and one or more member States who are members of the Council, any State within the second category which is a party to the dispute shall have no right to vote on that dispute. Section 5 The powers and duties of the Council shall be to: 1. Carry out the directives of the Assembly. 2. Determine its own organization and rules of procedure. 3. Determine the method of appointment, emoluments, and conditions of service of the employees of the Organization. 4. Appoint a Secretary General. 5. Provide for the establishment of any subsidiary working groups which may be considered desirable, among which there shall be the following interim committees: a. A Committee on Air Transport, b. A Committee on Air Navigation, and c. A Committee on International Convention on Civil Aviation. If a member State so desires, it shall have the right to appoint a representative on any such interim committee or working group. 6. Prepare and submit to the Assembly budget estimates of the Organization, and statements of accounts of all receipts and expenditures and to authorize its own expenditures. 7. Enter into agreements with other international bodies when it deems advisable for the maintenance of common services and for common arrangements concerning personnel and, with the approval of the Assembly, enter into such other arrangements as may facilitate the work of the Organization. Section 6 Powers and duties of Council Council In addition to the powers and authority which the As- Functions of sembly may delegate to it, the functions of the Council shall be to: 1. Maintain liaison with the member States of the Organization, calling upon them for such pertinent data and information as may be required in giving consideration to recommendations made by them. 2. Receive, register, and hold open to inspection by member States all existing contracts and agreements relating to routes, services, landing rights, airport facilities, or other international air matters to which any member State or any airline of a member State is a party. 3. Supervise and coordinate the work of: a. The Committee on Air Transport, whose functions shall be to: (1) Observe, correlate, and continuously report upon the facts concerning the origin and volume of international air traffic and the relation of such traffic, or the demand therefor, to the facilities actually provided. (2) Request, collect, analyze and report on information with respect to subsidies, tariffs, and costs of operation. (3) Study any matters affecting the organization and operation of international air services, including the international ownership and operation of international trunk lines. (4) Study and report with recommendations to the Assembly as soon as practicable on the matters on which it has not been possible to reach agreement among the nations represented at the International Civil Aviation Conference, convened in Chicago, November 1, 1944, in particular the matters comprehended within the headings of Articles II, X, XI, and XII of Conference Document 422, together with Conference Documents 384, 385, 400, 407, and 429, and all other documentation relating thereto. b. The Committee on Air Navigation, whose functions shall be to: (1) Study, interpret and advise on standards and procedures with respect to communications systems and air navigation aids, including ground marks; rules of the air and air traffic control practices; standards governing. the licensing of operating and mechanical personnel; airworthiness of aircraft; registration and identification of aircraft; meteorological protection of international aeronautics; log books and manifests; aeronautical maps and charts; airports; customs, immigration, and quarantine procedure; accident investigation, including search and salvage; and the further unification of numbering and systems of dimensioning and specification of dimensions used in connection with international air navigation. (2) Recommend the adoption, and take all possible steps to secure the application, of minimum requirements and standard procedures with respect to the subjects in the preceding paragraph. (3) Continue the preparation of technical documents, in accordance with the recommendations of the International Civil Aviation Conference c. The Committee on International Convention on 4. Receive and consider the reports of the committees and working groups. 5. Transmit to each member State the reports of these committees and working groups and the findings of the Council thereon. 6. Make recommendations with respect to technical matters to the member States of the Assembly individually or collectively. 7. Submit an annual report to the Assembly. 8. When expressly requested by all the parties concerned, act as an arbitral body on any differences arising among member States relating to international civil aviation matters which may be submitted to it. The Council may render an advisory report or, if the parties concerned so expressly decide, they may obligate themselves in advance to accept the decision of the Council. The procedure to govern the arbitral proceedings shall be determined in agreement between the Council and all the interested parties. Secretary Genera 9. On direction of the Assembly, convene another Functions of conference on international civil aviation; or at such time as the Convention is ratified, convene the first Assembly under the Convention. ARTICLE IV THE SECRETARY GENERAL The Secretary General shall be the chief executive and administrative officer of the Organization. The Secretary General shall be responsible to the Council as a whole and, following established policies of the Council, shall have full power and authority to carry out the duties assigned to him by the Council. The Secretary General shall make periodic reports to the Council covering the progress of the Secretariat's activities. The Secretary General shall appoint the staff of the Secretariat. He shall likewise appoint the secretariat and staff necessary to the funtioning of the Assembly, of the Council, and of Committees or such working groups as are mentioned in the present Agreement or may be constituted pursuant thereto. Contributions Suspension . for financial delinquency Sovereignty ARTICLE V FINANCES Each member State shall bear the expenses of its own delegation to the Assembly and the salary, travel and other expenses of its own delegate on the Council and of its representatives on committees or subsidiary working groups. The expenses of the organization shall be borne by the member States in proportions to be decided by the Assembly. Funds shall be advanced by each member State to cover the initial expenses of the Organization. The Assembly may suspend the voting power of any member State that fails to discharge, within a reasonable period, its financial obligations to the Organization. ARTICLE VI SPECIAL DUTIES The Organization shall also carry out the functions placed upon it by the International Air Services Transit Agreement and by the International Air Transport Agreement drawn up at Chicago on December 7, 1944, in accordance with the terms and conditions therein set forth. Members of the Assembly and the Council who have not accepted the International Air Services Transit Agreement or the International Air Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreements. ARTICLE VII TRANSFER OF FUNCTIONS, RECORDS, AND PROPERTY The exercise of any functions which shall have been herein assigned to the Provisional Organization shall cease at any time that those particular functions have been completed or transferred to another international organization. At the time of the coming into force of the Convention on International Civil Aviation signed at Chicago, December 7, 1944, the records and property of the Provisional Organization shall be transferred to the International Civil Aviation Organization established under the above-mentioned Convention. ARTICLE VIII FLIGHT OVER TERRITORY OF MEMBER STATES Section 1 The member States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. Section 2 For the purposes of this Agreement the territory of a Territory State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State. Section 3 This Agreement shall be applicable only to civil air- Civil and state craft, and shall not be applicable to state aircraft. aircraft Aircraft used in military, customs and police services shall be deemed to be state aircraft. Section 4 toms airport Except in a case where, under the terms of an agree- Landing at cus ment or of a special authorization, aircraft are permitted to cross the territory of a member State without landing, every aircraft which enters the territory of a member State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a member State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the Provisional International Civil Aviation Organization for communication to all other member States. Section 5 air regulations Subject to the provisions of this Agreement, the laws Applicability of and regulations of a member State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all member States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State. Section 6 et cetera Each member State undertakes to adopt measures to Rules of the air, insure that every aircraft flying over or maneuvering within its territory and that every aircraft carrying its nationality mark, wherever it may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each member State undertakes to insure the prosecution of all persons violating the regulations applicable. |