The Civil Aeronautics Administration (CAA) in Taipei and the
European Aviation Safety Agency (EASA) in Cologne hereinafter
referred to as the “Authorities”,
Considering the common interest of CAA and EASA to preserve
aviation safety and environmental compatibility,
Willing to reduce the economic burden imposed on the aviation
industry by redundant technical inspections, evaluations and
testing,
Being entitled by their respective constituting acts to conclude
Working Arrangements in their field of competence,
Have agreed the present Working Arrangement:
1. PURPOSE AND SCOPE
1.1 This Working Arrangement defines the working relationship
between CAA and EASA to facilitate and accomplish the CAA
validation of certificates issued by EASA on civil aviation
products (aircraft, engines and propellers) and parts and
appliances, for which EASA carries out on behalf its Member
States the functions and tasks of the State of Design.
1.2 This Working Arrangement applies to the validation of EASA
certificates on civil aviation products and parts and
appliances.
1.3.This Working Arrangement does not in any way affect the
legal responsibilities that CAA and EASA respectively have
under international, EU and/or national law. The final
validation decision will be entirely the sovereign
responsibility of CAA.
2. OBJECTIVES
This Working Arrangement intends to accomplish the following
objectives:
2.1 To define the working procedures under the respective
responsibilities of each authority:
a) for the type certificate validation process;
b) for subsequent post type certificate validation
activities;
c) for the validation of Supplemental Type Certificates (STC);
d) for the validation of parts and appliances;
e) for the validation of EASA-European Technical Standard
Order Authorization (ETSOA) design approval.
2.2 To co-operate on ensur ing the continued airworthiness of
civil aviation products and parts and appliances covered by
this Working Arrangement.
3. COMMUNICATION
3.1 The CAA Flight Standards Division and the EASA Certification
Directorate, being the product certification authority, will
be responsible for the implementation of this Working
Arrangement.
3.2 A focal point will be assigned by each Authority to
facilitate the implementation of this Working Arrangement.
All routine communication will take place between these
focal points (see Appendix). The list of focal points will
be amended as agreed by the authorities, by exchange of
letters.
3.3 All communications between the Authorities related to the
activities of this Working Arrangement will be made in
English language.
3.4 Unless otherwise specified, EASA shall be copied with all
correspondence between the applicant and CAA related to the
activities of the considered project conducted under the
provisions of this Working Arrangement in order for EASA to
support the applicant and the CAA where necessary pursuant
to this Working Arrangement.
4. TYPE-CERTIFICATE VALIDATION PROCESS
4.1 Application
EASA will forward the application for validation and related
information to CAA.
4.2 Type Certificate Validation
4.2.1 EASA will assist the CAA in getting familiarised with the
design of the product, including environmental protection,
with the assistance of the EASA Type Certificate(TC)
holders (applicant) and explain in particular the reasons
for possible EASA special conditions and equivalent safety
findings, as well as the process followed for their
adoption.
4.2.2 CAA will establish a certification basis for the product
as including the EASA type certification basis plus any
additional technical conditions imposed by the CAA in
order to comply with CAA requirements. The CAA will define
these additional technical conditions on a case-by-case
basis. CAA will notify in writing both EASA and the
applicant of any additional technical conditions necessary
for the CAA type validation.
4.2.3 The CAA will accept the findings and approvals of EASA,
unless notified formally as subjects to be retained
against additional technical conditions defined under
4.2.2.
4.2.4 The CAA will assist EASA in understanding and applying its
additional technical conditions. Subject to availability
of resources and the required technical expertise, EASA
will assist CAA, upon request, in evaluating compliance
with those additional technical conditions. It may in this
context, at the request of CAA, evaluate whether the data
submitted by the EASA TC holder demonstrates compliance
with the CAA additional technical conditions.
4.2.5 The CAA will make the compliance determination with its
requirements and will be responsible for the issuance of a
Type Validation Certificate based on that determination.
5. Part and Appliance Validation
5.1 For each ETSOA validation, EASA will forward the application
for the validation and related information to CAA and shall
provide a certification statement that the performance of
the appliance or article complies with the applicable EASA
ETSO standard, unless that ETSOA already validated by CAA
together under product type validation The CAA will make the
compliance determination with its requirements and will
issue a Letter of Design Approval based on that
determination.
5.2 For other parts and appliances validation, EASA will forward
the application for the validation and related information
to the CAA and shall provide a certification statement that
the performance of the appliance or article complies with
the applicable EASA standard, unless that part and appliance
already validated by CAA together under product type
validation The CAA will make the compliance determination
with its requirements and will issue a Letter of Design
Approval based on that determination.
6. ACCEPTANCE OF CHANGES AND REPAIRS
6.1 For major design changes and repairs affecting CAA
additional technical conditions (if identified during the
original Type Certificate Validation), application needs to
be made to the CAA. CAA will determine acceptance of that
data under the CAA authorised system.
6.2 The CAA will accept without further action, the approval of
any other design changes and repairs, issued by EASA or EASA
approved design organisations, unless otherwise specifically
required and notified by CAA. In that case CAA will advise
EASA of any additional technical conditions to be imposed on
the product. In such case the provisions of paragraph 4.2.4
will apply.
7. AIRWORTHINESS SUPPORT ACTIVITES
7.1 Individual product deliveries
a) When required, each aircraft will be delivered to Taiwan,
with an export certificate of airworthiness, based on the
individual EASA Form 52 issued in accordance with a
Production Organisation Approval (POA) granted under
Commission Regulation (EC) No 1702/2003, stating that the
aircraft is in conformity with the CAA approved type
design, and is in condition for safe operation.
b) A Flight Manual (FM) in the English language will be
provided with each aircraft to be delivered to Taiwan. The
FM will be approved under the EASA system on behalf of
CAA, upon confirmation by CAA of their agreement of the
relevant drafts.
c) In the case of engines and/or propellers, an Installation
Drawing and Manual, an Operating Instruction Manual as
well as a Maintenance and Overhaul Manual in the English
language will be provided for each engine and/or propeller
to be delivered to Taiwan. The documents will be in
accordance to the approved type design, and the
airworthiness limitations sections of these documents and
will be approved under the EASA system on behalf of CAA.
d) Each engine and/or propeller will be delivered to Taiwan
with an individual EASA Form 1, issued in accordance with
a POA granted under Commission Regulation (EC) No
1702/2003, stating that the engine and/or propeller
complies with the identified approved type design and is
in a condition for safe operation, with a note in Block
Remarks of EASA Form 1 stating that the engine and/or
propeller is eligible for export to Chinese Taipei.
e) Each part and appliance will be delivered to Taiwan with
an individual EASA Form 1, issued in accordance with a POA
granted under Commission Regulation (EC) No 1702/2003.
7.2 Continued Airworthiness
a) In accordance with International Civil Aviation
Organization(ICAO)Annex 8, EASA will inform CAA of all
mandatory airworthiness modifications, special
inspections, special operating limitations or other
actions necessary for maintaining the airworthiness of the
products, parts and appliances, subject to this Working
Arrangement, for which EASA carries out on behalf its
Member States the functions and tasks of the State of
Design.
b) CAA will promptly notify EASA and the applicant of any
unsafe condition associated with the design or
manufacturing of the products, parts and appliances for
which EASA carries out on behalf its Member States the
functions and tasks of the State of Design that are in
service in the area administrated by the CAA.
c) In addition, CAA will report information to EASA on
specific occurrences , as soon as practicable, and will
assist EASA, if necessary, in analyzing their effect on
the safety of the products that are in service in the area
administrated by the CAA.
8. RULEMAKING CO-OPERATION AND TRAINING
8.1 Rulemaking co-operation
The EASA Rulemaking procedure is an open process available
through EASA website. CAA is entitled to comment as
appropriate. EASA will take into account CAA comments as
much as feasible and will provide response to comments in
its Comment Response Document available on the EASA website.
8.2 Technical training to CAA staff On request of CAA and when
EASA resources permit, EASA may provide technical training
to CAA staff involved in the regulatory oversight activities
in the field covered by the present Working Arrangement.
9. ENTRY INTO FORCE, INTERPRETATION, AMENDMENT, DURATION AND
TERMINATION
9.1 Entry into force
This Working Arrangement is effective from the latter date
of signature by the Authorities’ duly authorised
representatives and will be applied from the date the last
authority signs it.
9.2 Interpretation and amendment
Any disagreement regarding the interpretation or application
of this Working Arrangement will be resolved by consultation
between the Authorities.
This Working Arrangement may be amended by mutual consent.
Such amendments shall be in writing and shall enter into
force at the date of the last signature of the Authorities'
duly authorised representatives or its designees.
9.3 Duration and termination
This Working Arrangement will remain in force until
terminated by either Authority upon prior notice.
Either Authority may at any time give written notice to the
other Authority of its decision to terminate this Working
Arrangement. This Working Arrangement shall terminate three
months after the receipt of the notice by the other
Authority, unless the said notice has been withdrawn by
mutual agreement before the expiry of the three months
period.
IN WITNESS WHEREOF, the undersigned being duly authorized
thereto, have signed this Working Arrangement.
Signed in duplicate in English language.
For Civil Aeronautics For European Aviation
Administration Safety Agency
Lee, Long-Wen Patrick Goudou
Director General Executive Director
Date: Date:
Nov. 30, 2009 Nov. 25, 2009
Place: Place:
Taipei Cologne