Appendix 1 The Embammy of Spain avails itself of this opportunity to renew to the Department of State the assurances of its highest consideration.
Washington, D.C., September 18, 1978 [Initialed] [SIAL] Departaent of State, Washington, D.C.
TIAS 0217 Page 142
AC 21-18 8/20/82 Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 3906
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agrecment Between the
UNITED STATES OF AMERICA and SPAIN Effected by Exchange of Notes Signed at Madrid September 23, 1957 Page 143
Appendix 1 SPAIN Certificates of Airworthiness for Imported Aircraft Agreentent effected by exchange of notes Signed at Madrid September 23, 1957;
Entered into force September 23, 1957.
The American Ambassador to the Spanish Minister of Foreign Affairs
THE FOREIGN SERVICE OF THE
UNITED BTATES OF AMERIOA MADRID, September 23, 1957 EXCELLENCY:
I have the honor to refer to negotintions which have recently taken place between the Government of the United States of America and the Government of Spain for the conclusion of a reciprocal arrangement for the acceptance of certificates of airworthiness for imported aircraft:
It is my understanding that it has been agreed in the course of the negotiations, now terminated, that the arrangement shall bo as follows:
ARRANGEMENT BETWEEN THE UNITED STATES OF AMERICA
AND SPAIN RELATING TO CERTIFICATES OF AIRWORTHINESS FOR IMPORTED AIRCRAFT.
ARTICLE I
(a) The present arrangement applies to civil aircraft constructed in continental United States of America, including Alaska, and exported to Spain; and to civil aircraft constructed in Spain and exported to continental United States of America, inchiding
(b) This arrangement shall extend to civil aircraft of all categories, including those used for public transport and those used for private purposes as well as to components of such aircrnft.
ARTICLE II The same validity shall be conferred by the competent nuthorities of the United States on certificates of airworthiness for export Page 144
Appendix 1 issued by the competent authorities of Spain for aircraft subsequently to be registered in the United States as if they had been issued under the regulatione in force on the subject in the United States, provided that such aircraft have been constructed in Spain in accordance with the airworthiness requirements of Spain.
ARTICLE III The same validity shall be conferred by the competent authoritics of Spain on certificates of airworthiness for export issued by the competent authorities of the United States for aircraft subsequently to be registered in Spain as if they had been issued under the regulations in force on the subject in Spain, provided that such nircraft have been constructed in continental United States or Alaska in accordance with the airworthiness requirements of the United States.
ARTICLE IV
(a) The competent authorities of the United States shall arrange for the effective communication to the competent authorities of Spain of particulars of compulsory modifientions prescribed in the United States, for the purpose of enabling the authoritics of Spain to require these modifications to be made to aircraft of the types affected, whose certificates inve been validated by them.
(b) The competent authorities of the United States shall, where necessary, afford the competent authoritice of Spain facilitics for dealing with noncompulsory modifications which are such as to affect the validity of certificates of airvorthiness validated under the terms of the arrangement, or any of the other conditions of validation. The will similarly give facilities for dealing with cases of major repairs carried out otherwise than by the fitting of spare parts supplied by the original constructors.
ARTICLE V
(a) The competent authorities of Spain shall arrange for the effective communiention to the competent authorities of the United States of particulars of compukory modifications prescribed in Spain, for On purpose of enabing 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) The competent authorities of Spain shali, where necessary, afford the competent authorities of the United States facilities for dealing with the noncompulsory modifientions which are such as to affect the relidity of certifieates of airworthiness TIA5 3908 Page 145
AC 21-18 Appendix 1 8/20/82 validated under the terms of this arrangement, or any of the other original conditions of validation. They will similarly give facilities for dealing with cases of major repairs carried out otherwise than by the fitting of spare parts supplied by the original constructors.
ARTICLE VI
(a) The competent authorities of cach country shall have the right to make the validation of certificates of airworthiness for export dependent upon the fulfillment of any specinl conditions which are for the time being required by them for the issunnce of certifientes of nirworthiness in their own country. Information with regard to these special conditions in respect to cither 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 authoritics of the other country fully and currently informed of all regulations in force in regard to the nirworthiness of civil aircraft and any changes therein that may from time to time be effected.
ARTICLE VII The question of the procedure to be followed in the application of the provisions of the present arrangement shall be the subject of direct correspondence, whenever necessary, between the competent authorities of the United States and Spain.
ARTICLE VIII The present arrangement shall be subject to termination by either Government upon sixty days' 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 Government of Spain, the Government of the United States of Amcrica will consider that this note and your reply thereto constitute an agreement between the two Governments of this subject, the agreement to come into force on the date of your note in reply.
Accept, Excellency, the renewed assurances of my highest consideration.
JOHN LODGE His Excelloncy FERNANDO MARÍA CASTIELLA, Minister of Foreign Affairs, Madrid.
AC 21-18 8/20/82 Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7611
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and SWEDEN Effected by Exchange of Notes Signed at Stockholm April 24 and 26, 1973 Page 147
Appendix 1 SWEDEN Certificates of Airworthiness for Imported Aircraft Agreement effected by exchange of notes Signed at Stockholm April 24 and 26, 1973;
Entered into force April 26, 1973.
The American Chargé d'Affaires ad interim to the Swedish Minister for Foreign Affairs
EMBASSY OF THE UNITED STATES OF AMERICA No. IS STOCKHOLM, April 24, 1973 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.
Agreement Between the United States of America and Sweden Relating to Airworthiness Certifications
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 hare agreements similar in scope for reciprocal acceptance of airworthiness certifications.
2a. If the competent aeronautical authorities of the exporting State certify that a product produced in that State complies either with its TIAS 7611 Page 148
AC 21-18 8/20/82 Appendix 1 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 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 certifications, if the competent aerocertification that the product conforms to the design covered by the nautical authorities of the State exporting the product provide a 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 ralidity to such certification as if the certification had been made by its own competent aeronautical nuthorities in accordance with its applicable laws, regulations and requirements.
3. In the case of components which are produced in the exporting State for export and use on products which are 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 and meets the applicable test and quality control requirements which have been notified by the importing State to the exporting Statc. the importing State shall give the same validity to the certification as if the certification had been made by its own competent aeronantical authorities. This provision shall only apply to those components which are produced by a manufacturer in the exporting State pursuant to an agreement between that 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 that the component is assembled with the product.
4. The competent aeronautical authorities of the importing State et heation by the come shall have the right to make acceptance of any certification by the competent seronautical 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 ã. 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 modifi- TIAS 7611 Page 149
Appendix 1 cations and special inspections which they determine are necessary in respect of imported or exported products to which this Agreement applies.
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 control of the competent aeronautical authorities of the importing State comply with the laws, regulations and requirements under which the product was orginally certificated or approved. They shall also assist in analyzing those major incidents occurring on products to which this Agreement applies and which are such as would raise technical questions regarding the airworthiness of such products.
7. 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.
8. In the case of conficting interpretations of the laws. remulations or requirements pertaining to certifications or approvals under this Agreement, the interpretation of the competent aeronautical authorities of the Contracting State whose law, regulations or requirement is being interpreted shall prevail.
9. For the purposes of this Agreement:
(a) "Products" means aircraft, engines, propellers and appliances;
(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 replacement and modification parts therefor;
(d) "Propellers" means propellers intended for use in aircraft as defined in (b) and includes replacement and modification parts therefor;
(e) "Appliance" means any instrument, equipment, mechanism, apparatus or accessory used or intended to be used in operating 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 modification parts therefor:
(f) "Component" means a material. part, or sub-assembly not covered in (b), (c). (d) or (e) for use on civil aircraft. engines, propellers or applances:
(g) "Produced in one Contracting State" means 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 TIAN TG11 Page 150
Appendix 1
(h) "Applicable laws, regulations and requirements" means:
(i) those airworthiness laws, regulations and requirements which are effective on the date the manufacturer applies for certification of the product in the importing State,
(il) for products currently in production, those airrorena- ness requirements effective on the date of the latest amendment of the airworthiness 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.
(mi) 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 procedures 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 Stockholm on December 22, 1954. [1] Upon the receipt of a Note from Your Excellency indicating that the foregoing provisions are acceptable to the Goverment of Sweden, the Government of the United States of America will consider that the present Note and vour reply thereto constitute an agreement between our two Governments on this subject which will enter into force on the date of your reply.
Please accept, Excellency: the assurances of my highest consideration.
ARTHIE J. OLSEX Arthur J. Olsen Charge d'Affaires ai.
His Excellency KRISTER WICKMAN:
Minister for Foreign Affairs.
Stockholm.
›TIAS 3150; 5 TST 3003.
TIAS 7611 Page 151 (and 152)
AC 21-18 8/20/82 Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 8563
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and SWITZERLAND Amending the Agreement of October 13, 1961 Effected by Exchange of Notes Signed at Washington January 7, 1977 Page 153
Appendix 1 AC 21-18 8/20/82
SWITZERLAND Certificates of Airworthiness for Imported Aircraft Agreement amending the agreement of Octaber 13, 1961.
Effected by exchange of notes Signed at Washington January 7, 1977;
Entered into force January 7, 1977.
The Swiss Ambassador to the Secretary of State EMBASSY OF SWITZERLAND .
WASHINGTON, D.C., January 7, 1977 DEAR MR. SECRETART:
I have the honor to refer to the discussions which have recently taken place between representatives of the Government of Switzerland and the Government of the United States of America regarding amendment of the agreement between our two Governments relating to the reciprocal acceptance of certificates of airworthiness for imported aircraft, which was effected by an exchange of notes at Bern on October 13, 1961,[] and to propose that the agreement be amended as follows:
In Article 1.a after the words "civil aircraft", , in both places in which they appear, insert a comma and the words "appliances and components".
Add new subparagraphs c. and d. to Article 1 to read as follows:
:. "Appliance" means any instrument, equipment, mechanism pparatus or accessory used or intended to be used in operatins an aircraft in flight, which is installed in, intended to be installed in, attached to or intended to be attached to an aircraft as defined in b., but is not part of an airframe, engine or propeller, and includes replacement and modification parts therefor.
d. "Component" means a material, part or subassembly not covered under "aircraft" or "appliance", for use on aircraft or appliances.
Renumber Articles 2 and 3 as 2.a and b respectively and add a new Article 3 to read as follows:
1 TIAS 5214; 13 UST 2479.
TIAS 8563 Page 154