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Doc 10059 Corrigendum No. 1 13/4/18 ENGLISH ONLY MANUAL ON THE IMPLEMENTATION OF ARTICLE 83 bis OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION FIRST EDITION 2018 CORRIGENDUM NO. 1 Please replace existing pages 4-1 and 5-1 with the attached new pages bearing the notation Corr. 1. Record the entry of this corrigendum on page iii.
Manual on the implementation of Article 83 bis 4-2 of the Convention on International Civil Aviation 4.4 AGREEMENT CONTENT 4.4.1 Details of the type, size and number of aircraft that are to be subject to the agreement should be clearly identified. The nationality and registration marks and serial number of individual aircraft must be part of the agreement registered with ICAO in accordance with the procedure given in Chapter 6 and must also be recorded in the one-page summary of the agreement the Agreement Summary see paragraph 4.8 and Chapter 5. 4.4.2 The agreement should include the State of Registrys right to conduct inspections or audits of the State of the Operator/PLG, as deemed necessary, to ensure that the State of the Operator/PLG is fulfilling its safety oversight obligations as transferred under the agreement. The State of Registry should also be permitted access to the State of the Operator/PLGs basic safety documentation regarding the operators concerned. 4.4.3 The agreement must comprehensively record which responsibilities, duties and functions are transferred and describe the arrangements for regular meetings between the State of Registry and the State of the Operator/PLG to ensure effective liaison and communication of safety information, particularly where duties and functions in Annexes 6 and 8 are closely aligned. An example of such a record is given in Appendix C. Further guidance on the scope of the liaison between the State of Registry and the State of the Operator/PLG is given in Chapter 7. 4.4.4 Guidance on the transfer of airworthiness-related duties and functions may be found in the Airworthiness Manual Doc 9760. Authorities of the States concerned should give special consideration to the objectives of continuing airworthiness and to the transfer of information as required in Annex 6, Part I, Chapter 8, 8.3 to 8.8 and in Annex 8, Part II, Chapter 4. Additional guidance regarding operational surveillance may be found in the Manual of Procedures for Operations Inspection, Certification and Continued Surveillance Doc 8335. 4.4.5 For the duration of the agreement, the State of the Operator should inform the State of Registry prior to an aircraft becoming the subject of a sub-lease, i.e. wet-lease operations conducted under its AOC, if there is any intent to delegate the authority for some oversight functions to a third State as State of the sub-lessee. The bilateral delegation of authority for the functions and duties by the State of the Operator to a third State is to be subject to the express permission of the State of Registry. 4.4.6 The agreement should specify the airworthiness basis on which the aircraft will return to the full responsibility of the State of Registry on termination of the agreement see Chapter 10. 4.4.7 All agreements should be reviewed periodically and updated as necessary. 4.5 AUTHORITY TO ENTER INTO AGREEMENTS 4.5.1 The level of authority for signing Article 83 bis agreements should be equivalent to that required for administrative agreements between aeronautical authorities. Accordingly, the authority for signing such agreements on behalf of the State should be at the level of Director General of the respective civil aviation authorities. 4.5.2 Given the need of the aviation industry for swift implementation of Article 83 bis agreements and also considering the administrative nature of such agreements, lengthy processes for endorsement of individual agreements by national parliaments should be avoided. This could be achieved through appropriate legislation providing full authority to the Director General of the civil aviation authority to sign Article 83 bis agreements on behalf of the State, without requiring any further parliamentary vetting process.
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Doc 10059. Manual on the implementation of Article 83 bis of the Convention on International Civil AviationAnnex 6. Part 1. Edition 12. Operation of Aircraft. Part I. International Commercial Air Transport. AeroplanesDoc 8335. Edition 6. Manual of Procedures for Operations Inspection, Certification and Continued SurveillanceDoc 9760. Edition 4. Airworthiness ManualВСЕ ДОКУМЕНТЫALL DOCUMENTSDoc 10059
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