MODEL IMPLEMENTING IDERA REGULATION
SUMMARY POWERPOINT
FIRST EDITION
NOVEMBER 2014
IDERA
Declaration under Protocol art. XXX(1) enabling Protocol arts. XIII and IX(5)
Irrevocable De-registration Request Authorisation
IDERA
De-registration of
an Aircraft
Export of an Aircraft
Object
Structure of the Model Regulation
.
Introduction
General
Refereneces
Forms
Treaty
Background
Export
Recordation of
IDERA or
Certified
Designation
Deregistration
Cancellation of
IDERA or
Certified
Designation
3
Introduction
Purpose
Regulation
Adaptation to Local
Requirements
• Provide procedures for:
• Describe the rules
adopted by the relevant
authority.
• Adapted to local
requirements, customs,
and terminology:
• Effective date and
partial application to
prior-recorded IDERAs.
‘circular,’ ‘directive,’
‘advisory,’‘instruction’
or other term that best
describes the applicable
form and process, and
(a) Recording and
cancelling an IDERA,
and
(b) De-registering
Aircraft and exporting
Aircraft Objects.
• Primacy of regulation –
cancellation of
conflicting, prior rules.
scope for local signing
formalities /
procedures.
General References
•
The [name of civil aviation authority or other authority] of [name of state] has authority to issue
this regulation under [cite relevant law or regulation].
•
The regulation is effective on [date], provided that 4.2, 5, and 6 apply to an IDERA Recorded by
the Registry Authority prior to that date.
•
•
•
•
Relevant Aviation Law or Regulation.
Specific Aircraft Registration Laws.
Convention on International Interests in Mobile Equipment, 2001.
Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to
Aircraft Equipment, 2001.
Cancelled
Documents
•
Specify any regulations or other documents canceled or superseded by this regulation, without
limiting 3.2 [primacy of Treaty].
Defined
Terms
•
The terms used in the regulations with no definition have the meaning given in the Convention and
Protocol, respectively.
Authority
Effective
Date
Reference
Documents
Background
Effectiveness
Governmental
Structure
Contracting State
Core Legal Principles
State is a Contracting State to
Convention & Protocol, and has
made a declaration under
Article XXX(1) of the Protocol
Treaty prevails over conflicting
law
Proper
Implementation
Record a properly submitted
IDERA
Record a properly submitted
Designation
Civil Aviation
Authority
Administration of changes cancellations
Honor a De-Registration and
Export Request
IDERA Recordation
Registry Authority will accept and Record IDERA, within five working days, if:
submitted in writing to the Registry Authority, substantially in the form of Annex 1,
identifies an Aircraft registered or to be registered in the Registry,
and
signed in accordance with local formalities, as set out in
Annex 5.
EFFECTIVE IDERA RECORDATION
Recordation of a Designation
Registry Authority will accept and Record a Designation, within five working days, if:
submitted in writing to the Registry Authority, substantially in the form of Annex 2,
identifies a Recorded IDERA or an IDERA submitted with that Designation, and
signed in accordance with local formalities,
as set out in Annex 5.
EFFECTIVE DESIGNATION RECORDATION
Recordation Formalities and Effects
• Registry Authority will
acknowledge receipt by
signing or stamping a
duplicate copy or will
confirm simultaneous
recordation.
• The Authorised Party or
Certified Designee is the sole
person authorised to exercise
IDERA remedies.
Acknowledgment
by Registry
Authority
Timeframe to
Record
Sole Person
Authorized to
Enforce
Single IDERA\
Designation
• Registry Authority will
Record an IDERA or
Designation within 5
working days and if
requested will promptly
confirm that Recordation is
complete.
• Registry Authority will not
record or honor an IDERA or
Designation if an existing
IDERA or Designation has not
been revoked.
Cancellation of an IDERA or Designation
Revocation is
submitted in
writing
substantially in
the form of
Annex 4
Identifies a
recorded
IDERA or
Designation
IDERA or
Designation
revoked and
of no further
effect
Signed in line
with Annex 5
by Authorised
Party or
Certified
Designee
Applicant has no
power to cancel
or revoke IDERA
or Designation
Effects of Revocation
A
B
C
No acceptance of De-Registration Request from Authorised Party,
if an IDERA has been revoked by the Authorised Party.
No acceptance of De-Registration Request from Certified Designee,
if the Designation has been revoked by Certified Designee.
Validity of an IDERA
is not affected by revocation of a related Designation.
De-registration and Export
The Registry Authority will accept a Request for De-registration and Export if:
submitted substantially in the form of Annex 3,
identifies a Recorded IDERA, and
signed in line with Annex 5 by:
•Authorised Party, if no Designation
•Certified Designee, if a Designation.
ACCEPTANCE OF REQUEST FOR DE-REGISTRATION AND EXPORT
Aviation Authority’s Action upon Request
•
• Effect De-registration of
the Aircraft
• Facilitate Export of the
Aircraft and any
Related Engines
Without:
• Consent or approval from
Applicant
• Court order
• Need for Registry Authority
to investigate external facts
• Imposing additional
requirements
•
Principal
Obligations
Timing
NonConditions
I
NonConditions
II
De-Registration within 5
working days
Expeditious cooperation
standard applies
Whether or not:
• Request submitted by
person having possession
of Aircraft or Related
Engines
• Related Engine is
installed on Aircraft
* Honoring a Request may involve De-Registration, Export or both, depending upon circumstances.
Export Remedies
Exercise of export remedies is subject to
applicable aviation safety laws and regulations
Limited to laws that permit the operation in its
airspace of an aircraft under a ferry or other special
flight permit issued by the aviation authority of the
state of registration of the aircraft
These laws and regulations do not include any
requirement for:
•
•
the issuance of an export certificate of
airworthiness, or
production of any document in the possession
of, or any action taken by, the operator of the
aircraft
Effects of a De-Registration Request
To the extent within its reasonable control, the Authorised Party is responsible – following and not as a condition
to – the De-registration and Export:
A
removing or covering the Registry’s nationality marks on an Aircraft,
returning to the Registry Authority the original certificate of registration
returning the original certificate of airworthiness for an Aircraft, and
changing the transponder code
D
B
Aircraft may not be operated unless and until it is re-registered and can be lawfully operated under
applicable airworthiness rules
C
Request will be honored without regard to the identity of the engines and other equipment then installed
on the Aircraft
Export remedies will be made available for any Related Engines which are not then installed on the Aircraft
Assignments
Rights under the
documents set out in this
regulation
may not be assigned
EXCEPT with express
consent of the Registry
Authority
Annexes
1
2
3
4
5
IDERA
Designation
De-Registration and Export Request
Revocation
Formalities