agreement - icao.int

r •

'

Agreement

Between the Government of Bermuda Department of Civil Aviation and Federal Aviation Administration of Russia

Concerning the Transfer of Regulatory Oversight Functions and Duties

Certified that this is a true copy of the original document

Ian D aclntyre Director of Civil Aviation Bermuda

• •

•

norlow

Typewritten Text

norlow

Typewritten Text

norlow

Typewritten Text

norlow

Typewritten Text

4236

'

AGREEMENT BETWEEN THE GOVERNMENT OF BERMUDA AND THE GOVERNMENT OF ·

RUSSIA CONCERNING THE TRANSFER OF REGULATORY OVERSIGHT FUNCTIONS AND DUTIES

WHEREAS the Protocol relating to Article 83 bis of the Convention on International Civil Aviation (Chicago, 1944), to which the United Kingdom (UK) (representing Bermuda) and Russia are parties, entered into force on 20 June 1997;

WHEREAS Article 83 bis, with a view to enhanced safety, provides for the possibility of transferring to the State of the Operator all or part of the State of Registry's functions and duties pertaining to Articles 12, 30, 31, and 32 (a) of the Convention;

WHEREAS, in line with ICAO Document 9642, Part VIII, Chapter 1, and in light of ICAO Document 8335, Chapter 1 0, it is necessary to establish precisely the international obligations and responsibilities of Bermuda (State of Registry) and Russia (State of the Operator) in accordance with the Convention;

WHEREAS, with reference to the relevant Annexes to the Convention, this agreement organizes the transfer from Bermuda to Russia of functions and duties normally carried out by the State of Registry, as set out in Articles Ill and VI below;

The Government of Bermuda and the Government of Russia, hereinafter referred to as the ~~Parties";

Declaring their mutual commitment to the safety and efficiency of international aviation;

Recognizing that both Governments have a mutual interest in ensuring the flight safety of aircraft engaged in international air navigation for aircraft operating on the Bermuda Register of Aircraft and Flight Crew under an Air Operator Certificate (AOC) Issued by Russia;

Desiring to ensure the continued safety of aircraft operating on the Bermuda Register under a transfer agreement;

Have agreed as follows:

ARTICLE I

The Agencies responsible for implementing this Agreement shall be the Department of Civil Aviation (DCA) for the Government of Bermuda and the Federal Aviation Authority of Russia (FAAR) for the Government of the Republic of Russia.

ARTICLE 11

This Agreement has been developed based on Articles 33 and 83 bis of the Convention on International Civil Aviation. This· agreement pertains to the transfer of certain functions and duties contained in the International Civil Aviation Organization (ICAO) Annexes set out below between DCA and FAAR and is limited to aircraft on the Bermuda Register operated by Russian air operators as specified by type, registration mark and serial number in the attached Schedule 1 and Schedule 1A. In line with Chapter 10 of Document 8335 and Part VIII, Chapter 1 of Document 9642 issued by ICAO, it is necessary to establish the international obligations and functions and duties according to the Convention on International Civil Aviation of Bermuda (State of Registry) and Russia (State of the Operator). In accordance with Article 83 bis, the State of Registry may, by agreement with the State of the Operator, transfer to it, all or part of its functions and duties as State of Registry. The State of Registry shall be relieved of responsibility in respect of the functions and duties transferred.

27 September 1999 Rev.O of?

ARTICLE Ill

In the case of Bermuda and Russia, Bermuda transfers to Russia the following functions and duties, including oversight and control of relevant items contained in the respective Annexes to the Convention:

Annex 1

Annex 2

Annexe

Personnel Licensing - for licences issued or rendered valid by the State of the Operator, Annex 1, 1.2.2. Rules of the Air - enforcement of compliance with applicable rules and regulations relating to the flight and manoeuvre of aircraft. Operation of Aircraft, (Part I - International Commercial Air Transport -Aeroplanes) Functions and duties that are normally incumbent on the State of Registry. Functions and duties that are incumbent normally on the State of the Operator need not be transferred. Where functions and duties in Annex 6, Part I (particularly Chapters 5, 6, and 8) may conflict with the functions and duties in Annex 8 - Airworthiness of Aircraft, allocation of specific functions and duties is defined in the attached Schedule 2.

DCA will retain responsibility under the Convention for the regulatory oversight and control of the following ICAO Annexes:

Annexa Airworthiness of Aircraft

ARTICLE IV

Responsibility for notifying directly other States of the existence and contents of this Agreement pursuant to Article 83 bis (b) rests with the State of the Operator. This Agreement, as well as any amendments to it, shall be registered with ICAO by the State of Registry or the State of the Operator in accordance with the Rules for Registration with ICAO of Aeronautical Agreements and Arrangements (ICAO Doe. 6685).

ARTICLE V

FMR shall ensure that a certified true copy of this Agreement in English and in Russian is placed on board each aircraft to which this Agreement applies. FMR shall also ensure that a certified true copy of the relevant Air Operator Certificates (AOC) issued, in which the aircraft concerned will be duly listed and properly identified, is carried on board each aircraft.

ARTICLE VI

Under this Agreement, the only responsibility related to airworthiness transferred to Russia is the approval of line stations used by the Operator located away from the Operator's main base. This is accepted by Russia.

ARTICLE VII

The airworthiness procedures that are followed will be contained in the Operator's Maintenance Control Manual. Schedule 2 to this Agreement describes the functions and duties of the Parties related to airworthiness.

ARTICLE VIII

Meetings between DCA and FMR and other interested parties upon request will occur at six monthly intervals initially to discuss both operations and airworthiness matters resulting from inspections that have been conducted by respective inspectors. These meetings will take place in Bermuda, Operator State or middle ground for the purpose of resolving any discrepancies found as a result of the Inspections and in order to ensure that all parties are fully infq,rmed about the Operator's operations. The following subjects will be among those reviewed during these meetings:

• Flight operations; • Continuing airworthiness and aircraft maintenance; • Any other significant matters arising from inspections;

27 September 1999 Rev.O of7

• Operator's procedures if applicable.

Notwithstanding these meetings, DCA retains the right to conduct inspections or audits, as it deems necessary in order to verify that Russia is fulfilling its safety oversight obligations as transferred from Bermuda. DCA will be permitted access to Russian documentation concerning the Operator. Such inspections will occur only after reasonable notice is given to Russia.

' ARTICLE IX

During the execution of this agreement, prior to any aircraft subject to it is made the object of a sublease, Russia remaining the State of the Operator shall inform Bermuda. None of the functions and duties transferred from Bermuda to Russia may be carried out under the authority of a third State without the express written agreement of Bermuda.

ARTICLE X

Any disagreement concerning the interpretation or application of this Agreement shall be resolved by consultation between the Parties and shall not be referred to any international tribunal, arbitration, or third party settlement.

ARTICLE XI

This Agreement may be amended by written agreement of the Parties.

ARTICLE XII

This Agreement supersedes all previous Agreements between the Parties on this matter, shall enter into force upon signature of both Parties and shall remain in force until terminated.

In witness whereof, the undersigned Directors of Civil Aviation of Bermuda and Russia have signed this present Agreement.

[FULL NAME]

[Title] Director Aviation

Date: 7-rn;;:;;r,; H}'hs~a

ATTACHMENTS:

Schedule 1 - Aircraft affected by this Agreement Schedule 1A- Aircraft affected by this Agreement

RODNEYW. Acting Di~4;d;;p~~i~ Aviation, DCA

Date: ~J"' .Jpt6e~ rf9'J.

Schedule 2 - Responsibilities of Bermuda and Russia Related to Airworthiness

This Agreement is made in two copies in English and in Russian and both are in force . •


SCHEDULE 1 -AIRCRAFT AFFECTED BY THIS AGREEMENT

AEROFLOT RUSSIAN INTERNATIONAL AIRLINES· ARIA

OPERATOR AIRCRAFT TYPE REGISTRATION SERIAL MARK NUMBER

' ARIA Boeing 737-400 VP-BAH 29201

ARIA Boeing 737-400 VP-BAI 29202

ARIA Boeing 737-400 VP-BAJ 29203

ARIA Boeing 737-400 VP-BAL 29204

ARIA Boeing 737-400 VP-BAM 29205

ARIA Boeing 737-400 VP-BAN 29206

ARIA Boeing 737-400 VP-BAO 29207

ARIA Boeing 737-400 VP-BAP 29208

ARIA Boeing 737-400 VP-BAO 29209

ARIA Boeing 737-400 VP-BAR 29210

ARIA Airbus A310-304 VP-BAF 472

ARIA Airbus A31 0-304 VP-BAG 475

ARIA Boeing 777-208 VP-BAS 27607

ARIA Boeing 777-208 VP-BAU 27608

ARIA Boeing 767 -36N VP-BAV 30107

ARIA Boeing 767-36N VP-BAX 30109

ARIA Boeing 767-36N VP-BAY 30110

ARIA Boeing 767-36N VP-BAZ 30111

I •

27 September 1999 Rev.O of 7

SCHEDULE 1A- AIRCRAFT AFFECTED BY THIS AGREEMENT

TRANSAERO AIRLINES- TA

OPERATOR AIRCRAFT TYPE REGISTRATION SERIAL MARK NUMBER

, TA Boeing 737-200 VP-BTA 21443

TA Boeing 737-200 VP-BTB 21444


\/

SCHEDULE 2- RESPONSIBILITIES OF BERMUDA AND RUSSIA RELATED TO AIRWORTHINESS

ICAO Reference Subject Responsibilities of Responsibilities of the State of Registry the State of the

(Bermuda) Operator (RUSSIA)

Annex 8 Part 11, Ch.4 Continuing Develop or adopt Doe. 9642, Part 11, Ch. 1 airworthiness of requirements to ensure the Doe. 9389 Ch. 1, para. aircraft continued airworthiness of 1.1.4 & Ch. 6, para. 6.1.2 the aircraft during its service

life

This requirement also covers the maintenance requirements of Annex 6 mentioned below

Annex 8, Part 11, Ch. 4, Communication with Communicate with State of paras. 4.2.3, 4.2.4, 4.2.5 the State of Design Design Doe. 9642, Part VI, Ch, 1

Annex 8, Part 11, Ch. 5 Validity of Certificate Issue and reissue C of A Doe. 9642, Part IV, Ch. 3 of Airworthiness (C of

A)

Annex 8, Part 11, Ch. 6, Damage to aircraft Determine the condition of para. 6.2 airworthiness of the aircraft

Annex 6, Part I, Ch. 5, Operation of aircraft in Assume responsibility of paras. 5.2.3 & 5.2.4 compliance with the State of Registry as defined

terms of its C of A in 5.2.4

Annex 6, Part I, Ch. 8, Operator's Ensure the responsibilities para. 8.1 Maintenance are contained in the

Responsibilities Operator's Maintenance Control Manual (MCM).

Annex 6, Part I, Ch. 8, Operator's Ensure the guidance is para 8.2 Maintenance Control contained in a MCM

Manual acceptable to Bermuda

Annex 6, Part I, Ch. 8, Maintenance Program Approval of Operator's Ensure the Maintenance para. 8.3 Maintenance Program Program responsibilities and

development procedures are contained in the MCM.

Annex 6, Part I, Ch. 8, Maintenance records Inspect maintenance Inspect in accordance with para 8.4 records and documents the requirements of the Air

every six months Operator's Certificate (AOC)

Annex 6, Part I, Ch. 8, Continuing Ensure that all Bermuda Ensure that airworthiness para. 8.5 airworthiness Airworthiness Requirements reports are provided to

information are understood by the Bermuda Operator

Annex 6, Part I, Ch. 8, Modifications and Ensure these are approved Ensure the procedures are para. 8.6 repairs by the State of contained in the Operator's Doe. 9642, App. A of Part Design/Manufacturer and MCM. VIII, para .. ~,_? issue approval

Annex 6, Part I, Ch. 8, Approved Approval of Operator's Approval of Operator's line para. 8.7 Maintenance Base Maintenance maintenance arrangements

Organization Organization and away from main base. Procedures for Ch. 8, para · Ensure the procedures are 8.7 contained in the Operator's

Maintenance Control Manual


INTERNATIONAL CIVIL AVIATION ORGANIZATION

CERTIFICATE OF REGISTRATION NO. 3454

The Secretary General of the International Civil Aviation Organization hereby certifies that

the Government of the United Kingdom of Gnat Britain and Northern Ireland

has registered in accordance with Article 83 of the Convention on International Civil Aviation

the Agreement between the Government of Bermuda Department of Civil Aviation and Federal Aviation Administration of Russia

Concerning the Transfer of Regulatory Oversight Functions and Duties, signed at Bermuda on 18 September 1999 and at Moscow on 7 October 1999.

(The Agreement entered into force on 7 October 1 999.)

Registration took place on 6 June 2000 under No. 4236.

Done at Montreal on 15 November 2000.

ME~O~HAHOPrAHH3AQHHrPA~CKOHABHAQHH

CBM,l{ETEJihCTBO 0 PEffiCTPAI..IMH N2 3454

reHepanbHbiH CeKpCTapb MelKJIYHapo.z~Hoii opraHH3alUfH rpaJK.!laHCKOH aBHaQHH HaCTOl!!IIHM Y.!IOCTOBepl!er,qro

llpa6UmeJibCm60.M Coeouueuuozo KopoHe6cm6a Bt!lluKo6pumauuu u Ce6epuou HpHauouu

B coomerCTBHH eo CTaTbeii 83 KoHBeMQHH o MeJIGIYHapoMoil rpaJK.!laHcKoil asHaQMH 3aperMcrpRpOBaHo

CoZJlaJUeuue .Me31COy ,!1enapma.MeHmO.M ZJHl31COaHCKou a6ual(uu &ep.Myi) u t/JeOepallbHOU CJZ)l31C6ou 6030ylUuozo mpaucnopma Poccuu no no6oOy nepei)aqu t/JyHKI(UU u

o6R3auuocmeu no ua03opy, noi>nucauuoe 18 cen1n116pR 1999 zoi>a 6 &ep.Myi>ax u 7 OKIIUI6pR 1999 zoi)a 6 MOCK6e.

(COZllazueHUe 6cmynww 6 CWIY 7 0Krllll6p11 1999 zooa.)

PerMcrpalUfl! npoH3se.z~eHa 6 HIOHl! 2000 ro.z~a Ja N2 ·4236.

CosepmeHo B MoHpeane 15 Hol!6pl! 2000 ro.z~a.

For the Secretary General 3a reaepanbHoro ceKpeTapl!

.•. ··

agreement - icao.int

Documents