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3.2.7 Registration of the agreement with ICAO
3.2.7.1 The transfer of responsibilities per the agreement will not be recognized by other Contracting States until:
a) the agreement has been registered with the Council and made public pursuant to Article 83 of the Chicago Convention (see Doc 6685 “Rules for Registration with ICAO of Aeronautical Agreements or Arrangements”); or
b) the existence and the scope of the agreement have been directly communicated to the authorities of the other Contracting States into or over which the transferred aircraft may be flown by a State party to the agreement, usually the State of the Operator.
Direct notification of a transfer agreement may be preferable for the State. However, in certain circumstances, for instance in case of short-term agreements, the States’ obligation to register such agreements with ICAO remains unaffected under Article 83 of the Convention. The registered agreements are published in the quarterly List of Agreements and Arrangements Concerning International Aviation Registered with ICAO, which is issued by ICAO.
3.2.7.2 Upon registration or notification, the State of Registry shall be relieved of responsibility in respect of the functions and duties duly transferred to the State of the Operator, and the latter shall comply with them in accordance with its own laws and regulations.
3.2.8 Contracting State responsibilities
3.2.8.1 With reference to Article 33 of the Convention, States which have ratified Article 83bis should ensure that their national legislation recognizes the validity of Certificates of Airworthiness issued or validated by the State of the Operator in accordance with Article 83bis.
3.2.8.2 States which have ratified Article 83bis should ensure that the information they have received concerning the existence of transfer agreements relating to aircraft operating to/from their territory is promptly relayed to the authorities involved in inspection. Adequate procedures need to be developed and implemented for that purpose.
3.2.8.3 For the purpose of identifying the States responsible for safety oversight on the occasion of any verification process such as ramp inspections, a certified true copy of the transfer agreement should be carried on board the aircraft at all times while the transfer agreement is in force. It is also recommended that a certified true copy of the AOC under which the aircraft is operated, and in which it should be listed, be carried on board.
3.2.8.4 In case the aircraft is to enter the airspace of Contracting States which are not parties to Article 83bis, or which are parties but have not been duly advised about a transfer agreement in accordance with this provision, the certificates and licenses on board the aircraft should be issued or rendered valid by the State of Registry as the latter would, in this case, remain fully responsible in regard of Articles 30, 31 and 32 (a) of the Convention despite the transfer agreement with the State of the Operator.
3.3 Acceptance of the type design
As stated in 2.4.3 above, under Article 83bis the State of Registry can transfer to the State of the Operator its responsibility for ensuring that the aircraft and any modification/repair to it, complies with an approved design. The bilateral agreements mentioned in 2.4.4 of this Part may include any transfer of partial or complete responsibilities between the State of Registry and that of the Operator as outlined in Chapter 3 of this Part.
3.4 Maintenance
3.4.1 The transfer and acceptance of the transfer by the State of the Operator of specific responsibilities of the State of Registry are subject to national regulations, procedures and policies. These individual responsibilities may include:
a) approval of maintenance programme;
b) acceptance of the maintenance control manual;
c) maintenance record keeping;
d) procedures for the continued validity of a Certificate of Airworthiness; or
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适航手册 AIRWORTHINESS MANUAL(182)
