Publication: Magyar Közlöny
Issue: MK-2007-70 (Year: 2007, Number: 70)
Era: 2004-2010
Section: Melléklet a 2007. évi XLVI. törvényhez
Paragraph Index: 2751

e) to assist States in applying the Standards of Annex 8 and in developing their own comprehensive national codes in a uniform manner, detailed guidance material shall be developed and published expeditiously in the working languages of the Organization. The Council also approved the issuance of the airworthiness guidance material under the title of Airworthiness Technical Manual. It was understood that the guidance material will, before issuance, be examined by the Air Navigation Commission. It will however have no formal status and its main 2007/70/II. szám Foreword Annex 8 — Airworthiness of Aircraft (ix) 2/3/04 purpose would be to provide guidance to Contracting States in developing the detailed national airworthiness codes mentioned in 2.2 of Part II of the Annex. A text for Annex 8 consistent with the policy on international airworthiness, approved by the Council on March 1972, was developed by the Air Navigation Commission. Table A shows the origin of amendments together with a list of the principal subjects involved and the dates on which the Annex and the amendments were adopted by the Council, when they became effective and when they became applicable. On 6 June 2000, the Air Navigation Commission reviewed the recommendation of the Continuing Airworthiness Panel and the Airworthiness Study Group, in light of the introduction of the type certification process, to introduce the Type Certificate concept. It came to the conclusion that this internationally used and known certificate was already introduced in the Airworthiness Technical Manual (Doc 9051) and that its introduction complements the type certification process, making the text of Annex 8 consistent with its international airworthiness use. It was further noted that the State of Registry, which is in charge of the issuance or validation of Certificates of Airworthiness by virtue of Article 31 of the Convention, and the State of Design may be different States, with separate functions and duties, and two independent responsibilities. Accordingly, the requirements governing the issuance of Type Certificates in accordance with applicable provisions of Annex 8 are not part of “the minimum standards” which govern the issuance or validation of Certificates of Airworthiness, and lead to the recognition of their validity pursuant to Article 33 of the Convention. Applicability The applicability of the Standards is indicated in 1.1, 2.1, 3.1 and 4.1 of Part II, in 1.1 of Part IIIA and in A.1.1 of Part IIIB. The dates were established so as to take account of the provisions of Article 41 of the Convention. However, the Council has recommended that, as far as practicable, earlier dates be applied. Related Standards of Annex 6, Part I. Chapter 5 of Annex 6, Part I, dealing with aeroplane performance operating limitations contains Standards that are complementary to the airworthiness Standards of Annex 8. Both state broad objectives. The Standards of Annex 6, Part I, Chapter 5, are supplemented by guidance material in the form of green page attachments which indicate by examples the level of performance intended by the Standards. The Council has urged Contracting States not to impose on visiting aeroplanes operational requirements other than those established by the State of Registry, provided those requirements are not lower than the Standards of Chapter 5 of Annex 6, Part I, as amended by Amendment 2, 2.2 of Part IIIA and B.2 of Part IIIB of this edition of Annex 8. Action by Contracting States Notification of differences. The attention of Contracting States is drawn to the obligation imposed by Article 38 of the Convention by which Contracting States are required to notify the Organization of any differences between their national regulations and practices and the International Standards contained in this Annex and any amendments thereto. Contracting States are invited to keep the Organization currently informed of any differences which may subsequently occur or of the withdrawal of any differences previously notified. A specific request for notification of differences will be sent to Contracting States immediately after the adoption of each Amendment to this Annex. Use of the text of the Annex in national regulations. The Council, on 13 April 1948, adopted a resolution inviting the attention of Contracting States to the desirability of using in their own national regulations, as far as practicable, the precise language of those ICAO Standards which are of a regulatory character and also of indicating departures from the Standards, including any additional regulations that are important for the safety or regularity of air navigation. Wherever possible, the provisions of Part II of this Annex have been written in such a way as would facilitate incorporation, without major textual changes, into national legislation. The provisions of Parts IIIA and IIIB of this Annex, on the other hand, are applicable to aeroplanes through the medium of national codes more comprehensive and detailed than the Standards, so that the Council Resolution of 13 April 1948 does not apply to Parts IIIA and IIIB. Information concerning the national codes establishing compliance with the Annex. States are invited to notify the Organization either of the establishment or of the selection of the comprehensive and detailed national codes mentioned in 3.2.2 of Part II. States that establish such codes are invited to forward a copy of each with its successive amendments, and any appropriate interpretation document concerning them. States that select codes of other Contracting States to comply with 3.2.2 of Part II are invited to indicate the codes that they intend to use. Use of the guidance material in the Airworthiness Manual (Doc 9760). Contracting States are invited to note that the material in the Airworthiness Manual is intended to guide them in the development of their detailed and comprehensive national codes with a view to introducing uniformity in those national codes. The material has no mandatory status and Contracting States are quite free to differ from it either in detail or in methods. States are also not required to notify any 2007/70/II. szám Annex 8 — Airworthiness of Aircraft Foreword 2/3/04 (x) differences that may exist between their detailed national regulations and practices and the relevant material in the Airworthiness Manual. Status of Annex components An Annex is made up of the following component parts, not all of which, however, are necessarily found in every Annex; they have the status indicated. 1.— Material comprising the Annex proper

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