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Protocol Amending the Pacific Islands Civil Aviation Safety and Security Treaty (PICASST) [2004] PITSE 15 (7 August 2004)

PROTOCOL AMENDING THE PACIFIC ISLANDS CIVIL AVIATION SAFETY AND SECURITY TREATY (PICASST)

(Apia, 7 August 2004)

STATUS REPORT

This Protocol sets out amendments to the PICASST agreed by the Parties in accordance with Article 13 of the PICASST.

The PICASST is hereby amended as follows:

Article 1

Definitions

Article 1(b) is REPLACED with the following:

(b) "Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including any relevant amendments and any relevant Annex and amendment thereto;

Article 1(c) is REPLACED with the following:

(c) "Council" means the Council of Directors of the Pacific Aviation Safety Office, comprising the Parties’ authorised representatives, which provides the policy direction for the Pacific Aviation Safety Office, and representatives from other organisations;

Article 1(g) is REPLACED with the following:

(g) "Pacific Aviation Safety Office" or "PASO" means the international organisation established in accordance with the terms of this Treaty to provide aviation safety and security regulatory oversight advice to those Parties seeking its services;

Article 1(h) is REPLACED with the following:

(h) "Party" means any State which has signed the Treaty or otherwise acceded to the Treaty once it has entered into force;

Article 1(k) is REPLACED with the following:

(k) "Secretary General" means the Secretary General of the Pacific Islands Forum Secretariat;

Article 3

Regional and Collaborative Basis

Article 3 is REPLACED with the following:

Without prejudice to Article 2 and consistent with the rights and obligations of the Parties under international law, the Parties agree that the following obligations for the regulatory oversight of civil aviation under the Convention may be met in a regional and collaborative manner:

(1) Airworthiness,

(2) Flight Operations,

(3) Airports,

(4) Security, and Personnel licensing for these subjects.

Article 4

The Mechanism for Regional Collaboration

Article 4(1) is REPLACED with the following:

1. The Parties agree that the mechanism used to meet the obligations in Article 3, will be the establishment of a centralised technical advisory organisation known as the Pacific Aviation Safety Office (PASO). The Pacific Aviation Safety Office shall function in accordance with the provisions of this Treaty, the Constitution of the Pacific Aviation Safety Office and other directions provided by the Council of Directors of the Pacific Aviation Safety Office. In the event of any inconsistency between the Constitution and this Treaty, or the Council decisions and this Treaty, the Treaty shall prevail.

Article 4(2) is REPLACED with the following:

The Pacific Aviation Safety Office shall provide to any Party as requested by that Party, advice and technical assistance on matters related to the regulatory oversight of civil aviation safety and security of that Party, on a cost recovery basis.

Article 4(3) is REPLACED with the following:

3. The Pacific Aviation Safety Office shall have international legal personality and such legal capacity as may be necessary to carry out its functions. In particular, the Pacific Aviation Safety Office shall have full legal capacity to, among others:

(i) contract,

(ii) borrow money required to satisfy PASO’s objectives, and

(iii) institute legal proceedings.

New paragraph, 4(4) is INSERTED, as follows:

4. The Pacific Aviation Safety Office, its assets, property, income and its operations and transactions shall be exempt from all taxation. PASO shall also be exempt from any obligation for the payment, withholding or collection of any tax or duty. The only other privileges and immunities which the Pacific Aviation Safety Office shall enjoy in the territory of a Party are those defined in Article 8, unless there is in place a separate agreement between the Council and the Party concerned.

Article 5

Responsibilities of Parties

Article 5(g) is REPLACED with the following:

(g) subject to a Party’s domestic law, respond positively and in a timely manner to requests for information or data submitted by the Pacific Aviation Safety Office through that Party’s authorised representative on the Council; and

Article 6

The Pacific Aviation Safety Office Council of Directors

Article 6(6) is REPLACED with the following:

6. Generally decisions in Council shall be by consensus, however, if all efforts to reach a decision by consensus have been exhausted, then decisions will be undertaken by open vote requiring a two thirds majority of Parties present and voting. Consideration may be given in the Constitution to the use of written proxy authorities.

New paragraph, 6(8) is INSERTED, as follows:

8. Only Parties shall be entitled to vote in Council decisions. In addition, Parties that have not satisfied their financial obligations under the Constitution shall not be entitled to vote.

Article 7

Functions of the Pacific Aviation Safety Office

Article 7(1)(a) is REPLACED with the following:

(a) conduct aviation safety and security regulatory tasks as requested by, and agreed with, any Party, subject to Article 4(2);

Article 7(1)(b) is REPLACED with the following:

(b) provide any Party upon request with advice and technical assistance relating to the regulatory oversight of civil aviation safety and security by that Party, using as a basis the standardised rules and procedures under that Party’s legislative frameworks, subject to Article 4(2);

Article 7(1)f is REPLACED with the following:

(f) provide any Party that has requested advice and technical assistance with applicable copies of reports, findings of non-compliance and recommendations for rectification.

Article 7(2) is REPLACED with the following:

2. The Pacific Aviation Safety Office shall report to the Council on a regular basis on the implementation of the work plan, commitments, and any indications of unsafe incidents or trends in civil aviation safety and/or security.

Article 8

Authorisation

Article 8(1) is REPLACED with the following:

1. Inspectors shall be authorised, by a Party requesting services from the Pacific Aviation Safety Office to conduct surveillance, data gathering and other activities for the purposes of facilitating advice to that Party as required for appropriate aviation regulatory oversight, consistent with the Convention. Inspectors shall not be authorised to undertake such activities outside the territory of the Party requesting services without the prior written consent of the state in whose territory such activities are proposed to take place.

Article 9

Settlement of Disputes

Article 9(2) is DELETED.

Subparagraph number (1) is therefore removed from Article 9(1).

Article 10

Signature, Ratification, Acceptance, Approval

Article 10 Heading is REPLACED with the following:

Article 10

Signature, Acceptance, Approval

Article 10(3) is REPLACED with the following:

3. Each Party shall be a member of PASO and of the Council.

New paragraph, 10(4) is INSERTED, as follows:

4. Each Party, in accordance with its judicial system, shall promptly take such action as is necessary to make effective in its own territory the provisions of this Treaty and shall inform the Council of its actions taken in respect thereof.

Article 13

Amendment

Article 13(1) is REPLACED with the following:

1. Any Party may propose amendments to this Treaty by a written communication addressed to the Depositary. The Depositary shall promptly circulate the proposal to all Parties.

Article 13(3) is REPLACED with the following:

3. Amendments to this Treaty shall enter into force thirty days following notification by the Party which by its acceptance of the amendment, constitutes the required two thirds majority.

Article 15

Depositary

Article 15 is REPLACED with the following:

The Secretary General of the Pacific Islands Forum Secretariat shall be the Depositary of this Treaty and any amendment or revisions thereto. The Depositary shall register this Treaty with the Secretary-General of the United Nations in accordance with Article 102 of the Charter of the United Nations and to the Secretary General of the International Civil Aviation Organisation in accordance with Article 83 of the Convention.

These amendments entered into force in accordance with Article 13(3) of the PICASST on ______________________day of ________________________, 200____.