Appendix 1 products comply with the applicable airworthiness requirements of the United States.
6. (a) The competent authorities 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 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 formed of all regulations in force in regard to the airworthiness of competent authorities of the other country fully and currently in- hut and thy che products and any changes therein that may from time to time be affected.
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 Finland.
8. The present agreement shall be subject to termination by either Government upon six (6) months notice given in writing to the other Government.
9. This agreement shall terminate and replace the agreement between our two Governments for the reciprocal validation of certificates of airworthiness for imported civil glider aircraft, effected by Exchange of Notes at Washington on November 3, 1965. ] Upon the receipt of a note from you indicating that the foregoing provisions are acceptable to the Government of the United States, the Government of Finland will consider that this note and your reply thereto constitute an agreement between the two Governments, which shall enter into force on the date of your reply.
Please accept, Sir, the renewed assurance of my highest consideration.
LEO TUOMINEN Leo Tuominen [SEAL] His Excellency DR. HENRY A. KISSINGER Secretary of State Washington, D.C.
1 TIAS 5885; 16 CST 1639.
TIAS T795 Page 46
Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7728
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and FRANCE Effected by Exchange of Notes Signed at Paris August 29 and September 26, 1973 Page 47
Appendix 1 FRANCE Certificates of Airworthiness for Imported Aircraft Agreement effected by exchange of notes Signed at Paris August 29 and September 26, 1973;
Entered into force September 26, 1973.
The American Chargé d'Affaires ad interim to the French Minister for Foreign Affairs
EMBASSY OF THE
UNITED STATES OF AMERICA No. 139 PARIS, August 29, 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 and in the course of which the two delegations have agreed to take the 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 Goveraments have also reached an agreement as set out below. This agreement does not relate to noise abatement and anti-pollution requirements which will be the subject of different negotiations.
1. This Agreement applies to civil neronautical 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 the territory of one Contracting Party (hereinafter referred to as the "exporting State") and exported to the territory of the other Contracting Party (hereinafter referred to as the "importing State"), and to products produced in another State with which both Contracting Parties have agreements similar in scope for reciprocal acceptance of airworthiness certifications.
2. a. If the 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 25-028-73 TIAS 7728 Page 48
Appendix 1 State under Paragraph 4 of this Agreement, or with applicable laws, ro latioting reto is bents of hae in paticular case, by importing State shall give the same validity to the certification as if the certification had been made by its own aeronautical authorities in accordance with its own applicable laws, regulations and requirements.
b. In case of a product produced in another State with which both Contracting Parties have agreements similar in scope for reciprocal acceptance of airworthiness certifications, if the 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 aeronautical authorities in accordance with its applicable laws, regulations and requirements.
3. In the case of components which are products in the exporting State for export and use on products which are or may be certificated or approved in the importing State, if the 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 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 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 readilv be made at the time that the component is assembled with the product.
4. The aeronautical authorities of the importing State shall have the right to make acceptance of any certification by the 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 the applicable laws, regulations and requirements which would be effective for a similar product produced in the importing State. The aeronautical authorities of the importing State shall promptly advis he aeronautical authorities of the exporting State of any such additional requirements.
5. The aeronautical authorities of each Contracting Party shall keep the aeronautical authorities of the other Contracting Party fully informed of all mandatory airworthiness modifications and special TIAS 7728 Page 49
Appendix 1 inspections which they determine are necessary in respect of imported or exported products to which this Agreement applies.
6. The aeronautical authorities of the exporting State shall, in respect of products produced in that State, assist the aeronautical authorities of the importing State in determining whether major design changes and major repairs made under the jurisdiction of the importing State comply with the laws, regulations and requirements under which the product was originally 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 aeronautical authorities of each Contracting Party shall keep the aeronautical authorities of the other Contracting Party currently informed of all relevant laws, regulations and requirements in their State.
8. In the case of conficting interpretations of the laws, regulations or requirements pertaining to certifications or approvals under this Agrecment, the interpretation of the aeronautical authorities of the Contracting Party 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 theretor;
(c) "Engines" means engines intended for use in aircraft as defined in (b) and includes replacement and modification parts
(d) "Propellers" means propellers intended for use in aircraft as defined in (b) and includes replacement and modification parts therefor "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 appliances;
(g) 'Produced in the territory of one Contracting Party" means that the product or component as a whole is fabricted in the exporting State, even though portions thereof may have been fabricated in another State; and
(h) "Applicable laws, regulations and requirements" means those airworthiness laws, regulations and requirements applicable TIAS 7728 Page 50
Appendix 1 on the date of the airworthiness laws, regulations and requirements applied to the certification of the product in the exporting State.
10. The aeronautical authorities of each Contracting Party shall make such mutual arrangements in respect of procedures as they deem necessary to implement this Agreement.
11. For the purpose of the present Agreement the term "aeronautical authorities" shall mean, in the case of France, "le Secrétariat Général à l'Aviation Civile, and in the case of the United States "the Federal Aviation Administration" of the Department of Transportation. Each Contracting Party shall advise the other Contracting Party of any change in the name of the body authorized to perform the functions of its aeronautical authorities.
12. Each Contracting Party may give notice to the other Contracting Party, through diplomatic channels, of its desire to terminate this Agreement. The Agreement shall terminate twelve months after receipt of the notice by the other Contracting Party, unless, by agreement between the Contracting Parties, the notice is withdrawn before the expiry of that period.
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 signed at Paris August 6 and December 14, 1956.H1 Upon the receipt of a Note from Your Excellency indicating that the foregoing provisions are acceptable to the Government of the French Republic, the Government of the United States ot America will consider that the present note and your reply thereto 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 consid- GALEN L. STONE Chargé d'Affaires ad interim His Excellency Paris.
1 TIAS 3730; & UST 33.
TIAS 72S Page 51 (and 52)
8/20/82 Appendix l AC 21-18 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 0724.
AVIATION Application to Land Berlin of Agreement of March 12 and May 31, 1974, Relating to Certificates of Airworthiness for Imported Aircraft Agreement Between the
UNITED STATES OF AMERICA and the FEDERAL REPUBLIC OF
GERMANY Effected by Exchange of Notes Dated at Bonn and Bonn-Bad Godesberg November 3, 1976 and March 18, 1980 Page 53
8/20/82 AC 21-18 Appendix 1
FEDERAL REPUBLIC OF GERMANY Aviation: Application to Land Berlin of Agreement of March 12 and May 31, 1974, Relating to Certificates of Airworthiness for Imported Aircraft Agreement effected by exchange of notes Dated at Bonn and Bonn-Bad Godesberg November 3, 1976 and March 18, 1980;
Entered into force March 18, 1980.
TIAS 9724 Page 54
Appendix 1
TRANSLATION *04-455.41 USA Note Verbale The Ministry of Foreign Affaire has the honor to muggest, with reference to the exchange of notes of March 12 and May 31, 1974] on the Agreement berveen the Government of the Federal Republic of Germany and the Government of the Uniced States of America on Certificates of Airvorthinese for Imported Aeronautical Products and Components, that Land Berlin be included in this Agreement by the folloving clause:
"The Agreement of May 31, 1974 between the Government of the Federal Republic of Germany and the Government of the United States of America relating to Certificates of Airworthiness for Imported Aeronautical Products and Components, with the exception of engine-propelled aircraft, shall-almo apply to Laod Berlio.i In came the Government of the United States of America agrees to thia proposal, the Miniatry of Foreign Affairs has the honor to suggest that this note and the corresponding note of reply shall constitute an agreement between the Government of the Pederal Republic of Germany and the Government of the United States of America on the Berlin Clause to the Agreement of May 31, 1974 between the Government of the Federal Republic of Germany and the Government of the United States of America on Certificates of Airvorthiness, entering into force on the date of the reply.
The Ministry of Poreign Affairs avails itself of this occasion to renew to the Embassy of the United States the assurances of its very high consideration.
Bonn, November 3, 1976 1 TIAS 7965; 25 UST 3056 TIAS 9724 Page 55
Appendix 1 The American Embassy to the German Ministry of Foreign Affairs #0. 91 The Babassy of the thited States of Americs presents its compliments to the Aumwaertiges Ant and with reference to the Ansvaartiges Ant'a Note Verbale of Hovember 3, 1976 (404-455.41 DSA), bas the bonor to state the following:
The Govarument of the United States of America agrees to the proposal by the Ausveartiges At that the Agreement of May Jl, 1974 betveen the Governmant of the United States of Asarios and the Government of the Pederal Republic of Geraany relating to Certificates of Airvorthiness for Imported Aeronautical Products and Components, with the arception of engine-propelled aircraft, shall also apply to Land Berlin.
The imbassy avails itself of this opportunity to assure the Aurveertiges Aut of it's higbest consideration.
Babassy of the United States of America, Bonn-Bad Godesberg, Karch 18, 1980.
TIAS 9724 Page 56
8/20/82 Appendix 1 AC 21-18 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7965
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AERONAUTICAL
PRODUCTS AND COMPONENTS Agreement Between the
UNITED STATES OF AMERICA and the FEDERAL REPUBLIC OF GERMANY Effected by Exchange of Notes Signed at Bonn-Bad Godesberg and Bonn March 12 and May 31, 1974 Page 57
Appendix 1
FEDERAL REPUBLIC OF GERMANY Certificates of Airworthiness for Imported Aeronautical Products and Components Agreement effected by exchange of notes Signed at Bonn-Bad Godesberg and Bonn March 12 and May 31, 1974;
Entered into force May 31, 1974.
The American Ambassador to the German Minister of Forcign Affairs No. 48 BOXN-BAD GODESBERG, March 19, 1974 EXCELLENCY :
I have the honor to refer to'negotiations 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 the obligation for reciprocal recognition does not include the recognition of aircraft noise or emission certifications.
As necessary and appropriate, and consistent with national laws. reciprocal recognition of such certifications shall be the subject of future negotiations between the parties hereto.
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 and its design produced in that State complies either with its applicable laws, regulations and requirements as TIAS 7965 Page 58