CELEX: 22011A1109(01)
Language: en
Date: 2008-06-30 00:00:00
Title: Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety

9.11.2011              EN                               Official Journal of the European Union                                          L 291/3
                                                                     AGREEMENT
              between the United States of America and the European Community on cooperation in the
                                                        regulation of civil aviation safety
              THE UNITED STATES OF AMERICA,
              and
              THE EUROPEAN COMMUNITY
              hereinafter referred to as ‘the Parties’,
              DESIRING to build upon decades of trans-Atlantic cooperation in civil aviation safety and environmental testing and
              approvals;
              SEEKING to improve the long-standing cooperative relationship between Europe and the United States to ensure a high
              level of civil aviation safety worldwide and to minimise economic burdens on the aviation industry and operators from
              redundant regulatory oversight;
              COMMITTED to ensuring the continued operational safety of the civil aviation fleet and the timely exchange of in-service
              information;
              COMMITTED to developing a comprehensive system of regulatory cooperation in civil aviation safety and environmental
              testing and approvals based on continuous communication and mutual confidence; and
              ACKNOWLEDGING the rights and obligations of the United States and Member States of the European Community (the
              ‘Member States’) under the Convention on International Civil Aviation done at Chicago on 7 December 1944 (‘Chicago
              Convention’) and its annexes,
              HAVE AGREED AS FOLLOWS:
                                Article 1                                       E. ‘Environmental testing’ means a process by which the design
                                                                                    or change to a design of a civil aeronautical product is
                              Definitions                                           evaluated for compliance with applicable standards and
For the purposes of this Agreement, the term:                                       procedures concerning noise, fuel venting or exhaust
                                                                                    emissions.
A. ‘Airworthiness Approval’ means a finding that the design or
   change to a design of a civil aeronautical product meets                     F. ‘Technical Agent’ means, for the United States, the Federal
   applicable standards or that an individual product                               Aviation Administration (FAA); and for the European
   conforms to a design that has been found to meet those                           Community, the European Aviation Safety Agency (EASA).
   standards and is in a condition for safe operation.
                                                                                G. ‘Maintenance’ means the performance of any one or more of
B. ‘Aviation Authority’ means a responsible government agency                       the following actions: inspection, overhaul, repair, preser­
   or entity of a European Union Member State that exercises                        vation, or the replacement of parts, materials, appliances,
   legal oversight on behalf of the European Community over                         or components of a civil aeronautical product to assure
   regulated entities and determines their compliance with                          the continued airworthiness of such a product; or the instal­
   applicable standards, regulations, and other requirements                        lation of previously approved alterations or modifications
   within the jurisdiction of the European Community.                               carried out in accordance with requirements established by
                                                                                    the appropriate Technical Agent.
C. ‘Civil aeronautical product’ means any civil aircraft, aircraft
   engine, or propeller, or appliance, part, or component to be                 H. ‘Monitoring’ means the periodic surveillance to determine
   installed thereon.                                                               continuing compliance with the appropriate standards.
D. ‘Environmental approval’ means a finding that the design or                  I. ‘Regulated entity’ means any natural or legal person whose
   change to a design of a civil aeronautical product meets                         civil aviation safety and environmental testing and approval
   applicable standards concerning noise, fuel venting or                           activities are subject to the statutory and regulatory juris­
   exhaust emissions.                                                               diction of one or both of the Parties.
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                             Article 2                                   C.     The Board may consider any matter related to the func­
                                                                         tioning of this Agreement. In particular it shall be responsible
                      Purpose and Scope                                  for:
A.     The purposes of this Agreement are to:
                                                                         1) handling disputes as specified in Article 17;
1) enable the reciprocal acceptance, as provided in the Annexes
    to this Agreement, of findings of compliance and approvals
    issued by the Technical Agents and Aviation Authorities;             2) as appropriate, amending the Annexes in accordance with
                                                                             Article 19.B;
2) promote a high degree of safety in air transport;
                                                                         3) providing a forum for discussion of issues that may arise and
3) ensure the continuation of the high level of regulatory coop­             changes that may affect the implementation of this
    eration and harmonisation between the United States and                  Agreement;
    the European Community in the fields covered in
    paragraph B.
                                                                         4) providing a forum for discussion of common approaches to
B.     The scope of cooperation under this Agreement is:                     safety and environmental issues within the scope of this
                                                                             Agreement and for sharing information on aviation safety
                                                                             concerns on a regular basis, including consultation on
1) airworthiness approvals and monitoring of civil aeronautical              proposed new, and changes to existing, safety measures;
    products;
                                                                         5) providing a forum for early-warning discussions of draft
2) environmental testing and approvals of civil aeronautical
                                                                             regulations and legislation by either Party;
    products; and
3) approvals and monitoring of maintenance facilities.                   6) exchanging information on planned organisational changes;
C.     The Parties may agree to additional areas of cooperation          7) as appropriate, adopting additional Annexes;
and acceptance by written amendment of this Agreement in
accordance with Article 19.
                                                                         8) Making proposals, as appropriate, to the Parties to otherwise
                             Article 3                                       amend this Agreement.
                    Executive Management
A.     The Parties hereby establish a Bilateral Oversight Board                                        Article 4
(the ‘Board’), which shall be responsible for ensuring the                                       General Provisions
effective functioning of this Agreement and shall meet at
regular intervals to evaluate the effectiveness of its implemen­         A.     Each Party shall accept findings of compliance and
tation.                                                                  approvals made by the other Party’s Technical Agent and, in
                                                                         the case of the United States those made by Aviation
                                                                         Authorities, in accordance with the terms and conditions set
B.     The Board shall be composed of representatives of:                forth in the Annexes to this Agreement.
The United States of America, which shall be the Federal
Aviation Administration (co-chair),                                      B.     Except as specified in the Annexes to this Agreement, this
                                                                         Agreement shall not be construed to entail reciprocal
                                                                         acceptance or recognition of standards or technical regulations
and                                                                      of the Parties.
The European Community, which shall be the European
Commission (co-chair) assisted by the European Aviation                  C.     The Parties shall recognise each other’s systems of
Safety Agency and accompanied by the Aviation Authorities.               delegation to designees or regulated entities existing as of the
                                                                         date of entry into force of this Agreement as equivalent for the
                                                                         purpose of complying with each Party’s respective legal
The Board may invite the participation of subject-specific               requirements. The Parties shall give findings of compliance
experts on an ad hoc basis. The Board may establish and                  made by these designees or regulated entities, in accordance
oversee the work of technical working groups. The Board                  with the provisions in the Annexes, the same validity as those
shall develop and adopt internal governing procedures. All               made directly by a Technical Agent or Aviation Authority.
decisions of the Board shall be taken by consensus with each             Delegation systems implemented after the date of entry into
Party having one vote. These decisions shall be in writing and           force of this Agreement shall be subject to confidence
signed by the Parties’ representatives on the Board.                     building measures.
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D.      The Parties shall ensure that their Technical Agents and          6) provisions authorising the Technical Agents to develop and
Aviation Authorities fulfil their responsibilities under this                 conclude technical implementation procedures.
Agreement, including its Annexes.
E.     In the event that a design approval holder transfers its                                         Article 6
approval to another entity, the Technical Agent responsible
for the design approval shall promptly notify the other                             Regulatory Cooperation and Transparency
Technical Agent of the transfer.                                          A.     The Technical Agents shall develop and adopt procedures
                                                                          for regulatory cooperation in civil aviation safety and environ­
                                                                          mental testing and approvals, taking into account relevant
F.     This Agreement, including its Annexes, is binding on both          guidelines on regulatory cooperation between the Parties.
Parties.                                                                  Those procedures shall include the opportunity for consultation
                                                                          and participation, whenever possible, of experts from one
                                                                          Party’s Technical Agent, Aviation Authorities, and industry in
                               Article 5                                  the early stages of drafting civil aviation regulatory materials by
                                                                          the other Party.
                              Annexes
A.      For matters within the scope of Article 2.B (1), (2) and
(3), the Parties agree that each Party’s civil aviation standards,
rules, practices and procedures are sufficiently compatible to            B.     Subject to the availability of funds, the Parties shall ensure
permit reciprocal acceptance of approvals and findings of                 continued trans-Atlantic cooperation on significant aviation
compliance with agreed upon standards made by one Party                   safety initiatives, as appropriate.
on behalf of the other as specified in the Annexes. The
Parties also agree that there are technical differences between
their civil aviation systems and they are addressed in the
Annexes.                                                                                                Article 7
                                                                          Cooperation in Quality Assurance and Standardisation
                                                                                                 Inspection Activities
B.     For matters added to the scope of Article 2.B pursuant to
Article 2.C, the Parties or their representatives on the Board            To promote the continued understanding of and compatibility
shall develop new Annexes describing the terms and conditions             between each Party’s civil aviation safety regulatory systems,
for reciprocal acceptance of such findings of compliance and              each Technical Agent may participate in the other’s internal
approvals, when they agree that each Party’s civil aviation               quality assurance and standardisation inspection functions
standards, rules, practices and procedures in any of the added            related to accreditation and monitoring, as provided in the
areas of cooperation are sufficiently compatible to permit                Annexes.
acceptance of approvals and findings of compliance with
agreed upon standards made by one Party on behalf of the
other.
                                                                                                        Article 8
C.     Each of the Annexes shall, at a minimum, contain:                              Cooperation in Enforcement Activities
                                                                          The Parties agree, subject to applicable laws and regulations, to
                                                                          provide through their Technical Agents or Aviation Authorities
1) provisions to establish and maintain confidence in each                as appropriate mutual cooperation and assistance in any inves­
    Party’s Technical Agents’ and any relevant Aviation Auth­             tigation or enforcement proceedings of any alleged or suspected
    orities’ technical ability to make findings on behalf of the          violation of any laws or regulations under the scope of this
    other Party;                                                          Agreement. In addition, each Party shall notify the other
                                                                          promptly of any investigation when mutual interests are
                                                                          involved.
2) procedures for including and suspending the acceptance of
    findings of compliance and approvals made by specific
    Aviation Authorities;
                                                                                                        Article 9
3) a defined scope for the acceptance of findings of compliance                                Exchange of Safety Data
    and approvals between the Parties;                                    The Parties agree, subject to applicable laws and regulations,
4) provisions for technical consultations between the Technical
    Agents;                                                               A. To provide each other, on request, and in a timely manner,
                                                                              information available to their Technical Agents related to
                                                                              accidents or incidents involving civil aeronautical products
5) provisions for joint coordination bodies, as appropriate;                  or regulated entities, and
 ---pagebreak--- L 291/6               EN                          Official Journal of the European Union                                           9.11.2011
B. To exchange other safety information in accordance with                lishing the European Community is applied and under the
    procedures developed by the Technical Agents.                         conditions laid down in that Treaty (and any successor
                                                                          instrument).
                             Article 10
                                                                                                        Article 13
Applicable     Requirements, Procedures,         and    Guidance
                              Material                                                            Unimpeded Access
The Parties agree to notify each other of all applicable                  For purposes of surveillance and inspections, each Party’s
requirements, procedures and guidance material with respect               Technical Agent and Aviation Authorities shall assist the other
to matters covered by this Agreement.                                     Party’s Technical Agent with the objective of gaining unimpeded
                                                                          access to regulated entities subject to its jurisdiction.
                             Article 11
                                                                                                        Article 14
Protection     of   Proprietary Data       and    Requests     for
                                                                                                           Fees
                           Information
                                                                          Each Party shall endeavour to ensure that fees imposed by their
A.     The Parties recognise that information related to this
                                                                          Technical Agents on applicants and regulated entities for certifi­
Agreement submitted by a regulated entity or a Party may
                                                                          cation and approval related services under this Agreement are
contain intellectual property, trade secrets, confidential
                                                                          just, reasonable and commensurate with the services.
business information, proprietary data, or other data held in
confidence by that regulated entity or another person (restricted
information). Unless required by law, neither Party shall copy,
release, or show information identified as restricted to anyone                                         Article 15
other than an employee of that Party without prior written
consent of the person or entity possessing confidentiality                             Preservation of Regulatory Authority
interests in the restricted information.                                  Nothing in this Agreement shall be construed to limit the
                                                                          authority of a Party to:
B.     To the extent the European Community shares restricted
information with any Aviation Authority or with any entity                A. Determine, through its legislative, regulatory and adminis­
entrusted with the investigation of accidents and incidents in                trative measures, the level of protection it considers appro­
civil aviation, the European Community shall treat such                       priate for civil aviation safety and environmental testing and
restricted information as sensitive documents and ensure that                 approvals; and
such Aviation Authority or entity does not copy, release or
share such information with anyone other than an employee
of such Aviation Authority or entity, without prior written
                                                                          B. Take all appropriate and immediate measures necessary to
consent of the person or legal entity possessing confidentiality
                                                                              eliminate or minimise any derogation of safety. If either
interests in the restricted information.
                                                                              Party takes such action affecting activities within the scope
                                                                              of this Agreement, it shall inform the other Party where
                                                                              appropriate through a Technical Agent or an Aviation
C.     Requests from the public for information referred to in                Authority as soon as practicable, but no later than 15
paragraph A of this Article, including access to documents, shall             days after such action is taken.
be addressed in accordance with the applicable laws and regu­
lations that apply to the Party receiving such requests. A
Technical Agent receiving a request for such information                  C. Make changes to its regulations, procedures or standards and
supplied by the other Party or its regulated entities shall                   apply them to its regulated entities. If any such changes
consult with the other Party’s Technical Agent prior to                       could affect implementation of this Agreement, either
releasing such information. The Technical Agents shall provide                Party, or its Technical Agent, may request consultations
assistance to each other in responding to these requests as                   under Article 17, with a view to amending this agreement.
necessary.                                                                    Regardless of the results of such consultations, nothing in
                                                                              this Agreement shall prevent the Party concerned from
                                                                              making the change and applying it to its regulated entities.
                             Article 12
                           Applicability                                                                Article 16
Unless otherwise provided in the Annexes to this Agreement,                                        Other Agreements
this Agreement shall apply, on the one hand, to the United
States civil aviation regulatory system as applied in the                 A.     Except as otherwise specified in the Annexes to this
territory of the United States of America, and on the other               Agreement, rights and obligations contained in any agreement
hand, to the European Community civil aviation regulatory                 concluded by either Party with a third party shall have neither
system as applied in the territories in which the Treaty estab­           force nor effect upon the other Party under this Agreement.
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B.     In light of and upon entry into force of this Agreement,                                          Article 19
the United States of America shall take necessary measures, and
the European Community shall ensure pursuant to the Treaty                        Entry into Force, Amendments, and Termination
establishing the European Community that the Member States                  A.     This Agreement, including its Annexes, shall enter into
of the European Union take necessary measures to amend or                   force on the first day of the second month following the date
terminate, as appropriate, the bilateral agreements listed in               on which the Parties have exchanged diplomatic notes
Attachment 1 between the United States and individual                       confirming the completion of their respective procedures for
Member States of the European Union.                                        entry into force of this Agreement.
C.     Unless otherwise provided in the Annexes, findings of                B.     This Agreement may be amended in writing by mutual
compliance and approvals valid at the date of entry into force              consent of the Parties. Such amendments shall enter into force
of this Agreement and previously accepted by the United States              on the first day of the second month following the date on
or a Member State of the European Union under one of the                    which the Parties have exchanged diplomatic notes confirming
bilateral aviation safety agreements or bilateral airworthiness             the completion of their respective procedures for entry into
agreements listed in Attachment 1 shall be considered valid                 force of this Agreement or any amendments thereto.
by the Parties to this Agreement under the terms as accepted                Amendments of the Annexes may be effected by a decision
under the listed agreements, until the approvals are replaced or            of the Board.
cancelled.
                                                                            C.     Any individual Annex developed by the Board after the
                              Article 17                                    date of entry into force of this Agreement shall enter into force
                                                                            upon a decision of the Board.
           Consultations and Settlement of Disputes
A.     Either Party may request consultations with the other
Party on any matter related to this Agreement. The other                    D.     This Agreement shall remain in force until terminated by
Party shall reply promptly to such a request and shall enter                either Party. Such termination shall be effected by 60 days’
into consultations at a time agreed by the Parties within 45                written notification from one Party to the other Party. Such
days.                                                                       termination shall also act to terminate any amendments of
                                                                            this Agreement and all Annexes to this Agreement. Such termi­
                                                                            nation shall not affect the validity of any certificates and other
                                                                            approvals granted by the Parties under the terms of this
B.     The Parties’ Technical Agents shall attempt to resolve any
                                                                            Agreement, including its Annexes.
disagreement between them regarding their cooperation under
this Agreement by consultation in accordance with provisions
contained in the Annexes to this Agreement.
                                                                            E.    Individual Annexes to the Agreement may be terminated
                                                                            by either Party. Termination of any individual Annex shall be
                                                                            effective 60 days following the date of receipt of notice of
C.     In the event that the Technical Agents are unable to                 termination from one Party to the other Party, unless said
resolve disputes as provided for in paragraph B, either                     notice of termination has been withdrawn. In case of termi­
Technical Agent may refer the dispute to the Board, which                   nation of one or more Annexes, the remaining Annexes
shall consult on the matter.                                                remain in effect. However, the Parties shall consult on
                                                                            preserving the remainder of the Agreement. Failing consensus
                                                                            to do so, this Agreement may be terminated by either Party.
                              Article 18                                    Termination shall be effective 60 days from the date of written
                                                                            notification to that effect from one Party to the other.
             Suspension of Acceptance of Findings
A.     Should consultations under Article 17 not resolve the
disagreement that relates to findings of compliance and                     F.    Following notice of termination of this Agreement in its
approvals, either Party may notify the other Party of its                   entirety or of any Annexes thereto, the Parties shall continue to
intention to suspend the acceptance of findings of compliance               meet their obligations under this Agreement or of any Annexes
and approvals over which there is disagreement. Such notifi­                thereto until the effective date of termination.
cation shall be in writing and detail the reasons for suspension.
                                                                            IN WITNESS WHEREOF, the undersigned, being duly authorised
B.     Such suspension shall take effect 30 days after the date of          by their respective Governments, have signed this Agreement.
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               Done at Brussels this 30th day of June, 2008, in two originals,
affect the validity of findings of compliance, certificates and             in the Bulgarian, Czech, Danish, Dutch, English, Estonian,
approvals made by the Party’s Technical Agents or Aviation                  Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Authority in question prior to the date the suspension took                 Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovakian,
effect. Any such suspension that has become effective may be                Slovenian, Spanish and Swedish languages. In case of diver­
rescinded immediately upon an exchange of written corre­                    gences of interpretation between the different language texts,
spondence to that effect by the Parties.                                    the English text shall prevail.
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        За Европейската общност
        Por la Comunidad Europea
        Za Evropské společenství
        For Det Europæiske Fællesskab
        Für die Europäische Gemeinschaft
        Euroopa Ühenduse nimel
        Για την Ευρωπαϊκή Κοινότητα
        For the European Community
        Pour la Communauté européenne
        Per la Comunità europea
        Eiropas Kopienas vārdā
        Europos bendrijos vardu
        az Európai Közösség részéről
        Għall-Komunità Ewropea
        Voor de Europese Gemeenschap
        W imieniu Wspólnoty Europejskiej
        Pela Comunidade Europeia
        Pentru Comunitatea Europeană
        Za Európske spoločenstvo
        Za Evropsko skupnost
        Euroopan yhteisön puolesta
        På Europeiska gemenskapens vägnar
        За Cъeдинeнитe aмepикaнcки щaти
        Por los Estados Unidos de América
        Za Spojené státy americké
        For Amerikas Forenede Stater
        Für die Vereinigten Staaten von Amerika
        Ameerika Ühendriikide nimel
        Για τις Ηνωμένες Πολιτείες της Αμερικής
        For the United States of America
        Pour les États-Unis d'Amérique
        Per gli Stati Uniti d'America
        Amerikas Savienoto Valstu vārdā
        Jungtinių Amerikos Valstijų vardu
        az Amerikai Egyesült Államok részéről
        Għall-Istati Uniti tal-Amerika
        Voor de Verenigde Staten van Amerika
        W imieniu Stanów Zjednoczonych Ameryki
        Pelos Estados Unidos da América
        Pentru Statele Unite ale Americii
        Za Spojené štáty americké
        Za Združene države Amerike
        Amerikan yhdysvaltojen puolesta
        På Amerikas förenta staters vägnar
 ---pagebreak--- 9.11.2011         EN                     Official Journal of the European Union                                             L 291/9
                                                        Attachment 1
                   Country                                                Bilateral
          Austria          Agreement for Promotion of Aviation Safety; signed at Vienna 14 January 1997
                           Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported
                           aircraft; effected by exchange of notes at Washington 30 April 1959
          Belgium          Agreement concerning the reciprocal acceptance of airworthiness certifications; effected by
                           exchange of notes at Brussels 12 February and 14 May 1973
          Czech Republic   Operating Procedures between the Federal Aviation Administration (FAA) and the Civil
                           Aviation Inspectorate (CAI) of the Czech Republic for Design Approval, Airworthiness Certifi­
                           cation, Continued Airworthiness, and Mutual Cooperation and Technical Assistance Under
                           the Agreement between the United States and Czechoslovakia, signed 29 January 1996
                           Agreement between the United States and Czechoslovakia concerning the reciprocal
                           acceptance of certificates of airworthiness for imported aircraft; effected by exchange of
                           notes at Prague 1 and 21 October 1970
          Denmark          Agreement for Promotion of Aviation Safety; signed at Copenhagen 6 November 1998
                           Agreement concerning the reciprocal acceptance of airworthiness certifications; effected by
                           exchange of notes at Washington 6 January 1982
          Finland          Agreement for Promotion of Air Safety, signed at Helsinki 2 November 2000
                           Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported
                           civil glider aircraft and civil aircraft appliances; effected by exchange of notes at Washington
                           7 March 1974
          France           Agreement for Promotion of Aviation Safety, signed at Paris 14 May 1996
                           Implementation Procedures for Design Approval, Production Activities, Export Airworthiness
                           Approval, Post Design Approval Activities, and Technical Assistance between Authorities
                           Under the Agreement for Promotion of Aviation Safety between the Government of the
                           United States of America and the Government of the French Republic, signed 24 August
                           2001
                           Maintenance Implementation Procedures Under the Agreement for Promotion of Aviation
                           Safety between the Government of the United States of America and the Government of the
                           French Republic, signed 14 May 1996
          Germany          Agreement for Promotion of Aviation Safety, signed at Milwaukee 23 May 1996
                           Implementation Procedures for Design Approval, Production Activities, Export Airworthiness
                           Approval, Post Design Approval Activities, and Technical Assistance between Authorities
                           under the Agreement between the Government of the United States of America and the
                           Government of the Federal Republic of Germany for Promotion of Aviation Safety, Revision
                           1, signed 3 June 2002
                           Maintenance Implementation Procedures under the Agreement between the Government of
                           the United States of America and the Government of the Federal Republic of Germany for
                           Promotion of Aviation Safety, signed 6 June 1997
          Ireland          Agreement for Promotion of Aviation Safety, signed at Dublin 5 February 1997
                           Maintenance Implementation Procedures under the Agreement for the Promotion of Aviation
                           Safety between the Government of the United States of America and the Government of
                           Ireland, signed 5 February 1999
                           20 April 1999
          Italy            Agreement for Promotion of Aviation Safety, signed at Rome 27 October 1999
                           Implementation Procedures for Design Approval, Production Activities, Export Airworthiness
                           Approval, Post Design Approval Activities, and Technical Assistance between Authorities
                           under the Agreement between the Government of the United States of America and the
                           Government of Italy for Promotion of Aviation Safety, signed 4 June 2002
 ---pagebreak--- L 291/10         EN                    Official Journal of the European Union                                          9.11.2011
                  Country                                              Bilateral
         Netherlands      Agreement for Promotion of Aviation Safety, signed at The Hague 13 September 1995
                          Implementation Procedures for Design Approval, Production Activities, Export Airworthiness
                          Approval, Post Design Approval Activities, and Technical Assistance between Authorities
                          under the Agreement between the Government of the United States of America and the
                          Government of the Netherlands for Promotion of Aviation Safety, signed 3 June 2002
         Poland           Agreement concerning the reciprocal acceptance of airworthiness for imported civil aero­
                          nautical products, as amended; effected by exchange of notes at Washington 8 November
                          1976
         Romania          Agreement for Promotion of Aviation Safety, signed at Bucharest 10 September 2002
                          Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported
                          civil glider aircraft; effected by exchange of notes at Washington 7 December 1976
                          (Note: The United States requested termination of this agreement in February 2007. U.S.
                          notification and a Romanian response will constitute termination.)
                          Implementation Procedures for Design Approval, Production Activities, Export Airworthiness
                          Approval, Post Design Approval Activities, and Technical Assistance between Authorities
                          under the Agreement between the Government of the United States of America and the
                          Government of Romania for Promotion of Aviation Safety, signed 24 September 2002
         Spain            Agreement for Promotion of Aviation Safety, signed at Washington 23 September 1999
                          Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported
                          aircraft, as amended; effected by exchange of notes at Madrid 23 September 1957
         Sweden           Agreement for Promotion of Aviation Safety signed at Stockholm 9 February 1998
                          Implementation Procedures for Design Approval, Production Activities, Export Airworthiness
                          Approval, Post Design Approval Activities, and Technical Assistance between Authorities
                          under the Agreement between the Government of the United States of America and the
                          Government of Sweden for Promotion of Aviation Safety, signed 3 June 2002
         UK               Agreement for Promotion of Aviation Safety, signed at London 20 December 1995
                          Implementation Procedures for Design Approval, Production Activities, Export Airworthiness
                          Approval, Post Design Approval Activities, and Technical Assistance between Authorities
                          under the Agreement between the Government of the United States of America and the
                          Government of the United Kingdom of Great Britain and Northern Ireland for Promotion of
                          Aviation Safety, signed 23 May 2002
                          Simulator Implementation Procedures under the Agreement for the Promotion of Aviation
                          Safety dated December 20th, 1995, between the Government of the United States of America
                          and the Government of the United Kingdom of Great Britain and Northern Ireland, Revision
                          1, signed 6 October 2005
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                                                                  ANNEX 1
                                    AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION
          1.     SCOPE
          1.1.   This Annex covers 1) the reciprocal acceptance of findings of compliance, approvals, and documentation, and 2)
                 technical assistance regarding:
                 (a) airworthiness and continued airworthiness of civil aeronautical products (hereinafter referred to as ‘products’);
                     and
                 (b) noise, fuel venting, and exhaust emissions.
          1.2.   As provided for in Article 4 of the Agreement, the Parties shall reciprocally accept each other’s findings made
                 under the systems of the Technical Agents or Aviation Authorities, subject to the provisions of this Annex and
                 where applicable, the technical implementation procedures concluded by the Technical Agents.
          2.     JOINT COORDINATION BODY
          2.1.   Composition
          2.1.1. A joint technical coordination body called the Certification Oversight Board, accountable to the Bilateral
                 Oversight Board, is hereby established under the joint leadership of the Technical Agents. It shall include
                 representatives from each Technical Agent responsible for airworthiness and environmental certification,
                 quality management systems and rulemaking.
          2.1.2. The joint leadership may invite additional participants to facilitate the fulfilment of the mandate of this Certifi­
                 cation Oversight Board.
          2.2.   Mandate
          2.2.1. The Certification Oversight Board shall meet at regular intervals to ensure the effective functioning and imple­
                 mentation of this Annex. Its functions shall include in particular:
                 (a) developing, approving, and revising the technical implementation procedures;
                 (b) sharing information on major safety issues and developing action plans to address them;
                 (c) ensuring the consistent application of this Annex;
                 (d) resolving technical issues falling within the responsibilities of the Technical Agents and examining other
                     technical issues that cannot be solved at a lower level;
                 (e) developing effective means for cooperation, assistance and exchange of information regarding safety and
                     environmental standards, certification systems, and quality management and standardisation systems;
                 (f) administering the list of Aviation Authorities identified in Appendix of this Annex according to the decisions
                     taken by the Bilateral Oversight Board;
                 (g) proposing amendments regarding this Annex to the Bilateral Oversight Board.
          2.2.2. The Certification Oversight Board shall report unresolved issues to the Bilateral Oversight Board and ensure the
                 implementation of decisions reached by the Bilateral Oversight Board regarding this Annex.
          3.     IMPLEMENTATION
          3.1.   General
          3.1.1. The Technical Agents shall develop technical implementation procedures for the implementation of this Annex
                 that further address the differences between the Parties’ airworthiness and environmental certification systems.
 ---pagebreak--- L 291/12        EN                               Official Journal of the European Union                                              9.11.2011
         3.1.2. Each Technical Agent and, if applicable, Aviation Authority, shall support the other’s Party’s Technical Agent’s
                and, if applicable, Aviation Authority’s, requests for access to data under the regulatory control of the other
                Technical Agent and, if applicable, Aviation Authority, in order to carry out the activities of this Annex.
         3.2.   Design Approvals
         3.2.1. The U.S. Technical Agent shall carry out the State of Design functions applicable to the United States under
                Annex 8 of the Convention on International Civil Aviation done at Chicago on 7 December 1944 (the Chicago
                Convention) for regulated entities over which it has jurisdiction.
         3.2.2. The EC Technical Agent shall carry out on behalf of the EU Member States the State of Design functions
                applicable to them under Annex 8 of the Chicago Convention for regulated entities over which it has jurisdiction.
         3.2.3. To benefit from reciprocal acceptance under this Agreement:
                (a) EASA shall act as the certificating authority and accept certification applications only from applicants located
                    within the territory of the European Community for the initial approval of their design, design changes and
                    repair data; and
                (b) FAA shall act as the certificating authority and accept certification applications only from applicants located
                    within the United States for the initial approval of their designs, design changes and repair data.
         3.2.4. Each Technical Agent shall use a validation process to approve:
                (a) the design of aircraft, aircraft engines, propellers and appliances;
                (b) supplemental type certificates;
                (c) certain major changes to type design, as defined in the technical implementation procedures; and
                (d) acoustical and emission changes,
                that have been, or are in the process of being, approved by the other Party’s Technical Agent in carrying out the
                State of Design’s functions. The validation process, as defined in the technical implementation procedures, shall
                be based to the maximum extent practicable on the technical evaluations, tests, inspections, and compliance
                certifications made by the other Technical Agent. The airworthiness certification basis developed during the
                validation process of an aircraft, aircraft engine, or propeller shall use the applicable airworthiness standards
                or codes in effect on the date of application to the Technical Agent carrying out the State of Design functions.
                The environmental certification basis shall be developed based on the application dates prescribed in the technical
                implementation procedures.
         3.2.5. The Technical Agents shall ensure that information related to operational requirements that impact design is
                made available to each other during the validation process. The Aviation Authorities shall make such information
                available to EASA.
         3.2.6. The Technical Agents may also use a joint certification process, where appropriate. Joint certification is an
                alternative form of validation when mutually agreed by the applicant and both Technical Agents, as defined
                in the technical implementation procedures. Joint certification is particularly appropriate when components of a
                new product are designed by a regulated entity located within the territory of the other Party. Under joint
                certification, compliance demonstration and findings are expected to be made locally by the other Party’s
                Technical Agent.
         3.2.7. Because the Parties’ regulatory systems for parts, repair design data, and design changes other than those covered
                by 3.2.4, are considered sufficiently comparable such that a separate approval by the importing Party’s Technical
                Agent or Aviation Authority is not required, the importing Technical Agent shall accept a part, repair design data
                or design change when it has already been approved or otherwise accepted by the other Party’s Technical Agent
                in carrying out the State of Design functions for the part, repair design data, or design change. The technical
                implementation procedures shall identify when a separate approval by the importing Technical Agent is
                necessary.
 ---pagebreak--- 9.11.2011         EN                                Official Journal of the European Union                                                L 291/13
          3.2.8.  Certifying statements related to design approvals, including information on noise and emission levels, shall be
                  defined in the technical implementation procedures.
          3.2.9.  In the event that a design approval holder transfers its approval to another entity, the Technical Agent responsible
                  for the design approval shall promptly notify the other Technical Agent of the transfer. The Technical Agents
                  shall define procedures to facilitate the transfer of certificates between the Parties’ regulated entities in the
                  technical implementation procedures.
          3.2.10. EASA shall accept the U.S. certification procedures as an acceptable alternative to the European Community’s
                  requirements for demonstrating the capability of an applicant.
          3.3.    Continued Airworthiness
          3.3.1.  The Technical Agents are committed to take action to address unsafe conditions in products that they have
                  certificated. The Technical Agents shall exchange information on failures, malfunctions and defects received from
                  its approval holders to support the other Technical Agent’s investigation of service difficulties or other potential
                  safety issues. The exchange of this information between the Technical Agents shall be considered to fulfil the
                  obligation of each approval holder to report failures, malfunctions, and defects to the other Party’s Technical
                  Agent under that other Party’s applicable law. Actions to address unsafe conditions and exchange of safety
                  information shall be defined in the technical implementation procedures.
          3.3.2.  Unless otherwise notified by either Party’s Technical Agent:
                  (a) the FAA shall carry out the continued airworthiness State of Design functions applicable to the United States
                       under Annex 8 of the Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life
                       cycle of the product;
                  (b) EASA shall carry out on behalf of the EU Member States the continued airworthiness State of Design
                       functions applicable to them under Annex 8 of the Chicago Convention for aircraft, aircraft engines,
                       propellers and appliances for the life cycle of the product.
          3.3.3.  The FAA shall exercise the State of Manufacture functions applicable to the United States under Annex 8 to the
                  Chicago Convention for aircraft, aircraft engines, propellers and appliances for the life cycle of the product over
                  which it has jurisdiction. The Aviation Authorities and, where applicable, EASA shall exercise the State of
                  Manufacture functions applicable to the EU Member States under Annex 8 to the Chicago Convention for
                  aircraft, aircraft engines, propellers and appliances for the life cycle of the product over which it has jurisdiction.
                  Actions to address unsafe conditions shall be defined in the technical implementation procedures.
          3.3.4.  Any changes to the ownership or airworthiness status of a certificate issued by either Party’s Technical Agent shall
                  be timely communicated to the other Technical Agent.
          3.4.    Production
          3.4.1.  The Technical Agents and, where applicable, the Aviation Authorities, grant production approvals, based upon an
                  acceptable production quality/inspection system, to a manufacturer under their own regulatory system when that
                  manufacturer is involved in the export of aircraft, aircraft engines, propellers, appliances, or parts to the other
                  Party. Such production approvals shall ensure that all aircraft, aircraft engines, propellers, appliances and parts
                  conform to the approved design of the importing Party, have undergone an operational check if applicable, and
                  are in a condition for safe operation at the time of export.
          3.4.2.  Because the Parties’ regulatory systems for production are considered sufficiently comparable, the importing
                  Technical Agent or Aviation Authority shall not issue its own production approval for those manufacturers
                  regulated by the exporting Party.
          3.4.3.  Each Technical Agent and, where applicable, Aviation Authorities, shall recognise the other Technical Agent’s or
                  Aviation Authorities’ production approvals including:
                  (a) production approvals granted or extended for the manufacture of aircraft, aircraft engines, propellers,
                       appliances or parts within their territories; and for the manufacture of aircraft, aircraft engines, propellers
                       or parts outside their territories; and
 ---pagebreak--- L 291/14        EN                                 Official Journal of the European Union                                             9.11.2011
                (b) production approvals granted for the manufacture of aircraft, aircraft engines, propellers, or parts, based upon
                     a manufacturer’s licensing agreement or appropriate arrangement with a design approval holder in the other
                     Party’s territory or a third country. When a licensing agreement for the production of an aircraft, aircraft
                     engine, or propeller separates the State of Design and State of Manufacture responsibilities between the two
                     Parties, the FAA and EASA, or an Aviation Authority if appropriate, shall enter into a working arrangement.
         3.4.4. Each Party’s Technical Agent and, if applicable, Aviation Authorities, shall fulfil their respective regulatory
                obligations to oversee manufacturers, and suppliers approved under the manufacturer’s quality system, located
                within the other’s Party’s territory by relying on the other Party’s surveillance system when all the following
                conditions are met:
                (a) the Technical Agent or Aviation Authority responsible for oversight of the production approval holder
                     officially requests surveillance assistance;
                (b) the manufacturing facility additionally has been granted a production approval of similar scope, issued by
                     either the Technical Agent or Aviation Authority of the territory in which the facility is located;
                (c) the other Party’s Technical Agent or Aviation Authority is willing and able to undertake such activities as its
                     resources permit; and
                (d) the Technical Agents or Aviation Authority shall document, as appropriate, the details of any agreed
                     surveillance assistance.
         3.4.5. For parts manufactured under the regulatory system of one Party at a facility located in the other Party’s territory,
                the Technical Agents and Aviation Authorities shall accept Authorised Release Certificates or other documents, as
                agreed, in lieu of their own documentation under the following conditions:
                (a) the manufacturing facility has been granted a production approval of similar scope, issued by either a
                     Technical Agent or an Aviation Authority listed in Appendix, having regulatory authority over this manu­
                     facturing facility; and, where applicable;
                (b) for delivery to an end user, the applicable approval holder has granted written permission to its supplier
                     when allowed under the regulatory system of the approval holder.
         3.4.6. For products manufactured under a licensing agreement, the Technical Agents shall establish procedures to ensure
                that all changes introduced into the design by the licensee are approved, through the design approval holder, by
                the Technical Agent carrying out the responsibilities of the State of Design for the product.
         3.5.   Export Airworthiness Certification
         3.5.1. Each Party’s Technical Agent or, where applicable, the Aviation Authorities, shall reciprocally accept the other
                Party’s certifications of airworthiness for all products when a product is exported from one Party’s regulatory
                jurisdiction to the other Party’s regulatory jurisdiction with the appropriate airworthiness certification. The
                Technical Agents and, where applicable, the Aviation Authorities or appropriately approved organisations,
                shall issue the following airworthiness documentation with each export:
                (a) an Export Certificate of Airworthiness for a new or used aircraft, as defined in the technical implementation
                     procedures;
                (b) either an Export Certificate of Airworthiness or an Authorised Release Certificate for a new aircraft engine or
                     propeller;
                (c) an Authorised Release Certificate for a new part or appliance.
         3.5.2. For new products, the Technical Agents or the Aviation Authorities identified in Appendix (or their designated
                regulated entities when appropriate) shall certify, by the issuance of a specific airworthiness export document, that
                an aircraft, aircraft engine, propeller, part or appliance:
                (a) conforms to a design approved by the importing Technical Agent and specified in the type certificate data
                     sheet or other design approval, including any additional supplemental type certificates;
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                 (b) is in a condition for safe operation, including compliance with any Airworthiness Directives (if applicable) or
                      Safety Information Notice as notified by the importing Technical Agent, and any mandatory safety actions (if
                      applicable) concerning production or maintenance as notified by the relevant importing Aviation Authority;
                 (c) has undergone a final operational check, if applicable;
                 (d) is appropriately marked or identified in accordance with the requirements of the importing Technical Agent;
                 (e) meets all additional requirements prescribed and notified by the importing Technical Agent; and
                 (f) for a rebuilt aircraft engine, that the engine has been rebuilt by the engine’s manufacturer.
          3.5.3. The Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities
                 when appropriate) shall also accept a used civil aircraft for either standard or special/restricted airworthiness
                 certification only if a type certificate or European restricted type certificate holder exists to support continued
                 airworthiness of the aircraft and when the other Party’s Technical Agent or Aviation Authority certifies that the
                 aircraft:
                 (a) has been properly maintained during its service life (as evidenced by appropriate maintenance records); and
                 (b) meets the requirements of paragraph 3.5.2(a) through (e).
                 The inspection and maintenance records to accompany a used aircraft are detailed in the technical implemen­
                 tation procedures.
          3.5.4. All airworthiness documentation shall contain appropriate certifying statements, as specified in the technical
                 implementation procedures.
          3.5.5. If, in the process of making an airworthiness certification, the exporting Technical Agent or Aviation Authority is
                 unable to satisfy all of the requirements specified in paragraph 3.5.2 (a)-(f) or 3.5.3, the exporting Technical
                 Agent or Aviation Authority shall:
                 (a) immediately notify the importing Technical Agent or Aviation Authority of this fact;
                 (b) coordinate, with the importing Technical Agent or Aviation Authority as specified in the technical imple­
                      mentation procedures, their acceptance or rejection of the exceptions to the requirements prior to completing
                      the airworthiness certification; and
                 (c) document any accepted exceptions when exporting the product.
          3.5.6. In addition to the products listed in Appendix to this Annex, the FAA shall continue to accept products that were
                 included in the scope of a bilateral agreement related to airworthiness listed in Attachment 1 of the Agreement
                 that conform to an FAA-approved design provided that they were manufactured and issued an appropriate
                 airworthiness certification prior to the date of entry into force of this Agreement.
          3.5.7. The European Community shall not require the specific marking European Parts Approval (EPA) for parts
                 imported from the United States except where EASA is acting as the State of Design.
          4.     ACCEPTANCE OF FINDINGS AND APPROVALS
          4.1.   Qualification Requirements for the Acceptance of Findings and Approvals
          4.1.1. The Technical Agents and, where applicable, the Aviation Authorities, shall establish a certification and oversight
                 system for the various activities included in the scope of this Annex. This system shall be documented and
                 include the organisational structure, staff qualifications, and internal policies and procedures used to perform
                 those activities.
          4.1.2. Each Technical Agent and, where applicable, the Aviation Authorities, shall demonstrate sufficient knowledge of
                 each other’s system in terms of airworthiness and environmental requirements, associated policy and guidance
                 material, procedures and organisational structure.
          4.1.3. Each Technical Agent and, where applicable, the Aviation Authorities, shall ensure that staff are appropriately
                 qualified and have sufficient knowledge, experience, and training to perform their responsibilities under this
                 Agreement.
 ---pagebreak--- L 291/16        EN                               Official Journal of the European Union                                                  9.11.2011
         4.1.4. These systems shall be subject to internal quality audits, accreditation or standardisation inspections. The technical
                implementation procedures shall define the Technical Agents’ periodic participation in each other’s internal
                quality audits, accreditation or standardisation inspections, including the inspections of Aviation Authorities
                described in paragraph 4.2.3, in order to maintain mutual confidence in each other’s systems. The Technical
                Agents and the Aviation Authorities shall submit to such inspections and ensure that regulated entities provide
                access to both Technical Agents.
         4.2.   Qualifications of the Technical Agents and Aviation Authorities
         4.2.1. Subject to any conditions defined in the technical implementation procedures, the Technical Agents are deemed
                to meet the requirements specified in paragraphs 4.1.1 to 4.1.3, following a confidence building process. For
                airworthiness certification, the confidence building process has been completed as evidenced by the inclusion of
                this Annex to the Agreement. For environmental certification, the confidence building process is defined in the
                technical implementation procedures.
         4.2.2. The Aviation Authorities that meet the requirements in paragraphs 4.1.1 to 4.1.3 for production and
                airworthiness certification functions are listed in Appendix to this Annex, with their scope of activity.
         4.2.3. If following a standardisation inspection by EASA, the European Community determines that other Aviation
                Authorities meet the requirements specified in paragraphs 4.1.1 to 4.1.3, the Technical Agents shall follow the
                process outlined in Section 1 of the technical implementation procedures. Following completion of the process, if
                they deem it appropriate, the Technical Agents shall then propose to the Bilateral Oversight Board any
                amendments to Appendix, including changes in scope of an Aviation Authority’s activities.
         4.2.4. If one Technical Agent believes that the other Technical Agent’s or any of the Aviation Authorities’ technical
                competency is no longer adequate, the Technical Agents shall consult and propose an action plan, including any
                confidence building activities, in order to address deficiencies. Similarly, if either Technical Agent believes that the
                acceptance of findings or approvals made by an Aviation Authority should be suspended, the Technical Agents
                shall consult. If confidence is not restored through mutually acceptable means, either Technical Agent may refer
                the matter to the Bilateral Oversight Board. If the problem is not solved through mutually acceptable means,
                either Party may notify the other Party according to Article 18.A of the Agreement.
         4.2.5. Similarly, the Technical Agents shall consult whenever either Technical Agent proposes to consider the rein­
                statement of an Aviation Authority that has previously been removed from Appendix by the Bilateral Oversight
                Board or whose findings or approvals have been suspended.
         5.     COMMUNICATIONS
                All communications between the Technical Agents and, where applicable, the Aviation Authorities, including
                documentation, shall be in the English language. The Technical Agents may agree to exceptions for certification
                compliance data on a case-by-case basis.
         6.     TECHNICAL CONSULTATIONS
                The Technical Agents agree to resolve issues associated with implementation of this Annex through consultation.
                The Technical Agents shall make every effort to resolve issues at the lowest possible technical level using the
                process outlined in the technical implementation procedures before elevating the issue to the Bilateral Oversight
                Board.
         7.     TECHNICAL ASSISTANCE
         7.1.   Upon request and after mutual agreement, each Party’s Technical Agent or, where applicable, an Aviation
                Authority, shall provide technical assistance to the other Party’s Technical Agent or, where applicable, an
                Aviation Authority, in certification and continued airworthiness oversight activities related to design, production,
                airworthiness, and environmental certification within each other’s territory. The process for conducting such
                assistance is described in the technical implementation procedures.
         7.2.   The Technical Agents or the Aviation Authorities may decline to provide such technical assistance due to lack of
                resource availability, because the product is not within the scope of this Agreement or there is no regulatory
                involvement with the facility.
 ---pagebreak--- 9.11.2011      EN                               Official Journal of the European Union                                             L 291/17
          7.3. When technical assistance is provided, the Technical Agent or, where applicable, the Aviation Authority,
               providing the assistance shall apply their respective Party’s regulatory system and procedures, unless otherwise
               agreed by the Technical Agents or, where applicable, the Aviation Authority. Technical assistance including
               conformity inspection, test witnessing, and compliance determinations may be conducted by approved/delegated
               organisations. In cases where a European Community approved organisation does not have these privileges
               within its production authorisation, Aviation Authorities may provide such assistance directly or by extending
               to the organisation such privileges. In cases where a European Community approved organisation does not have
               such privileges within its design authorisation, EASA may provide the technical assistance directly or by extending
               to the organisation such privileges.
          7.4. Technical assistance may also be requested related to the import of used aircraft that were originally exported
               from the United States or the European Community. Each Party’s Technical Agent or, where applicable, the
               Aviation Authorities, shall assist the other Party’s Technical Agent or Aviation Authority, as applicable, in
               obtaining information regarding the configuration of the aircraft at the time it left the manufacturer.
          8.   NOTIFICATION OF INVESTIGATION OR ENFORCEMENT ACTION
               Each Party’s Technical Agents and, where applicable, the Aviation Authorities shall notify the other Party’s
               Technical Agent and, where applicable, the Aviation Authorities, promptly of their own investigation or
               enforcement action that may involve 1) a product or regulated entity for airworthiness or environmental
               certification or 2) an action of a Technical Agent or Aviation Authority that appears not to comply with this
               Annex. The Technical Agents and, where applicable, the Aviation Authorities, shall cooperate in sharing
               information needed for any such investigation or enforcement action including its closure.
 ---pagebreak--- L 291/18          EN                              Official Journal of the European Union                                             9.11.2011
                                                                     Appendix
                                          AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION
         EASA, AVIATION AUTHORITY, AND U.S. PRODUCTS, ASSOCIATED EXPORT DOCUMENTATION, AND TECHNICAL
                                        ASSISTANCE ACTIVITY ACCEPTED UNDER THIS AGREEMENT
                                                                      Products, export documentation, and technical assistance
               European Community Technical Agent
                                                                                            activities
         EASA
         Products and Associated Export Documen­         — New aircraft conforming to an FAA-approved design, manufactured
         tation Accepted for Import into the U.S.            under an EASA — issued Production Organisation Approval (POA)
                                                             (paragraph 3.4.3), and accompanied by an EASA Form 27.
                                                         — New engines and propellers conforming to an FAA-approved design
                                                             that are manufactured under an EASA-issued POA accompanied by an
                                                             EASA Form 1, Authorised Release Certificate.
                                                         — The following new parts manufactured under an EASA-issued POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
         Technical Assistance Activities Performed       — Design data (compliance statements) and test witnessing.
         on Behalf of FAA
                                                         — Production surveillance and oversight conducted as technical assistance.
                                                         — Conformity inspection.
                                                                      Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                            activities
         Austria
         Products and Associated Export Documen­         — New small airplanes, VLA, and sailplanes and powered sailplanes,
         tation Accepted for Import into the U.S.            conforming to an FAA-approved design, manufactured under an
                                                             Austrian POA, and accompanied by an EASA Form 27, Export
                                                             Certificate of Airworthiness, or an Austrian Export Certificate of
                                                             Airworthiness issued before September 28, 2008.
                                                         — Used aircraft conforming to an FAA-approved design, maintained in
                                                             accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or an
                                                             Austrian Export Certificate of Airworthiness issued before September
                                                             28, 2008. If relevant provisions of Part M are not yet implemented, the
                                                             applicable maintenance requirements will be those of Austria, and
                                                             specified on the Austrian Export Certificate of Airworthiness or
                                                             EASA Form 27.
 ---pagebreak--- 9.11.2011          EN                              Official Journal of the European Union                                             L 291/19
                                                                       Products, export documentation, and technical assistance
            Aviation Authority in Listed EU Member State
                                                                                             activities
                                                          — New engines and propellers conforming to an FAA-approved design,
                                                              manufactured under an Austrian POA, and accompanied by an EASA
                                                              Form 1, Authorised Release Certificate, or a JAA Form One issued
                                                              before September 28, 2005.
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under an Austrian POA, and accompanied by an EASA Form 1, Auth­
                                                              orised Release Certificate, or a JAA Form One issued before September
                                                              28, 2005.
                                                          — The following new parts manufactured under an Austrian POA that
                                                              conform to FAA-approved design data and are eligible for installation
                                                              in a product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
                                                              — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
          Belgium
          Products and Associated Export Documen­         — Used aircraft conforming to an FAA-approved design, maintained in
          tation Accepted for Import into the U.S.            accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                              panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                              Belgian Export Certificate of Airworthiness issued before September 28,
                                                              2008. If relevant provisions of Part M are not yet implemented, the
                                                              applicable maintenance requirements will be those of Belgium, and
                                                              specified on the Belgium Export Certificate of Airworthiness or EASA
                                                              Form 27.
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under a Belgian POA, and accompanied by an EASA Form 1, Auth­
                                                              orised Release Certificate, or a JAA Form One issued before September
                                                              28, 2005.
                                                          — New manned balloons conforming to an FAA-approved design, manu­
                                                              factured under Subpart F of EASA Part 21 or Belgian POA, and accom­
                                                              panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                              Belgian Export Certificate of Airworthiness issued before September 28,
                                                              2008.
                                                          — The following new parts manufactured under a Belgian POA that
                                                              conform to FAA-approved design data and are eligible for installation
                                                              in a product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
 ---pagebreak--- L 291/20          EN                              Official Journal of the European Union                                             9.11.2011
                                                                      Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                            activities
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
         Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
         on Behalf of FAA
                                                         — Conformity inspection.
         Czech Republic
         Products and Associated Export Documen­         — New small airplanes, VLA, and sailplanes conforming to an FAA-
         tation Accepted for Import into the U.S.            approved design, manufactured under a Czech Republic POA, and
                                                             accompanied by an EASA Form 27, Export Certificate of Airworthiness,
                                                             or a Czech Export Certificate of Airworthiness issued before September
                                                             28, 2008.
                                                         — New manned balloons conforming to an FAA-approved design, manu­
                                                             factured under a Czech Republic POA, and accompanied by an EASA
                                                             Form 27, Export Certificate of Airworthiness, or a Czech Export
                                                             Certificate of Airworthiness issued before September 28, 2008.
                                                         — New airships conforming to an FAA-approved design, manufactured
                                                             under a Czech Republic POA, and accompanied by an EASA Form
                                                             27, Export Certificate of Airworthiness, or a Czech Export Certificate
                                                             of Airworthiness issued before September 28, 2008.
                                                         — Used aircraft conforming to an FAA-approved design, maintained in
                                                             accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             Czech Export Certificate of Airworthiness issued before September 28,
                                                             2008. If relevant provisions of Part M are not yet implemented, the
                                                             applicable maintenance requirements will be those of the Czech
                                                             Republic, and specified on the Czech Export Certificate of
                                                             Airworthiness or EASA Form 27.
                                                         — New engines and propellers conforming to an FAA-approved design,
                                                             manufactured under a Czech Republic POA, and accompanied by an
                                                             EASA Form 1, Authorised Release Certificate, or a JAA Form One
                                                             issued before September 28, 2005.
                                                         — New appliances conforming to an FAA-approved design, manufactured
                                                             under a Czech Republic POA, and accompanied by an EASA Form 1,
                                                             Authorised Release Certificate, or a JAA Form One issued before
                                                             September 28, 2005.
                                                         — The following new parts manufactured under a Czech Republic POA
                                                             that conform to FAA-approved design data and are eligible for instal­
                                                             lation in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One issued
                                                             before September 28, 2005):
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                                                                       Products, export documentation, and technical assistance
            Aviation Authority in Listed EU Member State
                                                                                             activities
                                                              — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
          Denmark
          Products and Associated Export Documen­         — Used aircraft conforming to an FAA-approved design, maintained in
          tation Accepted for Import into the U.S.            accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                              panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                              Danish Export Certificate of Airworthiness issued before September 28,
                                                              2008. If relevant provisions of Part M are not yet implemented, the
                                                              applicable maintenance requirements will be those of Denmark, and
                                                              specified on the Danish Export Certificate of Airworthiness or EASA
                                                              Form 27.
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under a Danish POA, and accompanied by an EASA Form 1, Auth­
                                                              orised Release Certificate, or a JAA Form One issued before September
                                                              28, 2005.
                                                          — The following new parts manufactured under a Danish POA that
                                                              conform to FAA-approved design data and are eligible for installation
                                                              in a product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
                                                              — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
 ---pagebreak--- L 291/22          EN                              Official Journal of the European Union                                             9.11.2011
                                                                      Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                            activities
         Finland
         Products and Associated Export Documen­         — Used aircraft conforming to an FAA-approved design, maintained in
         tation Accepted for Import into the U.S.            accordance with EASA Part 145 or Part M as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             Finnish Export Certificate of Airworthiness issued before September 28,
                                                             2008. If relevant provisions of Part M are not yet implemented, the
                                                             applicable maintenance requirements will be those of Finland, and
                                                             specified on the Finnish Export Certificate of Airworthiness or EASA
                                                             Form 27.
                                                         — New appliances conforming to an FAA-approved design, manufactured
                                                             under a Finnish POA, and accompanied by an EASA Form 1, Auth­
                                                             orised Release Certificate, or a JAA Form One issued before September
                                                             28, 2005.
                                                         — The following new parts manufactured under a Finnish POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One
                                                             issued before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
         Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
         on Behalf of FAA
                                                         — Conformity inspection.
         France
         Products and Associated Export Documen­         — New airplanes, helicopters, VLA, and sailplanes, conforming to an FAA-
         tation Accepted for Import into the U.S.            approved design, manufactured under a French POA, and accompanied
                                                             by an EASA Form 27, Export Certificate of Airworthiness, or a French
                                                             Export Certificate of Airworthiness issued before September 28, 2008.
                                                         — New manned balloons conforming to an FAA-approved design, manu­
                                                             factured under Subpart F of EASA Part 21 or French POA, and accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             French Export Certificate of Airworthiness issued before September 28,
                                                             2008.
                                                         — Used aircraft conforming to an FAA-approved design, maintained in
                                                             accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             French Export Certificate of Airworthiness issued before September 28,
                                                             2008. If relevant provisions of Part M are not yet implemented, the
                                                             applicable maintenance requirements will be those of France, and
                                                             specified on the French Export Certificate of Airworthiness or EASA
                                                             Form 27.
 ---pagebreak--- 9.11.2011          EN                              Official Journal of the European Union                                             L 291/23
                                                                       Products, export documentation, and technical assistance
            Aviation Authority in Listed EU Member State
                                                                                             activities
                                                          — New engines and propellers conforming to an FAA-approved design,
                                                              manufactured under a French POA, and accompanied by an EASA
                                                              Form 1, Authorised Release Certificate, or a JAA Form One issued
                                                              before September 28, 2005.
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under a French POA, and accompanied by an EASA Form 1, Auth­
                                                              orised Release Certificate, or a JAA Form One issued before September
                                                              28, 2005.
                                                          — The following new parts manufactured under a French POA that
                                                              conform to FAA-approved design data and are eligible for installation
                                                              in a product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
                                                              — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
          Acceptance of French Documentation on           — EASA Form 1, Authorised Release Certificate, shall be accepted on parts
          Parts Produced in France under a U.S.               produced under the quality system of a U.S. Production Approval
          Production Approval                                 Holder (PAH), at a PAH’s supplier located in France, when that
                                                              supplier also holds a French POA for the same part.
          Germany
          Products and Associated Export Documen­         — New airplanes, helicopters, VLA, sailplanes and motorised sailplanes,
          tation Accepted for Import into the U.S.            conforming to an FAA-approved design, manufactured under a
                                                              German POA, and accompanied by an EASA Form 27, Export
                                                              Certificate of Airworthiness, or a German Export Certificate of
                                                              Airworthiness issued before September 28, 2008.
                                                          — New manned balloons conforming to an FAA-approved design, manu­
                                                              factured under a German POA, and accompanied by an EASA Form
                                                              27, Export Certificate of Airworthiness, or a German Export Certificate
                                                              of Airworthiness issued before September 28, 2008.
                                                          — New airships conforming to an FAA-approved design, manufactured
                                                              under a German POA, and accompanied by an EASA Form 27,
                                                              Export Certificate of Airworthiness, or a German Export Certificate of
                                                              Airworthiness issued before September 28, 2008.
 ---pagebreak--- L 291/24          EN                              Official Journal of the European Union                                              9.11.2011
                                                                       Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                             activities
                                                         — Used aircraft conforming to an FAA-approved design, maintained in
                                                             accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             German Export Certificate of Airworthiness issued before September
                                                             28, 2008. If relevant provisions of Part M are not yet implemented,
                                                             the applicable maintenance requirements will be those of Germany, and
                                                             specified on the German Export Certificate of Airworthiness or EASA
                                                             Form 27.
                                                         — New engines and propellers conforming to an FAA-approved design,
                                                             manufactured under a German POA, and accompanied by an EASA
                                                             Form 1, Authorised Release Certificate, or a JAA Form One issued
                                                             before September 28, 2005.
                                                         — New appliances conforming to an FAA-approved design, manufactured
                                                             under a German POA, and accompanied by an EASA Form 1, Auth­
                                                             orised Release Certificate, or a JAA Form One issued before September
                                                             28, 2005.
                                                         — The following new parts manufactured under a German POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One
                                                             issued before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
         Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
         on Behalf of FAA
                                                         — Conformity inspection.
         Acceptance of German Documentation on           — EASA Form 1, Authorised Release Certificate, shall be accepted on parts
         Parts Produced in Germany under a U.S.              produced under the quality system of a U.S. Production Approval
         Production Approval                                 Holder (PAH), at a PAH’s supplier located in Germany, when that
                                                             supplier also holds a German POA for the same part.
         Italy
         Products and Associated Export Documen­         — New airplanes, helicopters, and VLA, conforming to an FAA-approved
         tation Accepted for Import into the U.S.            design, manufactured under an Italian POA, and accompanied by an
                                                             EASA Form 27, Export Certificate of Airworthiness, or an Italian
                                                             Export Certificate of Airworthiness issued before September 28, 2008.
                                                         — Used aircraft conforming to an FAA-approved design, maintained in
                                                             accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or an
                                                             Italian Export Certificate of Airworthiness issued before September 28,
                                                             2008. If relevant provisions of Part M are not yet implemented, the
                                                             applicable maintenance requirements will be those of Italy, and
                                                             specified on the Italian Export Certificate of Airworthiness or EASA
                                                             Form 27.
 ---pagebreak--- 9.11.2011          EN                              Official Journal of the European Union                                             L 291/25
                                                                       Products, export documentation, and technical assistance
            Aviation Authority in Listed EU Member State
                                                                                             activities
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under an Italian POA, and accompanied by an EASA Form 1, Auth­
                                                              orised Release Certificate, or a JAA Form One issued before September
                                                              28, 2005.
                                                          — The following new parts manufactured under an Italian POA that
                                                              conform to FAA-approved design data and are eligible for installation
                                                              in a product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
                                                              — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
          Acceptance of Italian Documentation on          — EASA Form 1, Authorised Release Certificate, shall be accepted on parts
          Parts Produced in Italy under a U.S.                produced under the quality system of a U.S. Production Approval
          Production Approval                                 Holder (PAH), at a PAH’s supplier located in Italy, when that supplier
                                                              also holds a Italian POA for the same part.
          Lithuania
          Products and Associated Export Documen­         — New sailplanes and powered sailplanes conforming to an FAA-
          tation Accepted for Import into the U.S.            approved design manufactured under a Lithuanian POA, and accom­
                                                              panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                              Lithuanian Export Certificate of Airworthiness issued before September
                                                              28, 2008.
                                                          — Used aircraft conforming to an FAA-approved design, maintained in
                                                              accordance with EASA Part 145, or Part M when implemented, when
                                                              accompanied by an EASA Form 27, Export Certificate of Airworthiness,
                                                              or a Lithuanian Export Certificate of Airworthiness issued before
                                                              September 28, 2008.
                                                          — New propellers conforming to an FAA-approved design, manufactured
                                                              under a Lithuanian POA, and accompanied by an EASA Form 1, Auth­
                                                              orised Release Certificate, or a JAA Form One issued before September
                                                              28, 2005.
                                                          — The following new parts manufactured under a Lithuanian POA that
                                                              conform to FAA-approved design data and are eligible for installation
                                                              in a product which has been granted an FAA design approval (accom­
                                                              panied by an EASA Form 1, or a JAA Form One issued before
                                                              September 28, 2005):
                                                              — Replacement parts for the products listed above.
 ---pagebreak--- L 291/26          EN                              Official Journal of the European Union                                             9.11.2011
                                                                      Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                            activities
         Luxembourg
         Products and Associated Export Documen­         — Used aircraft conforming to an FAA-approved design, maintained in
         tation Accepted for Import into the U.S.            accordance with EASA Part 145, or Part M when implemented, when
                                                             accompanied by an EASA Form 27, Export Certificate of Airworthiness,
                                                             or a Luxembourgian Export Certificate of Airworthiness issued before
                                                             September 28, 2008.
                                                         — The following new parts manufactured under a Luxembourgian POA
                                                             that conform to FAA-approved design data and are eligible for instal­
                                                             lation in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One issued
                                                             before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
         Netherlands
         Products and Associated Export Documen­         — Used aircraft conforming to an FAA-approved design, maintained in
         tation Accepted for Import into the U.S.            accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             Dutch Export Certificate of Airworthiness issued before September 28,
                                                             2008. If relevant provisions of Part M are not yet implemented, the
                                                             applicable maintenance requirements will be those of the Netherlands,
                                                             and specified on the Dutch Export Certificate of Airworthiness or EASA
                                                             Form 27.
                                                         — New appliances conforming to an FAA-approved design, manufactured
                                                             under a Dutch POA, and accompanied by an EASA Form 1, Authorised
                                                             Release Certificate, or a JAA Form One issued before September 28,
                                                             2005.
                                                         — The following new parts manufactured under a Dutch POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One
                                                             issued before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
 ---pagebreak--- 9.11.2011          EN                              Official Journal of the European Union                                             L 291/27
                                                                       Products, export documentation, and technical assistance
            Aviation Authority in Listed EU Member State
                                                                                             activities
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
          Poland
          Products and Associated Export Documen­         — New airplanes, helicopters, VLA, and sailplanes, conforming to an FAA-
          tation Accepted for Import into the U.S.            approved design, manufactured under a Polish POA, and accompanied
                                                              by an EASA Form 27, Export Certificate of Airworthiness, or a Polish
                                                              Export Certificate of Airworthiness issued before September 28, 2008.
                                                          — Used aircraft conforming to an FAA-approved design, maintained in
                                                              accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                              panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                              Polish Export Certificate of Airworthiness issued before September 28,
                                                              2008. If relevant provisions of Part M are not yet implemented, the
                                                              applicable maintenance requirements will be those of Poland, and
                                                              specified on the Polish Export Certificate of Airworthiness or EASA
                                                              Form 27.
                                                          — New engines and propellers conforming to an FAA-approved design,
                                                              manufactured under a Polish POA, and accompanied by an EASA Form
                                                              1, Authorised Release Certificate, or a JAA Form One issued before
                                                              September 28, 2005.
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under a Polish POA, and accompanied by an EASA Form 1, Authorised
                                                              Release Certificate, or a JAA Form One issued before September 28,
                                                              2005.
                                                          — The following new parts manufactured under a Polish POA that
                                                              conform to FAA-approved design data and are eligible for installation
                                                              in a product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
                                                              — Replacement parts for the Polish products listed above;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
 ---pagebreak--- L 291/28          EN                              Official Journal of the European Union                                             9.11.2011
                                                                      Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                            activities
         Portugal
         Products and Associated Export Documen­         — Used aircraft conforming to an FAA-approved design, maintained in
         tation Accepted for Import into the U.S.            accordance with EASA Part 145, or Part M when implemented, when
                                                             accompanied by an EASA Form 27, Export Certificate of Airworthiness,
                                                             or a Portuguese Export Certificate of Airworthiness issued before
                                                             September 28, 2008.
                                                         — The following new parts manufactured under a Portuguese POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One
                                                             issued before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
         Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
         on Behalf of FAA
                                                         — Conformity inspection.
         Romania
         Products and Associated Export Documen­         — New sailplanes, powered sailplanes, and VLA conforming to an FAA-
         tation Accepted for Import into the U.S.            approved design, manufactured under a Romanian POA, and accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             Romanian Export Certificate of Airworthiness issued before September
                                                             28, 2008.
                                                         — Used aircraft conforming to an FAA-approved design, maintained in
                                                             accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             Romanian Export Certificate of Airworthiness issued before September
                                                             28, 2008. If relevant provisions of Part M are not yet implemented, the
                                                             applicable maintenance requirements will be those of Romania, and
                                                             specified on the Romanian Export Certificate of Airworthiness or
                                                             EASA Form 27.
                                                         — The following new parts manufactured under a Romanian POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One
                                                             issued before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
 ---pagebreak--- 9.11.2011          EN                              Official Journal of the European Union                                             L 291/29
                                                                       Products, export documentation, and technical assistance
            Aviation Authority in Listed EU Member State
                                                                                             activities
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
          (Slovakia)
          Products and Associated Export Documen­         — (The following new parts manufactured under a Slovakian POA that
          tation Accepted for Import into the U.S.            conform to FAA-approved design data and are eligible for installation
                                                              in a product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
                                                              — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).)
          Spain
          Products and Associated Export Documen­         — New airplanes and VLA conforming to an FAA-approved design, manu­
          tation Accepted for Import into the U.S.            factured under a Spanish POA, and accompanied by an EASA Form 27,
                                                              Export Certificate of Airworthiness, or a Spanish Export Certificate of
                                                              Airworthiness issued before September 28, 2008.
                                                          — Used aircraft conforming to an FAA-approved design, maintained in
                                                              accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                              panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                              Spanish Export Certificate of Airworthiness issued before September
                                                              28, 2008. If relevant provisions of Part M are not yet implemented,
                                                              the applicable maintenance requirements will be those of Spain, and
                                                              specified on the Spanish Export Certificate of Airworthiness or EASA
                                                              Form 27.
                                                          — New manned balloons conforming to an FAA-approved design, manu­
                                                              factured under a Spanish POA, and accompanied by an EASA Form 27,
                                                              Export Certificate of Airworthiness, or a Spanish Export Certificate of
                                                              Airworthiness issued before September 28, 2008.
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under a Spanish POA, and accompanied by an EASA Form 1, Auth­
                                                              orised Release Certificate, or a JAA Form One issued before September
                                                              28, 2005.
 ---pagebreak--- L 291/30          EN                              Official Journal of the European Union                                             9.11.2011
                                                                      Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                            activities
                                                         — The following new parts manufactured under a Spanish POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One
                                                             issued before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
         Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
         on Behalf of FAA
                                                         — Conformity inspection.
         Sweden
         Products and Associated Export Documen­         — Used aircraft conforming to an FAA-approved design, maintained in
         tation Accepted for Import into the U.S.            accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                             panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                             Swedish Export Certificate of Airworthiness issued before September
                                                             28, 2008. If relevant provisions of Part M are not yet implemented,
                                                             the applicable maintenance requirements will be those of Sweden, and
                                                             specified on the Swedish Export Certificate of Airworthiness or EASA
                                                             Form 27.
                                                         — New appliances conforming to an FAA-approved design, manufactured
                                                             under a Swedish POA, and accompanied by an EASA Form 1, Auth­
                                                             orised Release Certificate, or a JAA Form One issued before September
                                                             28, 2005.
                                                         — The following new parts manufactured under a Swedish POA that
                                                             conform to FAA-approved design data and are eligible for installation
                                                             in a product or appliance which has been granted an FAA design
                                                             approval (accompanied by an EASA Form 1, or a JAA Form One
                                                             issued before September 28, 2005):
                                                             — Replacement parts regardless of the State of Design for the product
                                                                 and/or appliance;
                                                             — Modification parts for design changes where EASA acts as the State
                                                                 of Design for the design change for an EU applicant. When these
                                                                 modification parts are associated with an EASA STC, the STC must
                                                                 be within the scope of the technical implementation procedures;
                                                             — Modification parts for any product where the U.S. is the State of
                                                                 Design for the design change and the parts are produced under
                                                                 licensing agreement to the U.S. design approval holder (split State
                                                                 of Design and State of Manufacture).
 ---pagebreak--- 9.11.2011          EN                              Official Journal of the European Union                                              L 291/31
                                                                       Products, export documentation, and technical assistance
            Aviation Authority in Listed EU Member State
                                                                                             activities
          Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
          on Behalf of FAA
                                                          — Conformity inspection.
          United Kingdom
          Products and Associated Export Documen­         — New small airplanes and VLA conforming to an FAA-approved design,
          tation Accepted for Import into the U.S.            manufactured under a U.K. POA, and accompanied by an EASA Form
                                                              27, Export Certificate of Airworthiness, or a U.K. Export Certificate of
                                                              Airworthiness issued before September 28, 2008.
                                                          — New airships conforming to an FAA-approved design, manufactured
                                                              under a U.K. POA, and accompanied by an EASA Form 27, Export
                                                              Certificate of Airworthiness, or a U.K. Export Certificate of
                                                              Airworthiness issued before September 28, 2008.
                                                          — New manned balloons conforming to an FAA-approved design, manu­
                                                              factured under a U.K. POA, and accompanied by an EASA Form 27,
                                                              Export Certificate of Airworthiness, or a U.K. Export Certificate of
                                                              Airworthiness issued before September 28, 2008.
                                                          — Used aircraft conforming to an FAA-approved design, maintained in
                                                              accordance with EASA Part 145 or Part M, as applicable, when accom­
                                                              panied by an EASA Form 27, Export Certificate of Airworthiness, or a
                                                              U.K. Export Certificate of Airworthiness issued before September 28,
                                                              2008. If relevant provisions of Part M are not yet implemented, the
                                                              applicable maintenance requirements will be those of the U.K., and
                                                              specified on the U.K. Export Certificate of Airworthiness or EASA
                                                              Form 27.
                                                          — New engines and propellers conforming to an FAA-approved design,
                                                              manufactured under a U.K. POA, and accompanied by an EASA Form
                                                              1, Authorised Release Certificate, or a JAA Form One issued before
                                                              September 28, 2005.
                                                          — New appliances conforming to an FAA-approved design, manufactured
                                                              under a U.K. POA, and accompanied by an EASA Form 1, Authorised
                                                              Release Certificate, or a JAA Form One issued before September 28,
                                                              2005.
                                                          — The following new parts manufactured under a U.K. POA that conform
                                                              to FAA-approved design data and are eligible for installation in a
                                                              product or appliance which has been granted an FAA design
                                                              approval (accompanied by an EASA Form 1, or a JAA Form One
                                                              issued before September 28, 2005):
                                                              — Replacement parts regardless of the State of Design for the product
                                                                  and/or appliance;
                                                              — Modification parts for design changes where EASA acts as the State
                                                                  of Design for the design change for an EU applicant. When these
                                                                  modification parts are associated with an EASA STC, the STC must
                                                                  be within the scope of the technical implementation procedures;
                                                              — Modification parts for any product where the U.S. is the State of
                                                                  Design for the design change and the parts are produced under
                                                                  licensing agreement to the U.S. design approval holder (split State
                                                                  of Design and State of Manufacture).
 ---pagebreak--- L 291/32          EN                              Official Journal of the European Union                                            9.11.2011
                                                                      Products, export documentation, and technical assistance
           Aviation Authority in Listed EU Member State
                                                                                            activities
         Technical Assistance Activities Performed       — Production surveillance and oversight conducted as technical assistance.
         on Behalf of FAA
                                                         — Conformity inspection.
         Acceptance of U.K. Documentation on             — EASA Form 1, Authorised Release Certificate, shall be accepted on parts
         Parts Produced in the U.K. under a U.S.             produced under the quality system of a U.S. Production Approval
         Production Approval                                 Holder, at a PAH’s supplier located in the U.K., when that supplier
                                                             also holds a U.K. POA for the same part.
                                                                      Products, export documentation, and technical assistance
                   United States Technical Agent
                                                                                            activities
         FAA
         Products and Associated Export Documen­         — New aircraft conforming to an EASA-approved design, manufactured
         tation Accepted for Import into the EU              under a U.S. production approval, and accompanied by an FAA Form
                                                             8130-4, Export Certificate of Airworthiness.
                                                         — New manned balloons conforming to an EASA-approved design,
                                                             manufactured under a U.S. production approval, and accompanied by
                                                             an FAA Form 8130-4, Export Certificate of Airworthiness.
                                                         — New airships conforming to an EASA-approved design, manufactured
                                                             under a U.S. production approval, and accompanied by an FAA Form
                                                             8130-4, Export Certificate of Airworthiness.
                                                         — Used aircraft conforming to an EASA-approved design, maintained
                                                             under FAA’s authorised system (i.e. 14 CFR parts 43, 65, 121, 125,
                                                             135, 145 or 129.14) when accompanied by an FAA Form 8130-4,
                                                             Export Certificate of Airworthiness.
                                                         — New and rebuilt engines, and propellers conforming to an EASA-
                                                             approved design, manufactured under a U.S. production approval,
                                                             and accompanied by an FAA Form 8130-4, Export Certificate of
                                                             Airworthiness.
                                                         — New appliances conforming to an EASA-approved design, manu­
                                                             factured under a U.S. production approval and accompanied by an
                                                             FAA Form 8130-3, Authorised Release Certificate.
                                                         — The following new parts manufactured under a U.S. production
                                                             approval that conform to EASA-approved design data and are eligible
                                                             for installation in a product or appliance which has been granted an
                                                             EASA design approval (accompanied by an FAA Form 8130-3, Auth­
                                                             orised Release Certificate):
                                                             — Replacement parts for the product and/or appliance including parts
                                                                 produced under licensing agreement to an EASA design approval
                                                                 holder.
                                                             — Modification parts for design changes where FAA is the State of
                                                                 Design for the design change or the parts are produced under
                                                                 licensing agreement to an EASA design approval holder.
                                                             — PMA replacement and modification parts as defined in the technical
                                                                 implementation procedures when accompanied by an FAA Form
                                                                 8130-3 with appropriate certifying statements.
 ---pagebreak--- 9.11.2011        EN                              Official Journal of the European Union                                            L 291/33
                                                                   Products, export documentation, and technical assistance
                   United States Technical Agent
                                                                                         activities
          Technical Assistance Activities Performed     — Design data (compliance statements) and test witnessing.
          on Behalf of EASA
                                                        — Production surveillance and oversight conducted as technical assistance.
                                                        — Conformity inspection.
 ---pagebreak--- L 291/34         EN                               Official Journal of the European Union                                              9.11.2011
                                                                    ANNEX 2
                                                                MAINTENANCE
         1.     PURPOSE & SCOPE
                The Parties have assessed each other’s standards and systems relating to the approval of repair stations/main­
                tenance organisations that perform maintenance on civil aeronautical products. Consistent with Article 4.A. of the
                Agreement, this Annex covers the reciprocal acceptance of findings of compliance, approvals, documentation, and
                technical assistance regarding approvals and monitoring of repair stations/maintenance organisations as detailed in
                appendices hereto. Nothing in this Annex shall be construed to limit the authority of a Party to act in accordance
                with Article 15 of the Agreement.
         2.     DEFINITIONS
         2.1.   ‘Overhaul’ means a process that ensures the aeronautical article is in complete conformity with the applicable
                service tolerances specified in the type certificate holder’s, or equipment manufacturer’s instructions for continued
                airworthiness, or in the data which is approved or accepted by the Authority.
                No person may describe an article as being overhauled unless it has been at least disassembled, cleaned, inspected,
                repaired as necessary, reassembled and tested in accordance with the above-specified data.
         2.2.   ‘Alteration or modification’ means a change to the construction, configuration, performance, environmental
                characteristics, or operating limitations of the affected civil aeronautical product.
         2.3.   ‘Data approved by the FAA’ means data approved by the FAA Administrator or the Administrator’s designated
                representative, including EC design data reciprocally accepted under Annex 1.
         2.4.   ‘Data approved by EASA’ means data approved by the EC Technical Agent or by an organisation approved by that
                Technical Agent, including US design data reciprocally accepted under Annex 1.
         2.5.   ‘Special Conditions’ means those requirements in either Title 14 of the United States Code of Federal Regulations,
                parts 43 and 145 (hereinafter referred to as 14 CFR part 43 or 145 as applicable) or in Commission Regulation
                (EC) No 2042/2003 Annex II (hereinafter referred to as EASA Part-145) that have been found, based on a
                comparison of the regulatory maintenance systems, not to be common to both systems and which are significant
                enough that they must be addressed.
         3.     JOINT COORDINATION BODY
         3.1.   Composition
         3.1.1. A Joint Maintenance Coordination Board (JMCB), accountable to the Bilateral Oversight Board, is hereby estab­
                lished under the joint leadership of the EASA Director responsible for Organisation Approvals and the FAA
                Director of Flight Standards. It shall include, from each Technical Agent, the appropriate representatives
                responsible for maintenance and quality management systems and rulemaking as appropriate.
         3.1.2. The joint leadership may invite additional participants to facilitate the fulfilment of the mandate of the JMCB.
         3.2.   Mandate
         3.2.1. The JMCB shall meet at least once a year to ensure the effective functioning and implementation of this Annex. Its
                functions shall include:
                (a) developing, approving, and revising detailed guidance to be used for processes covered by this Annex;
                (b) sharing information on major safety issues and developing action plans to address them;
                (c) ensuring the consistent application of this Annex;
                (d) resolving technical issues falling within the responsibilities of the Technical Agents and examining other
                    technical issues that cannot be solved at lower level;
 ---pagebreak--- 9.11.2011         EN                               Official Journal of the European Union                                           L 291/35
                 (e) developing, approving, and revising the detailed guidance to be used for transition, cooperation, assistance,
                      exchange of information, and participation in each other’s internal quality audits, standardisation, and
                      sampling inspections related to maintenance and quality management and standardisation systems;
                 (f) maintaining the list of Aviation Authorities identified in Appendix 2 of this Annex according to the decisions
                      taken by the Bilateral Oversight Board;
                 (g) proposing to the Bilateral Oversight Board amendments to this Annex.
          3.2.2. The JMCB shall report unresolved issues to the Bilateral Oversight Board and ensure the implementation of
                 decisions reached by the Bilateral Oversight Board regarding this Annex.
          4.     IMPLEMENTATION
          4.1.   Subject to the terms of this Annex, the Parties agree that their Technical Agents shall accept inspections and
                 monitoring of repair stations/maintenance organisations made by the other technical agent or where applicable
                 Aviation Authorities, for findings of compliance with their respective requirements as the basis for issuance and
                 continued validity of certificates.
          4.2.   The certificate issued by a Technical Agent under this Annex, shall not exceed the scope of the ratings and
                 limitations contained in the certificate issued by the other Technical Agent or Aviation Authority.
          4.3.   FAA certificates
          4.3.1. Without prejudice to the FAA Administrator’s discretion under 14 CFR part 145, a maintenance organisation shall
                 be issued an FAA certificate and operations specifications if it has been approved for maintenance by an Aviation
                 Authority identified in Appendix 2 of this Annex in accordance with Annex II of Commission Regulation (EC) No
                 2042/2003, complies with the conditions set forth in this Annex, including the FAA Special Conditions set forth
                 in Appendix 1, and an Aviation Authority has issued a recommendation or endorsement to the FAA for
                 certification.
          4.3.2. The FAA certificate shall only cover additional fixed stations located within a Member State listed in Appendix 2.
                 Each additional fixed location must also be under the surveillance of an Aviation Authority identified in
                 Appendix 2.
          4.3.3. The FAA certificate shall only cover line stations located within an EU Member State and under the surveillance of
                 an Aviation Authority identified in Appendix 2.
          4.4.   EASA certificates
          4.4.1. A repair station shall be issued an EASA certificate as detailed in Appendix 4, if it has been approved for
                 maintenance by the FAA in accordance with 14 CFR part 145, complies with the conditions set forth in this
                 Annex including the EASA Special Conditions set forth in Appendix 1, and the FAA has issued a recommendation
                 and endorsement for approval to EASA, except if the EASA Executive Director finds that such action is not
                 necessary for maintaining or altering aeronautical products registered or designed in an EU Member State or parts
                 fitted on these products or the EASA’s resources do not permit handling the application.
          4.4.2. The EASA certificate shall only cover line stations located within the territory of the United States.
          4.5.   The Technical Agents, and where applicable the Aviation Authorities, shall:
                 (a) provide recommendations or endorsements for certification of repair stations to the FAA and of maintenance
                      organisations to the EASA;
                 (b) perform surveillance and provide reports regarding continued compliance with the requirements described in
                      this Annex by maintenance organisations in the European Community and repair stations in the United States;
                 (c) accept or approve, as appropriate, the supplement to the organisation’s manual/exposition submitted by the
                      applicant and found to be in compliance with Appendix 1;
                 (d) comply with the procedures as specified in the Appendix 3.
 ---pagebreak--- L 291/36         EN                              Official Journal of the European Union                                                9.11.2011
         4.6.   Each Party’s Technical Agent, or where applicable Aviation Authority, shall provide upon request technical
                assistance in maintenance activities to the other Party’s Technical Agent, or where applicable Aviation Authority,
                to advance the purposes of this Annex. The Technical Agents or the Aviation Authorities may decline to provide
                such technical assistance due to lack of resource availability, because the maintenance activity is not within the
                scope of this Annex or there is no regulatory involvement with the facility. Such areas of assistance may include,
                but are not limited to:
                (a) conducting and reporting on investigations upon request;
                (b) obtaining and providing data for reports where requested.
         4.7.   The Technical Agents may conduct independent inspections of repair stations/maintenance organisations when
                specific safety concerns warrant in accordance with Article 15.B of the Agreement.
         4.8.   The Parties agree that maintenance and alterations or modification performed on a civil aeronautical product
                under the regulatory control of one Party may be accomplished and that product returned to service by a repair
                station/maintenance organisation under the regulatory control of the other Party, where it has been approved in
                accordance with the provisions of this Annex.
         4.9.   The Parties agree that emergency or non-routine maintenance may be performed outside the territory specified in
                Article 12 to the Agreement in order to maintain an aircraft or component, subject to prior approval. The
                approval for emergency or non-routine maintenance shall be granted in accordance with procedures defined
                by the JMCB.
         4.10. Revisions by either Party, to their civil aviation organisation, regulations, procedures, or standards, including those
                of the Technical Agents and Aviation Authorities, may affect the basis on which this Annex is executed.
                Accordingly, the Parties, through the Technical Agents and Aviation Authorities, as appropriate, shall advise
                each other of plans for such changes at the earliest possible opportunity, and discuss the extent to which such
                planned changes affect the basis of this Annex. If consultations pursuant to Article 15 C. of the Agreement result
                in an agreement to amend this Annex, the Parties shall seek to ensure that such an amendment enters into force
                at the same time as, or as soon as possible after, the entry into force or implementation of the change that
                prompted such amendment.
         5.     COMMUNICATION AND COOPERATION
         5.1.   The Parties, through the JMCB, shall exchange a list of contact points for the various technical aspects of this
                Annex. This list shall be maintained by the Technical Agents.
         5.2.   All communications between the Parties, including technical documentation provided for review or approval as
                detailed in this Annex, shall be in the English language.
         5.3.   When urgent or unusual situations develop, the Technical Agents’, and where applicable the Aviation Authorities’
                contact points shall communicate and ensure that the appropriate immediate actions are taken.
         6.     QUALIFICATION REQUIREMENTS FOR THE ACCEPTANCE OF FINDINGS OF COMPLIANCE
         6.1.   Basic Requirements
         6.1.1. Each Party’s Technical Agent and Aviation Authorities, as applicable, shall demonstrate to the other Party’s
                Technical Agent their respective systems for the regulatory oversight of repair stations/maintenance organisations.
                In order to carry out oversight of repair stations/maintenance organisations on behalf of the other Party, each
                Party’s Technical Agents and Aviation Authorities, as applicable, shall demonstrate, in particular, effective and
                adequate:
                (a) legal and regulatory structure;
                (b) organisational structure;
                (c) resources, including sufficient qualified staff;
                (d) training program;
                (e) internal policies, processes and procedures;
                (f) documentation and records;
 ---pagebreak--- 9.11.2011         EN                                 Official Journal of the European Union                                              L 291/37
                 (g) active certification and surveillance program;
                 (h) authority over regulated entities.
          6.2.   Initial confidence
          6.2.1. The Technical Agents and Aviation Authorities identified in Appendix 2 of this Annex at the time of entry into
                 force of the Agreement meet the requirements of this Annex, following the confidence building process conducted
                 for the purpose of entering into the Agreement.
          6.2.2. When the JMCB determines that an Aviation Authority has successfully completed an assessment for compliance
                 with the requirements of this Annex, it shall make a proposal to the Bilateral Oversight Board for the inclusion of
                 the Aviation Authority in Appendix 2.
          6.3.   Continued confidence
          6.3.1. The Technical Agents and Aviation Authorities shall continue to demonstrate effective oversight as detailed in
                 paragraph 6.1.1 according to JMCB procedures.
                 (a) In particular, Technical Agents and Aviation Authorities shall:
                          (i) have the right to participate in each other’s quality audits, standardisation and sampling inspections and
                              establish an annual schedule of sampling inspections including potential changes as necessary to adapt to
                              circumstances;
                         (ii) submit to inspections as detailed in 6.3.1 (a) (i);
                        (iii) ensure that regulated entities provide access to both Technical Agents for audits and inspections;
                        (iv) make available the reports from quality audits, standardisation and sampling inspections applicable to
                              this Annex;
                         (v) make the appropriate personnel available to participate in the sampling inspection;
                        (vi) make available the maintenance organisation’s records, inspection reports including completed
                              enforcement actions;
                       (vii) provide interpretive assistance at the Aviation Authority’s office during the review of internal main­
                              tenance organisation records and documentation that are recorded in the national language;
                      (viii) assist each other in closure of any findings from the inspection; and
                        (ix) ensure that any sampling inspections are identified and based on risk analysis and objective criteria,
                              without prejudice to the discretionary power of the Technical Agents.
                 (b) The Technical Agents shall notify each other at the earliest opportunity in the event that a Technical Agent or
                      Aviation Authority is not able to meet a requirement in this paragraph. If either Technical Agent believes that
                      technical competency is no longer adequate, the Technical Agents shall consult and propose an action plan,
                      including any necessary rectification activities, in order to address deficiencies.
                 (c) In the event that a Technical Agent or Aviation Authority does not rectify deficiencies within the timeframe
                      specified in the action plan, either Technical Agent may refer the matter to the JMCB.
                 (d) when a Party intends on suspending acceptance of findings or approvals made by a Technical Agent or
                      Aviation Authority, the Party shall promptly notify the other Party in accordance with Article 18 A of the
                      Agreement.
          7.     NOTIFICATION OF INVESTIGATION OR ENFORCEMENT ACTION
          7.1.   Consistent with the provision of Article 8 of the Agreement, each Party, through its Technical Agents, and where
                 applicable, the Aviation Authorities, shall notify each other promptly of any investigation and subsequent closure
                 actions for a non-compliance within the scope of this Annex by a repair station/maintenance organisation under
                 the regulatory control of the other Party that could result in an enforcement action in the form of a penalty or the
                 revocation, suspension, or limitation of a certificate.
          7.2.   The notification shall be sent to the other Party’s appropriate contact point identified in the list referred to in
                 Article 5 of this Annex.
 ---pagebreak--- L 291/38       EN                               Official Journal of the European Union                                              9.11.2011
         7.3. The Parties retain the right to take such enforcement action. However, in some cases, a Party may choose to
              review a remedial action taken by the other Party. The enforcement consultation process under this Annex will be
              subject to a regular joint review by the JMCB.
         7.4. In the event of a revocation or suspension of an FAA 14 CFR part 145 certificate of a repair station or a certificate
              for an Approved Maintenance Organisation pursuant to Commission Regulation (EC) No 2042/2003 Annex II,
              the Technical Agent and where applicable, Aviation Authority shall notify the other Technical Agent of the
              revocation or suspension.
         8.   TRANSITION PROVISIONS
         8.1. For the transition of approvals issued pursuant to the bilateral agreements between the United States and
              European Community Member States listed in Attachment 1 of the Agreement and valid at the time of the
              entry into force of this Annex, the Parties agree to the following transition provisions.
         8.2. Notwithstanding Article 16 C, repair station/maintenance organisation approvals issued by a Technical Agent or
              Aviation Authority pursuant to Maintenance Implementation Procedures (hereinafter referred to as ‘MIPs’) under
              the bilateral agreements listed in Attachment 1 of the Agreement and valid at the time of the entry into force of
              this Annex, shall be considered to be valid by the Parties to this Agreement under the terms as accepted under the
              listed agreements for a period of 2 years from the entry into force of this Annex, provided that the repair
              station/maintenance organisation that received such approvals remains in compliance with the Special Conditions
              contained in the MIPs, as amended, until such time as they transition to the Special Conditions of this Annex.
         9.   TRANSFER PROVISIONS
              The Parties agree that the transition of approvals of repair stations located in EU Member States listed in Appendix
              2, but under the direct oversight of the FAA on the date of entry into force of this Annex, shall be accomplished
              in accordance with the following transfer provisions.
              — An Aviation Authority must complete training of its personnel regarding procedures relating to the
                   Agreement, this Annex and the FAA Special Conditions prior to repair stations being transferred.
              — Once a sufficient number of staff has completed the training to provide oversight of the facilities transferred in
                   accordance with this Annex, the FAA shall transfer the activities of inspecting, monitoring and surveillance of
                   qualified 14 CFR part 145 repair stations to the appropriate Aviation Authority.
              — The transfers to the Aviation Authorities shall take place within 2 years of the date of the entry into force of
                   this Annex in accordance with JMCB approved procedures.
         10.  FEES
              Fees shall be applied in accordance with Article 14 of the Agreement and in accordance with applicable regulatory
              requirements.
 ---pagebreak--- 9.11.2011          EN                                   Official Journal of the European Union                                            L 291/39
                                                                        Appendix 1
                                                                  SPECIAL CONDITIONS
          1.     EASA SPECIAL CONDITIONS APPLICABLE TO U.S.-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 Repair Station Manual (RSM) that is verified and accepted
                      by the FAA on behalf of EASA. All revisions to the supplement must be accepted by the FAA. The supplement
                      shall include the following:
                          (i) the supplement must contain 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 United States;
                        (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 FAA Form 8130 3 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 FAA-approved initial and recurrent training
                              programme and any revision thereto include human factors training;
                       (vii) procedures for reporting un-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.
          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 FAA shall verify that the repair station:
                 (a) allow EASA, or the FAA on behalf of EASA, to inspect it for continued compliance with the requirements of
                      the 14 CFR part 145 and these Special Conditions (i.e. EASA Part-145);
 ---pagebreak--- L 291/40          EN                                 Official Journal of the European Union                                              9.11.2011
                (b) accept that investigation and enforcement action may be taken by EASA in accordance with any relevant EC
                    regulations and EASA procedures;
                (c) cooperate with any EASA investigation or enforcement action;
                (d) continue to comply with 14 CFR part 43 and part 145, and these Special Conditions.
         2.     FAA SPECIAL CONDITIONS APPLICABLE TO EU BASED APPROVED MAINTENANCE ORGANI­
                SATIONS (AMOS)
         2.1.   To be approved in accordance with CFR part 145, 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 FAA.
                (a) The application for both initial and renewed FAA certification shall include:
                      (i) a statement demonstrating that the FAA repair station certificate and/or rating is necessary for maintaining
                           or altering U.S.-registered aeronautical products or foreign-registered aeronautical products operated under
                           the provisions of 14 CFR;
                     (ii) a list of maintenance functions, approved by the Aviation Authority, to be contracted/sub-contracted to
                           perform maintenance on U.S. civil aeronautical products;
                    (iii) in the case of transport of dangerous goods, written confirmation, demonstrating that all involved
                           employees have been trained in the transport of dangerous goods in accordance with ICAO standards.
                (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 FAA. All revisions to the supplement must be approved by the Aviation Authority. The FAA
                    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 FAA special conditions;
                      (iii) procedures for approval for release or return to service that satisfy the requirements of 14 CFR part 43
                            for aircraft and use of EASA Form 1 for components. This includes the information required by 14 CFR
                            sections 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 FAA failures, malfunctions, or defects, and Suspected Unapproved Parts
                            (SUP) discovered, or intended to be installed, on U.S. aeronautical products;
                       (v) procedures to notify the FAA regarding any changes to line stations that:
                            (1) are located in an EU Member State; and
                            (2) maintain U.S. registered aircraft; and
                            (3) that will impact the FAA 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-
                            FAA-certificated source to return the article to the AMO for final inspection/testing and return to service;
                    (viii) procedures for submitting quarterly utilisation reports to the FAA identifying the top 10 contractors/
                            subcontractors (outsource Maintenance providers);
                      (ix) procedures to ensure that major repairs and major alterations/modifications (as defined in 14 CFR) are
                            accomplished in accordance with data approved by the FAA;
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                      (x) procedures to ensure compliance with air carrier’s Continuous Airworthiness Maintenance Program
                          (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 (ICA) and handling of deviations. Procedures to ensure that all current and
                          applicable airworthiness directives (AD) published by the FAA are available to maintenance personnel
                          at the time the work is being performed;
                    (xii) procedures to confirm that the AMO supervisors and employees responsible for final inspection and
                          return to service of U.S. aeronautical products are able to read, write, and understand English;
                   (xiii) procedures to permit work away from fixed location on a recurring basis, when applicable.
          2.2. To continue to be approved in accordance with 14 CFR part 43 and part 145, pursuant to the terms of this
               Annex, the AMO shall comply with the following. The Aviation Authority shall verify that the AMO:
               (a) allow FAA, or the Aviation Authority on behalf of the FAA, to inspect it for continued compliance with the
                   requirements of EASA Part-145 and these Special Conditions (i.e., 14 CFR part 43 and part 145);
               (b) investigations and enforcement by the FAA may be undertaken in accordance with FAA 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) where regulatory compliance is maintained, this permits the FAA to renew the AMO’s initial certification after
                   12 months and every 24 months thereafter.
 ---pagebreak--- L 291/42          EN                            Official Journal of the European Union                                   9.11.2011
                                                               Appendix 2
         Technical Agents considered qualified for the purposes of this Annex:
         The Federal Aviation Administration
         The European Aviation Safety Agency
         Aviation Authorities of the following EU Member States are considered qualified for the purposes of this Annex:
         The Republic of Austria
         The Kingdom of Belgium
         The Czech Republic
         The Kingdom of Denmark
         The Republic of Finland
         The French Republic
         The Federal Republic of Germany
         Ireland
         The Italian Republic
         The Grand Duchy of Luxembourg
         The Republic of Malta
         The Kingdom of the Netherlands
         The Republic of Poland
         The Portuguese Republic
         The Kingdom of Spain
         The Kingdom of Sweden
         The United Kingdom of Great Britain and Northern Ireland
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                                                                    Appendix 3
                                                     AVIATION AUTHORITY PROCEDURES
          The Aviation Authority acting on behalf of the FAA shall in accordance with agreed JMCB guidance and procedures carry
          out the following actions:
          1. for initial Maintenance Organisation Application:
             (a) review the applicant’s documentation for the FAA certificate;
             (b) provide the applicant all appropriate procedures;
             (c) review and provide to the FAA all pre-application information;
             (d) review and approve the applicant’s FAA supplement to the AMO Maintenance Organisation Exposition;
             (e) conduct an audit/inspection of the AMO for compliance with applicable guidance material;
             (f) approve and provide the FAA with a complete application package including a copy of the surveillance report and
                 a signed recommendation for FAA certification;
             (g) retain a current copy of the FAA Supplement.
          2. For renewal of a Maintenance Organisation’s FAA certificate:
             Renewals are to be conducted 12 months after the initial certification and every 24 months thereafter.
             (a) review the applicant’s documentation for the FAA certificate;
             (b) verify that the required facility inspection(s) have been completed;
             (c) review and approve any amendment to the FAA supplement to the AMO Maintenance Organisation Exposition;
             (d) advise the FAA of any findings relevant to the complete facility inspection;
             (e) approve and provide the FAA with a complete application package including a copy of the surveillance report and
                 a signed recommendation for FAA renewal.
          3. For change or amendment to the FAA certificate:
             (a) ensure that all changes or amendments include as a minimum the submittal of an application;
             (b) for the addition of line stations or fixed locations, provide the FAA with a report and recommendation.
 ---pagebreak--- L 291/44          EN                             Official Journal of the European Union                                                  9.11.2011
                                                                  Appendix 4
                                              EASA FORM 3 — U.S. APPROVAL CERTIFICATE
                                                          APPROVAL CERTIFICATE
                                                        REFERENCE EASA.145.XXXX
         Taking into account the provisions of Article 9(2) of Regulation (EC) No 1592/2002 of the European Parliament and of
         the Council and the bilateral agreement currently in force between the European Community and the Government of the
         United States of America, the European Aviation Safety Agency (EASA) hereby certifies:
                                                             COMPANY’S NAME
                                                                   ADDRESS
                                                                   ADDRESS
                                                                   ADDRESS
         as a Part-145 maintenance organisation approved to maintain the products listed in the FAA Air Agency Certificate and
         associated Operations Specifications and issue related certificates of release to service using the above reference, subject to
         the following conditions:
         1. the scope of the approval is limited to that specified on the 14 CFR part 145 repair station Air Agency Certificate, and
            the associated Operations Specifications for work carried out in the United States (unless otherwise agreed in a
            particular case by EASA);
         2. the approval scope shall not exceed the permitted EASA Part-145 ratings as detailed in Regulation EC (No)
            2042/2003;
         3. this approval requires continued compliance with 14 CFR part 145 and the differences as specified in the Maintenance
            Implementation Procedures, including the use of the FAA Form 8130-3 for release/return to service of components up
            to and including power plants;
         4. certificates of return to service must quote the EASA Part-145 approval reference number quoted above and the 14
            CFR part 145 Air Agency Certificate number;
         5. subject to compliance with the foregoing conditions, this approval shall remain valid until:
            (2 year validity period)
            unless the approval is surrendered, superseded, suspended or revoked.
         Date of issue
         Signed
         For EASA