Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 4219
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the UNITED STATES oF AMERICA and AUSTRIA Effected by Exchange of Notes Signed at Washington April 30, 1959 Page 7
Appendix 1
AUSTRIA Certificates of Airworthiness for Imported Aircraft Agrecment effected by exchange of notes Signed at Washington April 30, 1959;
Entered into force April 30, 1959.
The Secretary of State to the Austrian Ambassador
DEPARTMENT OF STATE
WASHINGTON A pril 30, 1959 EXCELLENCY:
I have the honor to refer to the discussions which have recently taken place between representatives of the Government of the United States of America and the Austrian Federal Government regarding reaching an understanding concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft.
It is my understanding that the agreement shall be as follows:
1) (a) The present agreement applies to civil aircraft constructed in the United States, its territories and possessions and exported to Austria; and to civil aircraft constructed in Austria and exported to the United States, its territories and possessions.
(b) As used herein, the term aircraft shall include civil aircraft of all categories including those used for public transport and those used for private purposes; aircrait engines and propeners; and spare parts for aircratt, aircraft engines and propellers which have been exported in accordance with this agreement.
2) The same validity shall be conferred by the competent authorities of the United States on certificates of airworthiness for export issued by the competent authorities of Austria for aircraft subsequently to be registered in the United States as if they had been issued under the regulations in force on the subject in the United States, provided, that such aircraft have been constructed in Austria and the competent authority of Austria has certified that the type design of the aireraft complies with the airworthiness requirements of Austria together with any special conditions prescribed in accordance with paragraph 6, and has certified that the particular aircraft conform to such type design.
40681-50 TIAS 4219 Page 8
Appendix 1
8) The same validity shall be conferred by the competent authorities of Austria on certificates of airworthiness for export issued by the competent authorities of the United States for aircraft subsequently to be registered in Austria as if they had been issued under the regulations in force on the subject in Austria, provided, that such aircraft have been constructed in the United States, its territories or possessions, and the competent authority of the United States has certified that the type design of the aircraft complies with the airworthiness requirements of the United States together with any special conditions prescribed in accordance with paragraph 6, and has certified that the particular aircraft conform to such type design.
4) (a) The competent authorities of the United States shall arrange for the effective communication to the competent authorities of Austria of particulars of compulsory modifications prescribed in the United States, for the purpose of enabling authorities of Austria to require these modifications to be made to aircraft of the types affected, whose certificates have been validated by them.
(b) In the case of aircraft for which the United States has issued certificates of airworthiness for export, subsequently validated by Austria, the competent authorities of the United States, shall when requested, afford the competent authorities of Austria assistance in determining that major design changes or major repairs made to such aircraft comply with the applicable airworthiness requirements of the United States.
5) (a) The competent authorities of Austria shall arrange for the effective communication to the competent authorities of the United States of particulars of compulsory modifications prescribed in Austria for the purpose of enabling the authorities of the United States to require these modifications to be made to aircraft of the types affected, whose certificates have been validated by them.
(b) In the case of aircraft for which Austria has issued certificates of airworthiness, subsequently validated by the United States, the competent authorities of Austria, shall when requested, afford the competent authorities of the United States assistance in determining that major design changes or major repairs made to such aircratt comply with the applicable airworthiness requirements of Austria.
6) (a) The competent authorities of each country shall have the right to make the validation of certificates of airworthiness for export dependent upon. 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 with regard to these special conditions in respect to either country will from time to time be communicated to the competent authorities of the other country.
(b) The competent authorities of each country shall keep the competent authorities of the other country fully and currently informed of all regulations in force in regard to the airworthiness of TIAS 4219 Page 9
Appendix 1 civil aircraft and any changes therein that may from time to time be effected.
7) The question of 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 United States and Austria.
8) The present agreement shall be subject to termination by either Government upon six (6) months notice given in writing to the other Government.
Upon the receipt of a note from Your Excellency indicating that the foregoing provisions are acceptable to the Austrian Federal Government, the Government of the United States of America 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.
Accept, Excellency, the renewed assurances of my highest consideration.
For the Secretary of State:
W. T. M. BEALE His Excellency Dr. WILFRIED PLATZER, Ambassador of Austria.
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7675
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and BELGIUM Effected by Exchange of Notes Signed at Brussels February 12 and May 14, 1973 Page 11
Appendix 1
BELGIUM Certificates of Airworthiness for Imported Aircraft Agreement effected by exchange of notes Signed at Brussels February 12 and May 14, 1973;
Entered into force May 14, 1973.
The American Ambassador to the Belgian Minister for Foreign Affairs No. 18 FEBRrARY 12. 1078 ExCELLENCY:
I have the honor to refer to conversations which have 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 Loise abatement or anti-pollution requirements.
1. This Agreement applies to civil aeronautical products (hereinafter referred to as "products") and certain components referred to in paragraph å of this Agreement when such products or components are produced in one Contracting State (hereinafter referred to as the "exporting State") and exported to the other Contracting State (hereafter referred to as the "importing State"), and to producte produced in another State with which both Contracting States have agreements similar in scope for reciprocal acceptance of airworthiness certification.
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 may have been prescribed by the importing State under paragraph 4 of this Agreement. or with 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 20-407-73 TIAS 7670 Page 12
Appendix 1 the certification had been made by its own competent aeronantical anthorities 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 certifications, if the competent aeronautical authorities of the State exporting the product provide a certification that the product conforms to the design covered or th certificate or 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.
8. In the case of components which are produced in the exporting State for export and use on products which are or mav 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 and meets the applicable test and quality control requirements which have been notified by the importing State to the exporting State. the importing State shall give the 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 au agreement between that manufacturer and the product manufacturer in the importing State. Furthermore, it shall only apply in those instances where, in the judgement of the importing State. the component is of such complexity that determination of conformity and quality control cannot readily be made at the time that 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 mecting 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 acronautical authorities of each Contracting state shall keep t competent aeronautical authorities of the other Contracting State tully 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 apphes.
6. The competent aeronautical authorities of the exporting State shall, in respect of products produced in that State. assist the compe- TIAS 7075 Page 13
Appendix 1 tent acronautical authorities of the importing State in determining whether major design changes and major repairs made under the control of the competent aeronantical authoritics of the importing State conply with the laws, regulations and requirements under which the product was originally certificated or approved.
T. The competent aeronantical authorities of each Contracting State shall keep the competent aeronantical authorities of the other Contracting State currently informed of all relevant laws, regulations and requirements in their State.
8. In the casc of conflicting interpretations of the laws. regulations or requirements pertaining to certifications or approvals under this Agreement. the interpretation of the conipetent aeronautical authorities of the Contracting State whose law, regulation or requirement is being interpreted shall prevail.
9. For the purposes of this Agreement:
a) "Products" means aircraft, engines, propellers and applances ;
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 sircraft as defined in (b) and includes replacement and modification parts therefor :
d) "Propellers" means propellers intended for use in aircraft as defined in (b) and incldes replacement and modification parts
e) "Appliance" means any instrument, equipment, mechanism, apparatus or accessory used or intended to be used in operatıno an aircraft in flight. 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 modifietion parts therefor:
f) "Component" means a material, part. or subassembly not covered in (b). (c). (d) or (c) for use on civil aircraft, engines, propellers or applances :
g) "Produced in the Contracting State" ineans that the product or component as a whole is fabricated in the exporting State.
even though portions thereof may have been fabricated in another State; and
h) "Applicable laws. regulations and requirements" means:
(i) those airworthiness laws, regulations and requirements which are effective on the date the mancfacturer applies for certification of the product in the im porting State, or,
(11) for products currently in production, those airvorthiness requirements effective on the date of the latest amendment of the airorthiness 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 TIAS 7675 Page 14
8/20/82 Appendix 1 AC 21-18 applicable to a similar product certificated to airvorthiness requirements of the same date, or.
(in) for products no longer in production. such airworthiness requirements as the competent aeronautical authorities of the importing State find acceptable in the particular case.
10. The competent aeronautical authorities of each Contracting State shall make such mutual arrangements in respect of precedures as they deem necessary to implement this Agreement, and to ensure that redundant certification, testing and analysis are avoided.
11. Each Contracting State shall keep the other Contracting State advised as to the identity of its competent aeronautical authorities.
12. Either Contracting State may terminate this Agreement at the expiration of not less than 60 days after giving written notice of that intention to the other State.
13. This Agreement shall terminate and replace the Agreement between our two Governments for the reciprocal validation of certificates of airworthiness, effected by Exchange of Notes at Brussels on July 19 and December 3, 1957. [] Upon the receipt of a Note from Your Excellency indicating that the foregoing provisions are acceptable to the Government of the Kingdom of Belgium. the Government of the United States of America will consider that the present note and vour reply thercto constitute an agreement between our two Governments on this subject which will enter into force on the date of your reply.
Accept, Excellency, the renewed assurances of my highest consideration.
ROBERT STRADSZ-HOPE His Facellency
RENAAT VAN ELSLANDE Minister for Foreign Affairs.
Brussels.
1 TIAR 3051; 8 TST 2853.
TIAS 7075 Page 15 (and 16)
AC 21-18 8/20/82 Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 8384
CERTIFICATES OF AIRWORTHINESS FOR
IMPORTED AIRCRAFT PRODUCTS AND COMPONENTS Agreement Between the
UNITED STATES OF MERICA and BRAZIL Effected by Exchange of Notes Signed at Brasilia June 16, 1976 Page 17
Appendix 1 BRAZIL Certificates of Airworthiness for Imported Aircraft Products and Components Agreement effected by exchange of notes Signed at Brasilia June 16, 1976;
Entered into force June 16, 1976.
The American Ambassador to the Brazilian Minister of Foreign Affairs No: 250 BRASILIA, June 16, 1976 EXCELLENCY:
I have the honor to refer to conversations which have 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") and certain components referred to in paragraph 3 of this Agreement when such products or components are produced in one contracting state (hereinafter referred to as the "exporting state") and exported to the other contracting state (hereinafter 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 may have been prescribed by the importing state under paragraph 4 of this Agreement, or with applicable laws, regulations and requirements of the importing state, as notifed 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, 80-548-77 TAS 8384 Page 18
Appendix 1 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 or 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 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
5. The competent aeronautical authorities of each contracting state shall keep the competent aeronautical authorities of the other contracting stat lly 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
6. The competent aeronautical authorities 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 TIAS 8384 Page 19