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)

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070776/-lege-nr.-40-din-27-mai-1996-pentru-ratificarea-protocolului-referitor-la-amendarea-conveniei-privind-aviaia-civil-internaionala%252c-semnat-la-montreal.html

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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) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 112 of 31 May 1996 the Romanian Parliament adopts this law.


The sole article Shall ratify the Protocol amending the Convention on international civil aviation, signed at Montreal on 6 October 1980 (article 83 bis).
This law was adopted by the Senate at its meeting on 7 February 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CHAIRMAN ION SADANI this law was adopted by the Chamber of deputies at its meeting on 13 May 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE PROTOCOL amending the Convention on international civil aviation, signed at Montreal on 6 October 1980 (article 83 bis) *) — — — — — — — — — — — — — * Note) version.

The Assembly of the International Civil Aviation Organization, reunited in its 23rd session at Montreal on 6 October 1980, taking note of resolutions A21-22 and A22-28 concerning the conclusion of the charter system, and some alternative aircraft in operation, noting the draft amendment of the Convention on international civil aviation, prepared by the 23rd session of the legal Committee taking note of the desire of the General Contracting States to allow the transfer of certain functions and obligations of the State of registration of the aircraft operator in case of lease, charter use times any alternative or similar arrangements in relation to such aircraft, believing that it is necessary to amend, for the purpose of the above mentioned , The Convention on international civil aviation, done at Chicago on 7 December 1944, 1. Approve, in accordance with the provisions of art. 94 of the Convention) the aforesaid, the following proposed amendment to be brought to the Convention: to insert, after article 83 article 83 bis: "ARTICLE 83 BIS transfer of certain functions and obligations of) Notwithstanding the provisions of article 4. 12, 30, 31 and 32), where an aircraft registered in a Contracting State is operated under a tenancy agreement, using the charter or alternately fold arrangement, by an operator who has his principal place of business or, failing that, the permanent residence in another Contracting State, the State of registration may, by agreement with that other Member State to transfer in whole or in part, its functions and obligations incumbent on it as a State of registry of that aircraft, in accordance with article 5. 12, 30, 31 and 32). The State of registration shall be issued to all liability in respect of the functions and duties transferred.
  

b) transfer will not be valid in respect of other Contracting States before the agreement between States, through which it is expressed to be the transfer was registered by the Council and published in accordance with art. 83, or before the existence and contents of the agreement to be notified directly to the authorities of another Contracting State or 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 article 1. 77. "2. Specify, in accordance with the provisions of art. 94 a), of the Convention, the ninety-eight figure as the number of Contracting States, whose ratification is necessary for entry into force of the amendment mentioned above, and 3. Decides that the Secretary-General of the International Civil Aviation Organization to draw up a protocol in English, French, Russian and Spanish, each having the same validity, including the amendment proposed above, and the following problems: a) Protocol will be signed by the President and by the Secretary general.
  

b) Protocol will be open to ratification by any State which has ratified or acceded to the Convention on international civil aviation.
  

c) the instruments of ratification shall be deposited with the International Civil Aviation Organization.
  

d) Protocol will enter into force for those States which have ratified it, on the date of the ninety-eighth instrument of ratification.
  

e) the Secretary general shall notify forthwith all Contracting States, the date of deposit of each instrument of ratification of the Protocol.
  

f) the Secretary general shall notify immediately all States that are parties to the Convention, the date on which the Protocol enters into force.
  

g) Protocol will enter into force, in respect to any Contracting State ratifying the Protocol after the date aforesaid, after that State has deposited its instruments of ratification with the International Civil Aviation Organization.
  

In consequence, in accordance with the above decision 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 23 session of the Assembly of the International Civil Aviation Organization, being authorized to this effect by the Assembly, sign this protocol.
Done at Montreal on 6 October 1980, in a single copy in English, French, Russian and Spanish languages, each of the same texts. This protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies shall be transmitted to the Secretary-General of the Organization to all States that are parties to the Convention on international civil aviation, done at Chicago on 7 December 1944.
R. s. Nyaga, Chairman of the 23rd session of the Assembly, Yves Lambert, Secretary general-— — — — — — — — — — — — — —