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1.3.5 The foregoing leads to the conclusion that considerable merit exists for an overall State regulatory system which has elements of both extremes and which will:
a) represent a well balanced allocation of responsibility between the State and those persons or organizations conducting airworthiness-related activities;
b) be capable of economic justification within the resources of the State;
c) enable the State to maintain continuing regulation and supervision of the airworthiness activities of the operator, manufacturer and maintenance facility without unduly inhibiting their effective direction and control of their organizations; and
d) result in the cultivation and maintenance of harmonious relationships between the State and those persons/organizations applying airworthiness regulations in practice.
1.3.6 The essential elements to be covered by an airworthiness regulatory system include:
a) aircraft type certification;
b) approval of modifications and repairs; c) manufacture of aircraft and aviation products under a production approval;
d) registration of aircraft;
e) airworthiness certifications;
f) continuing airworthiness;
g) approval of aircraft maintenance organizations;
h) certification of operators; and
i) licensing of personnel.
Note.— This manual does not cover all aspects of items h) and i) above.
1.3.7 Through the process of registering aircraft and the issuance of the certificates and approvals listed in 1.3.6, the State has the capability of ensuring the protection of the public interest and will be able to exercise appropriate influence and control of airworthiness activities without encroaching upon the operator’s, manufacturer’s and maintenance facility’s responsibility for safety.
1.3.8 Where the State is not only the airworthiness regulatory authority but also the operator, manufacturer or maintenance facility, the requirements of the Convention on International Civil Aviation will be met and the public safety interest best served by the separation of authority and responsibility between the State airworthiness operating agency and the State regulatory authority. The approval and certification procedures as detailed herein should be followed as if the airworthiness operating agency were a separate non-government entity.
1.4 Airworthiness responsibilities in Annex 6
1.4.1 Annex 6 includes additional functional requirements that must be incorporated into aircraft for particular types of operation. The aircraft may therefore satisfy the airworthiness requirements of Annex 8, but not be usable for a specific operational task without meeting the additional requirements of Annex 6. This has special significance where the requirements of Annex 8 are generally applied only to new certification projects, and new requirements in Annex 8 will only appear in aircraft after some time. Any additional requirements of Annex 6 must also meet the airworthiness approval requirements of Annex 8. Also, under Article 41 of the Chicago Convention, changes to Annex 8 do not become binding on Contracting States until three years after the Annex is amended. However, a requirement in Annex 6 must be satisfied prior to any current operations, unless otherwise specified.
1.4.2 Annex 6 also includes requirements for continuing airworthiness of aircraft, including such issues as application of a maintenance programme, and the approval of data used for incorporating modifications and repairs. These requirements are intended to ensure that aircraft remain in a safe condition for operation and conform with approved design data throughout the operational life of the aircraft. There may also be an overlap of considerations between the two Annexes; for example, Annex 8, Part II, 4.2.3 f) requires the State of Registry to implement a system whereby information on defects is transmitted to the organization responsible for type design of the aircraft. The systems implemented for aircraft maintenance procedures required to satisfy Annex 6, Part I, Chapter 8 provides the details necessary to satisfy the requirement for submission of defect reports.
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