1 international agreements and organisations · air law e5 - proof 2 final book.1 1 10.04.2008...

International Agreements and Organisations 1-1

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1.1 The Convention of ChicagoDuring World War 2, civil aviation experienced a major change because of the enormously increased range and reliability of aircraft. This brought renewed international cooperation for civil aviation even before war had ended. On December 7, 1944, at a convention in Chicago, USA, the pattern was set for the regulation of civil aviation. Initially 52 nations attended and laid down the foundations for the standardisation of operating procedures and navigation practices of international air transport. Such international agreements have to be ratified by the various individual national legislatures. This would take some time, so Chicago established a Provisional International Civil Aviation Organisation (PICAO).

The Convention on international civil aviation came into force on April 4, 1947. The convention agreed on 96 articles concerning civil aviation. The most

important articles were:

1.1.1 General PrinciplesSovereigntyEvery State has complete and exclusive sovereignty over the airspace above its territory.

TerritoryThe territory of a State shall be deemed to be the land areas and territorial waters adjacent under the sovereignty, suzerainty, protection or mandate of such state.

Civil and State Aircraft• This convention shall be applicable only

to civil aircraft, and shall not be applicable to state aircraft

• Aircraft used in military, customs and police services shall be deemed to be state aircraft

• No state aircraft of a contracting State shall fly over the territory of another State or land there, without authorisation by special agreement or otherwise, and in accordance with the terms thereof

• The contracting States undertake, when issuing regulations for their state aircraft, that they will make due regard for the safety of navigation of civil aircraft.

Misuse of Civil AviationEach contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.

1 International Agreements and Organisations

Air Law E5 - Proof 2 FINAL BOOK.1 1 10.04.2008 09:14:35

1-2 International Agreements and Organisations

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1.1.2 Flight over Territory of Contracting StatesRight of Non-Scheduled Flight Each Contracting State agrees that all aircraft of the other Contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each Contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.

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 authorisation of that State, and in accordance with the terms of such permission or authorisation.

Cabotage Each Contracting State shall have the right to refuse permission to the aircraft of other Contracting States to take on, in its territory, passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each Contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any

other State, and not to obtain any such exclusive privilege from any other State

Landing at Customs Airport Except in a case where, under the terms of this Convention or a special authorisation, aircraft are permitted to cross the territory of a Contracting State without landing, every aircraft which enters the territory of a Contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a Contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organisation established under Part II of this Convention for communication to all other Contracting States.

Applicability of Air Regulations Subject to the provisions of this Convention, the laws and regulations of a Contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all Contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.

Rules of the AirEach Contracting State undertakes to adopt measures to ensure that every aircraft flying



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over or manoeuvring within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and manoeuvre of aircraft therein force. Each Contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each Contracting State undertakes to ensure the prosecution of all persons violating the regulations applicable.

Search of Aircraft The appropriate authorities of each of the Contracting States shall have the right, without unreasonable delay, to search aircraft of the other Contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention.

1.1.3 Measures to Facilitate Air NavigationFacilitation of FormalitiesEach contracting State agrees to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting States, and to prevent unnecessary delays to the aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance.

Customs Duty • 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

• Spare parts and equipment imported into the territory of a Contracting State for incorporation in or use on an aircraft of another Contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the articles shall be kept under customs supervision and control.

1.1.4 Conditions to be Fulfilled with Respect to Aircraft

Documents Carried in AircraftEvery aircraft of a contracting State, engaged in international navigation, shall carry the following documents in conformity with the conditions prescribed in this Convention:• Its certificate of registration• Its certificate of airworthiness



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• The appropriate licences for each member of the crew

• Its journey log book• If it is equipped with radio apparatus,

the aircraft radio station license• If it carries passengers, a list of their names

and places of departure and destination• If it carries cargo, a manifest and detailed

declarations of the cargo.

Certificate of Airworthiness Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered.

Licences of Personnel • The pilot of every aircraft and the other

members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licences issued or rendered valid by the State in which the aircraft is registered

• Each Contracting State reserves the right to refuse to recognise, for the purpose of flight above its own territory, certificates of competency and licences granted to any of its national by another Contracting State.

Recognition of Certificates and Licences Certificates of airworthiness and certificates of competency and licences issued or rendered valid by the Contracting State in which the aircraft is registered, shall be recognised as valid by the other Contracting States, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or

above the minimum standards which may be established from time to time pursuant to this Convention.

Cargo Restrictions • No munitions of war or implements of war

may be carried in or above the territory of a State in aircraft engaged in international navigation, except by permission of such State. Each State shall determine by regulations what constitutes munitions of war or implements of war for the purposes of this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the International Civil Aviation Organisation may from time to time make

• Each Contracting State reserves the right, for reasons of public order and safety, to regulate or prohibit the carriage in or above its territory of articles provided that no distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States so engaged; and provided further that no restriction shall be imposed which may interfere with the carriage and use on aircraft of apparatus necessary for the operation or navigation of the aircraft or the safety of the personnel or passengers.

Photographic Apparatus Each Contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory.



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1.1.5 International Standards and Recommended PracticesAdoption of International Standards and ProceduresEach Contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organisation 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 Organisation shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with:• Communication systems and air navigation

aids, including ground marking• Characteristics of airports and landing areas• Rules of the air and air traffic

control practices• Licensing of operating and mechanical

personnel• Airworthiness of aircraft• Registration and identification of aircraft• Collection and exchange of meteorological

information• Log books• Aeronautical maps and charts• Customs and immigration procedures• 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.

Departures from International Standards and Procedures 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 Organisation 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.

Endorsement of Certificates and Licences • Any aircraft or part thereof with respect

to which there exists an international standard of airworthiness 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



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enumeration of the details in respect of which it so failed

• Any person holding a licence who does not satisfy in full the conditions laid down in the international standard relating to the class of licence or certificate which he/she holds shall have endorsed on or attached to his/her licence a complete enumeration of the particulars in which he/she does not satisfy such conditions.

Validity of Endorsed Certificates and Licences No aircraft or personnel having certificates or licences so endorsed shall participate in international navigation, except with the permission of the State or States whose 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.

THE CONTRACTING STATES (190)(As of 30 April 2007) Refer to www.icao.int for latest list of member states.

1.2 The International Civil Aviation Organisation/ICAO

1.2.1 HistoryThe history of ICAO started on 7th December 1944 in Chicago, with the signing of the Convention on International Civil Aviation by 52 States. Pending ratification of the convention by 26 States, the Provisional

International Civil Aviation Organisation (PICAO) was established. It was operated from 6th June 1945 until 4th April 1947. The ratification was received in March 1947, and ICAO was functioning from 4th April 1947.

7th December is celebrated world-wide as International Civil Aviation Day. ICAO works in close cooperation with other members of the United Nations family such as the World Meteorological Organisation, the International Telecommunication Union, the Universal Postal Union, the World Health Organisation and the International Maritime Organisation. Non-governmental organisations which also participate in ICAO’s work include the International Air Transport Association, the Airports Council International, the International Federation of Air Line Pilots’ Associations, and the International Council of Aircraft Owner and Pilot Associations.

1.2.2 The ICAO StructureThe organisation and its objectives is also described in some of the articles:

Name and CompositionAn organisation to be named the International Civil Aviation Organisation is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary.

ObjectivesThe aims and objectives of ICAO 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:



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• Ensure the safe and orderly growth of international civil aviation throughout the world

• Encourage the arts of aircraft design and operation for peaceful purposes

• Encourage the development of airways, airports and air navigation facilities for international civil aviation

• Meet the needs of the people of the world for safe, regular, efficient and economical air transport

• Prevent economic waste caused by unreasonable competition

• Ensure that the rights of Contracting States are fully respected and that every Contracting State has a fair opportunity to operate international airlines

• Avoid discrimination between Contracting States

• Promote safety of flight in international air navigation

• Promote generally the development of all aspects of international civil aeronautics.

The AssemblyThe Assembly is the sovereign body of ICAO. It is composed of representatives from all Contracting States. It meets every three years to discuss the work of the Organisation, set policy for the coming years and vote a triennial (3 year) budget.

The CouncilThe council is the governing body of ICAO. It is elected by the Assembly for a three-year term and are composed of 33 States. The Assembly uses three major headings to choose the Council Member States:• States of chief importance in air transport

• States which make the largestcontribution to the provision of facilities for air navigation

• States whose designation will ensure that all major areas of the world are represented.

The Council is a permanent body responsible to the Assembly. One of the major duties of the Council is to adopt International Standards and Recommended Practices and to incorporate these as Annexes to the Convention on International Civil Aviation. The Council is assisted by the:

The Air Navigation CommissionComposed of 15 members appointed by the Council from nominations received from Contracting States (Technical matters).

The Air Transport CommiteeComposed of members appointed by the council from representatives of Council Member States (Economic matters).

The Commitee on Joint Support of Air Navigation ServicesComposed of not more than 11 nor less than 9 members elected by the Council from representatives of Council Member States.

The Finance Commitee Composed of not more than 13 nor less than 9 members elected by the Council from representatives of Council Member States.

The SecretariatThe Secretariat supplies technical and administrative aid to the governing bodies.



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It is headed by a Secretary General. The secretariat is divided into five main divisions: the Air Navigation Bureau, the Air Transport Bureau, the Technical Cooperation Bureau, the Legal Bureau and the Bureau of Administration and Services. The work of the Secretariat reflects a truly international approach, and professional personnel are recruited on a broad geographical basis. ICAO’s headquarter are located in Montreal.

DutiesThe Council is obliged to adopt international standards and recommended practices (SARPs) which are to be designated as Annexes to the Convention and notified to all contracting States. This is in effect carried out by a sub-body of the Council, namely The Air Navigation Commission. This body also advises the Council concerning the collection and communication to all contracting States of all information which it considers necessary and useful for the advancement of air navigation.

Each contracting State undertakes as far as it is practicable to provide adequate airports, air traffic services, air navigation facilities, aeronautical maps and charts and all other such operational practices.

1.2.3 Regional Structure and OfficesRegional air navigation meetings are held periodically to consider the requirements of air operations in specified areas. These meetings result in the enumeration of facilities and services to be provided by States in the eight regions of ICAO.

When States require it, help is available through the seven ICAO regional offices maintained in:

Bangkok, Cairo, Dakar, Lima, Mexico City, Nairobi and Paris.

These offices have, as their main function, the duty of maintaining, encouraging, assisting, expediting and following up the implementation of the air navigation plans. Help is also available through the Secretariat’s Headquarters in Montreal.

If any Contracting State wishes to propose an amendment to procedures for its region, it should submit the proposal to the Secretary-General through the designated Regional Office for that State.There are eight ICAO Regions:

Africa-Indian Ocean (AFI)Caribbean (CAR)European (EUR)Middle East/Asia (MID/ASIA)North America (NAM)North Atlantic (NAT)Pacific (PAC)South American (SAM)

1.2.4 International Standards and Recommended PracticesThe level of standardisation required for the operation of safe, regular and efficient air services has been achieved by ICAO through the adoption by the Council as Annexes to the Convention on International Civil Aviation of specifications known as International Standards and Recommended Practices (SARPs).



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StandardA Standard is any specification for physical characteristics, configuration, material, performance, personnel or procedures, the uniform application of which is necessary for the safety or regularity of international civil air navigation and to which contracting States will conform in accordance with the Convention.

Recommended PracticeA Recommended Practice is any specification for physical characteristics, configuration, material, performance, personnel or procedures, the uniform application of which is recognised as desirable (not essential) in the interest of safety, regularity or efficiency of international air navigation, and to which contracting States will endeavour to conform

in accordance with the Convention.

1.3 ICAO Publications

1.3.1 AnnexesTotal numbers of annexes are 18 and they are:

1. Personnel LicensingLicensing of flight crews, air traffic controllers and aircraft maintenance personnel.

2. Rules of the AirRules relating to the conduct of visual and instrument flights.

3. Meteorological Service for International Air Navigation Provision of meteorological services for international air navigation and reporting of meteorological observations from aircraft.

4. Aeronautical Charts Specifications for aeronautical charts for use in international aviation.

5. Units of Measurement to be used in Air and Ground Operations Dimensional systems to be used in air and ground operations.

6. Operation of Aircraft Specifications which will ensure, in similar operations throughout the world, a level of safety above a prescribed minimum for:• International Commercial Air

Transport - Aeroplanes• International General Aviation -

Aeroplanes• International Operations - Helicopters

7. Aircraft Nationality and Registration Marks Requirements for registration and identification of aircraft.

8. Airworthiness of AircraftCertification and inspection of aircraft according to uniform procedures.

9. Facilitation Specifications for expediting the entry and departure of aircraft, people, cargo and other articles at international airports.



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10. Aeronautical TelecommunicationsStandardisation of communications equipment and systems and of communications procedures.

Volume I

(Radio Navigation Aids) Volume II

(Communication Procedures including those with PANS status) Volume III

(Part I - Digital Data Communication Systems and Part II - Voice Communication Systems) Volume IV

(Surveillance Radar and Collision Avoidance Systems) Volume V

(Aeronautical Radio Frequency Spectrum Utilization).

11. Air Traffic Services Establishment and operation of Air Traffic Control, flight information and alerting services.

12. Search and Rescue Organisation and operation of facilities and services necessary for search and rescue.

13. Aircraft Accident InvestigationUniformity in the notification, investigation of and reporting on aircraft accidents.

14. Aerodromes Specifications for the design and operations of aerodromes (Volume I) and heliports (Volume II).

15. Aeronautical Information Services Methods for the collection and dissemination of aeronautical information required for flight operations.

16. Environmental Protection Specifications for aircraft noise certification, noise monitoring and noise exposure units for land-use planning (Volume I) and aircraft engine emissions (Volume II).

17. Security Safeguarding International Civil Aviation against Acts of Unlawful Interference. Specifications for safeguarding international civil aviation against acts of unlawful interference.

18. The Safe Transport of Dangerous Goods by AirSpecifications for the labelling, packing and shipping of dangerous cargo.

1.3.2 Procedures for Air Navigation Services (PANS)ICAO also formulates Procedures for Air

Navigation Services (PANS). Following consultation with all Contracting States, they are approved by the Council and recommended for world-wide application. PANS comprise mainly operating practices and often amplify the basic principles in the corresponding SARPs (see next paragraph). To meet the needs peculiar to specific areas, specifications known as Regional Supplementary Procedures have been developed, approved by the Council and recommended to Contracting States for application in the flight information regions to which they are relevant. These procedures



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are additional to, but not in conflict with, existing provisions of the Annexes or PANS.

Standards and Recommended Practices (SARPs)“Standards” are defined as specifications of the uniform application of which is recognised as necessary for the safety or regularity of international air navigation.

“Recommended practices” are, by definition, not mandatory.

Any differences or departures from standards must be notified to the ICAO Council under Article 38 of the Convention.

Procedures for Air Navigation Services (PANS)PANS do not have the same status as SARPs. Whilst the latter are adopted by Council in pursuance of Article 37 of the Convention, PANS are approved by Council and recommended to Contracting States for world-wide application.

Although material contained in PANS may eventually achieve SARP’s status, some of the content may already serve to assist the user in the application of SARPs.

Implementation of PANS is the responsibility of individual States to incorporate ICAO procedures into their own national procedures. Nevertheless, any such differences should still be listed in the country’s Aeronautical Information Publications (AIPs) in accordance with Annex 15.

PANS are contained in Documents as follows:• Doc. No. 4444 - RAC - Rules of the Air and

Air Traffic Services (PANS-ATM)• Doc. No. 8168 - OPS - Aircraft Operations

(PANS-OPS)Vol. I - Flight ProceduresVol. II - Construction of Visual and Instrument Flight Procedures

• Doc. No. 8400 - ABC - ICAO Abbreviations and Codes

• Doc. No. 7030 - Regional Supplementary Procedures.

Regional Supplementary Procedures (SUPPS - Doc. No. 7030)Doc 7030, Regional Supplementary Procedures (SUPPS), forms the procedural part of the Air Navigation Plan developed by Regional Air Navigation (RAN) meetings and covers additional material to PANS-OPS, PANS-ATM and certain Annexes. Like PANS, SUPPS are reviewed by the Air Navigation Commission, then are approved by Council for use only in the Flight Information Regions (FIRs) to which they pertain. Some regional procedures subsequently evolve into world-wide procedures, and become “Standards” or “Recommended Practices” and are then incorporated into Annexes.

National differences or the degree of non-application of the SUPPS are notified in Aeronautical Information Publications (AIP’s).

Technical ManualsTechnical Manuals provide guidance and the information in amplification of the International Standards, recommended



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practices and PANS, the implementation of which they are designed to facilitate.

ICAO CircularsThese Circulars make available specialised information of interest to contracting States. This includes studies on technical subjects.

Air Navigation PlansThese are detailed requirements for facilities and services for international air navigation in the respective ICAO Air Navigation Regions. They are prepared on the authority of the Secretary General on the basis of recommendations of regional air navigation meetings and of the Council action thereon. The plans are amended periodically to reflect changes in requirements and in the status of implementation of the recommended facilities and services.

1.4 Other International Agreements

1.4.1 The International Air Transit- and Air Transport Agreement (Five Freedoms Agreement - Chicago 1944)Near the end of World War II, the nature of the post-war airline industry began to concern the Western Allies. At the Chicago Conference the United States advocated an “open skies” policy. Strongly opposed was Britain, which argued that freedom of the skies actually had five expressions, of which the first was the most important. They were:1) The right of transit - that is, to pass

through the airspace of a country without landing there.

2) The right to make a technical stop in a country, to pick up fuel or to make repairs.

3) The right to discharge passengers at an airport in the country involved.

4) The right to pick up passengers in that country to return them to the country of origin of the airline.

5) The right to discharge passengers in that foreign country and then pick up passengers originating there and carry them to a third country.

Note

(1) and (2) are the International Air Transit Agreement (3) , (4) and (5) are the Air Transport Agreement

Of these purported rights the first four were already in effect. It was what came to be known as “the fifth freedom” that caused heat at the Chicago Conference. This agreement recognised the desirability of a multilateral agreement on commercial air rights between States under which each Contracting State grants to the other Contracting State this “Five Freedoms of

the Air” in respecttacno ta of scheduled international air services. No generally acceptable agreement could be found and consequently the exchange of commercial air rights is determined by bilateral negotiations. The bilateral system is generally considered to have served the international air transport industry well.

The following supplementary freedom rights are not formally recognised in air service agreements, though several Confidential Memoranda of Understanding make implicit



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reference to them especially when dealing with capacity issues. 6) The right to take on passengers or freight

in a second State, carry them via the State of Registration and set them down in a third State.

7) The right to take on passengers or freight in a second State and set them down in another State without the journey beginning, stopping or terminating in the airline’s State of Registration.

8) The right to carry traffic between two points in the same foreign State. This is effectively granting cabotage rights and is rarely given.

9) (Cabotage) The right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as a Ninth Freedom Right of “stand alone cabotage”).

1.4.2 The Conventions of Tokyo, the Hague and MontrealThe need for actions against unlawful acts against the safety of civil aviation became evident in the early 60’s and three ICAO Conventions addressed these problems. A brief summary of these three documents and the most important articles agreed upon was:

The Tokyo Convention on Offences and Certain Other Acts Committed on Board an Aircraft September 14th, 1963 in TokyoThis Convention provides that the State of registration of an aircraft is competent to exercise jurisdiction over offences and acts committed on board. Its object is to

ensure that offences, wherever committed, should not go unpunished. As certain acts committed on board an aircraft may jeopardize the safety of the aircraft or persons or property therein or may jeopardize good order and discipline on board, the aircraft commander and others are empowered to prevent the commission of such acts and to disembark the person concerned. In the case of an anticipated or actual unlawful and forcible seizure of an aircraft in flight by a person on board, the States parties to the Convention are obliged to take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of it.

Only those parts of the Convention, which are applicable to flight crew, have been included in this paragraph.

Scope of the ConventionThis Convention shall apply in respect of:• Offences against penal law• Acts which, whether or not they are

offences, may or do jeopardise the safety of aircraft or of persons or property therein or which jeopardise good order and discipline on board.

Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any State.

For the purposes of this Convention, an aircraft is considered to be in flight from



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the moment when power is applied for the purpose of take-off until the moment when the landing run ends.

This Convention shall not apply to aircraft to be used in military, customs or police services.

Without prejudice to the provisions of Article 4 and except when the safety of aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as authorising or requiring any action in respect of offences against penal laws of a political nature or those based on racial or religious discrimination.

JurisdictionThe State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.

Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registration over offences committed on board aircraft registered in such State.

This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

A Contracting State, which is not the State of registration, may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board except in the following cases:• The offence has effect on the territory

of such State

• The offence has been committed by or against a national or permanent resident of such State

• The offence is against the security of such State

• The offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in force in such State

• The exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement.

Powers of the Aircraft CommanderThe provisions of this Chapter shall not apply to offences and acts committed, or about to be committed, by a person on board an aircraft in flight in the airspace of the State of registration or over the high seas or any other area outside the territory of any State unless the last point of take-off or the next point of intended landing is situated in a State other than that of registration, or the aircraft subsequently flies in the airspace of a State other than that of registration with such person still on board.

An aircraft shall for the purposes of this Chapter, be considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the provisions of this Chapter shall continue to apply with respect to offences and acts committed on board until competent authorities of a State take over the responsibility of the aircraft and for the person and property on board.
