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Document 32011D0719
Council Decision of 7 March 2011 concerning the conclusion of the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
Council Decision of 7 March 2011 concerning the conclusion of the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
Council Decision of 7 March 2011 concerning the conclusion of the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
OJ L 291, 9.11.2011, p. 1–2
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force
ELI: http://data.europa.eu/eli/dec/2011/719/oj
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Official Journal
|
9.11.2011 |
EN |
Official Journal of the European Union |
L 291/1 |
COUNCIL DECISION
of 7 March 2011
concerning the conclusion of the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
(2011/719/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) and the first subparagraph of Article 207(4) in conjunction with Article 218(6)(a), 218(7), the first subparagraph of Article 218(8) and Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
|
(1) |
The Commission has negotiated on behalf of the Union an Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (hereinafter referred to as ‘the Agreement’), in accordance with the Council Decision authorising the Commission to open negotiations. |
|
(2) |
The Agreement was signed on 30 June 2008 on behalf of the Union subject to its possible conclusion at a later date. |
|
(3) |
Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community. |
|
(4) |
The Agreement should be approved. |
|
(5) |
It is necessary to lay down procedural arrangements for the participation of the Union in the joint bodies established by the Agreement, as well as for the adoption of certain decisions concerning in particular the amendment of the Agreement and its Annexes, the addition of new annexes, the termination of individual annexes, consultations and dispute resolution and the adoption of safeguard measures. |
|
(6) |
Member States should take the necessary measures in order to ensure that their bilateral agreements with the United States on the same subject are either amended or terminated, as appropriate, as of the date of entry into force of the Agreement, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety is hereby approved on behalf of the Union.
2. The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is authorised to designate the person empowered to make the notification provided for in Article 19.A of the Agreement and to make the following notification:
‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’
Article 3
1. The Union shall be represented in the Bilateral Oversight Board established under Article 3 of the Agreement by the European Commission assisted by the European Aviation Safety Agency and accompanied by the Aviation Authorities as representatives of the Member States.
2. The Union shall be represented in the Certification Oversight Board provided for in paragraph 2.1.1 of Annex 1 to the Agreement and in the Joint Maintenance Coordination Board provided for in paragraph 3.1.1 of Annex 2 to the Agreement by the European Aviation Safety Agency assisted by the Aviation Authorities directly affected by the agenda of each meeting.
Article 4
1. The Commission, after consulting the special committee appointed by the Council, shall determine the position to be taken by the Union in the Bilateral Oversight Board with respect to the following matters:
|
(a) |
the adoption or amendment of the internal governing procedures of the Bilateral Oversight Board provided for in Article 3.B of the Agreement; |
|
(b) |
any amendments to the Annexes to the Agreement made in accordance with Article 19.B of the Agreement that are consistent with, and do not entail any modification of, relevant Union legal acts. |
2. The Commission, after consulting the special committee referred to in paragraph 1, may take the following action:
|
(a) |
adopt safeguard measures in accordance with Article 15.B of the Agreement; |
|
(b) |
request consultations in accordance with Article 17.A of the Agreement; |
|
(c) |
suspend the acceptance of findings and rescind such suspension in accordance with Article 18 of the Agreement. |
3. The Council, acting by qualified majority, on a proposal from the Commission, shall establish the position to be taken by the Union in the Bilateral Oversight Board, with respect to the adoption of additional Annexes in accordance with Article 3.C.7 and Article 19.C of the Agreement.
4. The Council, acting by qualified majority, on a proposal from the Commission, and in accordance with the provisions of the Treaty, shall decide with respect to any other amendments to the Agreement not falling within the scope of paragraphs 1 and 3, including the termination of individual Annexes in accordance with Article 19.E of the Agreement.
Article 5
Member States shall take all necessary measures to ensure that their bilateral agreements with the United States, listed in Attachment 1 to the Agreement, are amended or terminated, as appropriate, upon entry into force of the Agreement.
Done at Brussels, 7 March 2011.
For the Council
The President
CZOMBA S.
AGREEMENT
between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
THE UNITED STATES OF AMERICA,
and
THE EUROPEAN COMMUNITY
hereinafter referred to as ‘the Parties’,
DESIRING to build upon decades of trans-Atlantic cooperation in civil aviation safety and environmental testing and approvals;
SEEKING to improve the long-standing cooperative relationship between Europe and the United States to ensure a high level of civil aviation safety worldwide and to minimise economic burdens on the aviation industry and operators from redundant regulatory oversight;
COMMITTED to ensuring the continued operational safety of the civil aviation fleet and the timely exchange of in-service information;
COMMITTED to developing a comprehensive system of regulatory cooperation in civil aviation safety and environmental testing and approvals based on continuous communication and mutual confidence; and
ACKNOWLEDGING the rights and obligations of the United States and Member States of the European Community (the ‘Member States’) under the Convention on International Civil Aviation done at Chicago on 7 December 1944 (‘Chicago Convention’) and its annexes,
HAVE AGREED AS FOLLOWS:
Article 1
Definitions
For the purposes of this Agreement, the term:
|
A. |
‘Airworthiness Approval’ means a finding that the design or change to a design of a civil aeronautical product meets applicable standards or that an individual product conforms to a design that has been found to meet those standards and is in a condition for safe operation. |
|
B. |
‘Aviation Authority’ means a responsible government agency or entity of a European Union Member State that exercises legal oversight on behalf of the European Community over regulated entities and determines their compliance with applicable standards, regulations, and other requirements within the jurisdiction of the European Community. |
|
C. |
‘Civil aeronautical product’ means any civil aircraft, aircraft engine, or propeller, or appliance, part, or component to be installed thereon. |
|
D. |
‘Environmental approval’ means a finding that the design or change to a design of a civil aeronautical product meets applicable standards concerning noise, fuel venting or exhaust emissions. |
|
E. |
‘Environmental testing’ means a process by which the design or change to a design of a civil aeronautical product is evaluated for compliance with applicable standards and procedures concerning noise, fuel venting or exhaust emissions. |
|
F. |
‘Technical Agent’ means, for the United States, the Federal Aviation Administration (FAA); and for the European Community, the European Aviation Safety Agency (EASA). |
|
G. |
‘Maintenance’ means the performance of any one or more of the following actions: inspection, overhaul, repair, preservation, or the replacement of parts, materials, appliances, or components of a civil aeronautical product to assure the continued airworthiness of such a product; or the installation of previously approved alterations or modifications carried out in accordance with requirements established by the appropriate Technical Agent. |
|
H. |
‘Monitoring’ means the periodic surveillance to determine continuing compliance with the appropriate standards. |
|
I. |
‘Regulated entity’ means any natural or legal person whose civil aviation safety and environmental testing and approval activities are subject to the statutory and regulatory jurisdiction of one or both of the Parties. |
Article 2
Purpose and Scope
|
A. |
The purposes of this Agreement are to:
|
|
B. |
The scope of cooperation under this Agreement is:
|
|
C. |
The Parties may agree to additional areas of cooperation and acceptance by written amendment of this Agreement in accordance with Article 19. |
Article 3
Executive Management
|
A. |
The Parties hereby establish a Bilateral Oversight Board (the ‘Board’), which shall be responsible for ensuring the effective functioning of this Agreement and shall meet at regular intervals to evaluate the effectiveness of its implementation. |
|
B. |
The Board shall be composed of representatives of:
The Board may invite the participation of subject-specific experts on an ad hoc basis. The Board may establish and oversee the work of technical working groups. The Board shall develop and adopt internal governing procedures. All decisions of the Board shall be taken by consensus with each Party having one vote. These decisions shall be in writing and signed by the Parties’ representatives on the Board. |
|
C. |
The Board may consider any matter related to the functioning of this Agreement. In particular it shall be responsible for:
|
Article 4
General Provisions
|
A. |
Each Party shall accept findings of compliance and approvals made by the other Party’s Technical Agent and, in the case of the United States those made by Aviation Authorities, in accordance with the terms and conditions set forth in the Annexes to this Agreement. |
|
B. |
Except as specified in the Annexes to this Agreement, this Agreement shall not be construed to entail reciprocal acceptance or recognition of standards or technical regulations of the Parties. |
|
C. |
The Parties shall recognise each other’s systems of delegation to designees or regulated entities existing as of the date of entry into force of this Agreement as equivalent for the purpose of complying with each Party’s respective legal requirements. The Parties shall give findings of compliance made by these designees or regulated entities, in accordance with the provisions in the Annexes, the same validity as those made directly by a Technical Agent or Aviation Authority. Delegation systems implemented after the date of entry into force of this Agreement shall be subject to confidence building measures. |
|
D. |
The Parties shall ensure that their Technical Agents and Aviation Authorities fulfil their responsibilities under this Agreement, including its Annexes. |
|
E. |
In the event that a design approval holder transfers its approval to another entity, the Technical Agent responsible for the design approval shall promptly notify the other Technical Agent of the transfer. |
|
F. |
This Agreement, including its Annexes, is binding on both Parties. |
Article 5
Annexes
|
A. |
For matters within the scope of Article 2.B (1), (2) and (3), the Parties agree that each Party’s civil aviation standards, rules, practices and procedures are sufficiently compatible to permit reciprocal acceptance of approvals and findings of compliance with agreed upon standards made by one Party on behalf of the other as specified in the Annexes. The Parties also agree that there are technical differences between their civil aviation systems and they are addressed in the Annexes. |
|
B. |
For matters added to the scope of Article 2.B pursuant to Article 2.C, the Parties or their representatives on the Board shall develop new Annexes describing the terms and conditions for reciprocal acceptance of such findings of compliance and approvals, when they agree that each Party’s civil aviation standards, rules, practices and procedures in any of the added areas of cooperation are sufficiently compatible to permit acceptance of approvals and findings of compliance with agreed upon standards made by one Party on behalf of the other. |
|
C. |
Each of the Annexes shall, at a minimum, contain:
|
Article 6
Regulatory Cooperation and Transparency
|
A. |
The Technical Agents shall develop and adopt procedures for regulatory cooperation in civil aviation safety and environmental testing and approvals, taking into account relevant guidelines on regulatory cooperation between the Parties. Those procedures shall include the opportunity for consultation and participation, whenever possible, of experts from one Party’s Technical Agent, Aviation Authorities, and industry in the early stages of drafting civil aviation regulatory materials by the other Party. |
|
B. |
Subject to the availability of funds, the Parties shall ensure continued trans-Atlantic cooperation on significant aviation safety initiatives, as appropriate. |
Article 7
Cooperation in Quality Assurance and Standardisation Inspection Activities
To promote the continued understanding of and compatibility between each Party’s civil aviation safety regulatory systems, each Technical Agent may participate in the other’s internal quality assurance and standardisation inspection functions related to accreditation and monitoring, as provided in the Annexes.
Article 8
Cooperation in Enforcement Activities
The Parties agree, subject to applicable laws and regulations, to provide through their Technical Agents or Aviation Authorities as appropriate mutual cooperation and assistance in any investigation or enforcement proceedings of any alleged or suspected violation of any laws or regulations under the scope of this Agreement. In addition, each Party shall notify the other promptly of any investigation when mutual interests are involved.
Article 9
Exchange of Safety Data
The Parties agree, subject to applicable laws and regulations,
|
A. |
To provide each other, on request, and in a timely manner, information available to their Technical Agents related to accidents or incidents involving civil aeronautical products or regulated entities, and |
|
B. |
To exchange other safety information in accordance with procedures developed by the Technical Agents. |
Article 10
Applicable Requirements, Procedures, and Guidance Material
The Parties agree to notify each other of all applicable requirements, procedures and guidance material with respect to matters covered by this Agreement.
Article 11
Protection of Proprietary Data and Requests for Information
|
A. |
The Parties recognise that information related to this Agreement submitted by a regulated entity or a Party may contain intellectual property, trade secrets, confidential business information, proprietary data, or other data held in confidence by that regulated entity or another person (restricted information). Unless required by law, neither Party shall copy, release, or show information identified as restricted to anyone other than an employee of that Party without prior written consent of the person or entity possessing confidentiality interests in the restricted information. |
|
B. |
To the extent the European Community shares restricted information with any Aviation Authority or with any entity entrusted with the investigation of accidents and incidents in civil aviation, the European Community shall treat such restricted information as sensitive documents and ensure that such Aviation Authority or entity does not copy, release or share such information with anyone other than an employee of such Aviation Authority or entity, without prior written consent of the person or legal entity possessing confidentiality interests in the restricted information. |
|
C. |
Requests from the public for information referred to in paragraph A of this Article, including access to documents, shall be addressed in accordance with the applicable laws and regulations that apply to the Party receiving such requests. A Technical Agent receiving a request for such information supplied by the other Party or its regulated entities shall consult with the other Party’s Technical Agent prior to releasing such information. The Technical Agents shall provide assistance to each other in responding to these requests as necessary. |
Article 12
Applicability
Unless otherwise provided in the Annexes to this Agreement, this Agreement shall apply, on the one hand, to the United States civil aviation regulatory system as applied in the territory of the United States of America, and on the other hand, to the European Community civil aviation regulatory system as applied in the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty (and any successor instrument).
Article 13
Unimpeded Access
For purposes of surveillance and inspections, each Party’s Technical Agent and Aviation Authorities shall assist the other Party’s Technical Agent with the objective of gaining unimpeded access to regulated entities subject to its jurisdiction.
Article 14
Fees
Each Party shall endeavour to ensure that fees imposed by their Technical Agents on applicants and regulated entities for certification and approval related services under this Agreement are just, reasonable and commensurate with the services.
Article 15
Preservation of Regulatory Authority
Nothing in this Agreement shall be construed to limit the authority of a Party to:
|
A. |
Determine, through its legislative, regulatory and administrative measures, the level of protection it considers appropriate for civil aviation safety and environmental testing and approvals; and |
|
B. |
Take all appropriate and immediate measures necessary to eliminate or minimise any derogation of safety. If either Party takes such action affecting activities within the scope of this Agreement, it shall inform the other Party where appropriate through a Technical Agent or an Aviation Authority as soon as practicable, but no later than 15 days after such action is taken. |
|
C. |
Make changes to its regulations, procedures or standards and apply them to its regulated entities. If any such changes could affect implementation of this Agreement, either Party, or its Technical Agent, may request consultations under Article 17, with a view to amending this agreement. Regardless of the results of such consultations, nothing in this Agreement shall prevent the Party concerned from making the change and applying it to its regulated entities. |
Article 16
Other Agreements
|
A. |
Except as otherwise specified in the Annexes to this Agreement, rights and obligations contained in any agreement concluded by either Party with a third party shall have neither force nor effect upon the other Party under this Agreement. |
|
B. |
In light of and upon entry into force of this Agreement, the United States of America shall take necessary measures, and the European Community shall ensure pursuant to the Treaty establishing the European Community that the Member States of the European Union take necessary measures to amend or terminate, as appropriate, the bilateral agreements listed in Attachment 1 between the United States and individual Member States of the European Union. |
|
C. |
Unless otherwise provided in the Annexes, findings of compliance and approvals valid at the date of entry into force of this Agreement and previously accepted by the United States or a Member State of the European Union under one of the bilateral aviation safety agreements or bilateral airworthiness agreements listed in Attachment 1 shall be considered valid by the Parties to this Agreement under the terms as accepted under the listed agreements, until the approvals are replaced or cancelled. |
Article 17
Consultations and Settlement of Disputes
|
A. |
Either Party may request consultations with the other Party on any matter related to this Agreement. The other Party shall reply promptly to such a request and shall enter into consultations at a time agreed by the Parties within 45 days. |
|
B. |
The Parties’ Technical Agents shall attempt to resolve any disagreement between them regarding their cooperation under this Agreement by consultation in accordance with provisions contained in the Annexes to this Agreement. |
|
C. |
In the event that the Technical Agents are unable to resolve disputes as provided for in paragraph B, either Technical Agent may refer the dispute to the Board, which shall consult on the matter. |
Article 18
Suspension of Acceptance of Findings
|
A. |
Should consultations under Article 17 not resolve the disagreement that relates to findings of compliance and approvals, either Party may notify the other Party of its intention to suspend the acceptance of findings of compliance and approvals over which there is disagreement. Such notification shall be in writing and detail the reasons for suspension. |
|
B. |
Such suspension shall take effect 30 days after the date of the notification, unless, prior to the end of this period, the Party which initiated the suspension notifies the other Party in writing that it withdraws its notification. Such suspension shall not affect the validity of findings of compliance, certificates and approvals made by the Party’s Technical Agents or Aviation Authority in question prior to the date the suspension took effect. Any such suspension that has become effective may be rescinded immediately upon an exchange of written correspondence to that effect by the Parties. |
Article 19
Entry into Force, Amendments, and Termination
|
A. |
This Agreement, including its Annexes, shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for entry into force of this Agreement. |
|
B. |
This Agreement may be amended in writing by mutual consent of the Parties. Such amendments shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for entry into force of this Agreement or any amendments thereto. Amendments of the Annexes may be effected by a decision of the Board. |
|
C. |
Any individual Annex developed by the Board after the date of entry into force of this Agreement shall enter into force upon a decision of the Board. |
|
D. |
This Agreement shall remain in force until terminated by either Party. Such termination shall be effected by 60 days’ written notification from one Party to the other Party. Such termination shall also act to terminate any amendments of this Agreement and all Annexes to this Agreement. Such termination shall not affect the validity of any certificates and other approvals granted by the Parties under the terms of this Agreement, including its Annexes. |
|
E. |
Individual Annexes to the Agreement may be terminated by either Party. Termination of any individual Annex shall be effective 60 days following the date of receipt of notice of termination from one Party to the other Party, unless said notice of termination has been withdrawn. In case of termination of one or more Annexes, the remaining Annexes remain in effect. However, the Parties shall consult on preserving the remainder of the Agreement. Failing consensus to do so, this Agreement may be terminated by either Party. Termination shall be effective 60 days from the date of written notification to that effect from one Party to the other. |
|
F. |
Following notice of termination of this Agreement in its entirety or of any Annexes thereto, the Parties shall continue to meet their obligations under this Agreement or of any Annexes thereto until the effective date of termination. |
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
Done at Brussels this 30th day of June, 2008, in two originals, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish and Swedish languages. In case of divergences of interpretation between the different language texts, the English text shall prevail.
За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
За Cъeдинeнитe aмepикaнcки щaти
Por los Estados Unidos de América
Za Spojené státy americké
For Amerikas Forenede Stater
Für die Vereinigten Staaten von Amerika
Ameerika Ühendriikide nimel
Για τις Ηνωμένες Πολιτείες της Αμερικής
For the United States of America
Pour les États-Unis d'Amérique
Per gli Stati Uniti d'America
Amerikas Savienoto Valstu vārdā
Jungtinių Amerikos Valstijų vardu
az Amerikai Egyesült Államok részéről
Għall-Istati Uniti tal-Amerika
Voor de Verenigde Staten van Amerika
W imieniu Stanów Zjednoczonych Ameryki
Pelos Estados Unidos da América
Pentru Statele Unite ale Americii
Za Spojené štáty americké
Za Združene države Amerike
Amerikan yhdysvaltojen puolesta
På Amerikas förenta staters vägnar
Attachment 1
|
Country |
Bilateral |
|
Austria |
Agreement for Promotion of Aviation Safety; signed at Vienna 14 January 1997 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft; effected by exchange of notes at Washington 30 April 1959 |
|
Belgium |
Agreement concerning the reciprocal acceptance of airworthiness certifications; effected by exchange of notes at Brussels 12 February and 14 May 1973 |
|
Czech Republic |
Operating Procedures between the Federal Aviation Administration (FAA) and the Civil Aviation Inspectorate (CAI) of the Czech Republic for Design Approval, Airworthiness Certification, Continued Airworthiness, and Mutual Cooperation and Technical Assistance Under the Agreement between the United States and Czechoslovakia, signed 29 January 1996 Agreement between the United States and Czechoslovakia concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft; effected by exchange of notes at Prague 1 and 21 October 1970 |
|
Denmark |
Agreement for Promotion of Aviation Safety; signed at Copenhagen 6 November 1998 Agreement concerning the reciprocal acceptance of airworthiness certifications; effected by exchange of notes at Washington 6 January 1982 |
|
Finland |
Agreement for Promotion of Air Safety, signed at Helsinki 2 November 2000 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported civil glider aircraft and civil aircraft appliances; effected by exchange of notes at Washington 7 March 1974 |
|
France |
Agreement for Promotion of Aviation Safety, signed at Paris 14 May 1996 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities Under the Agreement for Promotion of Aviation Safety between the Government of the United States of America and the Government of the French Republic, signed 24 August 2001 Maintenance Implementation Procedures Under the Agreement for Promotion of Aviation Safety between the Government of the United States of America and the Government of the French Republic, signed 14 May 1996 |
|
Germany |
Agreement for Promotion of Aviation Safety, signed at Milwaukee 23 May 1996 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of the Federal Republic of Germany for Promotion of Aviation Safety, Revision 1, signed 3 June 2002 Maintenance Implementation Procedures under the Agreement between the Government of the United States of America and the Government of the Federal Republic of Germany for Promotion of Aviation Safety, signed 6 June 1997 |
|
Ireland |
Agreement for Promotion of Aviation Safety, signed at Dublin 5 February 1997 Maintenance Implementation Procedures under the Agreement for the Promotion of Aviation Safety between the Government of the United States of America and the Government of Ireland, signed 5 February 1999 20 April 1999 |
|
Italy |
Agreement for Promotion of Aviation Safety, signed at Rome 27 October 1999 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of Italy for Promotion of Aviation Safety, signed 4 June 2002 |
|
Netherlands |
Agreement for Promotion of Aviation Safety, signed at The Hague 13 September 1995 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of the Netherlands for Promotion of Aviation Safety, signed 3 June 2002 |
|
Poland |
Agreement concerning the reciprocal acceptance of airworthiness for imported civil aeronautical products, as amended; effected by exchange of notes at Washington 8 November 1976 |
|
Romania |
Agreement for Promotion of Aviation Safety, signed at Bucharest 10 September 2002 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported civil glider aircraft; effected by exchange of notes at Washington 7 December 1976 (Note: The United States requested termination of this agreement in February 2007. U.S. notification and a Romanian response will constitute termination.) Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of Romania for Promotion of Aviation Safety, signed 24 September 2002 |
|
Spain |
Agreement for Promotion of Aviation Safety, signed at Washington 23 September 1999 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft, as amended; effected by exchange of notes at Madrid 23 September 1957 |
|
Sweden |
Agreement for Promotion of Aviation Safety signed at Stockholm 9 February 1998 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of Sweden for Promotion of Aviation Safety, signed 3 June 2002 |
|
UK |
Agreement for Promotion of Aviation Safety, signed at London 20 December 1995 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Promotion of Aviation Safety, signed 23 May 2002 Simulator Implementation Procedures under the Agreement for the Promotion of Aviation Safety dated December 20th, 1995, between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, Revision 1, signed 6 October 2005 |
ANNEX 1
AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION
1. SCOPE
1.1. This Annex covers 1) the reciprocal acceptance of findings of compliance, approvals, and documentation, and 2) technical assistance regarding:
|
(a) |
airworthiness and continued airworthiness of civil aeronautical products (hereinafter referred to as ‘products’); and |
|
(b) |
noise, fuel venting, and exhaust emissions. |
1.2. As provided for in Article 4 of the Agreement, the Parties shall reciprocally accept each other’s findings made under the systems of the Technical Agents or Aviation Authorities, subject to the provisions of this Annex and where applicable, the technical implementation procedures concluded by the Technical Agents.
2. JOINT COORDINATION BODY
2.1. Composition
|
2.1.1. |
A joint technical coordination body called the Certification Oversight Board, accountable to the Bilateral Oversight Board, is hereby established under the joint leadership of the Technical Agents. It shall include representatives from each Technical Agent responsible for airworthiness and environmental certification, quality management systems and rulemaking. |
|
2.1.2. |
The joint leadership may invite additional participants to facilitate the fulfilment of the mandate of this Certification Oversight Board. |
2.2. Mandate
|
2.2.1. |
The Certification Oversight Board shall meet at regular intervals to ensure the effective functioning and implementation of this Annex. Its functions shall include in particular:
|
|
2.2.2. |
The Certification Oversight Board shall report unresolved issues to the Bilateral Oversight Board and ensure the implementation of decisions reached by the Bilateral Oversight Board regarding this Annex. |
3. IMPLEMENTATION
3.1. General
|
3.1.1. |
The Technical Agents shall develop technical implementation procedures for the implementation of this Annex that further address the differences between the Parties’ airworthiness and environmental certification systems. |
|
3.1.2. |
Each Technical Agent and, if applicable, Aviation Authority, shall support the other’s Party’s Technical Agent’s and, if applicable, Aviation Authority’s, requests for access to data under the regulatory control of the other Technical Agent and, if applicable, Aviation Authority, in order to carry out the activities of this Annex. |
3.2. Design Approvals
|
3.2.1. |
The U.S. Technical Agent shall carry out the State of Design functions applicable to the United States under Annex 8 of the Convention on International Civil Aviation done at Chicago on 7 December 1944 (the Chicago Convention) for regulated entities over which it has jurisdiction. |
|
3.2.2. |
The EC Technical Agent shall carry out on behalf of the EU Member States the State of Design functions applicable to them under Annex 8 of the Chicago Convention for regulated entities over which it has jurisdiction. |
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3.2.3. |
To benefit from reciprocal acceptance under this Agreement:
|
|
3.2.4. |
Each Technical Agent shall use a validation process to approve:
that have been, or are in the process of being, approved by the other Party’s Technical Agent in carrying out the State of Design’s functions. The validation process, as defined in the technical implementation procedures, shall be based to the maximum extent practicable on the technical evaluations, tests, inspections, and compliance certifications made by the other Technical Agent. The airworthiness certification basis developed during the validation process of an aircraft, aircraft engine, or propeller shall use the applicable airworthiness standards or codes in effect on the date of application to the Technical Agent carrying out the State of Design functions. The environmental certification basis shall be developed based on the application dates prescribed in the technical implementation procedures. |
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3.2.5. |
The Technical Agents shall ensure that information related to operational requirements that impact design is made available to each other during the validation process. The Aviation Authorities shall make such information available to EASA. |
|
3.2.6. |
The Technical Agents may also use a joint certification process, where appropriate. Joint certification is an alternative form of validation when mutually agreed by the applicant and both Technical Agents, as defined in the technical implementation procedures. Joint certification is particularly appropriate when components of a new product are designed by a regulated entity located within the territory of the other Party. Under joint certification, compliance demonstration and findings are expected to be made locally by the other Party’s Technical Agent. |
|
3.2.7. |
Because the Parties’ regulatory systems for parts, repair design data, and design changes other than those covered by 3.2.4, are considered sufficiently comparable such that a separate approval by the importing Party’s Technical Agent or Aviation Authority is not required, the importing Technical Agent shall accept a part, repair design data or design change when it has already been approved or otherwise accepted by the other Party’s Technical Agent in carrying out the State of Design functions for the part, repair design data, or design change. The technical implementation procedures shall identify when a separate approval by the importing Technical Agent is necessary. |
|
3.2.8. |
Certifying statements related to design approvals, including information on noise and emission levels, shall be defined in the technical implementation procedures. |
|
3.2.9. |
In the event that a design approval holder transfers its approval to another entity, the Technical Agent responsible for the design approval shall promptly notify the other Technical Agent of the transfer. The Technical Agents shall define procedures to facilitate the transfer of certificates between the Parties’ regulated entities in the technical implementation procedures. |
|
3.2.10. |
EASA shall accept the U.S. certification procedures as an acceptable alternative to the European Community’s requirements for demonstrating the capability of an applicant. |
3.3. Continued Airworthiness
|
3.3.1. |
The Technical Agents are committed to take action to address unsafe conditions in products that they have certificated. The Technical Agents shall exchange information on failures, malfunctions and defects received from its approval holders to support the other Technical Agent’s investigation of service difficulties or other potential safety issues. The exchange of this information between the Technical Agents shall be considered to fulfil the obligation of each approval holder to report failures, malfunctions, and defects to the other Party’s Technical Agent under that other Party’s applicable law. Actions to address unsafe conditions and exchange of safety information shall be defined in the technical implementation procedures. |
|
3.3.2. |
Unless otherwise notified by either Party’s Technical Agent:
|
|
3.3.3. |
The FAA shall exercise the State of Manufacture functions applicable to the United States under Annex 8 to the Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life cycle of the product over which it has jurisdiction. The Aviation Authorities and, where applicable, EASA shall exercise the State of Manufacture functions applicable to the EU Member States under Annex 8 to the Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life cycle of the product over which it has jurisdiction. Actions to address unsafe conditions shall be defined in the technical implementation procedures. |
|
3.3.4. |
Any changes to the ownership or airworthiness status of a certificate issued by either Party’s Technical Agent shall be timely communicated to the other Technical Agent. |
3.4. Production
|
3.4.1. |
The Technical Agents and, where applicable, the Aviation Authorities, grant production approvals, based upon an acceptable production quality/inspection system, to a manufacturer under their own regulatory system when that manufacturer is involved in the export of aircraft, aircraft engines, propellers, appliances, or parts to the other Party. Such production approvals shall ensure that all aircraft, aircraft engines, propellers, appliances and parts conform to the approved design of the importing Party, have undergone an operational check if applicable, and are in a condition for safe operation at the time of export. |
|
3.4.2. |
Because the Parties’ regulatory systems for production are considered sufficiently comparable, the importing Technical Agent or Aviation Authority shall not issue its own production approval for those manufacturers regulated by the exporting Party. |
|
3.4.3. |
Each Technical Agent and, where applicable, Aviation Authorities, shall recognise the other Technical Agent’s or Aviation Authorities’ production approvals including:
|
|
3.4.4. |
Each Party’s Technical Agent and, if applicable, Aviation Authorities, shall fulfil their respective regulatory obligations to oversee manufacturers, and suppliers approved under the manufacturer’s quality system, located within the other’s Party’s territory by relying on the other Party’s surveillance system when all the following conditions are met:
|
|
3.4.5. |
For parts manufactured under the regulatory system of one Party at a facility located in the other Party’s territory, the Technical Agents and Aviation Authorities shall accept Authorised Release Certificates or other documents, as agreed, in lieu of their own documentation under the following conditions:
|
|
3.4.6. |
For products manufactured under a licensing agreement, the Technical Agents shall establish procedures to ensure that all changes introduced into the design by the licensee are approved, through the design approval holder, by the Technical Agent carrying out the responsibilities of the State of Design for the product. |
3.5. Export Airworthiness Certification
|
3.5.1. |
Each Party’s Technical Agent or, where applicable, the Aviation Authorities, shall reciprocally accept the other Party’s certifications of airworthiness for all products when a product is exported from one Party’s regulatory jurisdiction to the other Party’s regulatory jurisdiction with the appropriate airworthiness certification. The Technical Agents and, where applicable, the Aviation Authorities or appropriately approved organisations, shall issue the following airworthiness documentation with each export:
|
|
3.5.2. |
For new products, the Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall certify, by the issuance of a specific airworthiness export document, that an aircraft, aircraft engine, propeller, part or appliance:
|
|
3.5.3. |
The Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall also accept a used civil aircraft for either standard or special/restricted airworthiness certification only if a type certificate or European restricted type certificate holder exists to support continued airworthiness of the aircraft and when the other Party’s Technical Agent or Aviation Authority certifies that the aircraft:
The inspection and maintenance records to accompany a used aircraft are detailed in the technical implementation procedures. |
|
3.5.4. |
All airworthiness documentation shall contain appropriate certifying statements, as specified in the technical implementation procedures. |
|
3.5.5. |
If, in the process of making an airworthiness certification, the exporting Technical Agent or Aviation Authority is unable to satisfy all of the requirements specified in paragraph 3.5.2 (a)-(f) or 3.5.3, the exporting Technical Agent or Aviation Authority shall:
|
|
3.5.6. |
In addition to the products listed in Appendix to this Annex, the FAA shall continue to accept products that were included in the scope of a bilateral agreement related to airworthiness listed in Attachment 1 of the Agreement that conform to an FAA-approved design provided that they were manufactured and issued an appropriate airworthiness certification prior to the date of entry into force of this Agreement. |
|
3.5.7. |
The European Community shall not require the specific marking European Parts Approval (EPA) for parts imported from the United States except where EASA is acting as the State of Design. |
4. ACCEPTANCE OF FINDINGS AND APPROVALS
4.1. Qualification Requirements for the Acceptance of Findings and Approvals
|
4.1.1. |
The Technical Agents and, where applicable, the Aviation Authorities, shall establish a certification and oversight system for the various activities included in the scope of this Annex. This system shall be documented and include the organisational structure, staff qualifications, and internal policies and procedures used to perform those activities. |
|
4.1.2. |
Each Technical Agent and, where applicable, the Aviation Authorities, shall demonstrate sufficient knowledge of each other’s system in terms of airworthiness and environmental requirements, associated policy and guidance material, procedures and organisational structure. |
|
4.1.3. |
Each Technical Agent and, where applicable, the Aviation Authorities, shall ensure that staff are appropriately qualified and have sufficient knowledge, experience, and training to perform their responsibilities under this Agreement. |
|
4.1.4. |
These systems shall be subject to internal quality audits, accreditation or standardisation inspections. The technical implementation procedures shall define the Technical Agents’ periodic participation in each other’s internal quality audits, accreditation or standardisation inspections, including the inspections of Aviation Authorities described in paragraph 4.2.3, in order to maintain mutual confidence in each other’s systems. The Technical Agents and the Aviation Authorities shall submit to such inspections and ensure that regulated entities provide access to both Technical Agents. |
4.2. Qualifications of the Technical Agents and Aviation Authorities
|
4.2.1. |
Subject to any conditions defined in the technical implementation procedures, the Technical Agents are deemed to meet the requirements specified in paragraphs 4.1.1 to 4.1.3, following a confidence building process. For airworthiness certification, the confidence building process has been completed as evidenced by the inclusion of this Annex to the Agreement. For environmental certification, the confidence building process is defined in the technical implementation procedures. |
|
4.2.2. |
The Aviation Authorities that meet the requirements in paragraphs 4.1.1 to 4.1.3 for production and airworthiness certification functions are listed in Appendix to this Annex, with their scope of activity. |
|
4.2.3. |
If following a standardisation inspection by EASA, the European Community determines that other Aviation Authorities meet the requirements specified in paragraphs 4.1.1 to 4.1.3, the Technical Agents shall follow the process outlined in Section 1 of the technical implementation procedures. Following completion of the process, if they deem it appropriate, the Technical Agents shall then propose to the Bilateral Oversight Board any amendments to Appendix, including changes in scope of an Aviation Authority’s activities. |
|
4.2.4. |
If one Technical Agent believes that the other Technical Agent’s or any of the Aviation Authorities’ technical competency is no longer adequate, the Technical Agents shall consult and propose an action plan, including any confidence building activities, in order to address deficiencies. Similarly, if either Technical Agent believes that the acceptance of findings or approvals made by an Aviation Authority should be suspended, the Technical Agents shall consult. If confidence is not restored through mutually acceptable means, either Technical Agent may refer the matter to the Bilateral Oversight Board. If the problem is not solved through mutually acceptable means, either Party may notify the other Party according to Article 18.A of the Agreement. |
|
4.2.5. |
Similarly, the Technical Agents shall consult whenever either Technical Agent proposes to consider the reinstatement of an Aviation Authority that has previously been removed from Appendix by the Bilateral Oversight Board or whose findings or approvals have been suspended. |
5. COMMUNICATIONS
All communications between the Technical Agents and, where applicable, the Aviation Authorities, including documentation, shall be in the English language. The Technical Agents may agree to exceptions for certification compliance data on a case-by-case basis.
6. TECHNICAL CONSULTATIONS
The Technical Agents agree to resolve issues associated with implementation of this Annex through consultation. The Technical Agents shall make every effort to resolve issues at the lowest possible technical level using the process outlined in the technical implementation procedures before elevating the issue to the Bilateral Oversight Board.
7. TECHNICAL ASSISTANCE
7.1. Upon request and after mutual agreement, each Party’s Technical Agent or, where applicable, an Aviation Authority, shall provide technical assistance to the other Party’s Technical Agent or, where applicable, an Aviation Authority, in certification and continued airworthiness oversight activities related to design, production, airworthiness, and environmental certification within each other’s territory. The process for conducting such assistance is described in the technical implementation procedures.
7.2. The Technical Agents or the Aviation Authorities may decline to provide such technical assistance due to lack of resource availability, because the product is not within the scope of this Agreement or there is no regulatory involvement with the facility.
7.3. When technical assistance is provided, the Technical Agent or, where applicable, the Aviation Authority, providing the assistance shall apply their respective Party’s regulatory system and procedures, unless otherwise agreed by the Technical Agents or, where applicable, the Aviation Authority. Technical assistance including conformity inspection, test witnessing, and compliance determinations may be conducted by approved/delegated organisations. In cases where a European Community approved organisation does not have these privileges within its production authorisation, Aviation Authorities may provide such assistance directly or by extending to the organisation such privileges. In cases where a European Community approved organisation does not have such privileges within its design authorisation, EASA may provide the technical assistance directly or by extending to the organisation such privileges.
7.4. Technical assistance may also be requested related to the import of used aircraft that were originally exported from the United States or the European Community. Each Party’s Technical Agent or, where applicable, the Aviation Authorities, shall assist the other Party’s Technical Agent or Aviation Authority, as applicable, in obtaining information regarding the configuration of the aircraft at the time it left the manufacturer.
8. NOTIFICATION OF INVESTIGATION OR ENFORCEMENT ACTION
Each Party’s Technical Agents and, where applicable, the Aviation Authorities shall notify the other Party’s Technical Agent and, where applicable, the Aviation Authorities, promptly of their own investigation or enforcement action that may involve 1) a product or regulated entity for airworthiness or environmental certification or 2) an action of a Technical Agent or Aviation Authority that appears not to comply with this Annex. The Technical Agents and, where applicable, the Aviation Authorities, shall cooperate in sharing information needed for any such investigation or enforcement action including its closure.
Appendix
AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION
EASA, AVIATION AUTHORITY, AND U.S. PRODUCTS, ASSOCIATED EXPORT DOCUMENTATION, AND TECHNICAL ASSISTANCE ACTIVITY ACCEPTED UNDER THIS AGREEMENT
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European Community Technical Agent |
Products, export documentation, and technical assistance activities |
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EASA |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Aviation Authority in Listed EU Member State |
Products, export documentation, and technical assistance activities |
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Austria |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Belgium |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Czech Republic |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Denmark |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Finland |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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France |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Acceptance of French Documentation on Parts Produced in France under a U.S. Production Approval |
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Germany |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Acceptance of German Documentation on Parts Produced in Germany under a U.S. Production Approval |
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Italy |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Acceptance of Italian Documentation on Parts Produced in Italy under a U.S. Production Approval |
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Lithuania |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Luxembourg |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Netherlands |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Poland |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Portugal |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Romania |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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(Slovakia) |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Spain |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Sweden |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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United Kingdom |
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Products and Associated Export Documentation Accepted for Import into the U.S. |
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Technical Assistance Activities Performed on Behalf of FAA |
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Acceptance of U.K. Documentation on Parts Produced in the U.K. under a U.S. Production Approval |
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United States Technical Agent |
Products, export documentation, and technical assistance activities |
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FAA |
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Products and Associated Export Documentation Accepted for Import into the EU |
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Technical Assistance Activities Performed on Behalf of EASA |
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ANNEX 2
MAINTENANCE
1. PURPOSE & SCOPE
The Parties have assessed each other’s standards and systems relating to the approval of repair stations/maintenance organisations that perform maintenance on civil aeronautical products. Consistent with Article 4.A. of the Agreement, this Annex covers the reciprocal acceptance of findings of compliance, approvals, documentation, and technical assistance regarding approvals and monitoring of repair stations/maintenance organisations as detailed in appendices hereto. Nothing in this Annex shall be construed to limit the authority of a Party to act in accordance with Article 15 of the Agreement.
2. DEFINITIONS
2.1. ‘Overhaul’ means a process that ensures the aeronautical article is in complete conformity with the applicable service tolerances specified in the type certificate holder’s, or equipment manufacturer’s instructions for continued airworthiness, or in the data which is approved or accepted by the Authority.
No person may describe an article as being overhauled unless it has been at least disassembled, cleaned, inspected, repaired as necessary, reassembled and tested in accordance with the above-specified data.
2.2. ‘Alteration or modification’ means a change to the construction, configuration, performance, environmental characteristics, or operating limitations of the affected civil aeronautical product.
2.3. ‘Data approved by the FAA’ means data approved by the FAA Administrator or the Administrator’s designated representative, including EC design data reciprocally accepted under Annex 1.
2.4. ‘Data approved by EASA’ means data approved by the EC Technical Agent or by an organisation approved by that Technical Agent, including US design data reciprocally accepted under Annex 1.
2.5. ‘Special Conditions’ means those requirements in either Title 14 of the United States Code of Federal Regulations, parts 43 and 145 (hereinafter referred to as 14 CFR part 43 or 145 as applicable) or in Commission Regulation (EC) No 2042/2003 Annex II (hereinafter referred to as EASA Part-145) that have been found, based on a comparison of the regulatory maintenance systems, not to be common to both systems and which are significant enough that they must be addressed.
3. JOINT COORDINATION BODY
3.1. Composition
|
3.1.1. |
A Joint Maintenance Coordination Board (JMCB), accountable to the Bilateral Oversight Board, is hereby established under the joint leadership of the EASA Director responsible for Organisation Approvals and the FAA Director of Flight Standards. It shall include, from each Technical Agent, the appropriate representatives responsible for maintenance and quality management systems and rulemaking as appropriate. |
|
3.1.2. |
The joint leadership may invite additional participants to facilitate the fulfilment of the mandate of the JMCB. |
3.2. Mandate
|
3.2.1. |
The JMCB shall meet at least once a year to ensure the effective functioning and implementation of this Annex. Its functions shall include:
|
|
3.2.2. |
The JMCB shall report unresolved issues to the Bilateral Oversight Board and ensure the implementation of decisions reached by the Bilateral Oversight Board regarding this Annex. |
4. IMPLEMENTATION
4.1. Subject to the terms of this Annex, the Parties agree that their Technical Agents shall accept inspections and monitoring of repair stations/maintenance organisations made by the other technical agent or where applicable Aviation Authorities, for findings of compliance with their respective requirements as the basis for issuance and continued validity of certificates.
4.2. The certificate issued by a Technical Agent under this Annex, shall not exceed the scope of the ratings and limitations contained in the certificate issued by the other Technical Agent or Aviation Authority.
4.3. FAA certificates
|
4.3.1. |
Without prejudice to the FAA Administrator’s discretion under 14 CFR part 145, a maintenance organisation shall be issued an FAA certificate and operations specifications if it has been approved for maintenance by an Aviation Authority identified in Appendix 2 of this Annex in accordance with Annex II of Commission Regulation (EC) No 2042/2003, complies with the conditions set forth in this Annex, including the FAA Special Conditions set forth in Appendix 1, and an Aviation Authority has issued a recommendation or endorsement to the FAA for certification. |
|
4.3.2. |
The FAA certificate shall only cover additional fixed stations located within a Member State listed in Appendix 2. Each additional fixed location must also be under the surveillance of an Aviation Authority identified in Appendix 2. |
|
4.3.3. |
The FAA certificate shall only cover line stations located within an EU Member State and under the surveillance of an Aviation Authority identified in Appendix 2. |
4.4. EASA certificates
|
4.4.1. |
A repair station shall be issued an EASA certificate as detailed in Appendix 4, if it has been approved for maintenance by the FAA in accordance with 14 CFR part 145, complies with the conditions set forth in this Annex including the EASA Special Conditions set forth in Appendix 1, and the FAA has issued a recommendation and endorsement for approval to EASA, except if the EASA Executive Director finds that such action is not necessary for maintaining or altering aeronautical products registered or designed in an EU Member State or parts fitted on these products or the EASA’s resources do not permit handling the application. |
|
4.4.2. |
The EASA certificate shall only cover line stations located within the territory of the United States. |
4.5. The Technical Agents, and where applicable the Aviation Authorities, shall:
|
(a) |
provide recommendations or endorsements for certification of repair stations to the FAA and of maintenance organisations to the EASA; |
|
(b) |
perform surveillance and provide reports regarding continued compliance with the requirements described in this Annex by maintenance organisations in the European Community and repair stations in the United States; |
|
(c) |
accept or approve, as appropriate, the supplement to the organisation’s manual/exposition submitted by the applicant and found to be in compliance with Appendix 1; |
|
(d) |
comply with the procedures as specified in the Appendix 3. |
4.6. Each Party’s Technical Agent, or where applicable Aviation Authority, shall provide upon request technical assistance in maintenance activities to the other Party’s Technical Agent, or where applicable Aviation Authority, to advance the purposes of this Annex. The Technical Agents or the Aviation Authorities may decline to provide such technical assistance due to lack of resource availability, because the maintenance activity is not within the scope of this Annex or there is no regulatory involvement with the facility. Such areas of assistance may include, but are not limited to:
|
(a) |
conducting and reporting on investigations upon request; |
|
(b) |
obtaining and providing data for reports where requested. |
4.7. The Technical Agents may conduct independent inspections of repair stations/maintenance organisations when specific safety concerns warrant in accordance with Article 15.B of the Agreement.
4.8. The Parties agree that maintenance and alterations or modification performed on a civil aeronautical product under the regulatory control of one Party may be accomplished and that product returned to service by a repair station/maintenance organisation under the regulatory control of the other Party, where it has been approved in accordance with the provisions of this Annex.
4.9. The Parties agree that emergency or non-routine maintenance may be performed outside the territory specified in Article 12 to the Agreement in order to maintain an aircraft or component, subject to prior approval. The approval for emergency or non-routine maintenance shall be granted in accordance with procedures defined by the JMCB.
4.10. Revisions by either Party, to their civil aviation organisation, regulations, procedures, or standards, including those of the Technical Agents and Aviation Authorities, may affect the basis on which this Annex is executed. Accordingly, the Parties, through the Technical Agents and Aviation Authorities, as appropriate, shall advise each other of plans for such changes at the earliest possible opportunity, and discuss the extent to which such planned changes affect the basis of this Annex. If consultations pursuant to Article 15 C. of the Agreement result in an agreement to amend this Annex, the Parties shall seek to ensure that such an amendment enters into force at the same time as, or as soon as possible after, the entry into force or implementation of the change that prompted such amendment.
5. COMMUNICATION AND COOPERATION
5.1. The Parties, through the JMCB, shall exchange a list of contact points for the various technical aspects of this Annex. This list shall be maintained by the Technical Agents.
5.2. All communications between the Parties, including technical documentation provided for review or approval as detailed in this Annex, shall be in the English language.
5.3. When urgent or unusual situations develop, the Technical Agents’, and where applicable the Aviation Authorities’ contact points shall communicate and ensure that the appropriate immediate actions are taken.
6. QUALIFICATION REQUIREMENTS FOR THE ACCEPTANCE OF FINDINGS OF COMPLIANCE
6.1. Basic Requirements
|
6.1.1. |
Each Party’s Technical Agent and Aviation Authorities, as applicable, shall demonstrate to the other Party’s Technical Agent their respective systems for the regulatory oversight of repair stations/maintenance organisations. In order to carry out oversight of repair stations/maintenance organisations on behalf of the other Party, each Party’s Technical Agents and Aviation Authorities, as applicable, shall demonstrate, in particular, effective and adequate:
|
6.2. Initial confidence
|
6.2.1. |
The Technical Agents and Aviation Authorities identified in Appendix 2 of this Annex at the time of entry into force of the Agreement meet the requirements of this Annex, following the confidence building process conducted for the purpose of entering into the Agreement. |
|
6.2.2. |
When the JMCB determines that an Aviation Authority has successfully completed an assessment for compliance with the requirements of this Annex, it shall make a proposal to the Bilateral Oversight Board for the inclusion of the Aviation Authority in Appendix 2. |
6.3. Continued confidence
|
6.3.1. |
The Technical Agents and Aviation Authorities shall continue to demonstrate effective oversight as detailed in paragraph 6.1.1 according to JMCB procedures.
|
7. NOTIFICATION OF INVESTIGATION OR ENFORCEMENT ACTION
7.1. Consistent with the provision of Article 8 of the Agreement, each Party, through its Technical Agents, and where applicable, the Aviation Authorities, shall notify each other promptly of any investigation and subsequent closure actions for a non-compliance within the scope of this Annex by a repair station/maintenance organisation under the regulatory control of the other Party that could result in an enforcement action in the form of a penalty or the revocation, suspension, or limitation of a certificate.
7.2. The notification shall be sent to the other Party’s appropriate contact point identified in the list referred to in Article 5 of this Annex.
7.3. The Parties retain the right to take such enforcement action. However, in some cases, a Party may choose to review a remedial action taken by the other Party. The enforcement consultation process under this Annex will be subject to a regular joint review by the JMCB.
7.4. In the event of a revocation or suspension of an FAA 14 CFR part 145 certificate of a repair station or a certificate for an Approved Maintenance Organisation pursuant to Commission Regulation (EC) No 2042/2003 Annex II, the Technical Agent and where applicable, Aviation Authority shall notify the other Technical Agent of the revocation or suspension.
8. TRANSITION PROVISIONS
8.1. For the transition of approvals issued pursuant to the bilateral agreements between the United States and European Community Member States listed in Attachment 1 of the Agreement and valid at the time of the entry into force of this Annex, the Parties agree to the following transition provisions.
8.2. Notwithstanding Article 16 C, repair station/maintenance organisation approvals issued by a Technical Agent or Aviation Authority pursuant to Maintenance Implementation Procedures (hereinafter referred to as ‘MIPs’) under the bilateral agreements listed in Attachment 1 of the Agreement and valid at the time of the entry into force of this Annex, shall be considered to be valid by the Parties to this Agreement under the terms as accepted under the listed agreements for a period of 2 years from the entry into force of this Annex, provided that the repair station/maintenance organisation that received such approvals remains in compliance with the Special Conditions contained in the MIPs, as amended, until such time as they transition to the Special Conditions of this Annex.
9. TRANSFER PROVISIONS
The Parties agree that the transition of approvals of repair stations located in EU Member States listed in Appendix 2, but under the direct oversight of the FAA on the date of entry into force of this Annex, shall be accomplished in accordance with the following transfer provisions.
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An Aviation Authority must complete training of its personnel regarding procedures relating to the Agreement, this Annex and the FAA Special Conditions prior to repair stations being transferred. |
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Once a sufficient number of staff has completed the training to provide oversight of the facilities transferred in accordance with this Annex, the FAA shall transfer the activities of inspecting, monitoring and surveillance of qualified 14 CFR part 145 repair stations to the appropriate Aviation Authority. |
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The transfers to the Aviation Authorities shall take place within 2 years of the date of the entry into force of this Annex in accordance with JMCB approved procedures. |
10. FEES
Fees shall be applied in accordance with Article 14 of the Agreement and in accordance with applicable regulatory requirements.
Appendix 1
SPECIAL CONDITIONS
1. EASA SPECIAL CONDITIONS APPLICABLE TO U.S.-BASED REPAIR STATIONS
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1.1. |
To be approved in accordance with EASA Part-145, pursuant to the terms of this Annex, the repair station shall comply with all of the following Special Conditions.
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1.2. |
To continue to be approved in accordance with EASA Part-145, pursuant to the terms of this Annex, the repair station shall comply with the following. The FAA shall verify that the repair station:
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2. FAA SPECIAL CONDITIONS APPLICABLE TO EU BASED APPROVED MAINTENANCE ORGANISATIONS (AMOS)
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2.1. |
To be approved in accordance with CFR part 145, pursuant to the terms of this Annex, the AMO shall comply with all of the following Special Conditions.
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2.2. |
To continue to be approved in accordance with 14 CFR part 43 and part 145, pursuant to the terms of this Annex, the AMO shall comply with the following. The Aviation Authority shall verify that the AMO:
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Appendix 2
Technical Agents considered qualified for the purposes of this Annex:
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The Federal Aviation Administration |
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The European Aviation Safety Agency |
Aviation Authorities of the following EU Member States are considered qualified for the purposes of this Annex:
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The Republic of Austria |
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The Kingdom of Belgium |
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The Czech Republic |
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The Kingdom of Denmark |
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The Republic of Finland |
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The French Republic |
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The Federal Republic of Germany |
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Ireland |
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The Italian Republic |
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The Grand Duchy of Luxembourg |
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The Republic of Malta |
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The Kingdom of the Netherlands |
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The Republic of Poland |
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The Portuguese Republic |
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The Kingdom of Spain |
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The Kingdom of Sweden |
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The United Kingdom of Great Britain and Northern Ireland |
Appendix 3
AVIATION AUTHORITY PROCEDURES
The Aviation Authority acting on behalf of the FAA shall in accordance with agreed JMCB guidance and procedures carry out the following actions:
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1. |
for initial Maintenance Organisation Application:
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2. |
For renewal of a Maintenance Organisation’s FAA certificate: Renewals are to be conducted 12 months after the initial certification and every 24 months thereafter.
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3. |
For change or amendment to the FAA certificate:
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Appendix 4
EASA FORM 3 — U.S. APPROVAL CERTIFICATE
APPROVAL CERTIFICATE
REFERENCE EASA.145.XXXX
Taking into account the provisions of Article 9(2) of Regulation (EC) No 1592/2002 of the European Parliament and of the Council and the bilateral agreement currently in force between the European Community and the Government of the United States of America, the European Aviation Safety Agency (EASA) hereby certifies:
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COMPANY’S NAME |
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ADDRESS |
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ADDRESS |
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ADDRESS |
as a Part-145 maintenance organisation approved to maintain the products listed in the FAA Air Agency Certificate and associated Operations Specifications and issue related certificates of release to service using the above reference, subject to the following conditions:
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1. |
the scope of the approval is limited to that specified on the 14 CFR part 145 repair station Air Agency Certificate, and the associated Operations Specifications for work carried out in the United States (unless otherwise agreed in a particular case by EASA); |
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2. |
the approval scope shall not exceed the permitted EASA Part-145 ratings as detailed in Regulation EC (No) 2042/2003; |
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3. |
this approval requires continued compliance with 14 CFR part 145 and the differences as specified in the Maintenance Implementation Procedures, including the use of the FAA Form 8130-3 for release/return to service of components up to and including power plants; |
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4. |
certificates of return to service must quote the EASA Part-145 approval reference number quoted above and the 14 CFR part 145 Air Agency Certificate number; |
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5. |
subject to compliance with the foregoing conditions, this approval shall remain valid until: (2 year validity period) unless the approval is surrendered, superseded, suspended or revoked. |
Date of issue
Signed
For EASA