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3.2.1.3 Additional information on the implementation of Article 83bis can be found in:
a) ICAO Doc 9318 — Protocol Relating to an Amendment to the Convention on International Civil Aviation (Article 83 bis);
b) ICAO Circular 295 — Guidance on the Implementation of Article 83 bis of the Convention on International Civil Aviation (Circ 295); and
c) EC 2/82, LE 4/55-99/54 dated 14 May 1999, “Study on aircraft leasing and material on the implementation of Article 83bis”.
3.2.2 Agreement considerations
3.2.2.1 Prior to entering into any transfer agreement, and with reference to Assembly Resolutions A23-3 and A23-13, States of Registry must ensure that their national legislation actually allows them to divest themselves of the functions and duties of aircraft on their Registry that are proposed for a transfer agreement. Furthermore, as State of the Operator, States should ensure that their national legislation will apply to any foreign-registered aircraft contemplated under a transfer agreement.
3.2.2.2 States should not enter into an 83bis agreement if the State of the Operator is not capable of adequately performing the duties and functions to be transferred under the agreement.
3.2.2.3 Although the issuance of an AOC is required by Annex 6 for international commercial operations, an AOC will not apply to a transfer agreement addressing the transfer of general aviation aircraft.
3.2.3 The Article 83bis agreement
An Article 83bis agreement between the State of Registry and the State of the Operator specifies the duties and functions to be transferred by the State of Registry. Those duties and functions not specified in the agreement are deemed to remain with the State of Registry.
3.2.4 Duration of the agreement
The duration of the agreement on the transfer of responsibilities should not exceed the period covered by the corresponding commercial arrangement (for example, a lease). Accordingly, the period of validity of the transfer of duties and functions by the State of Registry should be mentioned in the agreement, taking into consideration that the registration of the aircraft concerned will not be changed.
3.2.5 Contents of the agreement
3.2.5.1 The aircraft concerned should be clearly identified in the agreement by including reference to the aircraft type, registration, and serial numbers.
3.2.5.2 Authorities concerned shall give special consideration to the objectives of continuing airworthiness and to the transfer of information as required in Annex 6, Part I, 8.3 to 8.8, as well as in Annex 8, Part II, Chapter 4.
3.2.5.3 Authorities concerned should clearly identify a coordination mechanism on continuing airworthiness issues in the agreement. Periodic meetings may be arranged between States involved to ensure that the continuing airworthiness of the aircraft is maintained in accordance with the Annexes referred to in 3.2.5.2.
Note.— Additional guidance regarding operational surveillance may be found in the Manual of Procedures for Operations Inspection, Certification and Continued Surveillance (Doc 8335), Chapter 10
— Lease, Charter and Interchange Operations.
3.2.6 Level of agreement signature
3.2.6.1 The level of authority for signing transfer agreements should be equivalent to that required for administrative arrangements between aviation authorities, consistent with the national practice respecting binding agreements.
3.2.6.2 Implementation of Article 83bis may be made through administrative agreements or arrangements between civil aviation authorities, usually signed at the level of Director General, so long as such administrative agreements or arrangements are binding under the legal practice of both countries. If such administrative agreements or arrangements are not binding within both countries, consideration should be given to more formal binding agreements (e.g. bilateral agreements).
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适航手册 AIRWORTHINESS MANUAL(181)
