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Law No. 40 Of 27 May 1996 Ratification Of The Protocol Amending The Convention On International Civil Aviation, Signed At Montreal On 6 October 1980 (Article 83 Bis)

Original Language Title:  LEGE nr. 40 din 27 mai 1996 pentru ratificarea Protocolului referitor la amendarea Convenţiei privind aviaţia civilă internaţionala, semnat la Montreal la 6 octombrie 1980 (articolul 83 bis)

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LEGE No. 40 of May 27, 1996 for the ratification of the Protocol on the amendment of the Convention on International Civil Aviation, signed in Montreal on 6 October 1980 (Article 83 bis)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 112 of 31 May 1996



The Romanian Parliament adopts this law + Article UNIC The Protocol on the amendment of the Convention on International Civil Aviation, signed in Montreal on 6 October 1980 (Article 83 bis), is hereby ratified. This law was adopted by the Senate at its meeting on February 7, 1996, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT ION SOLCANU This law was adopted by the Chamber of Deputies at its meeting on May 13, 1996, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE PROTOCOL on the amendment of the Convention on International Civil Aviation, signed in Montreal on 6 October 1980 (Article 83 bis) *) ------------- Note * *) Translation. Assembly of the International Civil Aviation Organization reunited in its 23rd Session, in Montreal on 6 October 1980, taking note of resolutions A21-22 and A22-28 on the conclusion, use in charter and alternative systems of aircraft in international operation, taking note of the draft amendment to the Convention on International Civil Aviation, prepared by the 23rd Session of the Legal Committee, Taking note of the general desire of the Contracting States to allow the transfer of certain functions and obligations from the State of registration to the State of the aircraft operator in the case of rental, use in charter or alternatively or in the case of any similar arrangements in relation to such an aircraft, considering that it is necessary to amend, for the above mentioned purpose, the Convention on International Civil Aviation, concluded in Chicago on 7 December 1944, 1. Approve, in accordance with the provisions of art. 94 94 a) of the convention referred to above, the following amendment proposed to be brought to the Convention: Insert, after Article 83, Article 83 bis: "" ARTICLE 83 BIS Transfer of certain functions and obligations a) Independent the provisions of art. 12 12, 30, 31 and 32 a), if an aircraft registered in a Contracting State is operated on the basis of a lease agreement, use in charter or alternative system or any similar arrangement, by an operator who has the principal place of business or, failing that, permanent residence in another Contracting State, the State of registration may, by agreement with that other State, transfer to it, in whole or in part, its functions and obligations which I come back as a state of registration of that aircraft, in accordance with art. 12 12, 30, 31 and 32 a). The State of registration will be relieved of responsibility in relation to the functions and obligations transferred. b) The transfer will not be valid with regard to other contracting states, before the agreement between the states, through which the transfer is materialized, has been registered with the Council and published according to art. 83 83 or before the existence and contents of the Agreement have been communicated directly to the authorities of another State or to the Contracting States concerned by a State Party to the Agreement. c) The provisions of paragraphs a) and b) above shall also apply in the cases referred to in art. 77 77. " 2. Specify, in accordance with the provisions of art. 94 94 a) of the said convention, the figure ninety-eight in number of the Contracting States, the ratification of which is necessary for the entry into force of the abovementioned amendment, and 3. Decide that the Secretary-General of the International Civil Aviation Organization should draw up a protocol in English, French, Russian and Spanish, each having the same validity, including the amendment proposed above, as well as the following Problems: a) The Protocol will be signed by the President of the Assembly and its Secretary-General. b) The Protocol will be open for ratification by any State which has ratified or acceded to the Convention on International Civil Aviation. c) The instruments of ratification will be submitted to the International Civil Aviation Organization. d) The protocol will enter into force, for the states that have ratified it, on the date of the deposit of the ninety-eighth instrument of ratification. e) The Secretary-General shall immediately notify all Contracting States of the date of submission of each instrument of ratification of the Protocol. f) The Secretary-General shall immediately notify all States Parties to the Convention, the date on which the Protocol enters into force. g) The Protocol will enter into force, with regard to any Contracting State ratifying the Protocol after the date mentioned above, after that State has deposited its instruments of ratification with the International Civil Aviation Organization. Accordingly, in accordance with the above decision of the Assembly, this protocol was drawn up by the Secretary-General of the Organization. For which, the President and Secretary-General of the 23rd Session of the Assembly of the International Civil Aviation Organization, being authorized in this regard by the Assembly, shall sign this protocol. Concluded in Montreal on 6 October 1980, in a single copy, in English, French, Russian and Spanish, each of the texts having the same validity. This protocol will remain stored in the archives of the International Civil Aviation Organization and certified copies for compliance will be transmitted by the Secretary-General of the Organization to all States Parties to the Convention on international civil aviation, concluded in Chicago on 7 December 1944. R. S. Nyaga, President of the 23rd Assembly Session Yves Lambert, general secretary ---------------