The coming into force of the Cape Town Convention in connection with the Aircraft Equipment Protocol has progressed further.

Only recently, Ireland has acceded to the Convention and the Protocol. Now the first Member State of the European Union has accepted these instruments, it is expected that other European states will follow in the near future.

Particularly the states that have already signed the instruments (Fra, Ger, U.K., It).

The fact that Ireland has acceded, seems to indicate that the European Commission and the Member States have been able to evade the political problems that existed in the EU between Spain and the U.K. as far as the air landing strip in Gibraltar is concerned. This political issue was blocking any EU Commission action that is required as regards the acceptance of the Convention and Protocol by the EU.

Moreover, the Canadian Parliament has formally passed legislation to implement for federal purposes the Cape Town Convention and Aircraft Equipment Protocol.  The Bill (formerly referred to as Bill

C-4) received Royal Assent on 24 February 2005.  In English its short title is The International Interests in Mobile Equipment (aircraft

equipment) Act and is now to be referred to formally as Chapter 3 of the Statutes of Canada, 2005.  While the legislation has been passed and received Royal Assent, it is not yet in force as further additional action needs to be undertaken.

In addition, at the global level various other states are in the midst of accession procedures.

In other words, it is expected that the Convention in connection with the Aircraft Protocol will enter into force in the near future.

Furthermore, the International Registry, to be operated by Aviareto, will be functioning soon as well.

The US is also ready to proceed with the treaty.  The FAA Aircraft Registry has the systems in place to implement the treaty in the US, and you are probably aware Title 49 of the United States Code has been amended as well as US Federal Aviation Regulations passed to implement the treaty.

Contributed by: Patrick Honnebier, off counsel