DIREKTORAT KELAIKUDARAAN DAN
PENGOPERASIAN PESAWAT \JDARA
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9 JUL 2017
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LEMBARAN DISPOSISI KEPADA YTH.
ubdit Standardisasi Kelaikudaraan _,J<^subdit Rekayasa
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Produk Aeronautika I SiaStlbdiiPerawatanubdit Operasi Pesawat Udara Kasubag Tata Usaha
PPK Sekretaris
3 Koordinator Training D K e t u a S S P
3 ICAO Project Coordinator
O Untuk diketahui
O Tindak lanjuti sesual prosedur O Sebagai bahan pertimbangan O Konsepkan
O Agendakan
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Monitor O Harap dlwaklli, hasil dilaporten O Copy' Fife O Harap dlbantu O Teruskan kepada . O Siapkan telaahan sfaf /)awaban O Edarkan O Dibahas bersania / koordinasiAgar selesai sebelum tanggal:
KEMENTERIAN PERHUBUNGAN
DIREKTORAT J E N D E R A L PERHUBUNGAN UDARA
Jalan Merdeka Barat No. 8 Jakarta 10110
Kotak Pos No. 1389 Jakarta 10013
Telepon : 3505550 - 3505006
(Sentral) F a x : 3 5 0 5 1 3 5 - 3 5 0 5 1 3 9 3507144
NOTA DINAS
Nomor : /SPj /WS,H /VM / 20\y
Kepada Yth : 1. Direktur Kelaikudaraan dan Pengoperasian Pesawat Udara
2. Kepala Bagian Hukum
Dari : Sekretaris Direktorat Jenderal Perhubungan Udara
Perihal : Permohonan Permintaan Usulan Nama Untuk Duduk Sebagai
Tenaga Ahli Pada Article 21 Task Force,
ICAO Legal Committee, 27 September s.d 7 Oktober 2017,
Montreal, Kanada
1. Menunjuk surat Sekretaris Jenderal ICAO Reff: LE4/71-IND/17/13 tanggal 30 Juni
2017 perihal Nomination of One or Two Experts by3\ July 20X1 to Participate in the
Article 21 Task Force, disampaikan bahwa akan diadakan Sidang ICAO Legal
Committe pada tanggal 27 September s.d 7 Oktober 2017 di Kantor Pusat ICAO,
Montreal, Kanada. Sidang sesuai butir 1 (satu) dimaksud, akan membahas mengenai
permasalahan implementasi Pasal 21 Konvensi Chicago 1944 yang telah mengatur
masalah kewajiban negara-negara anggota ICAO untuk melaporkan kepada ICAO
mengenai data-data registrasi dan status kepemilikan pesawat udara yang dilakukan
oleh negara-negara tersebut.
2. Tema mengenai implementasi Pasal 21 Konvensi Chicago 1944 ditetapkan untuk
dibahas pada saat Legal Committe berdasarkan kesepakatan pada Sidang Umum
ICAO Sesi ke-39 sebagai pertimbangan dari Working Paper A39-WP/159 yang
disampaikan oleh Perancis. Perancis memperhatikan bahwa implementasi sistem
ICAO berbasis web yang digunakan untuk pengadaan data terkait registrasi pesawat
udara dan status kepemilikan pesawat udara sesuai ketentuan yang telah diatur dalam
Pasal 21 Konvensi Chicago 1944, telah menimbulkan kesulitan-kesulitan bagi
negara-negara anggota ICAO untuk dapat memenuhi ketentuan yang telah diatur dalam Pasal
21 Konvensi Chicago 1944, sehingga menyebabkan data-data yang diberikan menjadi
tidak lengkap dan tidak akurat. Sebuah perbaikan dari implementasi Pasal 21
Konvensi Chicago 1944 akan dapat memfasilitasi transfer kepemilikan pesawat udara
dari satu negara ke negara lain. Hal ini dapat menjamin status kepemilikan pesawat
udara menjadi dapat dengan lebih mudah untuk dilacak. Kemudahan untuk melacak
status kepemilikan pesawat udara juga akan dapat memberikan dampak yang positif
bagi keselamatan penerbangan.
3. Adapun pada kesempatan pelaksanaan Sidang ICAO Legal Committee kali ini,
Indonesia telah mendapatkan kepercayaan untuk berkesempatan menjadi salah satu
anggota tim Task Force Perumusan Regulasi terkait Implementasi Pasal 21 Konvensi
Chicago 1944, bersama-sama dengan beberapa negara anggota ICAO lainnya.
Kesempatan ini merupakan sebuah peluang yang sangat positif untuk dapat
meningkatkan partisipasi aktif dan citra Indonesia di dunia penerbangan sipil
intemasional. Peluang ini juga dapat digunakan oleh Indonesia untuk mengedepankan
kepentingan nasionalnya di bidang penerbangan sipil.
4. Sehubungan dengan hal-hal tersebut, dimohon agar masing-masing unit kerja dapat
menunjuk 1 (satu) orang perwakilan yang kompeten di bidangnya, sesuai dengan tema
yang akan diangkat dalam Sidang ICAO Legal Commitee. Mengingat adanya
tenggang waktu penyampaian usulan nama kepada ICAO, usulan nama agar dapat
disampaikan kepada Bagian Kerjasama dan Humas paling lambat pada Hari Jumat, 21
Juli 2017, guna proses lebih lanjut.
5. Demikian disampaikan, atas perhatian dan kerjasamanya diucapkan terima kasih.
Jakarta, Juli 2017
SEKRETy^RTS'DIREKTORAT JENDERAL
Ir. M
M.Sc.
PembMiaiJt9m^
Muda / (IV/c)
NIP. 19630521T 98803 1 001
International Civil Aviation Organization Organisation d e I'aviation civile Internationale Organizaci6n d e Aviacibn Civil Internacional MejKflyHapoflnan opraHMsauMfl rpawnaHCKOiii asMauMki
H PS K ffl
Tel.: +1 514-954-8219 ext. 6090 Ref.: LE4/71-IND/17/13Subject: Establishment of the Article 21 Task Force Action required: Nomination of one or two experts by 31 July 2017 to participate in the Article 21 Task Force.
30 June 2017
Sir/Madam,
1. I have the honour to inform you that pursuant to the decision of the Assembly, at its 39th Session
held from 27 September to 7 October 2016, to add the item "Implementation of Article 21 of the
Chicago Convention" as a new Item 8 to the General Work Programme of the Legal Committee, I have decided fo establish a Task Force to undertake work on the subject.
2. For this purpose, I am inviting the following States to constitute the Article 21 Task Force^ Argentina, Bahamas, Botswana, Brazil, Canada, China, Colombia, Republic of Congo, Egypt, Finland, France, Indonesia, Japan, Netherlands, Nigeria, Norway, Oman, Russian Federation, South Africa, Switzerland,
United Arab Emirates, and United States. The following International Organizations are also invited as observers: the International Air Transport Association and the Latin American Association of Air and Space Law.
3. The first meeting of the Article 21 Task Force will be held at ICAO Headquarters in Montreal
from 27 to 29 September 2017. The meeting will be conducted in English only. Assembly Working Paper A39-WP/159 which prompted the Assembly decision is at Attachment A. Additional background information on the implementation of Article 21 is .set out in Attachment B.
You are kindly requested to advise whether your Government or Organization is willing to make available one or two experts to participate in the Task Force and, if so to provide the names, addresses, telephone/facsimile numbers, email addresses and summaries of the qualifications and experience of the nominees by email to LEB@icao.int by 31 July 2017. ^'
Accept, Sir/Madam, the assurances of my highest consideration.
Fang Liu
Secretary General
Enclosures
A —A39-WP/159
B — General information on implementation of Article 21
999 Robert-Bourassa Boulevard Tel.: +1 514-954-8219 Email: icaohq@icao ini lyoiitreal, Quebec Fax: * 1 514-954-6077 www.icao.inl Canada H3C 5H7
ATTACHMENT A to State letter LE 4/71-IND/17/13
o International Civil Aviation Organization
WORKING PAPER A39-WP/159' TE/76, LE/8 9/8/16 Revision No. I 23/8/16
ASSEMBLY —
39THSESSION
TECHNICAL COMMISSION AND LEGAL COMMISSION Agenda Item 35: Aviation safety and air navigation standardization
Agenda Item 47: Other issues to be considered by the Legal Commission
IMPLEMENTATION OF ARTICLE 21 OF THE CHICAGO CONVENTION (Presented by France)
EXECUTIVE SUMMARY
This paper brings to the attention of the Assembly the challenges posed by implementation of Article 21 of the Chicago Convention regarding aircraft ownership information to be provided for changes of registration. An improvement in the implementation of this Article would facilitate aircraft transfers between States. This would ensure better aircraft traceability during their lifetime which could be beneficial for safety.
Action: The Assembly is invited to:
a) call upon Member States to apply Article 21 of the Chicago Convention by taking the necessary internal measures to be able to supply information related to the ownership of aircraft they have registered;
b) request the Council to conduct a study on the compliance of data provided by Member States, either to other Member States or to the ICAO database, with Art. 21 requirement on ownership; and c) request the Council to consider including the subject in the work programme of the ICAO Legal
Committee.
Strategic
Objectives: This working paper relates to Strategic Objectives of Safety. Financial
implications: The cost of the actions suggested should be limited and it is therefore proposed that it be carried out within the available resources of the proposed 2017-18-19 ICAO Regular Programme budget.
References: Doc 7300, Convention on International Civil Aviation
State Letter AN 11/47-10/67 of 24 September 2010
English and French versions were provided by France. (3 pages)
A-2 A39-WP/159
-2-T E / 7 6 , L E / 8 Revision No. 1
1. INTRODUCTION
1.1 Article 21 of the Chicago Convention stipulates that '"Each contracting State undertalces
to supply to any other contracting State or to the International Civil Aviation Organization, on demand, information concerning the registration and ownership of any particular aircraft registered in that State...".
1.2 In the Convention, this provision is part of the chapter on nationality of aircraft, itself placed in the part on "Air Navigation" addressing the principles designed to facilitate navigation, including the change of an aircraft's registration from one State to another.
2. DISCUSSION
2.1 Operators increasingly resort to renting aircratt owned by large mtemational groups specialized in aircraft acquisition and rental, thus making changes of registration more and more frequent. 2.2 However, the change of aircraft registration from one State to another as a result of a change of operator does not necessarily involve a change of owner. The absence of ownership information can cause delays in aircraft registration, with consequences for the operator integrating the aircraft into its fleet.
2.3 This lack of information stems from the fact that a number of States do not comply with
Article 21 of the Chicago Convention (information about the ownership of each aircraft), nor with the Geneva Convention of 19 June 1948 on the international recognition of rights in aircraft when they are a party to it.
2.4 First, the current international rules should therefore be enforced and the States that have ratified these conventions, particularly the Chicago Convention, should be asked to comply with the provisions thereof, including those contained in the Armexes.
2.5 Some States fail to attest to the ownership of aircrafts, as specified in Article 21 of the
Chicago Convention. Some States attest to a "Holder", or an "operator" but not an "Owner". Other States more intriguingly attest to an "Owner" which is not the owner. Others simply do not attest to either an "Owner" or a "Holder". Lastly, some States fail to reply to requests for information sent to them. In many countries, aircraft registers do not cover aircraft ownership which is handled by other administrative services. However, this should not prevent a State from taking measures to be able to respond to requests for information about ownership.
2.6 Currently, when an aircraft is struck off a register, in State A, in order to be registered in State B without any change of owner, the aviation authority of State A sends (by any means such as fax, email, telex) to the aviation authority responsible for the new registration in State B a certificate of
cancellation indicating the owner registered. The registration can therefore easily be changed without the authority in State B needing to request a document establishing the aircraft's ownership, as this verification should have been done by the previous authority in State A. Procedures are therefore extremely simple for an aircraft transfer when the owner is known, in accordance with the above-mentioned international conventions.
2.7 Registration of an aircraft in a State renders it responsible for monitoring and controlling the airworthiness of the aircraft in question.
-3- A39-WP/159
T E / 7 6 , LE/8 Revision No. 1
2.8 In 2010, the ICAO Council asked all the States to supply their registration data by electronic means pursuant to Article 21 of the Chicago Convention (Cf Letter AN 11/47 - 10/67 of 24 September 2010). It appears that the content of the database is not always consistent with the data provided, thus not encouraging States to supply their data.
2.9 It is highly advisable to take action to improve implementation of Article 21 of the Chicago Convention.
ATTACHMENT B to State letter LE 4/71-IND/17/13 GENERAL INFORMATION RELATING TO THE
IMPLEMENTATION OF ARTICLE 21 OF THE CHICAGO CONVENTION
1. Introduction
1.1 The item "Implementation of Article 21 of the Chicago Convention" was included in the General Work Programme of the Legal Committee with priority number eight by decision of the 39th Session of the ICAO Assembly. The decision of the Assembly was based on a unanimous recommendation of the Legal Commission following its consideration of working paper A39-WP/I59, presented by France and supported by all delegations which took the floor.
1.2 In the Legal Commission's deliberations on the matter, it was noted by the presenter of working paper A39-WP/159 that notwithstanding the implementation by ICAO of a web-based system for the provision of pertinent data concerning aircraft registered in a State pursuant to Article 21, States cncounlcicd varying degrees of difficulty in complying with their obligations under Article 21, llic icsult being that information provided through the web-based system was incomplete and unreliable. Noting that the air transport landscape as it related to changes in aircraft ownership and registration had vastly changed since Article 21 was drafted, the presenter suggested that States could benefit from clarification and alignment of the definition of ownership of aircraft and related concepts. It was indicated that the proposed clarification and alignment would not entail an amendment of the Chicago Convention and that there was to be no constraint on the freedom of Contracting States to manage their respective domestic aircraft registration procedures. Some delegations who took the floor were of the view that more effective implementation of Article 21 obligations would promote transparency, improve traceability over the lifetime of aircraft and streamline procedures for transfer of ownership, all of which would benefit the industry. A comment was also made about the importance of referencing all ongoing or completed work that may be relevant to the clarification of ownership and related concepts.
2. Background
2.1 The concepts of nationality and registration of aircraft are addressed in Chapter III of the
Chicago Convention, which comprises Articles 17 - 21. According to Article 17, aircraft have the nationality of the State in which they are registered. Under Article 18, an aircraft cannot be validly
registered in more than one State, but its registration may be changed from one State to another. Article 19 provides that the registration or transfer of registration of aircraft in any contracting State shall be made in accordance with its laws and regulations. Article 20 requires that every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks.
2.2 Registration of an aircraft in a State renders that State (the State of Registry) responsible for
certain safety oversight obligations in connection with the operation of that aircraft except where those obligations have been transferred to another State pursuant to Article S3bis of the Chicago Convention. Thus, in the absence of a valid transfer of these obligations to another State, the State of Registry must ensure that every aircraft listed on its register complies with the laws and regulations that apply to the flight of aircraft (rules of the air. Article 12), regardless of where the aircraft may be operated. In the case of aircraft engaged in international air navigation, the State of Registry is also responsible for the certification of the aircraft's airworthiness (Article 31), radio licensing (Article 30) and crew licensing (Article 32(a)). The necessary certificates and licenses are to be issued by the State of Registry in accordance with the Standards and Recommended Practices (SARPs) established by the ICAO Council.
B-2
2.3 In addition to the above-mentioned safety oversight obligations incumbent upon the State of
Registry of an aircraft, Article 21 of the Chicago Convention, titled "Report of registrations" sets out two distinct reporting obligations for contracting States. First, "[e]ach contracting State undertakes to supply to any other contracting State or to the International Civil Aviation Organization, on demand, information
concerning the registration and ownership of any particular aircraft registered in that State". Second, "each contracting State shall furnish reports to the International Civil Aviation Organization, under such
regulations as the latter may prescribe, giving such pertinent data as can be made available concerning the
ownership and control of aircraft registered in that State and habitually engaged in international air
navigation." (emphasis added).
2.4 Over the years, ICAO has taken steps to facilitate the implementation of the reporting obligations set out in Article 21. With regard to the first part, ICAO exchanges correspondence with
Member States on an ad-hoc basis as and when the need for information concerning the registration and ownership of any particular aircraft arises. With regard to the second part, ICAO has also established a web-based Aircraft Registry System (ARS) to facilitate reporting by States of pertinent data concerning the ownership and control of aircraft carried on their registries. In spite of the foregoing efforts, ICAO has had very little success in collecting aircraft ownership and control data from Member States pursuant to Article 21. The ARS database presently contains aircraft registration data from a handful of States. As of April 2017, the total number of aircraft registered on the ARS was 5,321.
2.5 It has been suggested that this lack of success with the ARS may in turn be attributable, inter
alia, to a lack of clarity among Member States of ICAO as to the nature, scope and/or import of their
reporting obligations under Article 21 of the Chicago Convention, particularly with respect to the requirement to furnish pertinent data concerning the ownership and control of aircraft.
3. The Need for Enhanced Implementation of Article 21
3.1 Article 29 of the Chicago Convention requires that each aircraft of a contracting State
engaged in international air navigation shall carry on board, inter alia, its certificate of registration. Further, Annex 7 - Aircraft Nationality and Registration Marks (hereinafter Annex 7) contains a Standard in its paragraph 7, which requires that "each Contracting State or common mark registering authority shall maintain a current register showing for each aircraft registered by that State or common mark registering authority, the information recorded in the certificate of registration". Under paragraph 8 of Annex 7, the certificate of registration of an aircraft shall be a replica of the model shown in Figure 1 of Annex 7, and shall contain, inter alia, the name(s) of owner(s), the address(es) of owner(s), the State of the operator, and the name of the operator. It may therefore be concluded that under the Chicago Convention and Annex 7, each State is obliged to issue a certificate of registration of aircraft whenever an aircraft is registered. On the contrary, neither the Chicago Convention itself nor Annex 7 mention, require or prescribe a model for a certificate of de-registration of aircraft to be issued by States when an aircratt is de-registered.
3.2 Thus, although under Article 18 an aircraft registered in a state must be de-registered before it can be registered in another state, it would appear that there is no legal obligation under the Chicago Convention or Annex 7 to compel a State to issue a certificate or some other notification of de-registration to another State when an aircraft previously carried on the former State's registry is de-registered. The practice among many States is that when an aircraft is registered in State A, in order for it to be registered in another State (State B), the relevant authorities of State A will send to the authorities responsible for registration in State B a certificate or notification of cancellation, which would normally contain pertinent data concerning the ownership and control of the aircraft. The registration can therefore be easily transferred from State A to State B without the need for the authorities in State B to independently ascertain the ownership and control of the aircraft. Unfortunately, some States only provide to other States information about the "holder" or "operator", but not the "owner" of the de-registered aircraft.
B-3
3.3 With the evolution of global aviation business and operating practices, there has been a significant increase in aircraft leasing transactions around the world, which, in turn, has made transfer of registration of aircraft from one State to the other more frequent. Speedy access to credible data
concerning the ownership and control of aircraft in a centralized platform and on a real-time basis will assist States in quickly effecting transfer of registration of aircraft, thereby facilitating the operations of international air transport operators. Delays in transfer of registration of aircraft may occur in circumstances where such information cannot be readily obtained. Such delays may create detrimental consequences for the aircraft operator in its effort to integrate the aircraft into its fleet. Real-time access to aircraft ownership and control data may also be used in support of efforts to enhance the safety of air navigation.
3.4 Article 21 of the Chicago Convention provides the basis for ICAO to establish such a centralized platform from where Member States may obtain pertinent data concerning the ownership and control of aircraft habitually engaged in international air navigation. Presently, there are commercially available sources of aircraft registry data. However, they are incomplete and there is no obligation
incumbent upon States to list their registered aircraft or the ownership and control data thereof with these services.
4. The ICAO Aircraft Registry System (ARS)
4.1 In November 2010, ICAO launched a web-based Aircraft Registry System (ARS) to facilitate the provision to ICAO of pertinent data concerning registration, ownership and control of
aircraft, pursuant to Article 21. The ARS consists of an online interface hosted on the ICAO-NET secure website where each State may provide pertinent data to ICAO concerning aircraft registered in that State by one of the following means: (a) entering individual aircraft information; (b) bulk uploading of data using a Microsoft Excel template provided on the website; or, (c) using an ICAO accredited service provider to format and send the data to ICAO.
4.2 The object of the ARS is to provide data concerning an aircraft's registration, as specified in the Certificate of Registration, as well as data concerning the ownership and control of registered aircraft. ICAO Member States were duly informed about the launching of the ARS by State Letter
AN 11/47-10/67, dated 24 September 2010. Alongside the launching of the ARS, ICAO also circulated to Member States a set of rules for the provision to ICAO of pertinent data concerning the ownership and control of aircraft registered in a State, pursuant to Article 21 of the Chicago Convention. The rules prescribe the frequency and modalities for States to provide the pertinent data to ICAO. For the purpose of these rules, aircraft that are "habitually" engaged in international air navigation include all aircraft registered in the State, except those specifically limited to domestic operations by the State civil aviation authority.
4.3 The State Letter announcing the launching of the ARS described its establishment as "an important initial step in an international cooperative effort, by providing information to civil aviation authorities that will assist them in preserving the safety of foreign operations within their airspace". To this end, the State Letter declared ICAO's intention to augment the information provided via the ARS with other relevant data, such as a worldwide register of Air Operating Certificates (AOCs). According to the State Letter, each Contracting State is responsible for ensuring that ICAO receives pertinent data concerning aircraft registered in that State, and each contracting State is invited to advise the Secretary General of the official responsible for providing relevant data, pursuant to Article 21.
B-4
4.4 As noted above, the ARS has been in existence since 2010 and yet ICAO has not been able to collect fully from Member States pertinent data concerning the registration, ownership and control of aircraft registered by each of them. Only a handful of aircraft are currently entered on the ARS database and ICAO does not have pertinent data on the ownership and control of aircraft registered by its Member States and habitually engaged in international air navigation. This appears to demonstrate a level of non-compliance among States with the reporting obligations set out in Article 21 of the Chicago Convention.
5. Objectives and methodology of the work
5.1 The overall objectives of work under this item are twofold. It would aim to clarify the nature, scope and import of the reporting obligations assumed by contracting States under Article 21 of the Chicago Convention. Secondly, it will also consider the development of ICAO rules, guidance or recommendations aimed at assisting Member States in an effort to enhance the implementation of their obligations under Article 21 of the Chicago Convention.
5.2 The first task is to undertake a survey to identify existing mechanisms and measures in States (and the challenges inherent therein) for ascertaining and reporting to other States and ICAO pertinent data concerning the registration, ownership and control of aircraft registered by them. A Questionnaire will shortly be disseminated to States for this purpose. Responses will be analysed to determine the extent to which States comprehend the obligations arising from Article 21 and the measures they have
established domestically to fulfil those obligations. Further work will be undertaken to consider the
specific reasons why States are not fulfilling their obligation to provide the data to other States and ICAO, and whether it would be beneficial to develop rules, guidance or recommendations for States as well as the documentary form of such rules, guidance and recommendations. Options for documenting or
promulgating harmonised rules or guidance for uniform application could include a new or amended Annex 7 or guidance material in the form of a new or amendment of an existing ICAO Document, Manual or Circular.
5.3 The outcomes of the survey and the report containing the analyses of the responses will provide the basis for further deliberations in the Task Force.
