Publication: Magyar Közlöny
Issue: MK-2007-70 (Year: 2007, Number: 70)
Era: 2004-2010
Section: Melléklet a 2007. évi XLVI. törvényhez
Paragraph Index: 1488

1969. Besides revising certain paragraphs in Chapters 4, 7 and 8 to give them more precision, the Amendment also adds a provision in Chapter 4 which prohibits, when passengers are being carried, the in-flight simulation of emergency situations affecting the flight characteristics of the aeroplane. The opportunity presented by this Amendment was also taken to introduce changes to the Annex as a consequence of the adoption by the Council of a companion document — International Standards and Recommended Practices — Operation of Aircraft — Annex 6, Part II — International General Aviation. These changes consisted of designating this document, previously known as Annex 6, ‘‘Annex 6, Part I, First Edition”. Amendment 152 became effective on 23 May 1969 and applicable on 18 September 1969. Consequent to the adoption of Annex 6, Part III, International Operations — Helicopters, an amendment to the title was introduced to indicate that Annex 6, Part I was applicable only to aeroplanes. Table A shows the origin of subsequent 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. Applicability The present edition of Annex 6, Part I, contains Standards and Recommended Practices adopted by the International Civil Aviation Organization as the minimum Standards applicable to the operation of aeroplanes by operators authorized to conduct international commercial air transport operations. These international commercial air transport operations include scheduled international air services and non-scheduled international air transport operations for remuneration or hire. In conjunction, these two types of operations include all international air transport operations conducted for remuneration or hire by aeroplanes. The distinction between them lies in the fact that scheduled international air services are especially provided for in the Convention in contradistinction to international air transport operations in general, of which non-scheduled international air transport operations for remuneration or hire were considered most urgently to require the establishment of International Standards and Recommended Practices. It is no longer considered necessary to differentiate in the Standards and Recommended Practices between scheduled international air services and nonscheduled international air transport operations. The purpose of Annex 6, Part I, is to contribute to the safety of international air navigation by providing criteria of safe operating practice and to contribute to the efficiency and regularity of international air navigation by encouraging States to facilitate the passage over their territories of aeroplanes in international commercial air transport belonging to other States that operate in conformity with such Standards. Chapter 5 An element of the safety of an operation is the intrinsic safety of the aircraft, that is, its level of airworthiness. The level of airworthiness of an aircraft is, however, not fully defined by the application of the airworthiness Standards of Annex 8, but also requires the application of those Standards in the present Annex that are complementary to them. As originally adopted and also as amended by Amendments 1 to 138, the Annex contained a chapter ‘‘Aeroplane Operating Limitations” which included general provisions applicable to the operation of all aeroplanes within the scope of the Annex, a section or sections applicable to aeroplanes certificated in ICAO categories according to the then existent Annex 8, and a section applicable to aeroplanes not so certificated. At its fourth session, the Operations Division, collaborating with the Airworthiness Division, made, in addition to the proposals that resulted in Amendments 128 to 133, recommendations concerning the use of a performance code as an alternative to the one prescribed for ICAO Category A aeroplanes in which some essential climb values had the status of Recommended Practices. Further, the Airworthiness Division made recommendations concerning certain aspects of the certification in ICAO categories. As a result of those recommendations, the Council, on 2 December 1952, adopted Amendment 134 (which became effective 1 May 1953), and approved the incorporation of the alternative performance code as Attachment A but stated its belief that since agreement had not yet been reached on Standards covering performance, there existed no basis for certification in ICAO Category A. It urged the Contracting States to refrain from such certification pending the becoming effective of Standards on performance or until such time as the Council decides on the basic policy on airworthiness. The Assembly at its seventh session (June 1953) endorsed the action already taken by the Council and the Air Navigation Commission to initiate a fundamental study of ICAO policy on international airworthiness and directed the Council to complete the study as rapidly as practicable. In pursuing such study, the Air Navigation Commission was helped by an international body of experts designated as the ‘‘Airworthiness Panel”, which contributed to the preparation of the work of the Third Air Navigation Conference. 2007/70/II. szám Foreword Annex 6 — Operation of Aircraft (xi) 1/11/01 As a result of these studies, a revised policy on international airworthiness was developed and it was approved by the Council in 1956. According to this policy the principle of certification in an ICAO Category was abandoned. Instead, Annex 8 included broad Standards which defined, for application by the competent national authorities, the complete minimum international basis for the recognition by States of certificates of airworthiness for the purpose of the flight of aircraft of other States into or over their territories, thereby achieving, among other purposes, protection of other aircraft, third persons and property. It was considered that this met the obligation of the Organization under Article 37 of the Convention to adopt international Standards of airworthiness. It was recognized that the ICAO Standards of airworthiness would not replace national regulations and that national codes of airworthiness containing the full scope and extent of detail considered necessary by individual States would be necessary as the basis for the certification of individual aircraft. Each State would establish its own comprehensive and detailed code of airworthiness or would select a comprehensive and detailed code established by another Contracting State. The level of airworthiness defined by this code would be indicated by the Standards, supplemented, if necessary, by Acceptable Means of Compliance. A revised text consistent with the above principles was prepared for Chapter 5 of Annex 6. It included: a) broad Standards that were complementary to the Standards related to aeroplane performance in Annex 8; and b) two Acceptable Means of Compliance which illustrated by examples the level of performance intended by the broad Standards. To adopt a code giving an appreciably lower level of performance than that illustrated by these Acceptable Means of Compliance was considered to be a violation of the Standards in Chapter 5 of this Annex. Present policy on international airworthiness. There had been some concern about the slow progress that had been made over the years with respect to developing supplementary airworthiness specifications in the form of Acceptable Means of Compliance. It was noted that the majority of the Acceptable Means of Compliance in Annexes 6 and 8 had been developed in 1957 and were therefore applicable to only those aeroplane types operating at that time. No effort had been made to update the specifications in these Acceptable Means of Compliance nor had there been any recommendations from the Airworthiness Committee for upgrading of any of the Provisional Acceptable Means of Compliance, which had been developed as potential material for full-fledged Acceptable Means of Compliance. The Air Navigation Commission therefore requested the Airworthiness Committee to review the progress made by it since its inception with a view to determining whether or not desired results had been achieved and to recommend any changes to improve the development of detailed airworthiness specifications. The Airworthiness Committee at its Ninth Meeting (Montreal, November/December 1970) made a detailed study of the problems and recommended that the concept of developing airworthiness specifications in the form of Acceptable Means of Compliance and Provisional Acceptable Means of Compliance be abandoned and a provision be made for an airworthiness technical manual to be prepared and published by ICAO to include guidance material intended to facilitate the development and uniformity of national airworthiness codes by Contracting States. The Air Navigation Commission reviewed the recommendations of the Airworthiness Committee in the light of the history of the development of the airworthiness policy approved by the Council in 1956. It came to the conclusion that the basic objectives and principles on which the ICAO airworthiness policy had been based were sound and did not require any significant change. It was also concluded that the main reason for the slow progress in the development of airworthiness specifications in the form of Acceptable Means of Compliance and Provisional Acceptable Means of Compliance was the degree of mandatory status to the former implied by the following statement included in the Forewords of Annexes 6 and 8: ‘‘To adopt a code giving an appreciably lower level of airworthiness than that given in an Acceptable Means of Compliance would be a violation of the Standard supplemented by that Acceptable Means of Compliance.” Several approaches were examined by the Air Navigation Commission to eliminate this difficulty. Finally, it came to the conclusion that the idea of developing airworthiness specifications in the form of Acceptable Means of Compliance and Provisional Acceptable Means of Compliance should be abandoned and ICAO should declare that the States’ obligations, for the purpose of Article 33 of the Convention, shall be met by their compliance with the broad Standards in Annex 8 supplemented, as necessary, by airworthiness technical guidance material, devoid of all mandatory implications or obligations. Also the requirement that each Contracting State should either establish its own comprehensive and detailed code of airworthiness or select a comprehensive and detailed code established by another Contracting State should be retained. The Council on 15 March 1972 approved the above approach to form the basis for the present policy of ICAO in the field of airworthiness. It also approved the issuance of the airworthiness guidance material under the title of Airworthiness Technical Manual. It was understood that the guidance material would have no formal status and its main purpose would be to provide guidance to Contracting States in developing the detailed national airworthiness code mentioned in 2.2 of Part II of Annex 8. With respect to Annex 6, Part I, it was agreed that the guidance material in the Acceptable Means of Compliance for Aeroplane Performance Operating Limitations should be 2007/70/II. szám Annex 6 — Operation of Aircraft Part I 1/11/01 (xii) edited suitably and retained in the Annex but in the form of an Attachment (green pages). Performance Standards of Annex 8. Chapter 2, Part IIIA, and Sub-part B, Part IIIB, of Annex 8 contain aeroplane performance Standards that are complementary to the Standards in Chapter 5 of this Annex. Both state broad objectives. The Council has urged Contracting States not to impose on visiting aeroplanes, not exempted by Article 41, operational requirements other than those established by the State of Registry, provided that those requirements assure the level of performance equivalent to that intended by the Standards of Chapter 5 of this Annex and the complementary Standards of Chapter 2, Part IIIA, and Sub-part B, Part IIIB, of Annex 8. In respect of aircraft exempted by Article 41, Chapter 5 of this Annex contains a Recommended Practice to the effect that the State of Registry should ensure that the level of performance specified in 5.2 applicable to aeroplanes not exempted should be met as far as practicable by those aeroplanes. The Council has urged Contracting States not to impose on visiting aircraft exempted by Article 41 requirements other than those established by the State of Registry provided that in establishing those requirements the State of Registry complied with the Recommended Practice. These recommendations complement one made by the Council in respect of aircraft exempted by Article 41, to the effect that Contracting States apply as far as practicable to aeroplanes over 5 700 kg mass intended for the carriage of passengers or cargo or mail in international air navigation, the Standards of Parts IIIA and IIIB 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 extend such notification to any differences from the Recommended Practices contained in this Annex, and any amendments thereto when the notification of such differences is important for the safety of air navigation. Further, 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. Attention of States is also drawn to the provision of Annex 15 related to the publication of differences between their national regulations and practices and the related ICAO Standards and Recommended Practices through the Aeronautical Information Service, in addition to the obligation of States under Article 38 of the Convention. Promulgation of information. The establishment and withdrawal of and changes to facilities, services and procedures affecting aircraft operations provided in accordance with the Standards and Recommended Practices specified in this Annex should be notified and take effect in accordance with the provisions of Annex 15. 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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