CELEX: 22011A1019(01)
Language: en
Date: 2010-07-14 00:00:00
Title: Agreement between the European Union and the Government of the Federative Republic of Brazil on civil aviation safety

19.10.2011             EN                               Official Journal of the European Union                                            L 273/3
                                                                     AGREEMENT
              between the European Union and the Government of the Federative Republic of Brazil on civil
                                                                     aviation safety
              The EUROPEAN UNION
              of the one part,
              and the Government of the FEDERATIVE REPUBLIC OF BRAZIL
              of the other part,
              hereinafter referred to collectively as ‘the Parties’,
              CONSIDERING that each Party has determined 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 cooperation and increase efficiency in matters relating to civil aviation safety,
              CONSIDERING that their cooperation 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 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,
              COMMITTED to developing a comprehensive system of regulatory cooperation in civil aviation safety and environmental
              testing and approvals based on continuous communication and mutual confidence,
              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                                       (b) To allow the Parties to adapt to the emerging trend toward
                                                                                    multinational design, manufacture, maintenance, and inter­
                             Objectives                                             change of Civil Aeronautical Products, involving the
The objectives of this Agreement are:                                               common interests of the Parties concerning civil aviation
                                                                                    safety and environmental quality.
(a) To establish, consistent with the legislation in force within               (c) To promote cooperation toward sustaining safety and envi­
    each Party, principles and arrangements in order to enable                      ronmental quality objectives.
    the reciprocal acceptance of approvals issued by either
    Party’s Competent Authorities in the fields covered by this                 (d) To promote and facilitate the continuing exchange of Civil
    Agreement, as detailed in Article 4.                                            Aeronautical Products and services.
 ---pagebreak--- L 273/4               EN                         Official Journal of the European Union                                         19.10.2011
                             Article 2                                                                 Article 3
                           Definitions                                                          General Obligations
The following terms and definitions shall apply to this                  1.    Each Party shall, as specified in the Annexes to this
Agreement:                                                               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
(a) ‘Airworthiness Approval’ means a finding that the design or
                                                                         Party’s Competent Authorities, with the understanding that the
    change to a design of a Civil Aeronautical Product meets
                                                                         conformity assessment procedures utilised assure conformity to
    airworthiness standards established by the applicable
                                                                         the satisfaction of the receiving Party, with applicable legislative,
    legislation in force in either Party or that a product
                                                                         regulatory and administrative measures of that Party, equivalent
    conforms to a design that has been found to meet those
                                                                         to the assurance offered by the receiving Party’s own
    standards and is in a condition of safe operation.
                                                                         procedures.
(b) ‘Civil Aeronautical Product’ means any civil aircraft, aircraft      2.    Paragraph 1 of this Article shall only apply when transi­
    engine, or aircraft propeller or sub-assembly, appliance, or         tional arrangements, which may be set out in the Annexes to
    part, installed or to be installed thereon.                          this Agreement, have been completed.
(c) ‘Competent Authority’ means a government agency or                   3.    This Agreement shall not be construed to entail reciprocal
    entity that is designated as a Competent Authority by a              acceptance of standards or technical regulations of the Parties
    Party for the purposes of this Agreement, that exercises a           and, unless otherwise specified in this Agreement, shall not
    legal right to assess conformity of, to monitor and to               entail the mutual recognition of the equivalence of standards
    control the use or sale of, Civil Aeronautical Products or           or technical regulations.
    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            4.    Nothing in this Agreement shall be construed to limit the
    with applicable legal requirements.                                  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
(d) ‘Design-related Operational Requirements’ means the                  Annexes to this Agreement.
    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             5.    The findings made by delegated persons or approved
    that make it eligible for a particular kind of operation.            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
(e) ‘Environmental Approval’ means a finding that a Civil                Competent Authority itself for the purposes of this Agreement.
    Aeronautical Product complies with standards established             An entity of one Party responsible for the implementation of
    by the applicable legislation in force in either Party               this Agreement, as defined in Article 7, may on occasion, and
    concerning noise and/or exhaust emissions.                           upon prior notification to its counterpart within the other Party,
                                                                         interact directly with a delegated person or approved organi­
                                                                         sation of that other Party.
(f) ‘Maintenance’ means the performance of inspection,
    overhaul, repair, preservation, and the replacement of
                                                                         6.    The Parties shall ensure that their Technical Agents and/or
    parts, appliances, or components with the exception of
                                                                         Competent Authorities fulfil their responsibilities under this
    pre-flight inspection of a Civil Aeronautical Product to
                                                                         Agreement, including its Annexes.
    assure the continued airworthiness of that product, and
    includes embodiment of Modifications; but does not
    include the design of repairs and Modifications.
                                                                         7.    This Agreement, including its Annexes, is binding on both
                                                                         Parties.
(g) ‘Monitoring’ means the periodic surveillance by a
    Competent Authority to determine continuing compliance                                             Article 4
    with the appropriate applicable standards.
                                                                                                        Scope
                                                                         1.    This Agreement applies to:
(h) ‘Technical Agent’ means, for the Government of the
    Federative Republic of Brazil, National Civil Aviation
    Agency – ANAC and for the European Union, the                        (a) The Airworthiness Approval and Monitoring of Civil
    European Aviation Safety Agency – EASA.                                  Aeronautical Products;
 ---pagebreak--- 19.10.2011              EN                         Official Journal of the European Union                                           L 273/5
(b) The continuing airworthiness of in-service aircraft;                   covered in the Annexes to this Agreement. In this regard, the
                                                                           Parties shall ensure that their Competent Authorities are subject
                                                                           to regular audits or assessments.
(c) The approval and monitoring of production and manufac­
    turing facilities;
                                                                           5.     The Parties shall consult as necessary to ensure the main­
                                                                           tenance of confidence in conformity assessment procedures.
(d) The approval and monitoring of maintenance facilities;                 This consultation may include participation from one Party in
                                                                           the regular audits related to conformity assessment activities or
(e) The Environmental Approval and environmental testing of                other assessments of Competent Authorities of the other Party.
    Civil Aeronautical Products;
                                                                           6.     In the event of a Party’s contestation of the technical
(f) Related cooperative activities; and                                    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
(g) Safety initiatives     and   exchange   of    relevant    safety       relevant Competent Authority and of its intent to suspend the
    information.                                                           acceptance of the findings of the relevant Competent Authority.
                                                                           Such contestation shall be exercised in an objective and
                                                                           reasoned manner.
2.     When the Parties agree that each Party’s civil aviation
standards, rules, practices and procedures in other areas of
cooperation and in particular in air operations, flight crew               7.     Any contestation notified in accordance with Paragraph 6
licensing and the approval of synthetic training devices are               of this Article shall be discussed by the Joint Committee estab­
sufficiently compatible to permit acceptance of findings of                lished pursuant to Article 9, which may decide to suspend
compliance with agreed upon standards made by one Party                    acceptance of the findings of that Competent Authority or
on behalf of the other, the Parties in the Joint Committee                 that verification of its technical competence is required. Such
may agree on additional Annexes, including transitional                    verification shall normally be carried out in a timely manner by
arrangements to extend the scope of cooperation to these                   the Party having jurisdiction over the Competent Authority in
other areas in accordance with the procedure specified in                  question, but may be carried out jointly by the Parties if they so
Article 16.                                                                decide.
                              Article 5                                    8.     If the Joint Committee has not been able to resolve a
                       Competent Authorities                               contestation notified in accordance with Paragraph 6 of this
                                                                           Article, within 30 days of its notice, the contesting Party may
1.     When an entity is eligible under the legislation of a Party,        suspend acceptance of the findings of the Competent Authority
it shall be recognized as a Competent Authority by the other               in question, but shall accept the findings made by that
Party, once it has been audited by its designating Party to                Competent Authority before the date of the notice. Such
determine that it:                                                         suspension may remain in effect until the Joint Committee
                                                                           has resolved the matter.
— fully complies with the legislation of its Party;
                                                                                                         Article 6
— is familiar with the requirements of the other Party, for the                                   Safeguard Measures
    type and scope of certification it applied for; and
                                                                           1.     Nothing in this Agreement shall be construed to limit the
                                                                           authority of a Party to take all appropriate and immediate
— is capable of carrying out the obligations contained in the              measures whenever there is a reasonable risk that a product
    Annexes.                                                               or a service may:
2.     A Party shall notify the other Party of the identity of a           (a) compromise the health or safety of persons;
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               (b) not meet the applicable legislative, regulatory, or adminis­
Paragraph 6 of this Article.                                                   trative measures of that Party within the scope of this
                                                                               Agreement; or
3.     The entities identified in Appendix 1 and 2 shall be
deemed to comply with the provisions of Paragraph 1 of this                (c) otherwise fail to satisfy a requirement within the scope of
Article for the implementation of the Annexes at the time of                   the applicable Annex to this Agreement.
entry into force of this Agreement.
                                                                           2.     Where either Party takes measures pursuant to Paragraph
4.     The Parties shall ensure that their Competent Authorities           1 of this Article, it shall inform the other Party in writing
are capable and remain capable of properly assessing                       within 15 working days of taking such measures, providing
conformity of products or organisations, as applicable and as              reasons for it.
 ---pagebreak--- L 273/6               EN                          Official Journal of the European Union                                        19.10.2011
                             Article 7                                    assistance in any investigation or enforcement proceedings of
                                                                          any alleged or suspected violation of any laws or regulations
                         Communication                                    under the scope of this Agreement. In addition, each Party shall
1.     The Parties agree that communications between them­                notify the other promptly of any investigation when mutual
selves for the implementation of this Agreement shall be dealt            interests are involved.
with by:
                                                                                                      Article 8 bis
(a) as regards technical matters, the Technical Agents;                                    Exchange of safety information
                                                                          1.     The Parties agree, subject to applicable laws and regu­
(b) as regards all other matters:                                         lations, to have a proactive approach, coordinate safety
                                                                          policies and initiatives, exchange information and data, and
                                                                          develop joint programs in order to increase capabilities to
     — for the Government of the Federative Republic of Brazil:
                                                                          predict and prevent or mitigate potential risks for civil
         Ministry of External Relations and ANAC, where
                                                                          aviation with a view to implementing an oversight system for
         applicable;
                                                                          all aircraft operating in their territories.
     — for the European Union: the European Commission and
                                                                          2.     The Parties agree, in accordance with the provisions of
         the Competent Authorities of the Member States, where
                                                                          Article 11 and subject to their applicable legislation:
         applicable.
                                                                          (a) to provide each other, on request and in a timely manner,
2.     Upon signature of this Agreement the Parties will
                                                                               information and assistance related to accidents, incidents or
communicate to each other the relevant contact points.
                                                                               occurrences related to the subject matters covered by this
                                                                               Agreement; and
                             Article 8
   Regulatory Cooperation, Assistance and Transparency                    (b) to exchange other safety information relating to aircraft
                                                                               operations and results of surveillance activities including
1.     Each Party shall ensure that the other Party is kept                    of ramp inspections on aircraft using the airports of each
informed of all its relevant laws, regulations, standards, and                 Party in accordance with procedures developed by the
requirements, and of its certification system.                                 Technical Agents.
2.     The Parties shall notify each other of their proposed                                            Article 9
significant revisions to their relevant laws, regulations,
standards, and requirements, and to their certification systems                            Joint Committee of the Parties
insofar as these revisions may have an impact on this                     1.     A Joint Committee is established, consisting of represen­
Agreement. To the maximum extent practicable, they shall                  tatives from each Party. The Joint Committee shall be
offer each other an opportunity to comment on such                        responsible for the effective functioning of this Agreement
revisions and give due consideration to such comments.                    and shall meet at regular intervals to evaluate the effectiveness
                                                                          of its implementation.
3.     The Parties shall, as appropriate, develop procedures on
regulatory cooperation and transparency for all activities they           2.     The Joint Committee may consider any matter related to
conduct which fall within the scope of this Agreement.                    the functioning and implementation of this Agreement. In
                                                                          particular it shall be responsible for:
4.     To promote the continued understanding of and compati­
bility between each Party’s civil aviation safety regulatory              (a) reviewing and taking appropriate action with respect to
systems, each Technical Agent may participate in the other’s                   contestations as specified in Article 5;
internal quality assurance.
                                                                          (b) resolving any question relating to the application and imple­
5.     For the purpose of investigating and resolving safety issues            mentation of this Agreement, including those questions not
by cooperation, the Parties shall allow each other to participate              otherwise resolved according to the procedure established in
in each other’s inspections and audits on a sample basis or                    the Annexes;
conduct joint inspections and audits as appropriate. For
purposes of surveillance and inspections, each Party’s
Technical Agent and Competent Authorities shall assist the                (c) considering ways to enhance the operation of this
other Party’s Technical Agent with the objective of gaining                    Agreement and make, as appropriate, recommendations to
unimpeded access to regulated entities subject to its jurisdiction.            the Parties for the amendment of this Agreement pursuant
                                                                               to Paragraph 4 of Article 16;
6.     The Parties agree, subject to applicable laws and regu­
lations, to provide through their Technical Agents or                     (d) considering specific amendments to the Annexes pursuant
Competent Authorities as appropriate mutual cooperation and                    to Paragraph 5 of Article 16;
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(e) coordinating, as appropriate, the development of additional             Competent Authority to disclose to the public, information
    Annexes pursuant to Paragraph 5 of Article 16; and                      received from each other under this Agreement that constitutes
                                                                            trade secrets, intellectual property, confidential commercial or
                                                                            financial information, proprietary data, or information that
(f) adopting, as appropriate, working procedures on regulatory              relates to an ongoing investigation. To this end such
    cooperation and transparency for all activities referred to in          information shall be considered proprietary and be appro­
    Article 4.                                                              priately marked as such.
3.     The Joint Committee shall draw up its own rules of
procedure within 1 year of the entry into force of this                     3.     A Party or a Competent Authority may, upon providing
Agreement.                                                                  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.
                              Article 10
      Suspension of Reciprocal Acceptance Obligations
                                                                            4.     Each Party shall take all reasonable precautions necessary
1.     A Party may suspend, in whole or in part, its obligations            to protect information received under this Agreement from
specified under an Annex of this Agreement, where:                          unauthorized disclosure.
(a) the other Party fails to fulfil its obligations specified under
    that Annex of this Agreement;                                                                        Article 12
                                                                                                      Cost recovery
(b) one or more of its own Competent Authorities cannot                     1.     Neither Party shall impose fees or charges on natural or
    implement new or additional requirements adopted by the                 legal persons whose activities are regulated under this
    other Party in the field covered by the Annex of this                   Agreement for conformity assessment services covered under
    Agreement; or                                                           this Agreement and provided by the other Party.
(c) the other Party fails to maintain the legal and regulatory
    means and measures required to implement the provisions                 2.     Each Party shall endeavour to ensure that any fees or
    of this Agreement.                                                      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
2.     Before suspending its obligations, a Party shall request             surveillance services provided, and shall not create a barrier to
consultations under Article 15. Should consultations not                    trade.
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
                                                                            3.     Each Party’s Technical Agent shall have the right to
approvals under the Annex over which there is disagreement.
                                                                            recover through fees and charges applied to natural or legal
Such notification shall be in writing and detail the reasons for
                                                                            persons whose activities are regulated under this Agreement,
suspension.
                                                                            the costs related to the implementation of the applicable
                                                                            Annex and of audits and inspections made in application of
3.     Such suspension shall take effect 30 days after the date of          Paragraph 5 of Article 5 and Article 8bis.
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                                           Article 13
shall not affect the validity of findings of compliance, certificates
and approvals made by the Party’s Technical Agents or                                               Other Agreements
Competent Authority in question prior to the date the                       1.     Except where otherwise specified in the Annexes, obli­
suspension took effect. Any such suspension that has become                 gations contained in agreements concluded by either Party
effective may be rescinded immediately upon an exchange of                  with a third country not party to this Agreement shall have
written correspondence to that effect by the Parties.                       no force and effect with regard to the other Party in terms of
                                                                            acceptance of the results of conformity assessment procedures
                              Article 11                                    in the third country.
                          Confidentiality
1.     Each Party agrees to maintain, to the extent required                2.     Upon entry into force, this Agreement shall supersede any
under its legislation, the confidentiality of information                   bilateral aviation safety agreements or arrangements between
received from the other Party under this Agreement.                         the Government of the Federative Republic of Brazil and the
                                                                            Member States of the European Union with respect to any
                                                                            matters covered by this Agreement. Upon entry into force,
2.     In particular, subject to their respective legislation, the          this Agreement shall also supersede any prior arrangements
Parties shall neither disclose to the public, nor permit a                  between the Technical Agents.
 ---pagebreak--- L 273/8              EN                           Official Journal of the European Union                                       19.10.2011
3.     This Agreement shall not affect the rights and obligations         notice of termination has been withdrawn by mutual consent of
of the Parties under any other international agreement.                   the Parties before the expiry of this period.
                           Article 14
                                                                          3.     Where a Party seeks to amend the Agreement by
                    Territorial Application                               removing or adding one or more Annexes and preserving the
Except where otherwise specified in the Annexes of this                   other Annexes, the Parties shall seek to amend this Agreement
Agreement, this Agreement shall apply, on the one hand, to                by consensus, in accordance with the procedures in this Article.
the territories in which the Treaty on the functioning of the             Failing consensus to preserve the other Annexes, the Agreement
European Union applies, and under the conditions laid down in             shall terminate at the end of 6 months from the date of notice
that Treaty and, on the other hand, to the territory of the               unless otherwise agreed by the Parties.
Federative Republic of Brazil.
                           Article 15                                     4.     Parties may amend this Agreement by mutual written
                                                                          consent. An amendment to this Agreement shall enter into
        Consultations and Settlement of Disagreements                     force on the date of the latest written notification by one
                                                                          Party to the other Party that its domestic procedures for entry
1.     Either Party may request consultations with the other
                                                                          into force have been completed.
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.                                                                     5.     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
2.     The Parties shall make every effort to resolve any                 between the Parties. These amendments shall enter into force
disagreement between them regarding their cooperation under               subject to the terms agreed in the exchange of Diplomatic
this Agreement at the lowest possible technical level by consul­          Notes.
tation in accordance with provisions contained in the Annexes
to this Agreement.
                                                                          6.     Following termination of this Agreement, each Party shall
3.     In the event that any disagreement is not resolved as              maintain the validity of any Airworthiness Approvals, Environ­
provided for in Paragraph 2 of this Article, either Technical             mental Approvals or certificates issued under this Agreement
Agent may refer the disagreement to the Joint Committee of                prior to its termination, subject to their continued compliance
the Parties, which shall consult on the matter.                           with that Party’s applicable laws and regulations.
                           Article 16
       Entry Into Force, Termination and Amendment                        IN WITNESS WHEREOF, the undersigned duly authorized to that
                                                                          effect, have signed this Agreement.
1.     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.          Done, in duplicate, at Brasília, on the fourteenth day of July in
The Agreement shall remain in force until terminated by either            the year two thousand and ten, in the Bulgarian, Czech, Danish,
Party.                                                                    Dutch, English, Estonian, Finnish, French, German, Greek,
                                                                          Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
2.     A Party may terminate this Agreement at any time upon 6            Portuguese, Romanian, Slovakian, Slovenian, Spanish and
months written notification to the other Party, unless the said           Swedish languages, each version being equally authentic.
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           За Европейския съюз
           Por la Unión Europea
           Za Evropskou unii
           For Den Europæiske Union
           Für die Europäische Union
           Euroopa Liidu nimel
           Για την Ευρωπαϊκή Ένωση
           For the European Union
           Pour l'Union européenne
           Per l'Unione europea
           Eiropas Savienības vārdā –
           Europos Sąjungos vardu
           Az Európai Unió részéről
           Għall-Unjoni Ewropea
           Voor de Europese Unie
           W imieniu Unii Europejskiej
           Pela União Europeia
           Pentru Uniunea Europeană
           Za Európsku úniu
           Za Evropsko unijo
           Euroopan unionin puolesta
           För Europeiska unionen
           За правителството на Федеративна република Бразилия
           Por el Gobierno de la República Federativa de Brasil
           Za vládu Brazilské Federativní republiky
           For den Føderative Republik Brasiliens regering
           Für die Regierung der Föderativen Republik Brasilien
           Brasiilia Liitvabariigi valitsuse nimel
           Για την κυβέρνηση της Ομόσπονδης Δημοκρατίας της Βραζιλίας
           For the Government of the Federative Republic of Brazil
           Pour le gouvernement de la République fédérative du Brésil
           Per il governo della Repubblica federativa del Brasile
           Brazīlijas Federatīvās Republikas valdības vārdā –
           Brazilijos Federacinės Respublikos Vyriausybės vardu
           A Brazil Szövetségi Köztársaság kormánya részéről
           Għall-Gvern tar-Repubblika Federativa tal-Brażil
           Voor de regering van de Federale Republiek Brazilië
           W imieniu rządu Federacyjnej Republiki Brazylii
           Pelo Governo da República Federativa do Brasil
           Pentru Guvernul Republicii Federative a Braziliei
           Za vládu Brazílskej federatívnej republiky
           Za Vlado Federativne Republike Brazilije
           Brasilian liittotasavallan hallituksen puolesta
           För Förbundsrepubliken Brasiliens regering
 ---pagebreak--- L 273/10         EN                            Official Journal of the European Union                                          19.10.2011
                                                               Appendix 1
         List of competent authorities which are deemed to comply with the provisions of paragraph 1 of Article 5 as
                                                           regards Annex A
         1. Competent authorities as regards design approvals:
            for the Government of the Federative Republic of Brazil: the National Civil Aviation Agency – ANAC;
            for the European Union: the European Aviation Safety Agency – EASA.
         2. Competent authorities as regards production oversight:
            for the Government of the Federative Republic of Brazil: the National Civil Aviation Agency – ANAC;
            for the European Union: the European Aviation Safety Agency – EASA and
            the Competent Authorities of Member States.
                                                               Appendix 2
         Competent Authorities which are deemed to comply with the provisions of paragraph 1 of Article 5 as regards
                                                               Annex B
         1. Competent Authorities for the Government of the Federative Republic of Brazil, which are deemed to comply with the
            provisions of Paragraph 1 of Article 5 as regards Annex B: the National Civil Aviation Agency – ANAC.
         2. Competent Authorities of the 27 EU Member States, which are deemed to comply with the provisions of Paragraph 1
            of Article 5 as regards Annex B: the Competent Authorities of Member States.
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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.
           1.1.3. The reciprocal acceptance of the approvals of design changes and repair designs of Civil Aeronautical Products
                  performed under the authority of either Party.
           1.1.4. 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) ‘Authorized Release Certificate’ means a declaration by a person or organisation under the jurisdiction of the
                      Exporting Party that a Civil Aeronautical Product, other than a complete aircraft, is either a newly manu­
                      factured product or is released after maintenance has been performed on it.
                  (b) ‘Export Certificate of Airworthiness’ means an export declaration by a person or organisation 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.
                  (c) ‘Exporting Party’ means the Party from which a Civil Aeronautical Product is exported.
                  (d) ‘Importing Party’ means the Party to which a Civil Aeronautical Product is imported.
           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:
                  (a) Civil Aeronautical Product certification;
                  (b) production, where different from persons covered by subparagraph 2.1.1(a) of this Procedure;
                  (c) certification regulations and standards and
                  (d) 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) decide, as appropriate, on working procedures to be used to facilitate the certification process;
                  (b) decide, as appropriate, on technical standard orders for the purposes of subparagraph 3.3.7 of this Procedure;
                  (c) evaluate regulatory changes in each Party to ensure that certification requirements remain current;
 ---pagebreak--- L 273/12        EN                               Official Journal of the European Union                                              19.10.2011
                (d) elaborate, as appropriate, proposals for the Joint Committee regarding amendments to this Procedure, other
                    than those referred to in subparagraph 2.2.1(b) of this Procedure;
                (e) ensure that the Parties share a common understanding of this Procedure;
                (f) ensure that the Parties apply this Procedure in a consistent manner;
                (g) 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;
                (h) organise, as appropriate, reciprocal participation by one Party in the other Party’s internal standardisation or
                    quality control system;
                (i) identify, where appropriate, focal points responsible for the certification of each Civil Aeronautical Product
                    imported or exported between the Parties; and
                (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.
         2.2.2. Should the Joint Sectorial Committee on Certification be unable to resolve differences in accordance with
                subparagraph 2.2.1(g) of this Procedure, 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 for airworthiness 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 and for environmental protection the applicable standards
                for a similar product of its own that were applicable when the application for the Type Certificate was
                submitted to the Importing Party.
         3.2.2. Subject to subparagraph 3.2.5 of this Procedure 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
                of this Procedure when it considers such change appropriate for the design change or repair design.
         3.2.3. Subject to subparagraph 3.2.5 of this Procedure, the Importing Party shall specify any special condition applied
                or intended to be applied to novel or unusual features not covered by the applicable airworthiness and
                environmental standards.
         3.2.4. Subject to subparagraph 3.2.5 of this Procedure, 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 Aeronautical Products of the Exporting Party and their
                certification.
 ---pagebreak--- 19.10.2011          EN                              Official Journal of the European Union                                                L 273/13
           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) the Exporting Party has issued its own certificate;
                    (b) 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 of this Procedure; and
                    (c) all issues raised during the certification process have been resolved.
           Type Certificate Changes
           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 of this Procedure. 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.
           Supplemental Type Certificate Change
           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 of this Procedure. 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.
           Repair Design Approval
           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 of this Procedure. 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.
 ---pagebreak--- L 273/14        EN                               Official Journal of the European Union                                             19.10.2011
         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.
         3.4.3. The Exporting Party shall ensure that information related to Operational Requirements that impact design is
                made available to the Importing Party during the certification process.
         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. To that end, their Technical Agents shall exchange relevant
                information on failures, malfunctions, defects or other occurrences affecting Civil Aeronautical Products to which
                this Agreement applies reported by their respective regulated entities. The exchange of this information shall be
                considered to fulfil the obligation of each approval holder to report failures, malfunctions, defects or other
                occurrences to the other Party’s Technical Agent under the other Party’s applicable law.
         3.5.2. The Exporting Party shall, in respect of Civil Aeronautical Products designed or manufactured under its juris­
                diction, 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 juris­
                diction, 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 manu­
                factured 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 organisation to assume production quality assurance and control of Civil Aeronautical Products is
                sufficiently controlled by the oversight of such organisation 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.
         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 of this Procedure.
         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 of this Procedure.
         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.
 ---pagebreak--- 19.10.2011          EN                               Official Journal of the European Union                                             L 273/15
           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) conforms to a type design approved by the Importing Party in accordance with this Procedure;
                    (b) is in a condition for safe operation, including compliance with the applicable airworthiness directives of the
                        Importing Party, as notified by that Party;
                    (c) 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) conforms to a type design approved by the Importing Party in accordance with this Procedure;
                    (b) is in a condition for safe operation, including compliance with all applicable airworthiness directives of the
                        Importing Party, as notified by that Party;
                    (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) the configuration of the aircraft at the time it left the manufacturer; and
                    (b) 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) of this Procedure
                    have been met.
           5.2.2.4. The Importing Party may request inspection and maintenance records that include, but are not limited to:
                    (a) the original or certified true copy of an Export Certificate of Airworthiness, or its equivalent, issued by the
                        Exporting Party;
                    (b) 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
                    (c) 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.     Authorised 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) conforms to a type design approved by the Importing Party in accordance with this Procedure;
                    (b) is in a condition for safe operation, including compliance with the applicable airworthiness directives of the
                        Importing Party, as notified by that Party; and
                    (c) meets all additional requirements prescribed by the Importing Party, as notified by that Party.
 ---pagebreak--- L 273/16          EN                               Official Journal of the European Union                                          19.10.2011
         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, or 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.       Support for certification activities
         6.1.     The Parties, where appropriate through their Competent Authorities, shall provide, upon request, technical
                  support and information for certification activities.
         6.2.     Types of support may include, but are not limited to, the following:
         6.2.1.   Operational Suitability Data
                  Development of minimum operational suitability requirements (covering, inter alia, minimum flight crew and
                  flight crew member training requirements)
         6.2.2.   Determination of Compliance:
                  (a) to witness tests;
                  (b) to perform compliance and conformity inspections;
                  (c) to review reports; and
                  (d) to obtain data.
         6.2.3.   Monitoring and Oversight:
                  (a) to witness first article inspection of parts;
                  (b) to monitor the controls on special processes;
                  (c) to conduct sample inspections on production parts;
                  (d) to monitor the activities of delegated persons or approved organisations referred to in Paragraph 5 of
                       Article 3, of the Agreement;
                  (e) to conduct investigations of service difficulties; and
                  (f) to evaluate and oversee production quality systems.
 ---pagebreak--- 19.10.2011          EN                              Official Journal of the European Union                                               L 273/17
                                                                     ANNEX B
                                                      PROCEDURE FOR MAINTENANCE
           1.     Scope
                  This Procedure (hereinafter referred to as the ‘Procedure’) applies to the reciprocal acceptance of findings in the
                  field of aircraft maintenance for aircraft and components intended for installation thereon.
           2.     Applicable Legislation
           2.1.   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 Section 8 of this Procedure amounts to
                  compliance with the applicable legislation of the other Party.
           2.2.   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.
           2.3.   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) ‘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;
                  (b) ‘Component’ means any engine, propeller, part or appliance;
                  (c) ‘Large aircraft’ means an aircraft, classified as an aeroplane with a maximum take-off mass of more than
                       5 700 kg, or a multi-engined helicopter; and
                  (d) ‘Modification’ means a change to a design of a Civil Aeronautical Product affecting the construction,
                       configuration, performance, environmental characteristics, or operating limitations.
                  (e) ‘Alteration’ means a change to a Civil Aeronautical Product affecting the construction, configuration,
                       performance, environmental characteristics, or operating limitations.
           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) the approval of maintenance organisations;
                  (b) the implementation of legislation and standards relating to maintenance organisations;
                  (c) the internal standardisation inspections or quality control systems.
           4.1.2. Any other person, as jointly decided by the Parties, who can facilitate the fulfilment of 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.
 ---pagebreak--- L 273/18          EN                              Official Journal of the European Union                                               19.10.2011
         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) evaluate the regulatory changes in the Parties to ensure that the requirements detailed in Section 8 of this
                    Procedure remain current;
                (b) ensure that the Parties share a common understanding of this Procedure;
                (c) ensure that the Parties apply this Procedure in a consistent manner;
                (d) resolve any difference on technical issues arising out of the interpretation or the implementation of this
                    Procedure, including differences that may arise out of the interpretation or the implementation of this
                    Procedure;
                (e) organise, as appropriate, reciprocal participation by one Party in the other Party’s internal standardisation or
                    quality control system; and
                (f) elaborate, as appropriate, proposals for the Joint Committee regarding amendments to this Procedure.
         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.   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 organisation manual in
                order to comply with the requirements set out in Section 8 of this Procedure. When it is satisfied that the
                supplement meets the requirements set out in Section 8 of this Procedure, 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.
         5.2.   The approval issued in accordance with Paragraph 5.1 of this Procedure 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.
         5.3.   Recognition of an approval certificate pursuant to Paragraph 5.2 of this Procedure shall apply to the maintenance
                organisation 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.
         5.4.   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.
         5.5.   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 of this Procedure, including revocation or suspension of
                the approval.
         6.     Non-compliance
         6.1.   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.
 ---pagebreak--- 19.10.2011        EN                             Official Journal of the European Union                                               L 273/19
           6.2. 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 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 main­
                tenance functions on Civil Aeronautical Products under its regulatory oversight.
           6.3. The bodies responsible for communicating under this Section 6 of this Procedure 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 requirements described in this Procedure
                    by maintenance organisations under the jurisdiction of either Party;
                (b) conduct of and reporting on investigations; and
                (c) technical evaluation.
           8.   Specific Regulatory Requirements
           8.1. 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 organization manual which shall, at a minimum, provide the following:
                (a) a statement of commitment signed by the current accountable manager that the organisation shall comply
                    with the manual and its supplement;
                (b) 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 manu­
                    factured or maintained by organisations acceptable to the other Party;
                (c) that the customer issuing the work order has established the approval of the appropriate Competent Authority
                    for any design data for alterations and repairs;
                (d) that the release of Civil Aeronautical Product is in conformity with applicable legislative and regulatory
                    requirements;
                (e) that any Civil Aeronautical Product under the jurisdiction of the other Party found any serious defects or un-
                    airworthy condition shall be reported to the other Party and customer.
           8.2. The recognition provided under Paragraph 8.1 of this Procedure shall apply when transitional arrangements for the
                demonstration of the capability of the oversight of maintenance organisations have been implemented by the
                Technical Agents.
 ---pagebreak--- L 273/20          EN                                  Official Journal of the European Union                                            19.10.2011
                                                                     Appendix B1
                                                                  Special Conditions
         1.     EASA SPECIAL CONDITIONS APPLICABLE TO BRAZILIAN BASED REPAIR STATIONS
         1.1.   To be approved in accordance with EASA Part 145, pursuant to the terms of this Annex, the repair station shall
                comply with all of the following Special Conditions:
         1.1.1. The repair station shall submit an application in a form and a manner acceptable to EASA.
                (a) The application for both initial and continuation of the EASA approval shall include a statement demonstrating
                    that the EASA certificate and/or rating is necessary for maintaining or altering aeronautical products registered
                    or designed in an EU Member State or parts fitted thereon.
                (b) The repair station shall provide a supplement to its Maintenance Organisation Manual that is verified and
                    accepted by the ANAC on behalf of EASA. All revisions to the supplement must be accepted by the ANAC.
                    The supplement shall include the following:
                        (i) A statement by the accountable manager of the repair station, as defined in the current version of EASA
                            Part 145 which commits the repair station to compliance with this Annex and the Special Conditions as
                            listed.
                       (ii) Detailed procedures for the operation of an independent quality monitoring system including oversight of
                            all multiple facilities and line stations within the territory of the Federative Republic of Brazil.
                      (iii) Procedures for the release or approval for return to service that meet the requirements of EASA Part 145
                            for aircraft and the use of the ANAC Form SEGVOO 003 for aircraft components, and any other
                            information required by the owner or operator as appropriate.
                      (iv) For airframe/aircraft rated facilities, procedures to ensure that the certificate of airworthiness and the
                            Airworthiness Review Certificate are valid prior to the issue of a release to service document.
                       (v) Procedures to ensure that repairs and modifications as defined by EASA requirements are accomplished in
                            accordance with data approved by EASA.
                      (vi) A procedure for the repair station to ensure that the ANAC approved initial and recurrent training
                            programme and any revision thereto include human factors training.
                     (vii) Procedures for reporting non-airworthy conditions as required by EASA Part 145 on civil aeronautical
                            products to the EASA, aircraft design organisation, and the customer or operator.
                    (viii) Procedures to ensure completeness of, and compliance with, the customer or operator work order or
                            contract including notified EASA airworthiness directives and other notified mandatory instructions.
                      (ix) Procedures in place to ensure that contractors meet the terms of these implementation procedures; that
                            is, using an EASA approved Part 145 organisation or, if using an organisation which does not hold an
                            EASA Part 145 approval, the repair station returning the product to service is responsible for ensuring its
                            airworthiness.
                       (x) Procedures to permit work away from the fixed location on a recurring basis, when applicable.
                      (xi) Procedures to ensure appropriate covered hangars are available for base maintenance of aircraft.
 ---pagebreak--- 19.10.2011          EN                                 Official Journal of the European Union                                            L 273/21
           1.2.   To continue to be approved in accordance with EASA Part 145, pursuant to the terms of this Annex, the repair
                  station shall comply with the following. The ANAC shall verify that the repair station:
                  (a) Allow EASA, or the ANAC on behalf of EASA, to inspect it for continued compliance with the requirements of
                       the Brazilian Regulation RBHA145 and these Special Conditions (i.e., EASA Part 145).
                  (b) Accept that investigation and enforcement action may be taken by EASA in accordance with any relevant EU
                       regulations and EASA procedures.
                  (c) Cooperate with any EASA investigation or enforcement action.
                  (d) Continue to comply with Brazilian Regulation RBHA145, and these Special Conditions.
           2.     ANAC SPECIAL CONDITIONS APPLICABLE TO EC BASED APPROVED MAINTENANCE ORGANISATIONS
                  (AMOs)
           2.1.   To be approved in accordance with Brazilian Regulation RBHA145, pursuant to the terms of this Annex, the AMO
                  shall comply with all of the following Special Conditions:
           2.1.1. The AMO shall submit an application in a form and a manner acceptable to the ANAC.
                  (a) The application for both initial and renewed ANAC certification shall include a statement demonstrating that
                       the ANAC repair station certificate and/or rating is necessary for maintaining or altering Brazilian registered
                       aeronautical products or foreign registered aeronautical products operated under the provisions of Brazilian
                       Regulations RBHA.
                  (b) The AMO must provide a supplement in English to its MOE that is approved by the Aviation Authority and
                       maintained at the AMO. Once approved by the Aviation Authority, the supplement shall be deemed accepted
                       by the ANAC. All revisions to the supplement must be approved by the Aviation Authority. The ANAC
                       supplement to the MOE shall include the following:
                           (i) A signed and dated statement by the accountable manager that obligates the organisation to comply with
                               the Annex.
                          (ii) A summary of its quality system which shall also cover the ANAC special conditions.
                         (iii) Procedures for approval for release or return to service that satisfy the requirements of Brazilian Regu­
                               lation RBHA 43 for aircraft and use of EASA Form 1 for components. This includes the information
                               required by Brazilian regulations RBHA 43.9 and 43.11 and all information required to be made or kept
                               by the owner or operator in English as appropriate.
                         (iv) Procedures for reporting to the ANAC failures, malfunctions, or defects, and Suspected Unapproved Parts
                               (SUP) discovered, or intended to be installed, on Brazilian aeronautical products.
                          (v) Procedures to notify the ANAC regarding any changes to line stations that:
                               (1) are located in an EU Member State;
                               (2) maintain Brazilian registered aircraft; and
                               (3) that will impact the ANAC Operations Specifications.
                         (vi) Procedures to qualify and monitor additional fixed locations within the EU Member States list in
                               Appendix 2 to this Annex.
                        (vii) Procedures in place to verify that all contracted/sub contracted activities include provisions for a non-
                               ANAC certificated source to return the Article to the AMO for final inspection/testing and return to
                               service.
 ---pagebreak--- L 273/22        EN                              Official Journal of the European Union                                            19.10.2011
                  (viii) Procedures for submitting, every 24 months, utilization reports to the ANAC identifying the list of the
                         Technical Personnel assigned to return to service a Brazilian aeronautical product.
                    (ix) Procedures to ensure that major repairs and major alterations/modifications (as defined in Brazilian
                         Regulations RBHA) are accomplished in accordance with data approved by the ANAC.
                     (x) Procedures to ensure compliance with air carrier’s Continuous Airworthiness Maintenance Programme
                         (CAMP), including the separation of maintenance from inspection on those items identified by the air
                         carrier/customer as Required Inspection Items (RII).
                    (xi) Procedures to ensure compliance with the manufacturer’s maintenance manuals or instructions for
                         continued airworthiness (ICAs) and handling of deviations. Procedures to ensure that all current and
                         applicable airworthiness directives (ADs) published by the ANAC are available to maintenance personnel
                         at the time the work is being performed.
                   (xii) Procedures to confirm that the AMO have an employee in its technical staff who is able to read and plain
                         understand the Brazilian Regulations. This requirement is also important regarding Maintenance Records
                         in Portuguese.
                  (xiii) Procedures to permit work away from fixed location on a recurring basis, when applicable.
                  (xiv) Procedures to maintain, at least for 5 (five) years, each Work Order with all attached supplementary
                         forms and part certifications.
                   (xv) Procedures to certify Annual Maintenance Inspection (IAM) or Airworthiness Conformity Report (RCA) in
                         form and manner established by ANAC, when an AMO is authorized to perform IAM or RCA.
         2.2. To continue to be approved in accordance with Brazilian Regulations RBHA 43 and 145, pursuant to the terms of
              this Appendix, the AMO shall comply with the following. The Aviation Authority shall verify that the AMO:
              (a) Allow ANAC, or the Aviation Authority on behalf of the ANAC, to inspect it for continued compliance with
                  the requirements of EASA Part 145 and these Special Conditions (i.e., RBHA 43 and 145)
              (b) Investigations and enforcement by the ANAC may be undertaken in accordance with ANAC rules and
                  directives;
              (c) The AMO must cooperate with any investigation or enforcement action;
              (d) The AMO must continue to comply with EASA Part 145 and these Special Conditions;
              (e) When regulatory compliance is maintained, this permits the ANAC to renew the AMO’s certification every 24
                  months.