Common use of Export Airworthiness Certification Clause in Contracts

Export Airworthiness Certification. 3.5.1. Each Party's Technical Agent or, where applicable, the Aviation Authorities, shall reciprocally accept the other Party's certifications of airworthiness for all products when a product is exported from one Party's regulatory jurisdiction to the other Party's regulatory jurisdiction with the appropriate airworthiness certification. The Technical Agents and, where applicable, the Aviation Authorities or appropriately approved organisations, shall issue the following airworthiness documentation with each export: (a) An Export Certificate of Airworthiness for a new or used aircraft, as defined in the technical implementation procedures; (b) Either an Export Certificate of Airworthiness or an Authorized Release Certificate for a new aircraft engine or propeller; (c) An Authorized Release Certificate for a new part or appliance. 3.5.2. For new products, the Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall certify, by the issuance of a specific airworthiness export document, that an aircraft, aircraft engine, propeller, part or appliance: (a) Conforms to a design approved by the importing Technical Agent and specified in the type certificate data sheet or other design approval, including any additional supplemental type certificates; (b) Is in a condition for safe operation, including compliance with any Airworthiness Directives (if applicable) or Safety Information Notice as notified by the importing Technical Agent, and any mandatory safety actions (if applicable) concerning production or maintenance as notified by the relevant importing Aviation Authority; (c) Has undergone a final operational check, if applicable; (d) Is appropriately marked or identified in accordance with the requirements of the importing Technical Agent; (e) Meets all additional requirements prescribed and notified by the importing Technical Agent, and (f) For a rebuilt aircraft engine, that the engine has been rebuilt by the engine's manufacturer. 3.5.3. The Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall also accept a used civil aircraft for either standard or special/restricted airworthiness certification only if a type certificate or European restricted type certificate holder exists to support continued airworthiness of the aircraft and when the other Party's Technical Agent or Aviation Authority certifies that the aircraft: (a) has been properly maintained during its service life (as evidenced by appropriate maintenance records), and (b) meets the requirements of paragraph 3.5.2(a) through (e). The inspection and maintenance records to accompany a used aircraft are detailed in the technical implementation procedures. 3.5.4. All airworthiness documentation shall contain appropriate certifying statements, as specified in the technical implementation procedures. 3.5.5. If, in the process of making an airworthiness certification, the exporting Technical Agent or Aviation Authority is unable to satisfy all of the requirements specified in paragraph 3.5.2 (a)-(f) or 3.5.3, the exporting Technical Agent or Aviation Authority shall; (a) Immediately notify the importing Technical Agent or Aviation Authority of this fact; (b) Coordinate, with the importing Technical Agent or Aviation Authority as specified in the technical implementation procedures, their acceptance or rejection of the exceptions to the requirements prior to completing the airworthiness certification; and (c) Document any accepted exceptions when exporting the product. 3.5.6. In addition to the products listed in Appendix to this Annex, the FAA shall continue to accept products that were included in the scope of a bilateral agreement related to airworthiness listed in Attachment 1 of the Agreement that conform to an FAA-approved design provided that they were manufactured and issued an appropriate airworthiness certification prior to the date of entry into force of this Agreement. 3.5.7. The European Community shall not require the specific marking European Parts Approval (EPA) for parts imported from the United States except where EASA is acting as the State of Design.

Export Airworthiness Certification. 3.5.1. Each Party's ’s Technical Agent or, where applicable, the Aviation Authorities, shall reciprocally accept the other Party's ’s certifications of airworthiness for all products when a product is exported from one Party's ’s regulatory jurisdiction to the other Party's ’s regulatory jurisdiction with the appropriate airworthiness certification. The Technical Agents and, where applicable, the Aviation Authorities or appropriately approved organisations, shall issue the following airworthiness documentation with each export: (a) An an Export Certificate of Airworthiness for a new or used aircraft, as defined in the technical implementation procedures; (b) Either either an Export Certificate of Airworthiness or an Authorized Authorised Release Certificate for a new aircraft engine or propeller; (c) An Authorized an Authorised Release Certificate for a new part or appliance. 3.5.2. For new products, the Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall certify, by the issuance of a specific airworthiness export document, that an aircraft, aircraft engine, propeller, part or appliance: (a) Conforms conforms to a design approved by the importing Technical Agent and specified in the type certificate data sheet or other design approval, including any additional supplemental type certificates; (b) Is is in a condition for safe operation, including compliance with any Airworthiness Directives (if applicable) or Safety Information Notice as notified by the importing Technical Agent, and any mandatory safety actions (if applicable) concerning production or maintenance as notified by the relevant importing Aviation Authority; (c) Has has undergone a final operational check, if applicable; (d) Is is appropriately marked or identified in accordance with the requirements of the importing Technical Agent; (e) Meets meets all additional requirements prescribed and notified by the importing Technical Agent, ; and (f) For for a rebuilt aircraft engine, that the engine has been rebuilt by the engine's ’s manufacturer. 3.5.3. The Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall also accept a used civil aircraft for either standard or special/restricted airworthiness certification only if a type certificate or European restricted type certificate holder exists to support continued airworthiness of the aircraft and when the other Party's ’s Technical Agent or Aviation Authority certifies that the aircraft: (a) has been properly maintained during its service life (as evidenced by appropriate maintenance records), ; and (b) meets the requirements of paragraph 3.5.2(a) through (e). The inspection and maintenance records to accompany a used aircraft are detailed in the technical implementation implemen­ tation procedures. 3.5.4. All airworthiness documentation shall contain appropriate certifying statements, as specified in the technical implementation procedures. 3.5.5. If, in the process of making an airworthiness certification, the exporting Technical Agent or Aviation Authority is unable to satisfy all of the requirements specified in paragraph 3.5.2 (a)-(f) or 3.5.3, the exporting Technical Agent or Aviation Authority shall;: (a) Immediately immediately notify the importing Technical Agent or Aviation Authority of this fact; (b) Coordinatecoordinate, with the importing Technical Agent or Aviation Authority as specified in the technical implementation imple­ mentation procedures, their acceptance or rejection of the exceptions to the requirements prior to completing the airworthiness certification; and (c) Document document any accepted exceptions when exporting the product. 3.5.6. In addition to the products listed in Appendix to this Annex, the FAA shall continue to accept products that were included in the scope of a bilateral agreement related to airworthiness listed in Attachment 1 of the Agreement that conform to an FAA-approved design provided that they were manufactured and issued an appropriate airworthiness certification prior to the date of entry into force of this Agreement. 3.5.7. The European Community shall not require the specific marking European Parts Approval (EPA) for parts imported from the United States except where EASA is acting as the State of Design.

Export Airworthiness Certification. 3.5.1. Each Party's ’s Technical Agent or, where applicable, the Aviation Authorities, shall reciprocally accept the other Party's ’s certifications of airworthiness for all products when a product is exported from one Party's ’s regulatory jurisdiction to the other Party's ’s regulatory jurisdiction with the appropriate airworthiness certification. The Technical Agents and, where applicable, the Aviation Authorities or appropriately approved organisations, shall issue the following airworthiness documentation documen­ tation with each export: (a) An an Export Certificate of Airworthiness for a new or used aircraft, as defined in the technical implementation procedures; (b) Either either an Export Certificate of Airworthiness or an Authorized Authorised Release Certificate for a new aircraft engine or propeller; (c) An Authorized an Authorised Release Certificate for a new part or appliance. 3.5.2. For new products, the Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriateappro­ priate) shall certify, by the issuance of a specific airworthiness export document, that an aircraft, aircraft engine, propeller, part or appliance: (a) Conforms conforms to a design approved by the importing Technical Agent and specified in the type certificate data sheet or other design approval, including any additional supplemental type certificates; (b) Is is in a condition for safe operation, including compliance with any Airworthiness Directives (if applicable) or Safety Information Notice as notified by the importing Technical Agent, and any mandatory safety actions (if applicable) concerning production or maintenance as notified by the relevant importing Aviation Authority; (c) Has has undergone a final operational check, if applicable; (d) Is is appropriately marked or identified in accordance with the requirements of the importing Technical Agent; (e) Meets meets all additional requirements prescribed and notified by the importing Technical Agent, ; and (f) For for a rebuilt aircraft engine, that the engine has been rebuilt by the engine's ’s manufacturer. 3.5.3. The Technical Agents or the Aviation Authorities identified in Appendix (or their designated regulated entities when appropriate) shall also accept a used civil aircraft for either standard or special/restricted airworthiness certification only if a type certificate or European restricted type certificate holder certifi­ xxxx xxxxxx exists to support continued airworthiness of the aircraft and when the other Party's ’s Technical Agent or Aviation Authority certifies that the aircraft: (a) has been properly maintained during its service life (as evidenced by appropriate maintenance records), ; and (b) meets the requirements of paragraph 3.5.2(a) through (e). The inspection and maintenance records to accompany a used aircraft are detailed in the technical implementation procedures. 3.5.4. All airworthiness documentation shall contain appropriate certifying statements, as specified in the technical implementation procedures. 3.5.5. If, in the process of making an airworthiness certification, the exporting Technical Agent or Aviation Authority is unable to satisfy all of the requirements specified in paragraph 3.5.2 (a)-(f) or 3.5.3, the exporting Technical Agent or Aviation Authority shall;: (a) Immediately immediately notify the importing Technical Agent or Aviation Authority of this fact; (b) Coordinatecoordinate, with the importing Technical Agent or Aviation Authority as specified in the technical implementation procedures, their acceptance or rejection of the exceptions to the requirements prior to completing the airworthiness certification; and (c) Document document any accepted exceptions when exporting the product. 3.5.6. In addition to the products listed in Appendix to this Annex, the FAA shall continue to accept products that were included in the scope of a bilateral agreement related to airworthiness listed in Attachment 1 of the Agreement that conform to an FAA-approved design provided that they were manufactured and issued an appropriate airworthiness certification prior to the date of entry into force of this Agreement. 3.5.7. The European Community shall not require the specific marking European Parts Approval (EPA) for parts imported from the United States except where EASA is acting as the State of Design.