Memorandum of understanding on airworthiness between the Interstate Aviation Committee, on behalf of the States members of the Commonwealth of Independent States and the Republic of Georgia, and Transport Canada Aviation, Department of Transport, on behalf of Canada
In recognition of the mutual interest of the following States: Armenia, the Republic of Azerbaidjan, the Republic of Byeloruss, the Republic of Georgia, the Republic of Kazakhstan, the Republic of Kirgizstan, the Republic of Moldova, the Russian Federation, the Republic of Tadjikistan, Turkmenia, Ukraine, and the Republic of Uzbekistan, which have signed an Agreement On Civil Aviation And Use of The Airspace, and Canada in effecting an understanding of the airworthiness of aeronautical products imported and exported between the above mentioned States and Canada, the Interstate Aviation Committee, and Transport Canada Aviation, Department of Transport, Canada, hereinafter referred to as the "Contracting Authorities", undertake as follows:
I - Definitions
For the purpose of this Memorandum of Understanding, and to facilitate the understanding of any future airworthiness Arrangement or Agreement:
"Additional Technical Conditions" means the terms notified by the importing Party for the acceptance of the type design of an aeronautical product or for the acceptance of an aeronautical product to account for differences between Contracting Parties in:
- adopted airworthiness and environmental standards;
- special conditions relating to novel or unusual features of the aeronautical product design which are not covered by the adopted airworthiness and environmental standards;
- application of exemptions from, or equivalent safety findings to the adopted airworthiness and environmental standards;
- maintenance requirements;
- mandatory airworthiness action taken to correct unsafe conditions.
"Airworthiness Criteria" means criteria governing the design, performance, materials, workmanship, manufacture, maintenance and alteration or modification of aeronautical products as prescribed by the airworthiness authority of the importing Party to enable it to find that the design, manufacture and condition of these aeronautical products comply with its own laws, regulations, standards and requirements concerning airworthiness.
"Aeronautical Product" means any civil aircraft, or aircraft engine, propeller, appliance, material, part or component to be installed thereon, new or used.
"Airworthiness Authority" means the national government organization of a Contracting Authority responsible for regulating the airworthiness and environmental certification, approval or acceptance of aeronautical products.
"Design-related Operational Requirements" means operational requirements related to design features of an aeronautical product or data relating to its operation or maintenance that make it eligible for a particular kind of operation.
"Environmental Criteria" means criteria governing the design, performance, materials, workmanship, manufacture, maintenance and alteration or modification of aeronautical products prescribed by the importing authority to ensure compliance with the laws, regulations, standards and requirements of the importing Party concerning noise and emissions abatement.
"Exporting Party" means the Contracting Authority exporting a type design, a modification thereof, or an aeronautical product, under the provisions of this Memorandum.
"Exporting Authority" means the airworthiness authority of the exporting Party.
"Importing Party" means the Contracting Authority importing a type design, a modification thereof, or an aeronautical product, under the provisions of this Memorandum.
"Importing Authority" means the airworthiness authority of the importing Party.
"Maintenance" means actions to ensure the airworthiness of an aeronautical product.
"Modification" means making a change to the type design.
"Product Airworthiness Approval" means granting an airworthiness certificate, approval or acceptance, as appropriate, by or on behalf of an airworthiness authority for a particular aeronautical product to permit its operation or use consistent with applicable laws, regulations, standards and requirements.
"State Regulating the Airworthiness of an Aircraft" means the Contracting Authority responsible for issuing a certificate of airworthiness for an aircraft, or the Contracting Authority responsible for the certification of an operator operating, under lease or charter, an aircraft which possesses a certificate of airworthiness issued by another State.
"Type Design" means the description of all characteristics of an aeronautical product, including its design, manufacture, limitations and continued airworthiness instructions, which determine its airworthiness.
"Type Design Approval" means granting a certificate, approval or acceptance by or on behalf of an airworthiness authority for the type design of an aeronautical product.
II - Cooperation:
- Each Contracting Authority undertakes to exchange the information necessary to determine that the standards and systems of the other Contracting Authority for the airworthiness and environmental certification or acceptance of aeronautical products are sufficiently equivalent to its own to make a future Arrangement or Agreement between the two Countries practicable;
- Each Contracting Authority undertakes to exchange information on the procedures they respectively use for granting airworthiness and environmental certification and for the acceptance of aeronautical products imported from the other Contracting Authority so as to understand each others airworthiness system and to determine the degree of compatibility and equivalency in technical evaluations, test results, inspections, conformity statements, marks of conformity and certificates accepted or issued by or on behalf of the airworthiness authority in granting domestic certification of such aeronautical products;
- Each Contracting Authority desires, in the interest of promoting aviation safety and preservation of the environment to foster cooperation and assistance between their respective airworthiness authorities in achieving common safety and environmental quality objectives, to establish and maintain airworthiness and environmental standards and certification systems which are as similar to those of the other Contracting Authority as practicable and to cooperate in the reduction of the economic burden on aviation industries and operators arising from redundant technical evaluations, tests and inspections;
- Each Contracting Authority desires to facilitate to the extent practicable, the airworthiness and environmental certification, approval or acceptance by the other Contracting Authority of aeronautical products, imported and exported between the two countries; and
- Each Contracting Authority desires to cooperate for sustaining safety and environmental quality objectives.
III - Scope
This Memorandum of Understanding applies but is not limited to:
- Acceptance of the Type Design Approval
- The importing authority will prescribe the airworthiness and environmental criteria for the type design approval of any aeronautical product, in terms of the laws, regulations, standards, requirements and certification system of the exporting authority together with any additional technical conditions it deems necessary.
- The exporting authority will assist the importing authority to become familiar with the aeronautical product to be imported and with the laws, regulations, standards, requirements and certification system applied by the exporting authority.
- Notwithstanding paragraph a., the importing authority may prescribe additional technical conditions to ensure that the aeronautical product meets the airworthiness and environmental standards equivalent to those which would be required for a similar aeronautical product, designed or manufactured in the territory of the importing authority, at the time that the application was received, for the approval of the aeronautical product type design, by the exporting authority.
- As soon as practicable after it has become familiar with the design of an aeronautical product, the importing authority will notify the exporting authority of its requirements concerning airworthiness and environmental criteria for type design approval.
- On request from the exporting authority, the importing authority will promptly advise the exporting authority of its current design-related operational requirements.
- Acceptance of Aeronautical Product Airworthiness Certification
The exporting authority will assist the importing authority in determining that an aeronautical product conforms in construction to a type design description notified by the importing authority and is in a condition for safe operation.
- Continuing Airworthiness
- Both airworthiness authorities will cooperate in analyzing airworthiness aspects of accidents and incidents related to aeronautical products to which this Memorandum applies.
- In respect of aeronautical products designed or manufactured in its territory the exporting authority will where appropriate, specify any action it deems necessary to correct any unsafe condition of the type design that may be discovered after an aeronautical product is placed in service, including any actions in respect of components designed or manufactured by a supplier under contract to a prime contractor.
- In respect of an aeronautical product designed or manufactured in its own territory, the exporting authority will assist the importing authority in establishing procedures deemed necessary by the importing authority for maintaining the continuing airworthiness of such aeronautical product.
- Each airworthiness authority will promptly inform the other of all mandatory airworthiness modifications, special inspections, special operating limitations or other actions which it deems necessary for maintaining the continuing airworthiness of relevant aeronautical products designed or manufactured in the territories of the Contracting Authorities.
- Mutual Cooperation and Assistance
- In respect of aeronautical products designed or manufactured in its territory, the exporting authority will on request assist the importing authority in determining whether the design of major changes, or repairs made under the control of the importing authority, comply with the airworthiness and environmental standards under which such aeronautical products were originally approved by the exporting authority.
- Each airworthiness authority will apprise the other of all its relevant airworthiness and environmental laws, regulations, standards and requirements, and of its airworthiness and environmental certification system.
- Each airworthiness authority will as soon as practicable notify the other of proposed significant revisions to its standards and system for airworthiness and environmental certification or approval; offer the other airworthiness authority an opportunity to comment and give due consideration to the comments made by the other airworthiness authority on the intended revisions.
- The airworthiness authorities will provide to each other such technical evaluation assistance as they understand is appropriate.
IV - Interpretation
In the case of conflicting interpretations of the airworthiness or environmental criteria prescribed by the importing authority pertaining to certifications, approvals or acceptances under this Memorandum of Understanding, the interpretation of the importing authority will prevail.
V - Entry in Effect
This Memorandum of Understanding will come into effect upon signature by both Contracting Authorities.
VI - Termination
- This Memorandum of Understanding will terminate when a Technical Arrangement or an Agreement on Airworthiness will be effected between both Contracting Authorities; or
- When either Contracting Authority give notice to the other Contracting Authority of its decision to terminate this Memorandum of Understanding. The Memorandum of Understanding will terminate 30 days following the date of receipt of the notice by the other Contracting Authority, unless the said notice of termination has been withdrawn by mutual understanding before the expiry of the period.