Bilateral Agreements

Canada/Italy Bilateral Airworthiness Agreement

Schedule of Implementation Procedure for the Canada/Italy Bilateral Airworthiness Agreement

Table Of Contents

Introduction

Chapter 1. General

Chapter 2. Product Type Design Approval Procedures

Chapter 3. Product Airworthiness Certification Or Acceptance

Chapter 4. Accountability

Chapter 5. Mutual Cooperation And Technical Assistance

Chapter 6. Maintenance, Alteration, Or Modification Of Aeronautical Products

Chapter 7. Special Arrangements

Appendix A - Italian Special Requirements

Introduction

This document contains the Transport Canada Aviation Group/Registro Aeronautico Italiano (TCAG/RAI) procedures for implementing the Canadian/Italian Bilateral Airworthiness Agreement, and is intended to facilitate the approval process for aircraft and other aeronautical products being imported or exported between Canada and Italy. It may be jointly reviewed at any time at the request of either the TCAG or RAI, and will be reviewed periodically, taking into account improvements, additions or changes suggested by either the TCAG or RAI, by Canadian and Italian aviation industry associations or their member companies, or by other interested parties, to assure that the procedures remain current. Amendments may be developed by the TCAG Director of Airworthiness and the RAI Director General and issued following approval by the Assistant Deputy Minister, Aviation, Department of Transport and the RAI President.

Suggestions for improvement are welcome and can be addressed to either of the addresses below, who are responsible for the administrative process of keeping this document current.

(TCAG address)
Airworthiness Branch - AARD 
Transport Canada Aviation Group 
200 Kent Street 
Ottawa, Ontario, K1A 0N8, Canada

(RAI address)
Director General 
Registro Aeronautico Italiano 
Via del Tritone, 169 
00187 Rome, Italy

Chapter 1 - General 

10. Purpose

This schedule sets forth procedures agreed upon between the Transport Canada Aviation Group (TCAG) and the Registro Aeronautico Italiano (RAI) to carry out the objectives of the Agreement between Canada and Italy concerning the airworthiness and environmental certification of imported civil aeronautical products, hereafter referred to as the bilateral airworthiness agreement (BAA).

11. Basis

The basis for this Schedule, which is authorized by Article IX of the BAA, is stated in Article I of the BAA.

12. Objectives

The objectives of this Schedule are stated in the Basis and Scope clauses of the BAA and are intended to ensure that the maximum practical credit is given to the exporting State's certification system and to ensure that:

  1. Design approval. The procedures for the approval of the type design of a product, and changes to the type design of a product, establish compliance with the applicable airworthiness and environmental standards of the importing State civil airworthiness authority (importing authority) or criteria determined by the importing authority to provide a level of safety equivalent to its own.
  2. Product airworthiness certification. The procedures for airworthiness certification of a product to facilitate acceptance by the importing authority establish that the product conforms to the importing authority's approved type design and is in a condition for safe operation.
  3. Mutual co-operation and technical assistance. The procedures enable the TCAG and the RAI to exchange appropriate information needed to understand and conduct the approval and monitoring processes within the scope of the BAA and to cooperate when technical assistance is needed by either CAA in fulfilling its national airworthiness and environmental regulatory duties.
  4. Accountability. The procedures enable the persons responsible for a product's design integrity and manufacturing quality assurance/control and the CAA having jurisdiction over these activities, to be identified for the products imported, and establish that adequate technical capability is available to assure that safety issues which may arise with regard to the product in service will be satisfactorily resolved in a timely manner.
  5. Special arrangements. The procedures provide for the resolution by the TCAG and the RAI by special arrangement, as necessary, of urgent or unique situations not envisaged in this Schedule, providing the situation falls within the scope and purpose of the BAA.
13. Definitions

The definitions in Article II of the BAA are incorporated by reference in this Schedule. As used in this Schedule, the following definitions are provided to supplement those definitions.

  1. Compliance means that, after examination by analysis, test, etc., the type design of a product is found to satisfy the notified airworthiness and environmental criteria.
  2. Component means a part, material, or subassembly intended for use on an aeronautical product.
  3. Conformity means that a product is examined against pertinent type design, test, and quality control data and is found to meet those data.
  4. Exporting Civil Airworthiness Authority means the national organization within the exporting State, charged by the laws of the exporting State with regulating the airworthiness and environmental certification, approval, or acceptance of aeronautical products. The exporting civil airworthiness authority will be referred to herein as the exporting authority.
  5. Equivalent Safety Finding means a determination that alternative action taken provides a level of safety equal to that provided by the requirements for which equivalency is being sought.
  6. Exemption means acceptable non-compliance with a requirement when processed through the appropriate regulatory procedure by the CAA and found to be in the public interest and not to have an adverse effect on safety.
  7. Familiarization means the process whereby the importing authority obtains information and experience on an aeronautical product design in the exporting State in order to: identify and prescribe additional technical conditions and design-related operational requirements for that product; provide corrective airworthiness action in the event that the product experiences service difficulties during its operation in the importing State; and develop appropriate maintenance, operating, and pilot type rating information for the product.
  8. Finding means the result of a review, investigation, inspection, test, analysis, etc., to determine compliance of a design with a law, regulation, standard, or requirement, or conformity of a product with approved type design data.
  9. Importing Civil Airworthiness Authority means the national organization within the importing State, charged by the laws of the importing State with regulating the airworthiness and environmental certification, approval, or acceptance of civil aeronautical products. The importing civil airworthiness authority will be referred to herein as the importing authority.
  10. Manufacturer means the person responsible for the final assembly of a product under a CAA-approved quality assurance system which ensures conformity of the product to an approved type design and its condition for safe operation.
  11. Non-standard category aircraft means an aircraft which is only eligible for a special airworthiness certificate.
  12. Priority parts means those parts whose failure could reasonably be expected to result in the catastrophic failure of the product in which they are installed.
  13. Quality assurance or quality control means a systematic process which provides confidence that aeronautical products will conform to the approved type design and will be in a condition for safe operation.
  14. Special Condition means a specific safety standard issued by a CAA for a product when, because of a novel or unusual design feature of the product, the established airworthiness and environmental standards do not contain adequate or appropriate safety standards to establish a level of safety equivalent to that established by the airworthiness and environmental standards.
  15. Standard Category Airworthiness Certification means the issuance of a standard category airworthiness certificate for aircraft type certificated or type approved in the normal, utility, acrobatic, commuter, or transport categories.
  16. Supplier means a person who contracts to provide a component to a product manufacturer to be incorporated into the manufacturer's civil aeronautical product.

Chapter 2 - Product Type Design Approval Procedures

20. General

Approval of the type design of a product, or changes to the type design of a product, by the importing authority will be based, to the maximum extent practicable, on technical evaluations, tests, inspections, and compliance certifications made by the exporting authority. The appropriate form of design approval is to be issued by the importing authority for an imported product if the exporting authority, after consultation with the importing authority, certifies to the importing authority that the product type design has been examined, tested, inspected, and found to meet the airworthiness and environmental criteria prescribed by the importing authority, which the importing authority has found to be equivalent to its own national airworthiness and environmental standards for a similar product.

21. Type Design Approval Application Consideration
  1. Canada. A Transport Canada type design approval for a product is a prerequisite: for issuance of a Canadian certificate of airworthiness; to permit a non-Canadian-registered aircraft to be operated under lease by a Canadian commercial air carrier under Section 210 of the Air Regulations; or to permit a related product such as an engine or appliance to be installed on an aircraft having a Canadian certificate of airworthiness. Transport Canada will assign a higher priority to applications for type design approval for an import product when one of the above situations is shown to exist. Transport Canada does not generally grant type design approvals for products designed and manufactured outside of Canada which are not intended for Canadian utilization, except for articles to be installed on Canadian designed and manufactured products. Therefore, Italian applicants for design approval should provide Transport Canada with evidence of intended Canadian utilization or installation on a Canadian designed and manufactured product at the time of application.
  2. Italy. An RAI type design approval for a product is a prerequisite: for issuance of an Italian certificate of airworthiness; to permit a non-Italian-registered aircraft to be operated under lease by an Italian operator who has been granted a "Licenza" or a "Concessione" by the Italian Ministry of Transportation; or to permit a related product (e.g., aircraft engine, appliances) to be installed on an aircraft having an Italian certificate of airworthiness. The RAI will assign a higher priority to applications for type design approval of an import product when one of the above situations is shown to exist. The RAI does not generally grant type design approvals for products manufactured outside Italy which are not intended for Italian utilization, except for articles to be installed on Italian manufactured products. Therefore, Canadian applicants for design approval should provide RAI with evidence of intended Italian utilization at the time of application.
22. Type Design Approval Procedure for Aircraft, Aircraft Engines, and Propellers

Transport Canada issues type approval (TA) and the RAI issues Certificato di Omologazione del Tipo (COT) to grant approval of the type design of aircraft, aircraft engines, and propellers. The following procedures apply to such product type designs to be approved by Transport Canada or by the RAI for standard category airworthiness certification. Non-standard category aircraft, and aircraft engines and propellers for non-standard category aircraft, will be dealt with on a case-by-case basis through the special arrangement provisions of this document.

  1. Application. An applicant for type design approval will make application through its own CAA with a request that the application and related information be forwarded to the importing authority. All Italian applications for Transport Canada type design approval will be sent by the RAI to the Transport Canada Airworthiness Branch in Ottawa. All Canadian applications for RAI type design approval will be sent by the Transport Canada to the RAI in Rome. Applications should include a general description of the product including:
    1. A three-view drawing for aircraft or a cross-section drawing for aircraft engines and propellers;
    2. A statement of the applicable airworthiness and environmental standards for design approval as established by the exporting authority for its own domestic design approval;
    3. Any novel or unusual design features known to the applicant at the time of application which might necessitate issuance of either Transport Canada or RAI airworthiness special conditions;
    4. Any expected exemptions or equivalent safety findings relative to the exporting authority's airworthiness standards for type design approval;
    5. Any equivalent environmental compliance procedures; and
    6. The estimated date of completion.
  2. Initial familiarization briefing. On major projects, as soon as practicable after the application has been received and accepted by the importing authority, and when the design is sufficiently defined, a familiarization briefing on the product may be requested by the importing authority. The briefing will be held at a mutually agreeable location for attendance by the importing authority, the exporting authority, and the applicant. The primary purposes of the briefing will be to permit:
    1. The applicant to describe the design to the importing authority. This briefing (or series of briefings) will cover all aspects of the design. Emphasis should be placed on any novel, unusual, or critical design features which might necessitate issuance of either importing authority or exporting authority special conditions or new applications of existing standards;
    2. The importing authority to engage in detailed technical discussions with the exporting authority and the applicant on the design, including particular applications or interpretations of the airworthiness and environmental standards of the exporting State and the importing State; and
    3. For products with a prior service history, the applicant and the exporting authority to brief the importing authority on the product service history, including corrective measures applied to preclude occurrence of incidents or accidents.
  3. Establishment of the type certification basis by the importing authority.
    1. The importing authority will establish a type certification basis for the product design in accordance with its own domestic airworthiness and environmental standards for a similar product, giving consideration to the standards which were in effect in the importing State at the time that application was received for the approval of the product type design by the exporting authority.
    2. Once the importing authority's type certification basis has been established, the airworthiness and environmental criteria for type certification by the importing authority will be developed jointly by the importing authority and exporting authority so as to:
      1. Give maximum credit to the exporting authority's domestic certification system; and
      2. Provide the importing authority a basis to find compliance with its own national airworthiness and environmental standards or to find that equivalent criteria have been met, based on an exporting authority certification of compliance with the agreed airworthiness and environmental criteria
    3. Thus, the airworthiness and environmental criteria defined by the importing authority will consist of the airworthiness and environmental standards as applied by the exporting authority under its own domestic certification system, plus any additional technical conditions specified by the importing authority to establish an equivalent level of safety and environmental quality with its own domestic standards for a similar product.
  4. Additional technical conditions. The additional technical conditions may include any or all of the following:
    1. Additional airworthiness conditions based on differences in the basic airworthiness standard, interpretations, applications, policies, and guidance materials between the two States. In the case of Canada, the basic airworthiness standards are set out in Chapters 522 through 535 of the Airworthiness Manual. In the case of Italy, the basic airworthiness standards are set out in Regolamento Tecnico RAI Parti 222 through 235;
    2. Additional environmental (noise and emissions) conditions based on differences in the environmental standards between the two States. In the case of Canada, the basic environmental standards are the noise requirements of Chapter 516 of the Airworthiness Manual (based on ICAO Annex 16), plus the operating standards concerning noise as contained in Air Navigation Order (ANO) Series II, Number 21 and 27. In the case of Italy, the basic environmental standards are the noise requirements of Parte 216 of the Regolamento Tecnico (based on ICAO Annex 16).
    3. Special Conditions relating to novel or unusual features of the product design which are not covered by the adopted airworthiness and environmental standards of the exporting authority;
    4. Airworthiness and environmental conditions based on an evaluation of equivalent safety findings and exemptions granted by the exporting authority to the applicant for domestic certification; and
    5. Actions deemed necessary for continued safe operation in the importing State as a result of the importing authority review of the service history and the actions taken by the exporting authority to correct unsafe conditions on products of a type design previously certificated by the exporting authority and having accumulated a measurable service history.

    223.1 Design-related operational requirements. At the option of the applicant, operational requirements of the importing authority for a particular kind or condition of operation which would affect the design or performance of the product. This could include the provision of additional equipment required to meet the operational requirements of the importing authority, as well as supplementary advisory information in the aircraft flight manual; the provision of an aircraft operating manual with procedures for the dispatch of the aircraft with inoperative equipment; and the provision by the exporting authority of advisory maintenance information. This latter information will assist an aircraft operator in satisfying the importing authority that he has an acceptable maintenance specification for his aircraft operation.

  5. Data submittal and design review. Required technical data representing the product will vary with the type and complexity of the product involved. Preceding the issuance of type certification, the importing authority may request additional technical design data, may review the product, and may fly the product for familiarization purposes. Also, when deemed necessary by both the exporting authority and the importing authority, the importing authority may fly, or conduct a detailed review of the product to assure compliance with the additional technical conditions. The applicant will submit all data to the exporting authority for verification and transmission to the importing authority. Request for additional technical data, reviews, and flight tests as described here will, in the spirit of the BAA, be the minimum necessary to assure that the importing authority acquires the needed familiarity.
  6. Technical meetings. In addition to the initial familiarization briefing, other technical meetings may be necessary to assure that any additional technical conditions that have been communicated to the exporting authority are well understood, and that any outstanding technical issues are resolved. All technical meetings will normally be arranged through the exporting authority. Location of the meetings may vary, depending on the needs and priorities, and will normally have importing authority/exporting authority representatives in attendance. Such meetings (and guidelines for the meetings) may include):
    1. Technical meetings requested by the applicant, the exporting authority, or the importing authority for the purpose of reporting new developments, reviewing changes, or resolving technical compliance questions;
    2. Technical meetings between the importing authority and exporting authority to effect the timely resolution of outstanding issues;
    3. Technical meetings held with the applicant to provide the applicant with the importing authority's position with respect to any unresolved technical issues; and
    4. Technical meetings involving flight operations and maintenance specialists of the importing authority, exporting authority, and the applicant to facilitate operational acceptance of the product by the importing authority for a particular kind or condition of operation.
  7. Issue papers. Issue papers may be prepared by the importing authority which describe issues such as Additional Technical Conditions, which need to be resolved before the importing authority can grant a TA/COT before an aircraft can enter a special type of operation, such as commercial operation, in the importing authority's country. The exact form and scope of the issue papers will be determined by each airworthiness authority and details of their use will be provided to the other authority.
  8. Approval of changes to a type certificate.
    1. Approval of changes to the design (e.g., model changes) sought by the type certificate holder will be issued as amendments to the TA/COT by the importing authority. A certification procedure similar to that described in Section 22 will be applied, but adjusted as appropriate for the magnitude and complexity of the design change. The importing authority retains the right to determine if the proposed change is of such significance as to require a new type certificate for the changed type design, based on how the change would be dealt with for a similar product and circumstances in the importing State.
    2. Changes or production design improvements other than those to be dealt with under Section 227(a), such as changes introduced by service bulletins, will be considered approved by the importing authority upon approval by the exporting authority under its normal procedures; provided information on the changes is supplied to the importing authority by the exporting authority. Upon request, the exporting authority will arrange to have service bulletins reflecting changes provided to the importing authority on a timely basis.
23. Supplemental Type Certificates
  1. Transport Canada may issue Supplemental Type Approvals (STA) and the RAI may issue Certificati di Omologazione del Tipo Supplementari (COTS) to grant approval for changes to a type design on aeronautical products for which a standard type certificate has been previously granted. The importing authority will consider approving a change in type design on a product made by an applicant in the exporting State, provided the product has been type certificated by both Transport Canada and the RAI for standard category certification.
  2. Application for STA/COTS relating to products type certificated in non-standard categories and design approvals for modifications authorized under Transport Canada or RAI one-off engineering modifications or limited STAs will be dealt with on a case-by-case basis.
  1. Application for STA/COTS. An applicant will submit STA/COTS applications to the exporting authority with a request that the application and related information described in this section be forwarded to the importing authority. Each application will provide the following information:
    1. Description of the change, together with make and model of the product;
    2. Copy of exporting authority approval document and certification basis; and
    3. Information on any equivalent safety findings or exemptions granted by the exporting authority for the domestic STA/COTS.
  2. Establishment of applicable airworthiness and environmental criteria. The approval basis for an STA/COTS will normally be the airworthiness and environmental standards originally established by the importing authority for TA/COT approval of the basic product. Additional technical conditions may be prescribed by the importing authority when the circumstances of the design change make them necessary.
  3. Basic documentation. The following documentation will, under normal circumstances, be required for review by the importing authority:
    1. Compliance checklist.
    2. Aircraft flight Manual Supplement
    3. Master Documentation List/Master Drawing List.
    4. Manufacturing and Installation Instruction Drawings.
    5. Maintenance/Repairs Manual Supplements, etc..
    6. Weight and balance data.
    7. Instructions for Continued Airworthiness.
  4. Additional documentation for complex STA/COTS. Where the technical complexity of the design change warrants, e.g., where additional technical conditions are required, it may be necessary to provide additional data, such as:
    1. Engineering reports: structural analysis, etc..
    2. Flight test data.
  5. Approval procedures. The importing authority will review the STA/COTS application, together with the exporting authority's approval document and certification basis. The importing authority will either concur with the exporting authority basis of certification or propose additional technical conditions. Findings of compliance against these technical conditions will normally be made by the exporting authority upon request from the importing authority. This will not preclude the possibility that the importing authority, for familiarization on complex STA/COTS, will need to perform additional evaluations, such as flight tests, etc..
24. Design Approvals of Products Other than Aircraft, Aircraft Engines, and Propellers

The RAI and Transport Canada note that Transport Canada issues an Appliance Design Approval for appliances for which a performance standard has been published in Chapter 537 of the Canadian Airworthiness Manual. The RAI and Transport Canada note that the RAI issues Certificati di Omologazione del Tipo di Parte (COTP) for appliances for which a performance standard has been published in the applicable Regolamento Tecnico RAI. Approval of such appliances may be accomplished by correspondence between Transport Canada and the RAI. Other forms of design approval may be issued when mutually agreed on by Transport Canada and RAI. The appropriate form of design approval may be issued to the applicant by the importing authority after:

  1. Receipt of a statement from the applicant through the exporting authority, with confirmation by the exporting authority, that the design and performance of the appliance or article comply with the applicable TSO or other accepted standards; and
  2. Receipt of all the required data pertaining to the proper installation, performance, operation, and maintenance of the appliance.

Chapter 3 - Product Airworthiness Certification Or Acceptance 

30. Production Quality Assurance System Approvals for Products Manufactured in Either Canada or Italy.

All products manufactured in either Canada or Italy and exported under the provisions of the BAA will be manufactured in accordance with a production quality assurance system acceptable to the exporting authority, which assures conformity to the type design approved by the importing authority and ensures that completed products are in a condition for safe operation. Therefore, a separate approval of the manufacturer's production quality assurance system by the importing authority is not required, although it is consistent with the intent of the BAA that the importing authority may become familiar with the manufacturer's production quality assurance system.

31. Airworthiness Certification or Acceptance of Products
  1. Complete aircraft manufactured in Canada or Italy. The importing authority shall accept the certification of the exporting authority on the airworthiness of an aircraft in making its finding that the aircraft is eligible for an airworthiness certificate. The certification by the exporting authority will attest that the aircraft:
    1. Conforms to a type design approved by the importing authority which meets the importing authority's airworthiness and environmental standards as specified in the importing authority's type certificate data sheet;
    2. Is in a condition for safe operation, including compliance with applicable importing authority mandatory airworthiness modifications and special inspections; and
    3. Contains equipment which assures compliance with the importing authority's operational requirements as notified by the importing authority.
  2. Deviations from the importing authority type design. Any deviations from the importing authority type design will be noted by the exporting authority on the certifying statement. Any such deviations will be resolved by the applicant/installer before an aircraft is eligible for a Canadian or Italian airworthiness certificate, or a related product is eligible for installation on an aircraft having a Canadian or Italian airworthiness certificate.
  3. Products other than complete aircraft manufactured in Canada or Italy. The importing authority shall accept the evaluations of a product made by the exporting authority in making its finding that the product is eligible for installation on aircraft having an airworthiness certificate issued by the importing authority, if the exporting authority makes a certification that the product conforms to a type design approval issued by the importing authority to the manufacturer for installation on that type of aircraft and is in a condition for safe operation, including compliance with any applicable mandatory airworthiness modifications, special inspections, and special requirements of the importing authority.
  4. Aircraft, aircraft engines, or propellers manufactured in a third State. In making its finding of eligibility for an airworthiness certificate or approval for an aircraft, aircraft engine, or propeller manufactured in a third State, the importing authority shall accept the certification of the exporting authority as to the airworthiness of that aircraft, aircraft engine, or propeller, providing the exporting authority makes a certification to the importing authority similar to that required in Section 310 or 312, as appropriate, and further providing that:
    1. Both Transport Canada and the RAI have approved the basic type design of the aircraft, aircraft engine, or propeller, as appropriate; and
    2. In the case of an aircraft, the aircraft normally would have been registered and certificated in the exporting authority State, or had been in the exporting State for the purpose of completion; e.g., interior installation.
  5. Products manufactured in Canada/Italy and imported from a third country. When an aeronautical product, manufactured in Canada or Italy, is to be imported from a third country, the importing authority will require from the authority responsible for the manufacture, a statement that at the time the product was exported, it complied with the airworthiness and environmental criteria prescribed by the responsible authority.
32. Special Requirements for Products

The RAI and Transport Canada note that the following identifies those special requirements, which must be complied with as a condition of acceptance of products imported into the Canada or Italy, or for use on Canadian/Italian-registered aircraft.

  1. Canadian special requirements.
    1. Canadian registration. A Canadian Certificate of Registration is not required as a condition for the issuance of Canadian Flight authority, with either a Certificate of Airworthiness or a Flight Permit. However, no aircraft is authorized to fly without a valid Canadian flight authority and Canadian registration. Transport Canada requirements for Canadian registration and ownership are established in Part II, Division 1 of the Air Regulations. Aircraft nationality and registration markings are currently contained in Air Regulations Series II, No. 2, Aircraft Marking and Registration Regulations.
    2. Product identification. To be eligible for a Canadian flight authority, an aircraft must be identified with an identification plate in accordance with requirements contained in Transport Canada Air Regulations Series II, No. l, Identification of Aircraft and other Aeronautical Products Regulations.
    3. Provision of aircraft manuals. Acceptance of the first of a type or model of aircraft into Canada is conditional upon the aircraft type design approval holder providing to Transport Canada at no charge seven copies of the Aircraft Flight Manual, Maintenance Manual, Structural Repair Manual, Illustrated Parts Catalogue, and Service Bulletins, together with all subsequent amendments to these documents. In the case of transport category aircraft, the required number of manuals may be reduced as a result of negotiations between the aircraft type approval holder and Transport Canada.
    4. Maintenance Records. The products must be accompanied by maintenance records equivalent to those specified in Chapter 575 of the Airworthiness Manual.
  2. Italian special requirements.
    1. Identification and marking. See Appendix A.
    2. Provision of aircraft manuals. See Appendix A.
    3. Maintenance records. See Appendix A .
    4. Operational check. In the case of aircraft engines or propellers, the aircraft engine or propeller must have been subjected to a final operational check to the manufacturer's specifications.
    5. Cabin markings. Markings and placards intended for passenger information, cabin and external emergency instructions and instructions for operation of passenger and cargo doors, must be presented in bilingual form Italian and English. Note: The required Italian text will be notified to the exporter, or alternatively may be completed in Italy prior to standard airworthiness certification.
    6. Product maintenance documentation. See Appendix A

Chapter 4 - Accountability

40. General

Each CAA has responsibility to the other to assure both design or manufacturing deficiencies are corrected as specified in this chapter on products which were imported or exported under the BAA and which have current TA/COT'S production approvals issued by that CAA to a person located in its State. When a person in the Contracting State holds only design or manufacturing responsibility, with the involvement of its national CAA , that CAA's accountability under this chapter is equally limited. These responsibilities include:

  1. Communication. The need for Transport Canada/RAI dialogue to assure that the same or consistent information and requirements are issued on a given product.
  2. Notification of unsafe conditions. When the service experience in the importing State indicates the existence of an unsafe condition associated with the design, manufacture, or maintenance of a product, such information should promptly be provided to the exporting authority. When such information is so provided, the exporting authority should give expedient attention to the information and consider appropriate action to correct the condition.
  3. Accident/incident investigation assistance. When an importing authority needs airworthiness information for the investigation of service incidents or accidents involving a product imported under the BAA, the request for the information should be directed to the appropriate exporting authority office. In turn, upon receipt of the request for information, the exporting authority should immediately do everything necessary to make sure the requested information is provided in a timely manner. If urgency requires that the importing authority request the information directly from the manufacturer, the importing authority will immediately inform the responsible exporting authority office of this action.
  4. Mandatory airworthiness actions. In the case of mandatory airworthiness actions, each CAA will keep the other fully informed in a timely manner of all mandatory airworthiness modifications and special inspections which are determined to be necessary on products designed or manufactured in either State. The issuing CAA will identify the safety problem (unsafe condition) requiring the mandatory airworthiness action. A standard notification system will be established which will assure that all such actions are promptly notified to the other CAA. In the case of emergency airworthiness information, the issuing CAA should ensure special handling so that the other CAA is notified immediately and can take appropriate parallel action within the constraints of the original action. Unless differing operational conditions obviate the need, the other CAA will issue expedient and consistent mandatory airworthiness information to operators of the product in its country.

Chapter 5 - Mutual Co-operation And Technical Assistance

50. Communications and Meetings

Applicants for product type design approval frequently request technical meetings or correspond directly with the importing authority to discuss and resolve technical issues that commonly arise in the applicant's programs. Because each CAA relies heavily on the other's understanding of its position on such issue, the exporting authority will be included in any such meetings or correspondence. Also, each CAA will seek the other CAA's opinions before significant issues regarding an applicant's program are resolved and, accordingly, will generally discourage a meeting with the applicant to discuss and resolve technical issues unless the other CAA is also invited. Similarly, correspondence will generally be answered through, co-ordinated with, or copied to the exporting authority.

51. Technical Evaluation Assistance

Upon request and mutual agreement, one CAA may provide technical evaluation assistance to the other CAA in furtherance of the purposes and objectives of the BAA. Such areas of assistance may include, but are not limited to witnessing tests, performing inspections, reviewing reports, doing flight tests, and obtaining data.

52. Exchange of Information on Standards and Certification Systems

It is recognized that an essential factor in a smoothly operating Arrangement is a thorough and up-to-date knowledge by the exporting authority of the regulations, policies, practices, and interpretations of the importing authority. Early efforts should assure that each CAA has in its possession a complete set of the other CAA's written regulations, guidance, policies, practices, and interpretations, or has a source for such information. Since such regulations, policies, practices, and interpretations are continually undergoing review and revision, it is imperative that the exporting authority's maximum practicable involvement in the review and revision process be permitted and encouraged. This should take the form of early and direct notification of all comments resulting, and early notification of the text, impact, and effective date of any adopted changes.

53. Supplier Provision

As provided in Article V of the BAA, the CAA of the State in which a product manufacturer is located may request conformity certificates of the CAA in the State in which the product manufacturer's supplier is located for certain components produced by that supplier.

  1. Request for conformity certifications. Requests for such certifications would be considered appropriate when:
    1. The product manufacturer has developed and implemented quality control procedures acceptable to the product manufacturer's CAA to ensure that the supplier furnished components will meet the pertinent design data and be in a condition for safe operation. This would include provisions for the product manufacturer to make initial on-site supplier capability evaluations, first article inspections, and perform any subsequent audits, source inspections, etc., at the supplier facility, as necessary, to make the final airworthiness determination.
    2. The product manufacturer CAA - not the product manufacturer - makes the request for conformity certifications when that CAA finds such certification necessary to ensure that the product manufacturer is demonstrating adequate control of the particular supplier.
    3. The product manufacturer CAA notifies to the supplier CAA the design, test, and quality control requirements to which the component must conform.
  2. Component categories. Requests for conformity certifications should be limited to components that are of such complexity that they are not inspectable by the product manufacturer prior to installation in the final product and fall into one of the following categories:
    1. Prototype components to be used for design evaluation purposes; e.g., type certification programs.
    2. Pre-production components, i.e., components to be used in a completed product submitted for airworthiness certification or approval after a type certificate has been issued but before production privileges have been granted.
    3. First article inspections on production components which fall into a priority part category.
    4. Production components, when feedback to the product manufacturer CAA reveals a safety problem.
  3. Deviations. The supplier CAA will note any deviations from the requirements notified by the product manufacturer CAA on the conformity certification for the particular component.
  4. Airworthiness determinations. The conformity certification issued by the supplier CAA should not be misconstrued as being an export airworthiness approval, since they do not constitute an airworthiness determination. Such determinations remain the responsibility of the product manufacturer and its CAA. The certifications only serve to attest to the product manufacturer's CAA that a component conforms to the design, test, and quality control requirements which that CAA has notified to the supplier CAA. Accordingly, when a product manufacturer desires to ship a component directly to an operator/user, it must make the necessary airworthiness determination. In these instances, any necessary export airworthiness approvals must be issued by the product manufacturer CAA or its designee. The only condition under which the supplier CAA could issue an export airworthiness approval for such components would be where the supplier obtains its own production approval for the particular components from the supplier CAA.

Chapter 6 - Maintenance, Alteration, Or Modification Of Aeronautical Products 

60. General

Maintenance, alteration, or modification may be performed on an aircraft under the airworthiness regulation of the RAI or Transport Canada, or on an aircraft engine, propeller, appliance, or part for installation thereon, and approved for return to service by authorized persons identified in Section 62, in either Canada or Italy, provided that the maintenance, alteration, or modification is accomplished in accordance with the airworthiness and environmental standards, including the product record entry requirements, of the State regulating the airworthiness of the aircraft.

61. Design Approval of Alteration or Modification

Alteration or modification made under these provisions will be made in conformity to a type design configuration approved by the CAA regulating the airworthiness and the operation of the product in service. In the case of an aircraft having an airworthiness certification issued by one State which is being operated under lease by an operator in the other State, the CAA of the State which issued the airworthiness certificate must approve the type design change which describes the alteration or modification. The operator of the leased aircraft must also ensure that the alteration or modification is in accordance with the laws and regulations of his CAA.

62. Authorized Persons.
  1. Maintenance and alteration or modification may be performed on civil aeronautical products and approved for return to service in either Canada or Italy when:
    1. That work is accomplished in Canada and returned to service by a Canadian maintenance organization that has been approved by Transport Canada for the maintenance and alteration or modification of the same complexity for the same product; or
    2. That work is accomplished in Italy and returned to service by an RAI certificated Repair Station or air carrier that has been approved by the RAI for the maintenance and alteration or modification of the same complexity for the same product.
63. Information and Guidance Regarding the Maintenance, Alteration, or Modification to be Performed under the Terms of the BAA

Due to the number of persons and organizations who may perform maintenance, alteration, or modification under the BAA, each CAA will develop appropriate publications and circulate those publications through established methods in its respective State to:

  1. Inform persons in that State of the terms of the BAA; and
  2. Outline the regulatory requirements and any special requirements necessary for those persons to perform under the terms of the BAA.

Chapter 7 - Special Arrangements

It is anticipated that urgent or unique situations will develop - with respect to design, product airworthiness certification or acceptance, or technical assistance - which have not been specifically addressed in the BAA. When such a situation arises, it will be reviewed by the respective Transport Canada and RAI Directors of Airworthiness, and a procedure developed to deal with the situation. Confirmation of the procedure will be either by routine correspondence or, if considered significant, by the signing of a Memorandum of Understanding. Part of the process of reviewing the problem and preparing an appropriate procedure will include a determination of the uniqueness of the situation. If it is apparent that the situation is unique, with little possibility of repetition, then a termination date may, if appropriate, be attached to the correspondence or Memorandum of Understanding. However, if the situation has anticipated new technology or management developments which will lead to further repetitions, then the BAA will be revised and submitted for approval by the Assistant Deputy Minister, Aviation, Transport Canada and the RAI President at the next review meeting.

This Schedule of Implementation Procedures has been reviewed and approved by the undersigned.

Signatures

Appendix A - Italian Special Requirements. 

1. Identification of Aircraft and Related Products 
  1. Aircraft and aircraft engines. Aircraft must be identified, and each person who manufactures an aircraft engine under a type or production certificate shall identify that engine , by means of a fireproof plate that has the information specified in the following section 2. marked on it by etching, stamping, engraving, or other approved method of fireproof marking. The identification plate for aircraft must be secured in such a manner that it will not likely be defaced or removed during normal service, or lost or destroyed in an accident. Except as provided in paragraphs (c) and (d) of this section, the aircraft identification plate must be secured to the aircraft fuselage exterior so that it is legible to a person on the ground, and must be either adjacent to and aft of the rearmost entrance door or on the fuselage surface near the tail surfaces. For aircraft engines, the identification plate must be affixed to the engine at an accessible location in such a manner that it will not likely be defaced or removed during normal service, or lost or destroyed in an accident.
  2. Propellers and propeller blades and hubs. Each person who manufactures a propeller, propeller blade, or propeller hub under the terms of a type or production certificate shall identify his product by means of a plate, stamping, engraving, etching, or other approved method of fireproof identification that is placed on it on a Noncritical surface, contains the information specified in section 2., and will not be likely to be defaced or removed during normal service or lost or destroyed in an accident.
  3. For manned free balloons, the identification plate prescribed in paragraph (a) of this section must be secured to the balloon envelope and must be located, if practicable, where it is legible to the operator when the balloon is inflated. In addition, the basket and heater assembly must be permanently and legibly marked with the manufacturer's name, part number (or equivalent) and serial number (or equivalent).
  4. On aircraft manufactured before March 7, 1988, the identification plate required by paragraph (a) of this section may be secured at an accessible exterior or interior location near an entrance, if the model designation and builder's serial number are also displayed on the aircraft fuselage exterior. The model designation and builder's serial number must be legible to a person on the ground and must be located either adjacent to and aft of the rearmost entrance door or on the fuselage near the tail surfaces. The model designation and builder's serial number must be displayed in such a manner that they are not likely to be defaced or removed during normal service.
  5. Critical components to be used as spare or replacement/modification parts must be identified with a part number and serial number.
  6. Appliances and articles of a design approved by an RAI Certificato di Omologazione del Tipo di Parte must be permanently and legibly marked with the following information:
    1. The name and address of the manufacturer.
    2. The name, type, part number, or model designation of the article.
    3. The serial number or the date of manufacture of the article or both.
    4. The applicable TSO number.
    5. Any additional marking requirements specified in the particular TSO.
  7. Parts and materials to be used as spare or replacement/modification parts must be identified by a part number and the manufacturer's name or trade mark. In addition, information concerning the model designation or the type certificated product for which the part is eligible for installation must be furnished.
2. Identification data

The identification required by 1.(a) and (b) shall include the following information:

  1. Builder's name.
  2. Model designation.
  3. Builder's serial number.
  4. Type certificate (COT) number, if any.
  5. Production certificate number, if any.
  6. For aircraft engines, the established rating.
  7. Any other information the RAI finds appropriate.
3. Provision of aircraft manuals

Acceptance of the first of a type or model of aircraft into Italy is conditional upon the aircraft type design approval holder providing to RAI at no charge six copies of the Aircraft Flight Manual, Maintenance Manual, Structural Repair Manual, Illustrated Parts Catalogue, and Service Bulletins, together with all subsequent amendments to these documents. In the case of transport category aircraft, the required number of manuals may be reduced as a result of negotiations between the aircraft type design holder and RAI.

4. Maintenance records

The products must be accompanied by maintenance records equivalent to those specified below that reflect the status of required inspections, life limits, etc.:

  1. Records of the maintenance, preventive maintenance, and alteration, and records of the 100hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include:
    1. A description (or reference to data acceptable to the RAI) of the work performed;
    2. The date of completion of the work performed; and
    3. The signature and certificate number of the person approving the aircraft for return to service.
  2. Records containing the following information:
    1. The total time in service of the airframe, each engine and each propeller;
    2. The current status of lifelimited parts of each airframe, engine, propeller, rotor, and appliance;
    3. The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specific time basis;
    4. The identification of the current inspection status of the aircraft, including the times since the last inspections required by the inspection program under which the aircraft and its appliances are maintained;
    5. The current status of applicable airworthiness directives (Prescrizioni di Aeronavigabilità [PA]) including, for each, the method of compliance, the PA number, and revision date. If the PA involves recurring action, the time and date when the next action is required;
    6. Copies of the forms prescribed for each major alteration to the airframe and currently installed engines, rotors, propellers and appliances.
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