WORKING ARRANGEMENT ON AIRWORTHINESS BETWEEN THE EUROPEAN AVIATION SAFETY AGENCY AND THE INTERSTATE AVIATION COMMITTEE

     The European Aviation Safety Agency (EASA), established by Regulation (EC) N° 1592/2002 of the European Parliament and of the Council of 15.07.2002 as the authorised representation of EU Member States for the execution of all tasks related to the design of aeronautical products, parts and appliances designed, manufactured or used under the regulatory oversight of EU Member States, and the Interstate Aviation Committee (IAC), established by the Intergovernmental Agreement on Civil Aviation and Use of Airspace as aircraft type and production certification Civil Aviation Authority for the States-signatories of the above Agreement, hereinafter referred to as the Contracting Parties,

     Desiring to promote civil aviation safety and environmental quality,

     Noting common concerns for the safe operation of civil aircraft,

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

     Recognising the emerging trend toward multinational design, production and interchange of civil aeronautical products,

     Trying to attain high level of flight safety and recognising the expediency of consolidation and strengthening in this field,

     Being entitled by their respective constituting acts to conclude working arrangements in their field of competence,

Have agreed as follows:

ARTICLE 1
DEFINITIONS

For the purpose of this Arrangement:

Additional technical conditions means the terms notified by the importing Party for the approval of the design or for the airworthiness certification of aeronautical products, parts and appliances to account for differences between the Contracting Parties in:

     i) adopted airworthiness and environmental standards;

     ii) special conditions relating to novel or unusual features of the aeronautical product design which are not covered by the adopted airworthiness and environmental standards;

     iii) application of exemptions from, or equivalent safety findings to, the adopted airworthiness and environmental standards;

     iv) design-related operational requirements;

     v) mandatory airworthiness actions taken to correct unsafe conditions.

Airworthiness criteria means criteria governing the design, performance, materials, workmanship, manufacture, maintenance and alteration or modification of civil aeronautical products as described by the importing party to enable it to find that the design, manufacture and condition of these aeronautical products comply with its own laws, regulations, standards and requirements concerning airworthiness.

Aeronautical product in respect to the applicability of this document means an aircraft, aircraft engines or propellers. (An Auxiliary Power Unit (APU) is considered a product as an aircraft engine in the IAC certification system).

Airworthiness certification means granting an airworthiness certificate, approval or acceptance, as appropriate, by or on behalf of the Authority for a particular aeronautical product, new parts, including modifications and/or replacements parts, to permit its use consistent with its applicable laws, regulations, standards and requirements.

Design approval means granting a certificate, approval or acceptance by or on behalf of the Authority for the type design of aeronautical products, parts and appliances.

Design-related operational requirements means operational or environmental requirements related to design features of an aircraft or data on its design relating to its operation or maintenance that make it eligible for a particular kind of operation.

Environment criteria means criteria governing the design, performance, materials, workmanship, and manufacture of a civil aeronautical product as prescribed by the Importing Authority, to enable it to find that the product complies with its laws, regulations, standards, and requirements concerning noise and emissions abatement.

Parts and appliances means any instrument, mechanism, equipment, part, apparatus, appurtenance or accessory, including communication equipment that is used, or intended to be used, in operating or controlling an aircraft in flight and is installed in, or attached to, the aircraft. It includes parts of an airframe, engine or propeller.

State-signatory of the Agreement means a State that is a party to the Intergovernmental Agreement on Civil Aviation and Use of Airspace approved on 30th December 1991, in Minsk.

Type design means the description of all characteristics of an aeronautical product, including its design, manufacture, limitations and continued airworthiness instructions, which determine its airworthiness.

Exporting Party means the EASA in the case of a civil aeronautical product, parts and appliances exported from the EU Member States to the States-signatories of the Agreement; and the IAC in the case of a civil aeronautical product, parts and appliances exported from the States-signatories of the Agreement to the EU Member States.

Importing Party means the EASA in the case of a civil aeronautical product, parts and appliances imported to the EU Member States from the States-signatories of the Agreement; and the IAC in the case of a civil aeronautical product, parts and appliances imported to the States-signatories of the Agreement from the EU Member States.

ARTICLE 2
OBJECTIVES

The Contracting Parties have agreed, taking into account the level of co-operation achieved between IAC, JAA and the EU Member States aviation authorities, on the following objectives for co-operation:

a. to develop and employ procedures for granting design approvals and airworthiness and environmental certification to civil aeronautical products, parts and appliances imported from the other Contracting Party so as to give maximum practicable credit for technical evaluations, test results, inspections, conformity statements, marks of conformity and certificates accepted or issued by or on behalf of the exporting Party in granting its own design approvals or airworthiness and environmental certification to such aeronautical products, parts and appliances;

b. to encourage co-operation and assistance between Contracting Parties in achieving common safety and environmental quality objectives, to establish and maintain airworthiness, environmental standards and certification systems which are similar to those of the other Contracting Party as is practicable, and to co-operate in the reduction of the economic burden imposed on aviation industries and operators by avoiding redundant technical evaluations, tests and inspections; and

c. in the course of the above activities to further study, and become acquainted with, the standards and systems of the other Contracting Party, to progress toward an expanded arrangement and eventually toward a formal bilateral agreement when it has been mutually agreed that the procedures and systems are sufficiently equivalent.

ARTICLE 3
SCOPE OF COVERAGE

This Arrangement applies to:

a. The acceptance by the importing party of the design approval, including alterations or modifications to a design, environmental approval, and the finding of compliance made by the exporting party with the importing party’s design related operational requirements, for civil aeronautical products, parts and appliances for which the exporting party is the type certificating authority;

b. The acceptance by the importing party of the airworthiness certification of civil aeronautical products, parts and appliances that may be exported from each Contracting Party;

c. Co-operation and assistance on continued airworthiness of in-service products, parts and appliances;

d. Co-operation, assistance, and exchange of information regarding safety and environmental standards and certification systems;

e. Co-operation in providing technical evaluation assistance.

ARTICLE 4
IMPLEMENTATION TO DESIGN APPROVAL

a. This arrangement applies to products, parts and appliances listed in Attachment 1 that is specified by the Parties and is an integral part of this arrangement. This list will be regularly updated by a mutual agreement.

b. This arrangement shall be implemented in accordance with technical procedures mutually agreed for each particular product. Such procedures shall be consistent with the principles specified hereunder in this article. These technical procedures shall be included in the schedule of implementation procedures in Attachment 2.

c. For each new project the exporting party will assist the importing party to become familiar with the aeronautical product, parts and appliances to be imported and with the laws, regulations, standards, requirements and the certification system applied by the exporting party.

d. As soon as practicable, after it has become familiar with the design of an aeronautical product, the importing party shall notify the exporting party of its airworthiness and environmental criteria for that design approval of the aeronautical product, parts and appliances, in terms of the laws regulations, standards, requirements and certification system of the exporting authority together with any additional technical conditions it deems necessary.

e. These additional technical conditions will be prescribed to ensure that the aeronautical product meets the airworthiness and environmental standards which would be required for a similar aeronautical product, parts and appliances, designed or manufactured in the jurisdiction of the importing party, at the time that the application was received, for the approval of the aeronautical product type design by the exporting party.

f. On request from the exporting party, the importing party will promptly advise the exporting party of its current design-related operational requirements.

g. The exporting party, by using its established certification system involving technical evaluation, tests, determinations and inspections, will determine and so certify to the importing party that the product design, or an alteration or modification thereto, complies with the criteria identified as described in "d" and "f" above.
In the absence of specific interpretations of means of compliance of these criteria prescribed by the importing party, the exporting party shall use in making this determination of compliance the interpretations and means of compliance which it deems appropriate.

h. The importing party will make its finding of compliance with its own laws, regulations, standards and requirements by giving the appropriate credit to that certification of compliance provided by the exporting party in accordance with "g" above. Additional investigation test may be required and witnessed by the importing party to ensure compliance to its airworthiness and environmental criteria.

ARTICLE 5
IMPLEMENTATION TO AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION

For each product, part and appliance listed in Attachment 1 the exporting party will assist the importing party in determining that an aeronautical product, part or appliances conforms in construction to a design approved by the importing party and is in a condition for safe operation.

ARTICLE 6
CONTINUED AIRWORTHINESS

a. The Contracting Parties will co-operate in analysing airworthiness aspects originating from accidents and incidents having occurred on aeronautical products, parts and appliances listed in Attachment 1.

b. In respect of aeronautical products, parts and appliances designed or manufactured under its jurisdiction, the exporting party will, where appropriate, specify any actions it deems necessary to correct any unsafe condition of the type design that may be discovered after an aeronautical product, parts and appliances are placed in service, including any actions in respect of components designed or manufactured by a supplier under a contract with the type certificate holder.

c. In respect of an aeronautical product, parts and appliances designed or manufactured under its jurisdiction, the exporting party will assist the importing party in establishing any actions deemed necessary by the importing party for continuing airworthiness of such aeronautical product.

d. Each Contracting Party will promptly inform the other of all mandatory airworthiness modifications, special inspections, special operating limitations or other actions which it deems necessary for continuing airworthiness of the relevant aeronautical products, parts and appliances designed or manufactured under its jurisdiction.

e. The provisions of this Article shall be further elaborated in the technical procedures referred to in Attachment 2

ARTICLE 7
MUTUAL COOPERATION AND ASSISTANCE

a. In respect of aeronautical products, parts and appliances designed or manufactured under its jurisdiction, the exporting party will, on request, assist the importing party in determining whether the design of major changes, or repairs made under the control of the importing party, comply with the airworthiness and environmental standards under which such aeronautical products, parts and appliances were originally approved by the exporting party.

b. Each Contracting Party will apprise the other of all its relevant airworthiness and environmental laws, regulations, standards and requirements, and of its airworthiness and environmental certification system.

c. Each Contracting Party will, as soon as practicable, notify the other of proposed significant revisions to its standards and system for airworthiness and environmental certification or approval; offer the other Party an opportunity to comment and give due consideration to the comments made by the other Party on the intended revisions.

d. The Contracting Parties will provide to each other such technical evaluation assistance, as they consider appropriate.

ARTICLE 8
INTERPRETATION

In the case of conflicting interpretation of the laws, airworthiness or environmental regulations/standards, requirements, or acceptable means of compliance pertaining to certifications, approvals, or acceptance under this Arrangement, the interpretation of the Contracting Party whose law, regulation/standard, requirement, or acceptable means of compliance is being interpreted shall prevail.

ARTICLE 9
LANGUAGE

Correspondence and documentation will be prepared and submitted in English unless otherwise specified by the Contracting Parties by a mutual agreement.

ARTICLE 10
ENTRY INTO FORCE

a. The Contracting Parties will work in accordance with this Arrangement from the date at which it has been signed by the Parties. It may be revised by a mutual agreement of the contributing parties.

b. Each Contracting Party shall keep the other Contracting Party advised as to its identity and of any changes in its competence with relevance to this Arrangement.

ARTICLE 11
TERMINATION

Either Contracting Party may terminate this Arrangement at any time by giving notice in writing to the other Contracting Party. The Arrangement shall terminate 6 (six) months following the date of receipt of the notice by the other Contracting Party, unless the said notice of termination has been withdrawn by a mutual agreement before the expiry of that period.

DONE at St. Petersburg on July 16, in the year 2004 in duplicate in English language.