Cap. 641 Art. 46Transfer of duties under Article 83 of the Chicago bis Convention.

Notwithstanding any provision to the contrary in this Act, the following rules shall apply to aircraft under an Agreement for

Transfer of Functions and Duties in accordance with Article 83 of bis the Chicago Convention:

(a) without prejudice to the Basic Regulation and the national law of the Contracting State of aircraft register, this Act applies to a foreign-registered aircraft operated by a Maltese operator and to persons performing any functions or duties in respect of that aircraft, if the requirements set out in this Act are specifically included in the terms of an agreement in force between Malta and another Contracting State in accordance with Article 83 bis of the Chicago Convention;

(b) without prejudice to the Basic Regulation and the national law of the Contracting State of aircraft register, this Act does 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 requirements set out in this Act are specifically excluded under the terms of an agreement in force between Malta and another Contracting State in accordance with Article 83 of the Chicago Convention; bis

(c) if the responsibility set out in Article 31 of the Chicago Convention to issue or to render valid a certificate of airworthiness for a Maltese aircraft is transferred to another Contracting State in accordance with Article 83 of the bis Chicago Convention, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer;

(d) 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 of the Chicago Convention has bis been entered into, within seven (7) days after the coming into force date of the agreement;

(e) upon termination of a transfer to another Contracting State in accordance with Article 83 bis of the Chicago Convention, of the responsibility to issue or to render valid a certificate of airworthiness for a Maltese aircraft as set out in Article 31 of the Chicago Convention, the Director General shall reinstate the certificate of airworthiness if the registered owner of the aircraft complies with the requirements on airworthiness of this Act;

(f) 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 of the Chicago bis Convention, 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.