LEGAL FRAMEWORK .1 THE ESTABLISHMENT AND MANAGEMENT OF

Part B. The Establishment and Management of a Regional Safety Oversight System Chapter 3. The Establishment and Management of a Regional Safety Oversight Organization 3-3 3.2.7 The organizational structure of the RSOO should be based on a legal foundation. Thus, its components and the primary functions of its officers should be established in the agreement document. Figure 3-1 depicts an example of the organizational structure of a generic RSOO. The duties and responsibilities of the officers are detailed in 3.8. 3.3 LEGAL FRAMEWORK 3.3.1 To provide an adequate legal framework for the proposed RSOO, an agreement acceptable to all interested States, which meets their common operational safety oversight needs, must be reached. Different approaches can be taken depending on the purpose and objectives of Member States: a Member States may opt for the legal establishment of an RSOO by means of a diplomatic conference attended by high-level government decision makers who agree to the creation of a constitutional charter for an RSOO that clearly describes the required commitment, dedication, function and responsibility of Member States in the implementation and continuity of the RSOO. The organization created under the constitutional charter may progressively assume functions transferred to it by the civil aviation authorities of its Member States, starting with the development and approval of common, standardized regulations and procedures relating to the certification and supervision control of aeronautical products, aeronautical personnel, and air operators including the approval and supervision of maintenance organizations and training schools and, eventually, the licensing, certification and approval of personnel and aviation organizations. Transfer of such responsibilities however does not absolve States from their safety oversight obligations under the Chicago Convention. b Member States may agree to the establishment of an RSOO whose responsibilities are limited to the conduct of safety oversight tasks on their behalf. Such an arrangement may be limited to the oversight of activities relating to their safety obligations or may also include the development of standardized regional aviation regulations; the establishment of procedures for the certification of personnel, organizations and aeronautical products; and the provision of specific technical assistance without involvement in the actual licensing and certification process. c States in a region may agree only to improved collaboration among their respective civil aviation authorities, in terms of the compatibility of aviation regulations and the provision of technical support. Although this type of arrangement may contribute to the enhancement of safety in the region, it does not constitute the establishment of an RSOO, as advocated in this manual. 3.3.2 In either case cited in 3.3.1 a or b, the most important consideration in establishing an RSOO is that it be established on a legal basis that clearly indicates its legal standing and the level of its responsibility in Member States. 3.3.3 One of the legal instruments available to States is the Memorandum of Understanding MOU or Memorandum of Cooperation MOC. In practical terms, there is very little difference between the two; what really matters is the level of authority Member States bestow on the regional organization. In all cases, the legal status of the regional organization, including the extent of its duties and the level of its authority, should be clearly determined and spelled out in the agreement document. 3.3.4 The agreement document should also define the role and responsibility of each of the Member States in relation to the RSOO, including the following: 3-4 Safety Oversight Manual a the level of participation of a State’s civil aviation authority in the activities of the RSOO; b whether the RSOO conducts its activities on the basis of a Member State’s national regulations or common regulations to be promulgated and equally implemented in all Member States; c if no common regulations are promulgated, how the RSOO would reconcile differences that exist between the regulations of Member States and international SARPs; d the role of national inspectors during the conduct of a safety oversight activity by the RSOO; and e what types of oversight will be conducted by Member States of the RSOO to ensure the fulfilment of each Member States’ responsibility under the Convention. The above points and other similar questions should be clearly addressed during the initial stage of defining the legal status of the regional organization. 3.4 OBJECTIVES 3.4.1