Appendix 1
3. The competent aeronautical authorities of the importing State shall have the right to make acceptance of any certification by the competent aeronautical authorities of the exporting State dependent upon the product meeting any additional requirements which the importing State finds necessary to ensure that the product meets a level of safety equivalent to that provided by its applicable laws, regulations and requirements which would be effective for a similar product produced in the importing State. The competent neronautical authorities of the importing State shall promptly advise the competent aeronautical authorities of the exporting State of any such additional requirements.
4. The competent aeronautical authorities of each Contracting State shall keep the competent aeronautical authorities of the other Contracting State fully informed of all mandatory nirworthiness modifications and special inspections which they determine are necessary in respect of imported or exported products to which this Agreement applies.
5. The competent aeronautical nuthorities of the exporting State shall, in respect of products produced in that State, assist the competent aeronautical authorities of the importing State in determining whether major design changes and major repairs made under the control of the competent aeronautical authorities of the importing State comply with the laws, regulations and requirements under which the product was originally certificated or approved.
6. The competent aeronautical authorities of each Contracting State shall keep the competent aeronautical authorities of the other Contracting State currently informed of all relevant laws, regulations and requirements in their State.
7. In the case of conflicting interpretations of the laws, regulations or requirements pertaining to certifications or approvals under this Agreement, the interpretation of the competent aeronautical authorities of the Contracting State whose law, regulation or requirement is being interpreted shall prevail.
8. For the purpose of this Agreement:
(a) "Products" means aircraft, engines, propellers and appliances listed in the Annex;
(b) "Aircraft" means civil aircraft of all categories, whether used in public transportation or for other purposes, and includes replacement and modification parts therefor;
(c) "Engines" means engines intended for use in aircraft as defined in (b) and includes engine accessories and engine replacement and modification parts therefor;
(d) "Propellers" means propellers intended for use in aircraft as ‹efined in b) and includes replacement and modification parts TIAS 8407 Page 115
Appendix 1
(e) "Appliance" means any instrument, equipment, mechanism, apparatus or accessory used or intended to be used in operating an aircraft in fight, which is installed in, intended to be installed in, or attached to the aircraft as defined in (b), but is not part of an airframe, engine or propeller, and includes replacement and modification parts therefor produced in one Contracting State" means that the product or component as a whole is fabricated in the exporting State; except that parts of a product fabricated in a State with which the importing State does not have a relevant bilateral airworthiness agreement may be used when approval is granted by the importing State, which will be done on a case-by-case basis;
(g) "Applicable laws, regulations and requirements" means:
(i) those airworthiness laws, regulations and requirements which are effective on the date the manufacturer applies for certificntion of the product in the importing State, or,
(n) for products currently in production, those airworthiness requirements effective on the date of the latest amendment of the nirworthiness requirements which were required to be used for the certification of the product in the exporting State or those airworthiness requirements of the importing State applicable to a similar product certificated to airworthiness requirements of the same date, or,
(111) for products no longer in production, such airworthiness requirements as the ‹competent aeronautical authorities of the importing State find acceptable in the particular case; and
(h) "Competent aeronautical authorities" means the authorities which according to the laws of the Contracting State concerned have the responsibility for airworthiness certification of civil aeronautical products and components.
9. The competent aeronautical authorities of each Contracting State shall make such mutual arrangements in respect of procedures as they deem necessary to implement this agreement, and to ensure that redundant certification, testing and analysis are avoided.
10. Each Contracting State shall keep the other Contracting State advised as to the identity of its competent aeronautical authorities.
11. Either Contracting State may terminate this Agreement at the expiration of not less than six months after giving written notice of that intention to the other State.
12. This Agreement shall terminate and replace the Agreement between the two Governments for the reciprocal validation of certifi- TIAS S40T Page 116
AC 21-18 8/20/82 Appendix 1 cates of airworthiness, effected by an exchange of notes at Washington on September 16, 1965 and September 27, 1965.['] Upon the receipt of a note from Your Excellency indicating that the foregoing provisions are acceptable to the Government of the Polish People's Republic, the Government of the United States of America will consider that the present note and your reply thereto constitute an agreement between our two Governments on this subject which shall enter into force on the date of your reply.
Accept, Excellency, the renewed assurances of my highest consideration.
For the Secretary of State:
PAUL BOEKER His Excellency Dr. WITOLD TRAMPCZYNSKI, Ambassador of the Polish People's Republic.
ANNEX PRODUCTS FROM POLAND:
(A) Civil glider aircraft, and replacement and modification parttherefor, designed and produced in Poland:
(B) Piston engines of 1000 H.P. or less with associated propellers and accessories, and replacement and modification parts therefor, produced in Poland;
((') Small fixed-wing aircraft of 12,500 Ibs. or less maxmun takeoff gross weight, and replacement and modification parts therefor, produced in Poland, and designed in Poland or the United States or in another State with which the United States has a bilateral airworthiness agreement covering such aircraft, provided that in this last case, responsibility for «lesign control exists in Poland.
PRODUCTS FROM THE UNITED STATES, ITS TERRORITIES AND POSSESSIONS:
L.S. ‹esigned and produced aircraft, engines, propellers and appliances.
1 TIAS 5868: 16 UST 1208 TIAS 8407 Page 117 (and 118)
AC 21-18 8/20/82 Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 8140
CERTIFICATES OF AIRWORTHINESS FOR
IMPORTED CIVIL GLIDER AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and the SOCIALIST REPUBLIC
OF ROMANIA Effected by Exchange of Notes Signed at Washington December 7, 1976 Page 119
Appendix 1
SOCIALIST REPUBLIC OF ROMANIA Certificates of Airworthiness for Imported Civil Glider Aircraft Agreement effected by exchange of notes Signed at Washington December 7, 1976;
Entered into force December 7, 1976.
The Romanian Ambassador to the Acting Secretary of State
EMBASSY OF THE
SOCIALIST REPUBLIC OF ROMANIA WASHINGTON, D.C.
WASHINCTOX, D.C., DEcember Ith 1976 DEAR ACTING SECRETARY OF STATE:
I have the honor to refer to the discussions which have recently taken place between the representatives of the Government of the Socialist Republic of Romania and the Goverument of the United States of America regarding reaching an understanding concerning the reciprocal acceptance of certificates of airworthiness for imported civil glider aircraft.
It is my understanding that the Agreement shall be as follows:
1.a.-The present Agreement applies to civil glider aircraft constructed in the Socialist Republic of Romania and exported to the United States of America, and to civil glider aircraft constructed in the United States of America and exported to the Socialist Republic of Romania.
b.-As used hereinafter, the term "civil glider aircraft" shall include both the gliders and the spare parts for such gliders.
c.-In accordance with their own regulations, the two Governments have designated, for the implementation of the previsions of this Agreement, the following competent authorities:
-Department of Civil Aviation for the Socialist Republic of Romania.
-Federal Aviation Administration for the United States of America.
TIAS 8440 Page 120
2. The same validity shall be conferred by the competent authority of the Socialist Republic of Romania on certificates of airworthiness for export issued by the competent authority of the United States for civil glider aircraft subsequently to be registered in the Socialist Republic of Romania as if they had been issued under the regulations in force on the subject in the Socialist Republic of Romanin, provided that such civil glider aircraft have been constructed in the United States of America and the competent authority of the United States of America has certified that the type design of the civil glider aircraft complies with the airworthiness requirements of the United States of America together with any special conditions prescribed in accordance with paragraph 6, and has certified that the particular civil glider aircraft confornı to such type design.
3. The same validity shall be conferred by the competent authority of the United States of America on certificates of airworthiness for export issued by the competent authority of the Sociulist Republic of Romania for civil glider aircraft subsequently to be registered in the United States of America as if they had been issued under the regulations in force on the subject in the United States of America, provided that such civil glider aircraft have been constructed in the Socialist Republic of Romania, and the competent authority of the Socialist Republic of Romania has certified that the type design of the civil glider aircraft complies with the airworthiness requirements of the Socialist Republic of Romania together with any special conditions prescribed in accordance with paragraph 6, and has certified that the particular civil glider aircraft conform to such type design.
4.a.-The competent authority of the Socialist Republic of Romania shall arrange for the effective communication to the competent authority of the United States of America of particulars of compulsory modifications prescribed in the Socialist Republic of Romania, for the purpose of enabling the nuthority of the United States of America to require these modifications to be made to civil glider aircraft of the types affected, whose certificates have been validated by them.
b.-In the case of civil glider aircraft for which the Socialist Republic of Romania has issued certificates of airworthiness for export, subsequently validated by the United States of America, the competent authority of the Socialist Republic of Romania shall, when requested, afford the competent authority of the United States of America assistance in determining that major design changes or major repairs made to such civil glider aircraft comply with the applicable airworthiness requirements of the Socialist Republic of Romania.
5.n.-The competent authority of the United States of America shall arrange for the effective communication to the competent authority of the Socialist Republic of Romania of particulars of compulsory modifications prescribed in the United States of America, for the purpose of enabling the authority of the Socialist Republic of TIAS 8440 Page 121
Appendix 1 Romania to require these modifications to be made to civil glider aircraft of the types affected, whose certificates have been validated by them.
b.-In the case of civil glider aircraft for which the United States of America has issued certificates of airworthiness for export, subsequently validated by the Socialist Republic of Romania, the competent authority of the United States of America shall, when requested, afford the competent authority of the Socialist Republic of Romania assistance in determining that major design changes or major repairs made to such civil glider aircraft comply with the applicable airworthiness requirements of the United States of America.
6.a-The competent authority of each country shall have the right to make the validation of certificates of airworthiness for export dependent upon the fulfillment of any special conditions which are for the time being required by them for the issuance of certificates of airworthiness in their own country. Information concerning special conditions of the importing country will be communicated to the competent authority of the exporting country in the most timely manner possible.
competent authority of the other country fully and currently informed of all regulations in force in regard to the airworthiness of civil glider aircraft and any changes therein that may from fime to time be effected.
7. The question of interpretation or procedure to be followed in the application of the provisions of the present Agreement shall be the subject of direct correspondence, whenever necessary, between the competent authorities of the Socialist Republic of Romania and the United States of America.
8.8.-The present Agreement shall remain in force for an indefinite period of time.
b.-Either Governent may at any time notify the other Govcrument of its decision to terminate the present Agreement. Termination shall be effective after & (six) months from the date on which notification of termination is received, provided that the notification of termination may be withdrawn by mutual agreement before the expiration of this period. Upon receipt of a notification of termination, the Governnent receiving such notifcation should notily the other Government of the date of receipt of the notification. In the absence of such acknowledgement, the notification shall be deemed to have been received 45 days after the date on which it was sent.
Upon the receipt of a note from Your Excellency indicating that the foregoing provisions are acceptable to the Government of the United States of America, the Government of the Socialist Republic of Romania will consider that this note and your reply thereto constitute an Agreement between our two Governments on this subject, the Agreement to enter into force on the date of your reply note.
TIAS 8440 Page 122
AC 21-18 8/20/82 Appendix 1 considerati Excellency, the renewed assurances of my bighest
N NICOLAE Nicolae M. Nicolae Ambassador The Honorable CHARLES W. ROBINSON Acting Secretary of State Department of State Washington, D.C. 20520 Page 123 (and 124)
Appendix 1 U.S. / Singapore Bilateral Airworthiness Agreement (NOTE: The printed version of the limited figreement, concluded on August 21, 1981, is not yet available. Included in this Advisory Circular is a copy of the U.S.
Diplomatic Note exchanged with the Government of Singapore, which contains the complete text of the Agreement).
AC 21-18 Appendix l 8/20/82
EMBASSY OF THE
UNITED STATES OF AMERICA Singapore, August 21, 1981 Excellency:
I have the honor to refer to conversations which have recently taken place between representatives of our two Governments relating to the reciprocal acceptance of airworthiness certifications, in the course of which discussions were held regarding appropriate actions necessary to work towards common safety objectives and to establish standards which will be as similar as practicable. It is my understanding that the two Governments have reached an agreement as set out below. It is also my understanding that this agreement does not relate to noise abatement or anti-pollution requirements.
1. This Agreement applies to civil aeronautical products (hereinafter referred to as "products") when such products are produced in one contracting, State (also referred to as the "exporting State") and exported to the other contracting State (also referred to as the "importing State"), and to products produced in another State with which both contracting States have agreements similar in scope for reciprocal acceptance of airworthiness certifications.
2.A. If the competent aeronautical authorities of the exporting State certify that a product produced in that State complies either with its applicable laws, regulations, and requirements as well as any additional requirements which His Excellency Tony Tan Keng Yam Minister for Trade and Industry Republic of Singapore Page 126
AC 21-18 Appendix l 8/20/82 may have been prescribed by the importing State under paragraph 4 of this Agreement, or with the applicable laws, regulations, and requirements of the importing State, as notified by the importing State as being applicable in the particular case, the importing State shall give the same validity to the certification as if the certification had been made by its own competent aeronautical authorities in accordance with its own applicable laws, regulations, and requirements.
B. In the case of a product produced in another State with which both contracting States have agreements similar in scope for reciprocal acceptance of airworthiness certification, if the competent aeronautical authorities of the State exporting the product provide a certification that the product conforms to the design covered by the certificate of approval issued by the importing State and certify that the product is in a proper state of airworthiness, the importing State shall give the same validity to such certification as if the certification had been made by its own competent aeronautical authorities in accordance with its applicable laws, regulations, and requirements.
3. In the case of a component which is produced in the exporting State for export and use on a product which is or may be certificated or approved in the importing State, if the competent aeronautical authorities of the exporting State certify that the component conforms to the applicable design data, meets the applicable test requirements, and has been produced in accordance with the applicable quality control requirements, which have been notified by the importing State to the exporting State, the importing State shall give the Page 127
AC 21-18 Appendix 1 8/20/82 same validity to the certification as if the certification had been made by its own competent aeronautical authorities.
This provision shall only apply to those components which are produced by a manufacturer in the exporting State pursuant to an agreement between the manufacturer and the product manufacturer in the importing State. Furthermore, it shall only apply in those instances where, in the judgment of the importing State, the component is of such complexity that determination of conformity and quality control cannot readily be made at the time the component is assembled with the product.
4. The competent aeronautical authorities of the importing State shall have the right to make acceptance of any certification by the competent aeronautical authorities of the exporting State dependent upon the product meeting any additional requirements which the importing State finds necessary to ensure.that the product meets a level of safety equivalent to that provided by its applicable laws, regulations, and requirements, which would be effective for a similar product produced in the importing State. The competent aeronautical authorities of the importing State shall promptly advise the competent aeronautical authorities of the exporting State of any such additional requirements.
5. The competent aeronautical authorities of each contracting State shall keep the competent aeronautical authorities of the other contracting State fully informed of all mandatory airworthiness modifications and special inspections which they determine are necessary in respect of imported or exported products to which this Agreement applies.