PROTOCOLBETWEEN THE CIVIL AVIATION DIRECTORATE OF THE REPUBLIC OF SERBIA AND THE CIVIL AVIATION AUTHORITY OF THE REPUBLIC OF SAN MARINO ON THE TRANSFER OF REGULATORY OVERSIGHT FUNCTIONS AND DUTIES IN THE IMPLEMENTATION OF ARTICLE 83 BIS OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION("Off. Herald of RS - Treaties", No. 4/2014) |
WHEREAS the Protocol relating to Article 83 bis of the Convention on International Civil Aviation (Chigaco, 1944) (hereinafter referred to as "the Convention") to which the Republic of Serbia and the Republic of San Marino are parties, entered into force on 20 June 1997;
WHEREAS Article 83 bis, with a view to enhancing safety, provides for the possibility of transferring to the State of the Operater all or part of the State of Registry’s functions and duties pertaining to the Articles 12, 30, 31 and 32a) of the Convention;
WHEREAS, in line with ICAO Doc 9760, and in light of ICAO Doc 8335, Chapter 10, it is neccesary to establish precisely the international obligations and responsibilities of the Civil Aviation Authority of the Republic of San Marino (State of the Registry) and the Civil Aviation Directorate of the Republic of Serbia (State of the Operator), in accordance with the Convention;
WHEREAS, with reference to the relevant Annexes to the Convention, this Protocol organizes the transfer from the Civil Aviation Authority of the Republic of San Marino to the Civil Aviation Directorate of the Republic of Serbia of the functions and duties normally carried out by the State of Registry, as set out in paragraph 3 below;
The Civil Aviation Directorate of the Republic of Serbia, Bulevar dr Zorana Djindjica 144, Belgrade, Serbia (hereinafter referred to as "Civil Aviation Directorate")
and
the Civil Aviation Authority of the Republic of San Marino, Via Consiglio dei Sessanta, 99
47891 Dogana, San Marino (hereinafter referred to as "Civil Aviation Authority")
further in the text referred to as "the Parties" based on Articles 33 and 83 bis of the Convention have agreed as follows: on behalf of their respective Governments:
1. In pursuance of the Convention and its laws, the Civil Aviation Authority shall be relieved of responsibility in respect of the functions and duties transferred to the Civil Aviation Directorate upon due publication or notification of this Protocol, as determined in paragraph b) of Article 83 bis.
2. The scope of this Protocol shall be limited to aircraft on the Register of civil aircraft of the Republic of San Marino and operated under leasing arrangement by the operator, whose principal place of business is in the Republic of Serbia.
Lessor. Registered owner or operator of the aircraft.
Lessee. Operator under the AOC by which the leased aircraft is operated.
The list of the aircraft concerned, identified by the type, registration number and serial number is reproduced in the attached Schedule 1.
Transferred functions and duties
3. Under this Protocol, the Parties agree that the Civil Aviation Authority transfer to the Civil Aviation Directorate the following functions and duties, including oversight and control of relevant items contained in the respective Annexes to the Convention:
Annex 2 - Rules of the Air.
Enforcement of compliancе with applicable rules and regulations relating to the flight and maneuver of aircraft.
Annex 6 - Operation of Aircraft, Part I - International Commercial Air Transport-Aeroplanes.
Functions and duties that are normally incumbent upon the State of Registry. Functions and duties that are normally incumbent on the State of the Operator need not be transferred. Where functions and duties in Annex 6, Part I may conflict functions and duties in Annex 8 -Airworthiness of Aircraft, allocation of specific responsibilities is defined in the attached Schedule 2.
Annex 8 - Airworthiness of Aircraft.
Under this Protocol, while the lessor Authority will retain responsibility under the Convention for the regulatory oversight and control of the aircraft registered in accordance with Annex 8 -Airworthiness of Aircraft, the functions and duties of the maintenance surveillance of leased aircraft, operated under the AOC of the Lessee, is hereby transferred to the Lessee Authority including the functions and duties in accordance with Annex 8, Part II, 3.4. Aircraft limitations and information, 3.5. Temporary loss of airworthiness, and Chapter 4, Continuing Airworthiness of Aircraft.
Schedule 2 hereunder lays down the responsibilities of the Parties related to the safety oversight for commercial operations.
4. Responsibility for notifying directly any States concerned of the existence and contents of this Protocol pursuant to Article 83 bis rests with the Civil Aviation Directorate. This Protocol, as well as any amendments to it, will also be registered with ICAO by the Civil Aviation Directorate or the Civil Aviation Authority as required by Article 83 of the Convention, and in accordance with the Rules for Registration with ICAO of Aeronautical Agreements and Arrangements (ICAO Doc 6685).
5. A certified true copy of this Protocol shall be placed on board each aircraft to which this Protocol applies. A certified true copy of AOC issued to Lessor and Lessee by the Civil Aviation Directorate, in which the aircraft concerned will be duly listed and properly identified, will be carried on board each aircraft.
6. Meetings between the Civil Aviation Directorate and the Civil Aviation Authority will be arranged, as necessary, to discuss both operational and airworthiness matters resulting from inspections that have been conducted by the respective inspectors. These meetings may take place at the respective authorities‘ offices. The following subjects may be reviewed during these meetings:
- Flight operations;
- Continuing airworthiness and aircraft maintenance;
- Operator’s control manual procedure, as applicable;
- Any other significant matters arising from inspections.
7. Each Party shall ensure that the other Party is kept informed of all applicable standards of airworthiness, operating requirements, design-related operational requirements and associated requirements of its State and will consult the other Party on any proposed changes thereto to the extent that they may affect the implementation of this Protocol. Subject to reasonable notice, Civil Aviation Authority will be permitted access to Civil Aviation Directorate documentation concerning the operator in order to verify that Civil Aviation Directorate is fulfilling its safety oversight obligations as transferred from Civil Aviation Authority. During the implementation of this Protocol, and prior to any aircraft subject to it being made the object of a sub-lease, Civil Aviation Directorate, remaining the Aviation Authority of the State of the Operator, shall inform Civil Aviation Authority. None of the duties and functions transferred from Civil Aviation Authority to Civil Aviation Directorate may be carried out under the authority of a third State without the express written agreement of Civil Aviation Authority. Any disagreement concerning the interpretation or application of this Protocol shall be resolved by consultation between the Parties.
Each Party shall render such assistance as may reasonable be required by the other Party in carrying out inspections, investigations and other functions in respect of the leased aircraft.
8. This Protocol will enter into force on its date of signature and come to an end for aircraft listed in Schedule 1 at the completion of the respective leasing arrangements under which they are operated. The Parties shall agree in writing to any modification of this Protocol.
This Protocol is accepted and signed by:
|
For the Civil Aviation Directorate |
For the Civil Aviation Authority |
Attachments:
Schedule 1 - Aircraft affected by this Protocol
Schedule 2 - Responsibilities of the Parties
related to Safety Oversight for Commercial Operations
AIRCRAFT AFFECTED BY THIS PROTOCOL
|
Aircraft Type |
Registration Mark |
Serial Number |
Operator |
|
FALCON 900 |
T7-MJB |
028 |
EAGLE EXPRESS D.O.O |
RESPONSIBILITIES OF THE PARTIES RELATED TO AIRWORTHINESS SAFETY OVERSIGHT FOR COMMERCIAL OPERATIONS
|
ICAO Doc. |
Subject |
Responsibilities of the Civil Aviation Authority |
Responsibilities of the Civil Aviation Directorate |
|
Annex 1, Para 1.2.2 |
Licencing of Flight Crew and Aircraft Maintenance Engineers |
Validations of licences issued by an ICAO Member State. |
None |
|
Annex 6, Part I, Para 5.2.4 |
Operation of aircraft in compliance with its Certificate of Airworthiness (C of A) |
None |
Assume State of Registry’s responsibility as defined in Annex 6, Part I, Para. 5.2.4 |
|
Annex 6, Part I, Para 6.1.3 |
Operator’s Minimum Equipment List (MEL) |
None |
Approve the MEL in accordance with Master MEL (MMEL) approved by the State of Design. |
|
Annex 6, Part I, Para 8.1 |
Operator‘s maintenance responsibilities |
None |
Ensure that the responsibilities are contained in the Operator’s MCM |
|
Annex 6, Part I, Paras 8.2.1 to 8.2.4 |
Operator‘s Maintenance Control Manual (MCM) |
None. |
Ensure that guidance is contained in the MCM, approve the MCM, and transmit copy to the Civil Aviation Authority |
|
Annex 6, Part 1, Para 8.3 |
Maintenance Programme |
Maintenance Program Approval |
Ensure that duties and responsibilities are duly provided in MCM |
|
Annex 6, Part I, Paras 8.4.1 to 8.4.3 |
Maintenance Records |
Review and inspect maintenance records and documents during the Certificate of Airworthiness renewal. |
Ensure that records are kept in accordance with Paras 8.4.1 to 8.4.3 and inspect in accordance with the requirements of the Air Operator Certificate (AOC). |
|
Annex 6, Part I, Paras 8.5.1 and 8.5.2 |
Continuing Airworthiness Information |
Ensure that Civil Aviation Authority airworthiness requirements are known to the operator and the Civil Aviation Directorate. |
Ensure that airworthiness requirements of the Civil Aviation Authority and the Civil Aviation Directorate are complied with, and adequate procedures are incorporated in the MCM. |
|
Annex 6, Part I, 8.6; Doc 9760, Volume II, Part B, Chapter 10, Appendix A |
Modifications and repairs |
Ensure that modifications and repairs are approved by the State of Manufacture/Design in accordance with Civil Aviation Authority requirements and corresponding documents issued. |
Ensure that the requirements are contained in the MCM. |
|
Annex 6, Part I, Para 8.7 and 8.8 |
Approved maintenance organization and maintenance release |
Approval of the Operator’s base maintenance organization and procedures for Para 8.7.and 8.8 and communication to Civil Aviation Directorate of related procedures to be included in the MCM |
Approval of the Operator’s line maintenance arrangements away from main base. Ensure that the procedures are contained in the Operator’s MCM |
|
Annex 8, Part II, Chapter 4; Doc 9760, Volume II, Part B, Chapter 8 |
Mandatory continuing airworthiness information |
Ensure that all mandatory continuing airworthiness information are transmitted to Civil Aviation Directorate and the operator. |
Ensure that the operator complies with mandatory continuing airworthiness information transmitted by the Civil Aviation Authority. |