Article 36 Photographic apparatus Adoption of international standards and procedures Departures from international standards and procedures Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory. CHAPTER VI INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES Article 37 Each contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with: (a) Communications systems and air navigation aids, including ground marking; (b) Characteristics of airports and landing areas; (f) Registration and identification of aircraft; (g) Collection and exchange of meteorological information; (h) Log books; (i) Aeronautical maps and charts; (j) Customs and immigration procedures; (k) Aircraft in distress and investigation of accidents; and such other matters concerned with the safety regularity, and efficiency of air navigation as may from time to time appear appropriate. Article 38 Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or more features of an international standard and the corresponding national practice of that State. Article 39 of certificates (a) Any aircraft or part thereof with respect to which Endorsement there exists an international standard of airworthiness and licenses or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed. (b) Any person holding a license who does not satisfy in full the conditions laid down in the international standard relating to the class of license or certificate which he holds shall have endorsed on or attached to his license a complete enumeration of the particulars in which he does not satisfy such conditions. Article 40 endorsed No aircraft or personnel having certificates or licenses Validity of so endorsed shall participate in international navigation, certificates except with the permission of the State or States whose and licenses territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported. Article 41 The provisions of this Chapter shall not apply to aircraft and aircraft equipment of types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of an international standard of airworthiness for such equipment. Article 42 The provisions of this Chapter shall not apply to personnel whose licenses are originally issued prior to a date one year after initial adoption of an international standard of qualification for such personnel; but they shall in any case apply to all personnel whose licenses remain valid five years after the date of adoption of such standard. Recognition of existing standards of air worthiness Recognition of ards of competency of existing stand personnel Name and composition Objectives Permanent seat First meeting of Assembly PART II-THE INTERNATIONAL CIVIL CHAPTER VII THE ORGANIZATION Article 43 An organization to be named the International Civil Aviation Organization is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary. Article 44 The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to: (a) Insure the safe and orderly growth of international civil aviation throughout the world; (b) Encourage the arts of aircraft design and operation for peaceful purposes; (c) Encourage the development of airways, airports, and air navigation facilities for international civil aviation; (d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; (e) Prevent economic waste caused by unreasonable competition; (f) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; B gation; Avoid discrimination between contracting States; (i) Promote generally the development of all aspects of international civil aeronautics. Article 45 The permanent seat of the Organization shall be at such place as shall be determined at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944.1 The seat may be temporarily transferred elsewhere by decision of the Council. Article 46 The first meeting of the Assembly shall be summoned by the Interim Council of the above-mentioned Provi 1 The permanent seat has been established at Montreal, Canada. sional Organization as soon as the Convention has come into force, to meet at a time and place to be decided by the Interim Council. Article 47 The Organization shall enjoy in the territory of each Legal capacity contracting State such legal capacity as may be necessary for the performance of its functions. Full juridical personality shall be granted wherever compatible with the constitution and laws of the State concerned. CHAPTER VIII THE ASSEMBLY Article 48 (a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinary meetings of the Assembly may be held at any time upon the call of the Council or at the request of any ten contracting States addressed to the Secretary General.2 (b) All contracting States shall have an equal right to be represented at the meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates representing contracting States may be assisted by technical advisers who may participate in the meetings but shall have no vote. (c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast. Article 49 Powers and duties of The powers and duties of the Assembly shall be to: (a) Elect at each meeting its President and other Assembly officers; (b) Elect the contracting States to be represented on the Council, in accordance with the provisions of Chapter IX; (c) Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council; (d) Determine its own rules of procedure and establish such subsidiary commissions as it may consider to be necessary or desirable; (e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with the provisions of Chapter XII; (f) Review expenditures and approve the accounts of the Organization; On December 12, 1956, there came into force an amendment to 48(a) providing for an Assembly meeting once every 3 years instead of annually. See protocol, post p. 401. Composition and election of Council President of (g) Refer, at its discretion, to the Council, to subsidiary commissions, or to any other body any matter within its sphere of action; (h) Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the Organization and revoke or modify the delegations of authority at any time; (i) Carry out the appropriate provisions of Chapter XIII; (j) Consider proposals for the modification or amendment of the provisions of this Convention and, if it approves of the proposals, recommend them to the contracting States in accordance with the provisions of Chapter XXI; (E) Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council. CHAPTER IX THE COUNCIL Article 50 (a) The Council shall be a permanent body responsible to the Assembly. It shall be composed of twentyone contracting States elected by the Assembly. An election shall be held at the first meeting of the Assembly and thereafter every three years, and the members of the Council so elected shall hold office until the next following election. (b) In electing the members of the Council, the Assembly shall give adequate representation to (1) the States of chief importance in air transport; (2) the States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation; and (3) the States not otherwise included whose designation will insure that all the major geographic areas of the world are represented on the Council. Any vacancy on the Council shall be filled by the Assembly as soon as possible; and contracting State so elected to the Council shall hold office for the unexpired portion of its predecessor's term of office. (c) No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service. Article 51 The Council shall elect its President for a term of three years. He may be reelected. He shall have no vote. The Council shall elect from among its members |