Appendix 1 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 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 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 certifv 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 seronautical authorities. This provision shall only apply to those components which are produced by a manufacturer in the exporting State pursuant to an agrement 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 neronautical 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.
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.
6. The competent aeronautical authorities of the exporting State shall, in respect of products produced in that State, assist the com- TIAS 7895 Page 73
Appendix 1 petent 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.
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, 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.
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 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 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;
(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 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;
(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,
(li) for products currently in production, those airworthiness 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 TIAS 7895 Page 74
Appendix 1 State or those airworthiness requirements of the importing State applicable to a similar product certificated to airworthiness requirements of the same date, (ti) 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
(i) "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.
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 six months 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 Rome on November 12, 1954 and January 26, 1955. 1] Upon the receipt of a Note from Your Excellency indicating that the foregoing provisions are acceptable to the Government of Italy, 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 will enter into force on the date of your reply.
Excellency, the renewed assurances of my highest consideration.
JOHN A. VOLPE His Excellency
GIUSEPPE MEDICI, Minister of Foreign Affairs, Rome.
1 TIAS 3164; 6 UST 25.
TIAS 7895 Page 75 (and 76)
Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES B934
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT PRODUCTS
AND COMPONENTS Agreement Between the
UNITED STATES OF AMERICA and JAPAN Effected by Exchange of Notes Signed at Washington November 29, 1977 Page 77
Appendix 1 The Secretary of State to the Japanese Ambassador NOVEMBER 29, 1977 EXCELLENCY:
I have the honor to refer to Your Excellency's note of today's date which reads as follows:
I have the honor to refer to the discussions which have taken place between representatives of the Government of Japan and of the Government of the United States of America relating to the reciprocal acceptance of airworthiness certification. I have further the honor to state that the two Governments have reached an understanding as set out below:
1. This understanding shall apply to civil aeronautical products (hereinafter referred to as "products") and certain components when such products or components are produced in one of the two States (hereinafter referred to as "the exporting State") and exported to the other State (hereinafter referred to as "the importing State"), and to the products produced in a third State with the Government of which both of the Governments have agreements imported between Japan and the United States of America.
2. (a) Il the competent aeronautical authorities (hereinafter referred to as "authorities") of the exporting State certify that a product produced in the exporting State complies either with the applicable laws, regulations and requirements of the exporting State as well as any additional requirements referred to in paragraph 4 below which may have been prescribed by the Government of the importing State, or with the applicable laws, regulations and requirements of the importing State, as notified by the Government of the importing State as being applicable in the particular case, the Government of the importing State shall give the same validity to the certification as if the certification had been made by its authorities in accordance with its applicable laws, regulations and requirements.
(b) In the case of a product produced in a third State and exported from the exporting State to the importing State, if the authorities of the exporting State certify that the product conforms to the design which has been originally certificated or approved in the importing State and that the product is in a proper state of airworthiness, the Government of the importing State shall give the same validity to the certification as if the certification had been made by its authorities in accordance with its applicable laws, regulations and requirements.
3. (a) In the case of a component which is produced in the exporting State for export and use on & product which is or may be TIAS 8084 Page 78
AC 21-18 8/20/82 Appendix 1 certificated or approved in the importing State, if the 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 Government of the importing State to the Government of the exporting State, the Government of the importing State shall give the same validity to the certification as if the certification had been made by its authorities in accordance with its applicable laws, regulations and
(b) The foregoing sub-paragraph 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 Government of the importing State, a component is of such complexity that determination of conformity and quality control cannot readily be made at the time when the component is assembled with the product.
4. The authorities of the importing State shall have the right to make acceptance of any certification by the authorities of the exporting State dependent upon the product meeting any additional requirements which the authorities of 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 authorities of the importing State shall promptly advise the authorities of the exporting State of any such additional requirements.
5. The authorities of each State shall keep the authorities of the other State fully informed of all mandatory airworthiness modifications and special inspections which the former authorities determine are necessary in respect of products to which this understanding applies.
6. The authorities of the exporting State shall, in respect of products produced in the exporting State, assist the authorities of the importing State in determining whether major design changes and major repairs made under the control of the authorities of the importing State comply with the laws, regulations and requirements of the exporting State under which the product was originally certificated or approved.
7. The authorities of each State shall keep the authorities of the other State currently informed of all relevant law's, regulations and requirements.
8. In the case of conflicting interpretations of the laws, regulations or requirements pertaining to certification or approval under this understanding, the interpretation of the authorities of the State whose laws, regulations or requirements are being interpreted shall TIAS 8934 Page 79
Appendix 1
9. For the purpose of this understanding:
(a) "Products" means aircraft, engines, propellers, appliances, and their replacement and modification parts;
(b) "Aircraft" means civil aircraft of all categories, whether used in public transportation of for other purposes;
(c) "Engines" means engines intended for use in aircraft as defined in (b);
(d) "Propellers" means propellers intended for use in aircraft as defined in (b);
(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;
(f) "Component" means any material, part, or subassembly not covered in (b), (c), (d) or (e) for use on civil aircraft, engines, propellers or appliances;
(g) "Produced in the exporting 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 a state other than that State;
(h) "Applicable laws, regulations and requirements" means:
(1) those airworthiness laws, regulations and requirements which are effective on the date when a manufacturer applies for certification of a product in the importing State, or
(ii) for products currently in production, those airworthiness laws, regulations and requirements which were required to be used for the certification of a product in the exporting State, or those airworthiness laws, regulations and requirements of the importing State which were applicable to similar products on the date when the above airworthiness laws, regulations and requirements of the exporting State were required to be used, or
(iii) for products no longer in production, such airworthiness requirements as the authorities of the importing State find acceptable in the particular case, and
(i) "Authorities" means, in the case of Japan, the Ministry of Transport and any person or agency authorized to perform the functions of the said Ministry and, in the case of the United States of America, the Federal Aviation Administration and any person or agency authorized to perform the functions of the said Admin-
10. The authorities of each State shall make such mutual arrangements in respect of the operation of this understanding as they deem necessary.
11. Each Government shall keep the other Government informed as to the identity of its authorities.
TIAS 8934 Page 80
Appendix 1
12. No provision of this understanding will be construed so as to relate to noise abatement or anti-pollution requirements.
13. The provisions of this understanding shall be implemented by the Governments of Japan and of the United States of America in accordance with their respective laws, regulations and require-
14. Either Government may terminate this understanding by giving two (2) months' written notice of that intention to the other Government.
15. This understanding shall terminate and replace the agreement between the two Governments for the reciprocal acceptance of certificates of airworthiness, effected by the Exchange of Notes at Washington on February 1, 1963.
If the foregoing provisions are acceptable to the Government of the United States of America, I have the honor to propose that this note and Your Excellency's reply to that effect shall be regarded as constituting an agreement between our two Governments, which shall enter into effect on the date of Your Excellency's reply.
Excellency, the renewed assurances of my highest consideration.
I have further the honor to confirm that the foregoing proposal of the Government of Japan is acceptable to the Government of the United States of America and that Your Excellency's note and this reply are regarded as constituting an agreement between our two Governments effective on this date.
Excellency, the renewed assurances of my highest consideration.
For the Secretary of State:
JULIUS L. KATZ His Excellency
FUMIHIKO TOGO, Ambassador of Japan.
TIAS 8934 Page 81 (and 82)
AC 21-18 8/20/82 Appendix 1 THEATIES AND OTHER INTERNATIONAL ACTS SERIES 7869
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT
PRODUCTS AND COMPONENTS Agreement Between the
UNITED STATES OF AMERICA and the NETHERLANDS Effected by Exchange of Notes Signed at the Hague January 16, 1974 Page 83
Appendix 1
NETHERLANDS Certificates of Airworthiness for Imported Aircraft Products and Components Agreement effected by exchange of notes Signed at The Hague January 16, 1974;
Entered into force August 1, 1974.
The American Ambassador to the Dutch Minister of Foreign Affairs No. S 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 airvorthiness 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 certifica- TIAS 7869 Page 84
Appendix 1 tion as if the certification had been made by its own competent aeronautical authorities in accordance with its own applicable laws, regulations and requirements.
(h) 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 by the certificate or approval issued by the importing State and certify that the prolnct 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 acronautical authorities in accordance with its applicable laws. regulations and requirements.
9. 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 anthorities 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 an agreement betwen 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 complesity 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 compotent 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 aeronautiral authorities of the exporting State of any such additional requirements ã. The competent acronantical 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.
TIAS 7869 Page 85
Appendix 1
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 originally certificated or approved. They shall also assist in analyzing those major incidents occurring ou 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.
S. In the case of conflicting interpretations of the laws, regulations or requirements pertaining to certifications or approvals under this -grecment, the interpretation of the competent 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 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
(d) "Propellers" means propellers intended for use in aircraft as defined in (b) and includes replacement and modification parts
(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 subassembly not covered in (b), (c), (d) or (e) for use on civil aircraft, engines, propellers or appliances;
(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;
(h) "Applicable laws, regulations and requirements" means:
(i) those airworthiness laws, regulations and requirements TIAS 7569 Page 86