Poland

Bilateral Airworthiness Understanding

Between

The Canadian Air Transportation Administration

And

The Central Administration Of Civil Aviation Of The Polish People's Republic

  1. This Understanding applies to those civil aeronautical products and components which are certificated or approved by the exporting and importing States.
  2.  
    1. 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 3 of this Understanding, or with applicable laws, regulations and requirements of importing State, as notified by the importing State as being applicable in the particular case, the importing State shall give the same validity to the certification as if the certification had been made by its own competent aeronautical authorities in accordance with its own applicable laws, regulations and requirements.
    2. In the case of component which is produced in the exporting State for export and use on a product which is or may be certificated or approved in the importing State, if the competent aeronautical authorities of the exporting State certify that the component conforms to the applicable design data and meets the applicable test and quality control requirements which have been notified by the importing State to the exporting State, the importing State shall give the same validity to the certification as if the certification had been made by its own competent aeronautical authorities in accordance with its own applicable laws, regulations and requirements.
    3. Subparagraph 2 (b) shall apply only 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 apply also in those instances where, in the judgement 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.
  3. The competent aeronautical 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 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 and shall promptly advise the competent aeronautical authorities of the importing State of any such additional requirements.
  4. The competent aeronautical authorities of each State shall keep the competent aeronautical authorities of the other 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 Understanding applies. The exporting State will provide to the importing State all information that is essential to the continuing safe operation of the products, including any necessary information on modifications or inspections, within 72 hours of the information becoming available to the exporting State.
  5. 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.
  6. The competent aeronautical authorities of each State shall keep the competent aeronautical authorities of the other State currently informed of all relevant laws, regulations and requirements in their State.
  7. In the case of differences in or interpretations of the laws, regulations or requirements pertaining to certifications or approvals under this Understanding the laws, regulations or requirements, or their interpretation shall be that of the importing State after mutual consultations, if necessary, of the aeronautical authorities of both States.
  8. For the purpose of this Understanding:
    1. "Products" means aircraft, engines, propellers and appliance;
    2. "Component" means any material, part or subassembly not covered in (b), (c), (d), or (e) for use civil aircraft, engines, propellers or appliances;
    3. "Produced in one State" means that the product or component as a whole is fabricated in the exporting State; except that components of a product fabricated in a State with which importing State does not have a relevant bilateral airworthiness understanding may be used when approval is granted by the importing State, which will be done on a case-by-case basis;
    4. "Designed in one of the States" means that the product or component is designed in the exporting State or the exporting State in the possession of documentation and bears the exclusive responsibility for design control;
    5. "Applicable laws, regulations and requirements" means:
      1. those airworthiness laws, regulations and requirements which are effective on the date manufacturer applies for certification of the product in the importing State, or,
      2. for products currently in productions, 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 State or those airworthiness requirements of the importing State applicable to a similar product certificated to airworthiness requirements of the same date.
    6. "Competent aeronautical authorities" means the authorities which according to the laws of the State concerned have the responsibility for airworthiness certification of civil aeronautical products and components.
  9. The competent aeronautical authorities of each State shall make such mutual arrangements in respect of procedures as they deem necessary to implement this Understanding, and to ensure that redundant certification, testing and analysis are avoided.
  10. The aeronautical authorities of each State shall assist the aeronautical authorities of the other State in obtaining visiting privileges to each other's manufacturing facilities if, airworthiness difficulties arise during the operation of the exporting State's products in the importing State.
  11. Either Contracting Party shall keep the other Contracting Party advised as to the identity of its competent aeronautical authorities.
  12. Either Contracting Party may terminate this Understanding after giving not less than six months written notice of that intention to the other Party.
  13. This Understanding comes into force on the day of signature.
  14. Done at Warsaw on this 3rd day of October, 1979 in duplicate, in the English, French and Polish languages, both texts being equally authentic.
Date modified: