Netherlands

Technical Arrangement On Airworthiness Between The Aviation Regulation Directorate, Transport Canada, And The Department Of Civil Aviation, Netherlands Ministry Of Transport And Public Works

The Aviation Regulation Directorate of Transport Canada and the Department of Civil Aviation of the Netherlands Ministry of Transport and Public Works have agreed to the following arrangement on airworthiness matters, which is proposed should be developed into a Bilateral Airworthiness Agreement between Canada and the Kingdom of the Netherlands.

The two authorities will work in accordance with this arrangement from the date at which it has been signed by both parties, until such time as a formal Bilateral Agreement is entered into between the Governments of Canada and the Netherlands or until it is revised by mutual agreement of the two authorities or revoked by one of the authorities.

In the following document Canada and the Kingdom of the Netherlands are referred to for convenience as the Contracting States.

Signatures

Dated this Twenty-first day of April 1987

1. Basis

Whereas

  1. Each Contracting State has determined by a long practice of technical exchanges that the standards and systems of the other Contracting State for the airworthiness and environmental certification or acceptance of civil aeronautical products are sufficiently equivalent to its own to make an Agreement practicable;
  2. Each Contracting State wishes to develop and employ procedures for granting airworthiness and environmental certification or acceptance for civil aeronautical products exported from the other Contracting State such as to give maximum practicable credit for technical evaluations, tests results, inspections, conformity statements, marks of conformity, and certificates accepted or issued by or on behalf of the civil airworthiness authority of the exporting State in granting its own domestic certification of the products; and
  3. In the interest of promoting aviation safety and environmental quality, each Contracting State wishes to encourage co-operation and assistance between its civil airworthiness authority and that of the other Contracting State toward 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 State as is practicable taking into account commitments to joint agreements and to cooperate to reduce, to the minimum, the economic burden imposed on each Contracting State's aviation industries and operators by avoiding redundant technical evaluations, tests and inspections.

Therefore, the two Contracting States, having agreed on certain principles and arrangements in order to facilitate the airworthiness and environmental certification, approval, or acceptance by the civil airworthiness authority of the importing State of civil aeronautical products, including maintenance services, imported and exported between the two Contracting States; to provide for the development of procedures between the two authorities for these purposes and to deal with the emerging trend toward multinational design, manufacture, and interchange of civil aeronautical products involving the joint interests of the Contracting States as they concern airworthiness and environmental certification; and to provide for co-operation toward sustaining safety and environmental quality objectives; have accordingly concluded this Agreement to that end.

2. Scope Of Coverage 

This agreement applies to:

  1. The acceptance by the importing State's airworthiness authority of the type design approval, including environmental approval, and optionally of the finding of compliance made by the exporting State's authority with the importing authority's design related operational requirements for civil aeronautical products, for which the exporting State's airworthiness authority is the basic type certification authority.
  2. The acceptance by the importing State's airworthiness authority of the airworthiness certification, approval, or acceptance of civil aeronautical products that may be exported from the other Contracting State, including both new and used products which were designed or manufactured partially or wholly in other States.
  3. The acceptance by one Contracting State of maintenance, alterations or modifications performed under the authority of the other Contracting State on aircraft, or on aircraft engines, propellers, appliances, materials, parts, or components installed or intended to be installed thereon.
  4. Co-operation and assistance on continued airworthiness of in service aircraft.
  5. Co-operation, assistance and exchange of information regarding safety and environmental standards and certification systems.

3. Definitions

For the purpose of this Agreement:

  1. "Additional Technical Conditions" means the terms notified by the importing State for the approval of the type design of an aeronautical product or for the acceptance of an aeronautical product to account for differences between Contracting States in:
    1. Adopted airworthiness and environmental standards;
    2. Special conditions relating to novel or unusual features of the product design which are not covered by the adopted airworthiness and environmental standards:
    3. Application of exemptions or equivalent safety findings from the adopted airworthiness and environmental standards;
    4. Maintenance requirements;
    5. Mandatory airworthiness action taken to correct unsafe conditions.
  2. "Airworthiness Criteria" means criteria governing the design, performance, materials, workmanship, manufacture, maintenance and alteration or modification of civil aeronautical products as prescribed by the civil airworthiness authority of a State to enable it to find that the design, manufacture, and condition of these products comply with the laws, regulations, standards, and requirements of this State concerning airworthiness.
  3. "Modification" means making a change to the type design.
  4. "Civil Aeronautical Product" herein also referred to as "product" means any civil aircraft, or aircraft engine, propeller, appliance, material, part or component to be installed thereon, new or used.
  5. "Civil Airworthiness Authority" herein also referred to as "Airworthiness Authority" means the national government agency within a Contracting State which is charged by the laws of that State with regulating the airworthiness and environmental certification, approval, or acceptance of civil aeronautical products.
  6. "Design-related operational requirements" means the operational requirements affecting either the design features of the product or data relating to the operation or maintenance of the product that make it eligible for a particular kind of operation in a State.
  7. "Environmental Criteria" means criteria governing the design, performance, materials, workmanship, manufacture, maintenance, and alteration or modification of civil aeronautical products as prescribed by the civil airworthiness authority of a State, to enable it to find that these products comply with the laws, regulations, standards, and requirements of this State concerning noise abatement and emissions.
  8. "Exporting State" means the Contracting State exporting a type design, or a modification thereof or a product under the provisions of this agreement. The airworthiness authority of the exporting State will be referred to as the exporting authority.
  9. "Importing State" means the Contracting State importing a type design, or a modification thereof or a product under the provisions of this agreement. The airworthiness authority of the importing State will be referred to as the importing authority.
  10. "Maintenance" means the performance of actions to assure the airworthiness of a product.
  11. "Product Airworthiness Approval" means the issuance of an airworthiness certificate, approval, or acceptance, as appropriate, by or on behalf of an airworthiness authority for a particular civil aeronautical product to permit operation or use of the product under the laws, regulations, standards and requirements of the issuing Contracting State.
  12. "State regulating the airworthiness of an aircraft" means the Contracting State responsible for the issuance of certificate of airworthiness for an aircraft, or the Contracting State responsible for the certification of an operator operating, under lease or charter, an aircraft which possesses a certificate of airworthiness issued by another State.
  13. "Type design" means the description of all characteristics of a product including its design, manufacture, limitations and continued airworthiness instructions which determine its airworthiness.
  14. "Type Design Approval" means the certification, approval or acceptance, by, or on behalf of, an airworthiness authority for the type design of a product.

4. Type Design Approval

  1. If the exporting authority certifies to the importing authority that the type design of a product, or a change to a product type design previously approved by the importing authority, complies with airworthiness and environmental criteria prescribed by the importing authority, the importing authority shall, in finding compliance with its own laws, regulations, standards, and requirements for granting type design approval, give the same validity to the technical evaluations, determinations, tests, and inspections made by the exporting authority as if it had made them itself, provided that the certification by the exporting authority was based on an evaluation of the type design using the same certification system it would apply to products designed in its own State.
  2. The importing authority shall prescribe the airworthiness and environmental criteria for the type design approval of a particular product, in terms of the laws, regulations, standards, requirements and certification system applied by the exporting authority in granting its own type design approval together with the additional technical conditions identified below.
  3. To this end, the importing authority shall have the right:
    1. To become familiar with the product to be imported and with the laws, regulations, standards, requirements, and certification system applied by the exporting authority, and
    2. To identify the additional technical conditions which it finds necessary to ensure that the product meets the airworthiness and environmental standards equivalent to that which would be required for a similar product designed or manufactured in the importing State at the time that the application was received for the approval of the product type design by the exporting authority.
  4. The airworthiness and environmental criteria specified, by the importing authority for its type design approval of a product shall be communicated to the exporting authority as soon as practicable after becoming familiar with the design of the product.
  5. The importing authority, on request from the exporting authority, shall advise the exporting authority of its current designrelated operational requirements. If by agreement between the authorities, the exporting authority certifies to the importing authority that the design of the product or data on the design relating to the operations or maintenance of the product comply with those designrelated operational requirements prescribed by the importing authority, the importing authority, in finding compliance with its own operational requirements, shall give the same validity to the technical evaluations, determinations, tests and inspections made by the exporting authority as if it had made them itself.

5. Product Airworthiness Acceptance

  1. If the exporting authority certifies to the importing authority that a product, for which a type design approval has been issued, or is in the process of being issued by the importing authority, conforms in construction to a type design description notified by the importing authority and is in a condition for safe operation, the importing authority shall give the same validity to the technical evaluations, tests, and inspections made by the exporting authority as if it had made them itself on the date of the certification by the exporting authority.
  2. Additional inspections may be made or specified by the importing authority as it deems necessary at the time of its airworthiness and environmental certification, approval or acceptance of an aeronautical product.

6. Maintenance And Performance Of Alterations Or Modifications

  1. If maintenance or an alteration of modification is performed and certified, under the authority of one Contracting State, on an aircraft which is under the airworthiness regulation of the other Contracting State, or on any product for installation thereon, in accordance with a system approved in the first Contracting State with regard to the performance of the work and its certification, the airworthiness authority of the second Contracting State shall give the same validity to the work performed and the certifications made therefore as if they were made in the second Contracting State, providing the maintenance, alteration or modification to be performed is approved directly or by delegation by the airworthiness authority of the second Contracting State.
  2. The Contracting States may jointly determine which State shall be the State regulating the airworthiness of an aircraft, in the circumstances where an aircraft registered in one Contracting State is operated by an operator in the other Contracting State.

7. Continued Airworthiness

  1. The airworthiness authorities of both Contracting States shall cooperate in analysing airworthiness aspects of accident and incidents occurring on products to which this Agreement applies and which are such as would raise questions concerning the airworthiness of such products.
  2. The exporting authority shall, in respect of products designed or manufactured in that State, accept the responsibility to specify any appropriate action, as it finds necessary to correct any unsafe condition of the type design that may be discovered after the product is placed in service, including any actions in respect of components designed and/or manufactured by a supplier under contract to a prime contractor in its State.
  3. The exporting authority, shall in respect of products designed or manufactured in that State, assist the importing authority in determining any action considered to be necessary by the importing authority for the continued airworthiness of the product.
  4. The airworthiness authorities of each Contracting State shall keep the airworthiness authorities of the other State informed of all mandatory airworthiness modifications, special inspections, special operating limitations, or other actions which it determines are necessary for the continued airworthiness of products designed or manufactured in either State, that have been imported or exported under this Agreement.

8. Mutual Co-operation And Assistance

  1. The exporting authority shall, in respect of products designed or manufactured in that State, 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 the product was originally approved by the exporting authority.
  2. The airworthiness authority of each Contracting State shall ensure that the airworthiness authority of the other Contracting State is kept informed of all relevant airworthiness and environmental laws, regulations, standards, and requirements, and of the airworthiness certification system of their State. The airworthiness authority of each Contracting State shall, to the maximum extent practicable, ensure that the airworthiness authority of the other Contracting State is notified of proposed significant revisions to its standards and system for airworthiness and environmental certification or approval; shall, to the maximum extent practicable, offer the other authority an opportunity to comment; and, shall give due consideration to the comments made by the other authority on the intended revision, insofar as they have an impact on the intent of this bilateral Agreement.
  3. The airworthiness authorities of both Contracting States may agree to variations in procedures in respect to joint projects for products covered by this Agreement.

9. Prevailing 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 Agreement, the interpretation of the importing authority shall prevail.

10. Implementation

  1. This Agreement may be implemented in accordance with procedures and conditions agreed by the airworthiness authorities of each Contracting State and set out in a Schedule of Implementation Procedures. These procedures and conditions shall be within the basis and scope of this Agreement. The airworthiness authorities of both Contracting States shall jointly review these procedures and conditions from time to time and shall amend these procedures and conditions by written agreement as may be necessary to fulfil the intent of this Agreement.
  2. Each Contracting State shall keep the other Contracting State advised as to the identity of its civil airworthiness authority. On the date of this Agreement, the civil airworthiness authority of Canada is the Aviation Regulation Directorate, Aviation Group, Department of Transport; and, on the date of this Agreement, the civil airworthiness authority of the Kingdom of the Netherlands is the Department of Civil Aviation, Ministry of Transport and Public Works.
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