Common use of Sharing of In-Service Reports and Information on Malfunctions, Failures, or Defects Clause in Contracts

Sharing of In-Service Reports and Information on Malfunctions, Failures, or Defects. (a) The FAA and EASA agree to perform the following functions for the products, appliances, and parts exported to the other’s jurisdiction: (1) Collecting information on in-service safety events, malfunction/failure/defects, and accident/incidents. (2) Evaluating in-service safety events and malfunction/failure/defect reports and accident/incidents. (3) Investigating and resolving all suspected unsafe conditions. (4) Advising the importing authority of all unsafe conditions and the necessary corrective actions (see paragraph 3.1.4 below). (5) Upon request, when concerning matters of safety for products registered in the importing country, providing the importing authority with the following: (i) Reports of malfunctions, failures, or defects and accidents/incidents; (ii) Status of investigations into malfunctions, failures, or defects and accidents/incidents; (iii) Copies of conclusions reached in its investigation into malfunctions or defects; and (iv) Copies of conclusions reached in investigations into accidents/incidents in accordance with ICAO Annex 13. (6) Making a reasonable effort to resolve issues raised by the importing authority concerning matters of safety for products registered in the importing country. (b) The FAA and EASA agree to perform the following functions: (1) Advising each other of malfunctions or defects and accidents/incidents which are believed to be potentially unsafe conditions occurring on the products and appliances which are imported from the country of the exporting authority. (2) Supporting each other in the investigations of unsafe conditions and their occurrences on the imported aircraft and in the resolution of continued airworthiness issues directly related to an accident or incident in the jurisdiction of either the FAA or EASA. (3) Advising each other, if as a result of investigations made by the importing authority into malfunctions or defects and accidents/incidents and consultations with the other, it has determined that it shall make corrective actions mandatory.