IP Made Simple… (sort of…)

IP Made Simple…(sort of…) Understanding the US/EC Airworthiness Agreement(Part 2 - The Implementation Procedures) U.S-EU Feedback Forum

Overview • The New U.S./EC picture • Structure of the Implementation Procedures • Content • General, but important… • What's new…

Technical Implementation Procedures The Technical Implementation Procedures for Airworthiness and Environmental Certification (IP) are the third level of the agreement between the European Community and the United States • Executive Agreement • Annex • Technical implementation procedures • These IP are binding for: • The FAA and EASA, • The NAA where referenced in the Agreement and Airworthiness Annex.

EU MS 1 EU MS 5 EU MS 2 EU MS 4 FAA EU MS 3 EASA Scope Asymetrical Arrangement (1) Only one set of rules and procedures govern products from the US to all 25 EU Member States and EASA.

Scope Asymetrical Arrangement (2) EU MS 4 Same rules and procedures apply for EASA and qualified Member States (within the scope of EASA design accreditation and per the Annex 1 Appendix.) i.e. FAA’s prior bilateral partners may have different design privileges than in the past. EU MS 1 EU MS 2 EU MS… FAA EU MS 3 EU MS 25 EASA

Approach • Build on the experience acquired with current BASA IPAs • Improve practical aspects based on experience • Increase recognition and privileges in a pragmatic "step-by-step" approach: "Existing reciprocal acceptance plus"

Structure of the IP Sections • General • Design approval procedures • Post design approval procedures • Administration of design approvals • Export airworthiness procedures • Technical assistance • Further working arrangements

Appendices A. List of addresses for EASA and FAA B. Coverage of certain prior bilateral agreements (pre-2007) between the US and EU Member States C. FAA and EASA recognised standards D. FAA/EASA Type Validation and Post Type Validation Procedures E. List of Acronyms

1. General… but important ! 1.1 Communication Clearly identified mechanisms for communication 1.1.1 Changes in systems 1.1.2 Communication (language) 1.1.3 Technical consultations  1.1.4 Interpretation and resolution of conflicts 1.1.5 Communications involving Designees 1.1.6 Split State of Design/State of Manufacture projects through working arrangements 

Confidence Building… 1.2 Type Certification Standardization Confidence Building Process  • To address the (few) TC projects which are still allocated to NAAs 1.3 Confidence Building Process for Environmental Certification • Opening the path to some future reciprocal acceptance of findings in the field of environmental certification.

Certification Oversight Board 1.4 Certification Oversight Board  The body (replacing the CMT) in charge of managing and expanding the IP. • Regular sessions including "industry sessions" • Cooperation in quality assurance and standardisation • Management of US recognition of EU Member States

General… continued 1.5 Applicable Requirements, Procedures, and Guidance Material • Lists applicable FARs and certification specifications 1.6 Definitions • One set of definitions specific to all activities covered under this IP.

2. Design Approval Procedures • General application processes for all design approvals (para. 2.0.9)  • Other requirements specific to a particular design approval (e.g. TC, STC data package) • Principle is that all applications are transmitted through FAA or EASA first as applicable

2. Design Approval Procedures • Type Validation Principles (TVP) updated to reflect new concept of Joint Certification.  • New concept, based on validation and technical assistance, to suit the needs of the industry when involved in a cooperative project where industrial partners are responsible for design and production of significant components of a product. VA acts on behalf of the CA for these components.

STCs • Where the scope of acceptance is the most asymetrical • EU accepts all US STCs irrespective of State of Design (SoD) of product, • US accepts: • EU STC on EU SoD products, • EU STC on foreign SoD products after confidence building exercises  • Continuation of those accepted today (Germany) • Basic STCs accepted with some exceptions • Commitment to extend the confidence building as more complex projects arrive for EASA approval • Fast track process for Basic STCs according to TVP (Appendix D § 6).

AFM and Operational Suitability Approvals  • AFM signature delegations are more clearly identified  • Revisions are removed from PTVP design change classifications. • Cooperation on operational evaluation and maintenance review boards. 

TSO and ETSO Appliances • Simple validation process--building on successful experience. • Expanded to include acceptance of findings of compliance for non-(E)TSO functions when included in a TSO appliance.  • Detailed guidance for ETSOA on APU. 

Aeronautical Databases  • Acceptance of FAA/EASA Letters of Acceptance for data suppliers.  • IP also lists those communications, navigation, and surveillance standards that are considered equivalent by both authorities (Appendix C). 

PMA Parts • Building on past acceptance • FAA PMA parts automatically accepted, except PMA on critical components, outside of a licensing agreement with the OEM. • Such critical component PMA parts will continue to require EASA STC approval. • FAA and EASA continue to discuss the policy required to strengthen FAA’s technical investigation of critical PMA components so that in the future EASA would be able to accept critical PMA.

Procedures for Environmental Testing • IP provides that environmental "test witnessing and other functions" may be delegated to the other authority. • Confidence building process is planned to broaden acceptance to environmental findings in the future. 

3. Post Design Approval Procedures 3.1 Continued Airworthiness 3.2 Design Changes 3.3 Repair Data 3.4 Design Support for Production Based on a Licensing Agreement

Continued Airworthiness (Post TC) • Routine sharing of data and structured processes for feedback. • Consultation in cases where the importing authority would unilaterally publish an AD • Sharing manual changes that affect airworthiness or operating limitations, life limits, etc.  • Addresses Alternative Means of Compliance (AMOCs) of general applicability to streamline their recognition, e.g. automatic EASA recognition of FAA AMOC. 

Design Changes (Post TC) • SYSTEMS are being accepted—applicable classifications are those of the exporting authority. • All minor design changes are automatically accepted from each other’s systems. • Major design changes by TC /STC holder are accepted according to Post TVP. • Level 1 Major, Level 2, etc. • Major design changes by another person than the TC/STC holder should be handled as STCs.

Design Changes (Post TC) • FAA alterations are accepted for used aircraft imported in EU (except for alterations on critical components).

Repair Data (Post TC) Streamlining of Reciprocal Acceptance  • Automatic acceptance of all repair data (minor/major) regardless of the State of Design of the product from: • TC/STC holder, or • third party except repair data on critical components. • Fast track process for EASA validation of critical component major repair data when the FAA can confirm that the third party has entered into an arrangement with the TC /STC holder for this data.

Post-Design Approval Airworthiness Acceptance FAA review of Major Level 1 changes, critical component repairs FAA and EASA Acceptance of Post-Design Approvals without additional review EASA review of Major Level 1 changes, critical component PMA, repair data, and alterations

4. Administration of Design Approvals • This section contains procedural guidance for: • Transfer of certificates and approvals • Surrenders or withdrawals of certificates and approvals • Expectation is early notice/communication from holder and authority.

5. Export Airworthiness Certification • Introduces requirement for an EASA Export Certificate of Airworthiness  • Certifying statements for export • New products and parts and used aircraft • Subject to a prototype demonstration with individual Member States, EASA Form 1 for new parts will be recognized in the US system.  • Information on aircraft noise and engine emission levels  • Coordination of exceptions when issuing either: • an Export Certificate of Airworthiness OR • Authorized Release Cert. (Form 1 or 8130-3) 

Used Aircraft • All scenarios addressed in the text, e.g. EU aircraft, US aircraft, third country aircraft. • Consultation if the used aircraft had military service history.  • Acceptance without further review of: • All repair data (including on critical components) on used aircraft imported from the other’s system.  • FAA alterations (except those on critical components) on used aircraft imported from the United States.  • FAA is willing to streamline further the issuance of U.S. standard certificate of airworthiness, based on EASA Export Certificate.  • Grandfathered such acceptance from Germany and UK

Technical Assistance • Complete provisions for technical assistance to be provided to each other: • In support of certification (test witnessing, compliance findings, etc.), • Conformity and surveillance support, • Airworthiness certification support. • Requests for release of proprietary data and public access to information

Further Working Arrangements • Similar to current bilaterals, additional working arrangements may be developed for specific cases. • e.g. joint certification projects, extensive technical assistance, split SoD/SoM products, etc.

All things have an end… Thanks for listening Any questions ?

IP Made Simple… (sort of…)