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13124 Finland - Agreement for Promotion of Air Safety


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13124

 

 

AVIATION

Safety

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and FINLAND

 


Signed at Helsinki November 2, 2000

 

 

 


 

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.”

 

FINLAND

Aviation: Safety

Agreement signed at Helsinki November 2, 2000;
Entered into force July 8, 2001.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF FINLAND
FOR PROMOTION OF AIR SAFETY
The Government of the United States of America and the Government of the
Republic of Finland, 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, crewmembers, and flight
operations.
Have agreed as follows:
2
Article I
Purpose
A. The contracting parties agree:
1. 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, crewmembers, 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 Government of 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 Republic of Finland, the Executive Agent shall be the Civil Aviation
Administration, Flight Safety Authority.
3
Article II
Definitions
For the purpose of this Agreement:
A. "Airworthiness Approval"means a fmding that the design or change to a design
of a civil aeronautical product meets standards agreed between the civil aviation
authorities of 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. "Alternatives 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 the civil aviation authority of a contracting party, using standards
agreed between the civil aviation authorities of 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. "Crewmembers" means pilots, flight engineers, flight radio operators, flight
navigators, and flight attendants.
4
F. "Environmental Approval" means a finding that a civil aeronautical product
complies with standards agreed between the civil aviation authorities of 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 civil aviation
authorities of the contracting parties.
G. "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 civil aviation authorities of the contracting
parties, or the finding that it complies with those standards.
H. "Maintenance" means the performance of inspection, overhaul, repair,
preservation, or the replacement of parts, materials, appliances, or components of a
civil aeronautical product to assure the continued airworthiness of that product, but
excludes alterations or modifications.
I. "Monitoring" means the periodic surveillance by the civil aviation authority of a
contracting party to determine continuing compliance with the appropriate
standards.
5
Article III
Scope
A. The civil aviation authorities of the contracting parties shall conduct technical
assessments and work cooperatively to develop an understanding of each others'
standards and systems in the following areas:
1. Airworthiness approvals of civil aeronautical products;
2. Environmental approval and environmental testing;
3. Approval and monitoring of maintenance facilities and alteration and
modification facilities;
4. Approval and monitoring of maintenance personnel and crewmembers;
5. Approval and monitoring of flight operations;
6. Evaluation and qualification of flight simulators; and
7. Approval and monitoring of aviation training establishments.
B. When the civil aviation authorities of the contracting parties agree that the
standards, rules, practices, procedures, and systems of both contracting parties in
one of the technical specialties listed in Paragraph (A) of this Article are sufficiently
equivalent or compatible to permit acceptance of findings of compliance made by
the civil aviation authority of one contracting party for the civil aviation authority of
the other contracting party to the agreed-upon standards, the civil aviation
authorities shall execute written implementation procedures describing the methods
6
by which such reciprocal acceptance shall be made with respect to that technical
specialty.
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. Provisions for accountability;
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.
7
Article IV
Settlement Of Disputes
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.
8
Article V
Entry Into Force, Termination, And Amendment
This agreement shall enter into force thirty (30) days after the contracting parties
have notified each other through diplomatic channels that the procedures necessary
for the entry into force of this Agreement have been completed and shall remain in
force until terminated by either contracting party. Such termination shall be effected
by sixty (60) 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.
9
Article VI
1974 Agreement
The Agreement between the United States of America and Finland concerning the
reciprocal acceptance of certificates of airworthiness for imported civil glider
aircraft and civil aircraft appliances, effected by exchange of notes at Washington
March 7, 1974, shall remain in force until terminated by an exchange of notes
following completion by the civil aviation authorities of the contracting parties of
the technical assessments and implementation procedures concerning airworthiness
certification, as described in Article III. In the event of any inconsistency between
the Agreement of March 7, 1974 and this Agreement, the contracting parties shall
consult.
10
Article VII
Other Agreements
If, after entry into force of the Agreement, the provisions of another agreement that
addresses matters covered by this Agreement become applicable to the contracting
parties, the contracting parties shall consult to determine the extent to which this
Agreement should be revised to take into account the other agreement.
In witness whereof, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
Done at Helsinki , this 2 day of Nov., 2000, in duplicate, in the
English language.
For the Government of For the Government of the
the United States of America: Republic of Finland:



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