Operations and Licensing: Part 2

1. Reciprocal Acceptance of Operations Specifications:What Should Future Bilateral Agreements Look Like? Operations and Licensing: Part 2

2. Defining the Issues: • Responsibilities of States • Chicago Convention • State Regulatory and Oversight System • The Operator • Air Operator Certificate (AOC) • Operations Specifications • Operator’s Operations Manual • Role of ICAO • Universal Safety Oversight Audit Program (USOAP) • International AOC Register • Bilateral Considerations • Air Safety Clause / Air Services Agreement

3. Responsibilities of States: • Acceptance of International Standards • Chicago Convention • Development of State Regulatory System • implementation of SARPs • Certification of Operators • issue Air Operator Certificate (AOC) and Operations Specifications • Conduct of Safety Oversight • national and foreign operators within its territory • global information sharing

4. The Operator: • Air Operator Certificate (AOC) • provides legal basis for the operation • identifies State of the Operator • facilitates oversight surveillance and foreign authorizations • Operations Specifications • associated with AOC • specifies authorizations, conditions and limitations • facilitates oversight surveillance and foreign authorizations • Operations Manual • defines operational structure, responsibilities, duties procedures, management system …

5. Operators Licence Flight crew Regulator Aircraft Operator Cert. Training C of A Aircraft Maintenance Aircraft Operator Certificate (AOC) Responsibility for safe operation rests essentially with the operator The State of the Operator ensures fitness of its operators through safety oversight (certification and surveillance)

6. Air Operator Certificate (AOC): • Standard minimum content • Standard layout (1 Jan 2010)

7. Operations Specifications: • Standard minimum content • Standard layout (1 Jan 2010)

8. The Role of ICAO: • Sets Global Standards • Monitors Implementation by States • Universal Safety Oversight Audit Program (USOAP) • Flight Safety Information Exchange (FSIX) • Safety Database • International AOC Register ? • IASDEX with other data sharing agreements

9. FORE I GN OPERATOR SURVEILLANCE International AOC Register State AOC State AOC State AOC State AOC State AOC State Annex 6 & Doc 8335 AOC State AOC

10. ICAO Proposals:Amendment 32 to Annex 6, Parts I and III(to be effective 20 Nov 08) • Encourage the International Recognition of the AOC by States • Annex 6, Parts I & III – SARPS Harmonization of content and layout of AOC and Op Specs • Document 8335 Guidance Material

11. Bilateral Considerations: • Mutual Recognition of Certificates and Licenses • Chicago Convention (Art. 33) • Compliance with Rules and Regulations • Chicago Convention (Art. 12) • Right to Inspect (Art. 16) • Authorization and Surveillance of Foreign Operators • Bilateral Air Services Agreements • Model Clause on Aviation Safety

12. Bilateral Agreement Considerations: • Reciprocal acceptance with conditions and validations • Operations Specifications Recognition Agreement Procedures • Standardized authorizations • Issuance of appropriate Technical Permissions • Specialized Authorizations and Limitations • Differences tailored to individual Operator

13. State of the Operator, State of Operations, and Operator Requirements • States establish foreign operator surveillance program • Operators meet and maintain State of Operations requirements • Operator and State of the Operator notified of non-compliance • State of Operations and State of the Operator consult regarding Operator compliance

14. What States Need:Why Operations Specifications are necessary at some level – why they won’t go away. • Chicago Convention • Art. 1 (sovereignty) • Art. 6 (scheduled air services) • Art. 12 (rules of the air) • Conditions and Limitations • Technical Permissions

15. Your thoughts?