No. 24 of 2003. The Eastern Caribbean Civil Aviation 1 ANTIGUA
Agreement Act, 2003. AND
BARBUDA
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
27th January, 2004.
ANTIGUA AND BARBUDA
No. 24 of 2003
AN ACT to provide for the implementation of the Agreement
establishing the Eastern Caribbean Civil Aviation Authority
and other matters incidental thereto.
[ 5th February, 2004 ]
ENACTED by the Parliament of Antigua and Barbuda as
follows -
1. This Act may be cited as the Eastern Caribbean Civil short title.
Aviation Agreement Act, 2003.
2. In this Act - Interpretation.
"Agreement" means-the Agreement establishing the
Eastern Caribbean Civil Aviation Authority made on 2 1st
day of October, 2003, the text of which is set out in the
Schedule and to which Antigua and Barbuda is a party;
"the Authority" means the Eastern Caribbean Civil
Aviation Authority established by the Agreement.
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Acceptance of the 3. The Government of Antigua and Barbuda hereby enters
Agreement. into, adopts and adheres to the Agreement.
Agreement to 4. (1) This Agreement has the force of law in Antigua and
have the force of Barbuda.
law.
(2) The Minister may by Order published in the Gazette
appoint the date on which this Act comes into force.
Financial 5. Any moneys required to be paid to the Authority by
provisions. Antigua and Barbuda under the Agreement shall be paid out of
moneys provided for the purpose by Parliament.
Implementation 6. (1) Where an amendment of the Agreement becomes
of mmdments to effective in accordance with Article 23 of the Agreement the
the Agreement. Minister shall by Order published in the Gazette amend the
Schedule to this Act for the purpose of including the amendment.
(2) Whcre an Order is made pursuant to subsection (1) to
give effect to an amendment to the Agreement, any reference
in this Act or any other enactment or any instrument having
effect under any other enactment shall, unless the context
otherwise requires, be construed as a reference to the Agreement
as so amended.
SCHEDULE
1. Title.
2. Interpretation.
3. Establishment of Authority.
4. Purpose of the Authority.
5. Powers of the Authority.
6. General Obligations.
7. Offices of the Authority.
8. Address and service of documents.
9. /custody and use of common seal.
10. Board of Directors of the Eastern Caribbean Civil Aviation Authority.
1 1. Functions of the Board
12. Vacation and removal &om office of Director.
13. Meetings of the Board.
14. Regulating the Business of the Authority.
15. Committees of the Authority.
16. Delegation.
17. Funding.
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Agreement Act, 2003. AND
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1 8. Financial Year.
19. Accounts.
20. Auditors and Audit
2 1. Annual Report.
22. Cooperation with other Civil Aviation Authorities.
23. Amendments.
24. Disputes.
25. Immunities and Privileges.
26. Signatories.
27. Ratifications.
28. Entry into force.
29. Accession.
AGREEMENT ESTABLISHING THE EASTERN CARIBBEAN CIVIL
AVIATION AUTHORITY
PREAMBLE
An Agreement made on the 21st day of October, 2003 between the
Governments of Antigua and Barbuda, The Commonwealth of Dominica, Grenada,
Saint Christopher and Nevis, Saint Lucia, and Saint Vincent and the Grenadines
(hereinafter referred to as "the Participating States").
WHEREAS it is desirable to promote aviation by establishing an autonomous
regional regulatory organization for the purpose of regulating civil aviation and
fostering competitiveness in the aviation industry in the Eastern Caribbean and
for harmonising the application of the standards and recommended practices
adoptedby the International Civil Aviation Organisation (ICAO) and to the extent
practicable with neighbouring Caribbean States.
PRELIMINARY
ARTICLE 1
Title
This Agreement may be cited as the Eastern Caribbean Civil Aviation Authority
Agreement 2003.
ARTICLE 2
Interpretation
In this Agreement -
'The Act" means the Eastern Caribbean Civil Aviation Authority Act;
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"The Authority" means the Eastern Caribbean Civil Aviation Authority
(ECCAA) established under Article 3;
"Civil Aviation Document" means any licence, permit, accreditation,
certificate or other document issued by the Director General under this
Agreement with respect to any person or in respect of any aeronautical
product of the Participating States;
"Council of Ministers" means the Ministers responsible for Civil Aviation
in the Participating States;
"Director" means a member of the Board of Directors constituted under
Article 11;
"ICAO means International Civil Aviation Organization;
"Minister" means the Minister responsible for the regulation of Civil
Aviation.
"OECS" means Organization of Eastern Caribbean States established under
the Treaty of Basseterre, 198 1;
"Participating State" means a State which is a party to this Agreement;
"The Authority of Heads of Government" means the Authority established
under Article 5 of Treaty establishing the Organization of Eastern Caribbean
States;
"Upper airspace" means the airspace above flight level 245 (24,500ft) of
the Participating States.
ARTICLE 3
Establishment of Authority
There shall be established a body to be known as the Eastern Caribbean Civil
Aviation Authority (ECCAA), which shall be a body corporate, having a perpetual
succession.
ARTICLE 4
Purposes of the Authority
The purposes of the Authority are -
(a) to regulate matters relating to civil aviation, safety and security in the
Participating States;
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(b) to develop and seek approval for harmoniseQcivi1 aviation regulations,
policies and practices to be adopted by Participating States and, apply
the Standards and Recommended Practices adopted by the ICAO
uniformly within the Participating States;
(c) to establish and maintain a regulatory environment that promotes
safety and efficiency in the civil aviation industry of the Participating
States;
(d) to create a secure environment for the civil aviation industry in the
Eastern Caribbean;
(e) to promote and provide training and other services and programmes
necessary for the progressive development of civil aviation in
Participating States;
to provide technical and specialised civil aviation services to
Participating States including but not limited to telecommunications
for the purpose of advancing civil aviation in the Eastern Caribbean;
(a) to undertake and coordinate such studies as may be necessary for
ensuring the sustained development of civil aviation in Participating
States;
(h) to collaborate with national, regional and international agencies and
organizations in furtherance of the development of international civil
aviation in Participating States.
ARTICLE 5
Powers of the Authority
For ,the attainment of its purposes the Authority may -
(a) enter into contracts and incur obligations;
(6) acquire, hold, transfer, mortgage and dispose of property of any
description;
(c) sue and subject to Article 25 of this Agreement be sued in its own
name;
(d) manage and control budgeted funds;
(e) borrow funds within and outside the Participating States;
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#) recommend the making and adoption of regulations to each
Participating State;
(@ issue civil aviation documents in accordance with the Act;
(h) recommend to Participating States, d e s , regulations and Aviation
Standards;
(i) enforce existing rules, regulations and aviation standards and, impose
administrative fines and penalties for violations of the rules, 3
regulations and Aviation Standards;
) require the payment of fees;
fi) regulate civil aviation in the Participating States on behalf of and in
collaboration with Participating States;
(I) do all such other things as are required or incidental to the attainment
of its purposes.
ARTICLE 6
General Obligations
The Participating States agree to take appropriate measures, including the
enactment of a regulatory framework to enable the proper fhctioning of the
Eastern Caribbean Civil Aviation Authority.
ARTICLE 7
Offices of the Authority
(1) The Eastern Caribbean Civil Aviation Authority shall have its principal
office in one of b e Participating States.
(2) The principal office shall for the time being be located in Antigua and
Barbuda.
(3) The Authority may establish such other offices in other Participating States
as may be required.
ARTICLE 8
Address and service of documents
(1) The Authority shall, at all times, have a f ~ e d address in one of the
Participating States for the service of documents on the Authority.
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(2) All documents to be served on the Authority may be served by leaving the
same at or sending the same by registered post to the fmed address of the Authority.
(3) The address for service of documents on the Authority shall be published
in the OfJicial Gazette of the Participating States.
ARTICLE 9
Custody and use of Common Seal
(1) The Authority shall have a Common Seal.
(2) The Authority shall provide for the safe custody of the Common Seal of
the Authority.
(3) The Common Seal of the Authority shall be affmed to instruments pursuant
to a resolution of the Authority and by and in the presence of -
(a) the Chairperson or, in his absence, the Deputy Chairperson; and
(3) one other member of the Board or the Secretary.
(4) All documents made by the Authority other than those required by law to
be under Seal and all decisions of the Authority, may be signified under the hand
of the Chairperson, the Deputy Chairperson, Director General or the Secretary.
ARTICLE 10
Board of Directors of the Eastern Caribbean Civil Aviation Authority
(1) The powers of the ECCAA shall, subject to the powers of the Authority of
Heads of Government, be vested in a Board of Directors.
(2) There shall be a Director General who shall be appointed by the Authority
of Heads of Government for a period not exceeding five years and shall be eligible
for re-appointment.
(3) The Director General shall serve as the Chief Executive Officer of the
Authority to be in charge of and responsible to the Board for the implementation
of the policy and day-to-day administration and management of the Authority.
(4) The Board of Directors shall comprise of -
(a) one Director appointed by each of the Participating States for a term
of three years and shall be eligible for re-appointment at the expiration
of such term;
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(b) the Director General who shall be an ex-oficio member with no voting
rights.
(5) A Director appointed to fill a vacancy shall hold office for the un-expired
term of his predecessor.
(6) The persons appointed to serve on the Board by the Participating States
shall be persons of recognised standing and experience in aviation matters or in
any one of the following areas -
(a) law;
(b) accountancy;
(c) commerce and industry;
(d) economics.
(7) The Directors shall elect a chairperson and a deputy chairperson for such
period as they may determine.
(8) The Directors shall be paid such allowance for attendance at meetings as
may be determined by the Authority of Heads of Government on the
recommendation by the Board.
(9) The appointment of all Directors, including the chairperson and termination
of any such appointment shall be published in the Official Gazette of the
Participating States.
ARTICLE 11
Functions of the Board
The functions of the Board shall include -
(a) approval of annual work plans and budgets of the ECCAA;
(b) approval of appointments for senior management;
(c) approval of borrowing and lending.
The Council of Ministers may allocate additional functions to the Board.
ARTICLE 12
Vacation and removal from office of Directors
(1) The Office of a Director is vacated -
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(a) upon the death of the Director;
(3) if the Director is adjudged bankrupt;
(c) if the Director is absent from three consecutive meetings of the Board
without its permission or reasonable excuse;
(d) if the Director is certified by a Medical Board or Tribunal or declared
by a court of competent jurisdiction to be mentally or physically
incapable of performing the duties of a Director;
(e) if the Director is convicted of fraud or any other offence involving
dishonesty;
&I at anytime by the Director resigning from office by letter sent to the
Chairperson and copied to the Secretary of the Board.
(2) The Government of a Participating State may by notice in writing remove
from office the Director appointed by that Government.
(3) The Board may act notwithstanding a vacancy among its members or any
disability affecting the Director.
ARTICLE 13
Meetings of the Board
(1) The Board shall meet as often as the Business of the ECCAA requires for
the performance of its duties and, in any event at least twice per year, and such
meetings shall be held at such places, times and days as the Board may determine.
Fourteen days notice shall be given to each Director for regular meetings of the
Board.
(2) The Chairperson of the Board nlay at anytime call a special meeting of the
Board to be held within seven days of the receipt of the written request for that
purpose addressed to the Chairperson by not less than four Directors.
(3) At any meeting of the Board -
(a) the Chairperson of the Board shall preside;
(b) if the Chairperson is not present, the Deputy Chairperson shall preside.
(4) The quorum for a meeting of the Board is two third of the members of the
Participating States.
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(5) Every question for decision at a meeting of the Board shall be determined
by a majority of votes of the members present and, in the event that the voting is
equally divided, the Chairperson shall have a casting vote.
(6) A Director is deemed to be present at a meeting of the Board or of a
committee if the Director participates by telephone or other electronic means and
all Directors participating in the meeting are able to hear each other.
(7) A resolution in writing signed by all the Directors entitled to receive notice
of a meeting of the Board or of a committee of the Board shall be valid and
effectual as if it has been passed in a meeting of the Board, or as the case may be,
a committee of the Board duly convened and held and may consist of several
documents in the like form each signed by one or more Directors.
(8) Minutes of each meeting of the Board shall be kept and shall be confirmed
by the Directors as soon as practicable at a subsequent meeting.
ARTICLE 14
Regulating the Business of the Authority
(1) The Authority shall administer and regulate its affairs in a manner that will
promote the objects and purposes of the Act.
(2) The Authority may develop procedures to govern its internal processes.
ARTICLE 15
Committees of the Authority
(1) The Board may, in the exercise of its functions establish committees and
may refer to such committees any matter for consideration, inquiry or management
by the Authority.
(2) The Board may appoint a person to be a member of the committee whether
that person is a member of the Board or not, and may appoint a member of the
committee to be the chairperson.
(3) A committee established under this Article may elect one of its members to
be the chairperson, except where a Director of the Board is a member of the
committee that Director shall be the chairperson and where there are more than
one Director on the committee the Board shall appoint the chairperson.
(4) Any appointment under paragraph (2) may be withdrawn or revoked by
the Board at anyhme and no such withdrawal shall prevent the Board fiom
appointing any other person to replace the person withdrawn.
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(5) Meetings of the committee shall be held at such times and places as the
committee may direct or as the chairperson of that committee may determine.
(6) Each committee shall regulate its own procedure and keep a minute book
of its meetings and submit a written report to the Board after completing the
assignment of the referred matter.
ARTICLE 16
Delegation
(1) The Board may delegate any of its duties, other than its power to delegate
under this Article to any officer of the Board, or any public officer in a Participating
State or a committee established under Article 15.
(2) The Board may revoke any delegation made under paragraph (1) and the
revocation of any delegation does not preclude the exercise by the Board of any
of its duties so delegated.
ARTICLE 17
Funding
The Authority shall be hnded by -
(a) the payment to the Authority of any fees or other charges in relation
to -
(i) application to the Authority for the issue, renewal, amendment
or endorsement of any civil aviation document;
(ii) use of facilities or services provided for or in respect of any
aircraft;
(iii) any duties exercised by the Authority or by a committee
established by the Authority;
(iv) services provided to airports;
(v) any matter for which provision is made under the Act;
(vi) use of enroute facilities by aircraft in the upper airspace;
(6) such sums of money or such other assets as may accrue or vest in the
Authority from time to time, whether in the course of the exercise of
its duties or otherwise; and
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(c) such sums as may be paid to the Authority from time to time by a
Participating State.
ARTICLE 18
Financial Year
(1) The financial year of the Authority shall be agreed by the Board.
(2) The Budget of the Authority shall be approved by the Council of Ministers
on the recommendation of the Board.
(3) Where any deficit arises in the operations of the Authority or is budgeted
for in the Estimates of the expenditure of the Authority, the Participating States
shall provide a subvention to the Authority to meet the deficits in such proportion
as may be dehrmined by the Ministers of Finance of the Participating States.
ARTICLE 19
Accounts
(1) The Authority shall keep proper accounts and records of its transactions.
(2) The Authority shall, as soon as practicable after the end of each financial
year, prepare a statement of the accounts of the Authority for the financial year,
including an income and expenditure account and a balance sheet.
ARTICLE 20
Auditors and Audit
(1) The Board shall appoint auditors.
(2) The Authority shall, as soon as practicable after the end of each financial
year, submit the statement of accounts prepared for the year under Article 19 to
the Auditors for auditing.
(3) The auditors shall prepare a report on the accounts and send the report to
the Board, who shall, as soon as practicable after its receipt, send a copy of the
report and a copy of the statement of accounts to the Ministers with responsibility
for civil aviation.
(4) The auditors shall include in the report -
(a) a statement whether, in their opinion, the income and expenditure
account for the financial year to which the report relates gives a true
and fair view of the Authority's income and expenditure;
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(b) a statement whether, in their opinion, the balance sheet of the financial
year gives a true and fair view of the Authority's financial affairs at
the end of that financial year.
(5) An auditor appointed by the Board has a right of access at all reasonable
times to the books, accounts, vouchers and other records of the Authority and is
entitled to require from officers of the Authority such information and explanations
as he considers necessary for the performance of his duties as auditor.
ARTICLE 21
Annual Report
(1) The Authority shall, not later than three months after the end of each financial
year of the Authority, prepare and submit a report on its activities during the
financial year to the Ministers with responsibility for civil aviation of the
Participating States.
(2) The Ministers with responsibility for civil aviation of the Participating
States may, at any time, request the Authority, to provide it with information
concerning any matter relating to the activities of the Authority and the Authority
shall provide the information requested.
ARTICLE 22
Cooperation with other Civil Aviation Authorities
(1) The Authority may cooperate with other Civil Aviation authorities and
may participate in any scheme or arrangement with other regional or international
civil aviation authorities to cany out the purposes of the Authority.
(2) The Authority may cooperate in the work of national or regional or
international organizations in the enforcement of civil aviation regulations and
other regulations affecting security at airports.
ARTICLE 23
Amendments
An amendment to the Agreement may be proposed to the Authority of Heads
of Government by any Participating Government and shall be effective when it is
agreed to by all the Participating States and each participating State deposits with
the Director General of the Organization of the Eastern Caribbean States (OECS)
an instrument stating that it has accepted the amendment in accordance with its
laws and has taken all steps necessary to make it effective in its State.
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ARTICLE 24
Disputes
(1) Any dispute between the Participating States concerning this Agreement
or between the Authority and the Participating States shall be submitted to
arbitration by a tribunal of arbitrators appointed pursuant to paragraph (2) -
(a) if the dispute is between two parties, each party shall be entitled to
appoint one arbitrator, and the two parties shall together appoint a
third arbitrator, who shall be the chairperson of the tribunal;
(b) if the dispute is between three parties or more, each party shall be
entitled to appoint one arbitrator and all the parties shall together
appoint an additional arbitrator, who shall be the chairperson of the
tribunal.
(2) If, within thirty days of receipt of the request for arbitration, any party has
not appointed an arbitrator or within hrty days of the appointment of the arbitrators
the parties have not appointed the third arbitrator or, as the case may be the
additional arbitrator, any party to the dispute may request the Chief Justice of the
Eastern Caribbean States Supreme Court, or such other person or authority as
may be prescribed by the Authority of Heads of Government of the OECS to
make the required appointment.
(3) The procedure of the tribunal shall be fixed by the arbitrators, but the
chairperson of the tribunal shall have full power to settle all questions of procedure
in any case of disagreement with respect thereto.
(4) A majority vote of the arbitrators shall be suficient to reach a decision
which shall be final and binding upon the parties.
(5) The Chairperson of the tribunal shall be entitled to vote, and in the event
that the voting is equally divided, the chairperson shall have a casting vote.
Article 25
Immunities and Privileges
(1) In the performance of its functions under this Agreement, the status,
immunities and privileges set forth in this Article shall be accorded to the Authority
in the territory of each Participating State.
(2) The Authority, its property and its assets, wherever located and by
whomsoever held, shall enjoy immunity from every form ofjudicial process except
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to the extent that it expressly waives its immunity for the purpose of any
proceedings by the terms of any contract.
(3) Property and assets of the Authority shall be immune from search,
requisition, confiscation, expropriation or any other form of seizure.
(4) The archives of the Authority shall be inviolable.
(5) To the extent necessary to carry out the provisions of this Agreement, all
property and assets of the Authority shall be free from restrictions, regulations,
control and moratoria of any nature.
(6) The Official communications of the Authority shall be accorded by each
Participating State the same treatment as the ofiicial communication of other
Participating States.
(7) The Authority, officers and employees of the Authority -
(a) shall be immune from legal process with respect to acts performed by
them in their official capacity except when such immunity is waived
by the Authority;
(b) not being a national, shall be granted the same immunities from
immigration restrictions, alien registration requirement and national
service obligations and the same facilities as regards exchanges
restrictions as are accorded by Participating States to the
representatives, officials and employees of comparable rank of the
Participating States;
(c) shall be granted the same treatment in respect of travel facilities as is
accorded by Participating States to representatives, officials and
employees of comparable rank of other Participating States.
@)(a) The Authority, the assets, property, income and business of the
Authority is immune from all taxation and from all customs duties,
service charges and levies in respect of goods acquired by, or service
rendered to it for its own use.
(21) No taxes shall be levied on or in respect of salaries or emoluments,
including pensions and gratuities paid by the Authority to the
Directors, officers and employees of the Authority.
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ARTICLE 26
Signatories
This Agreement shall be open for signature by any Participating State.
ARTICLE 27
Ratification
This Agreement shall be subject to ratification by the Signatory Participating
States in accordance with their respective constitutional procedures. Instruments
of Ratification shall be deposited with the Director General of the OECS who
shall transmit certified copies to each Participating State.
ARTICLE 28
Entry into Force
This Agreement shall enter into force upon the deposit of four Instruments of
Ratification.
ARTICLE 29
Accession
(1) After the entry into force of this Agreement any State within the Caribbean
which is not a signatory to this Agreement may, with the approval of the
Participating States become a Member State of the Authority by accession to this
Agreement.
(2) Any such state shall deposit an Instrument of Accession with the Director
General of the Organization of the Eastern Caribbean States (OECS) which shall
notify such deposits and the date thereof to the other Participating States to the
Agreement.
IN WITNESS WHEREOF the representatives of the Participating States being
duly authorized in their behalf, have signed this Agreement.
DONE AT Grenada this 21st day of October, 2003.
Signed by Hon. Robin Yearwood
For the Government of Antigua and Barbuda
Signed by Hon. Reginald Austrie
For the Government of the Commonwealth of Dominica
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Signed by Hon. Brenda Hood
For the Government of Grenada
Signed by Hon. Halva Hendrickson
For the Government of Saint Christopher and Nevis
Signed by Cosmos Richardson
For the Government of Saint Lucia
Signed by Hon. Vincent Beache
For the Government of Saint Vincent and the Grenadines
Passed the House of Representatives this Passed the Senate this 1 lth day
25th day of November, 2003. of Decembex, 2003.
B. Harris,
Speaker.
M. Percival,
Resident.
S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.
Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer
- By Authority, 2003.
800-2.04 [Price $6.801 '
