INTERIM PROCEDURES FOR WORKING WITH THE EUROPEAN COMMUNITY ON
AIRWORTHINESS CERTIFICATION AND CONTINUED AIRWORTHINESS

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XXXX, 2005

**DEPARTMENT OF TRANSPORTATION**

**FEDERAL AVIATION ADMINISTRATION**

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FAA Form 1320-5 (6-80) USE PREVIOUS EDITION

**FOREWORD**

This order describes the procedures that Federal Aviation Administration
(FAA) employees, designees, and delegations must follow when working
with the European Community on the import or export of civil
aeronautical products, parts, and appliances. This order addresses type,
production, and airworthiness certification. It also addresses continued
airworthiness.

On July 15, 2002, the European Parliament and the Council of the
European Union (EU) adopted Regulation (EC) No 1592/2002 (Basic
Regulation). It set common civil aviation rules in the EU and
established a European Aviation Safety Agency (EASA). Effective
September 28, 2003, EASA and the National Aviation Authorities (NAA) of
EU Member States assumed their respective shared responsibilities for
certificating and overseeing design, production, and maintenance of all
civil aviation products in the EU.

If you find any deficiencies, need clarification, or want to suggest
improvements on this order, send a copy of FAA Form 1320‑19, Directive
Feedback Information (written or electronically), to the Aircraft
Certification Service, Planning and Financial Resources Management
Branch, AIR‑530, Attention: Directives Management Officer. Form 1320‑19
is on the last page of this order. You can also get the form
electronically from the FAA web site
([http://feds.faa.gov](http://feds.faa.gov/)) and submit it by e‑mail to
[9‑AWA‑AIR‑EASA@faa.gov](mailto:9%1EAWA%1EAIR%1EEASA@faa.gov) or by fax
to (202) 493-5144. Always use Form 1320‑19 to follow up each verbal
conversation.

John Hickey

Director, Aircraft Certification Service, AIR-1

**TABLE OF CONTENTS**

# CHAPTER 1. GENERAL

*Paragraph Page*

[1-1. Purpose 1](#__RefHeading___Toc104199142)

[1-2. Distribution 1](#__RefHeading___Toc104199143)

[1-3. Cancellation 1](#__RefHeading___Toc104199144)

[1-4. Explanation of Major Changes 1](#__RefHeading___Toc104199145)

[1-5. Authority to Change this Order 1](#__RefHeading___Toc104199146)

> [1-6. Applicability 1](#__RefHeading___Toc104199147)
>
> [1-8. Relationship to Other Orders on Bilateral Activities
> 2](#__RefHeading___Toc104199149)
>
> [1-9. Deviations 2](#__RefHeading___Toc104199150)
>
> [1-10. Requests for Information 2](#__RefHeading___Toc104199151)
>
> [1-11. Records Management 2](#__RefHeading___Toc104199152)

# CHAPTER 2. THE NEW EU SYSTEM AND OUR BILATERAL AGREEMENTS

[2-1. Transition to the New EU Regulatory System
3](#__RefHeading___Toc104199153)

[2-2. How the European Community Divides Responsibilities
4](#__RefHeading___Toc104199154)

> [Figure 2-1. Rulemaking and Policy Responsibilities
> 5](#__RefHeading___Toc104199155)
>
> [Figure 2-2. Airworthiness Certification Responsibilities
> 6](#__RefHeading___Toc104199156)
>
> Figure 2-3. Oversight and Standardization Responsibilities 8

[2-3. Related EU Policy and Guidance 8](#__RefHeading___Toc104199157)

[2-4. Bilateral Agreements 8](#__RefHeading___Toc104199158)

> [Figure 2-4. Current EU Member States 8](#__RefHeading___Toc104199159)

[2-5. Type Validation Principles (TVP) 9](#__RefHeading___Toc104199160)

[2-6. Recognition of Delegation and Designee Systems
9](#__RefHeading___Toc104199162)

**CHAPTER 3. IMPORTING EU PRODUCTS INTO THE U.S.**

[3-1. Design Approval Validations 11](#__RefHeading___Toc104199163)

> [Figure 3-1. Design Changes for EU Products Imported into the U.S.
> 15](#__RefHeading___Toc104199164)

[3-2. Airworthiness Certification of EU Products
16](#__RefHeading___Toc104199165)

> [Figure 3-2. Accepting EU Products, Parts, and Articles into the U.S.
> 18](#__RefHeading___Toc104199166)

[3-3. Identification and Marking 19](#__RefHeading___Toc104199167)

[3-4. Continued Airworthiness of EU Products Operating in the United
States 19](#__RefHeading___Toc104199168)

**CHAPTER 4. EXPORTING U.S. PRODUCTS TO THE EU**

[4-1. Validation Process Changes 21](#__RefHeading___Toc104199169)

[4-2. Design Approval Validation 21](#__RefHeading___Toc104199170)

> [Figure 4-1. EU Certification Basis and Type Design Definition
> 23](#__RefHeading___Toc104199171)
>
> [Figure 4-2. Data for Design Changes and Repairs for U.S. Products\
> Exported to the EU 28](#__RefHeading___Toc104199172)

*Paragraph Page*

[4-3. Export of U.S. Products to the EU
29](#__RefHeading___Toc104199173)

> [Figure 4-3. Exporting U.S. Products, Parts, and Articles to the EU
> 32](#__RefHeading___Toc104199174)

[4-4. Continued Airworthiness of U.S. Products Operating in the EU
33](#__RefHeading___Toc104199175)

**CHAPTER 5. RULEMAKING AND OTHER ADMINISTRATIVE COORDINATION**

[5-1. Rulemaking, Policy, and Guidance 35](#__RefHeading___Toc104199176)

[5-2. Record Keeping 35](#__RefHeading___Toc104199177)

> [Figure 5-1. Record Keeping Responsibilities
> 36](#__RefHeading___Toc104199178)

[5-3. Protecting Proprietary Data and Support for Requests under Freedom
of Information, Freedom of the Press Act, etc.
36](#__RefHeading___Toc104199179)

[5-4. Forms 36](#__RefHeading___Toc104199180)

**CHAPTER 6. TECHNICAL ASSISTANCE BETWEEN AUTHORITIES**

[6-1. Technical Assistance Requests 37](#__RefHeading___Toc104199181)

[6-2. Requesting Conformity Inspections or Surveillance Support from the
EU 37](#__RefHeading___Toc104199182)

[6-3. Requesting Test Witnessing from the EU
37](#__RefHeading___Toc104199183)

[6-4. Compliance Findings to EU Requirements
38](#__RefHeading___Toc104199184)

[6-5. Issuance of Airworthiness Certificates
38](#__RefHeading___Toc104199185)

[6-6. International Cooperative Supplier Surveillance Program (ICSSP)
38](#__RefHeading___Toc104199186)

[6-7. Requesting Production Oversight Support from the EU
38](#__RefHeading___Toc104199187)

[6-8. Access to Facilities 38](#__RefHeading___Toc104199189)

**APPENDIX 1. BASIC REGULATION (EC) NO 1592/2002, ANNEX II (1 page)**

**APPENDIX 2. EU CONTACTS (1 page)**

**APPENDIX 3. ACCEPTED PRODUCTS AND SERVICES FROM EU MEMBER STATES
HAVING BILATERAL AGREEMENTS WITH THE U.S. (6 pages)**

**APPENDIX 4. TYPE CERTIFICATE DATA SHEET (TCDS) IMPORT REQUIREMENTS FOR
EU COMMUNITY PRODUCTS (2 pages)**

# APPENDIX 5. EASA FORMS (8 pages)

> Figure 1. EASA Form 15, Airworthiness Review Certificate A5-2
>
> Figure 2. EASA Form 25, Certificate of Airworthiness A5-3
>
> Figure 3. EASA Form 45, Noise Certificate A5-4
>
> Figure 4. EASA Form 24, Restricted Certificate of Airworthiness A5-5
>
> Figure 5. EASA Form 20, Permit to Fly A5-6
>
> Figure 6. EASA Form 1, Authorised Release Certificate A5-7

**APPENDIX 6. ACRONYMS (3 pages)**

# CHAPTER 1. GENERAL

**1-1. PURPOSE.** This order provides interim policy and guidance on how
to interact with the European Aviation Safety Agency (EASA) and the
National Aviation Authorities (NAA) of European Union (EU) Member States
for the purposes of type, production, and airworthiness certification,
and continued airworthiness of aeronautical products.

**1-2. DISTRIBUTION.** Distribute this order to the following Federal
Aviation Administration (FAA) offices:

a.  Aircraft Certification Service (AIR) branch levels of Washington
    headquarters and all Aircraft Certification Directorates, including
    all Aircraft Certification Offices (ACO); Manufacturing Inspection
    Offices (MIO), Manufacturing Inspection District Offices (MIDO),
    Manufacturing Inspection Certificate Management Offices (CMO), and
    Manufacturing Inspection Satellite Offices (MISO); Directorate
    Standards Staffs; the Aircraft Certification Branch at the FAA
    Academy; and the Brussels International Policy Branch;

b.  Flight Standards Aircraft Maintenance Division and all Flight
    Standards Aircraft Evaluation Groups, Flight Standards District
    Offices (FSDO), Flight Standards CMO, and all Flight Standards
    International Field Offices; and

c.  Suspected Unapproved Parts (SUP) Program Office.

**1-3. CANCELLATION**[]{#__RefHeading___Toc104199144 .anchor}**.**
Federal Aviation Administration (FAA) Order 8100.14, *Interim Procedures
for Working with the European Community on Airworthiness Certification
and Continued Airworthiness*, dated September 30, 2003, is canceled.

**1-4. EXPLANATION OF MAJOR CHANGES**[]{#__RefHeading___Toc104199145
.anchor}**.** This revision provides updated information regarding
implementation of EASA policies and procedures.

**1-5. AUTHORITY TO CHANGE THIS ORDER**[]{#__RefHeading___Toc104199146
.anchor}**.** The Aircraft Certification Service (AIR) International
Policy Office (AIR-40) is responsible for issuing, revising, or
canceling the material in this order.

**1-6. APPLICABILITY**[]{#__RefHeading___Toc104199147 .anchor}**.**

a.  This order is intended primarily for ACOs, Directorate Standards
    Staffs, MIOs, MIDO/CMOs, and Flight Standards Offices that:

-   Conduct type certification and validate design approvals;

-   Oversee production and continued airworthiness; and

-   Accept the import/export of products between the United States and
    the EU Member States.

b.  This order ***addresses the significant differences*** in policy and
    procedures that are required by the ongoing changes in Europe.

**1-7. RELATIONSHIP TO OTHER ORDERS ON BILATERAL
ACTIVITIES**[]{#__RefHeading___Toc104199149 .anchor}**.** This order
takes precedence over existing policy and procedures on bilateral
activities with EU Member States, unless it states otherwise. We will
revise FAA orders, as appropriate, to include this order, or other
appropriate requirements, after the United States concludes an
applicable bilateral agreement with the European Community, hereafter
referred to as the Community.

**1-8. DEVIATIONS**[]{#__RefHeading___Toc104199150 .anchor}**.** The FAA
must adhere to this order to acknowledge the new European regulatory
system while still fulfilling FAA obligations under bilateral agreements
with EU Member States. Because EASA is still evolving, we should be
flexible in adapting to any changes. Any deviations from this policy and
guidance material should be coordinated with and approved by Aircraft
Engineering Division (AIR-100), Production and Airworthiness Division
(AIR-200), or International Policy Office (AIR--40), as appropriate to
the subject. FAA employees should substantiate, document, and get their
supervisors' concurrence with deviations before submitting them for
review and approval.

9.  **REQUESTS FOR INFORMATION**[]{#__RefHeading___Toc104199151
    .anchor}**.**

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a.  All *public* requests for information on this order and related
    activities will be processed per the Freedom of Information Act.
    Refer to FAA Order 1200.23, Public Availability of Information.

b.  *FAA personnel* can contact the International Policy Office
    (AIR-40), telephone (202) 385‑8940, for additional information or to
    ask questions about this order. They also can e‑mail questions to
    [9‑AWA‑AIR‑EASA@faa.gov](mailto:9-AWA-AIR-EASA@faa.gov). FAA
    designees with questions should contact their FAA advisors.

**1-10. RECORDS MANAGEMENT**[]{#__RefHeading___Toc104199152
.anchor}**.** Refer to Orders 0000.1, FAA Standard Subject
Classification System, 1350.14, Records Management, and 1350.15, Records
Organization, Transfer, and Distribution Standards, or your office
Records Management Officer (RMO)/Directives Management Officer (DMO) for
guidance regarding retention or disposition of records.

**CHAPTER 2. THE NEW EU SYSTEM AND OUR BILATERAL AGREEMENTS**

**2-1. TRANSITION TO THE NEW EU REGULATORY SYSTEM.**

a.  **Creating the European Aviation Safety Agency (EASA).**

    1.  On July 15, 2002, the European Parliament and the Council of the
        European Union adopted Regulation (EC) No 1592/2002 (Basic
        Regulation). It set common civil aviation rules, and gave the
        Community regulatory competence in the field of civil aviation
        for the EU. This includes the power to regulate air transport
        safety and to check, correct, and ensure that Member States are
        uniformly implementing the Basic Regulation and common rules.

    2.  The Basic Regulation also created EASA. The Basic Regulation
        required that EASA be operational by September 28, 2003, when
        they started overseeing type certification and continued
        airworthiness. EASA oversees all civil aviation products for EU
        Member States, except those excluded by Annex II of the Basic
        Regulation (see appendix 1 for Annex II criteria). On behalf of
        the Community, the respective EU Member State of Design and
        their NAA still manage products excluded from EASA's
        responsibility by Annex II. European products that remain under
        an NAA's responsibility can be found on the FAA Intranet at
        [http://intranet.faa.gov/avr/air/air4/NAA%20%20Products_Import.rtf](http://intranet.faa.gov/avr/air/air4/NAA  Products_Import.rtf).

    3.  The main objectives of this change are to:

        -   Promote a high, uniform level of safety and environmental
            protection;

        -   Improve cost efficiency by not duplicating certification
            rules and procedures;

        -   Assist Member States in fulfilling their International Civil
            Aviation Organization (ICAO) obligations;

        -   Promote European positions in the field of aviation safety
            rules and standards; and

        -   Make it easier for products, services, and persons to
            circulate in the EU.

b.  **Working with the Joint Aviation Authorities (JAA).**

    1.  The JAA also represents countries that are not EU Members. The
        JAA has incorporated, by reference, the EU regulations and
        certification specifications for aircraft certification and
        maintenance. Non-EU JAA Member Authorities will rely, to the
        maximum extent, on the findings of EASA to issue their own
        certificates and approvals. The EASA has taken on the task of
        managing the JAA's aircraft certification and maintenance
        functions. A small governing body will be retained to make EASA
        decisions applicable to other JAA members.

    2.  The Community has developed regulations and policy, basing them,
        to the greatest extent possible, on JAA regulations, procedures,
        standardization methods, organizational approvals, etc. Under
        EASA's authority, the JAA will help the Community move to the
        new system.

c.  **EU Airworthiness and Environmental Protection Requirements.**

    1.  EASA has issued new certification specifications to replace the
        Joint Aviation requirements (JAR) as the airworthiness codes and
        acceptable means of compliance (AMC) for EU Member States.
        Certification specifications include:

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    a.  Book 1 -- Airworthiness codes, which are standard technical
        interpretations of the airworthiness essential requirements in
        Annex 1 to the Basic Regulation and are derived from Section 1
        of the JAR; and

    b.  Book 2 -- AMC which are non-exclusive means of showing
        compliance with airworthiness codes and are derived from Section
        2 of the JAR.

    ```{=html}
    <!-- -->
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    2.  EASA has issued AMC-20 that contains general AMCs that are more
        complex in nature, e.g., involving multiple Certification
        Specifications.

    3.  EASA has also issued AMC and guidance for implementing rule
        procedures, such as Part 21.

    4.  The Community will use ICAO Annex 16 Volume I (Aircraft Noise)
        issued March 2002 and Volume II (Aircraft Engine Emissions)
        issued in November 1999 as its environmental protection
        requirements.

**2-2. HOW THE EUROPEAN COMMUNITY DIVIDES RESPONSIBILITIES.**

a.  **Transferring Civil Aviation Safety Oversight to the Community.**
    Under the Basic Regulation, legal competence and authority on civil
    aviation moves from Member States to the Community. Member States
    retain their ICAO responsibilities. The Community divides
    responsibilities between EASA, the NAAs of the EU Member States, and
    the European Commission. Although EASA became operational on
    September 28, 2003, the Community has 42 months to complete the
    transition. EASA contracts with the NAAs to perform basic staff work
    leading to an EASA decision. As EASA staff increases, the supporting
    staff work may be assumed by EASA personnel. The Basic Regulation
    gives EASA power to allocate (outsource) certain tasks to qualified
    entities, but EASA remains accountable for this work. A qualified
    entity means a person or organization that may conduct certification
    tasks under the control and the responsibility of EASA. At the
    present time only NAAs may be allocated certification tasks. The
    NAAs must be accredited by EASA except those NAAs already
    standardized by JAA who may act within the scope of that
    standardization.

b.  **Rulemaking and Policy.**

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(1) The EU Council and Parliament have rulemaking authority in the
    Community. Through the Basic Regulation (EC) No 1592/2002, the
    Community assigns certain aviation safety functions to the EU
    Commission and EASA. Figure 2-1 lists the division of
    responsibility:

+----------------+-----------------------------------------------------+
| **FIGURE 2-1.  |                                                     |
| RULEMAKING AND |                                                     |
| POLICY         |                                                     |
| RESP           |                                                     |
| ONSIBILITIES** |                                                     |
+----------------+-----------------------------------------------------+
| **EU           | Adopt Community regulations and establish essential |
| Parliament and | requirements (for example, Basic Regulation (EC) No |
| Council**      | 1592/2002).                                         |
+----------------+-----------------------------------------------------+
| **EU           | Drafts Amendments to Basic Regulation 1592/2002 and |
| Commission**   | related essential requirements based on opinions    |
|                | from EASA. The EU Council and Parliament consider   |
|                | these drafts through their co-decision process.     |
|                |                                                     |
|                | Issues Commission regulations (which are            |
|                | implementing rules, such as parts 21, 145) to       |
|                | implement the essential requirements of the Basic   |
|                | Regulation.                                         |
|                |                                                     |
|                | Issues grants or denials of exemptions to the       |
|                | essential requirements.                             |
+----------------+-----------------------------------------------------+
| **EASA**       | Drafts and issues all certification specifications  |
|                | (including airworthiness codes and AMC) and         |
|                | guidance material (including maintenance).          |
|                |                                                     |
|                | Drafts opinions for Amendments to Basic Regulation  |
|                | 1592/2002 and related essential requirements. EASA  |
|                | forwards these opinions to the EU Commission.       |
|                |                                                     |
|                | Drafts opinions on implementing rules for the       |
|                | Commission to consider.                             |
|                |                                                     |
|                | Issues special conditions and equivalent safety     |
|                | findings for product certification.                 |
|                |                                                     |
|                | Drafts grants or denials of exemptions to the       |
|                | essential requirements for the Commission to        |
|                | consider.                                           |
+----------------+-----------------------------------------------------+
| # NAA          | Recommends regulation and policy changes to EASA.   |
|                |                                                     |
|                | Acts as technical advisor when requested by EASA or |
|                | the Commission.                                     |
+----------------+-----------------------------------------------------+

(2) To summarize, the EU regulatory hierarchy below the treaty level for
    airworthiness and certification is:

    -   Level 1: Basic Regulation (including essential requirements);

    -   Level 2: Implementing rules: for example, the Commission will
        adopt Part 21, on the basis of a formal opinion by EASA;

    -   Level 3: Agency measures: for example, EASA's Executive Director
        will approve airworthiness codes and associated AMC, including
        AMC and guidance material to Annex Part 21.

**c. Airworthiness Certification (Type, Production, and Airworthiness,
including organizational** **approvals).** Figure 2-2 lists
responsibilities for determining that products, appliances, and parts
operating in the EU meet the appropriate airworthiness requirements and
issuing the appropriate certification. It also lists responsibilities
for approving design, production, and maintenance organizations:

+---------+------------------------------------------------------------+
| *       |                                                            |
| *FIGURE |                                                            |
| 2-2.    |                                                            |
| AIRWOR  |                                                            |
| THINESS |                                                            |
| CERTIF  |                                                            |
| ICATION |                                                            |
| RESP    |                                                            |
| ONSIBIL |                                                            |
| ITIES** |                                                            |
+---------+------------------------------------------------------------+
| ## *    | Grants type certificates (TC), supplemental type           |
| *EASA** | certificates (STC), single serial number STCs, and         |
|         | amendments and other design approvals \[repair, European   |
|         | Technical Standard Order (ETSO), replacement parts\],      |
|         | design changes and certificate transfers.                  |
|         |                                                            |
|         | Determines type certification basis, including special     |
|         | conditions and equivalent safety findings. Accepts or      |
|         | rejects proposed deviations from certification             |
|         | specifications.                                            |
|         |                                                            |
|         | Determines if a product complies with the type             |
|         | certification basis and issues relevant type certificates  |
|         | and other appropriate approvals.                           |
|         |                                                            |
|         | Issues revocations                                         |
|         |                                                            |
|         | Grants environmental certification.                        |
|         |                                                            |
|         | Oversees continued airworthiness of approved products,     |
|         | which includes issuing airworthiness directives (AD).      |
|         |                                                            |
|         | Issues design organisation approvals (DOA).                |
|         |                                                            |
|         | Issues production organisation approvals (POA) and repair  |
|         | station certifications outside the EU. (EASA may issue     |
|         | repair station or production approvals for European        |
|         | organizations, if NAA requests these approvals.)           |
|         |                                                            |
|         | Cooperates with foreign authorities and international      |
|         | institutions, such as ICAO, to assist EU Member States in  |
|         | fulfilling their State of Design obligations.              |
|         |                                                            |
|         | > **NOTE:** EASA may conduct certain tasks through         |
|         | > "qualified entities" for which EASA would be responsible |
+---------+------------------------------------------------------------+
| ##      | Issues POAs and repair station certifications in their     |
| **NaA** | national boundaries. (An NAA may request EASA to issue a   |
|         | repair station or production approval for an organization  |
|         | in the EU.)                                                |
|         |                                                            |
|         | Issues airworthiness certificates for individual aircraft  |
|         | registered in their country.                               |
|         |                                                            |
|         | Issues noise certificates for individual aircraft          |
|         | registered in their country.                               |
|         |                                                            |
|         | Approves and oversees all Annex II aircraft and related    |
|         | parts and appliances not under EASA's authority.           |
+---------+------------------------------------------------------------+

**d. Oversight and Standardization.** Figure 2-3 lists the
responsibilities for oversight of EASA and NAA activities and ensuring
standardization within the Community.

+-----------+----------------------------------------------------------+
| **FIGURE  |                                                          |
| 2-3.      |                                                          |
| OVERSIGHT |                                                          |
| AND       |                                                          |
| STANDA    |                                                          |
| RDIZATION |                                                          |
| RESPONSIB |                                                          |
| ILITIES** |                                                          |
+-----------+----------------------------------------------------------+
| ## **Eur  | Is represented on the EASA Management Board along with   |
| opean Com | representatives of the Member States.                    |
| mission** |                                                          |
|           | Provides opinions to the EASA Management Board on EASA's |
|           | work program.                                            |
|           |                                                          |
|           | Ensures Member States comply with Community Regulations. |
+-----------+----------------------------------------------------------+
| ## **     | Appoints the EASA Executive Director, and the EASA       |
| Managemen | Directors.                                               |
| t Board** |                                                          |
|           | Adopts the Agency's annual program of work, after        |
|           | receiving the Commission's opinion.                      |
|           |                                                          |
|           | Establishes procedures for the Executive Director to     |
|           | make decisions.                                          |
|           |                                                          |
|           | Appoints the members of the Board of Appeal.             |
|           |                                                          |
|           | Exercises disciplinary authority over the Executive      |
|           | Director and with agreement of the Executive Director    |
|           | discipline the four Directors.                           |
|           |                                                          |
|           | Establishes the Agency's organizational structure and    |
|           | adopts the Agency's staffing policy.                     |
|           |                                                          |
|           | Advises the Executive Director on any matter strictly    |
|           | related to strategic development of aviation safety.     |
|           |                                                          |
|           | Establishes an advisory body of interested parties,      |
|           | which it must consult before making certain decisions.   |
+-----------+----------------------------------------------------------+
| ##        | Allocates certification tasks to certification teams,    |
|  **EASA** | NAAs or qualified entities according to guidelines set   |
|           | by the Management Board.                                 |
|           |                                                          |
|           | Undertakes any international functions and technical     |
|           | cooperation with third countries.                        |
|           |                                                          |
|           | Adopts internal administrative instructions and          |
|           | publishes notices, to ensure the functioning of the      |
|           | Agency.                                                  |
|           |                                                          |
|           | Oversees ***all*** aviation safety activities of Member  |
|           | States, except products excluded from EASA's             |
|           | responsibility by Annex II of the Basic Regulation.      |
|           |                                                          |
|           | Standardizes implementation of EASA technical policies   |
|           | and procedures.                                          |
|           |                                                          |
|           | Conducts inspections and investigations as necessary to  |
|           | fulfill its tasks.                                       |
|           |                                                          |
|           | Provides the Commission with the necessary technical,    |
|           | scientific, and administrative support to carry out its  |
|           | tasks.                                                   |
+-----------+----------------------------------------------------------+
| #         | Standardizes implementation of its policies and          |
| # **NAA** | procedures, and how they apply to Community              |
|           | requirements.                                            |
|           |                                                          |
|           | Oversees maintenance and production in its country,      |
|           | including enforcement actions.                           |
+-----------+----------------------------------------------------------+

**e. Points of Contact.** EASA contact information can be found at
<http://www.easa.eu.int/contactus_en.html>. EU Member State NAA contact
information is available on the FAA Intranet at
<http://intranet.faa.gov/avr/air/air4/caalist.pdf>. When EASA or an NAA
notifies us of changes, we will update that listing. When EASA or an NAA
notifies an Aircraft Certification Service office of new or changing
contacts, the office should inform AIR-40 to help in keeping an
up-to-date listing.

**2-3. RELATED EU POLICY AND GUIDANCE.**

a.  The Office for Official Publications of the European Communities
    published the Basic Regulation in the Official Journal of the
    European Communities on September 7, 2002. The Basic Regulation is
    available on the Internet at:
    <http://europa.eu.int/comm/transport/air/legislation/air_safety_en.htm>.
    EASA has established an internet site at <http://www.easa.eu.int/>
    as the official source of agency decisions.

b.  Find the EU Implementing Rules, certification specifications, and
    policy and guidance materials at:
    <http://www.easa.eu.int/regul_en.html>.

c.  Find additional information on Community aviation safety at:
    <http://europa.eu.int/comm/transport/air/index_en.htm>.

d.  Find general information on the Community at:
    [http://www.eurunion.org](http://www.eurunion.org/) or
    <http://europa.eu.int/index_en.htm>.

**2-4. BILATERAL AGREEMENTS.**

a.  ***Agreement with EU Member States. As of May 2004, there are 25 EU
    Member States (see figure 2-4). Thirteen of these 25 countries have
    either a Bilateral Airworthiness Agreement (BAA) or Bilateral
    Aviation Safety Agreement (BASA) with Implementation Procedures for
    Airworthiness (IPA) with the United States.***

+-----------------------+-----------------------+-----------------------+
| **FIGURE 2-4. CURRENT |                       |                       |
| EU MEMBER STATES**    |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Austria               | Greece \*             | Poland                |
+-----------------------+-----------------------+-----------------------+
| Belgium               | Hungary\*             | Portugal \*           |
+-----------------------+-----------------------+-----------------------+
| Cyprus\*              | Ireland \*            | Slovak Republic\*     |
+-----------------------+-----------------------+-----------------------+
| Czech Republic        | Italy                 | Slovenia              |
+-----------------------+-----------------------+-----------------------+
| Denmark               | Latvia                | Spain                 |
+-----------------------+-----------------------+-----------------------+
| Estonia\*             | Lithuania\*           | Sweden                |
+-----------------------+-----------------------+-----------------------+
| Finland               | Luxembourg \*         | United Kingdom        |
+-----------------------+-----------------------+-----------------------+
| France                | Malta\*               |                       |
|                       |                       |                       |
| Germany               | Netherlands           |                       |
+-----------------------+-----------------------+-----------------------+
| \* These countries do |                       |                       |
| not have a bilateral  |                       |                       |
| airworthiness         |                       |                       |
| agreement with the    |                       |                       |
| U.S. related to       |                       |                       |
| aircraft              |                       |                       |
| certification         |                       |                       |
| although Ireland does |                       |                       |
| have a BASA with the  |                       |                       |
| U.S. governing repair |                       |                       |
| station activity.     |                       |                       |
+-----------------------+-----------------------+-----------------------+

b.  **Future Agreement with the European Community.** The United States
    does not yet have a bilateral agreement with the Community as a
    single entity. Per the Basic Regulation the Community rather than
    individual Member States now has legal competence on aviation
    safety. The FAA is working through the Department of State to
    conclude a new agreement that will largely replace our current 13
    bilateral agreements. For theAs an interim, the U.S. and our
    bilateral partner EU Member States have exchanged diplomatic notes
    to continue bilateral import and export procedures. As a result of
    these notes, EASA, not the NAA, is responsible for executing the
    design approval and continued airworthiness provisions of our
    existing BAAs and BASAs. When working with EASA and the NAAs of the
    countries in figure 2-4 above, we must apply the interim guidance
    and procedures of this order, until the United States concludes a
    new bilateral agreement with the Community.

c.  **Import of Eligible Products, Parts, and Appliances.** Until a new
    bilateral agreement is concluded with the Community, the FAA will
    continue to accept certain European products, parts, and appliances
    for import into the United States as defined in the applicable
    existing bilateral agreement. Products, parts, and appliances
    eligible for import into the United States are summarized in
    appendix 3. Products, parts, and appliances from countries not
    identified in Appendix 3 are not eligible for approval or import
    into the United States.

d.  **Export of Eligible Products, Parts, and Appliances.** Until a new
    bilateral agreement is concluded with the Community, the EU will
    continue to accept certain U.S. products, parts, and appliances for
    import into the EU as defined in an applicable existing bilateral
    agreement.

e.  **Acceptance of Existing Approved Products, Parts, and Appliances.**
    The Basic Regulation provides for the acceptance by all EU Member
    States of existing aviation products, parts, and appliances already
    approved by any one EU Member State and of future products, parts,
    and appliances approved by EASA. U.S. products, parts, and
    appliances already accepted (except for restricted category
    products) by any EU Member State may be exported throughout the EU.

    5.  **TYPE VALIDATION PRINCIPLES (TVP).** The FAA will continue to
        apply Type Validation Principles (TVP) and Post Type Validation
        Principles (PTVP). We will apply TVP and PTVP when working with
        EASA and NAAs. The FAA and EASA have revised the TVP/PTVP to
        improve the efficiency on how we validate each others products.
        The spirit of TVP and PTVP are unchanged from those developed
        between FAA and JAA. (See FAA Order 8110.52, *Type Validation
        and Post-Type Validation Procedures.*)

**2-6. RECOGNITION OF DELEGATION AND DESIGNEE SYSTEMS.**

a.  **Accepting Existing Delegation or Organizational Approval
    Systems.** The bilateral agreements provide for the acceptance of
    current delegation or organizational approval systems between the
    U.S and our bilateral partners. This will continue when working with
    NAAs or with EASA, which will represent EU Member States with whom
    the United States has a bilateral agreement. The Community proposed
    a new organizational approval system, Continuing Airworthiness
    Management Organisation (CAMO). A CAMO will manage the continued
    airworthiness of individual aircraft. The FAA has not accepted CAMO,
    and it is not recognized under the current bilateral agreements. The
    FAA will evaluate the activities of these organizations for their
    acceptability in the future.

b.  **Notification of FAA Designees or Delegated Organization
    Activities.** The certificate managing ACO will notify EASA whenever
    a designated engineering representative (DER) or an FAA delegated
    organization plans to conduct type design approval activities within
    an EU Member State. (See appendix 2 for EASA's address.) The
    MIDO/CMO will notify the NAA responsible for the involved production
    approval holder, operator, or maintenance organization for any
    designated airworthiness representative (DAR), designated
    manufacturing inspection representative (DMIR), or organizational
    DAR (ODAR) activity. Designee activities outside the United States
    may include test witnessing, conformity inspection, airworthiness
    certification, and support for data approvals. Other FAA policy on
    U.S. designees and delegated organizations, who work in Europe or on
    EU Member State registered aircraft such as FAA Orders 8110.37 and
    8100.8, remains unchanged.

**CHAPTER 3. IMPORTING EU PRODUCTS INTO THE U.S.**

**3-1. DESIGN APPROVAL VALIDATIONS.**

a.  **Status of Existing FAA-Validated Products.** Approvals of EU
    products that the FAA made before EASA became operational remain
    valid. Based on those prior FAA approvals and validations, anyone
    can continue to import products of the same type into the United
    States. However, as noted later in this chapter, the
    responsibilities in the Community change with respect to continued
    airworthiness, design changes, repairs, etc. The responsibilities
    also change for future new applications for FAA validations.

b.  **Updates of Type Certificate Data Sheets (TCDS) and Supplemental
    Type Certificates (STC) for FAA-Validated Products.**

    1.  Order 8110.4, *Type Certification*, and Advisory Circular (AC)
        33-2, *Aircraft Engine Type Certification Handbook*, require
        that the TCDS for an imported product, in the note titled
        "Import Requirements," reflect the airworthiness documentation
        from the country of the manufacturer's civil aviation authority.
        The documentation certifies that the aircraft, engine, or
        propeller conforms to its type design, is in a condition for
        safe operation, and meets certain other conditions. The TCDS
        statement is used for airworthiness certificate eligibility.
        This text will change as a result of EASA assuming
        responsibility for most products in the EU.

    2.  FAA certificate managing ACOs and Directorate Standards Staffs
        responsible for FAA-validated products must revise the TCDSs and
        STCs from EU Member States to show a historical record and new
        import requirements as shown in appendix 4. Each office must
        update the TCDS and STC at the next revision cycle, or at the
        earliest opportunity during certificate management activities,
        but not later than March 28, 2007.

c.  **FAA Validation of a EU Restricted TC or STC.**

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(1) The FAA may choose to validate products with Restricted TCs or STCs
    case-by-case from bilateral partner countries. With the essential
    requirements in Annex I of the Basic Regulation, "restricted" does
    not mean the same in the FAA system as it does in the EU system.
    This does not imply that EU products with a "restricted" certificate
    would not comply with ICAO Annex 8.

(2) EASA plans to have a system for accommodating restricted aircraft.
    However, until EASA finalizes its policy on restricted aircraft and
    the United States and the Community have concluded a bilateral
    agreement, we will evaluate each application for a U.S. restricted
    category TC on a case-by-case basis for its acceptability.

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d.  **FAA TC and STC Validation Projects in Process Before Operation of
    EASA.**

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(1) Unless the FAA is notified otherwise, we will continue any FAA
    validation projects for products from an EU Member State started
    before EASA became operational. The FAA will work with the existing
    EU team and project manager focal point (NAA or JAA) until we
    complete the project. EASA may change the EU team members or make
    technical decisions. EASA will recognize any documented agreements
    reached during the project before EASA became operational -- for
    example, type certification basis, methods of compliance. The FAA
    and EASA will continue to apply the principles and procedures of TVP
    and PTVP.

(2) Any communications with the EU team are considered to be
    communications with EASA. The State of Design NAA may issue
    technical certification or a technical visa that the product
    complies with the applicable technical requirements. This technical
    approval is then forwarded to EASA. EASA must approve this technical
    visa, before it represents an EASA approval. Should any
    disagreements on a certification program arise, the appeals process
    in TVP should be followed.

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e.  **New Applications for FAA Validation of TCs, STCs, and
    Amendments.**

    1.  EASA or an NAA on behalf of EASA will send new applications to
        the appropriate FAA office identified in the bilateral
        agreement. The FAA can only accept TC and STC applications from
        Europe for products from EU Member States covered by an existing
        bilateral agreement. Our procedures for responding and working
        the project with EASA and the applicant are unchanged from how
        we worked with the NAA in the past. The FAA will still use TVP.

    2.  EASA designates its focal point to support the validation
        project. That EU focal point may be the NAA of the State of
        Design on behalf of EASA. The FAA will coordinate any
        decision-making on the project with the assigned focal point who
        represents EASA. However, if any significant disagreement arises
        between FAA and the focal point, the FAA will coordinate dispute
        resolution with that focal point through the EASA organization,
        not the NAA organizational structure.

    3.  While validating products with EASA, the FAA will continue to
        maintain TVP and seek to improve efficiency where possible by
        relying on each other's findings. The appropriate FAA
        Directorate Standards Staff will provide a list showing the
        differences between the airworthiness standards of Title 14 Code
        of Federal Regulations (14 CFR) and the EASA certification
        specifications. In consultation with the Directorate Standards
        Staff, the ACO should use this list when applying the TVP
        process of determining which differences are significant enough
        to warrant further investigation as validation items. On behalf
        of the bilateral partner State of Design, EASA will issue the
        appropriate certifying statements to us and verify any data
        about the FAA's certification basis.

f.  **FAA Noise, Emissions, and Fuel Venting Approvals for EU
    Products.**

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(1) There are no changes to FAA policy and procedures on environmental
    requirements for validation. All applicants must still comply with
    all applicable noise requirements of 14 CFR part 36, and the
    applicable fuel venting, and exhaust emission requirements of
    14 CFR part 34.

(2) 14 CFR Part 36 has been amended since the conclusion of the six EU
    Member State BASA IPAs. Contrary to the text of these six BASA IPAs,
    Amendment 36-24 requires that all applicants comply with the noise
    standards of 14 CFR Part 36 in effect on the date of application for
    the U.S. TC, or application for change to the TC. In AIR-40's
    International Policy Memo "Incorporation of Amendment 24 to14 CFR
    Part 36 into Bilateral Aviation Safety Agreement (BASA)
    Implementation Procedures for Airworthiness (IPA)" dated August 11,
    2003, the FAA gives specific guidance on amendment level and
    affected Part 36 appendices based on the application date.

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g.  **FAA Acceptance of EU Design Changes, Including Data that Support
    Repairs.** (See figure 3-1 for a summary of how to handle design
    changes.)

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(1) **Major Changes Developed by a EU TC Holder.**

    a.  The FAA and EASA will follow the PTVP, where appropriate. EASA,
        or an NAA on behalf of EASA, will notify us of major changes per
        existing PTVP procedures.

    b.  The FAA accepts data and instructions that contain a statement
        showing that the data was approved under the system of the State
        of Design NAA prior to September 28, 2003. We accept data and
        instructions approved by or on behalf of EASA. We accept data
        and information that the TC holder submits in one of the
        following documents:

-   Service bulletins,

-   Structural repair manuals,

-   Vendor manuals,

-   Aircraft flight manuals, and

-   Overhaul and maintenance manuals.

    a.  The FAA will accept design change data and related instructions
        approved by EASA and submitted in a format not listed in
        paragraph 3‑1g(1)(b), for State of Design products from France,
        Germany, Italy, the Netherlands, Sweden, and the United Kingdom
        or other States when noted in the respective BASA IPAs and on
        the FAA TCDS.

(2) **Major Changes Developed by Other Than the EU TC holder.** For a
    major change to the type design, the applicant must submit an FAA
    STC application as defined in paragraph 3‑1e above.

(3) **Major or Minor Repairs.** The FAA will accept repair data and
    related instructions approved and submitted in a format not listed
    in paragraph 3‑1g(1)(b), for State of Design products from France,
    Germany, Italy, the Netherlands, Sweden, and the United Kingdom or
    other States when noted in the respective BASA IPAs and on the FAA
    TCDS. The FAA will also accept repair data on U.S. transport
    category airplanes approved by the German LBA or the U.K. CAA on
    behalf of EASA in accordance with bilateral special arrangements.

(4) **Minor Changes Developed by the EU TC Holder or Other EU
    Certificate Approval Holder.** We accept, as FAA approved, data for
    minor changes from EU Member States that have a bilateral agreement
    with the United States. Minor changes must be approved per
    Commission Regulation, Annex Part 21. Such minor change data
    approvals may come from EASA or an organization that has a design
    organisation approval (DOA) from EASA.

> **NOTE:** For US companies, an EASA DOA is not needed since EASA will
> rely on the bilateral agreements and FAA's oversight system with
> respect to accepting U.S. design approvals. European companies that
> did not have a DOA according to the previous JAA procedures are
> required to obtain a DOA by 28 September 2005.

(5) 

**FIGURE 3-1. DESIGN CHANGES FOR EU PRODUCTS IMPORTED INTO THE U.S.**

*(**NOTE:** Restricted Category Aircraft are handled on a case-by-case
basis*)

h.  **FAA Letter of TSO Design Approval for EU Articles (Parts or
    Appliances).**

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(1) The NAA or EASA will forward, to the Boston Aircraft Certification
    Office, applications from European article manufacturers for new FAA
    letters of TSO design approval (TSO LODA). All applications,
    including those from the NAA, must have a statement approved by EASA
    certifying that the appliance or part complies with the appropriate
    FAA TSO.

(2) EASA has issued ETSOs that are derived from JAA Joint TSO (JTSO)
    requirements. The FAA will recognize ETSO standards that are
    identical to FAA TSOs as a means to minimize our technical
    evaluation. (However, the FAA has determined that while most ETSOs
    are technically similar, they are not identical to FAA TSOs due to
    different data or marking requirements.) Regardless of whether an
    ETSO Authorisation is issued or not, we require a certifying
    statement approved by EASA that certifies the appliance or part
    complies with the appropriate FAA TSO, in addition to other data as
    required by 14 CFR 21.617(a). A deviation must be granted by the
    appropriate AIR-100 branch for any TSO article that does not meet
    our TSO standard before we can issue a TSO LODA.

(3) The Boston ACO will issue the TSO LODA and send it under cover
    letter to the EASA Certification Manager for Parts & Appliances. The
    appliance can then be marked per the appropriate TSO and
    14 CFR 21.607(d) requirements.

(4) There is no change to FAA's requirements regarding notification of
    design changes to a TSO letter of design approval, however, EASA or
    an NAA on behalf of EASA may provide this notification.

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i.  **Transfer of EU TCs and STCs.** The EU State of Design will notify
    the FAA, per ICAO and bilateral agreement obligations, when the EU
    TC holder is transferring an EU certificate that the FAA validated
    to another holder or to another State of Design. Until the United
    States has an applicable bilateral agreement with the Community, the
    FAA cannot recognize the transfer of a European product to an EU
    State of Design that does not have a bilateral agreement with the
    United States.

**3-2. AIRWORTHINESS CERTIFICATION OF EU
PRODUCTS**[]{#__RefHeading___Toc104199165 .anchor}**.**

a.  **General.** This section applies only to import of products, parts,
    and appliances from an EU Member State with whom the United States
    has a BAA or BASA IPA, and to products, parts, and appliances within
    the scope of the specific bilateral agreement for which that country
    is the State of Design. Products, parts, and appliances from a EU
    Member State that does not have a bilateral agreement with the
    United States are not eligible for import into the United States.
    Products, parts, and appliances must be imported with appropriate
    airworthiness documentation.

b.  **Import Documentation.** Under existing bilateral agreements, the
    FAA will continue to recognize any JAA and NAA forms for products,
    parts, and appliances issued prior to the mandatory implementation
    date of any new EASA forms. Because the Community will not use a
    common Export Certificate of Airworthiness (C of A) document, each
    NAA will continue to issue its own Export C of A Form for new
    aircraft imported into the United States. An EASA POA holder will
    issue an EASA Form 1, Authorised Release Certificate (see appendix
    5), for new aircraft engines and propellers, ETSO articles, and
    modification and replacement parts. Additionally, POA holders
    producing articles under the authority of an FAA letter of TSO
    design approval will issue an EASA Form 1 when exporting.

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c.  **FAA Acceptance of EU Products, Parts and Appliances.** For the
    import of EU products, parts and appliances into the United States,
    current FAA guidance and procedures for accepting them remain the
    same as governed by the existing bilateral agreements. The FAA will
    continue to require an Export C of A for aircraft and an authorized
    release certificate for aircraft engines, propellers, parts, and
    appliances. As defined by the applicable bilateral agreement and per
    current policy and procedures (see figure 3-2), the FAA will
    continue to accept the following products, appliances, and parts
    with appropriate import documentation:

    -   ***New aircraft*** with an NAA Export C of A.

    -   ***New EU restricted aircraft*** from current BASA IPA
        partners***,*** after the FAA validates the TC, with an NAA
        Export C of A.

    -   ***New aircraft engine or propeller*** with a JAA Form One
        (issued prior to 09/28/2003) or an EASA Form 1.

    -   ***New TSO article*** with a JAA Form One (issued prior to
        09/28/2003) or an EASA Form 1.

    -   ***New modification or replacement parts*** with a JAA Form One
        (issued prior to 09/28/2003) or an EASA Form 1.

    -   ***Used aircraft***, including aircraft manufactured in any
        third country when provided for in the scope of the bilateral
        agreement, with an NAA Export C of A.

**FIGURE 3-2. ACCEPTING EU PRODUCTS, PARTS, AND ARTICLES INTO THE U.S.**

*(**NOTE:** Restricted Category Aircraft are handled on a case-by-case
basis)*

d.  **Export Certificate of Airworthiness Exceptions.** The exporting
    NAA will notify the geographical-responsible MIO of any
    non-compliance to our approved type design before issuing its Export
    C of A for an EU aircraft. The NAA will list this non-compliance as
    an "exception" on the Export C of A. This notification process, and
    our policy and procedure for accepting or rejecting any exception,
    remain the same. (See Order 8130.2)

**3-3. IDENTIFICATION AND MARKING.** The identification and marking of
products, parts, and appliances imported into the United States from the
EU remain the same, with the following two exceptions:

a.  The letters "EPA" (European Part Approval) will be marked on parts
    that are produced on and after March 28, 2004, using design data not
    belonging to the TC holder of the related product.

b.  The applicable ETSO number will be marked on all articles produced
    to an ETSO airworthiness specification.

**3-4. CONTINUED AIRWORTHINESS OF EU PRODUCTS OPERATING IN THE UNITED
STATES**[]{#__RefHeading___Toc104199168 .anchor}**.**

a.  **EASA Mandatory Continued Airworthiness Information (MCAI).**

    1.  EASA is responsible for continued airworthiness of all products
        operating in the EU, except for those products under Annex II of
        the Basic Regulation. As the agent of the EU State of Design,
        EASA will issue any necessary ADs to correct unsafe conditions.
        EASA may also approve an AD prepared and issued by an NAA. In
        these instances, the NAA issued AD must contain a statement that
        the AD was approved by EASA and it must also contain an EASA
        approval number. EASA maintains a list of all NAA ADs that it
        has approved at: http://www.easa.eu.int/aw_dir_en.html.
        Similarly EASA is responsible for notifying the FAA of pending
        emergency actions or significant investigations. ADs issued by
        EASA are mandatory in all EU Member States.

    2.  The Community has determined that for the interim the NAA of the
        State of Design for an EU product will manage the product\'s
        continued airworthiness on behalf of EASA. The NAA will conduct
        the necessary oversight and prepare ADs, which EASA will approve
        or issue its own AD. The FAA will continue to work EU
        product-specific technical continued airworthiness issues with
        the State of Design NAA unless EASA informs us to do otherwise.
        The FAA may have informal communications with the NAA
        specialists investigating the continued airworthiness issue and
        preparing the AD. Any request for us to meet with an EU
        manufacturer to discuss airworthiness issues must be coordinated
        through EASA.

    3.  The FAA accountable directorate will take action based on EASA's
        AD when EASA develops its AD from information generated by NAAs
        who have a BAA/BASA IPA with the United States. The Head of
        Products, EASA Certification Directorate and FAA directorate
        management representatives manage the resolution of any
        disagreements over a continued airworthiness issue.

b.  **Service Difficulty Reports (SDR) and Malfunction, Failure, and
    Defect Reporting.**

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(1) Existing bilateral agreements contain provisions on how to exchange
    data on malfunctions, failures, and defects. The Community is
    developing a centralized system for collecting and analyzing
    in-service data. In the interim, although EASA is responsible under
    the Basic Regulation for the continued airworthiness of EU products
    under its authority, the EU State of Design NAAs will oversee the
    continued airworthiness of their EU products. They will perform this
    oversight on behalf of EASA and the Community.

(2) The FAA will work with the EASA Project Certification Manager (PCM)
    for the product on reporting and exchanging in-service information.
    We also will respond to requests from EASA or the State of Design
    NAA about EU products operating in the United States.

(3) The NAAs, on behalf of EASA, will continue to oversee industry
    service difficulty, malfunction, and defect reporting requirements.
    They also will provide appropriate SDR information on EU products,
    when the FAA requests it. The NAAs will conduct technical
    investigations, and prepare necessary ADs or other corrective
    actions for EASA.

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c.  **FAA Accident/Incident and Suspected Unapproved Parts (SUP)
    Investigations.**

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(1) When the FAA investigates an accident, incident, or SUP involving a
    EU product, the accountable FAA office will coordinate with EASA and
    share all pertinent data and information. The FAA will forward all
    requests for help to EASA headquarters at the address in appendix 2.
    We may get help in the investigation from EASA or the EU Member
    State of Design NAA who manages the EU product's continued
    airworthiness for the Community.

(2) In accident investigations, the Investigator in Charge controls the
    sharing of information and data and the participation of FAA and the
    State of Design NAA. The Investigator in Charge may be a member of
    the appropriate accident investigating board, for example, the
    National Transportation Safety Board in the United States and the
    accident investigation organization of any country where an accident
    may have occurred.

(3) The State of Design NAA will assist to ensure the product
    manufacturer provides the information quickly. If urgency requires
    that the FAA request information directly from an EU manufacturer or
    the manufacturer provides data directly to us for any reason, our
    focal point will inform the NAA and EASA headquarters of that
    exchange as soon as possible.

**CHAPTER 4. EXPORTING U.S. PRODUCTS TO THE EU**

**4-1. VALIDATION PROCESS CHANGES.**

a.  Any European validation teams composed of NAA individuals dealing
    with existing or new validations of U.S. products report to EASA
    management. If disagreements or differences of opinion arise during
    the validation project, the European decision-making agency is EASA.

b.  Under the Community system, there will no longer be additional
    national design requirements (ANDR) for the airworthiness of the
    type design for a TC validation. However, some EU Member States may
    have local operational or stricter environmental requirements that
    an operator in their country would have to meet. Any type design
    changes to meet those unique local requirements are not a mandatory
    part of the type design requirements for import into the EU.
    However, an operator in a particular country may still be required
    to meet those additional requirements to get an operational
    approval.

c.  Local Member State additional operational or environmental
    requirements that affect the type design will not be part of the
    EASA certification basis required for validation. Member State NAAs
    will handle those requirements locally, and may ask us to verify or
    approve requirements on their behalf. We will verify or approve
    those requirements for bilateral partner NAAs or EASA as the agent
    of a bilateral partner Member State.

**4-2. DESIGN APPROVAL VALIDATION.**

a.  **Status of Existing U.S. Products Validated by EU Member States
    Before the Operation of EASA.**

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(1) All products, parts, and appliances currently approved in any EU
    Member State are grandfathered. They remain acceptable for operation
    throughout the EU as long as they are maintained consistent with the
    initial approval. Under Commission Regulation, Article 2, Paragraph
    3, previously issued certificates, approvals, or authorisations by a
    EU Member State will remain valid. EASA will not reissue existing
    TCs and STCs until an amendment is requested. At that time, an EASA
    certificate will replace the NAA's certificate.

(2) The Community will not rescind TCs and STCs issued by NAAs. If more
    than one NAA has validated a product, each EU Member State will
    accept all the various NAA-approved configurations, although EU
    Member States may refuse operational approval for aircraft that do
    not meet their local operational or environmental requirements. The
    Community will consider any national variants previously approved
    within the EU as approved optional or alternative configurations.
    Even though EASA will not reissue existing TCs and STCs until
    amended, any products imported into the EU will have to meet the
    EASA type certification basis defined in paragraph 4-2a(3) plus
    applicable ADs (see para. 4-2.a.(4).

(3) For all U.S. products having an existing design approval issued by
    an EU Member State, the Community will establish an EASA type
    certification basis per Commission Regulation, Article 2, 3(a). The
    EASA type certification basis is either:

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(a) The JAA certification basis, as defined in the JAA data sheet for
    products that have been validated under JAA procedures; ***or***

(b) The FAA type certification basis, if there was no JAA validation.

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(4) **Applicable Airworthiness Directives.** The minimum type design
    configuration eligible for import into the EU must meet the above TC
    basis, the environmental protection requirement contained in ICAO
    Annex 16, and applicable ADs (see figure 4‑1). Applicable ADs are
    defined as the ADs of the State of Design. The Community has
    recognized all other Member State ADs as equal. While the approval
    of existing products validated and operating in the EU are
    grandfathered, EASA assumes the responsibility for their continued
    airworthiness, as explained later in this chapter. EASA may need to
    further reconcile the AD differences between Member States. This
    situation presents challenges to the FAA to export airworthy
    products in some practicable and standardized manner, per 14 CFR
    part 21 subpart L.

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(a) In the interim, we will apply FAA ADs to U.S. products as the
    minimum for export (see paragraph 4-3).

(b) To export a used EU product to the EU, the exporter must identify
    the applicable State of Design ADs and verify that they have been
    incorporated before export.

(c) If a U.S. manufacturer wants to use the ADs of another EU Member
    State rather than the U.S. ADs, the exporter must:

    1.  Ensure that the product's configuration is consistent with the
        selected ADs,

    2.  Verify the acceptability of those ADs with the importing NAA,
        and

    3.  Provide evidence to the FAA before shipment.

> **FIGURE 4-1. EU CERTIFICATION BASIS AND TYPE DESIGN DEFINITION**

(5) **STCs and Repair Data.**

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(a) Under transfer requirements in Commission Regulation Article 2, the
    Community will continue to accept, without further showing, existing
    STCs and repair data accepted in the EU before EASA became
    operational. They will accept the STCs and repair data as long as an
    NAA issued a design approval.

(b) Certain ***[exceptions]{.underline}*** to the EU grandfather policy
    follow:

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1.  Some EU Member States have accepted U.S. STCs, although an NAA never
    issued its validation STC or "certificate." EASA will need to review
    these STCs for their applicability, documentation, and possible
    validation for future applications.

2.  Some EU Member States have accepted repairs or alterations on
    U.S.-manufactured aircraft on their registry, although a Member
    State did not give the aircraft a corresponding design approval.
    Those repairs and alterations include ones that are not part of the
    manufacturer's service information accepted under the bilaterals
    (such as Instructions for Continued Airworthiness, service
    bulletins), or those that a DOA or other appropriately rated JAA
    approved organization did not develop. EASA will need to review any
    such repairs and alterations before they can be accepted for future
    application on EU-registered aircraft.

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b.  **EU Validation Projects for U.S. TCs, STCs, and Amendments in
    Process Before the Operation of EASA.**

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(1) The Community will accept products validated by one or more Member
    States. If an NAA is validating an applicant's product, but one or
    more of the EU Member States have already validated the same
    product, the U.S. applicant may cease the current NAA validation
    project.

(2) Unless EASA, JAA, or the NAA notifies the FAA otherwise, any
    validation projects for U.S. products initiated prior to EASA
    becoming operational will continue to be worked to completion with
    the European validation team, which is composed of individuals from
    the NAAs. The European validation team reports to EASA. EASA manages
    and standardizes all certification and validation activity in the
    EU.

(3) Our policy and procedures for validation projects with the Community
    are contained in FAA Order 8110.52 . The only major difference is
    that the FAA and the U.S. applicant will work with EASA and its
    validation team. The European validation team will be under the
    authority of EASA and may be composed of technical specialists of an
    NAA under contract to EASA.

(4) EASA may choose to change the EASA validation team members, which
    are JAA or NAA individuals, or engage in making technical decisions.
    If the European type certification basis was not established with
    the JAA or an EU Member State NAA before EASA became operational,
    EASA will establish the EASA certification basis using the
    appropriate EASA certification specifications.

(5) EASA will recognize any documented agreements reached during the
    project before EASA became operational -- for example, a JAA or NAA
    type certification basis or methods of compliance. If agreements
    were not finalized, EASA may require the applicant to meet the EU
    certification specifications in the interest of safety. After
    completing the project, EASA will issue a TC that will be valid in
    all EU Member States.

(6) Since EASA has joined the JAA, the JAA will also issue a
    recommendation to the non-EU JAA member authorities based on EASA's
    TC. The JAA does this so that the non-EU Member State NAA can issue
    their national validation TC or STC as they have in the past.

(7) When the European validation team is an NAA team, EASA will issue a
    TC or STC after the NAA completes its validation. There may be a
    delay between the NAA completing their work and EASA issuing the
    certificate due to coordination between the NAA and EASA. EASA will
    also notify JAA so that JAA may issue its recommendation to the
    non-EU JAA member authorities.

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c.  **New Applications for EASA Validation of U.S. TCs, STCs, and
    Amendments .**

    1.  **Validation Process.**

        a.  Applicants will submit their applications for validation
            through their ACO to the EASA, Manager,
            Applications/Certifications at the address shown in
            Appendix 2. The initial submittal to EASA should contain
            only the FAA ACO letter on behalf of the applicant and a
            copy of the FAA TC, or amendment, if issued, to be validated
            by EASA. The suggested format for a U.S. company's
            application letter for Type Certificate is available at:
            <http://www.easa.eu.int/cert_appl_letter_form.doc>. Once
            EASA has assigned the task to an external party for the
            validation, EASA will inform the FAA and the applicant. The
            TC, or amendment data package can then be forwarded to the
            allocated external party. Do not contact the external party
            until EASA notifies the FAA of the formal allocation. Per
            EASA policy, the EU NAAs are no longer eligible to accept
            directly and process applications for TCs, or amendments.
            They may act on the basis of allocation by EASA only. EASA
            will advise applicants about its fee effective with the June
            1, 2005 implementation of the EU fee structure regulation No
            488/2005.
            <http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2005/l_081/l_08120050330en00070025.pdf>.

        b.  STC applicants will also submit the following basic
            documentation, as applicable, for review by EASA during the
            STC approval process: (1) A description of the change,
            together with the make and model of the product; (2) A copy
            of the FAA STC and Certification basis; (3) The applicant's
            requested date for EASA issuance of the STC; (4) A
            description of all novel or unusual design features which
            mught necessitate issuance of EASA special conditions;
            and (5) All exemptions or equivalent level of safety
            findings granted by the FAA for the U.S. STC. The data
            package which must include: (1) Compliance Checklist; (2)
            Airplane/Rotorcraft Flight Manual Supplement; (3) Master
            Documentation List/Master Drawing List; (4) Manufacturing
            and Installation Instruction Drawings; (5)
            Maintenance/Repair Manual Supplements; (6) Weight and
            Balance Data; and (7) Instructions for Continued
            Airworthiness can be forwarded separately once an NAA is
            assigned. For STCs from companies that do not have an
            \[arrangement with the TC holder\] the applicants package
            and ACO transmittal letter must include a statement that the
            FAA has reviewed the applicants justification and concurs
            with the applicant's position that an arrangement is not
            necessary.

        c.  In those "special cases" when the applicant is seeking
            concurrent FAA/EASA validation of a TC or STC, it is
            generally acceptable for EASA to receive such concurrent
            requests (via FAA ACO) for validation in of advance to
            completion of the related FAA TC, STC, and amendment project
            and issuance of the FAA TC, STC, or amendment. After
            receiving a formal application, EASA can open a validation
            project and run it in parallel to the FAA project. However,
            the EASA approval can only by issued [after the related
            FAA]{.underline} [TC,]{.underline} [STC, or
            amendment]{.underline} [was issued]{.underline} and a copy
            was delivered to EASA.

        d.  Validations with EASA will continue to follow TVP. To
            improve efficiency, EASA should rely on FAA findings to the
            maximum extent possible. The FAA Directorate Standards Staff
            will provide FAA offices involved with validation projects
            with a list of the differences between the EASA
            certification specifications and the airworthiness standards
            of 14 CFR. The FAA ACO will use that list when conducting
            the project with EASA and will issue the appropriate
            certifying statements of compliance to EASA per TVP and
            PTVP.

        e.  During the course of its validation, EASA is responsible for
            accepting or rejecting proposed methods of compliance and
            processing special conditions, equivalent level of safety
            findings, and deviations to the certification specifications
            (comparable to our exemptions) where appropriate. EASA will
            continue to coordinate those with the FAA and the applicant.

        f.  EASA will issue the TC or STC after the project is
            completed. EASA will also notify JAA so that JAA may issue
            its recommendation to the non-EU JAA member authorities.

    2.  **Operational Requirements.**

        a.  Under the Basic Regulation, NAAs cannot add any ANDRs to the
            EASA TC or STC certification basis. Because of national
            operational requirements, NAAs may still require a EU
            operator in a particular EU Member State to meet additional
            requirements to register an aircraft or to get operational
            approval. NAAs should identify these requirements during the
            TC program. EASA is responsible to integrate any operational
            equipment requirements that affect the type design. NAAs
            cannot add operational equipment requirements to the EASA
            type certification basis.

        b.  EASA will encourage Member States to use JAR 26 as the EU
            equipment requirements until new requirements are in place.
            The Community has not determined how or if it will manage
            national variations for registering an aircraft and
            operating it in an individual country. However, the Basic
            Regulation, the EU transfer policy, and the Commission
            Regulation clearly state that the NAA will issue an
            airworthiness certificate to an aircraft that conforms to
            its EASA type design and is safe for operation.

d.  **EASA Acceptance of FAA Environmental Testing and Approvals for
    Noise, Emissions, and Fuel Venting.** Current bilateral agreements
    do not cover reciprocal acceptance of environmental approvals. Under
    Annex Part 21 the U.S. applicant must declare that the product
    complies with the EU essential requirements for environmental
    protection. This declaration is in addition to the FAA's
    certification to 14 CFR parts 34 and 36. EASA will issue two TCDSs:
    one for airworthiness and emissions and a second for noise. In
    addition, the NAA of the State of Registry will issue an aircraft
    Noise Certificate (see appendix 5) for each individual aircraft.

e.  **EU Acceptance of U.S. Design Changes Including Data Used in
    Support of Repairs**. (See figure 4-2 for a summary of how to handle
    design changes.)

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(1) **Design Changes by the TC Holder to Products certified using TVP
    procedures.** The FAA and EASA will follow the PTVP procedures for
    validating or accepting these changes.

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(a) **Major Level 2 Type Design Changes and Major Repair Data Developed
    by the TC Holder.** According to existing bilaterals and EASA
    Decision No. 2004/04/CF, EASA will automatically accept (i.e.
    without further showing) these changes and repair data. Repair data
    and instructions that the U.S. TC holder submits to the FAA that are
    automatically accepted by EASA include service bulletins, structural
    repair manuals, vendor manuals, overhaul and maintenance manuals and
    any other data approved per FAA Order 8110.4.

(b) **Major Level 1 Type Design Changes.** The FAA and EASA will follow
    the PTVP procedures to validate these changes by the TC Holder. For
    the time being, these changes are worked directly with the
    Responsible Party (RP), which will be either an NAA or a
    multinational team. A listing of the current RPs for each product
    can be found at:
    <http://www.easa.eu.int/doc/Certification/Design_Appro/prods_not_transfered.pdf>.
    In the future, EASA may undertake these tasks directly or they may
    decide to reassign the work to another RP. EASA will notify the FAA
    andTC Holder of any changes in assignment of work.

    a.  

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(2) **Major Type Design Changes Developed by Other Than the TC Holder.**
    Major changes to the type design by someone other than the TC holder
    require the FAA to issue an STC. EASA then must validate the STC, as
    explained in paragraphs 4-2b and c in this section.

(3) **Major Repair Data Developed by Other Than the TC Holder.** Major
    repair data must first be approved per FAA Order 8110.4. Under
    Executive Director Decision 2004/04/CF, EASA will not automatically
    accept these data and will review the repair data in accordance with
    Part 21, Subpart M. The FAA may work directly with the RP for the
    product affected by the repair in order to facilitate EASA's
    approval. A listing of the current RP for each product can be found
    at: <http://www.easa.eu.int/doc/leadauth.pdf>.

(4) **Minor Design Changes and Minor Repair Data Developed by Either the
    TC Holder or Other Than the TC Holder.** EASA accepts minor design
    changes and minor repair data that are FAA accepted under the U.S.
    system for U.S. products.

**FIGURE 4-2. DATA FOR DESIGN CHANGES AND REPAIRS\
FOR U.S. PRODUCTS EXPORTED TO THE EU**

*(**NOTE:** Restricted Category Aircraft are handled on a case-by-case
basis)*

f.  **European TSO Approval (ETSO) for U.S. Parts or Appliances.**

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(1) EASA will issue ETSO Authorisations as defined in Annex Part 21.
    U.S. appliance manufacturers should submit new applications for ETSO
    Authorisations to the EASA Manager, Applications/Certifications at
    the address provided at: <http://www.easa.eu.int/contactus_en.html>,
    through their ACO. EASA may contract an EU Member State NAA to
    review the design on behalf of EASA.

> **NOTE**: auxiliary power units (APUs) will be subject to a new EASA
> certification process similar to product type certification. The
> relevant standard is CS-APU, not an ETSO.

(2) Previously granted JTSO Authorisations for Import remain valid until
    replaced by an ETSO Authorisation. EASA will still accept without
    further showing articles already approved under the existing
    TSO/JTSO system.

(3) Minor changes to ETSO Authorisations are accepted without further
    investigation per the bilateral agreements.

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g.  **Replacement and Modification Parts.** EASA will accept U.S. Parts
    Manufacturer Approval (PMA) parts into the EU in a manner consistent
    with the JAA policy on PMA parts. NAAs will no longer issue separate
    national approvals for FAA PMA parts. Manufacturers of U.S. PMA
    parts will file applications with EASA for EU acceptance of critical
    FAA PMA parts that are not manufactured under a license agreement or
    a validated U.S. STC.

h.  **Transfer of U.S. TCs and STCs.** Per ICAO and bilateral
    obligations, we will notify EASA, when a U.S. certificate that the
    Community validated is transferred from one U.S. holder to another,
    or transferred to another country. The FAA ACO will notify the EASA
    Director of Certification when a U.S. TC or STC is transferred. The
    ACO will also provide a copy of the revised certificate and TCDS.

i.  **EASA Validation of a U.S. Restricted Category TC or STC.** After
    EASA validates the TC, the Community will continue to accept U.S.
    restricted category products case by case.

**4-3. EXPORT OF U.S. PRODUCTS TO THE EU.**

a.  **General.** The Community has developed new common EU special
    import requirements for publication in AC 21-2, Export Airworthiness
    Approval Procedures. The United States will continue to export
    products, parts, and articles to EU Member States, using 14 CFR part
    21, subpart L. (See figure 4-3)

b.  **Export Documentation.** Our export documentation remains the same.
    The FAA will continue to issue this documentation per bilateral
    agreements and FAA policy until an applicable bilateral agreement is
    concluded with the Community. The FAA Form 8130‑4, Export
    Certificate of Airworthiness, should contain the following:

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(1) A statement that the product covered by the Form 8130-4 conforms to
    the EASA type design basis and is in a condition for safe operation.
    In issuing this statement, the FAA is certifying compliance with the
    applicable State of Design ADs. For engines and propellers, the
    statement should also confirm that the engine or propeller has
    undergone a final operational check. (This conformity statement in
    the Exceptions block is in addition to the pre-printed certifying
    statement on the Form 8130-4.) Depending on the EASA type
    certification basis definition, the Form 8130-4 should contain one
    of the following statements:

+--------------------------+-------------------------------------------+
| > **If:**                | **Enter one of the following exporting    |
|                          | statements:**                             |
+--------------------------+-------------------------------------------+
| > 1\. A new EASA TC      | "The \[*INSERT AIRCRAFT MODEL*\] covered  |
| > exists,                | by this certificate conforms to EASA Type |
|                          | Certificate \[INSERT EASA TYPE            |
|                          | CERTIFICATE NUMBER\], and is found to be  |
|                          | in a condition for safe operation."       |
|                          |                                           |
|                          | or                                        |
|                          |                                           |
|                          | "The \[*INSERT ENGINE or PROPELLER        |
|                          | MODEL*\] covered by this certificate      |
|                          | conforms to EASA Type Certificate         |
|                          | \[*INSERT EASA TYPE CERTIFICATE           |
|                          | NUMBER\],* is found to be in a condition  |
|                          | for safe operation, and has undergone a   |
|                          | final operational check."                 |
+--------------------------+-------------------------------------------+
| 2\. An EASA TC does not  | "The \[*INSERT AIRCRAFT MODEL*\] covered  |
| exist but a JAA type     | by this certificate conforms to JAA Data  |
| certification basis and  | Sheet \[*INSERT JAA DATA SHEET NUMBER*\], |
| JAA Data Sheet exists,   | and is found to be in a condition for     |
|                          | safe operation."                          |
|                          |                                           |
|                          | or                                        |
|                          |                                           |
|                          | "The \[*INSERT ENGINE or PROPELLER        |
|                          | MODEL*\] covered by this certificate      |
|                          | conforms to the JAA type certification    |
|                          | basis, as defined in the JAA data sheet   |
|                          | \[*INSERT JAA DATA SHEET NUMBER*\], is    |
|                          | found to be in a condition for safe       |
|                          | operation, and has undergone a final      |
|                          | operational check."                       |
+--------------------------+-------------------------------------------+
| 3\. Neither a JAA type   | "The \[*INSERT AIRCRAFT MODEL*\] covered  |
| certification basis and  | by this certificate conforms to the FAA   |
| JAA Data Sheet nor an    | type certification basis, as defined in   |
| EASA type certificate    | the FAA TCDS \[INSERT FAA TYPE            |
| exists,                  | CERTIFICATE NUMBER\], and is found to be  |
|                          | in a condition for safe operation."       |
|                          |                                           |
|                          | or                                        |
|                          |                                           |
|                          | "The \[*INSERT ENGINE or PROPELLER        |
|                          | MODEL*\] covered by this certificate      |
|                          | conforms to FAA Type Certificate \[INSERT |
|                          | FAA TYPE CERTIFICATE NUMBER\], is found   |
|                          | to be in a condition for safe operation,  |
|                          | and has undergone a final operational     |
|                          | check."                                   |
+--------------------------+-------------------------------------------+

> **NOTE:** The EASA type certification basis should be available from
> several sources. For existing U.S. products certified prior to EASA
> becoming operational, we define the EASA type certification basis in
> paragraph 4-2a of this order. EASA will issue a new EASA TC and TCDSs
> to new products, including validated amended TCs.. Also, both the
> importing NAA and the exporting U.S. production approval holder should
> know what the EASA type certification basis is, that is, either a new
> EASA TC, a JAA basis, or -- lacking either of those -- the FAA type
> certfication basis.

(2) If the importing EU Member State has identified any Additional
    National Requirements (ANR), an additional statement should be noted
    in the Exceptions block to verify that the product meets these ANRs.
    These unique ANRs are typically for aircraft registration or
    operational needs specific to an EU Member State. A statement such
    as the following should be entered on the Form 8130-4:

> "This \[INSERT AIRCRAFT, ENGINE, or PROPELLER MODEL\] meets the
> Additional National Requirements as identified by\
> \[INSERT NAME OF IMPORTING EU MEMBER STATE NAA\]."

c.  **EU Acceptance of U.S. Products, Parts, and Articles.** Per current
    FAA policy and procedures, the FAA will continue to issue FAA Form
    8130-4, *Export Certificate of Airworthiness*, for aircraft,
    aircraft engines, and propellers, and FAA Form 8130-3, *Authorized
    Release Certificate (Airworthiness Approval Tag)*, for TSO articles,
    and modification and replacement parts. The EU Member State will
    continue to accept the following:

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(1) ***New aircraft, aircraft engines, and propellers*** with an FAA
    Export C of A.

(2) ***New TSO article*** that has been granted an ETSO Authorisation or
    JTSO Authorisation, with an FAA Form 8130-3.

(3) ***New modification or replacement part*** from either the U.S. PAH
    or PMA holder with an FAA Form 8130-3.

(4) ***Used aircraft***, including aircraft manufactured in any third
    country, with an FAA Export C of A.

(5) ***Aircraft with a U.S. special airworthiness certificate*** in the
    restricted category or primary category may be accepted by the
    Community on a case-by-case basis with an FAA Export C of A. EASA
    may elect to issue an EASA restricted TC for aircraft with a U.S. TC
    (that is, restricted category, primary category).

**FIGURE 4-3. EXPORTING U.S. PRODUCTS, PARTS,\
AND ARTICLES TO THE EU**

d.  **Export Certificate of Airworthiness Exceptions** The MIDO/CMO will
    notify the importing EU Member State NAA of any non-compliance to
    the EASA-approved type design before issuing an FAA Export C of A
    for a new U.S. aircraft, aircraft engine, or propeller. For used
    aircraft, the appropriate FAA FSDO or Flight Standards CMO will
    notify the NAA. The FAA will list any non-compliance as an
    "exception" on the Export C of A. The FAA notification process to
    the EU Member State remains the same. **The NAA needs to reply in
    writing to accept the exception before we can export the product. In
    addition, any aircraft that will be exported to the EU, whose type
    design is approved but contains design changes (e.g., STCs) and
    major repairs that are not approved within the EU, must have these
    design changes and repairs approved in accordance with either 4-2.c.
    or 4-2.e., as appropriate. In these cases, the NAA may work with
    EASA to determine if an Export C of A exception may be granted**
    **to allow the export of the product prior to the EASA design
    approval. If an exception is granted, the NAA will reply in writing
    to the MIDO/CMO or FSDO/CMO to accept the aircraft prior to EASA
    design approval.**

**4-4. CONTINUED AIRWORTHINESS OF U.S. PRODUCTS OPERATING IN THE EU.**

a.  **FAA Airworthiness Directives (ADs).**

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(1) EASA is responsible for the continued airworthiness of products
    operating in the EU, except for those products under Annex II of the
    Basic Regulation that remain with the NAAs. EASA may rely on the
    same NAA or team assigned to validate the product to also be the EU
    focal point on continued airworthiness. The FAA will respond to
    requests for information from EASA or the EU focal point, to help in
    their investigations of airworthiness issues on U.S. products
    operating in the EU. Any request by EASA to meet with a U.S.
    manufacturer to discuss airworthiness issues must be coordinated
    through the responsible ACO. The ACO will develop the agenda with
    the manufacturer based upon the input of the EASA focal point. The
    ACO will participate in all meetings.

(2) If the FAA is contemplating unilateral AD action, the local office
    must consult with its EASA technical counterpart. If EASA does not
    agree to issue its own AD, the final decision to issue an FAA
    unilateral action must be coordinated between the EASA Head of
    Product Certification and the Directorate Manager.

(3) The FAA will provide copies of ADs (including security-sensitive
    ADs) for U.S. products to the EASA AD focal point and Head of
    Product Certificationheadquarters for any EASA management
    coordination prior to issuing unilateral ADs action. We will also
    provide a copy to the NAA European focal point for the U.S. product,
    if identified. The FAA will continue to send advance notifications
    of significant airworthiness issues to EASA and the product focal
    point NAA or certification team PCM. For Annex II products, this
    notification will go directly to the certificating NAAs. (Contact
    AIR-40 for the EASA or NAA point of contact fax number.)

(4) EASA Executive Decision 02/2003 makes all FAA ADs on U.S. products
    legally binding within the EU unless EASA issues a different
    decision before the effective date of the FAA AD. The EASA Head of
    Product Certification will consult with the ACO prior to initiating
    action that is different than our AD. The responsible EASA
    Certification Directorate and FAA directorate management
    representatives manage the resolution of any disagreements over a
    continued airworthiness issue.

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b.  **Service Difficulty Reports (SDR) and Malfunction, Failure, and
    Defect Reporting.** Existing bilateral agreements discuss how to
    exchange data on malfunctions, failures, and defects. EASA is
    developing a centralized system to collect and analyze in-service
    data. The FAA will work with the EASA and the EU focal point when
    reporting and exchanging information on U.S. products. It is
    important to acquire in-service data from EASA/NAAs on U.S. products
    operating in the EU.

c.  **EASA Safety and Suspected Unapproved Parts (SUP) Investigations.**

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(1) When EASA conducts a safety or SUP investigation involving a U.S.
    product, the FAA and EASA will coordinate and share all pertinent
    data. Our policy and procedures on the protocol for investigations
    is unchanged. The Investigator in Charge from the appropriate
    accident investigating board controls the sharing of information and
    the participation of FAA and any other state in accident
    investigations. Examples of accident investigating boards are the
    National Transportation Safety Board in the U.S. and the accident
    investigation organization of any country where an accident may have
    occurred.

(2) For a specific investigation, EASA and the FAA will establish
    individual focal points to respond to questions from each other.
    These focal points will also ensure timely and consistent
    communication occurs. We will help to ensure a U.S. manufacturer
    provides the information quickly. If urgency requires that EASA
    request information directly from a U.S. manufacturer because it
    cannot contact us quickly, or the manufacturer provides data
    directly to EASA for any reason, EASA will ensure that we are aware
    of that exchange as soon as possible.

**CHAPTER 5. RULEMAKING AND OTHER ADMINISTRATIVE COORDINATION**

**5-1. RULEMAKING, POLICY, AND GUIDANCE.**

a.  **Continuing to Work with the JAA.** EASA is the European authority
    for rules and policy for airworthiness and maintenance. The JAA has
    agreed to simply adopt all EASA rules and policy related to
    airworthiness and maintenance. However, EASA has not yet established
    competency in aircraft operations and flight crew licensing. We will
    continue to work directly with the JAA on those operations-related
    regulatory issues that impact airworthiness, until a new Community
    regulation provides this authority to EASA.

b.  **EASA Rulemaking Process**. The EASA rulemaking process has
    retained some aspects of the JAR 11 procedures, such as issuance of
    Notice of Proposed Amendment (NPA), 90-day comment period, but with
    several significant differences.

```{=html}
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```
(1) EASA is solely responsible for drafting Community aviation safety
    rules as an independent rulemaking body. The Executive Director can
    choose to use either a work group or EASA resources when drafting a
    document. The objective is to obtain the correct technical expertise
    for a given task, rather than systematically involving all parties.

(2) Two groups advise the EASA Executive Director on rulemaking: the
    Safety Standards Consultative Committee (SSCC) and Advisory Group of
    National Authorities (AGNA). The SSCC is intended to include those
    directly affected by EASA's actions (that is, industry). The AGNA
    include one NAA representative per EU Member State responsible for
    applying the Basic Regulation and its implementing rules. EASA
    publishes all materials, including membership, procedures, meeting
    agendas, minutes, and related documentation, from both groups.

```{=html}
<!-- -->
```
c.  **Working with EASA on Rulemaking.** Provisions for participation in
    rulemaking must be included in any new bilateral agreement with the
    Community, since the Basic Regulation does not provide for non-EU
    government involvement. In the interim period until a bilateral
    agreement is concluded, the FAA and EASA have agreed to continue
    pursuing shared regulatory cooperation objectives. FAA and EASA have
    been coordinating their rulemaking programs and will coordinate on
    specific rules at, or prior to, key steps in their respective
    rulemaking processes. These key points are at the preparatory phase
    of the rulemaking program, at the tasking phase, before the formal
    consultation or public comment period (NPA/NPRM), and before the
    final rule adoption. The FAA and EASA will continue to resource and
    support the completion of key joint safety initiatives, such as the
    implementation of the Changed Product Rule (CPR) and other
    harmonization efforts originally sponsored by JAA and us.

# 5-2. RECORD KEEPING. The Community will maintain all records on aviation safety, including regulatory, administrative, and technical records. Under the current system, a NAA that served as program manager for an EU certification or U.S. product validation would usually maintain the certification records. Initially NAAs will not transfer documents and records to EASA. EASA may later decide to transfer documents.

+----------------+-----------------------------------------------------+
| **FIGURE 5-1.  |                                                     |
| RECORD KEEPING |                                                     |
| RESP           |                                                     |
| ONSIBILITIES** |                                                     |
+----------------+-----------------------------------------------------+
| **EASA         | All records on EASA's duties and responsibilities   |
| maintains:**   | in the areas of rulemaking, airworthiness,          |
|                | oversight, and standardization, for example, TC,    |
|                | TCDS, STC, AD, ETSO, DOA, POA, rules, policy.       |
|                |                                                     |
|                | **NOTE:** EASA may permit NAAs to retain records    |
|                | locally in the areas of responsibility they are     |
|                | performing on behalf of EASA.                       |
+----------------+-----------------------------------------------------+
| **NAA          | Products the NAA approved before EASA became        |
| maintains all  | operational.                                        |
| records on:**  |                                                     |
|                | Production approvals issued and overseen by the     |
|                | NAA.                                                |
|                |                                                     |
|                | Annex II products.                                  |
|                |                                                     |
|                | Airworthiness, oversight, and standardization       |
|                | activities that the NAA conducts with or on behalf  |
|                | of EASA.                                            |
|                |                                                     |
|                | **NOTE:** NAAs may retain other records locally in  |
|                | the areas of responsibility they are performing on  |
|                | behalf of EASA.                                     |
+----------------+-----------------------------------------------------+

**5-3. PROTECTING PROPRIETARY DATA AND SUPPORT FOR REQUESTS UNDER
FREEDOM OF INFORMATION, FREEDOM OF THE PRESS ACT, ETC.**

a.  **Rules for Disclosing Information.** The Community will continue to
    protect intellectual property, including proprietary data, under
    bilateral commitments and Community and national law. Access to
    proprietary data is restricted to EASA and NAAs who need to know as
    part of their regulatory responsibilities. Release of such data to
    other parties requires written consent from the owner of the data.
    The principles of protection and prior approval of public access to
    documents will be covered by Regulation (EC) 1049/2001 and rules
    adopted by the Commission and the EASA Management Board under the
    Basic Regulation, Articles 11 and 47. Under these principles, EASA
    must disclose any information it has, unless it falls within certain
    exceptions. These exceptions include trade secrets and financial or
    commercial data that would be considered confidential.

b.  **Releasing Officially Requested Information.** The FAA, EASA, and
    NAAs will help each other determine if they can release officially
    requested information, per U.S., EU, or Member State regulations.
    Any FAA requests to release proprietary data belonging to an EU data
    holder will be submitted through EASA. Consent, if granted, will be
    forwarded to the FAA through EASA.

**5-4. FORMS.** The Commission Regulation defines EASA forms in Annex
Part 21 (see appendix 5 for forms pertinent to this order). NAA and JAA
forms executed before EASA became operational are still valid. (JAA Form
Ones may be executed by EU Member States until September 28, 2005.) The
EU Member State NAAs will continue to use their own local forms, unless
there is an explicit requirement to use an EASA form. For example, NAAs
must use an NAA form for Annex II products that are under the NAA's
responsibility and for Export C of A.

**CHAPTER 6. TECHNICAL ASSISTANCE BETWEEN AUTHORITIES**

**6-1. TECHNICAL ASSISTANCE REQUESTS.**

a.  **Providing Technical Assistance to NAAs or EASA.** The FAA will
    continue to provide technical assistance to bilateral partner NAAs
    or EASA, when EASA is acting as the agent of a bilateral partner
    Member State. The affected FAA office should respond to requests,
    per existing policy and procedures. We will consider EASA requests
    for technical assistance for EU Member States that do not have a
    bilateral agreement with the United States, case by case, subject to
    available FAA resources.

b.  **Requesting EU Assistance.** When requesting new technical
    assistance, it is important for our specialists to determine if the
    support required in Europe is related to engineering design or
    manufacturing. EASA is responsible for all design activity in EU
    Member States, except for aircraft under Annex II of the Basic
    Regulation. The NAAs will still oversee production. This division of
    responsibility affects how the FAA will transmit and respond to new
    requests for technical assistance.

c.  **FAA Special Arrangements with NAAs or EASA.** Existing working
    arrangements with NAAs will continue. These are largely in the
    conformity inspection, production oversight, and test witnessing
    areas. The NAA must first notify us that the terms and conditions of
    any working arrangement have shifted to EASA or can no longer be met
    for other reasons. Any new special arrangements that may be needed
    with EASA must be coordinated through AIR-40.

**6-2. REQUESTING CONFORMITY INSPECTIONS OR SURVEILLANCE SUPPORT FROM
THE EU.**

a.  **FAA Requests.** Per existing FAA policy and procedures, we will
    continue to ask the applicable EU Member State NAA for help in
    conducting conformity inspections of prototype parts or test setup
    equipment located in the EU. The MIDO/CMO should be as specific as
    possible when requesting information or data to be returned to the
    FAA. Note that no EASA form exists equivalent to FAA Form 8100-1
    "Conformity Inspection Record."

b.  **EU Member State NAA Replies.** The EU Member State NAA will send
    back all requested conformity inspection documentation (for example,
    Conformity Inspection Record, Statement of Conformity, Request for
    Conformity) to the requesting FAA office. The EU Member State NAA
    will also issue an EASA Form 1 signifying conformity, to accompany
    the prototype part on shipment.

**6-3. REQUESTING TEST WITNESSING FROM THE EU.**

a.  **FAA Requests**. We will ask the EASA Director of Certification for
    help in witnessing tests within the EU. EASA may choose to task an
    NAA to support the FAA request or may witness the test itself.

b.  **EASA or EU Member State NAA** **Replies.** EASA or the EU Member
    State NAA will send back all requested test witnessing documentation
    (for example, test report) to the requesting FAA office.

**6-4. COMPLIANCE FINDINGS TO EU REQUIREMENTS.**

a.  The FAA will continue to make statements of compliance to European
    airworthiness codes (JAR and/or EASA certification specifications)
    as requested by a bilateral partner NAA or EASA acting as the agent
    of a bilateral partner Member State per the existing BAAs/BASA IPAs.
    Designees currently authorized to make compliance findings to the
    JARs can be considered as candidates for making findings to the
    certification specifications, after the differences have been
    identified. (See paragraph 4-2c(1)(b).) The ACO will identify
    designees with this authorisation in the Designee Information
    Network (DIN).

b.  The FAA and FAA designees cannot make similar compliance findings
    for non-bilateral partner Member States until a new bilateral
    agreement is concluded with the Community.

**6-5. ISSUANCE OF AIRWORTHINESS CERTIFICATES.** The NAAs of Germany,
Italy, and France will continue to assist with issuing U.S. Standard
Airworthiness Certificates in their respective countries under existing
bilateral agreements. The NAA points of contact are unchanged, unless
the NAA notifies us otherwise.

**6-6. INTERNATIONAL COOPERATIVE SUPPLIER SURVEILLANCE PROGRAM
(ICSSP).** In Germany, the United Kingdom, and France, our ICSSP will
remain in effect under existing agreements, until a new bilateral
agreement is in place with the Community that addresses ICSSP activities
with other EU Member States.

7.  **REQUESTING PRODUCTION OVERSIGHT SUPPORT FROM THE EU.**

**a. FAA Requests.** Per existing FAA policy and procedures, we ask the
EU Member State NAA for help in overseeing production (for example,
production approvals extended outside the United States, supplier
surveillance in non-ICSSP countries).

**b. EU Member State NAA Replies.** The EU Member State NAA will conduct
the requested production oversight assistance, and will send back all
requested documentation associated with the oversight assistance to the
requesting FAA office.

**6-8. ACCESS TO FACILITIES.** The FAA and the Community will continue
to permit unrestricted access for each other's inspectors to all
regulated facilities in the United States and the EU.

Aircraft referred to in Article 4(2)

\(a\) "Aircraft to which Article 4(1) does not apply are aircraft for
which a type-certificate or a certificate of airworthiness has not been
issued on the basis of this Regulation and its implementing rules, and
which fall in one of the following categories:(a) Aircraft having a
clear historical relevance, related to:

> \(i\) Participation in a noteworthy historic event; or

\(ii\) A major step in the development of aviation; or

\(iii\) A major role played in the armed forces of a Member State;

*and* meeting one or more of the following criteria:

> \(i\) Its initial design is established as being more than 40 years
> old;
>
> \(ii\) Its production stopped at least 25 years ago;
>
> \(iii\) Fewer than 50 aircraft of the same basic design are still
> registered in the Member States;

\(b\) Aircraft specifically designed or modified for research,
experimental or scientific purposes, and likely to be produced in very
limited numbers;

\(c\) Aircraft of which at least 51% is built by an amateur, or a
non-profit association of amateurs, for their own purposes and without
any commercial objective;

\(d\) Aircraft whose initial design was intended for military purposes
only;

\(e\) Aeroplanes having no more than two seats; the stall speed or the
minimum steady flight speed in landing configuration not exceeding 35
knots calibrated air speed (CAS); and a maximum take-off mass (MTOM) of
no more than:

> \(i\) 300 kg for a land plane, single seater; or
>
> \(ii\) 450 kg for a land plane, two seater; or
>
> \(iii\) 330 kg for an amphibian or floatplane single seater; or
>
> \(iv\) 495 kg for an amphibian or floatplane two seater, provided
> that, where operating both as a floatplane and as a land plane, it
> falls below both MTOM limits, as appropriate;

\(f\) 'Gliders' with a structural mass of less than 80 kg when single
seater or 100 kg when two seater, including those which are foot
launched;

\(g\) Unmanned aircraft with an operating mass of less than 150 kg;

\(h\) Any other aircraft with a total mass without pilot of less than 70
kg."

Send notifications and communications to the appropriate EASA or NAA
office. See information below.

1.  **European Aviation Safety Agency (EASA):**

Certification Applications Manager

Mr. Jan Novak

Phone: 49 221 89990 4013

Fax: 49 221 89990 4513

E-mail: <jan.novak@easa.eu.int>.

[]{.mark}

[Physical Address:]{.underline}

European Aviation Safety Agency

Ottoplatz 1

D-50679 Köln

Germany

Phone: 49 221 89990 + extension

General fax: 49 221 89990 9999

[Mailing Address:]{.underline}

European Aviation Safety Agency

Postfach 10 12 53

D-50452 Köln

Germany

2.  National Aviation Authorities (NAA) Contacts. NAA contact
    information is available on the FAA Intranet at:
    [**http://intranet.faa.gov/avr/air/air4/caalist.pdf**](http://intranet.faa.gov/avr/air/air4/caalist.pdf).

+-------------+----------------------------------------+----+----+----+
| **COUNTRY** | **PRODUCTS INCLUDED IN THE BILATERAL** | ** | #  | >  |
|             |                                        | Te | Co |  * |
|             |                                        | st | nf | *A |
|             |                                        | ** | or | ir |
|             |                                        |    | mi | wo |
|             |                                        | ** | ty | rt |
|             |                                        | Wi |    | hi |
|             |                                        | tn | ** | ne |
|             |                                        | es | In | ss |
|             |                                        | si | sp | >  |
|             |                                        | ng | ec |  A |
|             |                                        | ** | ti | pp |
|             |                                        |    | on | ro |
|             |                                        |    | ** | va |
|             |                                        |    |    | ls |
|             |                                        |    |    | ** |
+=============+========================================+====+====+====+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **AUSTRIA** | Aircraft                               | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (Austria is State of | X  | X  | X  |
|             | Design, FAA has validated Type         |    |    |    |
|             | Certificate (TC) for the aircraft,     |    |    |    |
|             | etc.)                                  |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | **Comments on component conformity and |    |    |    |
|             | test witnessing:** FAA and             |    |    |    |
|             | AustroControl have a special           |    |    |    |
|             | arrangement for conformity inspection  |    |    |    |
|             | and test witnessing. Consult this      |    |    |    |
|             | procedure when the FAA is working on   |    |    |    |
|             | behalf of Austria about                |    |    |    |
|             | AustroControl's expectations for data. |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **BELGIUM** | Aircraft                               | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (Belgium is State of | X  | X  | X  |
|             | Design + FAA has validated TC for the  |    |    |    |
|             | aircraft, etc.)                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **CZECH     | Aircraft                               | NO | NO | X  |
| REPUBLIC**  |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | NO | NO | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | NO | NO | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | NO | NO | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (for Czech products  | NO | NO | X  |
|             | and appliances only)                   |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | **Comments:**                          |    |    |    |
|             |                                        |    |    |    |
|             | Formal Operating Procedures were       |    |    |    |
|             | concluded in 1996. These procedures    |    |    |    |
|             | describe various interactions between  |    |    |    |
|             | the FAA and the Civil Aviation         |    |    |    |
|             | Inspectorate and are similar to an     |    |    |    |
|             | IPA.                                   |    |    |    |
|             |                                        |    |    |    |
|             | **NOTE:** There are no bilateral       |    |    |    |
|             | provisions for the Civil Aviation      |    |    |    |
|             | Inspectorate to provide technical      |    |    |    |
|             | assistance to the FAA.                 |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **DENMARK** | Aircraft                               | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts                      | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **FINLAND** | Gliders only                           | NO | NO | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | NO | NO | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (for appliances and  | NO | NO | X  |
|             | gliders)                               |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **FRANCE**  | Aircraft                               | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts                      | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | STCs (for products for which France is | X  | X  | X  |
|             | the State of Design)                   |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts (for products for   | X  | X  | X  |
|             | which either France or the United      |    |    |    |
|             | States is the State of Design for the  |    |    |    |
|             | design change)                         |    |    |    |
|             |                                        |    |    |    |
|             | **NOTE:** See AIR-200 Information      |    |    |    |
|             | Memo, "Imported Parts Produced in a    |    |    |    |
|             | Bilateral Country Under Licensing      |    |    |    |
|             | Agreement with a U.S. or Third Country |    |    |    |
|             | Design Approval Holder," December 12,  |    |    |    |
|             | 2002, on French modification parts.    |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **GERMANY** | Aircraft                               | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts                      | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | STCs (for both German and U.S.         | X  | X  | X  |
|             | products, and specific Airbus models   |    |    |    |
|             | A300, A310, A320, A321)                |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts (on products for    | X  | X  | X  |
|             | which Germany is the State of Design,  |    |    |    |
|             | and/or the part is manufactured by a   |    |    |    |
|             | German Production Organisation         |    |    |    |
|             | Approval (POA) holder who has an       |    |    |    |
|             | arrangement with a U.S. design change  |    |    |    |
|             | approval holder for the manufacturing  |    |    |    |
|             | rights)                                |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **ITALY**   | Aircraft                               | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (for products for    | X  | X  | X  |
|             | which Italy is the State of Design,    |    |    |    |
|             | and/or the part holds an FAA approval  |    |    |    |
|             | and is manufactured by an Italian POA  |    |    |    |
|             | holder who has an arrangement with a   |    |    |    |
|             | U.S. or third country design approval  |    |    |    |
|             | holder for the manufacturing rights)   |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | STCs (for products for which Italy is  | X  | X  | X  |
|             | the State of Design)                   |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts (for products for   | X  | X  | X  |
|             | which Italy is the State of Design,    |    |    |    |
|             | and/or the part is manufactured by an  |    |    |    |
|             | Italian POA holder who has an          |    |    |    |
|             | arrangement with a U.S. design change  |    |    |    |
|             | approval holder for the manufacturing  |    |    |    |
|             | rights)                                |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **NE        | Aircraft                               | X  | X  | X  |
| THERLANDS** |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (NL is the State of  | X  | X  | X  |
|             | Design for the aircraft or appliance   |    |    |    |
|             | and/or the part holds an FAA approval  |    |    |    |
|             | and is manufactured by a Dutch POA     |    |    |    |
|             | holder that has an arrangement with a  |    |    |    |
|             | U.S. or third country design approval  |    |    |    |
|             | holder for the manufacturing rights).  |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | STCs (for Netherlands State of Design  | X  | X  | X  |
|             | aircraft)                              |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts (where NL is State  | X  | X  | X  |
|             | of Design for the aircraft or          |    |    |    |
|             | appliance and the design change,       |    |    |    |
|             | and/or the part is manufactured by a   |    |    |    |
|             | Dutch POA holder that has an           |    |    |    |
|             | arrangement with a U.S. design change  |    |    |    |
|             | approval holder for the manufacturing  |    |    |    |
|             | rights).                               |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **POLAND**  | Gliders, small fixed-wing aircraft of  | X  | X  | X  |
|             | 12,500 lbs or less, and helicopters    |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Piston engines of 1,000 horsepower or  | X  | X  | X  |
|             | less, turbine engines                  |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Propellers associated with piston      | X  | X  | X  |
|             | engines of 1,000 hp or less            |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (for products for    | X  | X  | X  |
|             | which Poland is the State of Design)   |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts by TC holder        | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **SPAIN**   | Aircraft                               | NO | NO | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | NO | NO | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (for aircraft and    | NO | NO | X  |
|             | appliances only)                       |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts (by the original    | NO | NO | X  |
|             | approval holder for aircraft and       |    |    |    |
|             | appliances only)                       |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **SWEDEN**  | Aircraft                               | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | NO | NO | NO |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | NO | NO | NO |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts                      | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | STCs (for products for which Sweden is | X  | X  | X  |
|             | the State of Design)                   |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts (where Sweden is    | X  | X  | X  |
|             | State of Design for the product and    |    |    |    |
|             | the design change and /or the part is  |    |    |    |
|             | manufactured by a Swedish POA holder   |    |    |    |
|             | that has an arrangement with a U.S.    |    |    |    |
|             | design change approval holder for the  |    |    |    |
|             | manufacturing rights.)                 |    |    |    |
+-------------+----------------------------------------+----+----+----+

+-------------+----------------------------------------+----+----+----+
| **COUNTRY** | **PRODUCTS INCLUDED IN THE BILATERAL** | ** | #  | >  |
|             |                                        | Te | Co |  * |
|             |                                        | st | nf | *A |
|             |                                        | ** | or | ir |
|             |                                        |    | mi | wo |
|             |                                        | ** | ty | rt |
|             |                                        | Wi |    | hi |
|             |                                        | tn | ** | ne |
|             |                                        | es | In | ss |
|             |                                        | si | sp | >  |
|             |                                        | ng | ec |  A |
|             |                                        | ** | ti | pp |
|             |                                        |    | on | ro |
|             |                                        |    | ** | va |
|             |                                        |    |    | ls |
|             |                                        |    |    | ** |
+=============+========================================+====+====+====+
|             |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
| **UNITED    | Aircraft                               | X  | X  | X  |
| KINGDOM**   |                                        |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Engines                                | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Propellers                             | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Appliance                              | X  | X  | X  |
+-------------+----------------------------------------+----+----+----+
|             | Replacement parts (on products for     | X  | X  | X  |
|             | which the UK is the State of Design    |    |    |    |
|             | and /or the part holds an FAA approval |    |    |    |
|             | and is manufactured by a UK POA holder |    |    |    |
|             | that has an arrangement with a U.S. or |    |    |    |
|             | third country design approval holder   |    |    |    |
|             | for the manufacturing rights)          |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | STCs (for products for which the UK is | X  | X  | X  |
|             | State of Design)                       |    |    |    |
+-------------+----------------------------------------+----+----+----+
|             | Modification parts (where the UK is    | X  | X  | X  |
|             | the State of Design for the product    |    |    |    |
|             | and the design change and/or the part  |    |    |    |
|             | is manufactured by a UK POA holder     |    |    |    |
|             | that has an arrangement with a U.S.    |    |    |    |
|             | design change approval holder for the  |    |    |    |
|             | manufacturing rights)                  |    |    |    |
+-------------+----------------------------------------+----+----+----+

**A. New Historical Transition Statement:**

Add the following statement immediately after the Type Certification
Basis statement section in the TCDS and in STCs:

> "***\[Insert name of the State of Design National Aviation
> Authority\]*** originally type certificated this ***\[insert aircraft,
> rotorcraft, engine, or propeller\]*** under its type certificate
> Number ***\[insert the original State of Design TC or STC number\]***.
> The FAA validated this product under U.S. Type Certificate Number
> ***\[insert the U.S. TC or STC number\]***. Effective September 28,
> 2003, the European Aviation Safety Agency (EASA) began oversight of
> this product on behalf of ***\[insert the State of Design\]***."

## **B. Revised Import Requirements Statement:**

Add before Note 1 of the TCDS:

> "**IMPORT REQUIREMENTS:**
>
> The FAA can issue a U.S. airworthiness certificate based on an NAA
> Export Certificate of Airworthiness (Export C of A) signed by a
> representative of ***\[insert name of the State of Design/Manufacture
> National Aviation Authority\]*** on behalf of the European Community.
> The Export C of A should contain the following statement: 'The
> aircraft covered by this certificate has been examined, tested, and
> found to comply with ***\[insert document identifier, title revision,
> etc.\]*** approved under U.S. Type Certificate No**. *\[insert type
> certificate number\]*** and to be in a condition for safe operation.'
> "

**C. Revised Service Information Statement:**

Add in the "Notes" Section of the FAA TCDS:

> **"SERVICE INFORMATION:**
>
> Each of the documents listed below must state that it is approved by
> the European Aviation Safety Agency (EASA) or -- for approvals made
> before September 28, 2003 -- by ***\[insert the name of the State of
> Design National Aviation Authority\]***. Any such documents are
> accepted by the FAA and are considered FAA approved.

-   Service bulletins,

-   Structural repair manuals,

-   Vendor manuals,

-   Aircraft flight manuals, and

-   Overhaul and maintenance manuals.

*This applies only to the acceptance of the type design data. FAA
personnel should also incorporate -- into the Service Information
statement above -- a description of any other accepted forms or types of
data approval where provided for under the bilateral agreement with the
State of Design. This may include approvals made under the TC holder's
DOA, repair instructions not included in the structural repair manual,
etc.*

  -----------------------------------------------------------------------
  *When the forms of this Appendix are issued in a language other than
  English, they shall include an English translation.*

  -----------------------------------------------------------------------

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height="5.752083333333333in"}

![](media/image11.png){width="5.992361111111111in"
height="7.139583333333333in"}

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height="5.160416666666666in"}

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height="3.084722222222222in"}

**AA** Airworthiness Authority

**AC** Advisory Circular

**ACO** Aircraft Certification Office

**AD** Airworthiness Directive

**AGNA** Advisory Group of National Authorities

**AIR** Aircraft Certification Service

**AMC** Acceptable Means of Compliance

**ANDR** Additional National Design Requirement

**ANR** Additional National Requirement

**BAA** Bilateral Airworthiness Agreement

**BASA** Bilateral Aviation Safety Agreement

**C of A** Certificate of Airworthiness

**CAMO** Continuing Airworthiness Management Organisation

**CAS** Calibrated Air Speed

**CFR** Code of Federal Regulations

**CMO** Certificate Management Office

**CPR** Changed Product Rule

**DAR** Designated Airworthiness Representative

**DER** Designated Engineering Representative

**DOA** Design Organisation Approval

**EASA** European Aviation Safety Agency

**EPA** European Part Approval

**EU** European Union

**ETSO** European Technical Standard Order

**FAA** Federal Aviation Administration

**FSDO** FAA Flight Standards District Office

**ICAO** International Civil Aviation Organization

**ICSSP** International Cooperative Supplier Surveillance Program

**IPA** Implementation Procedures for Airworthiness

**JAA** Joint Aviation Authorities

**JAR** Joint Aviation Requirements

**JIP** Joint Implementation Procedures

**JTSO** Joint Technical Standard Order

**MCAI** Mandatory Continued Airworthiness Information

**MIDO** Manufacturing Inspection District Office

**MIO** Manufacturing Inspection Office

**MISO** Manufacturing Inspection Satellite Office

**MTOM** Maximum Take-off Mass

**NAA** National Aviation Authority

**NPA** Notice of Proposed Amendment

**ODAR** Organizational Designated Airworthiness Representative

**PMA** Parts Manufacturer Approval

**POA** Production Organisation Approval

**PTVP** Post Type Validation Principles

**SDR** Service Difficulty Report

**SSCC** Safety Standards Consultative Committee

**STC** Supplemental Type Certificate

**SUP** Suspected Unapproved Part

**TC** Type Certificate

**TCDS** Type Certificate Data Sheet

**TDS** Technical Data Sheet

**TSO** Technical Standard Order

**TVP** Type Validation Principles

**U.S.** United States

![](media/image17.wmf)

U.S. Department

of Transportation

**Federal Aviation**

**Administration**

**Directive Feedback Information**

Please submit any written comments or recommendations for improving this
directive, or suggest new items or subjects to be added to it. Also, if
you find an error, please tell us about it.

Subject: Order [8100.14A]{.underline}

To: Directive Management Officer, [AIR-530]{.underline}

(*Please check all appropriate line items)*

 An error (procedural or typographical) has been noted in paragraph
\_\_\_\_\_\_\_ on page \_\_\_\_\_\_\_.

 Recommend paragraph \_\_\_\_\_\_\_ on page \_\_\_\_\_\_\_ be changed
as follows:

*(attach separate sheet if necessary)*

 In a future change to this directive, please include coverage on the
following subject:

*(briefly describe what you want added)*

 Other comments:

 I would like to discuss the above. Please contact me.

Submitted by:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FTS Telephone Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Routing
Symbol: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**FAA Form 1320--19** (8-89)(Representation)