Appendix 1 quested, afford the competent authorities of the United States of America assistance in determining that major design changes or major repairs made to such aircraft comply with the applicable airworthiness requirements of the Czechoslovak Socialist Republic.
6. (a) The competent authorities of each country shall have the right to make the validation of certificates of airworthiness for export issued by the competent authorities of the other country dependent upon the fulfillent of any additional requirements 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 additional requirements in respect to either country will from time to time be communicated to the competent authorities of the other
(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 civil aircraft and any change therein that may from time to time be
7. (a) There shall be reserved to the competent authorities of each country the right to determine the interpretation to be applied to its respective regulations in the application of that country's own standards of airworthiness.
(b) 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 of America and the Czechoslovak Socialist Republic.
8. The present agreement shall be subject to termination by either Government upon six months notice given in writing to the other Government.
If the foregoing provisions are acceptable to the Government of the Czechoslovak Socialist Republic. I have the honor to suggest that this note and your reply shall constitute an agreement between our two Governments to enter into force on the date of your note in reply.
Accept. Excellency, the renewed assurances of my highest
MALCOLM TOON Malcolm Toon His Excellency
JAN MARKO Minister of Forign Affairs Prague TIAS 6987 Page 34
Appendix 1 1982 U.S. /Danish Bilateral Airworthiness Agreement (NOTE: A printed version of the modernized, full-scale Agreement concluded on January 6, 1982 is not yet available. Included in this Advisory Circular is a copy of the Danish Diplomatic Note exchanged with the Department of State, which contains the complete text of the Agreement).
AC 21-18 Appendix 1 8/20/82 Raf. No. 93.D.5.
Washington, D.C., January 6, 1982 Sirı I have the honor to acknowledge receipt of your note of January 6, 1982 concerning an agreement between the Government of Denmark and the Government of the United States of America for the reciprocal acceptance of airworthiness certifications for imported aircraft, which reads as follows:
"Excellency:
I have the honor to refer to conversations which have recently taken place between the 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 1m my understanding that the two Governments bave reached an agreement as set out below. It is also my understanding that this agreement does not relate to poise abatamant or antipollution requirements,
1. This Agreament applies to civil aeronautical products (hereinafter referren 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 axported to the other Contracting The Honorable Alexander M. Haig, Jr.
Secretary of State of the United States of America, Waahington, D.C.
Appendix 1 State (horsinafter roferred to as the "importing state"), and to products produced in another State with which both Contructing States have agreements similar in scope for reciprocal acceptance of altworthiness certifications.
2a. If the competent aeronautiosl authorities of the exporting state nertify that a product produced in that State complies either with ita applicable lave, regulations and requirenente as well as any additional requirementa which may have been prescribed by the importing State under paragraph 4 of this Agreement, or with applicabls laws, regulations and requiremente of the importing Stato, as notified by the importing State as being applicable in the particular case, the importing State shall give the sane validity to the certification as if the certification bad bean made by its own competent aeronautical autoorities in accordance with its own applicable laws, regulations and requirenents.
b. In the case of a product produced in another State with which both Contacting States have agreaments similar in scope for reciprocal acceptance of airvorthiness certifications, if the competent aeronautical authorities of the State exporting the product provide a cartification that the product conforms to the design covered by the certificate or approval issued by the importing State and certify that the product 1s in a proper state of airvorthiness, the importing State saall give the same velidity to such certification as if the certification had been made by its own competent aeronautical authorities in sccordance with its applicable lavs, regulations and requirements.
Appendix 1
3. In the case of components which are produced in the exporting state for acport and use on products which are or may be certified or approved in the importing state, if the competant seronautical authorities of the exporting State cartify that the component conforms to the applicable design data and maets 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 cartification as if the certification had been made by its own competent aeronautical authorities, This provision ahall only apply to those componenta which are produced by a manufacturer in the exporting State pursuant to an agreement between that manufacturer and the product manufacturar in the importing State, Furthermore, it shall coly apply in those instances where, in the judgment of the importing State, the component is of much 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 aaronautical authorities of the importing State mhall have the right to make acceptance of any certification by the competent aeronautioal authorities of the axporting State dapandant upon the product meeting any additional requirenents whica the importing State finde necessary to ensure that the product meets a level of safoty equivalent to that provided by ite applicable lavs, regulations and requirementa which would be effective for a similar product produced in the importing State. The competent aeronautical authorities of the importing State anall promptly advise the conpetent aeronautical authorities of the exporting state of any Page 38
Appendix l such additional requirements.
5. The competent aeronautical autorities of each Contracting State shall keep the competent aeronautical authorities of the other Contracting State fully informed of all mandatory airmorthiness modifications and special inspestions which they determine aro necessary in respect of imported or exported producte to which this Agreement applies.
6. The competent aeronautical autorities of the exporting State shall, in respect of products produced in that State, assist the competent aeronautical authorities of the importing State in deternining whether major design changes and major repeirs made under the control of the competent aeronautical authorities of the importing State comply with the laws, rogulations and requirements under which the product was originally certificated or approved. They shall also asgist in analpring those major incidents occurring on products to which this Agreement applies and which are auch as wouid raise tachnical questions regarding the airworthiness of such products.
7. The competent aeronautical authorities of sach Contracting Stato chall keep the competent aeronautical authorities of the other Contracting State currently informed of all relevant laws, regulations and requirements in their State.
e. In the case of conflicting interpretstions of the laws, regulations or requirements pertaining to cortifications or approvals under this Agreement, the interpretation of the competent aeronautidal authorities
- the Contravting State whose law, regulation or requirement is being interpreted shall prevail.
Appendix 1
8. Por the purposes of this Agreement:
(e) "products" means aircraft, angines, propellere and appliances;
(b) "Aircraft" means civil aircraft of all categories, whether used in public transportation or for other porposes, and includes replacement and modification parta therefor;
(c) "Engines" neans engines intendud for use in aircraft as defined in (b) and includas replacement and rodification parts therefor;
(d) "propellers" means propellers intended for use in aircraft as defined in (b) and includes replacemont and modification parts therefor;
(e) "Appliance" means any intrument, equipment, mechanian, apparatus or accessory used or intended to be usad 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 subassembly not covered in (b), (c), (d) or (a) for uae on civil aircraft, engines, propellers of appliances;
(g) "produced in one Contracting State" meads that the product or component as a whole is fabricated in tae exporcing state, even though portions thereof way nave been fabricated in another State; and
(h) Applicable jaws, regulations and reguirenents" Page 40
8/20/82 Appendix 1 AC 21-18 EASTS:
(1) those airvorthiowas lavs, rogulations and requirenents which are effectiva on the date the manufacturer applies for certification of the product in the importing Stete, DI,
(11) for products currently in procuction, thona attorchiness requirerante effective on the date of the latest amondnent of the airvorthiness requirements vaico were raquirec to be used for the certification of the proouct in the exporting state or those airvorthiness requirements of the importing State applicable to a similar product certificated to airworthiness reguiremants of the sano date, DI,
(111) for products no longar in production, such airvorthiness requirements as the com petent meronautical autnorities of the Importing State find acceptable in the particular case,
10. The competent aeronautical authorities of sach Contracting State ahall make such mutual arrangescate in respect of procedures as they deem necussary to implement this Agreenent, and to ansure that redundant certification, test: - and analysis are avoided.
11. Lach Contracting State shall keep tha other Contracting State aúvlaad as to the identity of its competent aeronautical authorizios.
12. Either Contracting State may terminste this Agreement at the axpiration of not less than 60 days afte giving wiitten notice of that intention to the other Ste Page 41
Appendix l
13. This Agreament shall terminate and replace the Agreement between our two Governments for the reciprocal validation of certificates of airworthiness, effected by Exchange of Notes at Copenhagen on December 15, 1954.
Upon the receipt of a Note from Your Excellency indicating that the forgoing provisions are acceptable to the Government of Denmark, the Government of the United states of America will consider that the present Note and your reply therato constitute an ageoment between our two Governments on this subject which will anter into force on the date of your raply.
Accept, Excellan y, the renewed assurances of my highemt consideration."
In reply I have the honor to state that tie provisions aet forth in your note are acceptable and that the Goversment of Denmark concurs in the proposal that your note and this reply constitute an agreement between our two Governmants on this mubject, the agreament to come into force on the date of this note.
Please accept, Si:, the assurances of my highest consideration.
Otto Borch Ambassador of Denmark Page 42
AC 21-18 8/20/82 Appendi: 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7795
CERTIFICATES OF AIRWORTHINESS FOR
IMPORTED GLIDER AIRCRAFT AND
AIRCRAFT APPLIANCES Agreement Between the
UNITED STATES OF AMERICA and FINLAND Effected by Exchange of Notes Signed at Washington March 7, 1974 Page 43
Appendix 1
FINLAND Certificates of Airworthiness for Imported Glider Aircraft and Aireraft Appliances Agreement effected by exchange of notes Signed at Washington March 7, 1974;
Entered into force March 7, 1974.
The Finnish Ambassador to the Secretary of State
EMBASSY OF FINLAND WASHINGTON, D.C.
WASHINGTON, D.C., March 7, 1974 SIR, I refer to the discussions which have recently taken place between representatives of the Government of Finland and the Government of the United States of America regarding reaching an understanding concerning the reciprocal acceptance of certificates of airworthiness for imported civil glider aircraft and civil aircraft appliances.
It is my understanding that the agreement shall be as follows:
1. (a) The present agreement applies to civil glider aircraft and civil aircraft appliances (hereinafter referred to as "products") constructed in the United States, its territories and possessions and exported to Finland; and to similar products constructed in Finland and exported to the United States, its territories and possessions.
(b) As used herein:
(i) the term civil glider aircraft shall include spare parts for civil glider aircraft which have been exported in accordance with this agreement;
(ii) the term aircraft appliance means any equipment or aircraft part installed in, intended to be installed in, or attached to an aircraft, includh.g replacement or modification parts therefor, but which is not a part of an aircraft engine or propeller and which is separateiv determined to be included in this agreement by mutual consent of the competent authorities of the United States and Finland.
2. The same validity shall be conferred by the competent authorities of Finland on certificates of airworthiness for export issued by the TIAS 7795 Page 44
Appendia i competent authorities of the United States for products exported to Finland as if they had been issued under the regulations in force on the subject in Finland, provided, that such products 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 product 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 product conforms to such type design.
3. 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 Finland for products exported to the United States as if they had been issued under the regulations in force on the subject in the United States, provided that such products have been constructed in Finland and the competent authority of Finland has certified that the type design of the product complies with the airworthiness requirements of Finland together with any special conditions prescribed in accordance with paragraph 6, and has certified that the particular product conforms to such type
4. (a) The competent authorities of Finland shall arrange for the effective communication to the competent authorities of the United States of particulars of compulsory modifications prescribed in Finland for the purpose of enabling the authorities of the United States to require these modifications to be made to products of the types affected, whose certificates have been validated by them.
(b) In the case of products for which Finland has issued certificates of airworthiness, subsequently validated by the United States, the competent authorities of Finland shall, when requested, afford the competent authorities of the United States assistance in determining that major design changes or major repairs made to such products comply with the applicable airworthiness requirements of Finland.
5. (a) The conipetent authorities of the United States shall arrange for the effective communication to the competent authorities of Finland of particulars of compulsory modifications prescribed in the United States, for the purpose of enabling the authorities of Finland to require these modifications to be made to products of the types affected, whose certificates have been validated by them.
(b) In the case of products for which the United States has issued certificates of airworthiness for export, subsequently validated by Finland, . competent authorities of the United States shall, when requested, auord the competent authorities of Finland assistance in determining that major design changes or major repairs made to such TIAS 7795 Page 45