02011A1109(01) — EN — 13.12.2017 — 001.001

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Amended by:









▼B

AGREEMENT

between the United States of America and the European Community on cooperation in the regulation of civil aviation safety







THE UNITED STATES OF AMERICA, and THE EUROPEAN COMMUNITY hereinafter referred to as ‘the Parties’, DESIRING to build upon decades of trans-Atlantic cooperation in civil aviation safety and environmental testing and approvals; SEEKING to improve the long-standing cooperative relationship between Europe and the United States to ensure a high level of civil aviation safety worldwide and to minimise economic burdens on the aviation industry and operators from redundant regulatory oversight; COMMITTED to ensuring the continued operational safety of the civil aviation fleet and the timely exchange of in-service information; COMMITTED to developing a comprehensive system of regulatory cooperation in civil aviation safety and environmental testing and approvals based on continuous communication and mutual confidence; and ACKNOWLEDGING the rights and obligations of the United States and Member States of the European Community (the ‘Member States’) under the Convention on International Civil Aviation done at Chicago on 7 December 1944 (‘Chicago Convention’) and its annexes, HAVE AGREED AS FOLLOWS:







Article 1

Definitions

For the purposes of this Agreement, the term:

A. ‘Airworthiness Approval’ means a finding that the design or change to a design of a civil aeronautical product meets applicable standards or that an individual product conforms to a design that has been found to meet those standards and is in a condition for safe operation.

B. ‘Aviation Authority’ means a responsible government agency or entity of a European Union Member State that exercises legal oversight on behalf of the European Community over regulated entities and determines their compliance with applicable standards, regulations, and other requirements within the jurisdiction of the European Community.

C. ‘Civil aeronautical product’ means any civil aircraft, aircraft engine, or propeller, or appliance, part, or component to be installed thereon.

D. ‘Environmental approval’ means a finding that the design or change to a design of a civil aeronautical product meets applicable standards concerning noise, fuel venting or exhaust emissions.

E. ‘Environmental testing’ means a process by which the design or change to a design of a civil aeronautical product is evaluated for compliance with applicable standards and procedures concerning noise, fuel venting or exhaust emissions.

F. ‘Technical Agent’ means, for the United States, the Federal Aviation Administration (FAA); and for the European Community, the European Aviation Safety Agency (EASA).

G. ‘Maintenance’ means the performance of any one or more of the following actions: inspection, overhaul, repair, preservation, or the replacement of parts, materials, appliances, or components of a civil aeronautical product to assure the continued airworthiness of such a product; or the installation of previously approved alterations or modifications carried out in accordance with requirements established by the appropriate Technical Agent.

H. ‘Monitoring’ means the periodic surveillance to determine continuing compliance with the appropriate standards.

I. ‘Regulated entity’ means any natural or legal person whose civil aviation safety and environmental testing and approval activities are subject to the statutory and regulatory jurisdiction of one or both of the Parties.

Article 2

Purpose and Scope

A. The purposes of this Agreement are to:

1) enable the reciprocal acceptance, as provided in the Annexes to this Agreement, of findings of compliance and approvals issued by the Technical Agents and Aviation Authorities;

2) promote a high degree of safety in air transport;

3) ensure the continuation of the high level of regulatory cooperation and harmonisation between the United States and the European Community in the fields covered in paragraph B.

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B. The scope of cooperation under this Agreement includes the following areas:

(1) Airworthiness approvals and monitoring of civil aeronautical products;

(2) Environmental testing and approvals of civil aeronautical products;

(3) Approvals and monitoring of maintenance facilities;

(4) Personnel licensing and training;

(5) Operation of aircraft; and

(6) Air-traffic services and air-traffic management.

▼B

C. The Parties may agree to additional areas of cooperation and acceptance by written amendment of this Agreement in accordance with Article 19.

Article 3

Executive Management

A. The Parties hereby establish a Bilateral Oversight Board (the ‘Board’), which shall be responsible for ensuring the effective functioning of this Agreement and shall meet at regular intervals to evaluate the effectiveness of its implementation.

B. The Board shall be composed of representatives of:

The United States of America, which shall be the Federal Aviation Administration (co-chair), and

The European Community, which shall be the European Commission (co-chair) assisted by the European Aviation Safety Agency and accompanied by the Aviation Authorities.

The Board may invite the participation of subject-specific experts on an ad hoc basis. The Board may establish and oversee the work of technical working groups. The Board shall develop and adopt internal governing procedures. All decisions of the Board shall be taken by consensus with each Party having one vote. These decisions shall be in writing and signed by the Parties’ representatives on the Board.

C. The Board may consider any matter related to the functioning of this Agreement. In particular it shall be responsible for:

1) handling disputes as specified in Article 17;

2) as appropriate, amending the Annexes in accordance with Article 19.B;

3) providing a forum for discussion of issues that may arise and changes that may affect the implementation of this Agreement;

4) providing a forum for discussion of common approaches to safety and environmental issues within the scope of this Agreement and for sharing information on aviation safety concerns on a regular basis, including consultation on proposed new, and changes to existing, safety measures;

5) providing a forum for early-warning discussions of draft regulations and legislation by either Party;

6) exchanging information on planned organisational changes;

7) as appropriate, adopting additional Annexes;

8) Making proposals, as appropriate, to the Parties to otherwise amend this Agreement.

Article 4

General Provisions

A. Each Party shall accept findings of compliance and approvals made by the other Party’s Technical Agent and, in the case of the United States those made by Aviation Authorities, in accordance with the terms and conditions set forth in the Annexes to this Agreement.

B. Except as specified in the Annexes to this Agreement, this Agreement shall not be construed to entail reciprocal acceptance or recognition of standards or technical regulations of the Parties.

C. The Parties shall recognise each other’s systems of delegation to designees or regulated entities existing as of the date of entry into force of this Agreement as equivalent for the purpose of complying with each Party’s respective legal requirements. The Parties shall give findings of compliance made by these designees or regulated entities, in accordance with the provisions in the Annexes, the same validity as those made directly by a Technical Agent or Aviation Authority. Delegation systems implemented after the date of entry into force of this Agreement shall be subject to confidence building measures.

D. The Parties shall ensure that their Technical Agents and Aviation Authorities fulfil their responsibilities under this Agreement, including its Annexes.

E. In the event that a design approval holder transfers its approval to another entity, the Technical Agent responsible for the design approval shall promptly notify the other Technical Agent of the transfer.

F. This Agreement, including its Annexes, is binding on both Parties.

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Article 5

Annexes

For matters within the scope of this Agreement, the Parties or their representatives on the Board shall develop Annexes describing the terms and conditions for reciprocal acceptance of findings of compliance and approvals, when they agree that each Party's civil aviation standards, rules, practices and procedures are sufficiently compatible to permit acceptance of approvals and findings of compliance with agreed upon standards made by one Party on behalf of the other. The Parties also agree that technical differences between their civil aviation systems shall be addressed in the Annexes.

▼B

Article 6

Regulatory Cooperation and Transparency

A. The Technical Agents shall develop and adopt procedures for regulatory cooperation in civil aviation safety and environmental testing and approvals, taking into account relevant guidelines on regulatory cooperation between the Parties. Those procedures shall include the opportunity for consultation and participation, whenever possible, of experts from one Party’s Technical Agent, Aviation Authorities, and industry in the early stages of drafting civil aviation regulatory materials by the other Party.

B. Subject to the availability of funds, the Parties shall ensure continued trans-Atlantic cooperation on significant aviation safety initiatives, as appropriate.

Article 7

Cooperation in Quality Assurance and Standardisation Inspection Activities

To promote the continued understanding of and compatibility between each Party’s civil aviation safety regulatory systems, each Technical Agent may participate in the other’s internal quality assurance and standardisation inspection functions related to accreditation and monitoring, as provided in the Annexes.

Article 8

Cooperation in Enforcement Activities

The Parties agree, subject to applicable laws and regulations, to provide through their Technical Agents or Aviation Authorities as appropriate mutual cooperation and assistance in any investigation or enforcement proceedings of any alleged or suspected violation of any laws or regulations under the scope of this Agreement. In addition, each Party shall notify the other promptly of any investigation when mutual interests are involved.

Article 9

Exchange of Safety Data

The Parties agree, subject to applicable laws and regulations,

A. To provide each other, on request, and in a timely manner, information available to their Technical Agents related to accidents or incidents involving civil aeronautical products or regulated entities, and

B. To exchange other safety information in accordance with procedures developed by the Technical Agents.

Article 10

Applicable Requirements, Procedures, and Guidance Material

The Parties agree to notify each other of all applicable requirements, procedures and guidance material with respect to matters covered by this Agreement.

Article 11

Protection of Proprietary Data and Requests for Information

A. The Parties recognise that information related to this Agreement submitted by a regulated entity or a Party may contain intellectual property, trade secrets, confidential business information, proprietary data, or other data held in confidence by that regulated entity or another person (restricted information). Unless required by law, neither Party shall copy, release, or show information identified as restricted to anyone other than an employee of that Party without prior written consent of the person or entity possessing confidentiality interests in the restricted information.

B. To the extent the European Community shares restricted information with any Aviation Authority or with any entity entrusted with the investigation of accidents and incidents in civil aviation, the European Community shall treat such restricted information as sensitive documents and ensure that such Aviation Authority or entity does not copy, release or share such information with anyone other than an employee of such Aviation Authority or entity, without prior written consent of the person or legal entity possessing confidentiality interests in the restricted information.

C. Requests from the public for information referred to in paragraph A of this Article, including access to documents, shall be addressed in accordance with the applicable laws and regulations that apply to the Party receiving such requests. A Technical Agent receiving a request for such information supplied by the other Party or its regulated entities shall consult with the other Party’s Technical Agent prior to releasing such information. The Technical Agents shall provide assistance to each other in responding to these requests as necessary.

Article 12

Applicability

Unless otherwise provided in the Annexes to this Agreement, this Agreement shall apply, on the one hand, to the United States civil aviation regulatory system as applied in the territory of the United States of America, and on the other hand, to the European Community civil aviation regulatory system as applied in the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty (and any successor instrument).

Article 13

Unimpeded Access

For purposes of surveillance and inspections, each Party’s Technical Agent and Aviation Authorities shall assist the other Party’s Technical Agent with the objective of gaining unimpeded access to regulated entities subject to its jurisdiction.

Article 14

Fees

Each Party shall endeavour to ensure that fees imposed by their Technical Agents on applicants and regulated entities for certification and approval related services under this Agreement are just, reasonable and commensurate with the services.

Article 15

Preservation of Regulatory Authority

Nothing in this Agreement shall be construed to limit the authority of a Party to:

A. Determine, through its legislative, regulatory and administrative measures, the level of protection it considers appropriate for civil aviation safety and environmental testing and approvals; and

B. Take all appropriate and immediate measures necessary to eliminate or minimise any derogation of safety. If either Party takes such action affecting activities within the scope of this Agreement, it shall inform the other Party where appropriate through a Technical Agent or an Aviation Authority as soon as practicable, but no later than 15 days after such action is taken.

C. Make changes to its regulations, procedures or standards and apply them to its regulated entities. If any such changes could affect implementation of this Agreement, either Party, or its Technical Agent, may request consultations under Article 17, with a view to amending this agreement. Regardless of the results of such consultations, nothing in this Agreement shall prevent the Party concerned from making the change and applying it to its regulated entities.

Article 16

Other Agreements

A. Except as otherwise specified in the Annexes to this Agreement, rights and obligations contained in any agreement concluded by either Party with a third party shall have neither force nor effect upon the other Party under this Agreement.

B. In light of and upon entry into force of this Agreement, the United States of America shall take necessary measures, and the European Community shall ensure pursuant to the Treaty establishing the European Community that the Member States of the European Union take necessary measures to amend or terminate, as appropriate, the bilateral agreements listed in Attachment 1 between the United States and individual Member States of the European Union.

C. Unless otherwise provided in the Annexes, findings of compliance and approvals valid at the date of entry into force of this Agreement and previously accepted by the United States or a Member State of the European Union under one of the bilateral aviation safety agreements or bilateral airworthiness agreements listed in Attachment 1 shall be considered valid by the Parties to this Agreement under the terms as accepted under the listed agreements, until the approvals are replaced or cancelled.

Article 17

Consultations and Settlement of Disputes

A. Either Party may request consultations with the other Party on any matter related to this Agreement. The other Party shall reply promptly to such a request and shall enter into consultations at a time agreed by the Parties within 45 days.

B. The Parties’ Technical Agents shall attempt to resolve any disagreement between them regarding their cooperation under this Agreement by consultation in accordance with provisions contained in the Annexes to this Agreement.

C. In the event that the Technical Agents are unable to resolve disputes as provided for in paragraph B, either Technical Agent may refer the dispute to the Board, which shall consult on the matter.

Article 18

Suspension of Acceptance of Findings

A. Should consultations under Article 17 not resolve the disagreement that relates to findings of compliance and approvals, either Party may notify the other Party of its intention to suspend the acceptance of findings of compliance and approvals over which there is disagreement. Such notification shall be in writing and detail the reasons for suspension.

B. Such suspension shall take effect 30 days after the date of the notification, unless, prior to the end of this period, the Party which initiated the suspension notifies the other Party in writing that it withdraws its notification. Such suspension shall not affect the validity of findings of compliance, certificates and approvals made by the Party’s Technical Agents or Aviation Authority in question prior to the date the suspension took effect. Any such suspension that has become effective may be rescinded immediately upon an exchange of written correspondence to that effect by the Parties.

Article 19

Entry into Force, Amendments, and Termination

A. This Agreement, including its Annexes, shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for entry into force of this Agreement.

B. This Agreement may be amended in writing by mutual consent of the Parties. Such amendments shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for entry into force of this Agreement or any amendments thereto. Amendments of the Annexes may be effected by a decision of the Board.

C. Any individual Annex developed by the Board after the date of entry into force of this Agreement shall enter into force upon a decision of the Board.

D. This Agreement shall remain in force until terminated by either Party. Such termination shall be effected by 60 days’ written notification from one Party to the other Party. Such termination shall also act to terminate any amendments of this Agreement and all Annexes to this Agreement. Such termination shall not affect the validity of any certificates and other approvals granted by the Parties under the terms of this Agreement, including its Annexes.

E. Individual Annexes to the Agreement may be terminated by either Party. Termination of any individual Annex shall be effective 60 days following the date of receipt of notice of termination from one Party to the other Party, unless said notice of termination has been withdrawn. In case of termination of one or more Annexes, the remaining Annexes remain in effect. However, the Parties shall consult on preserving the remainder of the Agreement. Failing consensus to do so, this Agreement may be terminated by either Party. Termination shall be effective 60 days from the date of written notification to that effect from one Party to the other.

F. Following notice of termination of this Agreement in its entirety or of any Annexes thereto, the Parties shall continue to meet their obligations under this Agreement or of any Annexes thereto until the effective date of termination.

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

Done at Brussels this 30th day of June, 2008, in two originals, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish and Swedish languages. In case of divergences of interpretation between the different language texts, the English text shall prevail.

За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

За Cъeдинeнитe aмepикaнcки щaти

Por los Estados Unidos de América

Za Spojené státy americké

For Amerikas Forenede Stater

Für die Vereinigten Staaten von Amerika

Ameerika Ühendriikide nimel

Για τις Ηνωμένες Πολιτείες της Αμερικής

For the United States of America

Pour les États-Unis d'Amérique

Per gli Stati Uniti d'America

Amerikas Savienoto Valstu vārdā

Jungtinių Amerikos Valstijų vardu

az Amerikai Egyesült Államok részéről

Għall-Istati Uniti tal-Amerika

Voor de Verenigde Staten van Amerika

W imieniu Stanów Zjednoczonych Ameryki

Pelos Estados Unidos da América

Pentru Statele Unite ale Americii

Za Spojené štáty americké

Za Združene države Amerike

Amerikan yhdysvaltojen puolesta

På Amerikas förenta staters vägnar

Attachment 1







Country Bilateral Austria Agreement for Promotion of Aviation Safety; signed at Vienna 14 January 1997 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft; effected by exchange of notes at Washington 30 April 1959 Belgium Agreement concerning the reciprocal acceptance of airworthiness certifications; effected by exchange of notes at Brussels 12 February and 14 May 1973 Czech Republic Operating Procedures between the Federal Aviation Administration (FAA) and the Civil Aviation Inspectorate (CAI) of the Czech Republic for Design Approval, Airworthiness Certification, Continued Airworthiness, and Mutual Cooperation and Technical Assistance Under the Agreement between the United States and Czechoslovakia, signed 29 January 1996 Agreement between the United States and Czechoslovakia concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft; effected by exchange of notes at Prague 1 and 21 October 1970 Denmark Agreement for Promotion of Aviation Safety; signed at Copenhagen 6 November 1998 Agreement concerning the reciprocal acceptance of airworthiness certifications; effected by exchange of notes at Washington 6 January 1982 Finland Agreement for Promotion of Air Safety, signed at Helsinki 2 November 2000 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported civil glider aircraft and civil aircraft appliances; effected by exchange of notes at Washington 7 March 1974 France Agreement for Promotion of Aviation Safety, signed at Paris 14 May 1996 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities Under the Agreement for Promotion of Aviation Safety between the Government of the United States of America and the Government of the French Republic, signed 24 August 2001 Maintenance Implementation Procedures Under the Agreement for Promotion of Aviation Safety between the Government of the United States of America and the Government of the French Republic, signed 14 May 1996 Germany Agreement for Promotion of Aviation Safety, signed at Milwaukee 23 May 1996 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of the Federal Republic of Germany for Promotion of Aviation Safety, Revision 1, signed 3 June 2002 Maintenance Implementation Procedures under the Agreement between the Government of the United States of America and the Government of the Federal Republic of Germany for Promotion of Aviation Safety, signed 6 June 1997 Ireland Agreement for Promotion of Aviation Safety, signed at Dublin 5 February 1997 Maintenance Implementation Procedures under the Agreement for the Promotion of Aviation Safety between the Government of the United States of America and the Government of Ireland, signed 5 February 1999 20 April 1999 Italy Agreement for Promotion of Aviation Safety, signed at Rome 27 October 1999 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of Italy for Promotion of Aviation Safety, signed 4 June 2002 Netherlands Agreement for Promotion of Aviation Safety, signed at The Hague 13 September 1995 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of the Netherlands for Promotion of Aviation Safety, signed 3 June 2002 Poland Agreement concerning the reciprocal acceptance of airworthiness for imported civil aeronautical products, as amended; effected by exchange of notes at Washington 8 November 1976 Romania Agreement for Promotion of Aviation Safety, signed at Bucharest 10 September 2002 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported civil glider aircraft; effected by exchange of notes at Washington 7 December 1976 (Note: The United States requested termination of this agreement in February 2007. U.S. notification and a Romanian response will constitute termination.) Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of Romania for Promotion of Aviation Safety, signed 24 September 2002 Spain Agreement for Promotion of Aviation Safety, signed at Washington 23 September 1999 Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft, as amended; effected by exchange of notes at Madrid 23 September 1957 Sweden Agreement for Promotion of Aviation Safety signed at Stockholm 9 February 1998 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of Sweden for Promotion of Aviation Safety, signed 3 June 2002 UK Agreement for Promotion of Aviation Safety, signed at London 20 December 1995 Implementation Procedures for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Promotion of Aviation Safety, signed 23 May 2002 Simulator Implementation Procedures under the Agreement for the Promotion of Aviation Safety dated December 20th, 1995, between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, Revision 1, signed 6 October 2005

ANNEX 1

AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION

1. SCOPE

1.1. This Annex covers 1) the reciprocal acceptance of findings of compliance, approvals, and documentation, and 2) technical assistance regarding: (a) airworthiness and continued airworthiness of civil aeronautical products (hereinafter referred to as ‘products’); and (b) noise, fuel venting, and exhaust emissions.

1.2. As provided for in Article 4 of the Agreement, the Parties shall reciprocally accept each other’s findings made under the systems of the Technical Agents or Aviation Authorities, subject to the provisions of this Annex and where applicable, the technical implementation procedures concluded by the Technical Agents.

2. JOINT COORDINATION BODY

2.1. Composition

2.1.1. A joint technical coordination body called the Certification Oversight Board, accountable to the Bilateral Oversight Board, is hereby established under the joint leadership of the Technical Agents. It shall include representatives from each Technical Agent responsible for airworthiness and environmental certification, quality management systems and rulemaking.

2.1.2. The joint leadership may invite additional participants to facilitate the fulfilment of the mandate of this Certification Oversight Board.

2.2. Mandate

2.2.1. The Certification Oversight Board shall meet at regular intervals to ensure the effective functioning and implementation of this Annex. Its functions shall include in particular:

(a) developing, approving, and revising the technical implementation procedures;

(b) sharing information on major safety issues and developing action plans to address them;

(c) ensuring the consistent application of this Annex;

(d) resolving technical issues falling within the responsibilities of the Technical Agents and examining other technical issues that cannot be solved at a lower level;

(e) developing effective means for cooperation, assistance and exchange of information regarding safety and environmental standards, certification systems, and quality management and standardisation systems;

(f) administering the list of Aviation Authorities identified in Appendix of this Annex according to the decisions taken by the Bilateral Oversight Board;

(g) proposing amendments regarding this Annex to the Bilateral Oversight Board.

2.2.2. The Certification Oversight Board shall report unresolved issues to the Bilateral Oversight Board and ensure the implementation of decisions reached by the Bilateral Oversight Board regarding this Annex.

3. IMPLEMENTATION

3.1. General

3.1.1. The Technical Agents shall develop technical implementation procedures for the implementation of this Annex that further address the differences between the Parties’ airworthiness and environmental certification systems.

3.1.2. Each Technical Agent and, if applicable, Aviation Authority, shall support the other’s Party’s Technical Agent’s and, if applicable, Aviation Authority’s, requests for access to data under the regulatory control of the other Technical Agent and, if applicable, Aviation Authority, in order to carry out the activities of this Annex.

3.2. Design Approvals

3.2.1. The U.S. Technical Agent shall carry out the State of Design functions applicable to the United States under Annex 8 of the Convention on International Civil Aviation done at Chicago on 7 December 1944 (the Chicago Convention) for regulated entities over which it has jurisdiction.

3.2.2. The EC Technical Agent shall carry out on behalf of the EU Member States the State of Design functions applicable to them under Annex 8 of the Chicago Convention for regulated entities over which it has jurisdiction.

3.2.3. To benefit from reciprocal acceptance under this Agreement:

(a) EASA shall act as the certificating authority and accept certification applications only from applicants located within the territory of the European Community for the initial approval of their design, design changes and repair data; and

(b) FAA shall act as the certificating authority and accept certification applications only from applicants located within the United States for the initial approval of their designs, design changes and repair data.

3.2.4. Each Technical Agent shall use a validation process to approve:

(a) the design of aircraft, aircraft engines, propellers and appliances;

(b) supplemental type certificates;

(c) certain major changes to type design, as defined in the technical implementation procedures; and

(d) acoustical and emission changes,

that have been, or are in the process of being, approved by the other Party’s Technical Agent in carrying out the State of Design’s functions. The validation process, as defined in the technical implementation procedures, shall be based to the maximum extent practicable on the technical evaluations, tests, inspections, and compliance certifications made by the other Technical Agent. The airworthiness certification basis developed during the validation process of an aircraft, aircraft engine, or propeller shall use the applicable airworthiness standards or codes in effect on the date of application to the Technical Agent carrying out the State of Design functions. The environmental certification basis shall be developed based on the application dates prescribed in the technical implementation procedures.

3.2.5. The Technical Agents shall ensure that information related to operational requirements that impact design is made available to each other during the validation process. The Aviation Authorities shall make such information available to EASA.

3.2.6. The Technical Agents may also use a joint certification process, where appropriate. Joint certification is an alternative form of validation when mutually agreed by the applicant and both Technical Agents, as defined in the technical implementation procedures. Joint certification is particularly appropriate when components of a new product are designed by a regulated entity located within the territory of the other Party. Under joint certification, compliance demonstration and findings are expected to be made locally by the other Party’s Technical Agent.

3.2.7. Because the Parties’ regulatory systems for parts, repair design data, and design changes other than those covered by 3.2.4, are considered sufficiently comparable such that a separate approval by the importing Party’s Technical Agent or Aviation Authority is not required, the importing Technical Agent shall accept a part, repair design data or design change when it has already been approved or otherwise accepted by the other Party’s Technical Agent in carrying out the State of Design functions for the part, repair design data, or design change. The technical implementation procedures shall identify when a separate approval by the importing Technical Agent is necessary.

3.2.8. Certifying statements related to design approvals, including information on noise and emission levels, shall be defined in the technical implementation procedures.

3.2.9. In the event that a design approval holder transfers its approval to another entity, the Technical Agent responsible for the design approval shall promptly notify the other Technical Agent of the transfer. The Technical Agents shall define procedures to facilitate the transfer of certificates between the Parties’ regulated entities in the technical implementation procedures.

3.2.10. EASA shall accept the U.S. certification procedures as an acceptable alternative to the European Community’s requirements for demonstrating the capability of an applicant.

3.3. Continued Airworthiness

3.3.1. The Technical Agents are committed to take action to address unsafe conditions in products that they have certificated. The Technical Agents shall exchange information on failures, malfunctions and defects received from its approval holders to support the other Technical Agent’s investigation of service difficulties or other potential safety issues. The exchange of this information between the Technical Agents shall be considered to fulfil the obligation of each approval holder to report failures, malfunctions, and defects to the other Party’s Technical Agent under that other Party’s applicable law. Actions to address unsafe conditions and exchange of safety information shall be defined in the technical implementation procedures.

3.3.2. Unless otherwise notified by either Party’s Technical Agent:

(a) the FAA shall carry out the continued airworthiness State of Design functions applicable to the United States under Annex 8 of the Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life cycle of the product;

(b) EASA shall carry out on behalf of the EU Member States the continued airworthiness State of Design functions applicable to them under Annex 8 of the Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life cycle of the product.

3.3.3. The FAA shall exercise the State of Manufacture functions applicable to the United States under Annex 8 to the Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life cycle of the product over which it has jurisdiction. The Aviation Authorities and, where applicable, EASA shall exercise the State of Manufacture functions applicable to the EU Member States under Annex 8 to the Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life cycle of the product over which it has jurisdiction. Actions to address unsafe conditions shall be defined in the technical implementation procedures.

3.3.4. Any changes to the ownership or airworthiness status of a certificate issued by either Party’s Technical Agent shall be timely communicated to the other Technical Agent.

3.4. Production

3.4.1. The Technical Agents and, where applicable, the Aviation Authorities, grant production approvals, based upon an acceptable production quality/inspection system, to a manufacturer under their own regulatory system when that manufacturer is involved in the export of aircraft, aircraft engines, propellers, appliances, or parts to the other Party. Such production approvals shall ensure that all aircraft, aircraft engines, propellers, appliances and parts conform to the approved design of the importing Party, have undergone an operational check if applicable, and are in a condition for safe operation at the time of export.

3.4.2. Because the Parties’ regulatory systems for production are considered sufficiently comparable, the importing Technical Agent or Aviation Authority shall not issue its own production approval for those manufacturers regulated by the exporting Party.

3.4.3. Each Technical Agent and, where applicable, Aviation Authorities, shall recognise the other Technical Agent’s or Aviation Authorities’ production approvals including:

(a) production approvals granted or extended for the manufacture of aircraft, aircraft engines, propellers, appliances or parts within their territories; and for the manufacture of aircraft, aircraft engines, propellers or parts outside their territories; and

(b) production approvals granted for the manufacture of aircraft, aircraft engines, propellers, or parts, based upon a manufacturer’s licensing agreement or appropriate arrangement with a design approval holder in the other Party’s territory or a third country. When a licensing agreement for the production of an aircraft, aircraft engine, or propeller separates the State of Design and State of Manufacture responsibilities between the two Parties, the FAA and EASA, or an Aviation Authority if appropriate, shall enter into a working arrangement.

3.4.4. Each Party’s Technical Agent and, if applicable, Aviation Authorities, shall fulfil their respective regulatory obligations to oversee manufacturers, and suppliers approved under the manufacturer’s quality system, located within the other’s Party’s territory by relying on the other Party’s surveillance system when all the following conditions are met:

(a) the Technical Agent or Aviation Authority responsible for oversight of the production approval holder officially requests surveillance assistance;

(b) the manufacturing facility additionally has been granted a production approval of similar scope, issued by either the Technical Agent or Aviation Authority of the territory in which the facility is located;

(c) the other Party’s Technical Agent or Aviation Authority is willing and able to undertake such activities as its resources permit; and

(d) the Technical Agents or Aviation Authority shall document, as appropriate, the details of any agreed surveillance assistance.

3.4.5. For parts manufactured under the regulatory system of one Party at a facility located in the other Party’s territory, the Technical Agents and Aviation Authorities shall accept Authorised Release Certificates or other documents, as agreed, in lieu of their own documentation under the following conditions:

(a) the manufacturing facility has been granted a production approval of similar scope, issued by either a Technical Agent or an Aviation Authority listed in Appendix, having regulatory authority over this manufacturing facility; and, where applicable;

(b) for delivery to an end user, the applicable approval holder has granted written permission to its supplier when allowed under the regulatory system of the approval holder.

3.4.6. For products manufactured under a licensing agreement, the Technical Agents shall establish procedures to ensure that all changes introduced into the design by the licensee are approved, through the design approval holder, by the Technical Agent carrying out the responsibilities of the State of Design for the product.

3.5. Export Airworthiness Certification

3.5.1. Each Party’s Technical Agent or, where applicable, the Aviation Authorities, shall reciprocally accept the other Party’s certifications of airworthiness for all products when a product is exported from one Party’s regulatory jurisdiction to the other Party’s regulatory jurisdiction with the appropriate airworthiness certification. The Technical Agents and, where applicable, the Aviation Authorities or appropriately approved organisations, shall issue the following airworthiness documentation with each export:

(a) an Export Certificate of Airworthiness for a new or used aircraft, as defined in the technical implementation procedures;

(b) either an Export Certificate of Airworthiness or an Authorised Release Certificate for a new aircraft engine or propeller;

(c) an Authorised Release Certificate for a new part or appliance.

3.5.2. For new products, the Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall certify, by the issuance of a specific airworthiness export document, that an aircraft, aircraft engine, propeller, part or appliance:

(a) conforms to a design approved by the importing Technical Agent and specified in the type certificate data sheet or other design approval, including any additional supplemental type certificates;

(b) is in a condition for safe operation, including compliance with any Airworthiness Directives (if applicable) or Safety Information Notice as notified by the importing Technical Agent, and any mandatory safety actions (if applicable) concerning production or maintenance as notified by the relevant importing Aviation Authority;

(c) has undergone a final operational check, if applicable;

(d) is appropriately marked or identified in accordance with the requirements of the importing Technical Agent;

(e) meets all additional requirements prescribed and notified by the importing Technical Agent; and

(f) for a rebuilt aircraft engine, that the engine has been rebuilt by the engine’s manufacturer.

3.5.3. The Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall also accept a used civil aircraft for either standard or special/restricted airworthiness certification only if a type certificate or European restricted type certificate holder exists to support continued airworthiness of the aircraft and when the other Party’s Technical Agent or Aviation Authority certifies that the aircraft:

(a) has been properly maintained during its service life (as evidenced by appropriate maintenance records); and

(b) meets the requirements of paragraph 3.5.2(a) through (e).

The inspection and maintenance records to accompany a used aircraft are detailed in the technical implementation procedures.

3.5.4. All airworthiness documentation shall contain appropriate certifying statements, as specified in the technical implementation procedures.

3.5.5. If, in the process of making an airworthiness certification, the exporting Technical Agent or Aviation Authority is unable to satisfy all of the requirements specified in paragraph 3.5.2 (a)-(f) or 3.5.3, the exporting Technical Agent or Aviation Authority shall:

(a) immediately notify the importing Technical Agent or Aviation Authority of this fact;

(b) coordinate, with the importing Technical Agent or Aviation Authority as specified in the technical implementation procedures, their acceptance or rejection of the exceptions to the requirements prior to completing the airworthiness certification; and

(c) document any accepted exceptions when exporting the product.

3.5.6. In addition to the products listed in Appendix to this Annex, the FAA shall continue to accept products that were included in the scope of a bilateral agreement related to airworthiness listed in Attachment 1 of the Agreement that conform to an FAA-approved design provided that they were manufactured and issued an appropriate airworthiness certification prior to the date of entry into force of this Agreement.

3.5.7. The European Community shall not require the specific marking European Parts Approval (EPA) for parts imported from the United States except where EASA is acting as the State of Design.

4. ACCEPTANCE OF FINDINGS AND APPROVALS

4.1. Qualification Requirements for the Acceptance of Findings and Approvals

4.1.1. The Technical Agents and, where applicable, the Aviation Authorities, shall establish a certification and oversight system for the various activities included in the scope of this Annex. This system shall be documented and include the organisational structure, staff qualifications, and internal policies and procedures used to perform those activities.

4.1.2. Each Technical Agent and, where applicable, the Aviation Authorities, shall demonstrate sufficient knowledge of each other’s system in terms of airworthiness and environmental requirements, associated policy and guidance material, procedures and organisational structure.

4.1.3. Each Technical Agent and, where applicable, the Aviation Authorities, shall ensure that staff are appropriately qualified and have sufficient knowledge, experience, and training to perform their responsibilities under this Agreement.

4.1.4. These systems shall be subject to internal quality audits, accreditation or standardisation inspections. The technical implementation procedures shall define the Technical Agents’ periodic participation in each other’s internal quality audits, accreditation or standardisation inspections, including the inspections of Aviation Authorities described in paragraph 4.2.3, in order to maintain mutual confidence in each other’s systems. The Technical Agents and the Aviation Authorities shall submit to such inspections and ensure that regulated entities provide access to both Technical Agents.

4.2. Qualifications of the Technical Agents and Aviation Authorities

4.2.1. Subject to any conditions defined in the technical implementation procedures, the Technical Agents are deemed to meet the requirements specified in paragraphs 4.1.1 to 4.1.3, following a confidence building process. For airworthiness certification, the confidence building process has been completed as evidenced by the inclusion of this Annex to the Agreement. For environmental certification, the confidence building process is defined in the technical implementation procedures.

4.2.2. The Aviation Authorities that meet the requirements in paragraphs 4.1.1 to 4.1.3 for production and airworthiness certification functions are listed in Appendix to this Annex, with their scope of activity.

4.2.3. If following a standardisation inspection by EASA, the European Community determines that other Aviation Authorities meet the requirements specified in paragraphs 4.1.1 to 4.1.3, the Technical Agents shall follow the process outlined in Section 1 of the technical implementation procedures. Following completion of the process, if they deem it appropriate, the Technical Agents shall then propose to the Bilateral Oversight Board any amendments to Appendix, including changes in scope of an Aviation Authority’s activities.

4.2.4. If one Technical Agent believes that the other Technical Agent’s or any of the Aviation Authorities’ technical competency is no longer adequate, the Technical Agents shall consult and propose an action plan, including any confidence building activities, in order to address deficiencies. Similarly, if either Technical Agent believes that the acceptance of findings or approvals made by an Aviation Authority should be suspended, the Technical Agents shall consult. If confidence is not restored through mutually acceptable means, either Technical Agent may refer the matter to the Bilateral Oversight Board. If the problem is not solved through mutually acceptable means, either Party may notify the other Party according to Article 18.A of the Agreement.

4.2.5. Similarly, the Technical Agents shall consult whenever either Technical Agent proposes to consider the reinstatement of an Aviation Authority that has previously been removed from Appendix by the Bilateral Oversight Board or whose findings or approvals have been suspended.

5. COMMUNICATIONS

All communications between the Technical Agents and, where applicable, the Aviation Authorities, including documentation, shall be in the English language. The Technical Agents may agree to exceptions for certification compliance data on a case-by-case basis.

6. TECHNICAL CONSULTATIONS

The Technical Agents agree to resolve issues associated with implementation of this Annex through consultation. The Technical Agents shall make every effort to resolve issues at the lowest possible technical level using the process outlined in the technical implementation procedures before elevating the issue to the Bilateral Oversight Board.

7. TECHNICAL ASSISTANCE

7.1. Upon request and after mutual agreement, each Party’s Technical Agent or, where applicable, an Aviation Authority, shall provide technical assistance to the other Party’s Technical Agent or, where applicable, an Aviation Authority, in certification and continued airworthiness oversight activities related to design, production, airworthiness, and environmental certification within each other’s territory. The process for conducting such assistance is described in the technical implementation procedures.

7.2. The Technical Agents or the Aviation Authorities may decline to provide such technical assistance due to lack of resource availability, because the product is not within the scope of this Agreement or there is no regulatory involvement with the facility.

7.3. When technical assistance is provided, the Technical Agent or, where applicable, the Aviation Authority, providing the assistance shall apply their respective Party’s regulatory system and procedures, unless otherwise agreed by the Technical Agents or, where applicable, the Aviation Authority. Technical assistance including conformity inspection, test witnessing, and compliance determinations may be conducted by approved/delegated organisations. In cases where a European Community approved organisation does not have these privileges within its production authorisation, Aviation Authorities may provide such assistance directly or by extending to the organisation such privileges. In cases where a European Community approved organisation does not have such privileges within its design authorisation, EASA may provide the technical assistance directly or by extending to the organisation such privileges.

7.4. Technical assistance may also be requested related to the import of used aircraft that were originally exported from the United States or the European Community. Each Party’s Technical Agent or, where applicable, the Aviation Authorities, shall assist the other Party’s Technical Agent or Aviation Authority, as applicable, in obtaining information regarding the configuration of the aircraft at the time it left the manufacturer.

8. NOTIFICATION OF INVESTIGATION OR ENFORCEMENT ACTION

Each Party’s Technical Agents and, where applicable, the Aviation Authorities shall notify the other Party’s Technical Agent and, where applicable, the Aviation Authorities, promptly of their own investigation or enforcement action that may involve 1) a product or regulated entity for airworthiness or environmental certification or 2) an action of a Technical Agent or Aviation Authority that appears not to comply with this Annex. The Technical Agents and, where applicable, the Aviation Authorities, shall cooperate in sharing information needed for any such investigation or enforcement action including its closure.

Appendix

AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION

EASA, AVIATION AUTHORITY, AND U.S. PRODUCTS, ASSOCIATED EXPORT DOCUMENTATION, AND TECHNICAL ASSISTANCE ACTIVITY ACCEPTED UNDER THIS AGREEMENT







European Community Technical Agent Products, export documentation, and technical assistance activities EASA Products and Associated Export Documentation Accepted for Import into the U.S. — New aircraft conforming to an FAA-approved design, manufactured under an EASA — issued Production Organisation Approval (POA) (paragraph 3.4.3), and accompanied by an EASA Form 27. — New engines and propellers conforming to an FAA-approved design that are manufactured under an EASA-issued POA accompanied by an EASA Form 1, Authorised Release Certificate. — The following new parts manufactured under an EASA-issued POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Design data (compliance statements) and test witnessing. — Production surveillance and oversight conducted as technical assistance. — Conformity inspection.







Aviation Authority in Listed EU Member State Products, export documentation, and technical assistance activities Austria Products and Associated Export Documentation Accepted for Import into the U.S. — New small airplanes, VLA, and sailplanes and powered sailplanes, conforming to an FAA-approved design, manufactured under an Austrian POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or an Austrian Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or an Austrian Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Austria, and specified on the Austrian Export Certificate of Airworthiness or EASA Form 27. — New engines and propellers conforming to an FAA-approved design, manufactured under an Austrian POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — New appliances conforming to an FAA-approved design, manufactured under an Austrian POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under an Austrian POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Belgium Products and Associated Export Documentation Accepted for Import into the U.S. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Belgian Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Belgium, and specified on the Belgium Export Certificate of Airworthiness or EASA Form 27. — New appliances conforming to an FAA-approved design, manufactured under a Belgian POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — New manned balloons conforming to an FAA-approved design, manufactured under Subpart F of EASA Part 21 or Belgian POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Belgian Export Certificate of Airworthiness issued before September 28, 2008. — The following new parts manufactured under a Belgian POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Czech Republic Products and Associated Export Documentation Accepted for Import into the U.S. — New small airplanes, VLA, and sailplanes conforming to an FAA-approved design, manufactured under a Czech Republic POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Czech Export Certificate of Airworthiness issued before September 28, 2008. — New manned balloons conforming to an FAA-approved design, manufactured under a Czech Republic POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Czech Export Certificate of Airworthiness issued before September 28, 2008. — New airships conforming to an FAA-approved design, manufactured under a Czech Republic POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Czech Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Czech Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of the Czech Republic, and specified on the Czech Export Certificate of Airworthiness or EASA Form 27. — New engines and propellers conforming to an FAA-approved design, manufactured under a Czech Republic POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — New appliances conforming to an FAA-approved design, manufactured under a Czech Republic POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Czech Republic POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Denmark Products and Associated Export Documentation Accepted for Import into the U.S. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Danish Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Denmark, and specified on the Danish Export Certificate of Airworthiness or EASA Form 27. — New appliances conforming to an FAA-approved design, manufactured under a Danish POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Danish POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Finland Products and Associated Export Documentation Accepted for Import into the U.S. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Finnish Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Finland, and specified on the Finnish Export Certificate of Airworthiness or EASA Form 27. — New appliances conforming to an FAA-approved design, manufactured under a Finnish POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Finnish POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. France Products and Associated Export Documentation Accepted for Import into the U.S. — New airplanes, helicopters, VLA, and sailplanes, conforming to an FAA-approved design, manufactured under a French POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a French Export Certificate of Airworthiness issued before September 28, 2008. — New manned balloons conforming to an FAA-approved design, manufactured under Subpart F of EASA Part 21 or French POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a French Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a French Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of France, and specified on the French Export Certificate of Airworthiness or EASA Form 27. — New engines and propellers conforming to an FAA-approved design, manufactured under a French POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — New appliances conforming to an FAA-approved design, manufactured under a French POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a French POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Acceptance of French Documentation on Parts Produced in France under a U.S. Production Approval — EASA Form 1, Authorised Release Certificate, shall be accepted on parts produced under the quality system of a U.S. Production Approval Holder (PAH), at a PAH’s supplier located in France, when that supplier also holds a French POA for the same part. Germany Products and Associated Export Documentation Accepted for Import into the U.S. — New airplanes, helicopters, VLA, sailplanes and motorised sailplanes, conforming to an FAA-approved design, manufactured under a German POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a German Export Certificate of Airworthiness issued before September 28, 2008. — New manned balloons conforming to an FAA-approved design, manufactured under a German POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a German Export Certificate of Airworthiness issued before September 28, 2008. — New airships conforming to an FAA-approved design, manufactured under a German POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a German Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a German Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Germany, and specified on the German Export Certificate of Airworthiness or EASA Form 27. — New engines and propellers conforming to an FAA-approved design, manufactured under a German POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — New appliances conforming to an FAA-approved design, manufactured under a German POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a German POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Acceptance of German Documentation on Parts Produced in Germany under a U.S. Production Approval — EASA Form 1, Authorised Release Certificate, shall be accepted on parts produced under the quality system of a U.S. Production Approval Holder (PAH), at a PAH’s supplier located in Germany, when that supplier also holds a German POA for the same part. Italy Products and Associated Export Documentation Accepted for Import into the U.S. — New airplanes, helicopters, and VLA, conforming to an FAA-approved design, manufactured under an Italian POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or an Italian Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or an Italian Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Italy, and specified on the Italian Export Certificate of Airworthiness or EASA Form 27. — New appliances conforming to an FAA-approved design, manufactured under an Italian POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under an Italian POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Acceptance of Italian Documentation on Parts Produced in Italy under a U.S. Production Approval — EASA Form 1, Authorised Release Certificate, shall be accepted on parts produced under the quality system of a U.S. Production Approval Holder (PAH), at a PAH’s supplier located in Italy, when that supplier also holds a Italian POA for the same part. Lithuania Products and Associated Export Documentation Accepted for Import into the U.S. — New sailplanes and powered sailplanes conforming to an FAA-approved design manufactured under a Lithuanian POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Lithuanian Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145, or Part M when implemented, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Lithuanian Export Certificate of Airworthiness issued before September 28, 2008. — New propellers conforming to an FAA-approved design, manufactured under a Lithuanian POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Lithuanian POA that conform to FAA-approved design data and are eligible for installation in a product which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts for the products listed above. Luxembourg Products and Associated Export Documentation Accepted for Import into the U.S. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145, or Part M when implemented, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Luxembourgian Export Certificate of Airworthiness issued before September 28, 2008. — The following new parts manufactured under a Luxembourgian POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Netherlands Products and Associated Export Documentation Accepted for Import into the U.S. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Dutch Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of the Netherlands, and specified on the Dutch Export Certificate of Airworthiness or EASA Form 27. — New appliances conforming to an FAA-approved design, manufactured under a Dutch POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Dutch POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Poland Products and Associated Export Documentation Accepted for Import into the U.S. — New airplanes, helicopters, VLA, and sailplanes, conforming to an FAA-approved design, manufactured under a Polish POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Polish Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Polish Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Poland, and specified on the Polish Export Certificate of Airworthiness or EASA Form 27. — New engines and propellers conforming to an FAA-approved design, manufactured under a Polish POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — New appliances conforming to an FAA-approved design, manufactured under a Polish POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Polish POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts for the Polish products listed above; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Portugal Products and Associated Export Documentation Accepted for Import into the U.S. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145, or Part M when implemented, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Portuguese Export Certificate of Airworthiness issued before September 28, 2008. — The following new parts manufactured under a Portuguese POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Romania Products and Associated Export Documentation Accepted for Import into the U.S. — New sailplanes, powered sailplanes, and VLA conforming to an FAA-approved design, manufactured under a Romanian POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Romanian Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Romanian Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Romania, and specified on the Romanian Export Certificate of Airworthiness or EASA Form 27. — The following new parts manufactured under a Romanian POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. (Slovakia) Products and Associated Export Documentation Accepted for Import into the U.S. — (The following new parts manufactured under a Slovakian POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture).) Spain Products and Associated Export Documentation Accepted for Import into the U.S. — New airplanes and VLA conforming to an FAA-approved design, manufactured under a Spanish POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Spanish Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Spanish Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Spain, and specified on the Spanish Export Certificate of Airworthiness or EASA Form 27. — New manned balloons conforming to an FAA-approved design, manufactured under a Spanish POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Spanish Export Certificate of Airworthiness issued before September 28, 2008. — New appliances conforming to an FAA-approved design, manufactured under a Spanish POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Spanish POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Sweden Products and Associated Export Documentation Accepted for Import into the U.S. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a Swedish Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of Sweden, and specified on the Swedish Export Certificate of Airworthiness or EASA Form 27. — New appliances conforming to an FAA-approved design, manufactured under a Swedish POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a Swedish POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. United Kingdom Products and Associated Export Documentation Accepted for Import into the U.S. — New small airplanes and VLA conforming to an FAA-approved design, manufactured under a U.K. POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a U.K. Export Certificate of Airworthiness issued before September 28, 2008. — New airships conforming to an FAA-approved design, manufactured under a U.K. POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a U.K. Export Certificate of Airworthiness issued before September 28, 2008. — New manned balloons conforming to an FAA-approved design, manufactured under a U.K. POA, and accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a U.K. Export Certificate of Airworthiness issued before September 28, 2008. — Used aircraft conforming to an FAA-approved design, maintained in accordance with EASA Part 145 or Part M, as applicable, when accompanied by an EASA Form 27, Export Certificate of Airworthiness, or a U.K. Export Certificate of Airworthiness issued before September 28, 2008. If relevant provisions of Part M are not yet implemented, the applicable maintenance requirements will be those of the U.K., and specified on the U.K. Export Certificate of Airworthiness or EASA Form 27. — New engines and propellers conforming to an FAA-approved design, manufactured under a U.K. POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — New appliances conforming to an FAA-approved design, manufactured under a U.K. POA, and accompanied by an EASA Form 1, Authorised Release Certificate, or a JAA Form One issued before September 28, 2005. — The following new parts manufactured under a U.K. POA that conform to FAA-approved design data and are eligible for installation in a product or appliance which has been granted an FAA design approval (accompanied by an EASA Form 1, or a JAA Form One issued before September 28, 2005): — — Replacement parts regardless of the State of Design for the product and/or appliance; — Modification parts for design changes where EASA acts as the State of Design for the design change for an EU applicant. When these modification parts are associated with an EASA STC, the STC must be within the scope of the technical implementation procedures; — Modification parts for any product where the U.S. is the State of Design for the design change and the parts are produced under licensing agreement to the U.S. design approval holder (split State of Design and State of Manufacture). Technical Assistance Activities Performed on Behalf of FAA — Production surveillance and oversight conducted as technical assistance. — Conformity inspection. Acceptance of U.K. Documentation on Parts Produced in the U.K. under a U.S. Production Approval — EASA Form 1, Authorised Release Certificate, shall be accepted on parts produced under the quality system of a U.S. Production Approval Holder, at a PAH’s supplier located in the U.K., when that supplier also holds a U.K. POA for the same part.







United States Technical Agent Products, export documentation, and technical assistance activities FAA Products and Associated Export Documentation Accepted for Import into the EU — New aircraft conforming to an EASA-approved design, manufactured under a U.S. production approval, and accompanied by an FAA Form 8130-4, Export Certificate of Airworthiness. — New manned balloons conforming to an EASA-approved design, manufactured under a U.S. production approval, and accompanied by an FAA Form 8130-4, Export Certificate of Airworthiness. — New airships conforming to an EASA-approved design, manufactured under a U.S. production approval, and accompanied by an FAA Form 8130-4, Export Certificate of Airworthiness. — Used aircraft conforming to an EASA-approved design, maintained under FAA’s authorised system (i.e. 14 CFR parts 43, 65, 121, 125, 135, 145 or 129.14) when accompanied by an FAA Form 8130-4, Export Certificate of Airworthiness. — New and rebuilt engines, and propellers conforming to an EASA-approved design, manufactured under a U.S. production approval, and accompanied by an FAA Form 8130-4, Export Certificate of Airworthiness. — New appliances conforming to an EASA-approved design, manufactured under a U.S. production approval and accompanied by an FAA Form 8130-3, Authorised Release Certificate. — The following new parts manufactured under a U.S. production approval that conform to EASA-approved design data and are eligible for installation in a product or appliance which has been granted an EASA design approval (accompanied by an FAA Form 8130-3, Authorised Release Certificate): — — Replacement parts for the product and/or appliance including parts produced under licensing agreement to an EASA design approval holder. — Modification parts for design changes where FAA is the State of Design for the design change or the parts are produced under licensing agreement to an EASA design approval holder. — PMA replacement and modification parts as defined in the technical implementation procedures when accompanied by an FAA Form 8130-3 with appropriate certifying statements. Technical Assistance Activities Performed on Behalf of EASA — Design data (compliance statements) and test witnessing. — Production surveillance and oversight conducted as technical assistance. — Conformity inspection.

ANNEX 2

MAINTENANCE

1. PURPOSE & SCOPE

The Parties have assessed each other’s standards and systems relating to the approval of repair stations/maintenance organisations that perform maintenance on civil aeronautical products. Consistent with Article 4.A. of the Agreement, this Annex covers the reciprocal acceptance of findings of compliance, approvals, documentation, and technical assistance regarding approvals and monitoring of repair stations/maintenance organisations as detailed in appendices hereto. Nothing in this Annex shall be construed to limit the authority of a Party to act in accordance with Article 15 of the Agreement.

2. DEFINITIONS

2.1. ‘Overhaul’ means a process that ensures the aeronautical article is in complete conformity with the applicable service tolerances specified in the type certificate holder’s, or equipment manufacturer’s instructions for continued airworthiness, or in the data which is approved or accepted by the Authority. No person may describe an article as being overhauled unless it has been at least disassembled, cleaned, inspected, repaired as necessary, reassembled and tested in accordance with the above-specified data.

2.2. ‘Alteration or modification’ means a change to the construction, configuration, performance, environmental characteristics, or operating limitations of the affected civil aeronautical product.

2.3. ‘Data approved by the FAA’ means data approved by the FAA Administrator or the Administrator’s designated representative, including EC design data reciprocally accepted under Annex 1.

2.4. ‘Data approved by EASA’ means data approved by the EC Technical Agent or by an organisation approved by that Technical Agent, including US design data reciprocally accepted under Annex 1.

2.5. ‘Special Conditions’ means those requirements in either Title 14 of the United States Code of Federal Regulations, parts 43 and 145 (hereinafter referred to as 14 CFR part 43 or 145 as applicable) or in Commission Regulation (EC) No 2042/2003 Annex II (hereinafter referred to as EASA Part-145) that have been found, based on a comparison of the regulatory maintenance systems, not to be common to both systems and which are significant enough that they must be addressed.

3. JOINT COORDINATION BODY

3.1. Composition

3.1.1. A Joint Maintenance Coordination Board (JMCB), accountable to the Bilateral Oversight Board, is hereby established under the joint leadership of the EASA Director responsible for Organisation Approvals and the FAA Director of Flight Standards. It shall include, from each Technical Agent, the appropriate representatives responsible for maintenance and quality management systems and rulemaking as appropriate.

3.1.2. The joint leadership may invite additional participants to facilitate the fulfilment of the mandate of the JMCB.

3.2. Mandate

3.2.1. The JMCB shall meet at least once a year to ensure the effective functioning and implementation of this Annex. Its functions shall include:

(a) developing, approving, and revising detailed guidance to be used for processes covered by this Annex;

(b) sharing information on major safety issues and developing action plans to address them;

(c) ensuring the consistent application of this Annex;

(d) resolving technical issues falling within the responsibilities of the Technical Agents and examining other technical issues that cannot be solved at lower level;

(e) developing, approving, and revising the detailed guidance to be used for transition, cooperation, assistance, exchange of information, and participation in each other’s internal quality audits, standardisation, and sampling inspections related to maintenance and quality management and standardisation systems;

(f) maintaining the li