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1.1.3 Article 33 of the Convention provides that Certificates of Airworthiness and licences issued by a Contracting State are recognized as valid by other Contracting States, provided the certificates and licences satisfy ICAO Standards.
1.1.4 Article 37 of the Convention requires each Contracting State to collaborate in securing the highest degree of uniformity in all matters where uniformity will facilitate and improve air navigation.
1.1.5 Article 54 of the Convention allows ICAO to issue Standards and Recommended Practices (SARPs), and to designate them as Annexes to the Convention.
1.1.6 The two Annexes covering the airworthiness of aircraft are:
a) Annex 6 — Operations of Aircraft, and
b) Annex 8— Airworthiness of Aircraft.
The basic aircraft is certificated, manufactured and issued a Certificate of Airworthiness in accordance with Annex 8, then operated in accordance with Annex 6.
1.1.7 The first article of the Convention stresses that every State has sovereignty over its airspace. Each Contracting State may therefore, under Article 38, notify a difference to ICAO, and not adhere to a SARP. ICAO publishes these differences, and Contracting States can decide if aircraft from a State that lodges a difference can be allowed to operate over their territory.
1.1.8 There is no provision in the Convention which allows a Contracting State to not comply with a requirement of the Convention.
1.1.9 ICAO has initiated an audit programme to assess the compliance of States with ICAO obligations in an effort to increase overall understanding and compliance by the Contracting States.
1.1.10 This Airworthiness Manual was amended and restructured by the ICAO Airworthiness Panel. It is approved by the Secretary General of ICAO and published under his authority. The objective of this manual is to provide guidance on the implementation of the airworthiness and maintenance provisions of Annex 6 and Annex 8. The material in the manual will assist Contracting States in enhancing consistency in their application of these Annexes and assist them in carrying out their safety oversight obligations.
1.1.11 This manual is based on the latest information available to the international aviation community on the airworthiness and operation of aircraft and will be amended to take into account developments in the airworthiness field.
1.2 Obligations under the Convention
1.2.1 The Convention on International Civil Aviation provides that every aircraft of a Contracting State, engaged in international navigation, shall carry a Certificate of Registration and a Certificate of Airworthiness (Article 29). It also provides that the Certificate of Airworthiness shall be issued or rendered valid by the State in which the aircraft is registered (Article 31).
1.2.2 The minimum airworthiness Standards for these certificates are contained in Annex 8. The technical specifications in Annex 8 include only broad Standards which define, for application by competent State authorities, the complete international basis for the recognition by States of Certificates of Airworthiness for the purpose of flight of aircraft of other States into or over their territories.
1.2.3 It was recognized that the broad standards in Annex 6 and Annex 8 would provide the basis for the development of national airworthiness regulations and rules which would specify the scope and detail considered necessary by individual States for the certification and the continuing airworthiness of individual aircraft. Thus, it is necessary that each State develop its own comprehensive airworthiness regulations and rules consistent with the provisions of Annex 6 and Annex 8, or adopt appropriate airworthiness regulations developed by another Contracting State. When adopting airworthiness Standards from another Contracting State, the adopting State should be aware of any differences filed by the other State that are reflected in their Standards, as the adopting State may have to file the same differences.
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