RE: Chicago Convention 1944 (Part-4)

Chicago Conference : Final Act

Article 34 Journey log books

There shaH be maintained in respect of every aircraft engaged in inter­national navigation a journey log book in which shall be entered particulars of the aircraft, its crew and of each journey, in such form as may be pre­scribed from time to time pursuant to this Convention.

Article 35 Cargo restrictions

(a)  No munitions of war or implements of war may be carried in or above
the territory of a State in aircraft engaged in international navigation, except
by permission of such State.   Each State shall determine by regulations what
constitutes munitions of war or implements of war for the purposes of this
Article,  giving due consideration, for the purposes of uniformity, to such
recommendations as the International Civil Aviation Organisation may from
time to time make.

(b)  Each contracting State reserves the right, for reasons of public order
and safety, to regulate or prohibit the carriage in or above its territory of
articles  other  than  those enumerated in paragraph (a):   provided that no
distinction is made in this respect between its national aircraft engaged in
international navigation and the aircraft of the other States so engaged; and
provided further that no restriction shall be imposed which may interfere
with the carriage and use on aircraft of apparatus necessary for the operation
or navigation of the aircraft or the safety of the personnel or passengers.

Article 36 Photographic apparatus

Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory.

chapter VI international standards and recommended practices

Article 37 Adoption of international standards and procedures

Each contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organisation 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 Organisation shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with:

(a)   Communications  systems and air navigation aids, including ground
marking;

(b) Characteristics of airports and landing areas;

(c)  Rules of the air and air traffic control practices;

(d) Licensing of operating and mechanical personnel;

(e)  Airworthiness of aircraft;

(/) Registration and identification of aircraft;

(g) Collection and exchange of meteorological information;

(h) Log books./

(»') Aeronautical maps and charts;

(j) Customs and immigration procedures;

(/() Aircraft in distress and investigation of accidents;

and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriaf-

Article 38 Departures from international standards and procedures

Any State which finds it impracticable to comply in all respects widi 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, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organisation of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make die appropriate amendments to its own regulations or practices shall give notice to die Council within 60 days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, die Council shall make immediate notification to all other States of the difference which exists between one or more features of an international standard and die corresponding national practice of that State.

Article 39 Endorsement of certificates and licences

(a)  Any aircraft or part diereof with respect to which diere exists an inter­
national standard of airworthiness or performance, and which failed in any
respect to satisfy dial standard at die time of its certification,  shall have
endorsed on or attached to its airwordiiness certificate a complete enumeration
of die details in respect of which it so failed.

(b)  Any person holding a licence who does not satisfy in full the conditions
laid down in die international standard relating to the class of licence or
certificate which he holds shall have endorsed on or attached to his licence a
complete enumeration of the particulars in which he does not satisfy such
conditions.

Article 40 Validity of endorsed certificates and licences

No aircraft or personnel having certificates or licences so endorsed shall participate in international navigation, except with die permission of the State or States whose territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State odier dian that in which it was originally certificated shall be at die discretion of the State into which die aircraft or part is imported.

 

Article 41 Recognition of existing standards of airworthiness

The .provisions of this Chapter shall not apply to aircraft and aircraft equipment of types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of an international standard of airworthiness for such equipment.

Article 42 Recognition of existing standards of competency of personnel

The provisions of this Chapter shall not apply to personnel whose licences are originally issued prior to a date one year after initial adoption of an international standard of qualification for such personnel; but they shall in any case apply to all personnel whose licences remain valid five years after the date or adoption of such standard.

PART II—THE INTERNATIONAL CIVIL AVIATION ORGANISATION

chapter VII the organisation

Article 43 Name and composition

An organisation to be named the International Civil Aviation Organisation is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary.

Article 44 Objectives

The aims and objectives of the Organisation are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to:

(fl) Insure the safe and orderly growth^ of international civil aviation throughout the world;

(b)  Encourage  the   arts  of  aircraft  design  and  operation  for  peaceful
purposes;

(c)  Encourage the development of airways, airports, and air navigation

facilities for international civil aviation;

(d)  Meet the needs of the peoples of the world for safe, regular, efficient
and economical air transport;

(e)  Prevent economic waste caused by unreasonable competition;

(/) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines;

(g) Avoid discrimination between contracting States;

(A) Promote safety of flight in international air navigation;

(/) Promote generally the development of all aspects of international civil aeronautics.

Article 45 Permanent seat

The .jSermanent seat of the Organisation shall be at such place as shall be determined at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organisation set up by the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision of the Council[.], and otherwise than temporarily by decision of the Assembly, such decision to be taken by the number of votes specified by the Assembly. The number of votes so specified will not be less than three-fifths of the total number of contracting States.¹⁰

Article 46 First meeting of Assembly

The first meeting of the Assembly shall be summoned by the Interim Council of the above-mentioned Provisional Organisation as soon as the Convention has come into force, to meet at a time and place to be decided by the Interim Council.

Article 47 Legal capacity

The Organisation shall enjoy in the territory of each contracting State such legal capacity as may be necessary for the performance of its functions. Full juridical personality shall be granted wherever compatible with the constitu­tion and laws of the State concerned.

chapter VIII the assembly

Article 48

Meetings of Assembly and voting

(a)  The Assembly shall meet not less than once in three years [annually] ⁿ
and shall be convened by the Council at a suitable time and place.   Extra­
ordinary meetings of the Assembly may be held at any time upon the call of
the Council or at the request of any ten contracting States addressed to the
Secretary General.

(b)  All contracting States shall have an equal right to be represented at the
meetings of the Assembly and each contracting State shall be entided to one
vote.    Delegates representing contracting States may be assisted by technical
advisers who may participate in die meetings but shall have no vote.

>° See Amendment Protocol II, 1954, below, App. B. As a footnote in ICAO Doc. 7300/2 (1959), p. 21, states: "This is the text of the Article as amended by the Eighth Session of the Assembly on June 14, 1954; it entered into force on May 16, 1958. Under Article 94 (a) of the Convention, the amended text is in force in respect of those States which have ratified the amendment. In respect of the States which have not ratified the amendment, the original Chicago text is still in force. . . ." For ratifications, see below, App. H.

" See Amendment Protocol III, 1954, below, App. B. A footnote in ICAO Doc. 7300/2 (1959) says of this Article in its revised version: "This is the text of the Article as amended by the Eighth Session of the Assembly on June 14, 1954; it entered into force on December 12, 1956. Under Article 94 (a) of the Convention, the amended text is in force in respect of those States which have ratified the amendment. In respect of the States which have not ratified the amendment, the original Chicago text is still in force. . . ." For ratifications, see below, App. H.

 

(c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Conven­tion, decisions of the Assembly shall be taken by a majority of the votes cast.

Article 49 Powers and duties of Assembly

The powers and duties of the Assembly shall be to:

(a)   Elect at each meeting its President and other officers;

(b)  Elect the contracting States to be represented on the Council, in

accordance with the provisions of Chapter IX;

(c) Examine and take appropriate action on the reports of the Council

and decide on any matter referred to it by the Council;

(d)  Determine its own rules of procedure and establish such subsidiary
commissions as it may consider to be necessary or desirable;

(e)       Vote annual  budgets   [an  annual budget] ¹²  and  determine  the

financial arrangements of the Organisation, in accordance with the provisions of Chapter XII;

(/) Review expenditures and approve the accounts of the Organisation;

(g) Refer, at its discretion, to die Council, to subsidiary commissions, or to any other body any matter within its sphere of action;

(A) Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the Organisation and revoke or modify the delegations of authority at any time;

(»') Carry out the appropriate provisions of Chapter XIII;

(j) Consider proposals for the modification or amendment of the pro­visions of this Convention and, if it approves of the proposals, recommend them to the contracting States in accordance with the provisions of Chapter XXI;

(l() Deal with any matter within the sphere of action of the Organisa­tion not specifically assigned to the Council.

chapter IX the council

Article 50

(a)   The Council shall be a permanent body responsible to the Assembly.
It shall be composed of 21 contracting States elected by the Assembly.   An
election shall be held at the first meeting of the Assembly and thereafter every
three years, and the members of the Council so elected shall hold office until
the next following election.

(b) In  electing the members  of the Council,  the Assembly  shall give
adequate representation to (1) the States of chief importance in air transport;
(2) the States not otherwise included which make the largest contribution to
the provision of facilities for international civil air navigation; and (3) the
States not otherwise included whose designation will insure that all the major
geographic areas of the world are represented on the Council.   Any vacancy
on the  Council shall be filled by the Assembly as soon as possible; any

¹² See Amendment Protocol III, 1954, below, App. B, and above, note 11.

contracting State so elected to the Council shall hold office for the unexpired portion of its predecessor's term of office.

(c) No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service.

Article 51 President of the Council

The Council shall elect its President for a term of three years. He may be re-elected. He shall have no vote. The Council shall elect from among its members one or more Vice-Presidents who shall retain their right to vote when serving as acting President. The President need not be selected from among the representatives of the members of the Council but, if a representa­tive is elected, his seat shall be deemed vacant and it shall be filled by the State which he represented. The duties of the President shall be to:

(a) Convene meetings of the Council, the Air Transport Committee, and

the Air Navigation Commission; (£) Serve as representative of the Council; and (c) Carry out on behalf of the Council the functions which the Council

assigns to him.

Article 52 Voting in Council

Decisions by the Council shall require approval by a majority of its members. The Council may delegate authority with respect to any particular matter to a committee of its members. Decisions of any committee of the Council may be appealed to the Council by any interested contracting State.

Article 53 Participation without a vote

Any contracting State may participate, without a vote, in the consideration by the Council and by its committees and commissions of any question which especially affects its interests. No member of the Council shall vote in the consideration by the Council of a dispute to which it is a party.

Article 54

Mandatory functions of Council The Council shall:

(a)     Submit annual reports to the Assembly;

(b) Carry out the directions of the Assembly and discharge the duties
and obligations which are laid on it by this Convention;

(c)      Determine its organisation and rules of procedure;

(d) Appoint and define the duties of an Air Transport Committee,
which   shall  be  chosen  from  among the  representatives   of  the
members of the Council, and which shall be responsible to it;

(e)      Establish an Air Navigation Commission, in accordance with the

provisions of Chapter X;

(/) Administer the finances of the Organisation in accordance with the provisions of Chapters XII and XV;

(g) Determine the emoluments of the President of the Council;

(h) Appoint a chief executive officer who shall be called the Secretary General, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI;

(f) Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including information about the costs of operation and particulars of subsidies paid to airlines from public funds;

(f) Report to contracting States any infraction of this Convention, as well as any failure to carry out recommendations or determinations of the Council;

(^) Report to the Assembly any infraction of this Convention where a contracting State has failed to take appropriate action within a reasonable time after notice of the infraction;

(/) Adopt, in accordance with the provisions of Chapter VI of diis Con­vention, international standards and recommended practices; for convenience designate them as Annexes to this Convention; and notify all contracting States of the action taken;

(m) Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX;

(«) Consider any matter relating to the Convention which any con­tracting State refers to it.

Article 55

Permissive junctions of Council The Council may:

(a) Where appropriate and as experience may show to be desirable, create subordinate air transport commissions on a regional or other basis and define groups of States or airlines widi or through which it may deal to facilitate the carrying out of the aims of this Convention;

(£) Delegate to the Air Navigation Commission duties additional to those set fordi in the Convention and revoke or modify such delegations of authority at any time;

(c) Conduct research into all aspects of air transport and air navigation

which are of international importance, communicate the results of its research to the contracting States, and facilitate the exchange of information between contracting States on air transport and air navigation matters;

(d) Study any matters affecting the organisation and operation of inter­
national air transport, including the international ownership and
operation of international air services on trunk routes, and submit
to the Assembly plans in relation thereto;

(e)  Investigate, at the request of any contracting State, any situation

which may appear to present avoidable obstacles to the development of international air navigation; and, after such investigation, issue such reports as may appear to it desirable.

 

                        chapter X

the air navigation commission

527

Article 56 Nomination and appointment of Commission

The Air Navigation Commission shall be composed of twelve members appointed by the Council from among persons nominated by contracting States. These persons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nominations. The President of the Air Navigation Commis­sion shall be appointed by the Council.

Article 57 Duties of Commission

The Air Navigation Commission shall:

(a)  Consider, and recommend to the Council for adoption, modifica-

tions of the Annexes to this Convention;

(b) Establish technical sub-commissions on which any contracting State
may be represented, if it so desires;

(c)      Advise the Council concerning the collection and communication to

the   contracting   States   of   all   information   which   it   considers necessary and useful for the advancement of air navigation.

chapter XI personnel

Article 58 Appointment of personnel

Subject to any rules laid down by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organisation, and may employ or make use of the services of nationals of any contracting State.

Article 59 International character of personnel

The President of the Council, the Secretary General, and other personnel shall not seek or receive instructions in regard to the discharge of their responsibilities from any authority external to the Organisation. Each con­tracting State undertakes fully to respect the international character of the responsibilities of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities.

Article 60 Immunities and privileges of personnel

Each contracting State undertakes, so far as possible under its constitutional procedure, to accord to the President of the Council, the Secretary General, and the other personnel of the Organisation, the immunities and privileges which are accorded to corresponding personnel of other public international.

organisations. If a general international agreement on the immunities and privileges of international civil servants is arrived at, the immunities and privileges acebrded to the President, the Secretary General, and the other personnel of the Organisation shall be the immunities and privileges accorded under that general international agreement.

chapter XII finance

Article 61 Budget and apportionment of expenses

The Council shall submit to the Assembly annual budgets [an annual budget],¹³ annual statements of accounts and estimates of all receipts and expenditures. The Assembly shall vote the budgets [budget] ¹⁴ with what­ever modification it sees fit to prescribe, and, with the exception of assessments under Chapter XV to States consenting thereto, shall apportion the expenses of the Organisation among the contracting States on the basis which it shall from time to time determine.

Article 62 Suspension of voting power

The Assembly may suspend the voting power in the Assembly and in the Council of any contracting State that fails to discharge within a reasonable period its financial obligations to the Organisation.

Article 63 Expenses of delegations and other representatives

Each contracting State shall bear the expenses of its own delegation to the Assembly and the remuneration, travel, and other expenses of any person whom it appoints to serve on the Council, and of its nominees or repre­sentatives on any subsidiary committees or commissions of the Organisation.

chapter XIII other international arrangements

Article 64 Security arrangements

The Organisation may, with respect to air matters within its competence directly affecting world security, by vote of the Assembly enter into appro­priate arrangements with any general organisation set up by the nations of the world to preserve peace.

Article 65 Arrangements with other international bodies

The Council, on behalf of the Organisation, may enter into agreements with other international bodies for the maintenance of common services and for common arrangements concerning personnel and, with the approval of

¹³     See Amendment Protocol III, 1954, below, App. B, and above, note 11.

¹⁴    See Amendment Protocol III, 1954, below, App. B, and above, note 11.

 

the Assembly, may enter into such other arrangements as may facilitate the work of the Organisation.

Article 66 Functions relating to other agreements

(a)  The Organisation shall also carry out the functions placed upon it by
the International Air Services Transit Agreement and by the International
Air Transport Agreement drawn up at Chicago on December 7, 1944, in
accordance with the terms and conditions therein set forth.

(b)  Members of the Assembly and the Council who have not accepted the
International Air Services Transit Agreement or the International Air Trans­
port Agreement drawn up at Chicago on December 7, 1944, shall not have
the right to vote on any questions referred to the Assembly or Council under
the provisions of the relevant Agreement.

PART III—INTERNATIONAL AIR TRANSPORT

chapter XIV information and reports

Article 67 File reports with Council

Each contracting State undertakes that its international airlines shall, in accordance with requirements laid down by the Council, file with the Council traffic reports, cost statistics and financial statements showing among other things all receipts and the sources thereof.

chapter XV airports and other air navigation facilities

Article 68 Designation of routes and airports

Each contracting State may, subject to the-provisions of this Convention, designate the route to be followed within its territory by any international air service and the airports which any such service may use.

Article 69 Improvement of air navigation facilities

If the Council is of the opinion that the airports or other air navigation facilities, including radio and meteorological services, of a contracting State are not reasonably adequate for the safe, regular, efficient, and economical operation of international air services, present or contemplated, the Council shall consult with the State directly concerned, and other States affected, with a view to finding means by which the situation may be remedied, and may make recommendations for that purpose. No contracting State shall be guilty of an infraction of this Convention if it fails to carry out these recommendations.

  

Article 70 Financing of air navigation facilities

A contracting State, in the circumstances arising under the provisions of Article 69, may conclude an arrangement with the Council for giving effect to such recommendations. The State may elect to bear all of the costs involved in any such arrangement. If the State does not so elect, the Council may agree, at the request of the State, to provide for all or a portion of the costs.

Article 71 Provision and maintenance of facilities by Council

If a contracting State so requests, die Council may agree to provide, man, maintain, and administer any or all of the airports and other air navigation facilities, including radio and meteorological services, required in its territory for die safe, regular, efficient and economical operation of die international air services of die odier contracting States, and may specify just and reasonable charges for die use of die facilities provided.

Article 72 Acquisition or use of land

Where land is needed for facilities financed in whole or in part by the Council at the request of a contracting State, diat State shall either provide die land itself, retaining tide if it wishes, or facilitate the use of die land by die Council on just and reasonable terms and in accordance with the laws of die State concerned.

Article 73 Expenditure and assessment of funds

Widiin die limit of die funds which may be made available to it by die Assembly under Chapter XII, die Council may make current expenditures for the purposes of this Chapter from die general funds of die Organisation. The Council shall assess die capital funds required for the purposes of this Chapter in previously agreed proportions over a reasonable period of time to the contracting States consenting thereto whose airlines use the facilities. The Council may also assess to States that consent any working funds diat are required.

Article 74

Technical assistance and utilisation of revenues

When die Council, at die request of a contracting State, advances funds or provides airports or odier facilities in whole or in part, the arrangement may provide, with die consent of diat State, for technical assistance in die supervision and operation of the airports and other facilities, and for the pay­ment, from die revenues derived from die operation of the airports and other facilities, of die operating expenses of the airports and the other facilities, and of interest and amortisation charges.

Article 75 Taking over of facilities from Council

A contracting State may at any time discharge any obligation into which it has entered under Article 70, and take over airports and odier facilities which the Council has provided in its territory pursuant to the provisions of