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13
DELEGATION AGREEMENT BETWEEN IRISH AVIATION AUTHORITY and MINISTRY OF TRANSPORT STATE AUTHORITY OF CIVIL AVIATION OF RUSSIAN FEDERATION on the implementation of Article 83 bis of the Chicago Convention WHEREAS the protocol relating to Article 83 bis of the Convention on International Civil Aviation (Chicago, 1944), to which IRELAND and RUSSIAN FEDERATION are parties, entered into force on 20” June 1997. WHEREAS Article 83 bis, with a view to en- hanced safety, provides for the possibility of transferring to the State of the Operator all or part of the State of Registry’s functions and duties pertaining to Articles 12, 30, 31, and 32 (a) of the Convention; WEREAS, in line with ICAO Document 9642, Part VIII, Chapter 1, and in light of ICAO Document 8335, Chapter 10, it is necessary to establish Dreciselv the international obligations and re- .., ,.. sponsibhties of IRELAND (State of Registration) %a M oTB&TBeHHocrb HpnaHAw (rocynapmao- and RUSSIAN FEDERATION (State. of the Op- PerMcTpaTop) M POCCM~CKOL~ QeAepaqMM (TocyAapcTBo- eh; WHEREAS, with reference to the relevant An- /7pu~u~an 80 e~u~a~ue, YTO B CBFI~M c cooTBeTcT- nexes to the Convention, this agreement organ- BYIO~MMM IlpMnoxeHMnMM K ~asea~~oh KoHBeHtptM ises the transfer from IRELAND to RUSSIAN AaHHoe Cornatuewe o p r a ~ ~ s y e ~ nepeaaqy MpnaHAM- FEDERATION of responsibilities normally carried eh Pocc~hc~oL? QeAepaqw ( ~ ) Y H K ~ M ~ M O~R~~HHOCT out by the State of Registration, as set out in BbinonweMbix O6bNHO rocyaapcTBoM-PerMcTpaTopoM, paragraph 3 below; KaK TO y~asa~o HMxe B naparpa@e3; erator) in accordance with the Convention; 3KCnflyaTaHT) B COOTBeTCTBMM C Ha3BaHHOh KOHBeHgM- The Civil Aviation Authority of IRELAND IRISH AVIATION AUTHORITY Aviation House, Hawkins Street, Dublin 2, Ireland. And MINISTRY OF TRANSPORT STATE AUTHORITY OF CIVIL AVIATION OF RUSSIAN FEDERATION Leningradsky prospect, 37, Moscow, Russia, 125993, Hereinafter referred to as “the Parties“, have agreed as follows based on Articles 33 and 83 bis of the Convention; GENERAL In pursuance of the Chicago Convention and arti- cle 4 and 5 of Statutory Instrument S.1.- 322- of 1989 IRELAND shall be relieved of responsibility in respect or the functions and duties transferred to RUSSIAN FEDERATION upon due publication or notification of this agreement as determined in paragraph (b) of Article 83 bis. r p a w a t i m e AeMaqMoHHbie BnacTM VlpnaHAMn 4 p - Aviation House, Hawkins Street, Dublin 2, Ireland, M rocyAapcTsetiHafi cnyx6a rpawaHcKoh asMaqMM 125993, POCCMFI, JleHMHrpacKMh npocnetcr, 37, naHACKMe ABMa~MOHHble BnaCTM, MMHMCTepCTBa TpaHCnOpTa POCCMhCKOL? QeAepaqMM MOCKBa, B @ l bHeh t ueM MMeHyeMble “CTOPOHaMM” AOrOBOpM- nMCb 0 CJleAylo~eM. OCHOBblBaRCb Ha CTaTbflX 33 M 83 ”611~” ~a3sa~~ofi KOHBeHqMM; BO MCnOnHeHMe L(MKarCK0fi KOHBeH4MM M CTaTeh 4 M 5 A u a S.1.322 OT 1989 roaa, MpnaHAMR 6 y~e~ OCBO6OX- AeHa OT OTBeTCTBeHHOCTM B OTHOWeHMM (t)YHKL(MA M 06ma~enbc~~. nepeAawbix POCCMACKO~ Qenepagm, nocne o n y 6 n ~ ~ o e a ~ ~ f l M m yeeAoMnetiufl 06 TOM Co- rnatueHMM, KaK onpeAeneHo B naparpaae (b) CT~,LM 83 (6~c). 3

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Page 1: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

DELEGATION AGREEMENT BETWEEN

IRISH AVIATION AUTHORITY and MINISTRY OF TRANSPORT STATE AUTHORITY OF

CIVIL AVIATION OF RUSSIAN FEDERATION

on the implementation of Article 83 bis of the Chicago Convention

WHEREAS the protocol relating to Article 83 bis of the Convention on International Civil Aviation (Chicago, 1944), to which IRELAND and RUSSIAN FEDERATION are parties, entered into force on 20” June 1997. WHEREAS Article 83 bis, with a view to en- hanced safety, provides for the possibility of transferring to the State of the Operator all or part of the State of Registry’s functions and duties pertaining to Articles 12, 30, 31, and 32 (a) of the Convention; WEREAS, in line with ICAO Document 9642, Part VIII, Chapter 1, and in light of ICAO Document 8335, Chapter 10, it is necessary to establish Dreciselv the international obligations and re- .., , . . sponsibhties of IRELAND (State of Registration) %a M oTB&TBeHHocrb HpnaHAw (rocynapmao- and RUSSIAN FEDERATION (State. of the Op- PerMcTpaTop) M POCCM~CKOL~ QeAepaqMM (TocyAapcTBo-

eh; WHEREAS, with reference to the relevant An- / 7 p u ~ u ~ a n 80 e ~ u ~ a ~ u e , YTO B CBFI~M c cooTBeTcT- nexes to the Convention, this agreement organ- BYIO~MMM IlpMnoxeHMnMM K ~ a s e a ~ ~ o h KoHBeHtptM ises the transfer from IRELAND to RUSSIAN AaHHoe Cornatuewe o p r a ~ ~ s y e ~ nepeaaqy MpnaHAM- FEDERATION of responsibilities normally carried eh Pocc~hc~oL? QeAepaqw ( ~ ) Y H K ~ M ~ M O ~ R ~ ~ H H O C T ~ ~ , out by the State of Registration, as set out in BbinonweMbix O6bNHO rocyaapcTBoM-PerMcTpaTopoM, paragraph 3 below; KaK TO y ~ a s a ~ o HMxe B naparpa@e 3;

erator) in accordance with the Convention; 3KCnflyaTaHT) B COOTBeTCTBMM C Ha3BaHHOh KOHBeHgM-

The Civil Aviation Authority of IRELAND IRISH AVIATION AUTHORITY Aviation House, Hawkins Street, Dublin 2, Ireland. And MINISTRY OF TRANSPORT STATE AUTHORITY OF CIVIL AVIATION OF RUSSIAN FEDERATION Leningradsky prospect, 37, Moscow, Russia, 125993, Hereinafter referred to as “the Parties“, have agreed as follows based on Articles 33 and 83 bis of the Convention; GENERAL In pursuance of the Chicago Convention and arti- cle 4 and 5 of Statutory Instrument S.1.- 322- of 1989 IRELAND shall be relieved of responsibility in respect or the functions and duties transferred to RUSSIAN FEDERATION upon due publication or notification of this agreement as determined in paragraph (b) of Article 83 bis.

r p a w a t i m e AeMaqMoHHbie BnacTM VlpnaHAMn 4 p -

Aviation House, Hawkins Street, Dublin 2, Ireland, M rocyAapcTsetiHafi cnyx6a rpawaHcKoh asMaqMM

125993, POCCMFI,

JleHMHrpacKMh npocnetcr, 37,

naHACKMe ABMa~MOHHble BnaCTM,

MMHMCTepCTBa TpaHCnOpTa POCCMhCKOL? QeAepaqMM

MOCKBa,

B @lbHehtueM MMeHyeMble “CTOPOHaMM” AOrOBOpM- nMCb 0 CJleAylo~eM. OCHOBblBaRCb Ha CTaTbflX 33 M 83 ”611~” ~ a 3 s a ~ ~ o f i KOHBeHqMM;

BO MCnOnHeHMe L(MKarCK0fi KOHBeH4MM M CTaTeh 4 M 5 A u a S.1.322 OT 1989 roaa, MpnaHAMR 6 y ~ e ~ OCBO6OX- AeHa OT OTBeTCTBeHHOCTM B OTHOWeHMM (t)YHKL(MA M 0 6 m a ~ e n b c ~ ~ . nepeAawbix POCCMACKO~ Qenepagm, nocne o n y 6 n ~ ~ o e a ~ ~ f l M m yeeAoMnetiufl 06 TOM Co- rnatueHMM, KaK onpeAeneHo B naparpaae (b) CT~,LM 83 (6~c) . 3

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Page 2: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

The scope of this agreement shall be limited to AehcTBMe 3~0ro CornatueHm 6 y ~ e ~ pacnpocTpaHmbcR aircraft on the register of civil aircraft of IRELAND Ha CaMOfleTbl, HaxoAmqMecR B PerMcTpe rpqaHcKMx and operated ~ d e r leasing arrangement by Rus- ~03AyWHblX CYAOB MpnaHAMM M a ~ c n n y a ~ ~ p y l o q ~ e c ~ sian Federation Operators whose principal place no nM3MHrOBOMy CornaueHMlo 3 ~ c n n y a ~ a ~ ~ a ~ ~ POC- of business is the RUSSIA. CMhCKOh OeAepaqMM. OCHOBHOe MeCTO &33TeJlbHOCTM

KOTOPblX HaXOAMTCfl B POCCMfiCKOh~OeAepallMM.

DEFINITIONS. - L

Lessor. Registered owner or Operator of the air- ApenAoAaTenb - 3 a p e r ~ c ~ p ~ p o s a ~ ~ b i A C06CTBeHHMK craft MnM OnepaTop CaMoneTa. Lessee. Operator under the A.O.C. on which the APeHAaToP - OnePaToP, 3KcnnYaTMPYKJulMfi CaMOneT leased aircraft is operated. B paMKax CepTMct,MKaTa 3 ~ c n n y a ~ a ~ ~ a . The list of aircraft concerned, identified by type nepeqeHb caMoneToB, noananaloulMx non Cornalumme registration number and serial number, is repro- c y ~ a 3 a ~ ~ e ~ Tuna, PerMcTpauMoHHbix M CepMAHbix HO- duced in the attached Schedule lla). Mepoe npeAmaaneH B npMnaraeMoM flepewe l(a). TRANSFERRED RESPONSlBlLlTlES Under this agreement, the Parties agree that no AaHHoMy CornalueHm CTopoHbi CornacMnMcb 6

IRELAND transfers to RUSSIAN FEDERATION TOM, TO MpnaH@m nepeAaeT POCCMACKOR Oe.qepauw the following responsibilities, including oversight CJX4YloulMe nOnHOMOqMfl, BKrIloqaR pacnopflwTenb- and control, of relevant items contained in the re- Hble M KOHTPOnbHble, nePeqeHb KoToPblX COAepXMTCfl B

spective Annexes to the Convention: COOTBeTCTBylo~MX nyHlcraX npMnOXeHM8 K KOHBeHl.plM:

Annex 1 Personnel Licensing - issuance or validation of li- censes issued or rendered valid by the Ministry of Transport STATE AUTHORITY OF CIVIL AVIATION RUSSIAN FEDERATION. Annex 2 Rules of the Ai r -enforcement of compliant with applicable rules and regulations relating to the flight and manoeuvre of aircraft,

Annex 6 Operation of Aircraft (Part 1 International Com- mercial Air Transport-Aeroplanes - all responsi- bilities which are normally incumbent on the State of Registration. Where responsibilities in Annex 6, Part 1, may conflict with responsibilities in An- nex 8 Airworthiness of Aircraft, allocation of spe- cific responsibilities are defined in the attached Appendix 01

Annex 8 Under this agreement, while the lessor Authority (Ireland) will retain responsibility under the Chi- cago Convention for the regulatory oversight and control of Annex 8 "Ainvorthiness of Aircraft" reg- istered on its register. the responsibility for the maintenance surveillance of leased aircraft, op- erated under the A,O.C. of the lessee is hereby transferred to the State of the Operator (RUSSIA), including Annex 8 part 11. para 4 ((Continuing Ainvorthiness of Aircraft': Annex 8 para 6 "Temporary Loss of Airworthiness" Annex

Page 3: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

8 para 8 "Aircraft Limitations and Information" [Flight Manual]

(Appendix 011 hereunder describes the responsi- bilities of the parties regarding the continuing air- worthiness of aircraft. NO TlFlCA TlON Responsibility for notifying directly any States concerned of the existence and contents of this agreement pursuant to Article 83 bis rests with the State of the Operator, RUSSIA. This agree- ment, as well as any amendments to it, will also be registered with ICAO by the Irish Aviation Authority or the State of the Operator, RUSSIA, as required by Article 83 of the Convention, and in accordance with the Rules for Registration with C A 0 of Aeronautical Agreements and Arrange- ments (ICAO Doc 6685). A certified true copy of this agreement shall be placed on board each aircraft to which this agreement applies. A certified true copy of the Air Operator Certificate (AOC) issued to Ministry of Transport STATE AUTHORITY OF CIVIL AVIATION RUSSIAN FEDERATION in which the aircraft concerned will be duly listed and properly identified, will be carried on board each aircraft.

CO-ORDINA TlON Meeting between Ministry of Transport STATE AUTHORITY OF CIVIL AVIATION RUSSIAN FEDERATION and the Irish Aviation Authority will be arranged as necessary to discuss both opera- tional and airworthiness matters resulting from in- spections that have been conducted by respec- tive inspectors. These meeting may take place at the respective Authorities' offices in Moscow or Dublin. The following subjects may be reviewed during these meetings. - Flight Operations. - Continuing Airworthiness Surveillance and Air- craft Maintenance. Operators Control Manual Procedure as applica-

ble. - Any other significant matter arising from inspec- tions.

Page 4: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

3AKJllQOLIEHME This agreement will enter into force on its date of AaHHoe CornaueHHe 6cnnMT B cvtnv nocne nnnnursl-

~ .. ..-_ signature, and end at the culmination of the re- HMH er0 O ~ ~ M M M CTOPOH~MM M nperparvtr csoe AeAn- spective aircraft leasing arrangements under w e no 3 a ~ e p u e ~ v t ~ WOTseTCTBYlo~(rX ~ H ~ M H ~ O B ~ I X CO- which they are operated. The parties shall agree rnaueHM~, Ha OCHOBaHMM KOTOPblX CaMOneTbl 3Kcnnya- in writing to any modification of this agreement. TMPYH)TCR. - c

AaHHoe cornalueHcwe oao6pe~o M noAnMcaHo This agreement is accepted and signed

' 2002 r., " I,

0115'6 " A ~ r l l 2002~ - -

B AByX MAeHTMqHblX 3K3eMnJlHpaX, K W b l h M3 KOTOPblX BKJlIOWeT B c e 6 ~ TeKCT Ha PYCCKOM vt aHrJlMACKOM R3bl-

in two authentic copies at same time is written on

the real juridical force. Russian and English languages each of them has KaX, vtMeIOulvtx oAMHaKosYlo IOPMAM~eCKy10 cvtny.

For the Civil Aviation Authority of IRELAND (CO CTopoHbl L'lpnatiAcKMx ABMaL(M0HHblX Bna- c-reci)

CO CTopoHbi POCCW~CKWX aslCtaqvtoHHblx enacTek: (For civil Aviation Authority of Russian Federation):

.~ HHCTPaTpaHCnOpTa I r i s h A v i a t l o n A u t h o r i t y ansport of Russian Federa-

-- .B. HepaAbKo Alexander V. Neradko)

ATTACHMENTS: n P M n o X E H ~ [Schedule I@)] Delegated Aircraft Affected by this f7epeveHb I(a) CaMOneTOB. Ha Ko-ropble pacnpocrpaHA- Agreement, eTcn AaHHoe CornaueHMe. (Appendix 011 Responsibilities of IRELAND and npunoxewe 01 PacnpeAeneHne OTseTnseHHocTM RUSSIAN FEDERATION Regarding Aiworthi- Mewy VlpnaHGMeci M P O C C M ~ ~ C K O ~ ~ QeAepaUMe~, Ka- ness. caiowehcs nomepxaww neTt+oci roaHomM caMone-

TOB.

Page 5: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

APPENDIX No 01 I. PURPOSE The purpose of this appendix is to provide de- tailed working arrangements between the Irish Aviation Authority (IAA) of Ireland and the Minis- try of Transport STATE AUTHORITY OF CIVIL AVIATION RUSSIAN FEDERATION to allow them to discharge their responsibilities for the continuing airworthiness of dry leased aircraft whilst been operated in commercial air transpor- tation by Russian operators.

11. IMPLEMENTATION For the implementation, the points of contact of the authorities are the following for all questions regarding Airworthiness, major changes and matter of principles:

Irish Aviation Authority, Aviation House, Hawkins Street, Dublin 2, Ireland, Tel: 00 353-1-6718655, Fax: 00 353-1-6793349

Ministry of Transport of Russian Federation STATE AUTHORITY OF CIVIL AVIATION, Leningradsky prospect, 37, Moscow, Russia, 125993, Department'of Flight Standards, Tel: +7 095 151-27-39,

Fax: -1.7 095 155-57-60. +7 095 155-53-40,

As far as the current activities to be performed in accordance with these procedure are concerned IM inspectors in charge of a specific El- regis- tered aircraft will co-ordinate their specific inter- vention and the necessary exchange of informa- tion related to the present procedures.

Ill. TYPE DESIGN DEFINITION The aircraft must conform to the Type Design ap- proved or otherwise accepted .by the State of Registration Authority The operator's Authority will be responsible for supervising continuous compliance with this re- quirement after delivery for the period the aircraft is being operated by national operator under Irish registration marks.

MpnaHAcKMe AeMaqM-

Aviation House, Hawkins Street, Dublin 2, Ireland, Tel: 00 353-1-6718655, Fax: 00 353-1-6793349.

OHHble BnacTM. rocyBapcTseHHaR cnyx6a rpayqaHcKoR a w a q w MM-

POCCMRCKOR OenepauMM

JleHwirpaacKMR npocnem, 37, nenapTaMew JleTHbix CTaH-

Tel: +7 095 151-27-39, +7 095 155-53-40,

Fax: +7 095 155-57-60.

HMCTepCTBa TpaHCnOpTa

125993, POCCMfl. MOCKBa,

AaPTOB.

Page 6: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

IV. CHANGES TO THE TYPE DESIGN The express permission of the aircraft registered

owner is required prior to the incorporation of any modification.

1. Changes generated by the organisation respon- sible for the Type Design and approved by the State of Design Authority.

Changes generated by the organisation responsi- ble for the Type Design, (typically in the form of aircraft constructor Service Bulletins) and ap- proved by the State of Design Authority aR9 ap- proved for incorporation in the series of aircraft to which the modification relates provided that no deviation from the modification is made.

2. Other changes Changes to the Type Design are classified as major or minor by the State of Design Authority andlor by the State of Registration Authority and approved in accordance with the following proce- dure.

Changes to aircraft shall be approved by the State of Registration Authority for Iris’h registered aircraft. Approval requirements procedures are specified in IAA Aeronautical Notice A6 and A9.

3. Embodiment of approved changes Embodiment on aircraft of the Design Changes approved in accordance with the above proce- dure will be performed by an appropriate ap- proved (accepted) maintenance organisation. Maintenance work shall be carried out and re- leased by personnel licensed or qualified in ac- cordance with Russian Civil Aviation Authority re- quirements.

V. FLIGHT MANUAL The aircraft must be operated within the limita- tions described in the Flight Manual approved by the State of Registration Authority but may include amend- ments approved by the State of the Operator Authority subject 10 their acceptance by the State of Registration Authority.

VI. CONTINUING AIRWORTHINESS In accordance with ICAO Annex 8. the State of Registration Authority shall adopt, or assess and take appropriate actions against, the mandatory airworthiness information issued by the State of Design Authority. The State of registration

Page 7: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

Authority may also issue and make mandatory other airworthiness actions in respect of leased aircraft in addition to those mentioned before.

In application of the principles stated above, leased aircraft must comply with State of Regis- tration ADS or other State of Registration man- datory airworthiness actions or information. The Operator Authority shall ensure that the Lessee is in receipt, in accordance with the system estab- lished by the State of Registration Authority, of all the applicable ADS or other mandatory airworthi- ness actions issued by the State of Registration Authority. In particular for Irish registered aircraft all ADS issued by State of Design applicable to the specific aircraft, products, parts and appli- ances thereof shall apply,

The State of the Operator's Authority will be re- sponsible to ensure that all applicable ADS and other mandatory airworthiness actiorp issued by the State of Registration Authority are properly applied to leased aircraft.

Derogation's to State of Registration Authority ADS or other mandatory airworthiness actions, if requested, will be co-ordinated between IAA and Ministry of Transport of Russian Federation STATE AUTHORITY OF CIVIL AVIATION on case-by-case basis,

The State of the Operator shall ensure that in- service events on the aircraft are reported by the lessee operator to its Authority in accordance with national occurrence reporting system require- ments.

The State of the Operator Authority will be re- sponsible for defining to the operator the type of service information that to be reported to the State of Registration Authority. (ICAO Annex 6 8.5.1. and Annex 8 4.3.8 refer) The document IAA-Aeronautical Notice A 30 (latest issue) de- scribe the type of in-service information, to be re- ported.

The State of the Operator's Authority will ensure that a copy of reports on significant events that affect or could affect the continuing airworthiness of leased aircraft or invalidate their C of A is also

Page 8: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

Registration Authority in order to allow proper cor- rective actions. In such cases, the State of Regis- tration Authority will accept that, in accordance with C A 0 Annex 8 3.6.2, the State of the Opera- tor Authority is entitled to prevent the aircraft from resuming flight subject to the Stale of the Opera- tor Authority advising the State of Registration Authority that they have taken such action.

The State of the Operator Authority shall ensure that lessee operator transmits information on sig- nificant events affecting continuing airworthiness of leased aircraft to the organisation responsible for the type design (ICAO Annex 6 8.5.1. and An- nex 8 4.3.5 refer).

The State of the Operator Authority and the State of Registration Authority will ensure mutual ex- change of information on any result arising from the investigation phases of signific2nt in service event in respect of leased aircraft.

The State of the Operator Authority will ensure that the operator obtains and assesses airworthi- ness information and recommendations available from the type design organisations and imple- ments resulting actions considered necessary by the State of the Operator Authority and the State of Registration Authority ( C A 0 Annex 6 8.5.2. refers).

The State of the Operator Authority will ensure that the operator monitors and assesses mainte- nance and operational experience with respect to continuing airworthiness, flight safety and acci- dent prevention ( C A 0 Annex 6.3.6 and 8.5.1 re- fers). Relevant procedures shall be specified in operator's MME or MCM,

Vll. REPAIRS Application of repairs on aircraft will be made un- der operator's Authority surveillance and respon- sibility according to its usual procedures.

All major repairs, unless contained in the SRM, shall be approved by the State of Design Author- ity and State of Registration Authority. Any dam- age resulting from a major incident should be no- tified to the State of Registration Authority p m

Page 9: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

the embodiment of any repair

rthoritv 6 Wll. MAINTENANCE The State of the Ooerator 311 ensure that the operator Maintenance Management Ex- position (MME) or equivalent Manual (e.g. MCM), and Aircraft maintenance program comply with State of Registration and Operator requirements as specified and laid down in this appendix The State of the Operator Authority shall approve MME or MCM and any revision thereof and en- sure that relevant copies are sent to State of Registration Authority.

Leased aircraft, its engines and equipment, will be maintained in accordance with the State of Reg- istration Authority approved maintenance pro- gramme with the approval of the State of the Op- erator Authority- Any permanent variation (e.g. interval escalation, changes to content and clas- sification of or deletion of maintenance tasks etc) to the aircraft maintenance program Shall be ap- proved by the State of Registration Authority with the agreement of the State of the Operators Authority, The maintenance programme will be based on MRBR, manufacturer recommendations (e.g. MPD), international recognised standards etc. Where a reliability programme forms part of, or is a condition within the approved maintenance schedule approved by the State of Registration and Operator's Authority, the State of the Opera- tor Authority will ensure the reliability programme complies with national procedure and will monitor the effectiveness of such a programme.

The lessee operator shall provide a copy of the aircraft reliability report to the State of Registra- tion Authority. Maintenance and aiworthiness records will be kept by the aircraft operator (lessee) in accor- dance with procedures approved by the State of the Operator Authority. The records will be trans- ferred by the lessee to the lessor at the end the leasing period.

IX. RECORDS The State of Reaistration Authoritv shall ensure _. . . . - that maintenance and in service- records

Page 10: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

documentation relevant to the leased aircraft, as requested by C A 0 Annex 6. part I, accompany or are made available to the lessee at the time of aircraft delivery.

The State of the Operator Authority will ensure that the operator is responsible for maintaining aircraft records and transferring these records to the lessor at the end of the leasing period. The records will include;

a Total time in service for the aircraft and lim- ited components. b Current compliance with all mandatory con- tinuing aiworthiness information. c Details of modifications and repairs. d. Time in service since last overhaul andor last inspection of the aircraft, instruments, equipment and components. e. Current aircraft inspection status. f. Details on maintenance activities performed.

(ICAO Annex 6 parts 1.8.4. & 8.6 . Annex 8 4.3 and sect. 3 of Appendix A to Part Vlll of C A 0 Doc. 9642AN1941 'Continuing Airworthiness Manual" refers).

The State of the Operator Authority shall ensure that lessee operator shall make available these records for the lessor and the State of Registra- tion Authority at the end of the leasing period and for each aircraft Certificate of Airworthiness (CofA) renewal. Authorities will ensure that, at the time of aircraft transfer, presentation of these records is arranged looking at the indications and bearing in mind principles laid down in the Appendix A to Part Vlll of C A 0 Doc. 9642AN/941 "Continuing Airworthi- ness Manual"

Issue, validation, renewal of the aircraft Certificate BblnyCK, yrsepwewe M npomeHwe CepTM@MKaTa

Authority shall be considered an endorsement of crBa-PervlcrpaqMu AOWM noATBepx(qaTbc9 COCTOR- the status of the aircraft documentation and its as- HMeM TexHwecKoh M 3 ~ c n n y a ~ a q ~ o ~ ~ o h AoKyMeHTa- sociated maintenance records. UMM caMoneTa. In the course of the activities leading to the ap- B nepMoA noAroTosKM ~ M ~ M H ~ O B O ~ O CornaueHm, proval of the lease agreement and preceding the npeAwemytowero nocrasKe CaMoneTa ApeHAaTopy. aircraft delivery to the lessee, the IAA and Rus- ~ a 3 ~ a q e ~ ~ b i e wicnewopw MpnawcKMx H Poccmhcwx sian CAA inspectors in charge, with the assis- ABMaqMOHHblX Bnacreh c noMoqbto ApeHAOAaTenR M

tance of the lessor and lessee, will co-ordinate to ApeHAaTOpa B KoopAwiaqMM Apyr c ApyroM rapaHTM- guarantee that the maintenance records and pyto~, TO Ta x e AoKyMeHTauMn, YTO 6bma Mcnonb3o- documentation used for the issuance, BaHa ABHBLp.IOHHHM Bnacrmln roCyAapcT6a- validation, renewal of the aircraft Cediificate of Pemcrpaqw npM BwnycKe, yrsepweww M npomeHw Airworthiness by the State of Registration are CepTM@waTa IleTHoi roAHocm. 6yAeT nepeAaHa those Apewaiopy mfl 0 6 e c n e ~ e ~ ~ t n nopAepmaHMn newoh provided to the lessee for ensuring the continuing roAHocrM MMOneTa B TeYeHHe nepHwa apewu. airworthiness of the aircraft during the lease pe-

Of Airworthiness by the State Of Registration fleTHOh rOAHOCTM ABMaUMOHHblM BnaCTflMM rOCyAap-

4 riod.

c .. ,

Page 11: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

X. FLIGHT OPERATIONS AND AUTHORISATION The State of the Operator Authority shall be re- sponsible for the authorisation of all operations in respect a leased aircraft to be conducted in ac- cordance with State of Registration approved air- craft Flight Manual and Operator's Authority ap- proved Operations Manual.

The Minimum Equipment List for each leased air- craft in accordance with which the aircraft opera- tions may be allowed shall be approved by Op- erators Authority and shall not be less restrictive than the relevant Master Minimum Equipment List approved by the State of Design Authority.

A copy of the operators M.E.L. (Minimum Equip- ment List) including amendment service shall be provided by the aircraft operator to the State of Registration Authority. XI. SURVEILLANCE AND INSPECTION During the terms of a lease, the Stat: of the Op- erator Authority shall accomplish surveillance ac- tivities and inspections in respect of leased air- craft and lessee operator in accordance with its current procedures in order to verify that the air- craft operations is conducted in accordance with the applicable standards of airworthiness, oper- ating requirements and the terms and conditions specified in the present appendix.

Each Authority shall notify the other Authority of ABMaqMoHHble BnacTM O ~ R ~ ~ H J T C R yeeAoMnRTb ~pyry lo any finding or act which affects the validity status CTOPOHY o nlo6blx CseAeHMnx MnM AehcTBMnx. KoTopble of any certificate or documentation issued in re- MOW nOBnMRTb Ha cTaTyc ~ ~ K O H H O C T M nlo6oro cepm- spect of the leased aircraft or the terms and con- @MKaTa MnM AOKyMeHTaqMM OTHOCR~MXCR K apeHAo- ditions of the lease authorisation or the lessee BaHHblM CaMOneTaM MnM nOflOXeHMRM M YCnoBMRM operator. p a 3 p e l u e ~ ~ ~ Ha apeHAy MnM K OnepaTopy ApeHAaio-

pa.

XI/. CERTIFICATE OF AIRWORTHINESS RENEWAL The Certificate of Airworthiness will be renewed by the State of Registration Authority on the basis that the aircraft has been properly maintained and is in condition for safe operation. To this end, State of the Operator Authority shall ensure that maintenance records are available at any time to the State of Registration Authority.

. -

Page 12: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

XIII. CO-OPERATION Each Authority shall ensure that tile other Author- ity is kept informed of ail applicable standards of airworthiness, operating requirements, design- related operational requirements and associated requirements of its State and will consult the other Authority on any proposed changes thereto to the extent that they may affect the implementation of this appendix. Each Authority shall render such assistance as may reasonably be required by the other Authority in carrying out inspections, investigations and other functions in respect of the leased aircraft,

For the Civil Aviation Authority of IRELAND (CO CTOPOHbl I/IPJ~SHACKMX ABM~UMOHH~IX Bna- c ~ e A)

D i r e c t o r

I r i s h A v i a t i o n A u t h o r i t y

M r J o h n N o l a n ,( r #---.--"-A

o l r e c t o r - S a f e t y and R e g u l a t o r y

Xlll. B ~ A M M O ~ E ~ C T B M E AeclaqbIoHHble BnacTcl rapaHTMpymT. w o Apyran CTO- POHa 6yAeT YBeAOMnflTbCfl 060 BCeX IlpMMeHMMblX cTaH,qaprax ner~oiz rontiocrcl, ne-rnbix T~~~OB~HHFIX, fleTHblX ~pe600a~blnx. CBfl3aHHblX. C ~ O H C T P Y K L ( U ~ ~ ~ Ca-

MOfleTa M APYrMX, CBRJaHHblX C 3TMM BOnPOCOM rpe6o- 0aHMRX HX ~ o C Y A ~ P C T B ~ , H ~ Y A Y T X D H @ ~ ~ ~ T M P O B ~ T ~ C R C

,Qpyrofi c ~ o p o ~ o R no 1 7 ~ 6 6 1 ~ npemOXeHHblM u3Me~e- HHRM K HHM B TO^ Mepe, B K ~ K O A OHM MOrYT BflM5lTb Ha Mcnonnenvle ,&a~~oro npMnoxenMn. n e ~ ~ b l e Bnac~vr 6yAYT OKaJblBaTb A P Y ~ O ~ C T O ~ O H ~ He- O ~ X O A M M ~ D nOMOLqb 0 BblnOflHeHMM H H C ~ ~ K Q M ~ ~ , paC- cne,ilosa~Mfi M ApyrHX QYHKUMR B OTHOUleHMM apeHAO- BaHHblX CaMOfleTOB.

Co FTOPOH~I POCCHG~CKMX aBuauMoHHblx s n a c ~ e k : (For Civil Aviation Authority or Russian Federation):

I lepab~R 3 a ~ e c ~ ~ r e n t . M U H M C T P ~ TpaHcnopTa (First Deputy Minister of Transport of Russian Federa- tion)

2002 r.

V. Neradko)

Page 13: of bis of - International Civil Aviation Organization › secretariat › legal › 83bis › 4576-R.pdf · Article 83 bis rests with the State of the Operator, RUSSIA. This agree-

SCHEDULE l(a)

Current Schedule Of Irish Registered Aircraft Types, Registration serial Num- ber and Russian Operators Affected by this Delegation Agreement

' b . . . . . . . . ~ ~ . . ..~

Schedule of Russian Operators Af- . . fected ~ ~ ~ ~~~

~ ...___.._ TRANSAERO ~~ AIRLINES ' r~ . ~~~ . ~~ ~~ ~ ~

~~ . ~~ . ,.... ~ .

..

00 -~ Serial ~ No . 24355 ~.~ . ...

Registration El- CXR . ~ ~~~ ~ . .

This Schedule is effective on 26 March, 2002 but may change from time to time

I CA0 March 26,2002

TIEPEqEHb l(a)

lloma,qalouwx no,q HacTofIUee CornaweHwe

MKAO 26 MapTa 2002 r.