scope:

GENERAL

Note 1.- Although the Convention on International Civil Aviation allocates to the State of Registry certain functions which that State is entitled to discharge, or obligated to discharge, as the case may be, the Assembly recognized, in Resolution A23-13 that the State of Registry may be unable to fulfil its responsibilities adequately in instances where aircraft are leased, chartered or interchanged - in particular without crew - by an operator of another State and that the Convention may not adequately specify the rights and obligations of the State of an operator in such instances until such time as Article 83 bis of the Convention enters into force. Accordingly, the Council urged that if, in the above-mentioned instances, the State of Registry finds itself unable to discharge adequately the functions allocated to it by the Convention, it delegate to the State of the Operator, subject to acceptance by the latter State, those functions of the State of Registry that can more adequately be discharged by the State of the Operator. It was understood that pending entry into force of Article 83 bis of the Convention the foregoing action would only be a matter of practical convenience and would not affect either the provisions of the Chicago Convention prescribing the duties of the State of Registry or any third State. However, as Article 83 bis of the Convention entered into force on 20 June 1997, such transfer agreements will have effect in respect of Contracting States which have ratified the related Protocol (Doc 9318) upon fulfilment of the conditions established in Article 83 bis.

Note 2.- In the case of international operations effected jointly with helicopters not all of which are registered in the same Contracting State, nothing in this Part of the Annex prevents the States concerned entering into an agreement for the joint exercise of the functions placed upon the State of Registry by the provisions of the relevant Annexes.