Sofema Aviation Services (SAS) considers the role and purpose of ICAO Article 83bis.
Introduction
ICAO Annex 6 (Operation of Aircraft) is fundamentally built on the principle that the State of the Operator is responsible for the safety oversight of air operations.
- However, the Chicago Convention originally placed primary responsibility on the State of Registry. This creates a legal and practical gap when an aircraft registered in one country is operated by a company based in another (e.g., through a dry lease).
- Article 83bis was introduced specifically to bridge this gap, and its implications for Annex 6 are significant.
Article 83bis: The Legal Bridge
- Article 83bis of the Chicago Convention allows for the transfer of functions and duties from the State of Registry to the State of the Operator.
- Without this article, the State of Registry remains legally responsible for the aircraft’s airworthiness and operational oversight, even if the aircraft never enters its airspace.
- Article 83bis allows this responsibility to be formally shifted to the State where the operator is actually located.
Key Implications:
- Transfer of Responsibility: It permits the transfer of duties related to Article 12 (Rules of the Air), Article 30 (Radio equipment), Article 31 (Certificates of Airworthiness), and Article 32 (Personnel Licensing).
- International Recognition: Once a transfer agreement is registered with ICAO, other member states must recognize the State of the Operator as the authority for that specific aircraft.
- Liability Relief: The State of Registry is “relieved of responsibility” for the functions it transfers, provided the agreement is valid and communicated.
Safety Oversight of the State of the Operator
- Under Annex 6, the State of the Operator is the primary entity ensuring that an airline (the operator) is capable of conducting safe operations. This oversight is not just a recommendation; it is a binding international standard.
Core Responsibilities under Annex 6:
- Air Operator Certificate (AOC): The State of the Operator must issue an AOC to ensure the operator has the organizational structure, training, and equipment to operate safely.
- Continued Surveillance: The State must conduct regular audits and inspections of the operator’s safety management systems (SMS), flight operations, and maintenance control.
- Operational Control: Annex 6 requires the State of the Operator to ensure the operator maintains effective “operational control”- the exercise of authority over the initiation and safety of a flight.
The Synergy between Annex 6 and Article 83bis
The relationship between these two frameworks ensures there is no “oversight vacuum.”
Without Article 83bis
- Airworthiness – State of Registry must inspect the aircraft (often impractical if the plane is abroad).
- Crew Licensing – Crew must hold licenses from the State of Registry.
- Regulatory Clarity – Conflicting rules may exist between the two states.
With Article 83bis (Annex 6 applied)
- Airworthiness – State of the Operator takes over maintenance oversight, aligning it with the operator’s local fleet.
- Crew Licensing – Crew can use licenses issued or validated by the State of the Operator.
- Regulatory Clarity – A single set of operational regulations (those of the State of the Operator) usually applies.
Practical Example:
If a German airline leases a plane registered in Bermuda, Article 83bis allows the German Civil Aviation Authority (LBA) to oversee the aircraft’s daily safety and maintenance. Under Annex 6, the LBA ensures this “Bermudan” aircraft meets the same safety standards as the rest of the German fleet.
Summary of Impacts
The integration of Article 83bis into Annex 6 ensures that oversight follows the operator, not just the piece of paper (registration). This enhances safety by placing authority in the hands of the regulators who are physically closest to the daily operations.
Article 83bis Registration
- The registration of an Article 83bis agreement is a formal process involving two sovereign states and ICAO.
- For the agreement to be legally valid against third parties (other countries), it must be registered with the ICAO Council in accordance with Article 83 of the Chicago Convention and ICAO Doc 10059 (Manual on the Implementation of Article 83 bis).
Verification of Ratification
Before an agreement can be drafted, both the State of Registry (Lessor State) and the State of the Operator (Lessee State) must have ratified the Protocol relating to Article 83bis (Doc 9318).
Note – If one state has not ratified it, the transfer of functions will not be recognized by other member states.
Drafting the Bilateral Agreement
Once signed, the agreement must be registered through the Database of Aeronautical Agreements and Arrangements (DAGMAR).
- The State of Registry is usually responsible for the submission.
- The submission must include an Agreement Summary (using the template found in Attachment A of ICAO Doc 10059). This summary is a condensed, standardized version of the agreement for easy reference by ramp inspectors.
Notification to Other States
Registration with ICAO serves as the primary “notice to the world.” However, states often publish the existence of these agreements in their Aeronautical Information Publications (AIP) to ensure that air traffic control and inspectors in other regions are aware of who holds safety oversight.
Next Steps
Sofema Aviation Services and Sofema Online provide Regulatory Compliant and Vocational Classroom, Webinar and Online Training For EASA, FAA, UAE GCAA, Saudi GACA, OTAR – Please see the websites or email [email protected]
Tags:
ICAO, Airworthiness, SMS, ICAO Annex 6, Air Operator Certificate (AOC), Sofema Aviation Serices (SAS), operational control, Article 83bis, Crew Licensing, Regulatory Clarity, ICAO Doc 10059
