Ph D Grzegorz Zając Chicago convention and its

Ph. D. Grzegorz Zając Chicago convention and its annexes as foundation international aviation law Aviation Law and Organizations, WSIZ Rzeszów 2013/2014

The foundation of international law in the field of civil aviation shall constitute: a) Chicago Convention of 1944 b) The International Air Services Transit Agreement or "Two Freedom", 1944. The agreement established for the first time the principle of automatic right of transit and of emergency landing. – (1) The privilege to fly across its territory without landing; – (2) The privilege to land for non-traffic purposes. a) The International Air Transport Agreement or "Five Freedom”, 1944 b) Annexes to Chicago Convention (19) © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Why Convention was adopted? The intention for all States participating in the Conference in 1944 to adopt this Convention was the following: „the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security” (Preamble), and „international air transport services may be established on the basis of equality of opportunity and operated soundly and economically”. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

What are the main principles of the Convention and what it deals? 1. The Convention applies only to the civil aviation. 2. The State has complete and exclusive jurisdiction in its airspace. 3. The Right flight over the country without obtaining his authorization in each case (article. 5). 4. Performing regular air services (flights) requires bilateral arrangements (article. 6). Source: http: //www. 123 rf. com/stock-photo/aircrafts. html © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

What are the main principles of the Convention and what it deals? 5. The aircraft must be registered and have thus nationality (only one) and have the characters of that membership, and registration (article. 17 -21). 6. Exemption from customs duties of an aircraft and certain of its elements (e. g. fuel) (article 24). 7. The obligation to assist an aircraft which is in danger (article. 25 -26). Source: http: //www. 123 rf. com/stock-photo/aircrafts. html © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

What are the main principles of the Convention and what it deals? Chicago Convention also creates a organization dealing with civil aviation issues. This is: INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) ICAO is a specialized agency of the UN system. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Annexes to Chicago convention • Annexes to Chicago convention contain Standards and Recommended Practices (SARPs); • They are binding to all Contracting States, unless they made reservations. © Dr Grzegorz Zając

What are SARP’s? • A Standard is defined as „any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as necessary for the safety or regularity of international air navigation and to which Contracting States will conform in accordance with the Convention; in the event of impossibility of compliance, notification to the Council is compulsory under Article 38 of the Convention. ” • A Recommended Practise is defined as „any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as desirable in the interest of safety, regularity or efficiency of international air navigation, and to which Contracting States will endeavour to conform in accordance with the Convention. States are invited to inform the Council of non compliance”. © Dr Grzegorz Zając

Who adopts SARP’s (the legal basis)? • They are adopted by the Council of ICAO pursuant to the provisions of Article 37 of the Convention on International Civil Aviation (Chicago convention). Art. 37: „(…) Each contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures (…). ” © Dr Grzegorz Zając

Annexes to Chicago convention • • • • • Annex 1 Personnel Licensing Annex 2 Rules of the Air Annex 3 Meteorological Service for International Air Navigation Annex 4 Aeronautical Charts Annex 5 Units of Measurement to be Used in Air and Ground Operations Annex 6 Operation of Aircraft Annex 7 Aircraft Nationality and Registration Marks Annex 8 Airworthiness of Aircraft Annex 9 Facilitation Annex 10 Aeronautical Telecommunications Annex 11 Air Traffic Services Annex 12 Search and Rescue Annex 13 Aircraft Accident and Incident Investigation Annex 14 Aerodromes Annex 15 Aeronautical Information Services Annex 16 Environmental Protection Annex 17 Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference Annex 18 The Safe Transport of Dangerous Goods by Air Annex 19: © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Annex 19 – Safety management (safety management system SMS) – since 14. 11. 2013 © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Annexes to Chicago convention Adoption and changes to the annexes is done by the Council of ICAO pursuant to Article 54 of the Chicago convention. Art. 54: „The Council shall (…) adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience, designate them as Annexes to this Convention; and notify all contracting States of the action taken (…), and Consider recommendations of the Air Navigation Commission for amendment of the Annexes”. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Annexes to Chicago convention ü Notification of differences under Article 38 places an obligation for States to notify ICAO when there is a difference between national regulations and practices and the international standards contained in an Annex (Chicago 1944). Art. 38: „Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, (…) shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. (…)”. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

© Grzegorz Zając, Ph. D. Thank you for Your attention!