AGENCIA ESTATA T P'ALt PER CAWOM CMlE › secretariat › legal › 83bis › 4929-E.pdfLVE T '2I - P'ALt PER CAWOM CMlE rn AESA AGENCIA ESTATA DE SEGunlDADAknEA Agreement between

LVE T ' 2 I - P'ALt PER C A W O M CMlE

rn AESA AGENCIA ESTATA DE SEGunlDADAknEA

Agreement

between

Agencia Estatal de Seguridad ACrea (Spain)

(AES A)

and

Ente Nazionale per 1'Aviazione Civile (Italy)

(ENAC)

the implementation of article 83b'%f the Convention on International Civil Aviation (ICAO)

for the transfer of surveillance responsibilities (operations, maintenance and continuing

airworthiness) for aircraft operated under dry leasing contracts or by virtue of ownership of

the concerned aircraft or any other agreement in the spirit of article 83bis of the Convention

on International Civil Aviation

tkoukharskaiaTypewritten Text4929

PREMISES

The Agencia Estatal de Seguridad Aerea (AESA)

and

Ente Nazionale per 1'Aviazione Civile (ENAC)

Whereas the Protocol of 6 October 1980 to amend to article 83biS of the Convention on

International Civil Aviation (hereinafter referred to as "Chicago Convention") of which Spain

and Italy are Contracting Parties, entered into force on 20 June 1997,

Whereas Spain and Italy are members of the European Union (EU)

Whereas the State of each Authority has signed the multilateral Airworthiness Agreement of

Paris on 22 April 1960 providing for the approval or acceptance by the importing authority of

approvals or findings of compliance made by the exporting authority in respect of

airworthiness,

Whereas the European Parliament and The Council of The European Union (EU) have

adopted Regulation (EC) No 216/2008 to establish and maintain a high uniform level of civil

aviation safety in Europe by the adoption of common safety rules and by measures ensuring

that products, persons and organisations in the Community comply with such rules and those

adopted to protect the environment,

Whereas the European Aviation Safety Agency (EASA) has been established pursuant to

Regulation (EC) 1592/2002 (after replaced by European Parliament and The Council of The

European Union (EU) have adopted Regulation (EC) Nr. 21 612008) and has been operational

since 28 September 2003 to carry out on behalf of every EU Member State, under article 15

paragraph 1 of the above mentioned EU Regulation, the functions and tasks of the state of

design, manufacture or registry when related to design approval,

Whereas the European Commission has adopted Regulation (EC) 1702/2003 laying down

implementation regulations for the airworthiness and environmental certification of aircraft

and related products, parts and appliances, as well as for the certification of design and

production organisations,

Whereas the European Commission has adopted Regulation (EC) 2042/2003 on the

continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on

the approval of organisations and personnel involved in these tasks,

Whereas the Council of European Communities has adopted the new Appendix 111 (OPS 1) to

the Council Regulation (EEC) of the 3922/1991 on the common technical requirements and

administrative procedures applicable to commercial air transportation by aircraft and that

regulation became binding for EU Member State since 16 July 2008,

Whereas each of the two authorities had signed the Arrangement of Cyprus of 1 1 September

1990 on the Elaboration, Recognition and Implementation of Joint Airworthiness Regulations

(JAR) and held full membership of the Joint Aviation Authorities (JAA), and pursuant the

above they adopted JAR OPS 3 requirements and relevant administrative procedures

applicable to commercial air transportation by helicopters

Whereas each Authority has determined, pursuant to the above mentioned regulations, that the

standards of airworthiness and systems for airworthiness, environmental certification and

maintenance of the other Authority are equivalent to its own to make this arrangements

practicable;

Whereas each authority, pursuant to the above mentioned European Common regulations, has

determined that the operational requirements and design-related operational requirements of

the other authority are sufficiently equivalent to its own to make this arrangement practicable,

Whereas Article 83biS of the Chicago Convention provides, with a view to enhanced safety,

for the possibility of transferring to the state of the operator all or part of the state of registry's

functions and duties pertaining to Articles 12, 30, 31, and 32 letter a of the Chicago

Convention,

Whereas, in line with ICAO Document 9642, Part VIII, Chapter 1, and in the light of ICAO

Document 8335, Chapter 10, it is necessary to precisely establish the international obligations

and responsibilities of Spain and of Italy in accordance with the Chicago Convention when an

aircraft registered in Spain is operated by the holder of an air operator's certificate (AOC), or

other operational approval, issued by the Italian Civil Aviation Authority or when an aircraft

registered in Italy is operated by the holder of an AOC, or other operational approval, issued

by the Spanish AESA, under a leasing contract or by virtue of ownership of the concerned

aircraft or any other agreement in the spirit of article 83bis,

Whereas, with reference to the relevant Annexes to the Chicago Convention, this Agreement

organises the transfer from the State of Registry authority to the operator authority of

responsibilities normally assumed by the state of registry, as set out in paragraphs 3 and 4

below,

Whereas the Protocol was ratified by Italy, through the Law no. 437 of 24 July 1985,

published in the "Supplemento ordinario alla Gazzetta Uficiale" no. 197 of 22 August 1985,

in conjunction with the "Regolarnento Convenzione ICAO - Art. 83 bis trasferimento di alcuni compiti e funzioni dello Stato di Registrazione", and has given effect to the agreement

in relation to article 83biS of the Chicago Convention,

Whereas the Protocol was ratified by Spain, through the "Instrumento de ratificacibn del

Protocolo relativo a una enmienda al Convenio sobre Aviaci6n Civil Intemacional (artlculo

83 bis), hecho en Montreal el 6 de octubre de 1980", published in the "Boletin Oficial del

Estado" on the 5' of February 1999, and has given effect to the agreement in relation to

article 83biS of the Chicago Convention,

Have agreed, on the basis of articles 33 and 83biS of the Chicago Convention as follows:

Article 1

GENERAL

(1) The following definitions apply:

- Lessor: registered owner or the party from which the aircraft is leased,

- Lessee: registered operator or the party to which the aircraft is leased - Operator: operator under whose operating licence (or authorisation) including an Air Operator's Certificate (AOC) the leased aircraft is operated,

- Authority of the state of registry: The National Civil Aviation Authority of the state where the relevant aircraft is registered,

- Authority of the state of the operator: the National Civil Aviation Authority of the state where the operator of the aircraft has his principal place of business and, if any,

his registered office and has granted the air operator's certificate (AOC) or other

applicable operational authorisation ,

- commercial operations: refer to definitions provided in Regulation (EC) No 2 1 612008 of the European Parliament and of the Council,

- EASA Member State: any European Union Member State and any other State adhering to EASA system, as identified by EASA.

(2) ItaIian or Spanish operators are entitled to operate an aircraft registered in Spain or in Italy

respectively under a leasing contract or by virtue of ownership of the concerned aircraft or

any other agreement in the spirit of article 83bis of the Convention on International Civil

Aviation for the purpose of commercial operations. In accordance with ICAO Annex 8 and

with the national regulations the State of registry retains legal responsibility for maintaining

the validity of the certificate of airworthiness of the aircraft, which is controlled in accordance

with provisions of Annex I (Part M) of Regulation (EC) 204212003, as revised.

(3) In pursuance of article 83bis of the Chicago Convention, Agencia Estatal de Seguridad

ACrea shall be relieved of the responsibility in respect of the functions and duties transferred

to Ente Nazionale per 1'Aviazione Civile.

(4) In pursuance of article ~ 3 ~ ' ~ of the Chicago Convention, Ente Nazionale per 1'Aviazione

Civile shall be relieved of the responsibility in respect of the functions and duties transferred

to Agencia Estatal de Seguridad Adrea.

Article 2

SCOPE OF APPLICATION

The scope of application of this Agreement shall be limited to aircraft on the register of civil

aircraft of Spain or Italy and operated in commercial operations under a leasing contract or by

virtue of ownership of the concerned aircraft or any other agreement in the spirit of article

83bis of the Convention on International Civil Aviation by an Italian or Spanish operator

respectively.

Article 3

TRANSFERRED RESPONSIBILITIES

(1) Under this Agreement, the Parties agree that the State of Registry authority transfers to the

State of operator authority the following functions and duties, including oversight and control

of relevant items contained in the respective Annexes to the Chicago Convention:

Annex 1 - Licensing of Aviation Personnel (Personal Licensing) - issuance and validation of licenses (refer to point 2 below).

Annex 2 - Air Traffic Rules (Rules of the Air) - enforcement of compliance with applicable rules and regulations relating to the flight and manoeuvre of aircraft.

Annex 6 - Operation of Aircraft - all responsibilities which are normally incumbent on the state of registry for the oversight and control of operations of aircraft entered on its

register.

Annex 8 - Airworthiness of Aircraft - all responsibilities which are normally incumbent on the state of registry, and have not been assumed by EASA, for the oversight and control of

aircraft entered on its register. Responsibilities related to the control of continued validity

of the Certificate of Airworthiness of individual aircraft to which the provisions of the

present agreement apply, according to Annex I (Part M) of Regulation (EC) 2042/2003, as

revised, are transferred in accordance with the terms and conditions laid down in the

relevant implementation procedures relevant to this Agreement. Under this Agreement,

the responsibility for the supervision of maintenance and continuing airworthiness of

leased aircraft operated under the Air Operator's Certificate (AOC) or equivalent

operational approval of the operator is hereby transferred to the State of operator l d Authority.

(2) The responsibilities of the Authority of the State of Registry for the issuance and

validation of flight crew licenses shall not be transferred to the Authority of the State of

operator. Validation of flight crew licenses issued in accordance with JAR-FCL is not

necessary.

(3) The procedures related to the continuing airworthiness of aircraft to which this

arrangement applies, to be followed by the operator are contained in the concerned

Continuing Airworthiness Management Exposition (CAME) and Operations Manual (OM).

Article 4

NOTIFICATION

(1) This Agreement and its relevant implementation procedures, as well as any amendments

to them, shall be submitted to ICAO for registration by both ENAC and AESA, as required by

Article 83 of the Chicago Convention and in accordance with the Rules for the Registration of

Aeronautical Agreements and Arrangements of ICAO (ICAO Doc. 6685).

(2) A certified true copy of this Agreement and its relevant implementation procedures, as

well as any amendments to them, shall be made available by the State of operator authority to

the aircraft operators to which this Agreement applies. A copy of the Agreement and the

relevant implementation procedures as well as a copy of the relevant initiation and acceptance

letter must be kept on board the aircraft concerned.

(3) A certified true copy of the Air Operator's Certificate (AOC) or other relevant operational

approval issued to the operator by the State of the operator authority in which the aircraft

concerned is duly and properly identified, shall also be camed on board each aircraft

concerned. If the operator has obtained, from its Authority, approval for a system to list the

registration marks for aircraft operated and authorized under its AOC or, as applicable, other

national approvaVauthorisation for the specific operations, this list and the relevant section of

the operations manual describing this system must be kept on board each aircraft to which the

present Agreement applies.

.. ,' -. .- -

(4) Aircraft to which the present Agreement applies are listed in the "Schedule of aircraft

registered in Spain and Italian operators (schedule I A)" and "Schedule of aircraft registered

in Italy and Spanish operators (Schedule I1 A)". They are kept and maintained updated by

AESA and ENAC, respectively. A copy of the above lists showing the aircraft to which the

present Agreement applies at the time of its signature shall also be provided to the ICAO by

each of the two depository authorities as an attachment to the Agreement when the latter is

registered according to paragraph 1 above. The lists registered with the ICAO shall be

updated by the depository authority every time the validity of the present Agreement is

extended by a new aircraft or by a new lease period ;

(5) During the implementation of this Agreement, and prior to any aircraft subject to it, being

made the object of a sub-lease, the State of the operator shall inform the State of Registry of

the situation. None of the duties and finctions transferred from the State of Registry to the

State of the operator may be carried out under the authority of a third State without the

express written agreement of the State of Registry.

Article 5

AUTHORISATION OF LEASING CONTRACTS

Each authority shall ensure that leasing contracts are only authorized if they are in compliance

with the terms and conditions laid down in the present Agreement.

Article 6

CO-ORDINATION

Meetings between AESA and ENAC shall be arranged as necessary to discuss both operations

and airworthiness matters resulting from inspections that have been conducted by the relevant

inspectors. For the sake of enhanced safety, these meetings will take place for the purpose of

resolving any discrepancies found as a result of the inspections and in order to ensure that all

parties are fully informed about the concerned operator's operations. The following subjects

may be discussed during these meetings:

- Flight operations; - Continuing airworthiness surveillance and aircraft maintenance;

- Operator Maintenance Control Manual procedures, as applicable; - Flight and cabin crew training and checking; - Any other significant matters arising from inspections.

Article 7

INITIATION

The transfer of functions related to the surveillance of leased aircraft shall be initiated by the

State of Registry authority with a letter referring to the Agreement ENAC-AESA and the

specific aircraft and formally accepted by the State of operator authority. In the case of a

prolongation of the leasing contract the continued transfer of functions and their acceptance

shall be confinned in writing by both the State of Registry authority and the State of the

operator authority, before the beginning of the new lease period. A certified true copy of these

letters shall be provided to the operator by the relevant Authority, to be kept on board of the

aircraft, during the validity period of this Agreement in respect of that specific aircraft as

established in accordance with the provisions of Article 9.

Article 8

CHARGES

Each Authority shall invoice charges and expenses according to its own provisions.

Article 9

FINAL CLAUSES

(1) The implementation of this Agreement shall be effective on the basis of implementation

provisions, agreed between the Parties.

(2) This Agreement shall enter into force on the date of its signature.

(3) The definition of AESA and ENAC regulatory responsibilities shall come into effect, for

each individual case, when the transfer of the functions is formally accepted by the State of

operator authority on the basis of this Agreement. For this purpose, a formal reply letter

regarding the transfer of functions shall be sent by the State of operator authority to the State

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of Registry authority indicating its acceptance or refusal. Before the start of operations the

State of Registry authority shall send a request concerning the transfer of functions to the

State of the operator authority. The points of contact for the exchange of correspondence are

laid down in the relevant implementation procedures to this Agreement.

(4) The determined regulatory responsibilities of AESA and ENAC for a leased aircraft to

which this Agreement applies shall cease to be in effect 24 hours h e r notice given by either,

the State of Registry authority, or the State of the operator authority, but not later than the date

of expiry, established by any of the Parties. Such date shall be mentioned by the authority on

the request concerning acceptance of functions or in the acceptance letter.

(5) Any modification to this Agreement shall be made in writing.

(6) The responsibility for the registration of amendments to this Agreement with ICAO shall

be assumed by both the State of Registry authority and the State of operator authority.

(7) The Agreement shall terminate 60 days after written notice of the termination of this

Agreement by either of the two Parties.

Done on 3 November 2010 in two originals in English.

Ente Nazionale per I' Aviazione Civile Agencia Estatal de Seguridad ACrea

Name: Mr. Benedetto Mar& Name: M. Isabel Maestre Moreno

Designation: Head of Safety Standardisation Directorate

Designation: Aviation Safety State Agency Director

Date: 6 3 a 44,2018 Date:

IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA

TABLE OF CONTENTS

Cover page ................................................................................................................................................ 1 TABLE OF CONTENTS ........................................................................................................................ 2 LIST OF EFFECTIVE PAGES .............................................................................................................. 3 Article 1 . PURPOSE .............................................................................................................................. 4 Article 2 . APPLICABLE RULES AND REGULATIONS .................................................................... 4 Article 3 -IMPLEMENTATION ........................................................................................................... 5 Article 4 . TYPE DESIGN DEFINITION .......................................................................................... 6 Article 5 . CHANGES TO TYPE DESIGN ......................................................................................... 6 Article 6 . APPROVAL OF SERVICE BULLETINS ........................................................................... 7 Article 7 . CONFORMITY TO OPERATIONAL REQUIREMENTS ............................................ 8 Article 8 . CONTINUING AIRWORTHINESS .................... .. ............................................................ 8 Article 9 . REPAIRS .............................................................................................................................. 12 Article 1 0 . MAINTENANCE ................................................................................................................ 12 Article 1 I . RECORDS .......................................................................................................................... 14 Article 12 . FLIGHT OPERATIONS AND AUTHORISATION ......................................................... 15 Article 13 . SURVEILLANCE AND INSPECTION ............................................................................. 18 Article 14 - CONTINUED VALIDITY OF AIRCRAFT CERTIFICATES OF AIRWORTHINESS .. 19 Article 15 - CO-OPERATION ............................................................................................................... 21 APPENDIX no A - LIST OF ADDRESSES OF ENAC AND AESA OFFICES INVOLVED IN THE IMPLEMENTATION OF THE AGREEMENT ............................................................................. 1

APPENDIX B . Transfer of responsibilities Matrix 83Bis to 2042 Annex 1 Part M .......................... 1

APPENDIX C . Responsibilities of Authority of State of Registry and Authority of State of Operator regarding airworthiness and operations (according to Chicago Convention) ................................... 1

Edition no 1 rev . no 0 3 November 20 10 Page 2


LIST OF EFFECTIVE PAGES

Edition no 1 rev. no 0 3 November 20 10 Page 3


Article 1

PURPOSE

The purpose of this document is to provide detailed working arrangements between the Agencia

Estatal de Seguridad ACrea, (AESA) of Spain and the Ente Nazionale per 1'Aviazione Civile (ENAC)

of Italy to implement the Agreement ENAC-AESA for the transfer of certain functions, duties and

surveillance responsibilities (operations, maintenance and continuing airworthiness) for aircraft

operated under dry leasing contracts or by virtue of ownership of the concerned aircraft or any other

agreement in the spirit of article 83bis of the Convention on International Civil Aviation. They allow

them to discharge their legal responsibilities for the surveillance of operations, personnel and

continuing airworthiness of aircraft to be operated in commercial air transportation while avoiding

undue burden by elimination of duplication of tasks. Cross reference table to identify competent

authority in respect of Part M and ICAO duties and responsibilities as resulting from duties and

responsibilities transferred from Authority of the State of Registry to the Authority of the State of

operator according to article 3 of the ENAC-AESA Agreement for the transfer of certain functions,

duties and surveillance responsibilities (operations, maintenance and continuing airworthiness) for

aircraft operated under dry leasing contracts or by virtue of ownership of the concerned aircraft or

any other agreement in the spirit of article 83bis of the Convention on International Civil Aviation, is

reported in Appendix B and Appendix C.

Article 2

APPLICABLE RULES AND REGULATIONS

Any European Union (EU) Regulation (i.e. Regulation of the European Parliament and of the

Council or of European Commission) or EASA measures this agreement, directly or indirectly, refers

to, is to be applied, according to the pertinent effectiveness schedule, at the latest arnendment/change

as published in the Official Journal of the European Communities or EASA website respectively (ref.

ED Decision 200318/RM) effective at the date at which the specific regulation or measure needs to

be complied with or referred to for fulfilling the terms and conditions of this agreement. Should the

operator Authority grant exemptions under the provisions of art 14.4 of the Regulation (EU) No

21612008 of the European Parliament and of the Council, these exemptions shall be notified to the

State of registry authority as soon as possible unless explicitly otherwise established elsewhere ip

- Page 4 Edition no 1 rev. no 0 vV 3 November 20 10


this agreement. Any JAA set of requirements, directly or indirectly called for in this agreement, to be

referred to for ensuring compliance with the terms and conditions of this agreement shall be those at

the latest arnendrnent/change published by the operator authority. Any JAA set of requirements

directly or indirectly called for in this agreement is to be intended as replaced by the correspondent

EU regulation according to its implementation scheme.

In respect of any certification activity or oversight responsibility related to EU regulations for which

the operator authority is considered to be competent Authority, the operator authority may adopt or

accept to the operator alternative means of compliance to EU regulations other than those published

by EASA when satisfied that above material shows compliance with the concerned EU Regulation.

Article 3

IMPLEMENTATION

For the implementation of the Agreement, the points of contact of the Authorities are the following

for all questions regarding airworthiness, major changes and matters of principle:

ENAC Ente Nazionale per I'Aviazione Civile

Direzione Regolazione Navigabilith e

Operazioni

Via di Villa Ricotti, 42

00161 - ROMA ITALY

Tel. +39-06-44 185741

Fax +39-06-44185731

e.mail: [email protected]

AESA- Agencia Estatal de Seguridad Aerea

Direccion de Seguridad de Aeroneves

P de la Castellana, 67

28071 MADRID

SPAIN

Tel. +34 91 597 8787

Fax+34915978573

e.mai1: [email protected]

As far as the current activities to be performed in accordance with these procedures are concerned

1 AESA inspectors in charge of a specific Spanish registered aircraft or operator and the ENAC structures in charge of a specific Italian operator or Italian registered aircraft, will co-ordinate their


specific intervention and the necessary exchange of information related to the present procedures.

References of State of registry and State of operator authority Services in charge of daily

implementation of these procedures are provided in the initiation and acceptance letters for each

concerned aircraft to which the agreement ENAC - AESA applies. In Appendix A, references of ENAC and AESA regional offices or Central Departments in charge of topics specified in the present

agreement are listed.

Article 4

TYPE DESIGN DEFINITION

The aircraft and any product or part thereof must comply with the relevant EASA approved type

design (refer to provisions of art. 2 of the EU Regulation 170212003).

The Authority of the State of operator will be responsible for supervising that the aircraft operator

ensures continuous compliance with this requirement after delivery over the whole period of time the

aircraft is being operated by the national operator under the foreign State's registration marks.

The Authority of the State of Registry and of the State of operator shall ensure that mutual exchange

of relevant information among them on the concerned aircraft, as and when necessary, take place in

accordance with Part M requirements (M.B.105 and relevant AMC material), at the delivery of the

aircraft to the operator and at the delivery of the aircraft back to the lessor.

Article 5

CHANGES TO TYPE DESIGN

The express permission of the aircraft registered owner is required prior to the incorporation of any

modification unless it is mandated by any MCAI, by Regulations (including modification requested

as a result of approved reliability program or of any periodic review of effectiveness of the approved

maintenance programme) , by EASA or by any concerned counterpart Authority.

a) The classification of major or minor changes to Type Design are defined in the part 21 paragraph

2 1 A.9 1 of EU Regulation 1 70212003,

3 1 Page 6 Edition no 1 rev. no 0

I*- -. 3 November 20 10


Changes to Type Design are classified as major or minor by entitled entity to conduct technical

investigations in accordance with part 2 1 paragraph 2 1A.95 and 21 A.97 of EU Regulation 170212003

and approved in accordance with the following procedure.

Changes may be performed on the aircraft once approved by EASA directly, through the Design

Organisation Approval (DOA) system or otherwise accepted in accordance with published EASA

measures (e.g. refer to Executive Director Decision 2004104lCF). A copy of a specific EASA

approval will be forwarded by the operator to the State of registry authority.

The State of the operator Authority shall ensure that the operator has in force adequate procedures to

avoid the accomplishment of changes on the concerned aircraft contrary to the above provisions.

b) Approved changes to the aircraft will be performed in accordance with Article 10

"MAINTENANCE"

Article 6

APPROVAL OF SERVICE BULLETINS

The technical instructions and engineering contents of any Service Bulletin issued by the type design

certificate holder (TDCH) can be used by the operator on the concerned aircraft once evidence of

their approval by the State of Design Authority or by the TDCH under the Authority of a DOA

approval issued under EU Regulation 170212003 Part 2 1 is available.

Any design implication of those documents has to be approved in accordance with the procedure

established in Article 5 above.

Embodiment of Service Bulletins on aircraft will be performed in accordance with Article 10

"MAINTENANCE.

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Article 7

CONFORMITY TO OPERATIONAL REQUIREMENTS

Aircraft to which this agreement applies have to be equipped in accordance with the operational

requirements established by the State of the operator for the intended type of operations.

Conformity to national operational requirements, including those which may have an impact on

aircraft design, will remain within the responsibility of the operator's Authority.

Design data related to the modification have to be approved in accordance with the procedure

established in Article 5 above.

The aircraft must be operated within the limitations described in the Aircraft Flight Manual approved

by EASA, or deemed as EASA approved under (EU) 170212003 regulation in accordance with

EASA procedures. The Aircraft Flight Manual may include amendments approved in accordance

with EASA procedures relevant to equipment required by operational regulations of the State of the

operator.

Article 8

CONTINUING AIRWORTHINESS

In accordance with ICAO Annex 8, the State of design will inform the Authority of the State of

registry of all actions made mandatory in order to ensure continued airworthiness of the aircraft. The

Authority of the State of registry shall adopt - or assess and take appropriate corrective action, - the mandatory airworthiness information issued by the State of design Authority. The State of registry

Authority may issue and make mandatory other airworthiness actions, in addition to those mentioned

before, should it identify an unsafe condition affecting aircraft of the same type in its national fleet

which requires an immediate reaction.

Pursuant to the above, the EU Regulations 21612008 and 170212003 and the Decision No. 212003 Of

The Executive Director Of The Agency dated 14 October 2003 (or latest published issue), the aircraft

must be in compliance with all the Mandatory Continuing Airworthiness Information (MCAI), such

as Airworthiness Directives (AD), Emergencv Confomitv Information (ECI), etc applicable to that lk Page 8 I Edition no 1 rev. no 0 3 November 20 10


aircraft and to any componentslparts thereof mandated either by EASA, the relevant State of design

Authorities, unless EASA has issued a different decision before the date of entry into force of that

MCAI, or by the State of registry Authority under the provisions of art 14 of Regulation (EU) No

21612008 of the European Parliament and of the Council of 20 February 2008. To this late regard, the

State of registry Authority will timely provide the operator and the regional office of the State of the

operator Authority in charge of aircraft surveillance with the above ADS and other airworthiness

action mandated by the State of registry Authority (MCAI) for the aircraft type concerned and

partslproducts thereof. The operator must hold and keep up-to-date a complete set of the above

mentioned applicable (MCAI).

The Authority of the State of the operator will also require that the concerned aircraft complies with

MCAI applicable to the subject aircraft model or partslproducts thereof issued by the State of the

operator Authority under the provisions of art 14 of Regulation (EU) No 21612008 of the European

Parliament and of the Council when an unsafe condition affecting aircraft of the same type has been

identified which requires an immediate reaction and an equivalent airworthiness action has not been

made mandatory by EASA or the State of design Authorities. In this regard, design or maintenance

programme implications deriving from the above mentioned mandatory airworthiness actions will be

treated in accordance with the terms and conditions of the appropriate Articles of this agreement.

Any derogation from MCAI requirements must be approved in accordance with EASA regulations

and procedures. The State of registry authority shall inform the operator if 5 14.4 of the EU- Regulation 2 1612008 is applied.

The operator Authority shall verify that the operator, according to applicable regulations, is in receipt

of, has available or has access to all the ADS or other mandatory airworthiness actions applicable to

the concerned aircraft and products, components or parts thereof.

The Authority of the State of operator will be responsible to supervise that all ADS and other

mandatory continuing airworthiness actions applicable to the aircraft are complied with by the

operator. All mandatory continuing airworthiness information issued by AESA are available on the

AESA website (htto://www.seauridadaerea.es/AES~NG CASTELLANOIAERONAVESI

CERTIFICACIONIDIRECTIVAS AERONAVEGABILIDAD). ENAC AD's, or INFORMATIVE

on AD's, as well as any other mandatory continuing airworthiness information are only made I .r Page 9

I //----.- Edition no 1 rev. no 0 3 November 201 0


available on the ENAC website (http://www.enac.gov.it). Therefore the operator is requested to

regularly look at those sites as applicable to absolve their continuing airworthiness responsibilities in

respect of this aspect. The operator is also requested to regularly look at EASA and other relevant

State of Design Authority web sites to absolve their continuing airworthiness responsibilities in

respect of the concerned aircraft and their components

Significant in-service events with the aircraft shall be reported, written in the English language, by

the operator to its Authority in accordance with the national occurrence reporting system

requirements.

The Authority of the State of the operator is responsible for defining which service information is to

be reported by the operator under the national occurrence reporting system. The Spanish "Real

Decreto 27912007, por el que se determinan 10s requisitos exigibles para la realizaci6n de las

operaciones de transporte a6reo comercial por helic6pteros civiles" (JAR-OPS 3) and "Real Decreto

133412005, por el que se establece el sistema de notificacidn obligatoria de sucesos en la aviacion

civil", EASA measure AMC 20-8, part M.A.202, ENAC Regolamento Tecnico Terzo/30/F,

Appendix I11 to Regulation 392211992 (EU OPS l), JAR OPS3 and relevant ENAC Circolari (latest

issue) relevant to AOCIoperating license holders and reporting system (eE-MOR), describe the type

of in-service information to be reported under the Spanish and the Italian regulatory system and

relevant reporting times. For delegated aircraft registered in Spain, accidents and incidents shall be

reported to CIAIAC (Comisi6n de Investigaci6n de Accidentes e Incidentes de Aviacibn Civil) and

Agencia Estatal de Seguridad ACrea (AESA) and for delegated aircraft registered in Italy, accidents

and incidents shall be reported to the ENAC Direzione Operazioni in charge of a specific concerned

Italian registered aircraft and to the Agenzia Nazionale per la Sicurezza del Volo (ANSV) , as soon as possible, but in any case no later than time constraints mandated by applicable operational and

continuing airworthiness requirements and in particular with the quickest means available in case of

any accident or serious incident.

The Authority of the State of operator will supervise that a copy of reports on significant events that

affect or could affect the continuing airworthiness of concerned aircraft or invalidate their Certificate

of Airworthiness/related airworthiness review certificate is also forwarded by the operator to the

Authority of the State of registry in order to allow proper corrective actions. In such cases the

l ic Page 10 Edition no 1 rev. no 0

, ,

3 November 20 10


Authority of the State of registry will accept that the Authority of the State of the operator is entitled

to prevent the aircraft from resuming flight operations on the condition that the State of the operator

Authority appropriately will advise the State of registry Authority to allow adequate actions be taken.

Authorisations to resume flights to permit the aircraft to be flown to an approved maintenance

facility at which it will be restored to an airworthy condition shall be released in accordance with

article 12 below,

The Authority of the State of operator shall supervise that the operator ensures transmission of

information on significant events affecting continuing airworthiness of a concerned aircraft to the

organisation responsible for the type design (EU regulation 204212003 part M point M.A.202, EU

OPS 1.420 JAR OPS 3.420, RT ENAC TERZ0/30/F and Spanish Real Decreto 279/2007).

The Authority of the State of operator shall ensure the transmission of information on significant

events to the Authority of the State of Design and EASA. The follow-up of any reported occurrence

that affects or could affect the continuing airworthiness of concerned aircraft by the Authority of the

State of Design progressing to satisfactory closure shall be monitored by the Authority of the State of

operator in co-ordination with EASA.

The Authority of the State of operator and of the State of registry will ensure a timely mutual

exchange of information on any result arising from the follow-up investigation phases of significant

in service events in respect of concerned aircraft.

The Authority of the State of operator will supervise that the operator obtains and assesses

airworthiness information and recommendations available from the type design organisations and

implements resulting actions considered necessary by the State of the operator Authority and the

Authority of the State of registry.

The Authority of the State of operator will supervise that the operator monitors and assesses

maintenance and operational experience with respect to continuing airworthiness, flight safety and

accident prevention. Relevant procedures shall be described in the operator's Operations

Manual(OM), and Continuing Airworthiness Maintenance Exposition (CAME). 4"- Edition no 1 rev. no 0 3 November 20 1 0 Page 11


The Authority of the State of operator shall supervise that the operator is appropriately approved, as

applicable pursuant to Subpart G of Annex I (Part M) to Regulation (EU) 204212003 as revised or,

for commercial operations other than commercial air transportation, has contracted such an

organisation (thereinafter referred to as CAMO) for the management of the continuing airworthiness

of the aircraft it operates, including any dry leased aircraft which this arrangement applies to.

Article 9

REPAIRS

a) The classification of major or minor repairs shall be made in accordance with the criteria of P&

21 paragraph 21 A.91 of EU Regulation 170212003 for a change in type design.

Repairs are classified as major or minor in accordance with Part 21 paragraph 21A.435 of EU

Regulation 1 70212003. Repairs shall be approved in accordance with Part 2 1 paragraph 2 1 A.43 7

of EU Regulation 170212003. A copy of a specific EASA approval will be forwarded by the

operator to the Authority of the State of Registry.

The Authority of the State of the operator shall supervise that the operator has in force

procedures to avoid accomplishment of any repairs on the concerned aircraft contrary to the

above provisions.

b) The accomplishment of approved repairs on the aircraft will be performed in accordance with

Article 10 "MAINTENANCE".

Article 10

MAINTENANCE

The Authority of the State of the operator shall supervise that the operator's (or contracted CAMO's)

Continuing Airworthiness Management Exposition (CAME), and the operator Aircraft Maintenance

Programme comply with the requirements of the Authorities of the State of registry and the State of

the operator as specified and laid down in these implementation procedures. The Authority of the

State of operator shall approve the CAME and any revision thereof in accordance with relevant Part

M of EU Regulation 204212003 requirements. The Authority of the State of operator shall supervise

\ i


that a copy of approved CAME is sent by the operator to the Authority of the State of Registry upon

their request.

(a) Continuing airworthiness

A concerned aircraft, its engines and its equipment, will be maintained in accordance with the

maintenance programme established by the operator and approved by the Authority of the State of

operator in accordance with relevant requirements of Annex I (Part M) of EU Regulation 204212003

(M.A.302 and M.B. 301 provisions), as revised, including the use of indirect approval procedure.

Any variation (e.g. interval escalations, changes to the content and classification or the deletion of

maintenance tasks etc) to the aircraft maintenance programme shall be approved by the Authority of

the State of operator in accordance with relevant requirements of Annex I (Part M) of EU Regulation

204212003, as revised. Operational equipments will be maintained in accordance with the Authority

of the State of the operator maintenance specifications if the equipment manufacturer/design holder

maintenance documentation gives such an opportunity (e.g. TCH maintenance documentation

requirements report "as requested by national rules/NAAn) or does not provide for any maintenance

requirements. In lack of maintenance specifications by the Authority of the State of the operator, the

requirements of the State of registry Authority , if any and once notified by the Authority of the State of Registry, will apply.

Where a reliability programme forms part of, or is a condition within the approved maintenance

schedule approved by the Authority of the State of operator, the Authority of the State of operator

will monitor the effectiveness of such a programme. The operator shall provide a copy of the aircraft

reliability report periodically to the Authority of the State of registry.

Due consideration, especially for dry lease agreements of six months or less, will be made by the

Authority of the State of operator to validate the maintenance programme approved by the Authority

of the State of Registry, taking also into account the additional burden on the operator and technical

aspects related to the return of the aircraft to the owner. Surveillance of aircraft maintenance will be

performed by the Authority of the State of operator in accordance with its standard procedures

developed in accordance with relevant Part M requirements of EU Regulation 204212003.

(b) Performance of maintenance

Edition no 1 rev. no 0 3 November 20 1 0 Page 13


All maintenance inspections, overhauls, modifications and repairs to be performed on the aircraft

shall be carried out and released by any appropriately rated Maintenance Organisation (MO)

approvedfaccepted under the provisions of Annex I (Part M) or Annex I1 (Part 145) of EU regulation

204212003, as revised, as requested in accordance with Part M provisions, taking into account

aircraft classification or type of operations.

Maintenance and airworthiness records will be kept by the aircraft operator in accordance with

procedures approved by the Authority of the State of operator. The records will be transferred by the

operator to the lessor at the end of the leasing period.

Maintenance work must be accomplished by personnel licensed by, or qualified within the

maintenance organisation in accordance with standards acceptable to, the operator Authority.

Aircraft or components will be released to service as applicable by personnel licensed in accordance

with the Annex 111 (Part 66) of EU Regulation 204212003 or , when applicable, the regulations of the

State of the operator Authority pursuant to the applicable EU Regulation 204212003 provisions.

Article 11

RECORDS

The Authority of the State of registry shall ensure that all the maintenance and in service records and

documentation relevant to the concerned aircraft are transferred or made available andtor accessible

to the operator at the time of aircraft delivery to allow complete and accurate selection of the

information judged necessary to manage the continued airworthiness of the aircraft all through the

duration of this agreement in respect of the specific aircraft.

The aircraft continuing airworthiness record system of the operator shall comply with the relevant

EU regulation 204212003 Part M requirements.

The aircraft operations record system of the operator shall comply also with the relevant State of

operator national operational requirements, as applicable in relation to the specific type of operations

and aircraft classification (for commercial air transportation Appendix I11 to Regulation (EEC) No

392211991 as revised (EU OPSl) or JAR OPS3 requirements, as applicable in respect of the lease f , aircraft).

1

I Page 14 Edition no 1 rev. no 0 3 November 20 10


The Authority of the State of operator shall supervise that the operator makes available all the

aircraft maintenance records to the lessor and the Authority of the State of registry at the end of the

leasing period and to the contracted appropriately approved CAM0 (holding M.A.71 l(b) privileges),

or when applicable, to the Authority of the State of registry, for the recommendation for issuance of

the Airworthiness Review Certificate associated with Certificate of Airworthiness (CofA) of each

aircraft to which the present agreement applies to.

The Authorities will supervise that, at the time of aircraft transfer, the presentation of these records is

arranged looking at the indications and bearing in mind the principles laid down in Appendix A to

Part VIII of ICAO Doc. 9642-AN1941 "Continuing Airworthiness Manual".

In the course of the activities leading to the approval of the lease agreement or to the extension of

this agreement in respect of specific aircraft and preceding the aircraft delivery to the operator, the

AESA and ENAC inspectors in charge, in conjunction with their respective senior management, with

the assistance of the lessor and the operator, will co-operate to guarantee that the maintenance

records and documentation used for the issuance of the aircraft Certificate of Airworthiness by the

Authority of the State of registry are those made available to the operator for ensuring the continuing

airworthiness of the aircraft during the validity period of this agreement in respect of a specific

aircraft.

Article 12

FLIGHT OPERATIONS AND AUTHORISATION

The Authority of the State of operator shall be responsible for the authorisation of all operations in

respect of a concerned aircraft according to applicable operational requirements in respect of aircraft

type of operation or aircraft classification (for commercial air transportation Appendix 111 to the

Regulation (EEC) No 392211991 as revised (EU OPSl) or JAR OPS3 requirements, as applicable in

respect of the concerned aircraft, for training school activities JAR-FCL (or equivalent EU

requirements), for aerial work in Italy "Regolarnento Certificato di Operatore di Lavoro Aereo" and

"Regolamento per il rilascio della licenza di esercizio di Lavoro Aereo", for aerial work in Spain the

"Reglamento de Circulacidn A6rea9', approved by Royal Decree 5712002 and the "Resoluci6n de 5

de Julio de 2002 por la que se establecen procedimientos operatives especificos para operaciones de Ikl Edition no 1 rev. no 0 3 November 20 10 Page 15

I


trabajos aereos y agroforestales"), taking into account relevant applicable acceptable means of

compliance and guidance material (AMCIGMIIEM, or as applicable relevant implementation

Circularslregulations)). Above operations shall be conducted in accordance with the EASA approved

Aircraft Flight Manual, or deemed as EASA approved under (EU) 170212003 regulation, and the

Authority of the State of operator approved Operations Manual (or equivalent document requested

for the specific operations under State of operator national requirements). Modifications of the

aircraft to comply with operational requirements shall be treated in accordance with article 5 of these

implementation procedures.

The Minimum Equipment List (MEL) and any amendments thereto for each concerned aircraft shall

be approved by the Authority of the State of operator and shall not be less restrictive than the

relevant EASA approved Master Minimum Equipment List, or deemed as EASA approved/accepted.

If this does not exist, the use of an alternative MMEL (e.g. MMEL produced by the Type Certificate

Holder and approved by the Authority of the State of Design, MMEL produced or approved by

another EU Member State Authority or by FAA) is subject to agreement with operator's Authority;

Any deviation from the approved MEL shall be evaluated and approved by the operator Authority

according to its national procedures and taking into account prescriptions and guidelines on that issue

published or notified by the EU Commission.

Permit to Fly in respect of the registered aircraft, where the aircraft is temporarily not in airworthy

condition, shall be issued by the Authority of the State of Registry (or by other entities entitled under

applicable EU Commission Regulations) upon application by the Permit to Fly holder (operator, etc.)

in accordance with Annex I (Part 2 1) Commission Regulation (EU) 170212003 as revised. Permit to

Fly may prescribe particular limiting conditions to permit the aircraft to be flown without fare-paying

passengers to an approved maintenance facility at which it will be restored to an airworthy condition

(refer to Annex I (Part 21) Commission Regulation (EU) 170212003 as revised). Such an approval

may be issued for example for the following purposes: accomplishment of mandatory airworthiness

requirements, airworthiness directives, aircraft repairs, etc. which require the aircraft to be flown to

an approved maintenance facility. Flight conditions associated to Permit to fly shall be approved in

accordance with appropriate provisions of Annex 4 (Part 21) to Commission Regulation (EU)

170212003 as amended. The Authority of the State of registry shall notify any such approval at the

Page 16 Edition no 1 rev. no 0 3 November 20 1 0


earliest possible opportunity to the Authority of the State of the operator by providing a copy of the

relevant approval documentation.

Permit to Fly for the purpose of testing a concemed aircraft, where the Certificate of Airworthiness

of the aircraft is not in force, in situations other than those mentioned before shall be issued by the

State of registry authority.

Operation of the aircraft conducted under the operator's AOC or under the relevant operator's

authorization issued by the competent Authority for operations other than commercial air transport

will be carried out in accordance with applicable national rules and regulations of the State of

operator (e.g. for commercial air transport Operations, Appendix I11 to the Regulation 392211991 as

revised (EU OPS 1) or JAR OPS 3 requirements, as applicable in respect of the concemed aircraft;

for flying school operations, JAR FCL requirements, etc.). Surveillance will be accomplished by the

Authority of the State of the Operator in accordance with the current relevant national procedures.

Flight operations will be conducted by the operator employing flight crew members holding an

appropriately rated license, issued, or validated, by the appropriate department of the operator

Authority in accordance with national regulations or JAR FCL and validated by the State of registry

authority as described here below.

1. If the pilots hold operator Authority National Flight Crew Licenses that are not issued in

accordance with JAR-FCL, then they will either have to obtain individual State of registry authority

Certificate of Validation or the State of registry authority may issue a block validation for the

specific aircraft and operator's crew.

2. If the pilots hold JAR-FCL licenses, they are able to operate concemed aircraft registered in the

State of registry under JAR-FCL recognition.

3. If the pilots hold licenses other than Spanish or Italian national or JAR-FCL licenses, they will be

required to obtain individual State of registry authority Certificate of Validation as they would not be

covered under a block validation for the specific aircraft and operator's crew.



In case of flying school operations, any flight training activities will be conducted with concerned

aircraft, as necessary and required by regulations, under the supervision, responsibility and

authorization of Flight Instructors employed by the operating training organisation holding the

appropriate pilot license with the requested ratings, issued, accepted or validated by the operator

lessee Authority, and validated by the lessor Authority.

Concerned aircraft may be used by a operator TRTO approved in accordance with JAR-FCL under

the following conditions:

- the aircraft must be integrated in the TRTO manuals and procedures - all instructors and examiners using this aircraft must hold JAR-FCL licenses

Any student pilot shall meet the requirements specified by the applicable regulations of the State of

operator.

Article 13

SURVEILLANCE AND INSPECTION

During the term of validity of this agreement in respect of a specific aircraft, the operator Authority

shall accomplish surveillance activities and inspections in respect of the concerned aircraft and the

operator (e.g. product audit selected by the Authority of the State of operator under surveillance plan

of the operator's maintenancelcontinuing airworthiness/operational approvals, etc.) in accordance

with its current procedures in order to verify that aircraft operations are conducted in accordance

with the applicable airworthiness standards, operational requirements and the terms and conditions

specified in the present implementation procedures. On the specific request of the State of registry

authority and for reasonable causes, the operator Authority shall permit the State of registry authority

to perform an inspection of the operator or the concerned aircraft (e.g. aircraft selected under the

sample of the State of Registry Aircraft Continuing Airworthiness Monitoring Programme, etc.) and

provide assistance in performing that inspection if requested, or may be requested by the state of

registry authority to perform such an inspection.

Findings found during surveillance activities shall be promptly processed by the relevant authority

according to relevant applicable requirements. Each Authority shall notify the other Authority of

Page 18 Edition no 1 rev. no 0 3 November 20 1 0


finding or act which affects the validity status of any certificate or documentation issued in respect of

the concerned aircraft or, when applicable, of the terms and conditions of the lease contract or the

operator authorisation. As far as possible in relation to the level of finding, proper and timely co-

ordination will be ensured among State of Registry and State of operator Authorities in order to

allow each party to adopt as applicable proper actions in respect of above findings in accordance

with relevant applicable requirements.

State of Registry and State of operator Authorities shall ensure that appropriate records relevant to

inspection and surveillance they performed according to Part M and operational requirements and to

this arrangement is appropriately kept on file of each Authority as requested by Part M and relevant

operational requirements.

Article 14

CONTINUED VALIDITY OF AIRCRAFT CERTIFICATES OF AIRWORTHINESS

The continued validity of the Certificate of Airworthiness of a concerned aircraft shall be ensured by

the concerned operator in accordance with the relevant EU regulation 2042f2003 Part M

requirements.

Continuing Airworthiness Management Organisation (C.A.M.O.), appropriately privileged and

approved in accordance with Part M Subpart G by any EASA Member State, may issue, extend, or

make recommendations to Authority of the State of registry for the issuance of, the Airworthiness

Review Certificate of individual aircraft to which the provisions of the present agreement apply

when the relevant conditions as laid down in Part M requirements occur. A copy of the ARC issued

or extended by the concerned C.A.M.O. shall be sent by that organisation to both State of registry

and State of Operator Authorities within ten days since ARC issuance or extension. The operator

shall monitor compliance with that provision.

The recommendation, along with all the associated documentation, requested in accordance with

pertinent Part M provisions (including copy of the relevant application), for the issuance of the

aircraft airworthiness review certificate (ARC) for the continued validity of the Certificate of

Airworthiness of a concerned aircraft to which the present agreement applies shall be sent to the

Authority of the State of registry (AESA or Direzione Operazioni ENAC in charge of surveillance)

I Edition no 1 rev. no 0 3 November 2010 Page 19


by the issuing appropriately approved and privileged C.A.M.O.. The relevant application for the

issuance of Airworthiness Review Certificate (ARC) shall be sent by the operator to the Authority of

the State of Registry. When airworthiness review and recommendation for the issuance of ARC is

contracted out to appropriately approved and privileged C.A.M.O. by operator, a copy of the issued

recommendation, along with all the associated documentation requested in accordance with pertinent

Part M provisions shall be also provided by the issuing C.A.M.O. to the operator to be kept by him in

the continuing airworthiness records of the concerned aircraft.

When M.A.901 conditions for the issuance of the ARC by the competent authority occur, aircraft

airworthiness review shall be conducted and the relevant ARC be issued by Authority of the State of

registry in accordance with Part M requirements. A copy of the issued ARC shall be sent by

Authority of the State of registry to the Authority of the State of operator within 10 day since ARC

issuance.

Findings found during analysis of CAM0 recommendation or performing airworthiness review shall

be promptly processed by the Authority of the State of registry according to Part M requirements

(M.B.903, M.B.304) and notified to Authority of the State of operator in order to be taken into

account in the Authority of the State of operator as necessary. As far as possible in relation to the

level of finding, proper and timely co-ordination will be ensured among State of Registry and State

of Operator authorities in order to allow each party to adopt as applicable proper actions in respect of

above findings in accordance with Part M requirements.

However, on a case by case basis and with EASA concurrence, proper arrangements could be made

between the two Authorities to decide on alternative procedures to allow ARC be issued by the

Authority of the State of operator instead of the Authority of the State of Registry.

Other aircraft certificates/licenses (i.e. aircraft radio station license etc) will be renewed by the

competent State of registry authorities.



Article 15

CO-OPERATION

Each Authority shall ensure that the other Authority is kept informed of all applicable standards of

airworthiness, operational requirements, design-related operational requirements of its State and will

consult the other Authority on any proposed changes thereto to the extent they may affect the

implementation of these procedures.

Each Authority shall provide such assistance as may reasonably be required by the other Authority in

its carrying out inspections, investigations and other functions in respect of the concerned aircraft.

Done on 3 November 201 0 in two originals in English.

For E.N.A.C.

Mr. Enea L.Guccini

Head, Airworthiness and Operations

Regulation Division

For AESA

Ms. Isabel Maestre Moreno

Aviation Safety State Agency . . - Director

Edition no 1 rev. no 0 3 November 201 0 Page 2 1

IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA APPENDIX no A - LIST OF ADDRESSES O F ENAC AND AESA OFFICES INVOLVED IN THE

IMPLEMENTATION O F THE AGREEMENT Direzione Operazioni (AON) of Naples:

C/o Blocco Tecnico ENAV- CAV Napoli

Viale Ruffo di Calabria

80144 Capodichino Napvli

Tel. +39-081 5999621

Fax: +39-081 7802038

e-mail: operazioni.navoli@enac.~ov.it

Direzione O~erazioni (AOn Turin:

Via Montecuccoli,2

101 21 Torino

Tel.: 39-01 1-5613-621

Fax: 39-0 1 1-5628-296

e-mail: [email protected] t

Direzione Operazioni (AOV) Venice:

Aeroporto "Marco Polo"

Via Galileo Galilei, 1 630 173 Venezia Tessera

Tel.: +390412606702

Fax: +390412606701

e-mail: [email protected]

with regard to flight and cabin crew licenses (validation, requirements, etc.)

Direzione Regolazione Personale di Volo (SPW

Via di Villa Ricotti 42

00161 Roma

Tel: +39-06-44185714

Fax: +39-06-44185701

e-mail: regolazione.personalevolo@enac.~ov.it

with regard to type design issues

Appendix A - Page 2 Edition no 1 rev. no 0 3 November .20 1 0

IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA APPENDIX no A - LIST OF ADDRESSES OF ENAC AND AESA OFFICES INVOLVED IN THE

IMPLEMENTATION OF THE AGREEMENT

Direzione Regolazione Certificazione Prodotti Aeronautici (SCP)

Via di Villa Ricotti 42

001 61 Roma

Tel. : +39-06-44185724

Fax: +39-06-44185611

e-mail: renolazione.~rodottiaeronautici@,enac.~ov.it

IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA APPENDIX no A - LIST OF ADDRESSES OF ENAC AND AESA OFFICES INVOLVED IN THE

IMPLEMENTATION OF THE AGREEMENT

Aaencia Estatal de Se~uridad Aerea (AESA)

Points of Contact:

For all matters of principle in relation to this agreement and coordination and daily

implementation:

Mr. Andrds Skchez Sbchez

Maintenance and Inspection Department

email: assanchez@,fomento.es

tlfn: +34 91 597 532 1

Fax: +34 91 597 8584

Mr. Manual Varela Blanco

Head of Maintenance and Inspection Devartment

email: mvarela(ii,fomento.es -

tlfn: +34 91 597 5232

Fax: +34 91 597 8584

Mr. Ismael Pacheco Serrano

Chief of the Safety Control in Maintenance Division

e-mail: ipacheco0,fomento.es

Mr. Jose Luis Lozano Lozano

Safetv Inswction Coordinator

e-mail: jllozano@,fomento.es

Edition no 1 rev. no 0

"-- ---. 3 November .2010 Appendix A - Page 4

IMPLEMENTA'rION PROCEDURES TO AGREEMENT ENAC-AESA

. -1 I -,,'

3 . - = -.

83Bis to 2042 Annex 1 Part M

ICAO Reference

Annex 8, Part 11, Chapter 3

Responsible NAA

State of Operator NAA (operation of aircraft)

1. State of Registry NAA when ARC is to be

APPENDIX B - Part M Requirement Detail

Oversight of continuing airworthiness of individual aircraft

and

the issue of ARC

no 1 rev. no 0

Part M Requireme nt Reference M. 1 1 .

Note or remarh

Note : State of Registry NAA remains in charge of Aircraft Continuing Airworthiness Monitoring (ACAM) - see M.B.303

Transfer of responsibilities Matrix

83 Bis Delegation Agreement Reference

All applicable articles of Implementation Procedures

Implementation Procedures - Art 14 "Continued validity of aircraft certificate of Airworthiness"

-

3 November .2010

I I

Edition

issued by the competent authority upon recommendation of appropriatel y approved and privileged continuing airworthiness management organisat ions as specified under M.A. Subpart G (CAMO) or directly after a satisfactory fill1 airworthiness review according to Part M requirements

2. State of Operator NAA when ARC is issued directly or extended by the appropriately approved and privileged CAMO of the operator under Part M requirements

-

Appendix B - Page 1


Reference ICO Annex 6, Part I, Chapters 5 and 8 and

Part I, Chapters 5 and 8 and

I part III Chapter 3 and 6

Part I, 8.3 I=- Annex 6,

Part M Requiteme nt Reference

M.B. 201 M.B. 301

Oversight of Maintenance organisations as specified under M.A. Subpart F

APPENDIX B - Transfer of responsibilities Matrix 83Bis to 2042 Annex 1 Part M

Oversight of continuing airworthiness management organisations as specified under M.A. Subpart G

Part M Requirement Detail

Approval of maintenance Programmes

All applicable articles of Implementation Procedures in relation to the approval of Maintenance organisations as specified under M.A. Subpart F

State of Operator NAA Authority for those AMO- F located in its territory

Note or remarks 83 Bis Delegation Agreement Reference

Responsible NAA

Art 10(a) of Implementation Procedures

All applicable articles of Implementation Procedures in relation to approval of operator's CAMO

State of Operator NAA


Note: Oversight of other AMO-F maintenance organisation eventually used by the lessee is ensured by the competent authority issuing that AMO-F approval under EU regulatory system

Note: This includes oversight that operator in commercial air transport shall use only Part 145 Approved maintenance organisation under EU regulatory system.

Oversight of each Part 145 AM0 is ensured by the authority issuing that part 145 approval under EU regulatory system

Oversight of any other CAMO's used to recommend issuance of ARC or contracted by operator (Non CAT operation) for the management of continuing airworthiness is ensured by the competent authority issuing that CAMO approval under EU regulatory system

Responsibilities See above Maintenance Programme Art 10(a) of Implementation Procedures

I

See above State of Operator NAA

i

See above

Appendix B - Page 2 Edition no 1 rev. no 0 3 November .2010


APPENDIX B - Transfer of responsibilities Matrix 83Bis to 2042 Annex 1 Part M ICAO Reference

Part 1, 8.3 Annex 6,

Part M Requirement Detail Part M Requireme nt

Part 111,6.3

Reference

Annex 8, Part 11, Chapter 4

Not applicable to 83Bis agreement

I 1 I

M.B. 302

Annex 8, j Part 11,

State of Registry NAA

Note or remarks 83 Bis Delegation Agreement Reference

1 Exemptions granted under art. 14.4 of the Not applicable to 83Bis agreement basic Regulation

M.B. 303

Note: under Art 2 of Implementation Procedures State of hera tor NAA is

Responsible NAA

M.B. 304 State of Registry NAA

Aircraft Continuing Airworthiness Monitoring (ACAM)

requested to send as soon as possible information on art. 14.4 exemptions issued to State of Registry NAA Note: under Art 13. 14 and 15 of Art 13 of Implementation Procedure

I I

Revocation, Suspension and Limitation

Implementation ~rocedure co-operation between State of Registry and Operator NAA is reinforced in line with M.B. 105

Art 8, 13 and 14 of Implementation Procedure

provisions Note: Action will be taken on ARC as necessary by State of Registry NAA directly against findings resulting from its ACAM activities or following notification by State of Operator NAA of finding as resulting from its surveillance activities. Under art. 8 of Implementation Procedure, whenever the State of Operator NAA is aware or notified that a condition is in place that affect the continuing airworthiness of concerned aircraft or invalidate their Certificate of Airworthinesdrelated airworthiness review certificate, the State of Operator NAA is in any case allowed to prevent aircraft from resuming flights until appropriate actions are taken according to Part M provisions

I Edition no 1 rev. no 0 3 November .2010 Appendix B - Page 3


APPENDIX B - Transfer of responsibilities Matrix 83Bis to 2042 Annex 1 Part M I

I orbization located in stateof operator I See M. 1.2 1 M.B. 602 ( Initial Approval of AM0 -F organization I I State of Operator NAA ( See notes under M. 1.2 for other AMO-F

IC A 0 Reference

See M. 1.2

I organization located in State of operator I See M. 1.2 1 M.B. 604 [ Continued Oversight of AM0 -F approval / All applicable articles of Implementation I State of Operator NAA 1 See note under M. 1.2 for other AMO-F

Part M Requireme nt Reference M.B. 601


located in state of operator - Process of I See M. 1.2 1 M.B. 603 Issue of Apvroval of AM0 -F avvroval

( organization located in State of operator 1 I See M. 1.2 1 M.B. 606 1 Changes in relation to approval of AM0 - [ 1 State of Operator NAA 1 See note under M. 1.2 for other AMO-F


I State of ODerator NAA I See note under M.1.2 for other AMO-F

I organization located in State of o&&tor I Procedures

Responsible NAA Note or remarks

Application for AM0 -F approval

See M. 1.2 1 M.B. 605 1 Findings on AM0 -F approval

] organization located in state of operator 1 1 M.B. 701 1 Application for operator's CAM0 1 ( State of Operator NAA ( See note under M. 1.3 for other CAMO's

I State of Operator NAA I See note under M. 1.2 for other AMO-F

See M. 1.2

approval I M.B. 702 ( Initial Approval of operator's CAM0 - I State of Operator NAA 1 See note under M. 1.3 for other CAMO's

State of Overator NAA

Annex 6, Part I, Chapters 5

I

See notes under M. 1.2 for other AMO-F

M.B. 607

F approval organization-iocated in State of operator Revocation, Suspension and Limitation of Approval of AM0 -F approval

M.B. 703 M.B. 704

M.B. 705 M.B. 706

I Approval of operator's CAMO , Annex 8, 1 M.B. 901 1 Assessment of Recommendations by I Art 14 of Implementation Procedures 1 State of Registry NAA

I 8


Process of Issue of Approval of operator's CAM0 Continued Oversight of operator's CAMO

Findings on operator's CAM0 Changes in relation to approval of

I operator's CAM0 M.B. 707 1 Revocation. Susvension and Limitation of 1 Art 13 of Imvlementation Procedures I State of O~erator NAA I See note under M. 1.3 for other CAMO's

\ A 1 Edition no 1 rev. no 0 3 November .2010 Appendix B - Page 4 1

See note under M. 1.2 for other AMO-F

I Part 11, Chapter 3

All applicable articles of Implementation Procedures Art. 13 of Implementation Procedures

\ / Annex 8, M.B. 902 Airworthiness Review by Competent Art 14 of Implementation Procedures State of Registry NAA Competent Authority

State of Operator NAA State of Operator NAA

State of Operator NAA State of Operator NAA

- -

See note under M. 1.3 for other CAMO's See note under M. 1.3 for other CAMO's

See note under M. 1.3 for other CAMO's See note under M.1.3 for other CAMO's


ICAO Reference

Part 11, Chapter 3 Annex 8, Part 11, Chapter 3

Part M Requireme nt Reference

M.B. 903

I I I

Authority

APPENDIX B - Transfer of responsibilities Matrix 83Bis to 2042 Annex 1 Part M

State of Registry NAA


I Note: Action will be taken on ARC as necessary by State of Registry NAA directly against findings resulting h m its ACAM activities or following notification by State of Operator NAA of finding as resulting fiom its surveillance activities. Under Chapter VII, whenever the State of Operator NAA is aware or notified that a condition is in place that affect the continuing airworthiness of concerned aircraft or invalidate their Certificate of Airworthinesshlated airworthiness review certificate, the State of Operator NAA is in any case allowed to prevent aircraft from resuming flights until appropriate actions are taken according to Part M provisions


Responsible NAA

Findings

Note or remarks

Art 8, 13 and 14 of Implementation i Procedures

Edition no 1 rev. no 0

-=F-

3 November .2010 Appendix B - Page 5

ICAO Requ. F- IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA

APPENDIX C - RESPONSIBILITIES OF AUTHORITY OF STATE O F REGISTRY AND AUTHORITY OF STATE OF OPERATOR REGARDING AIRWORTHINESS AND OPERATION (Commercial Air Trans~or t )

Annex I, Annex 2, 1 Annex 6 Part I ' and III- Operational 1

. . (According to Chicago convention)

Requirement

Doc 9760, airworthiness

Description

Part B, Chapter 8 1

Operation Regulation (EU OPSl and JAR OPS 3) and Part M Requirement

State of Registry NAA responsibility

Annex 6. Part I, 5.2.3 and 5.2.4

Part 111'32.3 and 3.2.4

State of Operator NAA responsibility

Operation of aircraft in compliance with its Certificate of Airworthiness

83 Bis Delegation Agreement Reference - Note or remarks

L

and JAROPS 3 Ensures that the operational and crew member licensing requirements of the State of Registry are known to both State of Operator and operator

Part M Section B Subpart G M.A.303 Airworthiness Directives I M.A.708 Continuing airworthiness ! management I

Part M Section A Subpart C - M.A.303

M.A.709 Documentation EU OPS INAR OPS 3 t I

I

Ensure that State of Operator and the operator receives all applicable mandatory continuing airworthiness information

Part M Section B Subpart G

Part M Section A Subpart G i

Ensures that the operator complies with relevant operational requirements and employs crew members holding appropriately rated and valid licenselattestation issued, recognised or validated by State of Registry Authority

Ensures that the operator complies with mandatory continuing airworthiness information diffisedltransmitted by State of Registry Authority. Assumes State of Registry's responsibility as defined in 5.2.4 of Annex 6, Part I.

Automatically ensured through adoption of common rules by virtue of I% Treaty and former JAA membership

Article 12

Article 8

Article 12

\ j (CofA) I j

A M ~ X 6, Part 1 Operator's 1 M.B.701 Application 1 I Ensures that the responsibilities are I I, Chapter 8, 1 maintenance

2 responsibilitie s

M.B.702 1;itial Approval i I

M.A.704 Continuing airworthiness management exposition

contained in the Operator's Continuing Management Exposition (CAME)

Appendix C - Page 1 Edition no 1 rev. no 0

All articles of the Agreement and in particular Article 8 and 10

-- -

3 November.20 10

IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA APPENDIX C - RESPONSIBILITIES O F AUTHORITY O F STATE OF REGISTRY AND AUTHORITY OF STATE OF OPERATOR REGARDING

AIRWORTHINESS AND OPERATION (Commercial Air Transport)

I

Chapter 6,6.1

- 7

(According to Chicago convention)

Annex 6, Part Operator's M.B.702 Initial Approval I, 8.1.2 Part maintenance 111, Chapter 6, responsibilitie M.A.2010 Responsibilities 6.1.2 s M.A.708(c) Continuing airworthiness

Annex 6, Part I, 8.2.1 to 8.2.4 Part 111, Chapter 6, 6.2.1 to 6.2.4 Annex 6, Part I, Chapter 8, 8.3

Part 111, Chapter 6,6.3

Annex 6, Part I, 8.4.1 to 8.4.3

Part 111, Chapter 6,6.4 e 6.8

Description

1 management Operator's I M.B.701 Application


maintenance M.B.702 1n;;ial Approval control manual M.A.704 Continuing airworthiness (MCM). management exposition


Operation Regulation (EU OPSl and JAR OPS 3) and Part M Requirement

Maintenance M.B.30 1 Maintenance Programme


M.B.701 Application M.B.702 Initial Approval

M.A.302 Maintenance Programme M.A.704 Continuing airworthiness management exposition M.A.708(b)l & 2 Continuing airworthiness management -

I development and approval I Maintenance I M.B.303 Aircraft continuing 1 Possibility to inspect maintenance records airworthiness monitoring 1 records and documents.

! M.B.901 Assessment recommendations

M.B.902 Airworthiness review by the competent authority

Ensures that the maintenance organizations used by the operator are approved in accordance with Article 10 (b) Parte 145.

Ensures that guidance is contained in the CAME, approves the CAME and ensures transmission of a copy to State of Registry Authority.

Approves the Operator's Maintenance Programme

Ensures that the maintenance programme responsibilities and the development procedures are contained in the CAME.

1 Article 8 and 10

Article 10 (a)

Article 11

Edition no 1 rev. no 0 3 November.2010 Appendix C - Page 2

-7-

M.B.701 Application M.B.702 Initial Approval

IMPLEMENTATION PROCEDURES T O AGREEMENT ENAC-AESA APPENDIX C - RESPONSIBILITIES OF AUTHORITY O F STATE O F REGISTRY AND AUTHORITY O F STATE OF OPERATOR REGARDING

AIRWORTHINESS AND OPERATION (Commercial Air Transport) (According to Chicago Convention)

M.A.7 14 Record-keeping M.A.305 Aircraft continuing airworthiness record system M.A.306 Operator's technical log

I I I system

ICAO Reqa. Ref.

1,8.5.1 to airworthiness information


Part 111, Chapter 6, 6.5.1 & 6.5.2


Ensure that records are kept in accordance with 8.4.1 to 8.4.3 of Annex 6, Part I, and inspects in accordance with the requirements of the Part M and AOC.


Description Operation Regulation (EU OPSl and JAR OPS 3) and Part M Requirement

M.B.301 Maintenance Programme M.B.701 Application requirements of State of Registry M.B.702 Initial Approval and State of Operator are complied

with and adequate procedures are M.A.302 Maintenance Programme incorporated in the CAME. M.A.40 1 Maintenance data M.A.704 Continuing airworthiness management exposition M.A.708 Continuing airworthiness

of Design and of Manufacture. Articles 4,5,6,7 and 9

I

,

EU regulation 2 16Q008; 1702/2003, 2042i2003 as revised

Evidence that the airworthiness requirements of State of Registry are known to both State of Operator and operator is automatically ensured

I 1 through adoption of common rules by virtue of EU Treaty

IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA APPENDIX C - RESPONSIBlLlTlES OF AUTHORITY OF STATE OF REGISTRY AND AUTHORlTY O F STATE OF OPERATOR REGARDING

AIRWORTHINESS AND OPERATION (Commercial Air Transport) (According to Chicago Convention)

I ICAO Requ. Description Operation Regulation (EU OPSl State of Registry NAA State of Operator NAA 1 83 Bis Delegation Agreement and JAR OPS 3) and Part M responsibility responsibility 1 Reference - Note or remarks Requirement

10-A. DOC 9642, Part VIII, Attachment A,

Part 111, Chapter 6,6.6

management exposition contained in the CAME and M.A.708 (b)3 - Continuing approve the CAME. airworthiness management - Modification and repairs

M.A.710 (a)6 - Airworthiness review - Modification and repairs

I

Verifies that they have been previously approved by the States of Design and of Manuhcture.

f

A fl

C h

\ N G - - '

organizations used by the operator are approved in accordance with Parte 145, and that procedures are contained in the CAME and approves the CAME.

Annex 6, Part I, 8.7

Part 111,

Ea;wr69

Annex 6, Part

Approved maintenance organization and maintenance release

Maintenance

EU regulation 216/2008,2042/2003 as revised

Part 145 requirements

M.B.702 Initial Approval

M.A.ZOl(h) Responsibilities M.A.708(c) Continuing airworthiness management

Part 145.A.50 requirement

Compliance with ICAO provisions are automatically ensured through adoption of common rules on maintenanceorganizationapproval for commercial air transportation by virtue of EU Treaty

Article 10

Ensures that the maintenance organization approval requirements of State of Registry are known to both State of Operator and operator: automatically ensured through adoption of common rules by virtue of EU Treaty

i Approval of the opetator's maintenance organization and procedures in accordance with 8.7 and 8.8 of Annex 6, Part I or Chapter 6,6.1.2,Part 111,.

Ensures that the maintenance

Agreement between the Civil Aviation Authority of Spain (Am A) and t h e Civil Aviation 'Autlzority of U,c I h t i r p Republic (Entc Nazfonale per IiAvia.zione Civile) on the irnple#ncntatioe or article ~ 3 ~ " of the Convention on Internatioeaf Civil Aviation (ICAO) r03. the transfer of srrrveillanee respoiisi bilities (operations, inaintenancc rnd continuing ainvorthi~tes) Tor aircraft OPcrlted under day leasing eontracts

For the ENTE NAZION ALE PER L'A~IAZIONE C~VICE ENAC: Date: il February 201 1

Schedule I A

Schedule of EC- Rcgistercd Aircraft Types and Italian Operator

For the AGENCIA ESTATAL DE SEGUR~DAD AEREA (AESA):

Aircraft TY pe

A W 1 3 9 ,

Scriul No.

31107

..I I ...... . ... ... -. - . Ihlian Operator

INAER AVIATION

I T A LTA

Reg. Marks

EC-K1,C

! . L Agreement Initiation

Date

4$/02/20 ! 1

Agreement Expiry Date

15/11l20 1 1

AESA and ENAC Offices in charge of daily implementatioti of the agreement

ElVAC Dirwiont: Operazioni Milan and [AESA Structure] as detaiicd in Appendix A of Jmplernentation Procedurm to

'

ENAC-ABSA Agreement

Agreement between the Civil Aviation Authority of Spain (AESA) and the Civil Aviation Authority of the Italian Republic (Ente Nazionale per I'Aviazione Civile) on the implementation of article 83h's of the Convention on international Civil Aviation (ICA

Documents

AGENCIA ESTATA T P'ALt PER CAWOM CMlE › secretariat › legal › 83bis › 4929-E.pdfLVE T '2I - P'ALt PER CAWOM CMlE rn AESA AGENCIA ESTATA DE SEGunlDADAknEA Agreement between