AGREEMENT

on civil aviation safety between the European union and Japan

The EUROPEAN UNION and JAPAN (hereinafter referred to as "the Parties"),

RECOGNISING the continuous trend toward multinational design, production and distribution of civil aeronautical products;

DESIRING to promote civil aviation safety and environmental compatibility and to facilitate the free flow of civil aeronautical products;

DESIRING to enhance cooperation and increase efficiency in matters related to civil aviation safety;

CONSIDERING that their cooperation can positively contribute to encouraging greater international harmonisation of standards and processes related to civil aviation safety and environmental compatibility;

CONSIDERING the possible reduction of the economic burden imposed on the aviation industry by removing duplication in technical inspections, evaluations, and testing;

RECOGNISING that any reciprocal acceptance of findings of compliance and certificates must be based on the mutual confidence of the Parties that their regulatory systems for civil aviation safety ensure a sufficiently equivalent level of safety;

RECOGNISING that any such reciprocal acceptance also requires continued confidence by each Party in the reliability of the other Party's processes for findings of compliance in all areas covered by this Agreement;

RECOGNISING the desire of the Parties for cooperation in civil aviation safety and environmental compatibility based on continuous communication and mutual confidence;

RECOGNISING the respective commitments of the Parties under bilateral, regional and multilateral agreements dealing with civil aviation safety and environmental compatibility,

HAVE AGREED AS FOLLOWS:

Article 1 Objectives The objectives of this Agreement are to: (a) enable the reciprocal acceptance, as provided in the Annexes to this Agreement, of findings of compliance made and certificates issued by either Party's competent authorities or approved organisations; (b) promote cooperation toward a high level of civil aviation safety and environmental compatibility; (c) facilitate the multinational dimension of the civil aviation industry; and (d) facilitate and promote the free flow of civil aeronautical products and services.

Article 2 Definitions For the purposes of this Agreement: (a) "approved organisation" means any legal person certified by the competent authority of either Party to exercise privileges related to the scope of this Agreement; (b) "certificate" means any approval, licence or other document issued as a form of recognition of compliance that a civil aeronautical product, an organisation or a legal or natural person complies with the applicable requirements set out in laws and regulations of a Party; (c) "civil aeronautical product" means any civil aircraft, aircraft engine, or aircraft propeller; or sub-assembly, appliance, part or component, installed or to be installed thereon; (d) "competent authority" means a government agency or a government entity responsible for civil aviation safety that is designated by a Party for the purposes of this Agreement to perform the following functions: (i) to assess the compliance of civil aeronautical products, organisations, facilities, operations and services subject to its oversight with applicable requirements set out in laws, regulations and administrative provisions of that Party; (ii) to conduct monitoring of their continued compliance with those requirements; and (iii) to take enforcement actions to ensure their compliance with those requirements; (e) "findings of compliance" means a determination of compliance with the applicable requirements set out in laws and regulations of a Party as the result of actions such as testing, inspections, qualifications, approvals and monitoring; (f) "monitoring" means the regular surveillance by a competent authority of a Party to determine continuing compliance with the applicable requirements set out in laws and regulations of that Party; and (g) "technical agent" means, for the European Union, the European Union Aviation Safety Agency (hereinafter referred to as "EASA"), or its successor, and for Japan, the Civil Aviation Bureau of the Ministry of Land, Infrastructure, Transport and Tourism (hereinafter referred to as "JCAB"), or its successor. Notwithstanding that EASA and JCAB are competent authorities within the meaning of subparagraph (d) of this Article, they are referred to in this Agreement and its Annexes as "technical agent", where applicable.

Article 3 Scope and implementation 1. The scope of cooperation under this Agreement may include the following areas: (a) the airworthiness certificates and monitoring of civil aeronautical products; (b) environmental certificates and testing of civil aeronautical products; (c) the design and production certificates and monitoring of design and production organisations; (d) the maintenance organisation certificates and monitoring of maintenance organisations; (e) personnel licensing and training; (f) flight simulator qualification evaluation; (g) operation of aircraft; and (h) other areas related to aviation safety subject to Annexes to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944. 2. For the implementation of each area of cooperation set out in paragraph 1 of this Article, the Parties shall develop an individual Annex describing the terms, conditions and methods for reciprocal acceptance of findings of compliance and certificates, and, if necessary, transitional arrangements, when they agree that their respective civil aviation standards, rules, practices, procedures and systems ensure a sufficiently equivalent level of safety to permit acceptance of findings of compliance made and certificates issued by their competent authorities or approved organisations. Implementation procedures for an individual Annex shall be developed by the technical agents. Technical differences between the Parties' civil aviation standards, rules, practices, procedures and systems shall be addressed in the Annexes and implementation procedures.

Article 4 General obligations 1. Each Party shall accept findings of compliance made and certificates issued by the other Party's competent authorities or approved organisations, in accordance with the terms and conditions set out in the Annexes to this Agreement. 2. The Parties may also accept approvals, licences or other documents issued by a third country as a form of recognition of compliance that a civil aeronautical product, an organisation, or a legal or natural person complies with the applicable requirements set out in laws and regulations of that third country. The terms and conditions for such acceptance shall be specified in the appropriate Annexes. 3. Nothing in this Agreement shall entail reciprocal acceptance of the standards or technical regulations of the Parties. 4. Each Party shall ensure that its respective competent authorities remain capable and fulfil their responsibilities under this Agreement.

Article 5 Preservation of regulatory authority and safeguard measures 1. 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 safety and the environment; (b) take all appropriate and immediate measures whenever there is a reasonable risk that a civil aeronautical product, a service or any activity within the scope of this Agreement, may: (i) compromise safety or the environment; (ii) not comply with the applicable legislative, regulatory, or administrative measures of that Party; or (iii) otherwise fail to satisfy a requirement set out in the applicable Annex to this Agreement. 2. Where either Party takes measures pursuant to subparagraph 1(b) of this Article, it shall inform the other Party in writing within 15 working days of taking such measures, providing reasons for it. 3. Measures taken under this Article shall not constitute an infringement of this Agreement.

Article 6 Communication 1. The Parties shall designate and notify each other of a contact point for the communication related to the implementation of this Agreement. All such communications shall be in the English language. 2. Upon entry into force of this Agreement, the Parties shall notify each other a list of the competent authorities, and thereafter, an updated list each time this becomes necessary.

Article 7 Transparency, regulatory cooperation and mutual assistance 1. Each Party shall ensure that the other Party is kept informed of its laws and regulations related to this Agreement and their significant changes. 2. The Parties shall to the extent possible inform each other of their proposed significant revisions of their relevant laws, regulations, standards, and requirements, and of their systems for issuing certificates insofar as these revisions may have an impact on this Agreement. To the extent possible, they shall offer each other an opportunity to comment on such revisions and give due consideration to such comments. 3. For the purpose of investigating and resolving safety issues, each Party's competent authorities may allow the other Party's competent authorities to participate as observers in each other's oversight activities as specified in the appropriate Annex. 4. For the purpose of monitoring and inspections, each Party's competent authorities shall assist, if necessary, the other Party's competent authorities with the objective of providing unimpeded access to regulated entities subject to its oversight. 5. To ensure the continued confidence by each Party in the reliability of the other Party's processes for findings of compliance, each technical agent may participate as an observer in the other's oversight activities, in accordance with procedures defined in the Annexes to this Agreement.

Article 8 Exchange of safety information The Parties shall, without prejudice to the provisions of Article 10 and subject to their applicable legislation: (a) provide each other, on request and in a timely manner, information available to their technical agents related to accidents, serious incidents or occurrences in relation to civil aeronautical products, services or activities covered by the Annexes to this Agreement; and (b) exchange other safety information as the technical agents may decide.

Article 9 Cooperation in enforcement activities The Parties shall, through their technical agents or competent authorities, provide when requested, subject to applicable laws and regulations, as well as the availability of required resources, mutual cooperation and assistance in investigations or enforcement activities regarding any alleged or suspected violation of any laws or regulations falling within the scope of this Agreement. In addition, each Party shall notify the other Party promptly of any investigation when mutual interests are involved.

Article 10 Confidentiality and protection of data and information 1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of data and information received from the other Party under this Agreement. Such data and information may only be used by the Party receiving the data and information for the purposes of this Agreement. 2. In particular, subject to their respective laws and regulations, the Parties shall neither disclose to a third party, including the public, nor permit their competent authorities to disclose to a third party, including the public, any data and information received from the other Party under this Agreement that constitute trade secrets, intellectual property, confidential commercial or financial information, proprietary data, or information that relates to an ongoing investigation. To this end, such data and information shall be considered as confidential. 3. A Party or a competent authority of a Party may, when providing data or information to the other Party or a competent authority of the other Party, designate data or information that it considers to be confidential and not to be subject to disclosure. In that case, the Party or its competent authority shall clearly mark such data or information as confidential. 4. If a Party disagrees with the designation made by the other Party or a competent authority of that Party in accordance with paragraph 3 of this Article, the former Party may request consultations with the other Party pursuant to the provisions of Article 16 to address the issue. 5. Each Party shall take all reasonable precautions necessary to protect data and information, received under this Agreement, from unauthorised disclosure. 6. The Party receiving data and information from the other Party under this Agreement shall not acquire any proprietary rights in such data and information by reason of its receipt from the other Party.

Article 11 Joint Committee of the Parties 1. A Joint Committee shall be established, composed of representatives from each Party, as a body responsible for the effective implementation of this Agreement. It shall take decisions and make recommendations by consensus. It shall meet at regular intervals on the request of either Party under the co-chairmanship of the Parties. 2. The Joint Committee may consider any matter related to the implementation of this Agreement. In particular it shall be responsible for: (a) resolving any issue between the Parties related to the implementation of this Agreement; (b) considering ways to enhance the implementation of this Agreement and making as appropriate recommendations to the Parties for the amendment of this Agreement pursuant to Article 20; (c) adopting new Annexes, or amending or deleting existing Annexes, subject to paragraph 7 of Article 20; and (d) taking decisions, as appropriate, on working procedures on cooperation for all areas of cooperation referred to in Article 3. 3. The Joint Committee shall endeavour to develop and adopt its rules of procedure within one year after the entry into force of this Agreement.

Article 12 Cost recovery Each Party shall endeavour to ensure that any fees or charges imposed by a Party or its technical agent on a legal or natural person whose activities are covered by this Agreement shall be just, reasonable and commensurate with the services provided and shall not create a barrier to trade.

Article 13 Other agreements and prior arrangements 1. Upon entry into force, this Agreement shall supersede any bilateral aviation safety agreements or arrangements between the Member States of the European Union and Japan with respect to any matter covered by this Agreement that has been implemented in accordance with the provisions of Article 3. 2. During the period of provisional application pursuant to paragraph 2 of Article 20, any bilateral aviation safety agreements or arrangements between the Member States of the European Union and Japan shall be suspended with respect to any matter covered by this Agreement that has been implemented in accordance with the provisions of Article 3. 3. The technical agents shall take necessary measures to revise or terminate, as appropriate, prior arrangements between them. 4. Subject to paragraphs 1 and 2 of this Article, nothing in this Agreement shall affect the rights and obligations of the Parties under any other international agreements.

Article 14 Application Except where otherwise specified in the Annexes to this Agreement, this Agreement shall apply, on the one hand, to the civil aviation regulatory system of the European Union and, on the other hand, to the civil aviation regulatory system of Japan.

Article 15 Participation of third countries The Parties share the goal of maximising the benefits of this Agreement by possible participation of third countries in the cooperation under this Agreement. To this end the Joint Committee, established pursuant to Article 11, may consider, as appropriate, the conditions and procedures for such participation, which may include any necessary amendments to this Agreement.

Article 16 Consultations and settlement of disagreements 1. The Parties shall make every effort to resolve any disagreement between them regarding the interpretation or application of this Agreement by consultation between them, including through the meetings of the Joint Committee established pursuant to Article 11. 2. The technical agents shall make every effort to resolve any disagreement between them regarding the interpretation or application of the implementation procedures referred to in paragraph 2 of Article 3 by consultation between them. In the event that any such disagreement is not resolved by consultation between the technical agents either technical agent may refer the disagreement to the Parties, which shall consult on the matter, including through the meetings of the Joint Committee. 3. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, either Party may request consultations with the other Party on any matter related to this Agreement. The Parties shall enter into consultations at a time agreed by them within 45 days of the request. These consultations may take place at the meetings of the Joint Committee.

Article 17 Suspension of reciprocal acceptance obligations 1. A Party shall have the right to suspend, in whole or in part, its acceptance obligations under paragraph 1 of Article 4, when the other Party materially violates its obligations under this Agreement. 2. Before exercising its right to suspend its acceptance obligations, a Party shall request consultations under Article 16 for the purpose of seeking corrective measures of the other Party. During the consultations, the Parties shall, where appropriate, consider the effects of the suspension. 3. Rights under this Article shall be exercised only if the other Party fails to take corrective measures within an appropriate period of time following the consultations. If a Party exercises the right, it shall notify the other Party of its intention to suspend the acceptance obligations in writing and detail the reasons for suspension. 4. 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. 5. Such suspension shall not affect the validity of findings of compliance made and certificates issued by the competent authorities or approved organisations of the other Party prior to the date the suspension took effect. Any such suspension that has become effective may be rescinded immediately upon an exchange of diplomatic notes to that effect by the Parties.

Article 18 Headings The headings of the Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.

Article 19 Annexes Annexes to this Agreement shall form an integral part of this Agreement, and all references to the "Agreement" shall include references to the Annexes except where otherwise provided.

Article 20 Entry into force, provisional application, termination and amendment 1. This Agreement shall enter into force on the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective internal procedures necessary for entry into force of this Agreement. 2. Pending its entry into force, this Agreement shall be applied provisionally from its signature, in accordance with the laws and regulations of the Parties. 3. A Party may terminate this Agreement at any time upon six months written notification to the other Party, unless the said notification has been withdrawn by mutual consent of the Parties before the expiry of this period. 4. Following the notification of termination of this Agreement, the Parties shall continue to perform their obligations under this Agreement, until the effective date of termination. 5. Termination of this Agreement shall not affect the validity of any certificates issued by the competent authorities or the approved organisations under the terms of this Agreement. 6. The Parties may by written agreement amend this Agreement. Such amendment 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 internal procedures necessary for the entry into force of the amendment. 7. Notwithstanding paragraph 6, adoptions of new Annexes, or amendments or deletions of existing Annexes shall enter into force on the date of receipt by the European Union of the written notification from the Government of Japan of the completion of its necessary internal procedures.