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Article 83bis (Revisited):Transfer of Safety Oversight Responsibilities Seen from a European Regulator’s Perspective

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Chapter Summary

Article 83bis of the Chicago Convention allows for the partial or full transfer by a State of Registry of certain functions and duties related to an aircraft which is entered on its register. To that end a so-called 'article 83bis-agreement' should be concluded between the State of Registry and the State of the Operator to which responsibilities are transferred. A revisit of this Article is timely, as the review and possible revision of Article 83bis of the Chicago Convention has been discussed at the 35th meeting of the ICAO Legal Committee. The review addresses the difficulties States encounter when implementing Article 83bis. With the adoption of Regulation (EC) 216/20089 a comprehensive legal framework (EASA legal framework) comprising aviation safety rules in all aviation domains was introduced. The ICAO Legal Committee when reviewing the practice of Article 83bis is encouraged to address also the particular situation in Europe.

Keywords: Article 83bis of the Chicago Convention; article 83bis-agreement; EASA legal framework; ICAO Legal Committee; Regulation (EC) 216/20089; State of Registry



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