NEW US-EC AGREEMENT AFFECTING AIRCRAFT PARTS

By Jason Dickstein

Welcome to a bold new era of aerospace transactions between Europe and the United States. The United States and the European Community (EC) have signed a new Bilateral Aviation Safety Agreement (BASA) that replaces existing agreements between the U.S. and certain European nations and replaces it with an agreement that spans the entire European Community. Prior to the new agreement, the U.S. had several agreements with EC member nations, and other nations accepted U.S. -sourced aircraft parts as if they were also parties to those agreements. This new BASA clarifies the legal status of transactions that occur between the majority of the EC and the United States.

In some cases, the new agreement will make no changes to the status quo. For some categories, it may reflect some minor changes in the way that companies do business. Purchasers in both the U.S. and in Europe need to be aware of the requirements mandated by the new agreement. Before installing any part that was imported from the U.S. or Europe, installers need to confirm that the part complies with the rules established by the agreement, as well as the domestic airworthiness rules that apply to the aircraft based on country of registry.

Requirements for Parts Imported Into the U. S. What should you expect if you are located in the U.S. and buying parts made under European production authority? You should expect to see an EASA Form One with the part or product. In some cases, where an EASA Form One is mentioned, it is also possible to see a JAA Form One if the article was tagged before the change-over to EASA Form One. Previously, the U.S. had not agreed to accept EASA Form Ones issued in any nation other than the six original BASA nations in Europe, although normal practice dictated that other EASA Form Ones would be accepted for airworthiness certification when issued elsewhere. The new standard extends privileges across the European Community, although it is important to look at the details because different European nations may have subtly different requirements. For example, Romania has authority to export sail planes and very light aircraft to the U.S. (and the U.S. would accept the EASA certifications for such aircraft) but not to export transport category aircraft to the U.S. (that is, the U.S. would not be obliged to accept the airworthiness documentation for such an airplane from Romania).

Where the U.S. accepts an EASA Form One, it will also usually accept a JAA Form One that was issued before September 28, 2005. For any new aircraft there will be an EASA Form 27 certificate for the aircraft. For any new aircraft engine or propeller there will be an EASA Form One certificate on the engine or propeller. This certificate verifies conformity to approved design as well as verifying that the product is in a condition for safe operation (including compliance with all airworthiness directives).  All new aircraft engines and propellers shall have an EASA Form One attached with the following statement: “The [INSERT Aircraft Engine or Propeller Model] covered by this certificate conforms to the type designs approved under U.S. Type Certificate Number [INSERT TYPE CERTIFICATE NUMBER and REVISION LEVEL], is found to be in a condition for safe operation and has undergone a final operational check.” MORE ONLINE

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