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| Protocol related Articles |
Article 3 |
Civil and state aircraft |
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a) |
This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft. | |||
b) |
Aircraft used in military, customs and police services shall be deemed to be state aircraft. | |||
c) |
No state aircraft of a contracting State shall fly over the special agreement or otherwise, and in accordance with the terms thereof. | |||
d) |
The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft. | |||
The 25th (Extraordinary) Session of the Assembly on 10 May 1984 amended the Convention by adopting the Protocol introducing Article 3 bis. This amendment came into force on 1 October 1998. |
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Article 3 bis |
a) |
The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of a persons on board and the safety of aircraft must not be personnes endangered. This provision shall not be interpreted as modifying in any way the rights and obligations of States set forth in the Charter of the United Nations. |
LEG ANS |
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b) |
The contracting States recognize that every State, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority or if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this Convention; it may also give such aircraft any other instructions to put an end to such violations. For this purpose, the contracting States may resort to any appropriate means consistent with relevant rules of international law, including the relevant provisions of this Convention, specifically paragraph a) of this Article. Each contracting State agrees to publish its regulations in force regarding the interception of civil aircraft. |
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c) |
Every civil aircraft shall comply with an order given in conformity with paragraph b) of this Article. To this end each contracting State shall establish all necessary provisions in its national laws or regulations to make such compliance mandatory for any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State. Each contracting State shall make any violation of such applicable laws or regulations punishable by severe penalties and shall submit the case to its competent authorities in accordance with its laws or regulations. |
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d) |
Each contracting State shall take appropriate measures to prohibit the deliberate use of any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State for any purpose inconsistent with the aims of this Convention. This provision shall not affect paragraph a) or paragraphs b) and c) of this Article. |
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Article 12 |
Rules of the air |
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Each contracting State undertakes to adopt measures to insure that every aircraft flying over or maneuvering 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 and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.
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PEL/OPS LEG/AIR ANS |
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Article 15 |
Airport and similar charges |
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Every airport in a contracting State which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation. |
ANS AGA |
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Any charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports and air navigation facilities by the aircraft of any other contracting State shall not be higher, |
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a)
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As to aircraft not engaged in scheduled international air services, than those that would be paid by national aircraft of the same class engaged in similar operations, and | |||
b) |
As to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services. | |||
All such charges shall be published and communicated to the International Civil Aviation Organization, provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make installations recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon. |
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Article 16 |
Search of aircraft |
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The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention. |
LEG/ANS |
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Article 19 |
National laws governing registration |
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The registration or transfer of registration of aircraft in any contracting
State shall be made in accordance with its laws and
regulations.
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AIR |
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Article 20 |
Display of marks |
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Every aircraft engaged in international air navigation shall
bear its appropriate nationality and registration marks.
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AIR |
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Article 25 |
Aircraft in distress |
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Each contracting State undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide such measures of assistance as may be necessitated by the circumstances. Each contracting State, when undertaking search for missing aircraft, will collaborate in coordinated measures which may be recommended from time to time pursuant to this Convention.
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ANS |
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Article 28 |
Air navigation facilities and systems |
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| Each contracting State undertakes, so far as it may find practicable, to: | ||||
a) |
Provide, in its territory, airports, radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention; |
ANS AGA |
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b) |
Adopt and put into operation the appropriate standard systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established from time to time, pursuant to this Convention; |
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c) |
Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention. |
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Article 29 |
Documents carried in aircraft |
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Every aircraft of a contracting State, engaged in international navigation, shall carry the following documents in conformity with the conditions prescribed in this Convention: |
LEG AIR ANS |
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a) |
Its certificate of registration; | |||
b) |
Its certificate of airworthiness; |
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c) |
The appropriate licenses for each member of the crew; |
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d) |
Its journey log book; |
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e) |
If it is equipped with radio apparatus, the aircraft radio station license; |
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f) |
If it carries passengers, a list of their names and places of embarkation and destination; |
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g) |
If it carries cargo, a manifest and detailed declarations of the cargo. |
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Article 32 |
Licenses of personnel |
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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 competency and licenses issued or rendered valid by the State in which the aircraft is registered. |
ANS
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b) |
Each contracting State reserves the right to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to any of its nationals by another contracting State. |
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Article 33 |
Recognition of certificates and licenses |
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Certificates of airworthiness and certificates of competency and iicenses issued or rendered valid by the contracting State in which the aircraft is registered, shall be recognized as valid by the other contracting States, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention.
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PEL ANS |
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Article 34 |
Journey log books |
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There shall be maintained in respect of every aircraft engaged in international navigation a journey log book in which shall be entered particulars of the aircraft, its crew and of each journey, in such form as may be prescribed from time to time pursuant to this Convention.
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LEG/ANS |
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Article 37 |
Adoption of international standards and procedures |
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Each contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. |
LEG PEL OPS AIR ANS AGA AIG |
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To this end the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with: |
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a) |
Communications systems and air navigation aids, including ground marking; |
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b) |
Characteristics of airports and landing areas; |
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c) |
Rules of the air and air traffic control practices; |
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d) |
Licensing of operating and mechanical personnel; |
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e) |
Airworthiness of aircraft; |
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f) |
Registration and identification of aircraft; |
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g) |
Collection and exchange of meteorological information; |
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h) |
Log books; |
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i) |
Aeronautical maps and charts; |
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j) |
Customs and immigration procedures; |
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k) |
Aircraft in distress and investigation of accidents; |
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and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate. |
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Article 38 |
Departures from international starldards and procedures |
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Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or more features of an international standard and the corresponding national practice of that State.
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PEL/OPS LEG/ANS AGA/AIG AIR |
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Article 39 |
Endorsement of certificates and licenses |
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a) |
Any aircraft or part thereof with respect to which there exists an international standard of airworthiness or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed. |
PEL ANS |
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b) |
Any person holding a license who does not satisfy in full the conditions laid down in the international standard relating to the class of license or certificate which he holds shall have endorsed on or attached to his license a complete enumeration of the particulars in which hedoes not satisfy such conditions. |
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Article 40 |
Validity of endorsed certificates and licenses |
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No aircraft or personnel having certificates or licenses so
endorsed shall participate in international navigation, except
with the permission of the State or States whose territory is
entered. The registration or use of any such aircraft, or of any
certificated aircraft part, in any State other than that in which
it was originally certificated shall be at the discretion of the
State into which the aircraft or part is imported.
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PEL |
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Article 83 bis |
Transfer of certain functions and duties |
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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. |
LEG AIR ANS |
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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. |
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c) |
The provisions of paragraphs a) and b) above shall also be applicable to cases covered by Article 77. |
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