Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Section 4
THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION
HAVING MET in its Twenty - third Session at Montreal on 6 October 1980,
HAVING NOTED Resolutions A21 - 22 and A22 - 28 on lease, charter and interchange of aircraft in international operations,
HAVING NOTED the draft amendment to the Convention on International Civil Aviation prepared by the 23rd Session of the Legal Committee,
HAVING NOTED that it is the general desire of Contracting States to make a provision for the transfer of certain functions and duties from the State of registry to the State of the operator of the aircraft in the case of lease, charter or interchange or any similar arrangements with respect to such aircraft,
HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,
1. APPROVES, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:
Insert after Article 83 the following new Article 83 bis :
"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 the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business or, if he has no such place of business, his permanent residence in another contracting State, the State of registry may, by agreement with such other State, transfer to it all or part of its functions and duties as State of registry in respect of that aircraft under Articles 12, 30, 31 and 32(a). The State of registry shall be relieved of responsibility in respect of the functions and duties transferred.
(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 also be applicable to cases covered by Article 77.",
2. SPECIFIES, pursuant to the provisions of the said Article 94 (a) of the said Convention, ninety - eight as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and
3. RESOLVES that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above - mentioned and the matter hereinafter appearing:
a) The Protocol shall be signed by the President of the Assembly and its Secretary General.
b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.
c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.
d) The protocol shall come into force in respect of the States which have ratified it on the date on which the ninety - eighth instrument of ratification is so deposited.
e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of the Protocol.
f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force.
g) With respect to any Contracting State ratifying the Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.
CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,
This Protocol has been drawn up by the Secretary General of the Organization.
IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty - third Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.
DONE at Montreal on the sixth day of October of the year one thousand nine hundred and eighty, in a single document in the English, French, Russian, and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.