The Application of Chicago Convention Article 83 bis in Malta

The Convention on International Civil Aviation signed in Chicago in 1944 (the “Chicago Convention”) establishes a wide-ranging set of international rules on issues including aircraft airworthiness and operation, licensing and the recognition of each nation’s sovereignty over its domestic airspace. The International Civil Aviation Organisation (the “ICAO”) is responsible for overseeing and administering the Chicago Convention.

Article 83 bis of the Chicago Convention provides for the transfer of certain functions and duties from the State of registry to the State of the operator of an aircraft, clarifies safety responsibilities, simplifies procedures and thereby enhances aviation safety. Article 83 bis assists with the structuring of cross-border aviation transactions by providing a mechanism for ensuring safety oversight of an aircraft that is operated from another State. In fact, under the convention, the state of operation of an aircraft regulates commercial operation of aircraft by operators supervised by it, whereas the state of the aircraft’s registration is responsible for both ensuring that aircraft registered with it comply with Chicago Convention operating rules and operate safely.

For an operator to take advantage of the benefits of an Article 83 bis Agreement, the State of registry and the State of the operator must first establish such an Agreement.

Transport Malta, the authority overseeing transport in Malta, is “in charge” of the National Aircraft Registry (the “NAR”). The NAR uses a single registry system – nonetheless, the NAR does implement, when requested, the Article 83 bis arrangements under the Chicago Convention, since Malta is an ICAO Member State. This is in line with Article 46 of the Air Navigation Act (Cap. 641 of the Laws of Malta) which implements article 83bis of the Chicago Convention and states that in view of this Article:

• The terms of the Air Navigation Act shall apply to foreign-registered aircraft operated by a Maltese operator and to persons performing any functions or duties in respect of that aircraft;
• The terms of the Air Navigation Act shall not apply to a Maltese aircraft operated by a foreign operator or to persons performing any functions or duties in respect of the aircraft;
• If the responsibility set under the Chicago Convention to issue or to render valid a certificate of airworthiness for a Maltese aircraft is transferred to another Contracting State, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer;
• The registered owner of the aircraft shall surrender the certificate of airworthiness to the Director General, when notified by the Director General that an agreement in accordance with Article 83 bis has been entered into, within seven (7) days after the coming into force date of the agreement;
• Upon termination of a transfer to another Contracting State in accordance with Article 83 bis, of the responsibility to issue or to render valid a certificate of airworthiness for a Maltese aircraft, the Director General shall reinstate the certificate of airworthiness if the registered owner of the aircraft complies with the requirements on airworthiness of Air Navigation Act;
• If an agreement for the lease, charter or interchange of an aircraft or any similar arrangement, subject to an agreement in accordance with Article 83 bis, is terminated on a date earlier than the date of the expiration set out in the agreement or arrangement, the Maltese operator of a foreign registered aircraft or the registered owner of a Maltese aircraft shall inform the Director General in writing of the actual date of termination within seven (7) days of its occurrence.

In the past, Malta has entered into bilateral agreements on the basis of Article 83 bis of the Chicago Convention with Italy, Greece and Ireland. However, these are entered into on a per aircraft basis and the Malta Civil Aviation Directorate (the “CAD”) would enter into an Article 83 bis agreement with other countries, if such is requested by an operator.

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