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13064 Spain - Agreement for the Promotion of Aviation Safety


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13064

 

 

AVIATION

Safety

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and SPAIN

 


Signed at Washington September 23, 1999

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

SPAIN

Aviation: Safety

Agreement signed at Washington September 23, 1999;
Entered into force September 23, 1999.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE KINGDOM OF SPAIN
FOR PROMOTION OF AVIATION SAFETY
The Government of the United States of America and the
Government of the Kingdom of Spain, hereinafter referred to as
the Contracting Parties,
Desiring to promote aviation safety and environmental
quality,
Noting common concerns for the safe operation of civil
aircraft,
Recognizing the emerging trend toward multinational
design, production, and interchange of civil aeronautical
products,
Desiring to enhance cooperation and increase efficiency in
matters relating to civil aviation safety,
Considering the possible reduction of the economic burden
imposed on the aviation industry and operators by redundant
technical inspections, evaluations, and testing,
Recognizing the mutual benefit of improved procedures for
the reciprocal acceptance of airworthiness approvals,
environmental testing, and development of reciprocal
recognition procedures for approval and monitoring of flight
simulators, aircraft maintenance facilities, maintenance
personnel, airmen, and flight operations,
Have agreed as follows:
-2-
ARTICLE I
A. The Contracting Parties agree:
l. To facilitate acceptance by each Contracting Party of
the other Party's (a) airworthiness approvals and
environmental testing and approval of civil aeronautical
products, and (b) qualification evaluations of flight
simulators;
2. To facilitate acceptance by the Contracting Parties of
the approvals and monitoring of maintenance facilities and
alteration or modification facilities, maintenance personnel,
airmen, aviation training establishments, and flight
operations of the other Party;
3. To provide for cooperation in sustaining an equivalent
level of safety and environmental objectives with respect to
aviation safety. ;
B. Each Contracting Party shall designate its civil aviation
authority as the executive agent to implement this Agreement.
For the United States of America, the executive agent shall be
the Federal Aviation Administration (FAA) of the Department of
Transportation. For the Government of the Kingdom of Spain,
the executive agent shall be the Directorate General of Civil
Aviation (DGCA).
ARTICLE II
For the purposes of this Agreement:
A. "Airworthiness approval" means a finding that the design or
change to a design of a civil aeronautical product meets
standards agreed between the Contracting Parties or that a
product conforms to a design that has been found to meet those
standards, and is in a condition for safe operation.
B. "Alterations or modifications" means making a change to the
construction, configuration, performance, environmental
characteristics, or operating limitations of the affected civil
aeronautical product.
C. "Approval of flight operations" means the technical
inspections and evaluations conducted by a Contracting Party,
using standards agreed between the Parties, of an entity
providing commercial air transportation of passengers or cargo,
or the finding that the entity complies with those standards.
D. "Civil aeronautical product" means any civil aircraft,
aircraft engine, or propeller or subassembly, appliance,
material, part, or component to be installed thereon.
E. "Environmental approval" means a finding that a civil
aeronautical product complies with standards agreed between the
Contracting Parties concerning noise and/or exhaust emissions.
"Environmental testing" means a process by which a civil
aeronautical product is evaluated for compliance with those

standards, using procedures agreed between the Contracting
Parties.
-3-
F. "Flight simulator qualification evaluations" means the
process by which a flight simulator is assessed by comparison
to the aircraft it simulates, in accordance with standards
agreed between the Contracting Parties, or the finding that it
complies with those standards.
G. "Maintenance" means the performance of inspection,
overhaul, repair, preservation, and the replacement of parts,
materials, appliances, or components of a product to assure the
continued airworthiness of that product, but excludes
alterations or modifications.
H. "Monitoring" means the periodic surveillance by a
Contracting Party's civil aviation authority to determine
continuing compliance with the appropriate standards.
ARTICLE III
A. The Contracting Parties' civil aviation authorities shall
conduct technical assessments and work cooperatively to develop
an understanding of each other's standards and systems in the
following areas:
1. Airworthiness approvals of civil aeronautical
products;
2. Environmental approval and environmental testing;
3. Approval of maintenance facilities, maintenance
personnel, and airmen;
4. Approval of flight operations;
5. Evaluation and qualification of flight simulators; and
6. Approval of aviation training establishments.
B. When the civil aviation authorities of the Contracting
Parties agree that their respective standards, rules,
practices, procedures, and systems relative to one of the
technical specialties listed in paragraph (A) of this Article
are sufficiently equivalent or compatible to permit each to
accept findings of the other concerning compliance with the
agreed-upon standards, the civil aviation authorities shall
execute written Implementation Procedures describing the
methods by which such reciprocal acceptance shall be made with
C. The Implementation Procedures shall include at a minimum:
1. Definitions;
2. A description of the scope of the particular area of
civil aviation to be addressed;
3. Provisions for reciprocal acceptance of civil aviation
authority actions such as test witnessing, inspections,
qualifications, approvals, and certifications;
4. Accountability;

respect to that technical specialty.
-4-
5. Provisions for mutual cooperation and technical
assistance;
6. Provisions for periodic evaluations; and
7. Provisions for amendments to or termination of the
Implementation Procedures.
ARTICLE IV
Any disagreement regarding the interpretation or
application of this Agreement or its Implementation Procedures
shall be resolved by consultation between the Contracting
Parties or their civil aviation authorities, respectively.
ARTICLE V
This Agreement shall enter into force upon signature and
shall remain in force until terminated by either Contracting
Party. Such termination shall be effected by sixty days'
written notification to the other Contracting Party. Such
termination will also act to terminate all existing
Implementation Procedures executed in accordance with this
Agreement. This Agreement may be amended by the written
agreement of the Contracting Parties. Individual
Implementation Procedures may be terminated or amended by the
civil aviation authorities.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.
DONE at Washington, this 23rd day of September, in
duplicate, each in the English and Spanish languages, both
texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF
UNITED STATES OF AMERICA: THE KINGDOM OF SPAIN:
NOTE: Year this agreement done is 1999.



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