Bilateral Airworthiness Agreements
This Advisory Circular describes the measures
governing Egyptian Bilateral Airworthiness Agreements (BAAs).
2.
General
a. A Bilateral Airworthiness
Agreement is an "Executive Agreement" concluded at the
government-to-government level by an exchange of agreements between Civil
Aviation Authorities.
b. The BAAs are not considered to
be Trade Agreements; rather they are technical agreements intended only to
facilitate the reciprocal acceptance of test results, certificates, or marks of
conformity issued by the Civil Aviation Authority of the exporting country.
Without such arrangements, product manufacturers could incur a substantial,
unnecessary burden of repetitive full certification testing and analysis for
each importing country, without recognition of the efforts completed for
domestic certification. The BAAs are intended to reduce these burdens by
facilitating liaison between the ECAA and the civil aviation authorities of the
other Contracting State to ensure that the airworthiness safety standards of
the importing country are satisfied through maximum use of the exporting
country's certification system.
c. When a foreign government
requests a BAA with Egypt, or requests that an existing agreement be revised,
the ECAA submits the request for review by the Egyptian Flight Safety Standards
Sector (FSSS). The FSSS conducts an evaluation of the requesting country's
airworthiness and type certification system.
d. The ECAA-FSSS includes in its
evaluation an assessment of the foreign airworthiness authority's technical
competence, capabilities, regulatory authority, and efficiency, the foreign
country's airworthiness laws and regulations, and the foreign industry's
overall state-of-the-art in design and manufacturing capability for the scope
of the agreement sought. The ECAA personnel then decide the specific scope,
substance, and text of a draft BAA, usually with representatives of the other
country's airworthiness authority. Once a draft BAA is reached, the text is
submitted for final review and approval of both parties.
e.
BAAs provide, in effect, within the term and scope of each agreement that:
(i)
The importing country shall give the
equivalent validity to the certification issued by the exporting country and
complying with the applicable requirements notified by the importing country,
as if the certification had been made by its own airworthiness authority in
accordance with its own applicable laws, regulations, and requirements.
(ii)
The civil aviation authorities of the importing State shall have the right to make
acceptance of any certification by the civil aviation authorities of the
exporting State dependent upon the product meeting the Egyptian airworthiness
code and any additional requirements which the importing State finds necessary
to ensure that the product meets a level of safety equivalent to that provided
by the applicable laws, regulations, and requirements which would be effective
for a similar product produced in the importing State.
(iii)
The civil aviation authorities of each
Contracting State shall keep the civil aviation authorities of the other
Contracting State currently informed on all relevant laws, regulations, and
requirements in their state.
(iv) In the case of conflicting
interpretations of the laws, regulations or requirements pertaining to
certifications or approvals under this Agreement, the interpretations of the
civil aviation authority of the importing country shall prevail.
(v) Either party may terminate the
Agreement at its expiration date.
(vi) The agreements may be cancelled,
after 60 days written notice by either party, should the situation change in a
country where a BAA fails to produce the required safety results.
3.
Validation of type certificate of imported products.
A type
certificate may be validated for a product that is manufactured in a foreign
country with which Egypt has an agreement for the acceptance of that product to
be imported into Egypt provided that:
a.
The country in which the product was manufactured certifies that the product
has been examined, tested and found to meet the applicable airworthiness
requirements of Egypt or the applicable airworthiness requirements of the
country in which the product was manufactured and any additional requirements
the ECAA may prescribe to provide a level of safety equivalent to that provided
by the applicable airworthiness requirements of Egypt;
b. The applicant has submitted the technical data, concerning airworthiness with respect to the product required by the ECAA; and
c.
The manuals, placards, listings, and instrument markings required by the
applicable airworthiness requirements are presented in the English language.
4. Exemptions, Deviations, Waivers, and
Authorization
a. The
granting of exemptions is generally viewed as an alternative method of
complying with a regulatory requirement as promulgated under Part 11.
b. Certain
sections of the ECAR's allow the ECAA to issue a certificate of waiver, a
certificate of authorization or operation specifications, which authorizes a
deviation. There are three options
available which are referred to as follows:
i.
Deviation: When a regulatory section
stipulates that a deviation is permitted.
ii.
Waiver: When a regulatory section
stipulates that a waiver or authorization is permitted.
iii.
Authorization: When the regulatory
section contains words such as “in violation of the terms of an authorization
issued under this section”, “unless a certificate of authorization”, or other
similar words, the regulatory flexibility is referred to as an authorization.
NOTE:
If the specific regulatory section does not stipulate that a deviation, a
waiver, or authorization may be granted or issued, compliance with the
regulation is mandatory. In these cases, the only methods of obtaining relief
from the regulation is through the exemption process.
A. For a new type of
aircraft:
Note: For the continuing
airworthiness of the aircraft:
A system of continuous supply of airworthiness information such as airworthiness directives and Accident / Incident reports shall be established with the manufacturer and the State of manufacturer. The following requirements shall be provided as applicable:
a.
A
three view drawing of the aircraft containing all basic details and
description/operation of all systems.
b.
Aircraft
technical specifications.
c.
Aircraft
type-certificate, supplemental type certificate if any, and type certificate
data sheet.
d.
Engine’s
type certificate and type certificate data sheet.
e.
Propeller’s
type certificate and type certificate data sheet.
f.
Means
of obtaining the national technical standards used in the design and
construction of the aircraft and its units.
g.
Statement
of compliance with the current Egyptian Airworthiness Code established for that
class of aircraft.
h.
Export
certificate of airworthiness.
i.
Deregistration
/ Nonregistration certificate.
j.
Noise
certificate.
k.
Radio
license.
l.
Certificate
of insurance.
m.
Production
flight-test report.
n.
Approved
aircraft flight manual.
o.
Master
minimum equipment list, along with related dispatch deviation procedures guide.
p.
The
following manuals or their equivalent (in ATA 100 order(:
(i)
Customized
operation manual or cockpit crew operation manual.
(ii)
Maintenance
manuals including: standard practice manuals, non-destructive tests manual,
overhaul manuals of the aircraft and components and fault isolation manual if
any.
(iii)
Structure
repair manual.
(iv)
Weight
and balance manual.
(v)
Illustrated
parts catalogue.
(vi)
Maintenance
planning document or maintenance inspection manual.
(vii)
Special
tools manual.
(viii)
Wiring
diagrams manual.
q.
Electric
load analysis.
r.
List
and status of embodied modifications, service bulletins, and airworthiness
directives.
s.
Weight
and balance report.
t.
Ground
checks and acceptance flight test report.
u.
Detailed
list of emergency equipment.
v.
Lay
out of passenger arrangement (LOPA).
w.
List
of units, equipment, and component and life limited components.
x.
Compass
swing report and pitot static test report, ATC transponder report and validity
dates for ULB,CVR,and DFDR.
y.
ELT
test date.
z.
TSO
information on all certificated equipment, in addition to the following items:
-
maintenance
check history
-
major
repair history
-
deferred
maintenance item
-
aircraft
and engine log books
-
last certificate of release to service
B. For a validated type of aircraft:
The above requirements mentioned in item
(5-A) except (a, b, c, d, e, f, g, o & p).