Convention on International Civil Aviation

Last updated

Chicago Convention
Convention on International Civil Aviation
Signature-OACI-Max-Hymans.JPG
Signature of the Chicago Convention
Signed7 December 1944
Location Chicago, Illinois, United States (See Hilton Chicago#The Stevens Hotel last paragraph)
Effective4 April 1947
Condition26 ratifications
Parties193 [1] (Cook Islands and all United Nations members except Liechtenstein)
Depositary Government of the United States of America
LanguagesEnglish, French, Russian and Spanish

The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating international air travel. [2] The Convention establishes rules of airspace, aircraft registration and safety, security, and sustainability, and details the rights of the signatories in relation to air travel. The convention also contains provisions pertaining to taxation.

Contents

The document was signed on December 7, 1944, in Chicago by 52 signatory states. [3] It received the requisite 26th ratification on March 5, 1947, and went into effect on April 4, 1947, the same date that ICAO came into being. In October of the same year, ICAO became a specialized agency of the United Nations Economic and Social Council (ECOSOC). The convention has since been revised eight times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and 2006). [2]

As of March 2019, the Chicago Convention had 193 state parties, which includes all member states of the United Nations except Liechtenstein. The Cook Islands is a party to the Convention although it is not a member of the UN. [1] The convention has been extended to cover Liechtenstein by the ratification of Switzerland. [4]

Main articles

Some important articles are:

Article 1: Every state has complete and exclusive sovereignty over airspace above its territory.

Article 3 bis: Every other state must refrain from resorting to the use of weapons against civil aircraft in flight.

Article 5: The aircraft of states, other than scheduled international air services, have the right to make flights across state's territories and to make stops without obtaining prior permission. However, the state may require the aircraft to make a landing.

Article 6: (Scheduled air services) No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State.

Article 10: (Landing at customs airports): The state can require that landing to be at a designated customs airport and similarly departure from the territory can be required to be from a designated customs airport.

Article 12: Each state shall keep its own rules of the air as uniform as possible with those established under the convention, the duty to ensure compliance with these rules rests with the contracting state.

Article 13: (Entry and Clearance Regulations) A state's laws and regulations regarding the admission and departure of passengers, crew or cargo from aircraft shall be complied with on arrival, upon departure and whilst within the territory of that state.

Article 16: The authorities of each state shall have the right to search the aircraft of other states on landing or departure, without unreasonable delay.

Article 24: Aircraft on a flight to, from, or across the territory of another contracting State shall be admitted temporarily free of duty, subject to the customs regulations of the State. Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of a contracting State, on arrival in the territory of another contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges. This exemption shall not apply to any quantities or articles unloaded, except in accordance with the customs regulations of the State, which may require that they shall be kept under customs supervision.

Article 29: Before an international flight, the pilot in command must ensure that the aircraft is airworthy, duly registered and that the relevant certificates are on board the aircraft. The required documents are:

Certificate of registration
Certificate of airworthiness
Passenger names, place of boarding and destination
Crew licenses
Journey Logbook
Radio Licence
Cargo manifest

Article 30: The aircraft of a state flying in or over the territory of another state shall only carry radios licensed and used in accordance with the regulations of the state in which the aircraft is registered. The radios may only be used by members of the flight crew suitably licensed by the state in which the aircraft is registered.

Article 32: The pilot and crew of every aircraft engaged in international aviation must have certificates of competency and licensees issued or validated by the state in which the aircraft is registered.

Article 33: (Recognition of Certificates and Licences) Certificates of airworthiness, certificates of competency and licensees issued or validated by the state in which the aircraft is registered, shall be recognized as valid by other states. The requirements for the issuing of those certificates or airworthiness, certificates of competency or licensees must be equal to or above the minimum standards established by the convention.

Article 40: No aircraft or personnel with endorsed licenses or certificate will engage in international navigation except with the permission of the state or states whose territory is entered. Any license holder who does not satisfy international standard relating to that license or certificate shall have attached to or endorsed on that license information regarding the particulars in which he does not satisfy those standards.

Annexes

The convention is supported by nineteen annexes containing standards and recommended practices (SARPs). The annexes are amended regularly by ICAO and are as follows:

Licensing of flight crews, air traffic controllers & aircraft maintenance personnel. Including Chapter 6 containing medical standards.
Part I – Digital Data Communication Systems
Part II – Voice Communication Systems

Annex 5, Units of Measurement to be Used in Air and Ground Operations, named in its Table 3-3 three "non-SI alternative units permitted for temporary use with the SI": the foot (for vertical distance = altitude), the knot (for speed), and the nautical mile (for long distance).

Kerosene tax

Tank truck at Schiphol Airport. Refuelling can be taxed throughout the EU. Aircraft fueling vehicle.jpg
Tank truck at Schiphol Airport. Refuelling can be taxed throughout the EU.

Article 24 of the Chicago Convention stipulates that when flying from one contracting state to another, the kerosene that is already on board aircraft may not be taxed by the state where the aircraft lands, nor by a state through whose airspace the aircraft has flown. [6] :16,22 This was intended to prevent double taxation. [6] :22 However, there is no tax regulation in the Chicago Convention to refuelling the aircraft before departure. [6] :16

The Chicago Convention does not preclude a kerosene tax on domestic flights and on refueling before international flights. [6] :16 Although the ICAO has produced various policy documents suggesting that no taxes of any kind should be placed on aviation fuel, [note 1] none of these are legally binding, and they are not found in the Chicago Convention itself. [6] :22–23

Although there are numerous bilateral agreements, so-called 'air services agreements', which make more extensive agreements, including often tax exemption when refueling an aircraft that has come from another contracting state, these are independent from the Chicago Convention; moreover, some air services agreements do allow for the taxation of fuels. [6] :6–7

See also

Notes

  1. For example, a 1999 resolution of the ICAO Council stated: "fuel ... taken on board for consumption by an aircraft from a contracting state in the territory of another contracting State departing for the territory of any other State shall be exempt from all customs or other duties..." It broadly interpreted the scope of the Article 24 exemption to include "import, export, excise, sales, consumption and internal duties and taxes of all kinds levied upon... fuel". The stated reasons for these kerosene tax exemptions were: "[T]he imposition of national or local taxes on the acquisition of fuel... may have an adverse economic and competitive impact on international air transport operations. (...)". [7] This resolution was not legally binding. [6] :23

Related Research Articles

<span class="mw-page-title-main">International Civil Aviation Organization</span> Specialised agency of the United Nations

The International Civil Aviation Organization is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international air transport to ensure safe and orderly growth. The ICAO headquarters are located in the Quartier International of Montreal, Quebec, Canada.

<span class="mw-page-title-main">Commercial aviation</span> Transport system providing air transport for hire

Commercial aviation is the part of civil aviation that involves operating aircraft for remuneration or hire, as opposed to private aviation.

<span class="mw-page-title-main">Private pilot licence</span> Type of pilot license

A private pilot licence (PPL) or private pilot certificate is a type of pilot licence that allows the holder to act as pilot in command of an aircraft privately. The basic licence requirements are determined by the International Civil Aviation Organization (ICAO), but implementation varies from country to country. According to ICAO, an applicant must be at least 17 years old, demonstrate appropriate knowledge and skill, and hold at least a Class 2 medical certificate. Different PPLs are available for different categories of aircraft, such as aeroplane, helicopter, airship, etc, and are not interchangeable, although experience from a PPL in one category may be credited towards the issue of another.

<span class="mw-page-title-main">European Union Aviation Safety Agency</span> European Union civil aviation authority

The European Union Aviation Safety Agency (EASA) is an agency of the European Union (EU) with responsibility for civil aviation safety. It carries out certification, regulation and standardisation and also performs investigation and monitoring. It collects and analyses safety data, drafts and advises on safety legislation and co-ordinates with similar organisations in other parts of the world.

Pilot licensing or certification refers to permits for operating aircraft. Flight crew licences are issued by the civil aviation authority of each country, which must establish that the holder has met minimum knowledge and experience before issuing licences. The licence, along with the required class or type rating, allows a pilot to fly aircraft registered in the licence issuing state.

The Paris Convention of 1919 was the first international convention to address the political difficulties and intricacies involved in international aerial navigation. The convention was concluded under the auspices of the International Commission for Air Navigation. It attempted to reduce the confusing patchwork of ideologies and regulations which differed by country by defining certain guiding principles and provisions, and was signed in Paris on 13 October 1919.

<span class="mw-page-title-main">Flight dispatcher</span> Flight planning and management specialist within the operations centre of an airline

A flight dispatcher assists in planning flight paths, taking into account aircraft performance and loading, enroute winds, thunderstorm and turbulence forecasts, airspace restrictions, and airport conditions. Dispatchers also provide a flight following service and advise pilots if conditions change. They usually work in the operations center of the airline. In the United States and Canada, the flight dispatcher shares legal responsibility with the commander of the aircraft.

The International Aviation Safety Assessment Program is a program established by the U.S. Federal Aviation Administration (FAA) in 1992. The program is designed to evaluate the ability of a country's civil aviation authority or other regulatory body to adhere to international aviation safety standards and recommended practices for personnel licensing, aircraft operations and aircraft airworthiness.

<span class="mw-page-title-main">Airworthiness</span> Measure of an aircrafts suitability for safe flight

In aviation, airworthiness is the measure of an aircraft's suitability for safe flight. Initial airworthiness is demonstrated by a certificate of airworthiness issued by the civil aviation authority in the state in which the aircraft is registered, and continuing airworthiness is achieved by performing the required maintenance actions.

<span class="mw-page-title-main">Type rating</span> Certification of an airplane pilot to fly a certain type of aircraft

A type rating is an authorization entered on or associated with a pilot license and forming part thereof, stating the pilot's privileges or limitations pertaining to certain aircraft type. Such qualification requires additional training beyond the scope of the initial license and aircraft class training.

<span class="mw-page-title-main">Aircraft maintenance</span> Performance of tasks which maintain an aircrafts airworthiness

Aircraft maintenance is the performance of tasks required to ensure the continuing airworthiness of an aircraft or aircraft part, including overhaul, inspection, replacement, defect rectification, and the embodiment of modifications, compliance with airworthiness directives and repair.

<span class="mw-page-title-main">Civil Aviation Authority of Bangladesh</span>

Civil Aviation Authority of Bangladesh (CAAB) functions as the regulatory body for all aviation related activities in Bangladesh. It is the civil aviation authority operating under the Ministry of Civil Aviation & Tourism. All nine operational airports are operated by the CAAB. A member of International Civil Aviation Organization, it has signed bilateral air transport agreement with 52 states. It is headquartered in Kurmitola, Dhaka.

The Aeronautical Information Service, or AIS is a service established in support of international civil aviation, whose objective is to ensure the flow of information necessary for the safety, regularity, and efficiency of international air navigation.

<span class="mw-page-title-main">Civil aviation</span> All non-military aviation

Civil aviation is one of two major categories of flying, representing all non-military and non-state aviation, both private and commercial. Most countries in the world are members of the International Civil Aviation Organization and work together to establish common Standards and Recommended Practices for civil aviation through that agency.

A civil aviation authority (CAA) is a national or supranational statutory authority that oversees the regulation of civil aviation, including the maintenance of an aircraft register.

<span class="mw-page-title-main">Directorate General of Civil Aviation (India)</span> National civil aviation authority of the Government of India

The Directorate General of Civil Aviation (DGCA) is a statutory body of the Government of India to regulate civil aviation in India. It became a statutory body under the Aircraft (Amendment) Act, 2020. The DGCA investigates aviation accidents and incidents, maintains all regulations related to aviation and is responsible for issuance of licenses pertaining to aviation like PPL's, SPL's and CPL's in India. It is headquartered along Sri Aurobindo Marg, opposite Safdarjung Airport, in New Delhi. The Government of India is planning to replace the organisation with a Civil Aviation Authority (CAA), modelled on the lines of the American Federal Aviation Administration (FAA).

Flight permits are permits or permission required by an aircraft to overfly, land or make a technical stop in any country's airspace. All countries have their own regulations regarding the issuance of flight permits as there is generally a payment involved. The charges normally payable would be the Route Navigation Facility Charges or RNFC for overflights and also landing and parking charges in case of aircraft making halts. The procedure for issuance of these permits also varies from country to country. More details regarding these can be taken from the respective country's civil aviation authority websites.

The General Civil Aviation Authority (GCAA) is the civil aviation authority of the United Arab Emirates (UAE). Its head office is in Al Rawdah, Abu Dhabi.

<span class="mw-page-title-main">Aircraft design process</span> Establishing the configuration and plans for a new aeroplane

The aircraft design process is a loosely defined method used to balance many competing and demanding requirements to produce an aircraft that is strong, lightweight, economical and can carry an adequate payload while being sufficiently reliable to safely fly for the design life of the aircraft. Similar to, but more exacting than, the usual engineering design process, the technique is highly iterative, involving high-level configuration tradeoffs, a mixture of analysis and testing and the detailed examination of the adequacy of every part of the structure. For some types of aircraft, the design process is regulated by civil airworthiness authorities.

<span class="mw-page-title-main">Civil Aviation Authority of Fiji</span>

The Civil Aviation Authority of Fiji (CAAF) is the civil aviation authority in the Republic of Fiji and is responsible for discharging functions on behalf of the Government of Fiji under the States responsibility to the Convention on International Civil Aviation, also known as the Chicago Convention on International Civil Aviation Organization (ICAO). CAAF regulates the activities of airport operators, air traffic control and air navigation service providers, airline operators, pilots and air traffic controllers, aircraft engineers, technicians, airports, airline contracting organisations and international air cargo operators in Fiji.

References

  1. 1 2 "Signatories to the Convention" (PDF). International Civil Aviation Organization. 2019. Retrieved 5 June 2021.
  2. 1 2 "Convention on International Civil Aviation". International Civil Aviation Organization. Doc 7300. Retrieved 5 June 2021.
  3. "What Is The Chicago Convention And Why Does It Matter?". Simple Flying. 4 July 2019. Retrieved 16 January 2021.
  4. Switzerland made the following declaration upon ratification: "My Government has instructed me to notify you that the authorities in Switzerland have agreed with the authorities in the Principality of Liechtenstein that this Convention will be applicable to the territory of the Principality as well as to that of the Swiss Confederation, as long as the Treaty of 29 March 1923 integrating the whole territory of Liechtenstein with the Swiss customs territory will remain in force": Convention on International Civil Aviation: Treaty status.
  5. "Annex 2 to the Convention on International Civil Aviation: Rules of the Air" (PDF). International Civil Aviation Organization. 19 November 2009. Archived (PDF) from the original on 25 November 2013.
  6. 1 2 3 4 5 6 7 8 Jasper Faber and Aoife O’Leary (November 2018). "Taxing aviation fuels in the EU" (PDF). CE Delft. Transport and Environment . Retrieved 14 June 2020.
  7. ICAO’s Policies on Taxation in the Field of International Air Transport, ICAO Doc. 8632-C/968, 3d rd. (2000)

Bibliography

Paul Michael Krämer, Chicago Convention, 50th Anniversary Conference, Chicago, October 31 – November 1, 1994. Zeitschrift für Luft und Weltraumrecht 1995, S. 57.