According to the Chicago Convention's (ICAO DOC7300)
Article 11
Applicability of air regulations
Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of aircraft while within its territory, shall be applied to the aircraft
of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.
and
Article 12
Rules of the air
Each contracting State undertakes to adopt measures to
insure that every aircraft flying over or maneuvering within its
territory and that every aircraft carrying its nationality mark,
wherever such aircraft may be, shall comply with the rules and
regulations relating to the flight and maneuver of aircraft there
in force. Each contracting State undertakes to keep its own
regulations in these respects uniform, to the greatest possible
extent, with those established from time to time under this
Convention. Over the high seas, the rules in force shall be those
established under this Convention. Each contracting State
undertakes to insure the prosecution of all persons violating the
regulations applicable.
I would like to ask for your opinion on this:
Having in mind Article 11 and specially Article 12 one would say that an EU registred aircraft, demanding another "state" like the USA, would have to comply with FARs and if demanding Brazil, for instance, would have to comply with RBHA.
Why then, are we (EU-OPS Registered companies) allowed to fly under our own policies to non EU states?
We have different minimums, different fuel policies, different holding paterns, etc.
Are there any written agreements that allow us to fly under our own policies to other Chicago Convention contracting states?
Thanks for your opinions.
A.