TITLE II: AVIATION SAFETY
Article AVSAF.1: Objectives
The objectives of this Title are to:
(a) enable the reciprocal acceptance, as provided for in the Annexes to this Title, of findings of compliance made and certificates issued by either Party’s competent authorities or approved organisations;
(b) promote cooperation toward a high level of civil aviation safety and environmental compatibility;
(c) facilitate the multinational dimension of the civil aviation industry;
(d) facilitate and promote the free flow of civil aeronautical products and services.
Article AVSAF.2: Definitions
For the purposes of this Title, the following definitions apply:
(a) “approved organisation” means any legal person certified by the competent authority of either Party to exercise privileges related to the scope of this Title;
(b) “certificate” means any approval, licence or other document issued as a form of recognition of compliance that a civil aeronautical product, an organisation or a legal or natural person complies with the applicable requirements set out in laws and regulations of a Party;
(c) “civil aeronautical product” means any civil aircraft, aircraft engine, or aircraft propeller, or subassembly, appliance, part or component, installed or to be installed thereon;
(d) “competent authority” means a Union or government agency or a government entity responsible for civil aviation safety that is designated by a Party for the purposes of this Title to perform the following functions:
(i) to assess the compliance of civil aeronautical products, organisations, facilities, operations and services subject to its oversight with applicable requirements set out in laws, regulations and administrative provisions of that Party;
(ii) to conduct monitoring of their continued compliance with these requirements; and
(iii) to take enforcement actions to ensure their compliance with these requirements;
(e) “findings of compliance” means a determination of compliance with the applicable requirements set out in laws and regulations of a Party as the result of actions such as testing, inspections, qualifications, approvals and monitoring;
(f) “monitoring” means the regular surveillance by a competent authority of a Party to determine continuing compliance with the applicable requirements set out in laws and regulations of that Party;
(g) “technical agent” means, for the Union, the European Union Aviation Safety Agency (“EASA”), or its successor, and for the United Kingdom, the United Kingdom Civil Aviation Authority (“CAA”), or its successor; and
(h) “the Convention” means the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, and includes:
(i) any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by the United Kingdom and the Member State or Member States concerned, as is relevant to the issue in question; and
(ii) any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for the United Kingdom and the Member State or Member States concerned, as is relevant to the issue in question.
Article AVSAF.3: Scope and implementation
1. The Parties may cooperate in the following areas:
(a) airworthiness certificates and monitoring of civil aeronautical products;
(b) environmental certificates and testing of civil aeronautical products;
(c) design and production certificates and monitoring of design and production organisations;
(d) maintenance organisation certificates and monitoring of maintenance organisations;
(e) personnel licensing and training;
(f) flight simulator qualification evaluation;
(g) operation of aircraft;
(h) air traffic management and air navigation services; and
(i) other areas related to aviation safety subject to Annexes to the Convention.
2. The scope of this Title shall be established by way of Annexes covering each area of cooperation set out in paragraph 1.
3. The Specialised Committee on Aviation Safety may only adopt Annexes as referred to in paragraph 2 where each Party has established that the civil aviation standards, rules, practices, procedures and systems of the other Party ensure a sufficiently equivalent level of safety to permit acceptance of findings of compliance made and certificates issued by its competent authorities or by organisations approved by that competent authority.
4. Each Annex referred to in paragraph 2 shall describe the terms, conditions and methods for the reciprocal acceptance of findings of compliance and certificates, and, if necessary, transitional arrangements.
5. The technical agents may develop implementation procedures for each individual Annex. Technical differences between the Parties’ civil aviation standards, rules, practices, procedures and systems shall be addressed in the Annexes referred to in paragraph 2 and implementation procedures.
Article AVSAF.4: General obligations
1. Each Party shall accept findings of compliance made and certificates issued by the other Party’s competent authorities or approved organisations, in accordance with the terms and conditions set out in the Annexes referred to in Article AVSAF.3(2) [Scope and implementation].
2. Nothing in this Title shall entail reciprocal acceptance of the standards or technical regulations of the Parties.
3. Each Party shall ensure that its respective competent authorities remain capable and fulfil their responsibilities under this Title.
Article AVSAF.5: Preservation of regulatory authority
Nothing in this Title shall be construed as limiting the authority of a Party to determine, through its legislative, regulatory and administrative measures, the level of protection it considers appropriate for safety and the environment.
Article AVSAF.6: Safeguard measures
1. Either Party may take all appropriate and immediate measures whenever it considers that there is a reasonable risk that a civil aeronautical product, a service or any activity that falls within the scope of this Title may compromise safety or the environment, may not meet its applicable legislative, regulatory or administrative measures, or may otherwise fail to satisfy a requirement within the scope of the applicable Annex to this Title.
2. Where either Party takes measures pursuant to paragraph 1, it shall inform the other Party in writing within 15 working days of taking such measures, providing reasons therefor.
Article AVSAF.7: Communication
1. The Parties shall designate and notify each other of a contact point for the communication related to the implementation of this Title. All such communications shall be in the English language.
2. The Parties shall notify to each other a list of the competent authorities, and thereafter an updated list each time that becomes necessary.
Article AVSAF.8: Transparency, regulatory cooperation and mutual assistance
1. Each Party shall ensure that the other Party is kept informed of its laws and regulations related to this Title and any significant changes to such laws and regulations.
2. The Parties shall to the extent possible inform each other of their proposed significant revisions of their relevant laws, regulations, standards, and requirements, and of their systems for issuing certificates insofar as these revisions may have an impact on this Title. To the extent possible, they shall offer each other an opportunity to comment on such revisions and give due consideration to such comments.
3. For the purpose of investigating and resolving specific safety issues, each Party’s competent authorities may allow the other Party’s competent authorities to participate as observers in each other’s oversight activities as specified in the applicable Annex to this Title.
4. For the purpose of monitoring and inspections, each Party’s competent authorities shall assist, if necessary, the other Party’s competent authorities with the objective of providing unimpeded access to regulated entities subject to its oversight.
5. To ensure the continued confidence by each Party in the reliability of the other Party’s processes for findings of compliance, each technical agent may participate as an observer in the other’s oversight activities, in accordance with procedures set out in the Annexes to this Title. That participation shall not amount to a systematic participation in oversight activity of the other Party.
Article AVSAF.9: Exchange of safety information
The Parties shall, without prejudice to Article AVSAF.11 [Confidentiality and protection of data and information] and subject to their applicable legislation:
(a) provide each other, on request and in a timely manner, with information available to their technical agents related to accidents, serious incidents or occurrences in relation to civil aeronautical products, services or activities covered by the Annexes to this Title; and
(b) exchange other safety information as the technical agents may agree. Article AVSAF.10: Cooperation in enforcement activities
The Parties shall, through their technical agents or competent authorities, provide when requested, subject to applicable laws and regulations, as well as to the availability of required resources, mutual cooperation and assistance in investigations or enforcement activities regarding any alleged or suspected violation of laws or regulations falling within the scope of this Title. In addition, each Party shall promptly notify the other Party of any investigation when mutual interests are involved.
Article AVSAF.11: Confidentiality and protection of data and information
1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of data and information received from the other Party under this Title. Such data and information may only be used by the Party receiving the data and information for the purposes of this Title.
2. In particular, subject to their respective laws and regulations, the Parties shall neither disclose to a third party, including the public, nor permit their competent authorities to disclose to a third party, including the public, any data and information received from the other Party under this Title that constitutes trade secrets, intellectual property, confidential commercial or financial information, proprietary data, or information that relates to an ongoing investigation. To that end, such data and information shall be considered to be confidential.
3. A Party or a competent authority of a Party may, upon providing data or information to the other Party or a competent authority of the other Party, designate data or information that it considers to be confidential and not to be subject to disclosure. In that case, the Party or its competent authority shall clearly mark such data or information as confidential.
4. If a Party disagrees with the designation made by the other Party or a competent authority of that Party in accordance with paragraph 3, the former Party may request consultations with the other Party to address the issue.
5. Each Party shall take all reasonable precautions necessary to protect data and information, received under this Title, from unauthorised disclosure.
6. The Party receiving data and information from the other Party under this Title shall not acquire any proprietary rights on such data and information by reason of its receipt from the other Party.
Article AVSAF.12: Adoption and amendments of Annexes to this Title
The Specialised Committee on Aviation Safety may amend ANNEX AVSAF-1 [Airworthiness and Environment Certification] to this Title, adopt or amend Annexes as provided for in Article AVSAF.3(2) [Scope and implementation] and delete any Annex.
Article AVSAF.13: Cost recovery
Each Party shall endeavour to ensure that any fees or charges imposed by a Party or its technical agent on a legal or natural person whose activities are covered by this Title shall be just, reasonable and commensurate with the services provided, and shall not create a barrier to trade.
Article AVSAF.14: Other agreements and prior arrangements
1. Upon entry into force of this Agreement, this Title shall supersede any bilateral aviation safety agreements or arrangements between the United Kingdom and the Member States with respect to any matter covered by this Title that has been implemented in accordance with Article AVSAF.3 [Scope and implementation].
2. The technical agents shall take necessary measures to revise or terminate, as appropriate, prior arrangements between them.
3. Subject to paragraphs 1 and 2, nothing in this Title shall affect the rights and obligations of the Parties under any other international agreements.
Article AVSAF.15: Suspension of reciprocal acceptance obligations
1. A Party shall have the right to suspend, in whole or in part, its acceptance obligations under paragraph 1 of Article AVSAF.4 [General obligations], when the other Party materially violates its obligations under this Title.
2. Before exercising its right to suspend its acceptance obligations, a Party shall request consultations for the purpose of seeking corrective measures of the other Party. During the consultations, the Parties shall, where appropriate, consider the effects of the suspension.
3. Rights under this Article shall be exercised only if the other Party fails to take corrective measures within an appropriate period of time following the consultations. If a Party exercises a right under this Article, it shall notify the other Party of its intention to suspend the acceptance obligations in writing and detail the reasons for suspension.
4. Such suspension shall take effect 30 days after the date of the notification, unless, prior to the end of that period, the Party which initiated the suspension notifies the other Party in writing that it is withdrawing its notification.
5. Such suspension shall not affect the validity of findings of compliance made and certificates issued by the competent authorities or approved organisations of the other Party prior to the date the suspension took effect. Any such suspension that has become effective may be rescinded immediately upon an exchange of diplomatic notes to that effect by the Parties.
Article AVSAF.16: Termination of this Title
Without prejudice to Article FINPROV.8 [Termination], Article OTH.10 [Termination of Part Two] and Article FISH.17 [Termination], each Party may at any moment terminate this Title, by written notification through diplomatic channels. In that event, this Title shall cease to be in force on the first day of the ninth month following the date of notification.