CORRIGENDUM#Proposal for a Council Decision on the signature of an Agreement between the European Community and Canada on civil aviation safety
Date: 2009-10-22
Institutions: European Commission
Subjects: Canada, agreement (EU), air safety, air transport, civil aviation, goods and services, harmonisation of standards, signature of an agreement, technical regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.10.2009 
COM(2008) 615 final/3 

2009/0156 (CNS) 

CORRIGENDUM  
Concerns all linguistic versions of document COM(2008)615 final of 3 October 2008. 
The last citation of the legal base and an inter-institutional code have been added to the 
Council Decision on the conclusion of an Agreement 

Proposal for a 

COUNCIL DECISION 

on the signature of an Agreement between the European Community and Canada on 
civil aviation safety 

Proposal for a 

COUNCIL DECISION 

on the conclusion of an Agreement between the European Community and Canada on 
civil aviation safety 

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1. 

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5. 

EXPLANATORY MEMORANDUM 

INTRODUCTION 

The Commission requested on 25 February 2004 the authorisation from the Council 
to  conduct  negotiations  with  Canada  on  the  reciprocal  acceptance  of  certification 
findings in the field of civil aviation safety and environmental compatibility. 

The  Council  granted  that  authorisation  on  21  April  2004  and  instructed  the 
Commission to  carry out these negotiations in  accordance with a set of  negotiating 
directives and appointed a special committee to assist it in this task. 

The  authorisation  granted  to  the  Commission  envisaged  an  agreement  on  the 
reciprocal acceptance of findings focusing mainly on two aspects: 

(a) 

(b) 

products  designed,  manufactured,  modified,  or  repaired  under  the  regulatory 
control of one party to be easily issued the necessary approvals to be registered 
or operated under the regulatory control of the other party; 

aircraft  registered  or  operated  under  the  regulatory  control  of  one  party  to  be 
maintained by organisations under the regulatory control of the other party. 

The primary objectives of the negotiating directives were to facilitate trade in goods 
and services covered by the agreement, to limit as much as possible the duplication 
of assessments, tests and controls to significant regulatory differences and to rely on 
the certification system of either party to check conformity with the requirements of 
the other party.  

In order to achieve these objectives the negotiating directives identified the following 
means: 

–  to  approximate  progressively  the  requirements  and  regulatory  processes  of  both 

parties; 

–  to  maintain  confidence  in  the  certification  systems  of  both  parties  building  on 
experience  gained  from  the  cooperation  between  Canada  and  the  Joint  Aviation 
Authorities  (JAA)  so  as  to  permit  all  Member  States’  competent  authorities  to 
execute  on  behalf  of  the  Canadian  competent  authority,  Transport  Canada 
(TCCA), the tasks they have to execute for the implementation of the Regulation 
(EC)  N°  216/2008  which  has  replaced  the  common  rules  on  aviation  safety 
whereby  the  European  Aviation  Safety  Agency  was  created  –  regulation  No 
1592/2002; 

–  to allow any party to be satisfied that bodies involved in the regulatory process of 
the other party, are able to conduct in a satisfactory way conformity assessments 
and regulatory oversight as necessary to issue its own approvals; 

–  to enhance cooperation by providing for regular consultations between the parties 
to ensure that the agreement operates satisfactorily in particular by introducing the 
appropriate co-operation mechanisms to verify on a reciprocal basis the continued 

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fitness and ability of the regulatory bodies involved in the implementation of the 
agreement; 

–  to set up a system of continual monitoring of the functioning of the agreement and 
in  particular  of  its  annexes,  which  are  integral  part  thereof,  and  to  allow  for  the 
agreement  to  be  efficiently  managed  by  a  joint  committee  composed  of 
representatives  of  both  parties,  entrusted  to  find  and  propose  solutions  timely  to 
any problem raising from the implementation of the agreement. 

THE PROCESS OF NEGOTIATIONS 

Negotiations with Canada have focused on how to enable the mutual acceptance of 
approvals  certifying  the  airworthiness  of  aircraft,  components  and  appliances  fitted 
thereon  as  well  as  approvals  to  certify  organisations  involved  in  their  design, 
production  and  maintenance.  These  approvals  would  be  issued  by  either  party  in 
application  of  certain  procedures  on  airworthiness  and  maintenance.  During  the 
negotiations  the  two  sides  decided  to  set  out  the  details  of  these  procedures  in 
separate Annexes to the Agreement. 

The  text  of  the  agreement  and  its  annexes  were  initialled  by  the  Commission  and 
Transport  Canada  in  Brussels  on  25  April  2007.  As  the  Canadian  side  was  at  that 
moment  in  the  process  of  re-organising  its  internal  audit  procedures  and  oversight 
control  system,  the  Commission  and  EASA  requested  that  the  Canadian  side 
demonstrates 
the 
effectiveness  of  the  new  process  in  particular  in  the  area  of  maintenance  and 
oversight  of  maintenance  organisations  before  the  two  sides  proceed  to  finalising 
their internal procedures towards signature of the agreement. 

through  confidence  building  dialogue 

the  Community 

to 

Within the frame of confidence building several meetings took place between EASA 
and  TCCA  for  the  preparation  of  the  guidance  material  in  the  area  of  maintenance 
and the related technical evaluation activities between the two technical agents. The 
Community  and  Canada  had  already  gained  experience  and  built  confidence  in  the 
Canadian system through a smooth and effective cooperation in the framework of the 
JAA  based  on  a  working  arrangement.  Hence,  there  was  a  need  to  understand  and 
evaluate  to  what  extent  the  changes  envisaged  by  transport  Canada  would  have  an 
impact on its actual safety management system and the application of the agreement 
and more precisely in the maintenance of confidence between the two sides.  

2. 

6. 

7. 

8. 

9. 

The  changes  in  the  internal  audit  procedures  and  oversight  control  system  of 
Transport Canada would be put in place in two stages: 

–  The  first  phase  consisted  of  an  analysis  of  the  safety  situation  of  undertakings 
under the regulatory control of Transport Canada based on risk assessment and of 
the  capacity  needs  of  the  authority  to  ensure  correct  implementation  and 
enforcement  of  its  regulatory  requirements  without  affecting  the  established 
oversight procedures. 

–  The second phase would be used to introduce changes where appropriate based on 
the experience and the results of risk assessment carried out during the first phase.  

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Given that the envisaged changes could have potentially an impact on maintenance 
and  the  exercise  of  oversight  by  the  Canadian  authorities  on  maintenance 
organisations located in Canada, several presentations of the new approach of TCCA 
towards  the  oversight  of  undertakings  (based  on  risk  evaluation  and  safety 
management systems) were made to EASA, in Cologne on 23 and 24 April 2007 and 
in  Prague  on  6  June  2007.  These  presentations  showed  that  the  changes  during  the 
first phase were leading to net positive results as they allowed the authority to better 
prioritise the allocation of its resources having assessed the risks of the undertakings 
under  its  regulatory  control  and  hence  to  intervene  in  a  targeted  manner.  These 
presentations  were  followed  by  a  visit  (17  to  22  September  2007)  to  Ottawa  of  an 
EASA Standardisation Team. During this visit, besides various clarifications on the 
exercise  of  oversight  given  by  TCCA,  EASA  conducted  an  inspection  (MIST, 
maintenance international standardisation) to illustrate the new TCCA approach. To 
the  extent  that  the  periodicity  of  continued  airworthiness  and  maintenance 
inspections  remained  unchanged  during  the  first  phase  the  visit  confirmed  the 
positive results of the changes in the Canadian system. 

The  first  phase  is  still  ongoing.  During  various  meetings  between  EASA  and 
Transport  Canada,  the  Agency  was  able  to  indicate  its  global  satisfaction  that  the 
system implemented by TCCA Canada provided an equivalent level of safety to the 
Community one. In order to be able to anticipate and better manage any modulation 
of the inspections to maintenance organisations, which may be introduced during the 
second  phase,  EASA  and  TCCA  will  be  using  the  joint  sectorial  committee  on 
maintenance established  by the  agreement  to ensure that confidence in each  others' 
oversight system is maintained at all times. 

THE LEGAL BASIS OF THE AGREEMENT 

According to the case law of the Court of Justice, the removal of technical barriers to 
trade in goods falls within the scope of the common commercial policy as defined in 
Article 133(1) EC and thus under the exclusive competence of the Community1. 

Moreover,  with  the  entry  into  force  in  September  2002  of  Regulation  (EC)  N° 
1592/2002 on common rules in the field of civil aviation and the establishment of a 
European  Aviation  Safety  Agency  (EASA)  as  replaced  by  Regulation  (EC)  N° 
216/20082 the Community has achieved internal harmonisation in the fields covered 
by  that  regulation,  i.e.:  initial  and  continued  airworthiness  (including  maintenance) 
and environmental compatibility of aeronautical products. This Regulation has been 
supplemented  by  a  set  of  Implementing  measures  (Commission  Regulation  N° 
1702/2003 and N° 2042/2003) setting out the requirements and the procedures to be 
followed by applicants, certificate holders and authorities to ensure that the essential 
requirements and objectives of the Basic Regulation are respected at all times. The 

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Opinion  1/94,  WTO,  [1994]  ECR  I-5267,  paragraph  33  Consistent  with  this  case  law,  Mutual 
Recognition agreements for products are generally concluded on the basis of Article 133 EC. See e.g. 
Council  Decision  1999/78/EC,  of  22  June  1998  on  the  conclusion  of  an  Agreement  on  Mutual 
Recognition between the European Community and the United States of America, OJ L 31 of 4.2.1999. 
Regulation (EC) N° 216/2008 of 20 February 2008 on common rules in the field of civil aviation and 
the establishment of a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, 
Regulation (EC) N° 1592/2002 and Directive 2004/36/EC, OJ L79, 19.3.2008, p.1 

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14. 

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proposed  Agreement  affects  this  Community  legislation  within  the  meaning  of  the 
ERTA case law. 

The Commission, therefore, considers that the Community has exclusive competence 
to conclude the agreement on the basis of Articles 133(4) and 80(2) EC. 

STRUCTURE OF THE AGREEMENT 

The  negotiated  Agreement  reflects  by  and  large  the  structure  of  a  "classical" 
agreement in the area of aviation safety, a "BASA" as are called the existing Bilateral 
Aviation Safety Agreements between Member States and Canada. As in the case of 
the BASAs, the agreement is based on mutual trust of each other’s system and on the 
comparison  of  regulatory  differences.  Hence,  it  entails  obligations  and  methods  to 
cooperate  between exporting and importing  authority so that the latter can issue its 
own certificate on the aeronautical product, part or appliance without duplicating all 
the  assessments  done  by  the  exporting  authority  as  well  as  dispute  resolution 
procedures for amending the agreement.  

The  means  how  to  do  so,  i.e.  how  to  cooperate  and  mutually  accept  each  other's 
certification  findings  in  the  area  of  airworthiness  and  maintenance  (methods,  scope 
in  terms  of  products  or  services,  regulatory  differences  called  also  in  their  jargon 
"special conditions") are set out in the Annexes to the Agreement.  

(for  maintenance 

implementation  procedures)  and 

The draft agreement differs from existing BASAs between Member States and third 
countries including Canada. In the case of existing BASAs what is presented in the 
Annexes is usually put in separate arrangements at civil aviation authority level not 
having  the  binding  nature  of  a  treaty.  Usually  these  arrangements  are  called  the 
"MIP" 
(for 
Implementing Procedures for Airworthiness). Entry in force of BASA provisions can 
happen in practice only after an IPA and/or a MIP has been signed, since these are 
the  texts  that  define  how  to  achieve  the  objectives  set  out  in  the  BASA.  From  the 
outset of negotiations the two sides agreed that the specific procedures enabling the 
two sides to mutually accept certification findings in the two areas – certification of 
design and production and maintenance organisation approvals – would be set out in 
the  annexes  which  would  be  equally  binding  on  both  sides  and  would  become 
integral parts of the Agreement. 

the  "IPA" 

The  draft  agreement  gives  the  possibility  to  the  Parties  to  consider  ways  to  further 
enhance  the  functioning  of  the  agreement  and  make  recommendations  for 
modifications  including  addition  of  new  annexes  to  the  agreement  via  the  Joint 
Committee.  It  leaves  to  the  Parties  the  freedom  of  choice  of  ways  to  modify  the 
agreement and its annexes according to the same amendment procedure that finishes 
with the latest notification by one Party to the other that its domestic procedures for 
entry into force of an agreed amendment have been completed. In particular where 
the subject of modification  are  amendments to  existing annexes  or addition  of  new 
ones,  the  Parties  can  agree  to  modify  the  agreement  by  simple  exchange  of 
Diplomatic Notes between the Parties. 

19. 

Furthermore, the draft agreement constitutes a net benefit for the Community given 
that  it  will  establish  mutual  acceptance  of  certification  findings  in  all  areas  of 
airworthiness  for  all  Member  States.  It  should  be  noted  that  currently,  only  6 

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Member  States  have  a  bilateral  agreement  with  Canada  covering  product 
certification.  To  date,  Transport  Canada  has  also  accepted  findings  of  European 
administrations, especially when done under the auspices of the JAA, to issue their 
own approvals.  Reciprocally, the JAA has  audited the Canadian system and agreed 
on “outsourcing contracts” with the Canadian administration detailing the processes 
to be followed to allow the JAA to recommend the acceptance of its findings by JAA 
member  authorities.  The  same  approach  prevails  for  the  approvals  of  maintenance 
organisations  where  only  6  formal  agreements  exist.  In  this  area  too,  an 
“outsourcing”  arrangement  has  been  concluded  between  transport  Canada  and  the 
JAA  allowing  the  acceptance  by  its  member  authorities  of  Canadian  repair  stations 
(maintenance  organisations)  under  the  oversight  of  the  Canadian  administration. 
There  are  currently  no  arrangements  covering  the  environmental  certification  of 
aeronautical products. 

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THE CONTENT OF THE AGREEMENT 

5.1. 

Clear rights and obligations for both Parties 

20. 

21. 

22. 

The Agreement does not propose to go beyond what is permissible in the applicable 
law  of  either  party.  The  applicable  law  for  the  European  Community  is  Regulation 
(EC)  N°  216/2008  which  replaced  Regulation  (EC)  N°  1592/2002  and  its 
implementing measures including any modification thereof.  

The  Community  system  is  fully  reflected  in  the  draft  text  setting  out  clearly 
separation  of  tasks  with  regard  to  certification  of  aeronautical  products  and 
components  and  organisations  involved  in  the  design  and  manufacture  of  such 
products and components. 

With  regard  to  maintenance,  based  on  good  experience  in  the  bilateral  relations 
between Canada and the JAA, the Canadian side proposed to go beyond the remit of 
article 12(1) of Regulation (EC) N° 216/2008 which foresees as the equivalent article 
9(1)  of  Regulation  (EC)  N°  1592/2002  previously,  that  in  the  framework  of  an 
international  agreement  certificates  may  be  issued  by  EASA  or  Member  States' 
authorities on the basis of certificates issued by third country authorities. Indeed, the 
Canadian  authorities  proposed  to  issue  approvals  on  behalf  of  EASA  maintenance 
organisations  located  in  Canada  carrying  out  maintenance  on  aircraft  and  parts 
designed  in  the  EC,  without  the  need  for  the  Agency  to  issue  its  own 
certificates/approvals  on  the  basis  of  certificates/approvals  issued  by  Transport 
Canada.  This  proposal  showed  the  willingness  of  the  Canadian  side  to  achieve  full 
mutual recognition in the area of maintenance. 

23. 

The Commission considers that the provisions of article 12(1) of Regulation (EC) N° 
216/2008  is  not  an  obstacle  for  the  Community  to  conclude  an  international 
agreement whereby certificates issued by the competent authority of the third country 
are automatically valid in the Community. 

With  this  in  mind  the  agreement  provides  in  the  area  of  maintenance  for  the 
following: 

–  The parties agree that, for the purposes of the Maintenance Procedure, compliance 
with the applicable legislation relating to maintenance of one party and with the 

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regulatory requirements specified in its Appendix B1 amounts to compliance with 
the applicable legislation of the other Party. 

–  The  parties  agree  that,  for  the  purposes  of  the  Maintenance  Procedure,  each 
Party’s  Competent  Authorities  certification  practices  and  procedures  provide  for 
an equivalent proof of compliance with the requirements referred to above. 

–  The  parties  agree  that,  for  the  purposes  of  the  Maintenance  Procedure,  the 
respective  standards  of  the  Parties  pertaining  to  licensing  of  maintenance 
personnel are considered to be equivalent. 

5.2. 

Clear means to achieve the objectives of the mandate 

24. 

25. 

26. 

The draft stipulates that each party shall accept findings of compliance as results of 
specified  procedures  of  the  other  party  when  these  are  made  according  to  the 
provisions of the annexes – Article 3(1) 

The  draft  recognises  the  right  of  either  party’s  regulatory  authority  to  issue 
certificates attesting conformity with the system of the other party on behalf of that 
other party – Article 3(1). 

The draft agreement ensures that confidence is maintained in each other through the 
appropriate  mechanism  –  it  provides  for  a  system  of  continual  cooperation  and 
consultation that is put in place by means of enhanced cooperation in the framework 
of  audits,  inspections,  timely  notifications  and  consultations  on  all  matters  falling 
within its scope – Article 8 on mutual cooperation, assistance and transparency. 

5.3. 

Regular consultations and rapid dispute resolution 

27. 

28. 

The  draft  agreement  is  designed  to  work  smoothly  on  a  daily  basis  so  as  to  solve 
technical issues arising from its implementation as quickly as possible. To that end a 
Joint  Committee  of  the  Parties  is  created,  as  well  as  sub-committees  –  the  Joint 
Sectorial  Committee  on  Certification  and  the  Joint  Sectorial  Committee  on 
Maintenance  –  reporting  to  the  Joint  Committee  of  the  Parties  and  monitoring  the 
application of the Annexes. The Joint Committee as well as the sub-committees have 
both consultation and mediation functions, so as to ensure the smooth functioning of 
the agreement by providing a forum for resolving differences between the parties – 
Article  9  (Joint  Committee)  as  well  as  point  2.2  in  Annex  1  regarding certification 
and point 4.2 in Annex 2 regarding maintenance. 

The  Joint  Committee  is  entrusted  with  discussing  and  recommending  to  the  Parties 
any  amendments  to  the  agreement  and  its  annexes  and  with  developing  working 
procedures on regulatory cooperation and transparency for all activities which are not 
developed by the sub-committees. In this way, discussions in the areas which are not 
covered  by  the  two  annexes  but  are  covered  by  Community  law  (e.g.  aircraft 
operations, licences or synthetic training devices) can be discussed in a constructive 
manner so as to pave the way for any future modification of the agreement. 

29. 

Consultations  can  be  requested  at  any  time  -  Article  15.  Nevertheless,  the  parties 
should  take  all  efforts  to  try  to  solve  technical  issues  at  the  lowest  possible  level 
before they become “disputes”. 

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5.4.  Maintain a high degree of confidence in each other's system 

30. 

In  order  to  maintain  a  high  degree  of  confidence  in  the  initial  and  continued 
airworthiness certification system of either side, the Community and Canada assume 
certain obligations: 

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to  notify  the  other  party  of  the  identity  of  "competent  authority";  for  the 
Community  this  entails  a  notification  to  the  Canadian  side  that  a  national 
aviation authority has been successfully audited (by EASA) and that this audit 
shows that this authority fully complies with the Community legislation, that it 
is  familiar  with  the  requirements  of  the  Canadian  legislation  in  the  relevant 
areas and that it is capable of carrying out the obligations affecting certification 
and maintenance stemming from the annexes – Article 5(2) and (3); 

to  ensure  through  regular  audits  that  national  aviation  authorities  which  have 
been  notified  as  "competent  authorities"  to  the  other  side  remain  capable  of 
fulfilling  their  obligations  stemming  from  the  agreement  and  its  annexes  – 
Article 5(5); 

to cooperate in quality assurance and permit the participation of each other in 
inspections  and  conformity  assessments  of  each  other 
standardisation 
(authorities and undertakings) – Article 5(6) and Article 8(5); 

to  exchange  safety  data  –  available  information  on  accidents,  incidents  or 
occurrences  –  article  8(4)  and  to  ensure  appropriate  confidentiality  when 
exchanging information – article 11. 

to  notify  each  other  all  applicable  requirements  and  to  consult  each  other  on 
regulatory and organisational changes at an early stage – Article 8. 

In this area lies also the difference between this agreement and the one between the 
EC  and  the  United  States  of  America  on  the  cooperation  in  the  regulation  of  civil 
aviation safety: Canada has not requested a confidence building process consisting of 
its  own  (or  joint)  inspections  of  EASA  or  the  national  aviation  authorities  as  a 
precondition to sign and conclude this agreement. Contrary to that the United States 
of  America  has  insisted  upon  a)  inspections  of  EASA  and  of  national  aviation 
authorities for the purpose of including them as recognised competent authorities for 
the  purpose  of  the  two  annexes  on  certification  and  maintenance;  b)  “shadowing 
certification  projects”  whereby  the  US  FAA  followed  a  number  of  certification 
projects  for  Type  Certification  and  Supplemental  Type  Certificates  carried  out  by 
EASA  to  familiarise  itself  with  the  procedures  followed  by  the  Agency,  before  the 
agreement could be signed and concluded. 

31. 

5.5. 

Strong safeguard measures 

32. 

The draft text of agreement is set up to afford the parties the necessary flexibility to 
react  immediately  to  safety  problems  or  to  set  up  a  higher  level  of  protection  they 
consider  appropriate for safety – Article 6. In order to enable the two sides to deal 
with  such  situations  without  putting  at  risk  the  validity  of  the  agreement,  specific 
procedures are foreseen. 

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33. 

However,  should  the  parties  be  unable  to  remedy  satisfactorily  a  specific  situation, 
the draft text of the agreement provides first for the possibility to suspend acceptance 
of  the  findings  of  the  contested  Competent  Authority  –  Article  10  and  second  for 
means and procedures to be followed for the termination of a part of the agreement 
or of its entirety – Article 16(2). 

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Proposal for a 

COUNCIL DECISION 

on the signature of an Agreement between the European Community and Canada on 
civil aviation safety 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
80(2) and 133(4) in conjunction the first sentence of the first subparagraph of Article 300(2) 
thereof, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

The  Commission  has  negotiated  on  behalf  of  the  Community  an  Agreement  on  civil 
aviation safety with Canada in accordance with the Council Decision authorising the 
Commission to open negotiations;4 

The Agreement negotiated by the Commission should be signed, subject to its possible 
conclusion at a later stage; 

The  Member  States  should  take  the  necessary  measures  in  order  to  ensure  that  their 
bilateral agreements with Canada on the same subject are terminated as of the date of 
entry into force of the Agreement. 

HAS ADOPTED THIS DECISION:  

Article 1 

The  signing  of  the  Agreement  between  the  European  Community  and  Canada  on  civil 
aviation safety (hereinafter "the Agreement") is hereby approved on behalf of the Community, 
subject  to  a  Council  Decision  concerning  the  conclusion  of  the  Agreement.  The  text  of  the 
Agreement is attached to this Decision. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement on behalf of the Community, subject to its conclusion. 

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OJ C , , p. . 
SEC(2004) 213 final of 25.2.2004 

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Done at Brussels,  

For the Council 
The President 

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2009/0156 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of an Agreement between the European Community and Canada on 
civil aviation safety 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
80(2)  and  133(4)  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of  Article 
300(2), the first subparagraph of Article 300(3) and Article 300(4) thereof, 

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Parliament6 

Whereas: 

(1) 

(2) 

The Commission has negotiated on behalf of the Community and Agreement on civil 
aviation safety with Canada in accordance with the Council Decision authorising the 
Commission to open negotiations; 

The Agreement was signed on 6 May 2009 on behalf of the Community subject to its 
possible  conclusion  at  a  later  date,  in  conformity  with  Decision  2009/469/EC  of  30 
March 2009 of the Council7; 

(3) 

The Agreement should be approved; 

(4) 

(5) 

It  is  necessary  to  lay  down  procedural  arrangements  for  the  participation  of  the 
Community  in  the  joint  bodies  established  by  the  Agreement,  as  well  as  for  the 
adoption  of  certain  decisions  concerning  in  particular  the  amendment  of  the 
Agreement and its Annexes, the addition of new annexes, the termination of individual 
annexes, consultations and dispute resolution and the adoption of safeguard measures; 

The  Member  States  should  take  the  necessary  measures  in  order  to  ensure  that  their 
bilateral agreements with Canada on the same subject are terminated as of the date of 
entry into force of the Agreement. 

5 
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OJ C , , p. . 
OJ , , p.  
OJ L 153, 17.06.2009, p. 10 

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HAS ADOPTED THIS DECISION:  

Article 1 

(1) 

(2) 

(3) 

(1) 

(2) 

The Agreement between the European Community and Canada on civil aviation safety 
is approved on behalf of the Community. 

The text of the Agreement is annexed to this Decision. 

The President of the Council is authorised to designate the person empowered to make 
the notification provided in Article 16(1) of the Agreement. 

Article 2 

The Community shall be represented in the Joint Committee of the Parties established 
in Article 9 of the Agreement by the European Commission assisted by the European 
Aviation  Safety  Agency  and  accompanied  by 
the  Aviation  Authorities  as 
representatives of the Member States. 

The Community shall be represented in the Joint Sectorial Committee on Certification 
provided  in  paragraph  2  of  Annex  A  of  the  Agreement  and  in  the  Joint  Sectorial 
Committee on Maintenance provided in paragraph 4 of Annex B of the Agreement by 
the  European  Aviation  Safety  Agency  assisted  by  the  Aviation  Authorities  directly 
affected by the agenda of each meeting. 

Article 3 

(1) 

The  Commission,  after  consultation  with  the  special  committee  appointed  by  the 
Council,  shall  determine  the  position  to  be  taken  by  the  Community  in  the  Joint 
Committee of the Parties with respect to the following matters: 

–  The  adoption  or  amendment  of  the  internal  governing  procedures  of  the  Joint 

Committee of the Parties provided in Article 9(3) of the Agreement; 

(2) 

The  Commission,  after  consultation  with  the  special  committee  referred  to  in 
paragraph 1, may take the following action: 

–  Adopt safeguard measures in accordance with Article 6 of the Agreement; 

–  Request consultations in accordance with Article 15 of the Agreement; 

–  Suspend  the  acceptance  of  findings  and  rescind  such  suspension  in  accordance 

with Article 10 of the Agreement. 

(3) 

The  Council  shall  decide,  acting  by  qualified  majority,  on  a  proposal  from  the 
Commission, with respect to the following matters:  

–  The  adoption  of  additional  Annexes  in  accordance  with  Article  16(5)  of  the 

Agreement; 

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–  Any other amendments to the Agreement not falling within the scope of paragraph 

1; 

–  The  Termination  of  individual  Annexes  in  accordance  with  Article  16(3)  of  the 

Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

AGREEMENT 

ON CIVIL AVIATION SAFETY 
BETWEEN 
THE EUROPEAN COMMUNITY AND CANADA 

The  EUROPEAN  COMMUNITY  and  CANADA  hereinafter  referred  to  collectively  as  “the 
Parties”, 

CONSIDERING  that  each  Party  has  determined,  by  a  long  practice  of  technical  exchanges  and 
bilateral  arrangements  between  members  of  the  European  Community  (EC)  and  Canada,  that  the 
standards  and  systems  of  the  other  Party  for  the  airworthiness  and  environmental  certification  or 
acceptance  of  Civil  Aeronautical  Products  are  sufficiently  equivalent  to  its  own  to  make  an 
agreement practicable; 

RECOGNISING  the  emerging  trend  toward  multinational  design,  production,  and  interchange  of 
Civil Aeronautical Products; 

DESIRING  to  promote  civil  aviation  safety  and  environmental  quality  and  compatibility  and 
facilitate the exchange of Civil Aeronautical Products; 

DESIRING  to  enhance  co-operation  and  increase  efficiency  in  matters  relating  to  civil  aviation 
safety; 

CONSIDERING  that  their  co-operation  can  positively  contribute  in  encouraging  greater 
international harmonization of standards and processes; 

CONSIDERING  the  possible  reduction  of  the  economic  burden  imposed  on  the  aviation  industry 
and operators by redundant technical inspections, evaluations, and testing;  

RECOGNISING  the  mutual  benefit  of  improved  procedures  for  the  reciprocal  acceptance  of 
approvals  and  testing  as  regards  airworthiness,  environmental  protection,  aircraft  maintenance 
facilities, and continuing airworthiness;  

RECOGNISING that any such reciprocal acceptance needs to offer an assurance of conformity with 
applicable technical regulations or standards equivalent to the assurance offered by a Party’s own 
procedures; 

RECOGNISING that any such reciprocal acceptance also requires confidence by each Party in the 
continued reliability of the other Party’s conformity assessments;  

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

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HAVE AGREED AS FOLLOWS: 

The objectives of this Agreement are: 

Article 1 

Objectives 

(a) 

(b) 

(c) 

(d) 

To establish, consistent with the legislation in force within each Party, principles and 
arrangements  in  order  to  enable  the  reciprocal  acceptance  of  approvals  issued  by 
either  Party’s  Competent  Authorities  in  the  fields  covered  by  this  Agreement,  as 
detailed in Article 4. 

To  allow  the  Parties  to  adapt  to  the  emerging  trend  toward  multinational  design, 
manufacture, maintenance, and interchange of Civil Aeronautical Products, involving 
the  common 
the  Parties  concerning  civil  aviation  safety  and 
environmental quality. 

interests  of 

To  promote  cooperation  toward  sustaining  safety  and  environmental  quality 
objectives. 

To  promote  and  facilitate  the  continuing  exchange  of  Civil  Aeronautical  Products 
and services. 

Article 2 

Definitions 

The following terms and definitions shall apply to this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

“Airworthiness Approval” means a finding that the design or change to a design of a 
Civil Aeronautical Product meets standards established by the applicable legislation 
in force in either Party or that a product conforms to a design that has been found to 
meet those standards and is in a condition of safe operation. 

“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. 

“Competent Authority” means a government agency or entity that is designated as a 
Competent Authority by a Party for the purposes of this Agreement, that exercises a 
legal right to assess conformity of, to monitor and to control the use or sale of, Civil 
Aeronautical  Products  or  services  within  a  Party’s  jurisdiction  and  that  may  take 
enforcement  action  to  ensure  that  such  products  or  services  marketed  within  that 
Party’s jurisdiction comply with applicable legal requirements. 

“Design-related Operational Requirements” means the operational or environmental 
requirements affecting either the design features of the product or data on the design 
relating  to  the  operations  or  maintenance  of  the  product  that  make  it  eligible  for  a 
particular kind of operation. 

“Environmental  Approval”  means  a  finding  that  a  Civil  Aeronautical  Product 
complies  with  standards  established  by  the  applicable  legislation  in  force  in  either 
Party concerning noise and/or exhaust emissions.  

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(f) 

(g) 

(h) 

“Maintenance” means the performance of inspection, overhaul, repair, preservation, 
and  the  replacement  of  parts,  appliances, or components  with the exception  of pre-
flight  inspection  of  a  Civil  Aeronautical  Product  to  assure  the  continued 
airworthiness  of  that  product,  and  includes  embodiment  of  Modifications;  but  does 
not include the design of repairs and Modifications. 

“Monitoring”  means  the  periodic  surveillance  by  a  Competent  Authority  to 
determine continuing compliance with the appropriate applicable standards. 

“Technical  Agent”  means,  for  Canada,  the  Canadian  organization  responsible  for 
civil  aviation  and  for  the  European  Community,  the  European  Aviation  Safety 
Agency (EASA). 

Article 3 

General Obligations 

1. 

2. 

3. 

4. 

5. 

Each  Party  shall,  as  specified  in  the  Annexes  to  this  Agreement,  which  form  an  integral 
part  thereof,  accept  or  recognise  results  of  specified  procedures,  used  in  assessing 
conformity  with  specified  legislative,  regulatory,  and  administrative  measures  of  that 
Party,  produced  by  the  other  Party’s  Competent  Authorities,  with  the  understanding  that 
the conformity assessment procedures utilised assure conformity to the satisfaction of the 
receiving Party, with applicable legislative, regulatory and administrative measures of that 
Party, equivalent to the assurance offered by the receiving Party’s own procedures. 

Paragraph 1 of this Article shall only apply when transitional arrangements, which may be 
set out in the Annexes to this Agreement, have been completed. 

This  Agreement  shall  not  be  construed  to  entail  reciprocal  acceptance  of  standards  or 
technical regulations of the Parties and, unless otherwise specified in this Agreement, shall 
not entail the mutual recognition of the equivalence of standards or technical regulations. 

Nothing in this Agreement shall be construed to limit the authority of a Party to determine, 
through  its  legislative,  regulatory  and  administrative  measures,  the  level  of  protection  it 
considers  appropriate  for  safety,  for  the  environment,  and  otherwise  with  regard  to  risks 
within the scope of the applicable Annex to this Agreement. 

The  findings  made  by  delegated  persons  or  approved  organisations,  authorized  by  the 
applicable legislation of either Party to make the same findings as a Competent Authority, 
shall  be  given  the  same  validity  as  those  made  by  a  Competent  Authority  itself  for  the 
purposes of this Agreement. An entity of one Party responsible for the implementation of 
this Agreement, as defined in Article 7, may on occasion, and upon prior notification to its 
counterpart  within  the  other  Party,  interact  directly  with  a  delegated  person  or  approved 
organisation of that other Party. 

Article 4 

General Scope of Coverage 

1. 

This Agreement applies to: 

(a) 

the Airworthiness Approval and Monitoring of Civil Aeronautical Products; 

EN 

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(b) 

(c) 

(d) 

(e) 

the continuing airworthiness of in-service aircraft; 

the approval and Monitoring of production and manufacturing facilities; 

the approval and Monitoring of maintenance facilities; 

the  Environmental  Approval  and  environmental  testing  of  Civil  Aeronautical 
Products; and 

(f) 

related cooperative activities. 

When  European  Community  competence  is  exercised  in  relation  to  air  operations,  flight 
crew  licensing  and  the  approval  of  synthetic  training  devices,  the  Parties  may  agree  on 
additional  Annexes,  including  transitional  arrangements,  specific  to  each  area  in 
accordance with the procedure specified in Article 16. 

Article 5 

Competent Authorities 

When  an  entity  is  eligible  under  the  legislation  of  a  Party,  it  shall  be  recognized  as 
Competent Authority by the other Party, once it has been audited by its Party to determine 
that: 

(a) 

(b) 

it fully complies with the legislation of its Party, 

it  is  familiar  with  the  requirements  of  the  other  Party,  for  the  type  and  scope  of
 certification it applied for and 

(c) 

it is capable of carrying out the obligations contained in the Annexes. 

A  Party  shall  notify  the  other  Party  of  the  identity  of  a  Competent  Authority  once  it  has 
successfully completed the audit. The other Party may contest the technical competence or 
compliance of that Competent Authority in accordance with paragraph 6 of this Article. 

The entities identified in Appendix 1 and 2 shall be deemed to comply with the provisions 
of Paragraph 1 of this Article for the implementation respectively of Annex A and B at the 
time of entry into force of this Agreement. 

The Parties shall ensure that their Competent Authorities are capable and remain capable 
of properly assessing conformity of products or organisations, as applicable and as covered 
in  the  Annexes  to  this  Agreement.  In  this  regard,  the  Parties  shall  ensure  that  their 
Competent Authorities are subject to regular audit or assessment. 

The  Parties  shall  consult  as  necessary  to  ensure  the  maintenance  of  confidence  in 
conformity  assessment  procedures.  This  consultation  may  include  participation  from  one 
Party in the regular audits related to conformity assessment activities or other assessments 
of Competent Authorities of the other Party. 

In  the  event  of  a  Party’s  contestation  of  the  technical  competence  or  compliance  of  a 
Competent  Authority,  the  contesting  Party  shall  notify  in  writing  the  other  Party  of  its 
contestation  of  the  technical  competence  or  compliance  of  the  relevant  Competent 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

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7. 

8. 

Authority  and  of  its  intent  to  suspend  the  acceptance  of  the  findings  of  the  relevant 
Competent  Authority.  Such  contestation  shall  be  exercised  in  an  objective  and  reasoned 
manner. 

Any contestation notified in accordance with Paragraph 6 of this Article shall be discussed 
by  the  Joint  Committee  established  pursuant  to  Article  9,  which  may  decide  to  suspend 
acceptance of the findings of that Competent Authority or that verification of its technical 
competence is required. Such verification shall normally be carried out in a timely manner 
by  the  Party  having  jurisdiction  over  the  Competent  Authority  in  question,  but  may  be 
carried out jointly by the Parties if they so decide. 

If the Joint Committee has not been able to resolve a contestation notified in accordance 
with  Paragraph  6  of  this  Article,  within  30  days  of  its  notice,  the  contesting  Party  may 
suspend acceptance of the findings of the Competent Authority in question but shall accept 
the  findings  made  by  that  Competent  Authority  before  the  date  of  the  notice.  Such 
suspension may remain in effect until the Joint Committee has resolved the matter. 

Article 6 

Safeguard Measures 

1. 

Nothing in this  Agreement  shall be construed to limit the authority of a Party to take all 
appropriate and immediate measures whenever there is a reasonable risk that a product or a 
service may: 

(a) 

(b) 

(c) 

compromise the health or safety of persons; 

not  meet  the  applicable  legislative,  regulatory,  or  administrative  measures  of  that 
Party within the scope of this Agreement; or 

otherwise  fail  to  satisfy  a  requirement  within  the  scope  of  the  applicable  Annex  to 
this Agreement. 

2. 

Where either Party takes measures pursuant to Paragraph 1 of this Article, it shall inform 
the  other  Party  in  writing  within  15  working  days  of  taking  such  measures,  providing 
reasons for it. 

Article 7 

Communications 

1. 

The Parties agree that communications between themselves for the implementation of this 
Agreement shall be dealt with by:  

(a) 

as regards technical matters, the Technical Agents 

(b) 

as regards all other matters: 

– 

– 

for Canada : The Department of Transport; 

for  the  European  Community:  the  European  Commission  and  the 
Competent  Authorities of the Member States, where applicable 

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2. 

Upon signature of this Agreement the Parties will communicate to each other the relevant 
contact points. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 8 

Mutual Cooperation, Assistance and Transparency 

Each  Party  shall  ensure  that  the  other  Party  is  kept  informed  of  all  its  relevant  laws, 
regulations, standards, and requirements, and of its certification system. 

The Parties shall notify each other of their proposed significant revisions to their relevant 
laws, regulations, standards, and requirements, and to their certification systems insofar as 
these  revisions  may  have  an  impact  on  this  Agreement.  To  the  maximum  extent 
practicable, they shall offer each other an opportunity to comment on such  revisions and 
give due consideration to such comments. 

The  Parties  shall,  as  appropriate,  develop  procedures  on  regulatory  co-operation  and 
transparency for all activities they conduct which fall within the scope of this Agreement. 

The Parties agree, subject to their applicable legislation, to provide each other, on request 
and in a timely manner, information related to accidents, incidents or occurrences related 
to the subject matters covered by this Agreement. 

For  the  purpose  of  investigating  and  resolving  safety  issues  by  mutual  cooperation,  the 
Parties  shall  allow  each  other  to  participate  in  each  other’s  inspections  and  audits  on  a 
sample basis or conduct joint inspections and audits as appropriate. 

Article 9 

Joint Committee of the Parties 

A Joint Committee is established, consisting of representatives from each Party. The Joint 
Committee  shall  be  responsible  for  the  effective  functioning of  this  Agreement  and  shall 
meet at regular intervals to evaluate the effectiveness of its implementation. 

The  Joint  Committee  may  consider  any  matter  related  to  the  functioning  and 
implementation of this Agreement. In particular it shall be responsible for: 

(a) 

(b) 

(c) 

(d) 

(e) 

reviewing and taking appropriate action with respect to contestations as specified in 
Article 5; 

resolving  any  question  relating  to  the  application  and  implementation  of  this 
Agreement,  including  those  questions  not  otherwise  resolved  in  the  Joint  Sectorial 
Committee established pursuant to the relevant Annex; 

considering  ways  to  enhance  the  operation  of  this  Agreement  and  make  as 
appropriate recommendations to the Parties for the amendment of this Agreement; 

considering specific amendments to the Annexes; 

coordinating, as appropriate, the development of additional Annexes; 

EN 

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(f) 

adopting,  as  appropriate,  working  procedures  on  regulatory  cooperation  and 
transparency  for  all  activities  referred  to  in  Article  4  which  are  not  otherwise 
developed by Joint Sectorial Committees. 

1. 

The Joint Committee shall draw up its own rules of procedure within one year of coming 
into force of this Agreement. 

Article 10 

Suspension of Reciprocal Acceptance Obligations 

1. 

A Party may suspend, in whole or in part, its obligations specified under an Annex of this 
Agreement , where: 

(a) 

(b) 

(c) 

the  other  Party  fails  to  fulfil  its  obligations  specified  under  that  Annex  of  this 
Agreement ; or 

one or more of its own Competent Authorities cannot implement new or additional 
requirements  adopted  by  the  other  Party  in  the  field  covered  by  that  Annex  of  this 
Agreement ; or, 

the  other  Party  fails  to  maintain  the  legal  and  regulatory  means  and  measures 
required to implement the provisions of this Agreement. 

Before  suspending  its  obligations,  a  Party  shall  request  consultations  under  article  15. 
Should consultations not resolve a disagreement that relates to any of the Annexes, either 
Party may notify the other Party of its intention to suspend the acceptance of findings of 
compliance  and  approvals  under  the  Annex,  over  which  there  is  disagreement.  Such 
notification shall be in writing and detail the reasons for suspension. 

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 
Competent  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 11 

Confidentiality 

Each  Party  agrees  to  maintain,  to  the  extent  required  under  its  legislation,  the 
confidentiality of information received from the other Party under this Agreement. 

In particular, subject to their respective legislation, the Parties shall neither disclose to the 
public,  nor  permit  a  Competent  Authority  to  disclose  to  the  public,  information  received 
from  each  other  under  this  Agreement  that  constitutes  trade  secrets,  confidential 
commercial  or  financial  information,  or  information  that  relates  to  an  ongoing 
investigation.  To  this  end  such  information  shall  be  considered  proprietary  and  be 
appropriately marked as such. 

2. 

3. 

1. 

2. 

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3. 

4. 

1. 

2. 

3. 

1. 

2. 

3. 

A Party or a Competent Authority may, upon providing information to the other Party or a 
Competent  Authority  of  the  other  Party,  designate  the  portions  of  the  information  that  it 
considers to be exempt from disclosure. 

Each Party shall take all reasonable precautions necessary to protect information received 
under this Agreement from unauthorized disclosure. 

Article 12 

Cost recovery 

Neither Party shall impose fees or charges on natural or legal persons whose activities are 
regulated  under  this  Agreement  for  conformity  assessment  services  covered  under  this 
Agreement and provided by the other Party. 

Each  Party  shall  endeavour  to  ensure  that  any  fees  or  charges  imposed  by  its  Technical 
Agent  on  a  legal  or  natural  person  whose  activities  are  regulated  under  this  Agreement 
shall be just, reasonable and commensurate with the certification and surveillance services 
provided, and shall not create a barrier to trade. 

Each  Party’s  Technical  Agent  shall  have  the  right  to  recover  through  fees  and  charges 
applied to natural or legal persons whose activities are regulated under this Agreement, the 
costs related to the implementation of the applicable Annex and of audits and inspections 
made in application of Paragraph 5 of Article 5 and Paragraph 5 of Article 8. 

Article 13 

Other Agreements 

Except  where  otherwise  specified  in  the  Annexes,  obligations  contained  in  agreements 
concluded by either Party with a third country not party to this Agreement shall have no 
force  and  effect  with  regard  to  the  other  Party  in  terms  of  acceptance  of  the  results  of 
conformity assessment procedures in the third country. 

Upon  entry  into  force,  this  Agreement  shall  supersede  the  bilateral  aviation  safety 
agreements between Canada and the member states of the European Union with respect to 
any matters covered by this Agreement. 

This  Agreement  shall  not  affect  the  rights  and  obligations  of  the  Parties  under  any  other 
international agreement. 

Article 14 

Territorial Application 

Except where otherwise specified in the Annexes of this Agreement , this Agreement shall apply, 
on  the  one  hand,  to  the  territories  in  which  the  Treaty  establishing  the  European  Community  is 
applied, and under the conditions laid down in that Treaty and, on the other hand, to the territory of 
Canada. 

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1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

Article 15  

Consultations and Settlement of Disagreements 

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. 

The  Parties  shall  make  every  effort  to  resolve  any  disagreement  between  them  regarding 
their  cooperation  under  this  Agreement  at  the  lowest  possible  technical  level  by 
consultation in accordance with provisions contained in the Annexes to this Agreement. 

In the event that any disagreement is not resolved as provided  for  in Paragraph  2 of this 
Article, either Technical Agent may refer the disagreement to the Joint Committee of the 
Parties, which shall consult on the matter. 

Article 16 

Entry Into Force, Termination and Amendment 

This  Agreement  shall  enter  into  force  on  the  date  of  the  last  note  of  an  exchange  of 
Diplomatic Notes in which the Parties notify each other of the completion of their internal 
procedures  necessary  for  the  entry  into  force  of  this  Agreement.  The  Agreement  shall 
remain in force until terminated by either Party. 

A Party may terminate this Agreement at any time upon six months written notification to 
the  other  Party,  unless  the  said  notice  of  termination  has  been  withdrawn  by  mutual 
consent of the Parties before the expiry of this period. 

Where  a  Party  seeks  to  amend  the  Agreement  by  removing  one  or  more  Annexes  and 
preserving  the  other  Annexes,  the  Parties  shall  seek  to  amend  this  Agreement  by 
consensus, in  accordance with the procedures in this Article. Failing such consensus, the 
Agreement  shall  terminate  at  the  end  of  six  months  from  the  date  of  notice  unless 
otherwise agreed by the Parties. 

Parties  may  amend  this  Agreement  by  mutual  written  consent.  An  amendment  to  this 
Agreement shall enter into force on the date of the latest written notification by one Party 
to the other Party that its domestic procedures for entry into force have been completed. 

Notwithstanding  the  provisions  of  Paragraph  4  of  this  Article,  the  Parties  may  agree  to 
amend  the  existing  Annexes  or  add  new  ones  by  means  of  an  exchange  of  Diplomatic 
Notes  between  the  Parties.  These  amendments  shall  enter  into  force  subject  to  the  terms 
agreed in the exchange of Diplomatic Notes. 

Following  termination  of  this  Agreement,  each  Party  shall  maintain  the  validity  of  any 
Airworthiness  Approvals,  Environmental  Approvals  or  certificates  issued  under  this 
Agreement prior to its termination, subject to their continued compliance with that Party’s 
applicable laws and regulations. 

IN  WITNESS  WHEREOF,  the  undersigned  duly  authorized  to  that  effect,  have  signed  this 
Agreement DONE, in duplicate in XX, this XX day of XXX 2008, in the Bulgarian, Czech, Danish, 
Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 

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Maltese,  Polish,  Portuguese,  Romanian,  Slovakian,  Slovenian,  Spanish  and  Swedish  languages, 
each version being equally authentic. 

FOR THE EUROPEAN COMMUNITY / FOR CANADA 

________________________________ / ______________ 

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List of competent authorities, which are deemed to comply with the provisions of Article 5.1 
as regards Annex A 

Appendix 1 

1. 

competent authorities as regards design approvals 

for Canada: the Canadian organisation responsible for civil aviation 

for the European Community: the European Aviation Safety Agency 

2. 

competent authorities as regards production oversight 

for Canada: the Canadian organisation responsible for civil aviation 

for the European Community: the European Aviation Safety Agency 

the Competent Authorities of Member States 

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Competent Authorities of the 27 EU Member States, which are deemed to comply with the 
provisions of Article 5.1 as regards Annex B 

Appendix 2 

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ANNEX A 

Procedure for the Certification of Civil Aeronautical Products 

1. 

SCOPE 

1.1. 

This Procedure (hereinafter referred to as the “Procedure”) applies to: 

1.1.1.  The  reciprocal  acceptance  of  findings  of  compliance  with  design,  environmental  and 
Design-related  Operational  Requirements  for  Civil  Aeronautical  Products,  made  by  the 
Technical Agent of the Party acting as the authorised representative of the State of design. 

1.1.2.  The  reciprocal  acceptance  of  findings  that  new  or  used  Civil  Aeronautical  Products 
comply  with  airworthiness  and  environmental  import  requirements  of  either  Party;The 
reciprocal  acceptance  of  the  approvals  of  design  changes  and  repair  designs  of  Civil 
Aeronautical Products performed under the authority of either Party; 

1.1.3.  Cooperation and assistance on continued airworthiness of in-service aircraft. 

1.2. 

For the purposes of this Procedure the following terms shall be defined as follows: 

(a) 

(b) 

(c) 

(d) 

“Authorized  Release  Certificate”  means  a  declaration  by  a  person  or 
organization  under  the  jurisdiction  of  the  Exporting  Party  that  a  Civil 
Aeronautical  Product,  other  than  a  complete  aircraft,  is  either  a  newly 
manufactured product  or  is  released  after  maintenance  has  been  performed 
on it. 

“Export  Certificate  of  Airworthiness”  means  an  export  declaration  by  a 
person  or  organization  under  the  jurisdiction  of  the  Exporting  Party  that  a 
complete  aircraft,  also  under  the  jurisdiction  of  the  Exporting  Party, 
conforms  to  the airworthiness  and  environmental  requirements  notified  by 
the Importing Party. 

“Exporting Party” means the Party from which a Civil Aeronautical Product 
is exported; 

“Importing Party” means the Party to which a Civil Aeronautical Product is 
imported; 

EN 

27 

   EN 

 
 
2. 

JOINT SECTORIAL COMMITTEE ON CERTIFICATION 

2.1. 

Composition 

2.1.1.  A Joint Sectorial Committee on Certification is established. This Committee shall include 

representatives from each Party responsible at managerial level for: 

2.1.1.1.  Civil Aeronautical Product certification; 

2.1.1.2.  production, where different from persons covered by subparagraph 2.1.1.1.; 

2.1.1.3.  certification regulations and standards and 

2.1.1.4.  internal standardisation inspections or quality control systems. 

2.1.2.  Any  other  person,  as  jointly  decided  by  the  Parties,  who  can  facilitate  fulfilling  the 
mandate  of  the  Joint  Sectorial  Committee  on  Certification  may  be  invited  to  that 
Committee. 

2.1.3.  The Joint Sectorial Committee on Certification shall establish its own rules of procedure. 

2.2.  Mandate 

2.2.1.  The  Joint  Sectorial  Committee  on  Certification  shall  meet  at  least  once  a  year  to  ensure 
the effective functioning and implementation of this Procedure and shall, inter alia: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

decide,  as  appropriate,  on  working  procedures  to  be  used  to  facilitate  the 
certification process; 

decide,  as  appropriate,  on  technical  standard  orders  for  the  purposes  of 
subparagraph 3.3.7 of this Procedure. 

evaluate  regulatory  changes  in  each  Party  to  ensure  that  certification 
requirements remain current; 

elaborate,  as  appropriate,  proposals  for  the  Joint  Committee  regarding 
amendments to this Procedure, other than those referred to in subparagraph 
2.2.1(b); 

ensure that the Parties share a common understanding of this Procedure; 

ensure that the Parties apply this Procedure in a consistent manner; 

resolve any difference on technical issues arising out of the interpretation or 
the implementation of this Procedure, including differences that may arise in 
the  determination  of  certification  bases  or  the  application  of  special 
conditions, exemptions and deviations; 

organize,  as  appropriate,  reciprocal  participation  by  one  Party  in  the  other 
Party’s internal standardisation or quality control system; 

identify, where appropriate, focal points responsible for the certification of 
each Civil Aeronautical Product imported or exported between the Parties; 
and 

EN 

28 

   EN 

(j) 

develop  effective  means  for  cooperation,  assistance  and  exchange  of 
information  regarding  safety  and  environmental  standards  and  certification 
systems  to  minimise  to  the  maximum  extent  possible,  differences  between 
the Parties; 

EN 

29 

   EN 

2.2.2. 

Should the Joint Sectorial Committee on Certification be unable to resolve differences in 
accordance  with  subparagraph  2.2.1(g),  it  shall  report  the  issue  to  the  Joint  Committee 
and ensure the implementation of the decision reached by that Committee. 

3. 

DESIGN APPROVALS 

3.1. 

General Provisions 

3.1.1.  This  Procedure  covers  the  design  approvals  and  changes  thereof  for:  type  certificates, 

supplemental type certificates, repairs, parts and appliances  

3.1.2.  For  the  implementation  of  this  Procedure,  the  Parties  agree  that  the  demonstration  of 
capability of a design organisation to assume its responsibilities is sufficiently controlled 
by either Party, to satisfy any difference in specific requirements of the other Party 

3.1.3.  An  application  for  a  design  approval  shall  be  made  to  the  Importing  Party  through  the 

Exporting Party, where appropriate. 

3.1.4.  The bodies responsible for the implementation of this section 3 relative to design approvals 

shall be the Technical Agents. 

3.2. 

Certification Basis  

3.2.1.  For the purpose of issuing a Type Certificate, the Importing Party shall use the applicable 
standards for a similar product of its own that were in effect when the application for the 
original Type Certificate was submitted to the Exporting Party.  

3.2.2. 

Subject to subparagraph 3.2.5 and for the purpose of approving a design change or repair 
design,  the  Importing  Party  shall  specify  a  change  to  the  certification  basis  established 
under  subparagraph  3.2.1.  when  it  considers  such  change  appropriate  for  the  design 
change or repair design. 

3.2.3. 

Subject  to  subparagraph  3.2.5.,  the  Importing  Party  shall  specify  any  special  condition 
applied  or  intended  to  be  applied  to  novel  or  unusual  features  of  a  product  design  not 
covered by the applicable airworthiness and environmental standards.  

3.2.4. 

Subject  to  subparagraph  3.2.5.,  the  Importing  Party  shall  specify  any  exemption  to  or 
deviation from the applicable standards. 

3.2.5.  When specifying special conditions, exemptions, deviations or changes to the certification 
basis, the Importing Party shall give due consideration to those of the Exporting Party and 
shall not be more demanding for the products of the Exporting Party than it would be for 
similar  products  of  its  own.  The  Importing  Party  shall  notify  the  Exporting  Party  of  any 
such special condition, exemption deviation or change to the certification basis. 

3.3. 

Certification Process 

3.3.1.  The Exporting Party shall provide to the Importing Party all the information necessary for 
the  Importing  Party  to  become  and  remain  familiar  with  individual  Civil  Aeronautcial 
Products of the Exporting Party and their certification. 

EN 

30 

   EN 

3.3.2.  For  each  design  approval,  the  Parties  shall  develop  a  certification  programme,  on  the 
basis  of  the  working  procedures  determined  by  the  Joint  Sectorial  Committee  on 
Certification, as appropriate. 

3.3.3.  The Importing Party shall issue its Type Certificate or Supplemental Type Certificate for 

an aircraft, engine or propeller when: 

(a) 

(b) 

the Exporting Party has issued its own certificate; 

the Exporting Party certifies to the Importing Party that the type design of a 
product complies with the certification basis as set out in Paragraph 3.2; and 

(c) 

all issues raised during the certification process have been resolved. 

EN 

31 

   EN 

3.3.4.  Changes to type design for a Civil Aeronautical Product for which the importing Party has 

issued a type certificate shall be approved as follows:  

3.3.4.1.  The Exporting Party shall classify the design changes in two categories in accordance with 

the working procedures determined by the Joint Sectorial Committee on Certification. 

3.3.4.2.  For the category of design changes that require the involvement of the Importing Party, the 
Importing Party shall approve the design changes following receipt of a written statement 
by  the  Exporting  Party  that  the  design  changes comply  with  the  certification  basis  as  set 
out  in  paragraph  3.2.  In  order  to  fulfil  its  obligations  under  this  subparagraph,  the 
Exporting  Party  may  provide  individual  statements  for  each  design  change  or  collective 
statements for lists of approved design changes; 

3.3.4.3.  For  all  other  design  changes  the  approval  of  the  Exporting  Party  constitutes  a  valid 

approval of the Importing Party without additional action. 

3.3.5.  Changes to the design of a Civil Aeronautical Product for which the importing Party has 

issued a supplemental type certificate shall be approved as follows: 

3.3.5.1.  The Exporting Party shall classify the design changes in two categories in accordance with 

the working procedures determined by the Joint Sectorial Committee on Certification. 

3.3.5.2.  For the category of design changes that require the involvement of the Importing Party, the 
Importing Party shall approve the design changes following receipt of a written statement 
by  the  Exporting  Party  that  the  design  changes comply  with  the  certification  basis  as  set 
out  in  Paragraph  3.2.  In  order  to  fulfil  its  obligations  under  this  subparagraph,  the 
Exporting  Party  may  provide  individual  statements  for  each  design  change  or  collective 
statements for lists of approved design changes; 

3.3.5.3.  For  all  other  design  changes,  the  approval  of  the  Exporting  Party  constitutes  a  valid 

approval of the Importing Party without additional action. 

3.3.6.  Repair designs of Civil Aeronautical Products for which the Importing Party has issued a 

Type Certificate shall be approved as follows: 

3.3.6.1.  The Exporting Party shall classify the repair designs in two categories in accordance with 

the working procedures determined by the Joint Sectorial Committee on Certification. 

3.3.6.2.  For the category of repair designs that require the involvement of the Importing Party, the 
Importing Party shall approve the designs following receipt of a written statement by the 
Exporting  Party  that  the  repair  designs  comply  with  the  certification  basis  as  set  out  in 
Paragraph 3.2. In order to fulfil its obligations under this subparagraph, the Exporting Party 
may provide individual statements for each major repair design or collective statements for 
lists of approved repair designs; 

3.3.6.3.  For  all  other  repair  designs,  the  approval  of  the  Exporting  Party  constitutes  a  valid 

approval of the Importing Party without additional action. 

3.3.7.  For parts and appliances approved on the basis of technical standard orders decided by 
the Joint Sectorial Committee on Certification in accordance with Paragraph 2.2. of this 
Procedure,  the  approval  of  parts  and  appliances  issued  by  the  Exporting  Party  shall  be 
recognised by the Importing Party as equivalent to its own approvals issued in accordance 
with its legislation and procedures. 

EN 

32 

   EN 

3.4. 

Design-related Operational Requirements 

3.4.1.  The  Importing  Party,  upon  request  from  the  Exporting  Party,  shall  advise  the  Exporting 

Party of its current Design-related Operational Requirements. 

3.4.2.  The  Importing  Party  shall  determine  with  the  Exporting  Party,  either  on  a  case  by  case 
basis,  or  by  the  development  of  a  list  of  specific  current  Design-related  Operational 
Requirements  for  certain  categories  of  products  and/or  operations,  the  Design-related 
Operational  Requirements  for  which  it  shall  accept  the  written  certification  and 
compliance statement of the Exporting Party. 

3.5. 

Continuing Airworthiness 

3.5.1.  The  two  Parties  shall  cooperate  in  analysing  airworthiness  aspects  of  accidents  and 
incidents  occurring  in  relation  to  Civil  Aeronautical  Products  to  which  this  Agreement 
applies and which are such as would raise questions concerning the airworthiness of such 
products. 

3.5.2.  The  Exporting  Party  shall,  in  respect  of  Civil  Aeronautical  Products  designed  or 
manufactured under its jurisdiction, determine any appropriate action necessary to correct 
any unsafe condition of the type design that may be discovered after a Civil Aeronautical 
Product  is  placed  in  service,  including  any  actions  in  respect  of  components  designed 
and/or  manufactured  by  a  supplier  under  contract  to  a  prime  contractor  in  the  territory 
under the Exporting Party’s jurisdiction. 

3.5.3.  The  Exporting  Party  shall,  in  respect  of  Civil  Aeronautical  Products  designed  or 
manufactured under its jurisdiction, assist the Importing Party in determining any action 
considered to be necessary by the Importing Party for the continued airworthiness of the 
products. 

3.5.4.  Each Party shall keep the other Party informed of all mandatory airworthiness directives, 
or other actions which it determines are necessary for the continued airworthiness of Civil 
Aeronautical Products designed or manufactured under the jurisdiction of either Party and 
that are covered by this Agreement. 

4. 

PRODUCTION APPROVAL 

4.1. 

For the implementation of this Procedure, the Parties agree that the demonstration of 
the  capability  of  a  production  organization  to  assume  production  quality  assurance 
and control of Civil Aeronautical Products is sufficiently controlled by the oversight 
of  such  organization  by  a  Competent  Authority  of  either  Party,  to  satisfy  any 
difference in specific requirements of the other Party. 

4.2.  When  a  production  approval  under  the  regulatory  oversight  of  one  Party  includes 
manufacturing sites and facilities in the other Party’s territory or in a third country, 
the former Party shall remain responsible for the surveillance and oversight of these 
manufacturing sites and facilities. 

4.3. 

The Parties may seek assistance from the civil aviation authority of a third country in 
the  fulfilment  of  their  regulatory  surveillance  and  oversight  functions  when  an 
approval  by  either  Party  has  been  granted  or  extended  by  formal  agreement  or 
arrangement with that third country. 

EN 

33 

   EN 

4.4. 

The bodies responsible for the implementation of this section 4 relative to production 
approvals  shall  be  the  Competent  Authorities  as  referred  to  in  Article  5  of  the 
Agreement.  

5. 

EXPORT AIRWORTHINESS APPROVALS 

5.1. 

General 

5.1.1.  The  Exporting  Party  shall  issue  export  airworthiness  approvals  for  Civil  Aeronautical 
Products exported to the Importing Party under the conditions defined in Paragraphs 5.2 
and 5.3. 

5.1.2.  The  Importing  Party  shall  accept  the  Exporting  Party’s  export  airworthiness  approvals 

issued in accordance with Paragraphs 5.2 and 5.3. . 

5.1.3.  The  identification  of  parts  and  appliances  with  the  specific  markings  required  by  the 
Exporting Party’s legislation shall be recognised by the Importing Party as complying with 
its own legal requirements. 

5.2. 

Export Certificates of Airworthiness 

5.2.1.  New Aircraft 

5.2.1.1.  An Exporting Party through its Competent Authority responsible for the implementation of 
this  procedure  shall  issue  an  Export  Certificate  of  Airworthiness,  for  a  new  aircraft, 
certifying that the aircraft: 

(a) 

(b) 

(c) 

conforms  to  a  type  design  approved  by  the  Importing  Party  in  accordance 
with this Procedure; 

is  in  a  condition  for  safe  operation,  including  compliance  with  the 
applicable  airworthiness  directives  of  the  Importing  Party,  as  notified  by 
that Party; 

meets  all  additional  requirements  prescribed  by  the  Importing  Party,  as 
notified by that Party. 

5.2.2.  Used aircraft  

5.2.2.1.  For  a  used  aircraft  for  which  a  design  approval  was  granted  by  the  Importing  Party,  the 
Exporting  Party  through  its  Competent  Authority  responsible  for  the  oversight  of  the 
Certificate  of  Airworthiness  of  that  aircraft  shall  issue  an  Export  Certificate  of 
Airworthiness certifying that the aircraft: 

(a) 

(b) 

conforms  to  a  type  design  approved  by  the  Importing  Party  in  accordance 
with this Procedure; 

is in a condition for safe operation, including compliance with all applicable 
airworthiness directives of the Importing Party, as notified by that Party; 

EN 

34 

   EN 

(c) 

has  been  properly  maintained  using  approved  procedures  and  methods 
during its service life, as evidenced by logbooks and maintenance records; 
and  

(d)  meets  all  additional  requirements  prescribed  by  the  Importing  Party,  as 

notified by that Party. 

5.2.2.2.  For  used  aircraft  manufactured  under  its  jurisdiction,  each  Party  agrees  to  assist  upon 

request the other Party in obtaining information regarding: 

(a) 

(b) 

the configuration of the aircraft at the time it left the manufacturer; and 

subsequent installations on the aircraft that it has approved. 

5.2.2.3.  The  Parties  shall  also  accept  each  other’s  Export  Certificates  of  Airworthiness  for  used 
aircraft  manufactured  and/or  assembled  in  a  third  country  when  the  conditions  of 
subparagraphs 5.2.2.1(a) to (d) have been met. 

5.2.2.4.  The Importing Party may request inspection and maintenance records that include, but are 

not limited to: 

(a) 

(b) 

(c) 

the original or certified true copy of an Export Certificate of Airworthiness, 
or its equivalent, issued by the Exporting Party;  

records  which  verify  that  all  overhauls,  major  changes,  and  repairs  were 
accomplished in accordance with the requirements approved or accepted by 
the Exporting Party; and  

maintenance records and log entries which substantiate that the used aircraft 
has been properly maintained throughout its service life in accordance with 
the requirements of an approved maintenance program. 

5.3. 

Authorized Release Certificate 

5.3.1.  New engines and propellers  

5.3.1.1.  The Importing Party shall accept the Exporting Party’s Authorised Release Certificate on a 

new engine or propeller, only when the Certificate provides that such engine or propeller: 

(a) 

(b) 

(c) 

conforms  to  a  type  design  approved  by  the  Importing  Party  in  accordance 
with this Procedure; 

is  in  a  condition  for  safe  operation,  including  compliance  with  the 
applicable  airworthiness  directives  of  the  Importing  Party,  as  notified  by 
that Party; and 

meets  all  additional  requirements  prescribed  by  the  Importing  Party,  as 
notified by that Party. 

EN 

35 

   EN 

5.3.1.2.  The  Exporting  Party  shall  export  all  new  engines  and  propellers  with  an  Authorised 

Release Certificate issued in accordance with its legislation and procedures. 

5.3.2.  New sub-assemblies, parts and appliances 

5.3.2.1.  The Importing Party shall accept the Exporting Party’s Authorised Release Certificate on a 
new  sub-assembly,  part,  including  a  modified  and/or  replacement  part,  and  appliances, 
only when the Certificate provides that such sub-assembly or part: 

(a) 

conforms to design data approved by the Importing Party; 

(b) 

is in a condition for safe operation; and 

(c) 

meets  all  additional  requirements  prescribed  by  the  Importing  Party,  as 
notified by that Party. 

5.3.2.2.  The  Exporting  Party  shall  export  all  new  parts  with  an  Authorised  Release  Certificate 

issued in accordance with its legislation and procedures. 

6. 

TECHNICAL ASSISTANCE 

6.1. 

The  Parties,  where  appropriate  through  their  Competent  Authorities,  shall  provide 
technical assistance to each other, upon request. 

6.2. 

Types of assistance may include, but are not limited to, the following: 

6.2.1.  Determination of Compliance: 

(a) 

witnessing tests; 

(b) 

performing compliance and conformity inspections; 

(c) 

reviewing reports; and 

(d) 

obtaining data. 

6.2.2.  Monitoring and Oversight: 

(a) 

witnessing of first article inspection of parts; 

(b)  monitoring the controls on special processes; 

(c) 

conducting sample inspections on production parts; 

(d)  monitoring  the  activities  of  delegated  persons  or  approved  organisations 

referred to in Article 3.5 of the Agreement; 

(e) 

(f) 

conducting investigations of service difficulties; and  

evaluating and overseeing production quality systems. 

EN 

36 

   EN 

Annex B 

Procedure for Maintenance 

1. 

SCOPE 

This  Procedure  (hereinafter  referred  to  as  the  "Procedure")  applies  to  the  reciprocal 
for  aircraft  and 
findings 
acceptance  of 
components intended for installation thereon". 

field  of  aircraft  maintenance 

the 

in 

2. 

APPLICABLE LEGISLATION 

The  Parties  agree  that,  for  the  purposes  of  this  Procedure,  compliance  with  the  applicable 
legislation  relating  to  maintenance  of  one  Party  and  with  the  regulatory  requirements 
specified  in  Appendix  B1  of  this  Procedure  amounts  to  compliance  with  the  applicable 
legislation of the other Party. 

The Parties agree that, for the purposes of this Procedure, each Party’s Competent Authorities 
certification practices and procedures provide for an equivalent proof of compliance with the 
requirements referred to in the previous paragraph. 

The  Parties  agree  that,  for  the  purposes  of  this  Procedure,  the  respective  standards  of  the 
Parties pertaining to licensing of maintenance personnel are considered to be equivalent. 

3. 

DEFINITIONS 

For the purposes of this Procedure, the following terms shall be defined as follows: 

(a) 

(b) 

(c) 

(d) 

“Aircraft”  means  any  machine  that  can  derive  support  in  the 
atmosphere from the reactions of the air other than reactions of the air 
against the earth’s surface;  

”Component” means any engine, propeller, part or appliance; 

“Large  aircraft”  means  an  aircraft,  classified  as  an  aeroplane  with  a 
maximum  take-off  mass  of  more  than  5700  kg,  or  a  multi-engined 
helicopter; and  

“Modification”  means  a  change  affecting 
configuration,  performance, 
operating limitations of a Civil Aeronautical Product. 

environmental 

the  construction, 
characteristics,  or 

EN 

37 

   EN 

4. 

JOINT SECTORIAL COMMITTEE ON MAINTENANCE 

4.1. 

Composition 

4.1.1.  A  Joint  Sectorial  Committee  on  Maintenance  is  established.  It  shall  include 

representatives from each Party responsible at managerial level for: 

(a) 

(b) 

the approval of maintenance organisations; 

implementation  of 

the 
maintenance organisations; 

legislation  and  standards 

relating 

to 

(c) 

the internal standardisation inspections or quality control systems;  

4.1.2.  Any other person, as jointly decided by the Parties, who can facilitate fulfilling the 
mandate  of  the  Joint  Sectorial  Committee  on  Maintenance,  may  be  invited  to  that 
Committee. 

4.1.3.  The  Joint  Sectorial  Committee  on  Maintenance  shall  establish  its  own  rules  of 

procedure. 

4.2.  Mandate  

4.2.1.  The  Joint  Sectorial  Committee  on  Maintenance  shall  meet  at  least  once  a  year  to 
ensure  the  effective  functioning  and  implementation  of  this  Procedure  and  shall, 
inter alia: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

evaluate  the  regulatory  changes  in  the  Parties  to  ensure  that  the 
requirements  detailed  in  Appendix  B1  of  this  Procedure  remain 
current;  

ensure  that  the  Parties  share  a  common  understanding  of  this 
Procedure; 

ensure that the Parties apply this Procedure in a consistent manner; 

resolve  any  difference  on  technical  issues  arising  out  of  the 
interpretation  or  the  implementation  of  this  Procedure,  including 
differences 
the 
implementation of this Procedure; 

that  may  arise  out  of 

interpretation  or 

the 

organise,  as  appropriate,  reciprocal  participation  by  one  Party  in  the 
other Party’s internal standardisation or quality control system; and. 

elaborate, as appropriate, proposals for the Joint Committee regarding 
amendments to this Procedure 

EN 

38 

   EN 

4.2.2. 

Should  the  Joint  Sectorial  Committee  on  Maintenance  fail  to  resolve  differences  in 
accordance with subparagraph 4.2.1(d) of this Procedure, it shall report the issue to 
the Joint Committee and ensure the implementation of the decision reached by that 
Committee. 

5. 

MAINTENANCE ORGANISATION APPROVAL 

5.1. 

5.2. 

5.3. 

5.4. 

5.5. 

Any  maintenance  organisation  of  one  Party  that  has  been  certified  by  a 
Competent  Authority  of  that  Party  to  perform  maintenance  functions  shall  be 
required  to  have  a  supplement  to  its  maintenance  manual  in  order  to  comply 
with  the  requirements  set  out  in  Appendix  B1  of  this  Procedure.  When  it  is 
satisfied  that  the  supplement  meets  the  requirements  set  out  in  Appendix  B1, 
the said Competent Authority shall issue an approval attesting compliance with 
the applicable requirements of the other Party and specifying the scope of tasks 
that  the  maintenance  organisation  can  perform  on  aircraft  registered  in  that 
other  party.  Such  scope  of  ratings  and  limitations  shall  not  exceed  that 
contained in its own certificate. 

The  approval  issued  in  accordance  with  Paragraph  5.1  by  the  Competent 
Authority of one Party shall be notified to the other Party and shall constitute a 
valid approval for the other Party without additional action. 

Recognition of an approval certificate pursuant to Paragraph 5.2 shall apply to 
the maintenance organization at its principal place of business, as well as at its 
other locations that are identified in the relevant manual and are subject to the 
oversight of a Competent Authority. 

The  Parties  may  seek  assistance  from  the  civil  aviation  authority  of  a  third 
country in the fulfilment of their regulatory surveillance and oversight functions 
when  an  approval  by  both  Parties  has  been  granted  or  extended  by  formal 
agreement or arrangement with that third country. 

A Party through its Competent Authority shall promptly notify the other Party 
of  any  changes  to  the  scope  of  the  approvals  it  has  issued  in  accordance  with 
Paragraph 5.1, including revocation or suspension of the approval. 

6. 

NON-COMPLIANCE 

6.1. 

6.2. 

Each  Party  shall  notify  the  other  Party  of  major  non-compliances  with  any 
applicable legislation or any  condition set  forth  in this Procedure that impairs 
the  ability  of  an  organisation  approved  by  that  other  Party  to  perform 
maintenance under the terms of this Procedure. Following such notification, the 
other  Party  shall  carry  out  the  necessary  investigation  and  report  to  the 
notifying Party on any action taken within 15 working days. 

In  case  of  disagreement  between  the  Parties  on  the  effectiveness  of  the  action 
taken the notifying Party may require the other Party to take immediate action 
to  prevent  the  organisation  from  performing  maintenance  functions  on  Civil 
Aeronautical  Products  under  its  regulatory  oversight.  Should  the  other  Party 
fail to take such action within 15 working days of the request by the notifying 

EN 

39 

   EN 

Party, the powers granted to the Competent Authority of the other Party under 
this Procedure shall be suspended until the issue is satisfactorily resolved by the 
Joint Committee, in accordance with the provisions of the Agreement. Until the 
Joint  Committee  issues  a  decision  on  the  matter,  the  notifying  Party  may  take 
any  measure  it  deems  necessary  to  prevent  the  organisation  from  performing 
maintenance  functions  on  Civil  Aeronautical  Products  under  its  regulatory 
oversight. 

6.3. 

The  bodies  responsible  for  communicating  under  this  section  6  shall  be  the 
Technical Agents. 

7. 

TECHNICAL ASSISTANCE 

7.1. 

The  Parties,  where  appropriate  through  their  Competent  Authorities,  shall 
provide technical evaluation assistance to each other, upon request. 

7.2. 

Types of assistance may include, but are not limited to, the following: 

(a) 

monitoring  and  reporting  regarding  continued  compliance  with  the 
this  Procedure  by  maintenance 
requirements  described 
organisations under the jurisdiction of either Party;  

in 

(b) 

conduct of and reporting on investigations; and 

(c) 

technical evaluation. 

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Appendix B1 

Specific Regulatory Requirements 

The recognition by one Party of a maintenance organisation under the jurisdiction of the other 
Party  pursuant  to  section  5  of  this  Procedure  shall  be  based  upon  the  maintenance 
organisation  adopting  a  supplement  to  its  maintenance  manual  which  shall,  at  a  minimum, 
provide the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

a statement of commitment signed by the current accountable manager that the 
organisation shall comply with the manual and its supplement; 

that  the  organisation  shall  comply  with  the  customer  work  order,  taking 
particular note of requested airworthiness directives, Modifications and repairs 
and of the requirement that any parts used were manufactured or maintained by 
organisations acceptable to the other Party; 

that  the  customer  issuing  the  work  order  has  established  the  approval  of  the 
appropriate  Competent  Authority  for  any  design  data  for  Modifications  and 
repairs; 

that the release of Civil Aeronautical Product is in conformity with applicable 
legislative and regulatory requirements; 

that  any  Civil  Aeronautical  Product  under  the  jurisdiction  of  the  other  Party 
found  in  an  un-airworthy  condition  shall  be  reported  to  the  other  Party  and 
customer. 

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