Technical arrangement - Joint Aviation Authorities
Technical arrangements on maintenance between Transport Canada, Civil Aviation Directorate, and the full members of the Joint Aviation Authorities (JAA) (Hereafter Called The Parties)
The Parties have agreed to the following arrangement on maintenance matters, which as proposed, should be developed to form part of a Bilateral Airworthiness Agreement between Canada and each Country.
The Parties will work in accordance with the procedures of this arrangement from the date at which it has been signed by the Parties, until such time as a formal Bilateral Agreement is entered into between the Governments of Canada and each Country or until it is revised by mutual agreement of the Parties or replaced by some other Agreement or revoked by one of the Parties.
Any existing Agreement or Technical Arrangement for reciprocal acceptance of airworthiness and environmental approval shall remain in force until such issues contained in such Agreement or Technical Agreement have been superseded by later Agreement(s) or Technical Arrangement(s). In the event of any inconsistency between existing Agreements or Technical Arrangement(s) and this Technical Arrangement, this Technical Arrangement shall prevail.
I - General
The Parties have agreed that the rules, standards, practices, procedures and system for the approval and monitoring of maintenance and of maintenance organisations are sufficiently equivalent to permit the acceptance of each other's maintenance certification system.
Therefore and without prejudice to the obligation of each Party under its own regulations, the purpose of this arrangement is to:
1.1 Avoid the duplication of inspections and evaluations;
1.2 Give the same validity to the other Parties inspection and evaluation findings for the approval of maintenance organisations; and,
1.3 Give the same validity to the other Parties system for the release of civil aeronautical products to service after maintenance.
II - Definitions
Approved by the authority means the approval, acceptance, authorization, certification or licensing of the organisation, person, civil aeronautical product or document either directly or in accordance with a delegation procedure. Civil aeronautical product means any civil aircraft, or aircraft engine, propeller, or sub assembly, appliance, material, part or component to be installed thereon. Maintenance means the performance of inspection, overhaul, repair, preservation, modification and the replacement of parts, materials, appliances, or components of a product to assure the continued airworthiness of that product.
This arrangement applies to:
3.1 The acceptance by one Party of the maintenance, performed under the maintenance system of the other Party on civil aeronautical products;
3.2 The acceptance by one Party of the evaluation and approval of maintenance organisations, performed by the other Party;
3.3 The co-operation and assistance with respect to maintaining the continuing airworthiness of civil aeronautical products;
3.4 The exchange of information regarding maintenance standards and maintenance certification systems; and,
3.5 The co-operation in providing technical evaluations and assistance.
IV - Maintenance Organisation Approval
4.1 Subject to 4.2 each maintenance organisation that agrees to comply with annex 1 and is approved to perform maintenance functions, under the jurisdiction of one Party, will be recognized by the other Party for the performance of the same functions.
4.2 Unless otherwise agreed in a particular case between the Parties the recognition of the maintenance organisation is only valid when the organisation is located within the territory of the Party granting the approval.
V - Maintenance
5.1 Maintenance functions on a civil aeronautical product used for any purpose and regulated by one Party, can be performed and certified by a para 4 maintenance organisation approved by the other Party for those same maintenance functions subject to compliance with para 5.3 when appropriate.
5.2 In the case of a JAA full member Authority with an existing Canadian Agreement or Technical Arrangement for reciprocal acceptance of airworthiness approvals, maintenance functions on a civil aeronautical product used for any purpose other than commercial air transport and regulated by one Party, can also be performed and certified by any person or organisation approved by the other Party for those same maintenance functions subject to compliance with para 5.3 when appropriate.
5.3 In the case of a repair or modification, the design shall have been approved by the Authority having jurisdiction over the civil aeronautical product.
5.4 The certification of maintenance functions, in accordance with para 5.1 or 5.2 as appropriate, in compliance with the maintenance system of one Party will be accepted by the other Party as equivalent to its own, as follows:
- A TC Canadian Aviation Regulations (CAR) 571.10 Maintenance Release and a JAR 145.50 Certificate of Release to Service are deemed equivalent. Note: (CAR 571.10 will replace AM 575.103 on 1996.10.10)
- A TC Form 24-0078 and the JAA Form One are deemed equivalent.
VI - Mutual Co-operation and Technical Assistance
The Parties shall provide information regarding the maintenance and modifications to be performed under the terms of this technical arrangement, and shall develop appropriate publications and circulate these publications through established methods in their respective countries to:
- Inform the public of the terms of this Technical Arrangement;
- Outline the regulatory requirements and special requirements necessary for persons to perform work under the terms of this Technical Arrangement.
6.2 Technical Evaluation Assistance
The Parties agree to provide technical evaluation assistance to each other, upon request, to further the purposes and objectives of this Technical Arrangement. Such areas of assistance may include, but are not limited to:
- Performing surveillance and providing reports regarding continued compliance with the requirements described in this Technical Arrangement by maintenance organisations in each country;
- Conducting and reporting on investigations;
- Obtaining and providing data for reports.
6.3 Exchange of Information
The Parties shall provide each other with complete sets of regulations, policies, guidance, practices and interpretations relevant to this Technical Arrangement, and shall ensure that such documents are updated in a timely manner. In addition, any proposal to amend such documents shall be provided to the other Party for the opportunity to review and comment prior to the amendment being effected.
6.4 Regulations, Policies &Guidelines
The Parties will make arrangements to involve each other in the process used to establish and amend regulations, policies, guidance, practices and interpretations relevant to this Technical Arrangement, including the expanding of the scope of this Technical Arrangement. Such expansion could relate to all aspects of maintenance and maintenance personnel.
6.5 Urgent or Unusual Situations
Where urgent or unusual situations develop which are within the scope of this Technical Arrangement but not specifically addressed, the Parties will review and consult each other, and upon mutual consent, take appropriate action, including amendment to this Technical Arrangement where required.
6.6 Audits and Inspections
The Parties shall by mutual co-operation, allow each other:
- To participate in each other's inspections and audits on a sample basis, and,
- To conduct independent inspections at each other's maintenance facilities to investigate safety issues.
6.7 Notification of Non-Compliance Each Party shall:
- Notify the other Party of unsatisfactory compliance with any regulations or any condition set forth in this Technical Arrangement that impairs the ability of an organisation approved to perform maintenance under the terms of this Technical Arrangement.
- Promptly advise the other Party of any investigations or enforcement action, including revocation, suspension or change of scope in respect of mutually recognized maintenance organisations.
7.1 TC Director of Maintenance &Manufacturing and the JAA Secretary General will be in charge of the administration and implementation of the provisions of this Technical Arrangement.
7.2 The Parties will also advise each other of any significant change to their organisation affecting the administration and implementation of the provisions of this Technical Arrangement, including the identity of the persons identified in para 7.1.
7.3 The Parties will jointly review this Technical Arrangement from time to time and may amend it as appropriate by written agreement.
8.1 Any disagreement regarding the interpretation or application of this Technical Arrangement shall be resolved by consultation, in the following order, between:
- The persons in charge of the implementation of this Technical Arrangement pursuant to 7.1;
- The executive agents (or their successors) who signed this Technical Arrangement.
IX - Entry into Force
This Technical Arrangement shall enter into force upon signature by the executive agents of this Technical Arrangement.
X - Termination
Either Party may at any time give written notice to the other Party of its decision to terminate this Technical Arrangement. This Technical Arrangement shall terminate twelve months following the date of receipt of the notice by the other Party, unless the said notice of termination has been withdrawn by mutual agreement before the expiry of this period.
Recognition Of Maintenance Organisations
The recognition of a para 4 Maintenance Organisation by the other Party will be based upon the following criteria:
- The maintenance organisation should be approved by the Party in whose territory the maintenance organisation is located except as provided otherwise in para 4.2 of the Technical Arrangement.
- The maintenance organisation shall provide a supplement to the organisation's manual/exposition which addresses at least the following issues:
- A commitment statement signed by the current CEO that the organisation will comply with the manual/ exposition and supplement.
- The Parties may access the organisation to check for compliance with requirements.
- In the case of serious non compliance with the regulations or establish standards and, where the Party having jurisdiction over the Maintenance Organisation cannot satisfy the other Party that it took the appropriate enforcement action, the Maintenance Organisation must accept that it may be subjected to the other Party enforcement action in order to maintain its status with that Party.
- That the organisation will comply with the customer work order taking particular note of requested airworthiness directives, modifications, repairs and that any parts used were manufactured or maintained by organisations acceptable to the other Party.
- That the customer has established the appropriate Authority approval of any modifications and repairs.
- That aircraft release procedures allow release against CAR 571.10 or JAR 145.50 and that engines, propellers parts, appliances, etc are released on TC Form 24-0078 or JAA Form One as appropriate. (Note: CAR 571.10 will replace AM 575.103 on 1996.10.10)
- That any civil aeronautical product under the jurisdiction of the other Party found in an unworthy condition will be reported to the other Party and customer.
- The Maintenance Organisation agrees to pay any nominal fee associated with the extra costs incurred by visiting Party audit teams.