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RS 0.748.213.11 Multilateral Agreement of 22 April 1960 on Certificates of Airworthiness of Imported Aircraft

Original Language Title: RS 0.748.213.11 Accord multilatéral du 22 avril 1960 relatif aux certificats de navigabilité des aéronefs importés

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0.748.213.11

Original text

Multilateral Agreement on Aircraft Airworthiness Certificates

Conclu in Paris on 22 April 1960
Approved by the Federal Assembly on 21 June 1961 1
Entered into force for Switzerland on 20 October 1961

The signatory States to this Agreement,

Whereas the Convention on International Civil Aviation, signed at Chicago on 7 December 1944 2 , contains certain provisions concerning airworthiness certificates,

Whereas there is, nevertheless, no multilateral agreement on the issue and validation of the certificates of airworthiness of aircraft imported from one State to another, and

Whereas it is desirable to conclude such arrangements in respect of aircraft,

Agreed to the following:

Art. 1

This Agreement shall apply only to civil aircraft constructed in the territory of one of the Contracting States and imported from one of the Contracting States into another, provided that such aircraft

A.
Have been constructed in accordance with the applicable legislation, regulations and specifications of airworthiness of the State of the manufacturer;
B.
Comply with applicable minimum standards of airworthiness adopted under the provisions of the Convention on International Civil Aviation 1 ;
C.
May meet the specifications of the operating regulations of the State of import; and
D.
Meet any other special conditions notified in accordance with the provisions of Art. 4 of this Agreement.

Art. 2

1. If a Contracting State receives an application for a certificate of airworthiness in respect of an aircraft imported or in the course of importation into its territory and intended to be subsequently registered by it, it shall, subject to the other provisions of the Agreement, namely:

A.
Validate the airworthiness certificate in force of the said aircraft, or
B.
Issue a new certificate.

2. However, if that State chooses to issue a new certificate, it may, pending the issuance of that certificate, validate the certificate in force for a period not exceeding six months or not exceeding the remaining period of validity of the certificate. Run from the current certificate if the certificate is less than six months.

Art. 3

Any request for the issuance or validation of a certificate of airworthiness that falls within the scope of the provisions of s. 2 shall be accompanied by the documents specified in the list set out in the Annex to this Agreement.

Art. 4

Any Contracting State which is seized of an application under the provisions of Art. 2 of this Agreement may make the validation of the certificate subject to any special conditions notified to all Contracting States and applicable at the time of application for the issue of its own certificates of airworthiness. The exercise of this right must be the subject of prior consultation:

A.
With the State which provided the aircraft in question the applicable certificate of airworthiness; and
B.
At the request of that State, also with the State on whose territory the aircraft was built.
Art. 5

(1) Each Contracting State shall reserve the right to defer the issue or validation of a certificate of airworthiness in the case of an aircraft imported or in the course of importation into its territory:

A.
If it appears that the said aircraft has been maintained under conditions less than those provided for by the standards of maintenance normally accepted by the said aircraft;
B.
If it appears that the said aircraft has characteristics that are unacceptable to it;
C.
If it appears that the said aircraft does not comply with the conditions laid down by the applicable legislation, regulations and specifications of airworthiness of the State in whose territory the aircraft was built; or
D.
If the said aircraft falls within the category covered by the provisions of Art. 1, para. C of this Agreement and shall not at that time meet the specifications of the operating regulations of the importing State.

2. In the cases referred to in paragraphs a, b and c of subs. 1 above, each Contracting State may also refuse the issue or validation of a certificate of airworthiness after consultation with the State which supplied the certificate of airworthiness in force and, at the request of that State, also With the State on whose territory the aircraft was built.

Art. 6

Any Contracting State which validates a certificate of airworthiness under the provisions of Article 2 of this Agreement shall, at the expiration of the period of that validity, either revalidate the certificate in force under conditions compatible with Those that it applies to the renewal of its own certificates, or issue a new certificate. Nevertheless, the said State may, before proceeding with that formality, consult the State in whose territory the aircraft was constructed or any Contracting State having previously registered the aircraft.

Art. 7

Each Contracting State shall, as far as possible, keep the other Contracting States fully aware of its legislation, regulations and airworthiness specifications, including operating regulations As well as any amendments to which such legislation, regulations and specifications may be subject from time to time. It shall also, on the request of a Contracting State which intends to avail itself of the provisions of Art. 2 of this Agreement, provide, to the extent practicable, detailed information on the legislation, regulations and airworthiness specifications that have been used as the basis for the issuance or validation of a certificate of airworthiness.

Art. 8

A Contracting State in whose territory an aircraft is exported to another Contracting State which subsequently supplies to that aircraft, in accordance with the provisions of Art. 2 of this Agreement, a valid certificate of airworthiness shall:

A.
Communicate to all Contracting States detailed information on compulsory modifications and inspections which may at any time be prescribed for this type of aircraft; and
B.
To provide, as far as possible, to any Contracting State that requests it, information and opinions on:
1.
The conditions under which the certificate of airworthiness was originally issued for that aircraft; and
2.
Any significant repair that cannot be performed using repair plans in the maintenance manual for this type of aircraft, or by mounting spare parts.
Art.

The procedure to be followed for the application of the provisions of this Agreement may be the subject of direct communication between the competent authorities responsible in each of the Contracting States for the grant and validation of certificates of Airworthiness. For the purposes of this Agreement, the decision of a Contracting State on the interpretation or application of its own legislation and its own regulations and airworthiness specifications shall be without appeal and shall prevail for the other Contracting States.

Art. 10

This Agreement shall be open for signature by the Member States of the European Commission for Civil Aviation.

2. It shall be subject to ratification by the signatory States or to their approval under their constitutional procedures.

3. Instruments of ratification shall be deposited with the International Civil Aviation Organization.

Art. 11

1. When this Agreement brings together the ratifications of two signatory States, it shall enter into force between those States on the thirtieth day following the date of the deposit of the second instrument of ratification. In respect of each State which subsequently ratifies it, it shall enter into force on the thirtieth day following the date of the deposit of its instrument of ratification.

2. Upon entry into force, this Agreement shall be registered with the United Nations by the Secretary-General of the International Civil Aviation Organization.

Art. 12

This Agreement shall remain open for signature within six months of its entry into force. It then remains open to the accession of any non-signatory state of the European Commission for Civil Aviation. Two years after its initial entry into force, it is also open to the accession of the member states of the International Civil Aviation Organisation which are not members of the European Commission for Civil Aviation.

(2) The accession of any State shall be effected by the deposit of an instrument of accession with the International Civil Aviation Organisation and shall take effect on the thirtieth day following the date of such deposit.

Art. 13

1. Any Contracting State may denounce this Agreement by written notification to the President of the European Civil Aviation Commission and to the International Civil Aviation Organisation.

(2) Denunciation shall take effect on the thirtieth day following the date of receipt of the notification by the International Civil Aviation Organization, but only with respect to the State which denounces the agreement, however:

A.
The provisions of Art. 8 of this Agreement shall remain in force for five years from the date on which the denunciation takes effect in respect of aircraft for which a certificate of airworthiness has been validated or issued under the provisions of this Agreement;
B.
The provisions of Art. 1 to 7 and art. 9 shall remain in effect for two years from the date on which the denunciation takes effect in respect of aircraft for which an application has been made prior to that date for the issuance or validation of a certificate of airworthiness Under the provisions of this Agreement.
Art. 14

1. The Secretary-General of the International Civil Aviation Organization shall notify the President of the European Commission of Civil Aviation, to all Member States of the Commission and to any other State which has acceded to this Agreement:

A.
The deposit of any instrument of ratification or accession and the date of such deposit, within 15 days after that date; and
B.
The receipt of any notification of denunciation and the date of receipt, within 15 days after that date.

2. The Secretary-General of the International Civil Aviation Organization shall also notify the President of the European Commission of Civil Aviation and the Member States of the said Commission of the date on which the agreement enters into force Pursuant to the provisions of s. 11, para. 1.

Art. 15

1. In order to be admissible, a request to convene a meeting of the Contracting States for consideration of possible amendments to the agreement must be addressed to the International Civil Aviation Organisation by 25 % (25 %) at least Of the Contracting States and, at the earliest, twelve months after the entry into force of this Agreement. The International Civil Aviation Organisation, in consultation with the President of the European Civil Aviation Commission, shall convene the meeting by notifying the Contracting States at least three months in advance.

2. Any draft amendment to the Agreement must be approved at that meeting by the majority of the Contracting States, with two thirds of the Contracting States to be represented for the meeting to take place.

(3) The amendment shall enter into force, in respect of the States which have ratified it, after ratification by the number of Contracting States specified at that meeting or at any later date which may be fixed by the said meeting.

Art. 16 List of documents Scope of the Convention 1 Er June 1972 Statements

This Agreement shall apply to the metropolitan territory of the Contracting States. Any Contracting State may, at the time of the deposit of its instrument of ratification or accession, specify, in a declaration addressed to the Secretary-General of the International Civil Aviation Organization, the territory or territories which must be Considered as metropolitan territory for the purposes of this Agreement.

In witness whereof, The undersigned, duly authorized, have signed this Agreement.

Done at Paris, the twenty-two April thousand nine hundred and sixty, in a single copy in French, English and Spanish, each of these texts being equally authentic.

This Agreement shall be deposited with the International Civil Aviation Organization, and the Secretary-General of the International Civil Aviation Organization shall send certified copies to all member States of the Organization.

List of Documents

Documents to be filed under s. 3 of this Agreement, to which the following list is attached, are as follows:

A.
A certificate of airworthiness issued, renewed or validated during the sixty-day period immediately preceding the date of the application made pursuant to the provisions of s. 2 of the agreement;
B.
The flight manual of the aircraft, or any other document allowed for certain categories of aircraft by the provisions of the annex to the Convention on International Civil Aviation 3 Shall be applicable, indicating the data in a form which allows the aircraft to comply with the rules of operation, as well as any employment limit supplementing those rules, in force in the State which must register the aircraft, unless that State Explicitly waive this requirement;
C.
The aircraft maintenance manual established to provide all appropriate information on the maintenance of the aircraft's ability to fly;
D.
A weight estimate showing the verified "empty weight" of the aircraft and the corresponding centring, as well as the allowable limit centrages.
"Empty weight" shall include the weight of all stationary ballast, unusable fuel, non-hazardous oil, all cooling fluid and fluid in hydraulic circuits, and the weight of all accessories, Instruments, equipment and apparatus (including radio apparatus and their containers, and any other elements considered to be movable); the weight estimate shall also include the list of accessories, equipment, apparatus and other items As removable; it will indicate their respective weights and their position relative to the Centre of gravity;
E.
The inspection and maintenance requirements necessary to enable the state to register the aircraft to ensure that this aircraft can meet the airworthiness standards of that State.

Scope of the Convention 1 Er June 1972

States Parties

Ratification

Entry into force

Germany

17 July

1962

August 16

1962

Austria

July 25

1961

August 24

1961

Belgium

6 October

1961

5 novrmber

1961

Denmark

13 September

1962

13 October

1962

Spain

1 Er August

1961

August 31

1961

France

29 November

1962

29 December

1962

Great Britain *

5 December

1961

4 January

1962

Greece

March 29

1967

28 April

1967

Ireland

September 14

1967

14 October

1967

Italy

19 April

1968

19 May

1968

Luxembourg

22 March

1965

April 21

1965

Norway

April 11

1962

11 May

1962

Netherlands

Netherlands Antilles

September 25

1962

25 October

1962

Portugal

4 June

1968

4 July

1968

Sweden

7 June

1960

August 24

1961

Switzerland

September 20

1961

20 October

1961

*

Statements, see below


Statements

Great Britain

The Government of the United Kingdom stated that as regards art. 16 of the Agreement, the term "metropolitan territory" refers only to the territory of the United Kingdom of Great Britain and Northern Ireland in respect of that agreement.


RO 1961 929; FF 1961 I 548


1 AF of 21 June 1961 (RO 1961 928)
2 RS 0.748.0
3 RS 0.748.0


Status on 10 June 1997