ASSEMBLY - TWELFTH SESSION

ECO,li..Ql1IC COMHISSION.

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· Ag~nda Item 22,: The econQmics of air tr~np~~ Gen~~eview of work on economic matters since the last ma,jor Assembly 1and the antici­Pated wprk programme for the ne~ three· years

ICAO COLLABORAIIPN_,WITH THE ~TJROPE~ 'CIVIL AVl4_TION..Q_QNfEREN.QE

Summary: Thi's paper outlines the ~cti vi ties of the European Civil Aviation Conference since 1956 when the developing relationship between 'the ECAC and ICAO emerging from the work of the Conference was reported upon to the lOth session of the Assembly: economic and related problems are reviewed in paragraphs 3-11; technical matters in paragraphs. 12-18; and.the working methods and work programme of the ECAC in paragraph~ 20-23o Facilitation i·s men·cioned in paragraph 19, but only .in general ter~s since ECAC•s developments in this field are separately reported upon in Al2-WP/29, EC/llo I

At its +Oth session "the· cAssembly considered the collabor­ation of the Organization with the ECAC. Resolution AlQ-5 set· out the· 'basis on which this collaboration should proceeda Resolution AlQ-32 approved ICA0 8 s collaboration with the Conference. in the studY of multilateralism in·Eu.:ropean Air Transport. · '

Actions The final .paragraph of this paper suegests that the Assembly. might find it sufficient. merely to note this · reporto

REFERENCES

Report of the ECAC, second i.ntermediate meeting (July 1956) - Doc 7720, ECAC/IM2

Report of the ECAC,·second session·(April/May 1957) ·- Doc,7799, ECAC/2~1 . I

Report of the Legai.Committee on· the Hire 9 Charter and Interchanger of Aircraft­Doc 7822~ LC/141, Annex 6o

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,Agenda' Item 22:

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The econoEE:c.!__o£. ai~~~n.~J?.9.!j:._.t Mlneral r2"172ew of \.rork_...Q.P ~ll!it_!. Jlliit ter~j,nce tq~J-.ru1.:!unpj o.r...Al3JJ~mJ&i. and the ~nti;­cipa~t~ed vrork prot;ramnie for_ t]1~ nez-i_three_.y_@ar~

le Since 1956 ICAO has continued its collaboration '1-Ti th the European Civil Aviation Confe1~ence along the lines indicated :in the Organization'' s work programme for the .rears lS157-1959, sulx;i tted by the Council to the lOth session of the Asse~nLJ.y :md :ipp:coved by the Assembly in Resolution Al0-32e The qonstitutional celationship bet1veen ICAO and the Conference has been maintained satisfactorily in accordance with the provisions of Resolution Al0-5:1 which were accepted by the European Civil Aviation Conferenc;e at its Second Intermediate Meetinff): held in Caracas at the time of the lOth session of the Assembly ..

2e The Conference held its 2nd s.ession in Madrid in April/May 1957, with 18 of its l9'.member States in attendance. The !CAd Secretariat serviced the meeting as a whole; providing Secretaries to the various bodies of the Confer~nce and preparing the basic documentation required in respect of each item of the agenda. The agenda was of wide scope, encompassing commercial rights of intra·-European air transport,in both the scheduled and n6n-sheduled fields; certain special problems related to aircraft interchange and to the airworthiness certification o.f exported aircraft; facili totten matters; technical matters; and the working methods and future work programm.e of the ECAC~. The action taken by the Conference is swnmarized in the follo•ring. paragraphs .. k'A

Sch~duled seryices

,3. . The ECAC has affi.rmed that· one of its basic objectives is the progres-sive and orderly liberalization of intra-European scheduled servicese Persistent endeavours to establish an ~greed basis f9r the multilatera~ exchange of commercial rights for such services have~ hm.rever; 'so far been unsuccessful due largely to the divergence of approach by States to the fundamental questions of capacity control frequency of services and allocation of routes.,· ln the absence of suc·h an agreemen.t the Conference urged member States to adopt a number of liberalizing~easures as interim policy in the granting of comlll,f3rcial rights 9 ·some applicable to scheduled service~ in general and others applicable in particular to all-freight serv·ices and to the carriage of' air mail .. , (ECAC 2nd ~ession - Recommendations Nos .. 26~28). In addition, the Conference has embarked on a study of the provisions of existing

.t The Conference's Report on this interim meeting is published in Doc 7720, ECAC/IM2

JcR The principal developments resuiting from the Jrd session of the ECAC, opening 9 March 1959, will be reported later to the Assembly in an Addendum to this·paper.

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bilateral agreements (excluding, at least for the present, those. relating to capacity and the allocation of routes) W:i. th a view to developing standard clauses acceptable to all ECAC States. Reports on the success of these partial approaches ~o the ex-: change of commercial rights will be reviewed by the ECAC at its Jrd sessiotl ·in March 1959, at \ofhich tclme consideration is due to be given to the possibili tios of further liberalization of intra ... European.scheduled services. ·

Non-scheduled operationa

4. The Multilateral .Agreement on Commercial Rights of Non-$ohedul~d Air Services in Europe, drawn up by the Conference at its 1st session anq, further . ·. developed at a special intermediate meeting ip Apr;l 1956, was opened for signature on 30 April 1956. At the pi'esent time this agreement has been ratified.~· 11 Qf the 19 ECAC States ana· signed by 6 otbere*o The aevelopment of non-schedUlj:}d oper!itfons in Europe was made. the subject of spec:ial study by the ECAC at its 2nd·. session when, as a preliminary to determining what further liberalizing measur.t;ls m~gh;t;. qe taken in this field,· the Conference directed. that a study be Iliade. of the pbssibility of obtaini~g statistics of such 'operations on. a regular basis, (EC~ 2nd session.­RecommendationNo. 30).

Ipterohange of_ Aircraft

Proposed Multilateral Agre'ement

5. At its next session the ECAC will examine· a n draft. mul t~iateral'·agree-ment relftting to certain aspects of the. international operation of civil. aircraft registereld in one State and oper~te'!- by an airline. of, another Sta.te0 , prepared by the ICAO Secreta,riat at the Conferertoe•s· request.- (ECAC 2nd session - Recommf;)~a-tion No. 23}~ .

6o · As. eazoly as the 1954 Conference on the Coordination of Air Transport in Europe (CATE), the ~uropean States .endorsed the principle of aircraft interchange as a possible means of irnprQVing the economy and development of air :~ransport in Elli'ope. That Conference· recommended that its successor; the .ECAC, examine such problems as may be associated with interchange arrangements inEurope, and that.the ICAO Council consider specifically whether interchange arrangeme~ts in general might be facilitated by an international convention defining the legal rules · applicable to the-'.hiring and chartering of aircraft. . . . ' .

7. Subsequent study of the.general problems associated with interchange, remitted by th& CA'IE Conference to the ECAC,p indicated that difficult problems would arise only in cases· where the aircraft interchanged was not accompanied by its crew, and it iEJ thert;l~()re ld th c(t;rt&\in of tlle aspects ot inte~cbange .in '~· ~~r.~umeto~ces

* The following listi'ng of the States comprising the ECAO indicates those that rati~ied (x),. and those that hav$' signed. but not yet ratified (/f'h the Multi ... latera.l A~eement on Commercial Rights of Non-S'che.duled Air Services in Europe&

x Austria II Belgium x :Denmark x Finland

x Franoe If Germany (Fed.Rep.) ·

·Greece· 1i Iceland

! Ireland . Italy · Luxe111l:1ou:t'g

· x Netherlands

x Nol'Wt:\.Y' :X:lortugal x Spain x Sweden

x Switzerland x Turkey-

United Kingdom

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that the proposed agreement· is primarily concerne(it.. The separate study of 'legal rules applicable to the hiring and cflarter;i.ng of aircraft9 ·which the CATE Conference had remitted to.the ICAO Cotmcil, was later extended at the request of the 1st Session of the ECAC to· include particular reference.to the· legal problems that arise when the ftinctions of.the State ,of registry of an aircraft interchanged without crew are transferred to another State., The ICAO Legal Committee~ which undertook this study at the CouncilO s request~ concluded that. such practical diffi­culties as might arise under the Chicago Convention in connection with hire; charter and interchange of aircraft did not appear to warrant amendment of that Convention. It was, in fact, only in cases of interchange without crew that the ConUpi ttee was able to envisage possi~le difficulties~ and even these .the .Committee demonstrated could be· resolved by means alrea,dy available to States., The Committee extended its eXamination to v.arious other international conventions and agreements, but did not foresee any di~ficult problems arising exc~pt in the case of the Warsaw Convention,. and then only J.n cases \-There the aircraft J.nterchanged was accompanied by its crewa:., It was considered that such problems could be more·appropriately dealt with by a separate. convention~ instead of by attempting to amend the existing Warsaw ConVention~ and the· Committee accordingly prepared· the "Draft Convention for the Unification of Certain Rules relating to International-Carriage by Air performed by a Person Other than the Contracting Carrier"***ll which has since been circulated for the views of ICAO Contracting States.·

A: . . . Thusil the operational aspects of aircraft interchange dealt with by the agree-ment are as followss

(:i.) tl:ie issue or validation by the State of registry 'of crew licences provided by the ,State of the operator (Article 2).;

(ii) delegation to the State of the operator by the State of registry of the exercise of functions imposed on. the latter by Annex. 6 to the Chicago Convention (Article 3); and

(iii) certain arrangements to safeguard t~e interest that both the State of registry and the State of the operator can be expected to ,have in any accident investigation involving an interchanged aircraft (Article 4).,

"* In these c~ses problems may ari-se because the Warsaw Convention.~> in its original form and as amended by the Hague Protocol, leaves uncertaing

(a) the respective liabilities of the owner and the· charterer or hirerer under the Convention, in respect of passengers, baggage arid cargo;

(b) the question whether in those provisions of the Convention 1-1hich 'refer, to "the· carrier" P the owner or the charterer or the hirerer. is the person meant.

"* See Report of the Legal Commtttee on the Hire 9 Charter and Interchange of Aircraft (Annex B of Doc 7822, LC/141 ~ Summary of. ·the .work of the Legal Committee during its 11 tli sess~,on).

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Airworthiness Certific~ion of Imported Aircraft

froposed Multil~~£al AgEeement

8. At its next session the ECAG- \..rill. examine a 11 drlift mlll tila teral agree­ment relating to certificates of airworthiness for imported aircraft"~ prepared at the Conference's request by the Secretariat and .subsequently reviewed by an ECAC Study Group. (ECAC 2nd Session ,..;. .Recommendation No. 2,3) ..

9. The proposed Agreement. derives from a proposal made at the 2nd session of the Conference to establ'ish standardized technical conditions for airworthiness certification and to simplify the associated administrative procedures on the occasion of the ·export and import of aircraft between ECAC States~ The 'Agreement~ in establishing certain criteria and procedure&t governing the provision of air-· worthiness certificates in' these cases~ applies only to civil aircraft that ha.ve . been constructed in any State party to the Agreement and· that meet· certain specified conditions. ·

10. The benefit ·conferred by the Agreement consists essentially in the mutual undertaking (assumed with certain safeguards), whereby each State would render valid the existing certificate of airworthiness or~ alternativelyp ·issue ,a certificate .of its· own: in respect of any aircraft complying with the terms of the agreement that is exported to its terri torv and tha.t is subsequently to be entered on its register•

11. The Assembly will find the development of such a multilateral agreement within the ECAC of special i'nterest in the light of' ·cbe -discussions that took place ori this subject at its 4th session in 1950 and of the 'outcome of the resultant Resolution A4-1.3. The pre-requisites of certification linder the proposed ECAC

* Brieri.y,1 the. criteria and procedures prescribed are concerned wi thi

(i)

(ii)

(iii)

(iv)

(v)

the relevimt aircraft_ documents. required on application for certification being made to the importing State· (Article .3);

' . I . .

renewal of the validity conferred on a certificate of airworthiness by a State under the terms of the agreement (Article 4);

the exchange betwe.E3n ·contracting States of details of their air:-­worthiness codes and operati~g regulations (Article 5);

the' suspension and witholding of certification in cer~in circumstances (Article 6); and

the provision by the State of construction of information and advice on t~e original oondi tions of validation and .on such other matters affecting the continuing airworthiness of the aircraft as compulsory modif;icatio~s~ mandatory inspections and certain major repairs (Article 8).

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agreement are· of such a nature that States, in accepting them as a common basis for certification, will, in fact, be demonstrating their mutual co~fidence ·in one anotheras airworthiness codes as substitutes for their own. As far back as 1950 the Assembly, by Resolution A4-13J> directed th:e Council to study,. \vi th special attention to certain aspects, the question of. the recogni tiori for export and import purposes of airwor~hiness certificates issued in compliance with the international standards, with a view to offering a Resolution on this subject to contracti.i1g States. That study was duly undert.:.Jkenll but \..ras discontinued- on the ·oosis of the findings submitted to the Council in March 1952. This decision and the various considerations ~nvolved were reported by the Council to the 6th session of the Assembly (Doc A6-WP/J2 9 · P/6) :~ and it is not without ~nterest to recall here~ as a side-light on· the multilateral approach nm..r. being developed \vithin the ECAC, one of. the prinCipal conclusions reachE!d by. that study& this was "that States iri general desire to prase~ their right to accord automatic recognition only to aircraft built in and certified by certain countries as a result of bilateral agreements or to make recognition contingent upon compliance with requirements additional to those imposed by·the State of-origin." ·

Technical Matters

12. The purely technical considerations of European air transport were not prominent in the deliberations of the 1st sessi.on of the ECAC in 1955. The only matter then discussed and resulting in a recommendation for a9tion specifically in the technical field was the development of .helicopter services withtn Europe~ and here the-Conference,. apart from a general appeal to its member States to. study the needs of this special type of air transport,. contented itself with the broad proposal that the question be placed on the agenda of the next EUMED Regional Meeting ..

l)o At its 2nd session, the Conference reviewed the outcome of certain r~conunendations made to the ICAO Council by the CA'IE Conference concerning the provision· of afr navigation facilities in Europe, as well as of" th~ recommendations relating to helicopter operations, and concludE;ld that further action by the ECAC in respect of these matters was unnecessary for the time b~ing.. At the same session the Conference also examined the possibilities of European co,;.,operation in three specific areas of the teqhnical field, namely (i) aircraft maintenance; · (ii) basic training of flight .personnel; and (iii) train:i.ng of air navigation services ground personnel. ·

Aircraft maintenance

14. In the first of' these areas, the Conference considered it sufficient for the time peing to recmnmend· ·that State~ eliminate difficulties. caused to airlines by the application of national regulations to the mairitenanc.e of aircraft away from the State of regis~ry, arid additionally that they communicate to each other~ through ICAO, ,detailed information on their national regulations gover!+i.ng aircraft main·~ tenance ... (ECAC 2nd session- Recommendation No. 15). ·A report ori the implementation of this recommendation is to be made to the Conference at its )rd session. . . . '

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Ba'Sic training of flight personne;!;

l5o The Conf.erence established' a Study Group to .explore the posf',libili ties of European co-operation in the basic training of flight_ 'person,nelo Specifically the group was directed (i) to analyze the training programmes and, if ~ecessary9 t~e related regul<ltions and practices related to the issue·of licenses by ~emper'States; and (ii) to analyze the training facilities available on a,co-operative.basis., (ECAC .2nd session - Recommendation Noo 16) o · · ·

16o The Study Group, working wi~h the assistance of .the ICAO S~cretariat9 studied these matters at length and a report of its findings including .certain. recommendations for further action is to be conside.red .by the. next f?ession of the Conference., Briefly, and principallyp the Group recommended (i) tha~.:t the admission of foreign students to national training establishments be encourageq; ! . (ii) that special meetings of national authorities concerned with training curricula b~ held with a v:Lm·l to conforming such c_urricula to the ICAO l1anuals. on the InstruinE?~t · . · Rating and on the Training of Aircraft Transport Pilots, as well as. to evaluate . different methods of selection' of flight personnel; and (iii) that consideration be given to the fea si bili ty of training establishinents pooling their resources .to acquire expensive equipment.,

Training of air ~avigation ·services _ground personne~

17. The Conference similarly remitted further study of possible co~operation in the training of air naVigation services t¥'ound p~rsonnel, directing the Study Group tha.t it established for this purpose {i) to. determine the categories of· per­sonnel in the training of which co-operatitin is desir.able~ (ii) to analyze the · training programmes of States relevant. to such categories of' personn,el; apd (iii-) to analyze the training facilities available in each State, to conside.r possibilities of coordinating their use 9 and to recommend ways of making them available on a co~ operative basiso (ECAC 2nd session - Recommendation· No .. 17)o · ·

18. The Study Group~ again working with the assistance of the :tCAO Secretariat_, made an e:xtensive study of the possibilities of European co-operation in t:bis field of training~ focusing particularly on those categories of persormel the training prO­grammes for which appeared most urgently in P;eed of standardization.. In its report to the ne:x:t session of the Conference the Group focuses a ttep.tion on three avenues of co-operations (i) the standardization of trainin~ programmes; (ii) the useof foreign schools and other training facilities; (iii) and the exchange of instructors. The use of .one or more of these measures is commended to States in order to advance the training of. various of the categories of personnel under consideration,. especially air trafflc control personnel~ .meteorologica~ forecasters and ai.r~raft maintenance. mechani~sg · referring specifically to teletype operators,, the Group f'uttl'i~r:proposes that a report on the training or the adaptation of"personnel to.be used :tn the' most modern teletytie stations be 'prepa~ed. 'for the next session of the Confe:;'ence by· those experts that were appointed by European _States to attend the ICAO Special Teletype­writer Panel,. Concerning the specific aids used in the training of personnel_p the Group recommends that~ where these are particularly expensive, the organizatiori·s con­tributing to training in the vari6us European States envisage pooling their 'r.esources and conclude agreements designed to ensure the~roptimum use.,

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l9o At its 2nd sessiol). the Conference 9 not hav:i..ng included an item on Factli-tation in the agenda of its 1st sessiun9 reviewed -the outcome of the various recommendations. made by the.CATE Conference in the 'F.AL field, as well as the progress of implementation of certain. of the -provis:ions of Ann~x 9 to· the Chicago ConV'entiono The Conference then proceeded to exami.ne ways and means of attaining the maximuin degree of facllitation .i.n Europe~) recommending to States a var:!.e'ty of measures to further the facilitation of European air t1~ansport~ (ECAC 2nd ·session .;. Reconnnendations Nos •. ) and'l4). The nature of these recommendations and.the progress of. their implement8 tion since they .were adopted are. rep'orted upon q.t some length to the Assembly in AJ2,qJP/29!l EC/11.. ·

m.4~lJ[Qt£.u&..Me~lwds~ffi.'illJ1.2!-:!f...J?.r..Qg:ramm~.t

20. At its 2nd sessiony the ECAC exainined l·ts general worldng methods, and, lli th the object of enhancing the Confer·'enceo s efficiency)) pr~c~eded to establi.sh a programme of future work, together ·Vi th procedures for its perlod.ic revision and WOrking methodS JUO S t Conducive to t.he progreSS of each indiVidual task.

}igrking m~hoc!ii

21.. While it is unnecessary here to detail these methods9 i.t might be men ... tioned,. as a mat-ter of par~icular relevance to Resolution Al0..5, that the Conference has form3lly recogni~ed the following classifica·tion of bodies available to it in preparing for future sessions_g (i) the ICAO Secretariat (to the extent 'provided under the arrangements established by.ResolU:tion Al0=>5); (ii) individual'member States of the ECAC; (iii.) working groups composed· of representatives o.f member S-tates; . (i.v). expert comnii ttees made available by States; (·w) inter-governmental organizations other than the ECAC and ICAO; and (vi) any other appropriate body or groups of personso

Worl.£...m:.,qg;r~runt~

22.. The structure of the work pr_ogrannne as ul-timately established by the Co11feren.ce is composed of three. parts., The first con·~airts i terns 'which are to receive study in the interval before the Conference • s next session; · ·the second, i terns likely to bec'ome. ripe l'or similar interim study~ but which will not be ac·ti.vely pursued before they so matilre, and the~ only _with the consent of States; and the third, i terns of tmportt;lnce which are likely to~ be taken up at a la. ter session~ and which might be ·entrusted to States or other organizations for prelim-inary studyo . · ·

23~ The- i terns comprising "the first par·t of the work programme as currently ·consti"tuted are those reported upon in paragraphs Jul9 above ..

i: .The w~king methods and ·~o;k.ppogtamme of the ECAC appear in detai.l in Doc., 7799, ECAC/2-l (Part: VI)., " .

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~!L.PZ t~e- Assembl.x

24. ,The broad course of ICA01 s, collaboration vrith the ECAC in its futur~ work is indi'cated in the uork programme of the Organization for the years 1960..1962, presented llri th the budget estimates by the Cotincil to .the Assembly i.n Doc AJ.2o..AD/ The Assembly '.rill be reviewing the individual i terns of this programme 'under the various a:i:r transport; technical and. legal headings of i:ts agenda!) and it is. sug­gested that if any proposals concerning future. collaboration b~tween. ICAO a·nd ECAC on specific projects are to be made these could best .be dealt w1 th as the projects concerned come .under reviell!~ Accord~ngly,·the Assembly might consider it sufficient merely to no·te this particular paper on. ECAC activities,. regarding .it merely as a report supplementing the review made' of, the Organization Is w'ork programme in other· \ororking papers.

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