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PROTOCOL RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, SIGNED AT MONTREAL, ON 6 OCTOBER 1980
(ARTICLE 83BIS)
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 contract-
ing 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.
R.S. Nyaga Yves Lambert
President of the 23rd Session Secretary General
of the Assembly
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