Leased aircraft Safety Oversight Agreements between Authorities Agreements

Leased aircraft - Safety Oversight Agreements between Authorities

Agreements Between Authorities Table of Contents 1 - The Safety Aspects and Implications of leasing Arrangements 2 - The Legal Instrument of Article 83 bis of the Chicago Convention 3 - The Prerequisites to the transfer of duties and functions 4 - The Bilateral agreement under Article 83 bis

Preamble Source documents • ICAO Secretariat Guidelines on the implementation of Article 83 bis of the Chicago Convention • Manual on Procedures for Operations, Inspection, Certification and Continued Surveillance (Doc. 8335) • The Airworthiness Manual (Doc. 9760) • The Circular 295 LE/2 Guidance on the implementation of article 83 bis of the Convention on International Civil Aviation ( dated February 2003) 2 -3

1 - The Safety Aspects and Implications of leasing Arrangements • Introduction Ø The leasing of aircraft is becoming a common practice. In order to optimise their operations and assets, companies and operators tend to enter into complex agreements that may involve many companies and many Authorities which supervise them: ü Aircraft registered in country 1 ü Crew trained in country 2 and holding a license from country 3 ü Maintenance tasks carried out in countries 4 and 5 ü Operator based in country (AOC)… 6 2 -4

1 - The Safety Aspects and Implications of leasing Arrangements • Introduction ØBefore any lease is authorised by the relevant Authorities, the leasing documents must be checked by the appropriate departments of all the intervening parties ü legal ü registry ü financial ü safety oversight 2 -5 ØResponsibilities for safety oversight must be clarified including the possibility for the Authorities of the concerned countries to enter into the necessary agreements (where the Aviation Law may be modified)

1 - The Safety Aspects and Implications of leasing Arrangements • Introduction ØAny leasing agreement that does not offer full clarity should not be authorised ØThe Aviation Law must empower the Aviation Authority to approve or reject a lease agreement 2 -6

1 - The Safety Aspects and Implications of leasing Arrangements • Introduction Ø Unless suitable arrangements are made between States involved, a lease may create complex legal, safety, enforcement and practical problems for both the State of Registry of the aircraft and/or the State of the Operator because of possible uncertainty concerning which party is responsible for the safe operation and airworthiness of the aircraft and which State’s regulations are applicable. 2 -7

1 - The Safety Aspects and Implications of leasing Arrangements • Introduction Ø When a registered aircraft of its own state is leased outside, the State of Registry will have difficulties to conduct safety oversight efficiently for several reasons : – – 2 -8 Distances between the States Resources (inspectors, budget. . . ) Number of aircraft leased outside Number of concerned countries

1 - The Safety Aspects and Implications of leasing Arrangements • Introduction ØICAO has become increasingly aware of the problems and recognised the general desire of Contracting States for a provision that would permit the transfer of certain functions and duties from the State of Registry to the State of the Operator forthe lease, charter, interchange or similar arrangements with respect to such aircraft. v Legal committee (1978) – Chicago convention to be amended – Provisional solutions : notes in Annexes 1, 6, 8 2 -9

1 - The Safety Aspects and Implications of leasing Arrangements • 23 rd Assembly Convention of Chicago : New article was adopted Article 83 bis Purpose : Transfer of duties and functions from State of Registry to State of Operator Ø Adopted on October 6, 1980 Ø In force on June 20, 1997 (after ratification by 98 States) 2 -10

1 - The Safety Aspects and Implications of leasing Arrangements • At the same time, Resolution A 23 -13 recognises : – State of registry unable to fulfil its responsibilities when an aircraft is leased (particularly dry lease) to an operator located in another state • In that case, Council recommends : Agreement between State of registry and state of operator to discharge adequately the functions of supervision allocated to it by the Convention of Chicago; (Pending the coming into force of the Article 83 bis which permits to transfer its responsibilities) 2 -11

1 - The Safety Aspects and Implications of leasing Arrangements • Pending the coming into force of the Article 83 bis (in 1997) together with the agreements signed by both parties Ø A bilateral agreement should be signed by both states : • To define the responsibilities and the obligations of each party • A Memorandum Of Understanding (MOU) can be signed as basis of bilateral agreement 2 -12

1 - The Safety Aspects and Implications of leasing Arrangements • Example : MOU between Country A and Country B In accordance with the model of MOU: Doc 9760 - Volume II, Part B, Chapter 10”International lease arrangements” Based on the existence of bilateral agreements on airworthiness 2 -13 xxxxxxx

1 - The Safety Aspects and Implications of leasing Arrangements • Example : MOU between Country A and Country B The main aspects considered in the document are 1 -Definitions 2 - Scope of application 3 - General provisions 4 - Lease authorization 5 - Modifications and repairs 6 - Continuing airworthiness 7 - Maintenance 8 - Service difficulty reporting 9 - Flight authorization 10 - Operations 11 - Surveillance and inspection 2 -14 xxxxxxx

1 - The Safety Aspects and Implications of leasing Arrangements • Example : MOU between Country A and Country B (different from an Article 83 bis agreement) Analysis of some points of that document 2 -15

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B Preamble – (a) the State of each Authority has ratified the Protocol Relating to an Amendment to the Convention on International Civil Aviation (Chicago Convention) signed at Montreal on 6 October 1980 (Article 83 bis); – (b) the State of each Authority has signed with the State of the other Authority a Bilateral Airworthiness Agreement (for example recognising of the repair station. . ); – (c) each Authority acknowledges that it is desirable, pending the coming into force of Article 83 bis, to enter into an arrangement providing for the development of procedures between the Authorities that will facilitate the lease of aircraft between operators of the States of the Authorities, thereby enabling greater flexibility in the commercial aviation industry and avoiding redundant technical evaluations, tests and inspections by the Authorities; 2 -16

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – (d) each Authority has determined that the standards of airworthiness and systems for airworthiness, environmental certification and maintenance of the other Authority are sufficiently equivalent to its own to make this Arrangement practicable; – (e) each Authority has determined that the operating requirements and design-related operational requirements of the other Authority are sufficiently equivalent to its own to make this Arrangement practicable; and – THEREFORE the Authorities have reached the following understanding to provide for the carrying out and the acceptance of certain functions, in particular the performance of inspection and surveillance activities, required to ensure that an aircraft during the term of a lease is operated and maintained to their mutual satisfaction. 2 -17

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 2. 0 - Scope of Application • 2. 1 This Memorandum will apply only to a lease of an aircraft – (a) from an operator of the State of one Authority to an operator of the State of the other Authority, – (b) which is operated by the lessee, – (c) which is registered in the State of one of the Authorities, and – (d) which is authorized for commercial operations. 2 -18

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 5. 0 - Modifications and repairs • 5. 1 The Lessee Authority, as a condition of issuance of a lease authorization in respect of an aircraft, may require a modification to that aircraft for the purpose of compliance with its approved type design for that aircraft or with its standards of airworthiness and design-related operational requirements. • 5. 2 Prior to issuing a lease authorization, the Lessee Authority will ensure that the design for any modification has been approved or accepted by the Lessor Authority. • 5. 3 During the term of a lease authorized for an aircraft, the Lessee Authority may authorize the performance and certification (CRS), in accordance with the Bilateral Airworthiness Agreement, of modification or repairs to that aircraft. 2 -19

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 5. 0 - Modifications and repairs (continued) • 5. 4 The Lessee Authority will ensure, prior to authorizing the performance and certification of modification or repairs to an aircraft, that the design for that modification or those repairs has been approved or accepted by the Lessor Authority. • 5. 5 The Lessor Authority will accept the performance and certification (CRS) of modification or repairs to an aircraft where that performance and certification has been authorized by the Lessee Authority. 2 -20

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 6. 0 - Continuing airworthiness • 6. 1 The Lessor Authority will notify the Lessee Authority of any mandatory airworthiness modification, special inspection, special operating limitation or other action required by the State of the Lessor Authority in respect of a leased aircraft during the term of a lease. • 6. 2 The Lessee Authority will endeavour to ensure that the required action is carried out within the time limit prescribed therein, and that the required action is performed and certified in accordance with the terms of the Bilateral Airworthiness Agreement between the States of the Authorities. 2 -21

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 7. 0 - Maintenance • 7. 1 Unless the Authorities specifically agree otherwise, the Lessee Authority, in respect of a leased aircraft, will accept the maintenance inspection schedule approved or accepted by the Lessor Authority. • 7. 2 The Lessor Authority will notify the Lessee Authority of any change in the approved maintenance inspection schedule which may affect the lease authorization. • 7. 3 Where the Lessee Authority proposes in a particular case to grant an extension to the time requirements of the approved maintenance inspection schedule, it will seek the consent of the Lessor Authority to that extension. 2 -22

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 7. 0 - Maintenance (continued) • 7. 4 During the term of a lease authorized for an aircraft, the Lessee Authority may authorize the performance and certification, in accordance with the Bilateral Airworthiness Agreement, of maintenance of that aircraft. • 7. 5 The Lessor Authority will accept the performance and certification of maintenance of an aircraft where that performance and certification has been authorized by the Lessee Authority. 2 -23

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 10. 0 - Operations • 10. 1 The Lessee Authority will be responsible for the authorization of all operations in respect of an aircraft during the term of a lease authorized for that aircraft. • 10. 2 The Lessee Authority may approve or accept a Minimum Equipment List in respect of an aircraft. • 10. 3 The Lessee Authority will endeavour to ensure that an aircraft is operated in accordance with – a) the flight manual approved by the Lessor Authority, and – b) the operations manual approved or accepted by it (the lessee Authority) 2 -24

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU : A/B – 11. 0 - Surveillance and inspection • 11. 1 During the term of a lease, the Lessee Authority will conduct such surveillance activities and inspections as it considers necessary to verify that a leased aircraft is operated and maintained in accordance with the applicable standards of airworthiness/operating requirements, design-related operational requirements and associated requirements, and with the terms and conditions of the lease authorization. 2 -25

1 - The Safety Aspects and Implications of leasing Arrangements • Example of MOU: A/B – 11. 0 - Surveillance and inspection (continued) • 11. 2 On the request of the Lessor Authority and for reasonable cause, the Lessee Authority will – (a) perform an inspection of the lessee operator on the leased aircraft, and/or – (b) permit the Lessor Authority to enter the State of the Lessee Authority for the purpose of inspecting a lessee operator or a leased aircraft and will assist the Lessor Authority in the performance of the inspection. 2 -26

1 - The Safety Aspects and Implications of leasing Arrangements • Remark – The existence of bilateral agreement is a practical convenience but does not affect the Chicago Convention – The Chicago Convention will be affected only when: § Article 83 bis comes into force Transfer of certain functions and duties 2 -27

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Article 83 bis: Transfer of certain functions and duties a) Notwithstanding the provisions of Articles 12, 30, 31 and 32(a) when an aircraft registered in a contracting State is operated pursuant to an agreement for lease, charter or interchange of the aircraft or any similar arrangement by an operator who has its principal place of business, or if it has no such place of business , his permanent residence in another contracting State, the State of registry may, by agreement with such other Sate, transfer to it all or part of its functions and duties as State of registry in respect of that aircraft under Article 12, 31 and 32 a). The State of registry will be relieved of responsibility in respect of the functions and duties transferred

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Article 83 bis: Transfer of certain functions and duties b) The transfer shall not have effect in respect of other contracting States before either the agreement between States in which it is embodied has been registered with the Council and made public pursuant to Article 83 or the existence and scope of the agreement have been directly communicated to the authorities of the other contracting State or States concerned by a State party to the agreement c) The provisions of paragraphs (a) and (b) above shall be applicable to cases covered by article 77 (Joint operating organisations permitted)

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • The Convention has therefore been amended in order to relieve the State of Registry of its responsibility with respect to : – Article 12: Rules of the air – Article 30: Radio licensing – Article 31: Certificate of airworthiness – Article 32 (a): Licensing Note : All or part of the duties and functions may be transferred 2 -30

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Types of commercial transaction applicable – Dry lease – Wet lease when aircraft is operated under the Air Operator Certificate (AOC) of the lessee (very rare) Cambodian examples! 2 -31

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Functions and duties which may be transferred with respect of a dry leased aircraft – Annex 1: Issue and validation of licenses – Annex 2: Rules of the air – Annex 6: Operation of aircraft § Maintenance § Operating Performance Limitations – Annex 8: Airworthiness of aircraft § Continued airworthiness § Temporary loss of airworthiness 2 -32 § Aircraft limitations and information

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Transferred responsibilities (part or all of the duties included in the Annexes 1, 6 and 8) – Mandatory continuing airworthiness – Operation of an aircraft in compliance with its AFM – Operators maintenance responsibility (Approval of the Operator Maintenance Control Manual) – Maintenance Manual Approval, records – Continuing airworthiness information – Modifications and repairs (where approved by state of manufacturer) – Approval of maintenance organisation – Renewal of the Certificate of Airworthiness – Validation of the crew licences 2 -33

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Conditions to transfer duties and functions – Legislation of the State of Registry must enable it to divest themselves of the functions and duties which are the object of the agreement – State of Operator will ensure that its legislation will apply to a foreign-registered aircraft subject to a transfer agreement. – The article 83’s bis principle should have been entered into both legislation 2 -34

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Conditions to transfer duties and functions – Bilateral Agreement where functions and duties transferred have to be mentioned Note: in absence of such mention, they are deemed to remain with the S of R – The aircraft concerned should be clearly identified (Aircraft type and Registration number) – Duration of agreement to be the same as the duration of lease arrangement 2 -35

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Recognition of the authority of the State of Operator – State other than States parties to the bilateral agreement Two conditions: § Third-state must have ratified Article 83 bis § They have been officially informed of the transfer § Two options for information (done by S of R) ü Registration of their agreement with the Council of ICAO, and the Council then formally informed other States that are parties of Article 83 bis (Article 83) üDirect communication (in the case of short-term such direct communication arrangement could save time) 2 -36

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Recognition of the authority of the State of Operator by another State other than States parties to the bilateral agreement is through: 2 -37 – the carriage of a certified true copy of the transfer agreement and the AOC – In case of non recognition by a State on the authority of the S of O, when entering its airspace, the certificates and licenses of the S of the O must be validated by the S of R

4 - The Bilateral Agreement under Article 83 bis • Record of 83 bis Bilateral Agreement xxxxxxx 2 -38 – Reg. No. 4629 • Title of the Agreement and its Subject Agreement for the Transfer of Operational and Technical Surveillance Duties from the State of Registry to the State of Operator

4 - The Bilateral Agreement under Article 83 bis • Record of 83 bis Bilateral Agreement – Reg. No. 4629 (cont ’d) xxxxxxx Signatories and Contracting *Iceland Parties Italy (* = registering party) Place and Date of Signature (unspecified) 14/10/02 Date of Entry into Force 14/10/02 Duration 15/10/03 Language(s) English Date of Registration 19/11/02

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Record of 83 bis Bilateral Agreement – Reg. No. 4629 (cont ’d) Aircraft Affected by this Agreement xxxxxxx Aircraft Type Registration ID Serial No From Date Boeing 737 -300 TF-SUN 23535 -15/10/03 * ICAO Annexes Affected by this Agreement Annex No Title of Annex 1 2 -40 Personnel Licensing 2 Rules of the Air 6 Operation of aircraft 8 Airworthiness of Aircraft

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Non-recognition of the authority of State of Operator – State is not party to the bilateral agreement or – States which have not been duly informed about such a bilateral agreement 2 -41

2 -The Legal Instrument of Article 83 bis of the Chicago Convention • Information about bilateral agreement – States have to be duly informed of the authorities in charge of inspections • The best way is that a certified true copy is carried on board during the period of the transfer agreement together with a certified true copy of the Air Operator Certificate. 2 -42

3 -The prerequisites to the transfer of duties and functions • Transfer to the State of Operator is feasible when: – Article 83 bis been ratified – The State of Registry “trust” the State of Operator’s capability to meet ICAO Standard And Recommended Practices (SARPs) where generally an airworthiness bilateral agreement has already been signed or through USOAP or IASA reports and any other information (SAFA) – Transfer all or part of duties and functions depending of the USOAP audits results – Dual responsibility must be avoided 2 -43

4 - The Bilateral Agreement under Article 83 bis • Scope of 83 bis Bilateral Agreement – The following items should be included • Types of aircraft delegated and Operator identification • Duration of agreement xxxxxxx • Schedule of aircraft (by type, registration and serial number) • Term of leasing arrangement (where applicable) • Details of transferred responsibilities • Flight crew licenses • Rules of the Air • Operations and Airworthiness * Attachment 1: List of aircraft affected by the agreement * Attachment 2: Detailed sharing of responsibilities between States 2 -44

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement: Annex 2 - Rules of the air – Article – 12: Rules of the air: Each contracting State shall ensure that every aircraft flying over or manoeuvring within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight manoeuvre of aircraft there in force – The S of O will endorse this responsibilities on behalf of the S of R (much more convenient in this type of situation) 2 -45

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement: Annex 2 - Rules of the air – Annex 2: the rules of the air specified in the Annex 2 shall apply. . to the extend that they do not conflict with the rules published by the State having jurisdiction over the territory over flown. 2 -46

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement: Annex 2 - Rules of the air Table of contents - Applicability of the rules of the air - General rules : Protection of persons and property, Avoidance of collision, Flight plans, Signals, Time, ATS, Unlawful interference, Interception, VMC visibility - Visual flight rules - Instrumental flight rules - Appendix: Signals, Interception of civil aircraft, Table of cruising levels, Unmanned free balloons - Attachment: Interception of civil aircraft and unlawful interference 2 -47

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement: Annex 1 - Personnel licensing – Article 30: radio licence: the S of R must issue a radio licence to it aircraft, and the crew using these radio apparatus must be appropriately licensed by the S of R – Article 32 a): the pilot of every aircraft and the other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competencies and licences issued or rendered valid by the State in which the aircraft is registered 2 -48

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement: Annex 1 – Personnel Licensing – For both articles (30 & 32 a) the S of O could take the responsibilities (all or part of) on behalf the S of R : in this case it will permit the S of R not to validate all the various licences because due to the transfer, the S of R has no more responsibilities in these areas) 2 -49

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement: Article 31 - Certificate of airworthiness – All the following items come from the Annexes 6 and 8 and are normally under the responsibility of the State of Registry, an article 83 bis agreement allows the State of Registry to transfer to the State of Operator all or part of these items 2 -50

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement -Airworthiness – Operation of aircraft in conformity with its Certificate of Airworthiness: the S of R shall take precautions to ensure that the general level of safety imposed by these provisions is maintained under all expected operating conditions (Annex 6: chapter 5. 2. 4) State of Registry 2 -51 State of Operator Undertakes the S of R responsibility as defined in Chapter 5. 2 of Annex 6 part I (aeroplane performance operating limitations)

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement - Airworthiness – Operator maintenance responsibilities Annex 6 Part I para 8 -2 the S of R must approve the operator’s maintenance control manual State of Registry The S of O Approval is acceptable for the S of R, it transfers its responsibilities and even may not want to have a copy of the Operator’s Maintenance control manual 2 -52 State of Operator Approves operator’s maintenance control manual

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement Airworthiness – Annex 6 Part I para 8 -6 the S of R must approve the modifications and repairs manual State of Registry The S of R may transfer this responsibility 2 -53 State of Operator Approves the modifications and repair

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement Airworthiness – Annex 6 Part I par. 8 -3 the S of R must approve the aircraft maintenance programme State of Registry The S of R may transfer this responsibility 2 -54 State of Operator Approves this maintenance programme

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement - Airworthiness – Maintenance records Annex 6, Part I para 8 -4 State of Registry Will inspect maintenance records (for example when renewing C of A) 2 -55 State of Operator Ensures that records are kept in accordance with Annex 6 chapter 8. 4

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement - Airworthiness • Continuing Airworthiness information Annex 6, Part I par. 8 -5 and Annex 8 Part II par. 4. 3. 5 – Annex 6 part I par 8. 5. 1: the operator for aeroplane more than 5. 7 t. . shall transmit info on faults, malfunctions, defects and other occurrences that cause or might cause adverse effects on the continuous airworthiness of the aircraft to the organisation responsible for the type design – The S of R shall ensure that such a reporting system exists (see Annex 8 Part II par 4. 3. 5) it could be difficult for it (especially when the aircraft is operated far from the country so the So. R could transfer this duty) 2 -56

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement - Airworthiness • Continuing Airworthiness information Annex 6, Part I para 8 -5 – 8. 5. 2: the operator of an aeroplane more than 5, 7 t, shall obtain continuing airworthiness information from the type design organisation and shall implement resulting actions considered as necessary in accordance with a procedure acceptable by the State of Registry, again this situation could be difficult to manage for the S of R because the Operator is controlled by the S of O In this case the S of R could transfer this responsibility to the S of O 2 -57

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement - Airworthiness – Continuing Airworthiness information Annex 6, Part I par. 8 -5 and Annex 8 Part II par. 4. 3. 5 State of Registry Will advise S of O of its requirements (type of reporting system) and will transfer its responsibilities 2 -58 State of Operator Ensures that those requirements are compiled in MCM and will assume the S of R responsibilities

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement - Airworthiness – Continuing Airworthiness determination Annex 8 Part II par. 4. 2 State of Registry Develop continuing airworthiness requirements and provide the S of O and the operator 2 -59 State of Operator Ensures that those requirements are complied with and will assume the S of R responsibilities (par. 4. 2. 1 a) and b) )

4 - The Bilateral Agreement under Article 83 bis • Respective responsibilities of each party to an 83 bis Bilateral Agreement - Airworthiness – Approved maintenance organisation Annex 6, Part I, para 8 -7 (see also 8 -1 -2 the repair station must be accepted by the S of R) State of Registry It may transfer its responsibilities (it will not approve the maintenance organisation) 2 -60 State of Operator Must approve the maintenance organisation under Annex 6 arrangements, ( including line maintenance arrangements) Must approve the Maintenance Organisation's procedures manual

4 - The Bilateral Agreement under Article 83 bis • Dry lease – Cross-border States’ responsibilities LESSOR LESSEE State of registry State of the operator AIRCRAFT Certificate of Airworthiness (Cof. A) FLIGHT CREW Validation of licences Maintenance arrangements Recruitment & licensing Recruitment & training CABIN CREW 2 -61 TECHNICAL AUTHORIZATION AOC issuance COMMERCIAL AUTHORIZATION Commercial permit issuance

4 - The Bilateral Agreement under Article 83 bis • Wet lease – Cross-border States’ responsibilities LESSOR LESSEE State of registry State of the operator 1 State of the operator 2 AIRCRAFT Cof. A & maintenance arrangements Some maintenance arrangements FLIGHT CREW Recruitment and issuance of licences May give training CABIN CREW Recruitment and training May give training TECHNICAL AUTHORIZATION COMMERCIAL AUTHORIZATION 2 -62 AOC issuance May include a reference in its AOC Commercial permit issuance

4 - The Bilateral Agreement under Article 83 bis • Damp lease – Cross-border States’ responsibilities CASE 1 LESSOR LESSEE State of registry State of the operator 2 State of the operator 1 AIRCRAFT Cof. A & maintenance arrangements FLIGHT CREW Recruitment and issuance of licences CABIN CREW Training TECHNICAL AUTHORIZATION AOC issuance COMMERCIAL AUTHORIZATION 2 -63 Recruitment Commercial permit issuance

4 - The Bilateral Agreement under Article 83 bis • Damp lease – Cross-border States’ responsibilities CASE 2 2 -64 LESSOR LESSEE State of registry State of the operator 1 State of the operator 2 AIRCRAFT Cof. A & maintenance arrangements FLIGHT CREW Validation of licences CABIN CREW Recruitment and training TECHNICAL AUTHORIZATION AOC issuance COMMERCIAL AUTHORIZATION Commercial permit issuance

4 - The Bilateral Agreement under Article 83 bis • Dry lease – Cross-border States’ responsibilities Article 83 bis LESSOR LESSEE State of registry State of the operator Transfer AIRCRAFT Validation certificate of airworthiness FLIGHT CREW Validation of licences CABIN CREW 2 -65 Maintenance arrangements Recruitment and training TECHNICAL AUTHORIZATION AOC issuance COMMERCIAL AUTHORIZATION Commercial permit issuance

4 - The Bilateral Agreement under Article 83 bis • Wet lease – Cross-border States’ responsibilities Article 83 bis LESSOR LESSEE State of registry State of the operator 2 State of the operator 1 Case very rare AIRCRAFT Certificate of Airworthiness Maintenance arrangements FLIGHT CREW Recruitment and issuance of licences Licences validation and training CABIN CREW Recruitment Training AOC issuance May include a reference in its AOC TECHNICAL AUTHORIZATION 2 -66 Transfer COMMERCIAL AUTHORIZATION Commercial permit issuance

4 - The Bilateral Agreement under Article 83 bis • Example : CAA of VIETNAM/DCA of SEYCHELLES – Before Article 83 bis becoming effective § June 6, 1996: signed a letter of agreement on the operation of 10 leased A 320 s Bermudian registered and operate by Vietnam Airlines § After entry into force of the Article 83 bis § September 23, 1999: signed a letter of agreement on the application of Article 83 bis to the operation of 3 Seychellesregistered leased aircraft 2 -67

4 - The Bilateral Agreement under Article 83 bis • Example : CAA of VIETNAM/DCA of SEYCHELLES – Responsibilities transferred from Seychelles to Vietnam § Supervision of operations § Supervision of maintenance 2 -68

4 - The Bilateral Agreement under Article 83 bis • Example : CAA of VIETNAM/DCA of SEYCHELLES – Retained by Seychelles • Operated in compliance with Vietnam regulations except some items on: • Notification of accident or incident; approval of modifications and repairs; compliance with ADs; engine, equipment and airframe maintenance; maintenance schedule deviations; compliance with AFM; renewal of C of A; approval of controlling maintenance organisation; approval of MEL; deviation from MEL; ETOPS; RVSM; MNPS; Crew licenses and competencies with respect to non-Vietnamese national. 2 -69

4 - The Bilateral Agreement under Article 83 bis • Example : CAA of VIETNAM / DCA of SEYCHELLES – Letter of Agreement based of the fact: • DCA Seychelles and CAA Vietnam have ratified Article 83 bis • CAA Vietnam has promulgated regulations on aircraft operations and maintenance (SARPs requirements are met) • CAA Vietnam: capability of ensuring application of aviation safety regulations • Vietnam Airlines: capability of safely and efficiently operating and maintaining aircraft through technical agreements 2 -70

4 - The Bilateral Agreement under Article 83 bis ARTICLE 83 bis implementation • Article 83 bis has recently come into effect (today 130 States have ratified it) • 32 agreements under article 83 bis have been signed and registered at ICAO (1 March 2004) • Article 83 bis implementation raises some new questions that are not yet answered (how to renew a foreign C of A? ) • All countries have not yet adopted it into their regulations 2 -71

4 - The Bilateral Agreement under Article 83 bis ARTICLE 83 bis implementation • Article 83 bis has already resulted in several countries strengthening their policy for delegating to other Authorities – Some countries already impose additional controls or checks before delegating their functions and/or responsibilities to other countries (Bermuda, France, Ireland, …) – Most countries are defining their implementation policy ( USA, …) 2 -72

4 - The Bilateral Agreement under Article 83 bis GENERAL CONCLUSIONS • Each leasing operations must be scrutinized with extreme care • Consequences of each contractual clause on safety oversight must be studied (legal aspects!) • An Authority shall not hesitate to ask complementary information and reject any transaction that does not offer full warranty 2 -73

GLOSSARY • A/C: Aircraft • AD: Airworthiness Directive • AFM: Airplane Flight Manual • AOC: Air Operator Certificate • AOM: Airline operations Manual • CAA: Civil Aviation Authority • C of A: Certificate of Airworthiness • DCA: Director of Civil Aviation • DER: Designated Engineering • • • Representative ECAC: European Civil Aviation Conference ETOPS: Extended range for Twin engined aircraft OPeration. S MCM: Maintenance Control Manual • • • MEL: Minimum equipment List MME: Maintenance Management Exposition Mo. U: Memorandum of Understanding PIRGs: Planning and Implementation Regional Groups RNP: Required Navigation Performance RVSM: Reduction of Vertical Separation Minimum SB: Service Bulletin S of O: State of Operator S of R: State of Registry SRM: Structure Repair Manual

• End of module IV