page no 450 note on * International Commission for Air Navigation.

page no 451 note on * Article 33. Certificates of airworthiness and certificates of competency and licences issued or rendered valid by the contracting State in which the aircraft is registered shall be recognised as valid by the other contracting States, provided that the requirements under which such certificates and licences were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention.

page no 451 note on † Resolution A2-44. I.C.A.O. Doc. 6736—C/775.

page no 452 note on * Article 39. (a) Any aircraft or part therof with respect to which there exists an international standard of airworthiness or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed. Article 40. No aircraft or personnel having certificates or licences so endorsed shall participate in international navigation, except with the permission of the State or States whose territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported.

page no 452 note on † Article 5 defines the rights accorded by the Convention and the associated conditions for the flight of aircraft, other than those engaged in international scheduled air services, over the territories of contracting States. It covers both private aircraft and aircraft engaged in air transport or other activities. Article 6 makes it clear that the right to operate a scheduled international air service must be sought outside the Convention, by special permission or authorisation of the State whose territory is entered. The text of these articles is not important for the present purpose.

page no 453 note on * Article 41. The provisions of this Chapter shall not apply to aircraft and aircraft equipment of types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of an international standard of airworthiness for such equipment.

page no 453 note on † Chapter VI of the Convention, comprising Articles 37 to 42, contains the provisions under which the Council of I.C.A.O. adopts international standards and recommended practices on a variety of subjects (Article 37) and the conditions attaching to them. Article 38 requires a State that is unable to comply in all respects with an international standard, to give notice to I.C.A.O. of the differences between its national and the international practice, and requires I.C.A.O. to publish the information. Articles 39(a), 40 and 41 contain the penal and escape provisions for aircraft; these are textually quoted separately. Articles 39(b) and 42 relate only to personnel licences.

page no 453 note on * The I.C.A.O. categories of aeroplanes cannot be defined except by reference to the complete set of standards for each category. The objective is that the categories shall together cover all the aeroplanes of varying performance characteristics likely to be used in air transport. Thus Category A is intended to accommodate the large, high-speed aeroplanes of today and tomorow; Category D is for small highly manoeuvrable aeroplanes more akin to those of the past. Categories B and C were proposed at different times to span the gap between the two extremes—Category B for aeroplanes which might just fail to meet the conditions of Category A; and Category C for aeroplanes somewhat larger and with a higher stalling speed than those defined in Category D. These two categories have not been established and it is possible that neither will be.