Economic Community of West African States
Supplementary Act A/SP.10/02/12 Relating to the Common Rules on the Approval of Air Carriers of ECOWAS Member States
Act 2-SP10 of 2012
- Published in official journal 60 on 17 February 2012
- Commenced
- [This is the version of this document at 17 February 2012.]
Article 1 – Definitions
For the purpose of this Supplementary Act, the following terms shall have the meanings assigned to them hereafter:Aerial work: In-flight activity during which an aircraft is used for specialized services such as agriculture, construction, photography, topography, observation and surveillance, search and rescue, aerial advertising;Aeronautical Authority: any governmental authority, corporate body or organ duly authorised to perform the function of civil aviation;Air carrier: an air transport enterprise engaged in the provision of air transport by aircraft for hire or remuneration and holding a valid approval;Air Operating Certificate (AOC): Document issued to an enterprise by the Aeronautical Authority of an ECOWAS member State certifying that the concerned enterprise has the required professional and organizational capacities to operate aircraft safely for the purpose of conducting the air transport activities mentioned therein;Approval: an administrative authorization granted to an enterprise by the Aeronautical Authority to carry by air passengers, freight and/or mail for consideration;Authority: The Authority of Heads of State and Government;Capacity: Number of seats offered to the public or charge of paid freight and post for air service for a period of time.Chicago Convention: Convention on International Civil Aviation signed in Chicago on 7 December 1944 including all its annexes;Community: The Economic Community of West African States as referred to in article 2 of the ECOWAS Revised Treaty;Corporate plan: detailed description of the commercial activities planned by the enterprise for the period under review, notably with respect to the evolution of the market and the investments contemplated, as well as the financial and economic implications of such activities;Council: Council of Ministers as established under article 10 of ECOWAS revised Treaty;ECOWAS Commission: ECOWAS Commission established in article 17 of the ECOWAS Revised Treaty as amended in June 2006;Effective control: relationship constituted by rights, contracts or any other means which, either separately or jointly and taking into account circumstances in law and specific cases, offer the possibility to exert directly or indirectly a decisive influence on an enterprise;Enterprise: Individual or legal entity carrying out whether for profit or not a profit air transport services;Management accounts: Detailed description of income and expenditures for the period under review, including a breakdown between the aviation and the non aviation related income and expenditure;Member State: A State party to the ECOWAS Revised TreatyMontreal Convention: Convention for the Unification of Certain Rules relating to International Carriage signed at Montreal 25 May 1999 which replaced the Warsaw Convention dated 12 October 1929 and its annexes;Article 2 – Scope
Article 3 – Air carrier’s approval
Article 4 – Conditions for the issuance of an air carrier’s approval
Article 5 – Air carrier’s obligations
Article 6 – Air transport enterprise managers
Article 7 – Insurance
An air carrier should have taken out insurance coverage from a reputable International Insurance Company sufficient to cover its liability for damage with respect to the transportation of passengers, baggage, freight, mail and third parties on the surface in compliance with the requirement of applicable International Conventions, Treaties and Protocols.Article 8 – Granting of an approval and continuing approval
Article 9 – Registration
Article 10 – Air Operator Certificate (AOC)
Article 11 – Leased aircraft operation
Article 12 – Procedures for issuing approvals
Article 13 – Validity of an air carrier’s approval
Article 14 – Withdrawal of an air carrier’s approval
Article 15 – Compliance with national legislation
Article 16 – Transitional provisions
For a maximum duration of two years from the date of entry into force of this Supplementary Act and notwithstanding Article 3, paragraph 1 of this Supplementary Act, valid approvals in any member State shall be maintained subject to adherence to laws under which they were granted.Article 17 – Report and cooperation
Article 18 – Implementation of the Supplementary Act
Article 19 – Amendments
Article 20 – Entry into force and publication
Article 21 – Depositary authority
This Supplementary Act shall be deposited at the Commission which shall transmit certified copies thereof to all member States and register same with the African Union (AU), the International Civil Aviation Organization (ICAO) and such other organizations as may be decided by the Council.History of this document
17 February 2012 this version
Consolidation