would imply huge cost for the industry.

In this regard, I have the honour to inform you that Amendments 46 and 39 to Annex 6, Parts I and II, respectively, were adopted by the ICAO Council at the fifth meeting of its 221st Session on 4 November 2020. Copies of the Amendments and the Resolution of Adoption are available as attachments to the electronic version of this State letter on the ICAO-NET (http://portal.icao.int) where you can access all other relevant documentation.

When adopting the amendment, the Council prescribed 15 February 2021 as the date on which they will become effective, except for any part concerning which a majority of Contracting States have registered their disapproval before that date. In addition, the Council resolved that Amendments 44 and 39, to the extent they become effective, will become applicable on 25 March 2021.

States with aircraft subject to these Standards prior to the new future equipment date becoming effective can file a temporary difference in the COVID-19 Contingency Related Differences sub-system1 (CCRD) in the Electronic Filing of Differences system. Once the Standards become effective, the requirement to equip aircraft with a twenty-five hour cockpit voice recorder (CVR) recordings would apply in 2022 and the temporary difference would therefore not be needed.

The subjects are given in the amendment to the Forewords of Annex 6, Parts I and II, a copy of which is in Attachment A.

In conformity with the Resolution of Adoption, may I request:
a) that before 15 February 2021 you inform me if there is any part of the adopted Standards and Recommended Practices (SARPs) amendments in Amendments 44 and 39, respectively, concerning which your Government wishes to register disapproval, using the form in Attachment B for this purpose. Please note that only statements of disapproval need be registered and if you do not reply it will be assumed that you do not disapprove of the amendment;
b) that before 25 February 2021 you inform me of the following, using the Electronic Filing of Differences (EFOD) System or the form in Attachment C for this purpose:

1) any differences that will exist on 25 March 2021 between the national regulations or practices of your Government and the provisions of the whole of Annex 6, Parts I and II, as amended by all amendments up to and including Amendments 46 and 39, respectively, and thereafter of any further differences that may arise; and

2) the date or dates by which your Government will have complied with the provisions of the whole of Annex 6, Parts I and II as amended by all amendments up to and including Amendments 46 and 39, respectively.

With reference to the request in paragraph 5 a) above, it should be noted that a registration of disapproval of Amendments 46 and 39 or any part of either in accordance with Article 90 of the Convention does not constitute a notification of differences under Article 38 of the Convention. To comply with the latter provision, a separate statement is necessary if any differences do exist, as requested in paragraph 5 b) 1). It is recalled in this respect that international Standards in Annexes have a conditional binding force, to the extent that the State or States concerned have not notified any difference thereto under Article 38 of the Convention.

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Annex 6, Part I – Aeroplanes

All aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 2022 shall be equipped with a CVR which shall retain the information recorded during at least the last twenty-five hours of its operation.

Annex 6, Part II – Aeroplanes, Section 2 General Aviation Operations

All aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 2022 shall be equipped with a CVR capable of retaining the information recorded during at least the last 25 hours of its operation.