cooperation arrangement on mutual acceptance of parts

COOPERATION ARRANGEMENT ON MUTUAL ACCEPTANCE OF PARTS MANUFACTURER APPROVALS BETWEEN CIVIL AVIATION ADMINISTRATION OF CHINA AND CIVIL AVIATION DEPARTMENT, HONG KONG , CHINA whereas
• each Authority has considered that the standards and systems of the
other Authority for the certification of aircraft parts are sufficiently
equivalent to its own to make a cooperation arrangement practicable;
and
• in the
therefore , without prejudice to the obligation of each Authority under its
own regulations , the Authorities have decided to enter into this Cooperation
Arrangement with a view to:
produced by the other Authority;
• providing for the procedures between the Authorities for the above
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• facilitating the acceptance by the U ser Authority of the aircraft parts
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interest of promoting aviation safety and with a view to fostering
cooperation and assistance between the Authorities in achieving
common safety objectives , establishing and rnaintaining airworthiness
standards and certification systems of aircraft parts which are as similar
to those of the other Authority as practicable and cooperating in the
reduction of the economic burden on aviation industries and operators
ansmg 企om repetitive technical evaluations , tests and inspections in
relation to aircraft parts;
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The Civil Aviation Administration of China (CAAC) and the Civil
Aviation Department , Hong Kong , China (CAD) (each of them hereinafter
referred to as the "Authority" or collectively the "Authorities") ,
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and for facilitating the management of the emerging trend
iltowardworldwide design, manufacture, and interchange ofaircraaparts|
involving the joint interests of the Authorities in airworthiness
certification; and
•
facilitating the cooperation between the Authorities for the purposes of
sustaining aviation safety.
Definitions
1. 1
F or the purpose of this Cooperation Arrangement:
"Critical" in relation to a class of parts , appliances ,
characteristics , processes , maintenance procedures , or
inspections , means the parts , appliances , characteristics ,
processes , maintenance procedures , or inspections of which a
failure , omission or non-conformance may cause a significant
degradation of the airworthiness of the relevant aircraft
product during all phases of operation of the relevant aircraft.
"Critical part" has the meaning defined in 1. 2 below.
"Non-critical part" means any aircraft part other than a
critical part.
iii
"Parts Manufacturer Approval" means the design and
production approval issued for the production of modification
or replacement parts of an aircraft (including materials , parts ,
processes , and appliances) in accordance with the Chapter 8 of
"CCAR-21 Certification Procedures for Civil Aviation
Products and Parts 11 or Subpart K of "ID之AR-21 Certification
of Aircra丘 and Related Products , Parts and Appliances , and of
Design and Production Organisations" requirements.
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"Producer authority" means the Authority that issues the
Parts Manufacturer Approvals under the prOVlS lO ns of this
Cooperation Arrangement.
"Product" means an aircra缸, aircraft engine , or propeller.
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"User authority" means the Authority regulating the
accept副lce of aircraft parts under the proVls lO ns of this
Cooperation Arrangement.
1. 2
For the avoidance of doubt, it is hereby declared that
classification of an aircraft part as either critical or non-critical
is supported by a failure mode and effects assessment.
Effects assessment shall include at least the following:
(a) :ftbRjrywt.-lb
a qualitative assessment of failure modes and effects , in
which the part criticality will be noted and the following
will be considered:
.
the effect of characteristics , processes , maintenance
procedures , or inspections when there is a failure ,
omlss lO n , or nonωconformance of the part concemed;
and
• the effect of operating outside the part application or
intended environment;
(b) the assessment of the effect of part failure on the next
higher assembly and its performance; and
( c ) the assessment of the effect on the product, affected by
installation of the p訂t, and its performance if the next
higher assembly fails.
If, by virtue of the above assessment, an unsafe condition is
found in respect of an aircraft pa此, such 戶口 will amount to a
"critical part".
2
Scope
This. Cooperation Arrangement covers:
a. the acceptance by CAAC of "non-critical parts" produced
under the HKAR-21 , Subpart K , Parts Manufacturer
Approval;
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the acceptance by CAD of "non-critical parts" produced under
the CCAR-21 , Chapter 8, Parts Manufacturer Approval;
c. the exchange of information between the Authorities regarding
certification of aircraft parts; and
d. the cooperation between the Authorities in providing each
other with the technical evaluations and assistance in relation
to aircraft parts.
Acceptance of "non-critical" Parts Manufacturer Approval
parts
3.1 Provided that each newly manufactured non-critical part is
delivered to Mainland China with a certification in the form of
a CAD Form One , issued in accordance with the HKAR-21
Subpart K Parts Manufacturer Approval granted by CAD
under the Air Navigation (Hong Kong) Order 1995 as
amended from time to time , stating that the aircraft part
conforms with the CAD approved design and is in a condition
for safe operation , CAAC wiU accept that certification as if it
had made the relevant technical evaluations , tests and
inspection itsel f.
3.2 Provided that each newly manufactured non-critical part is
delivered to the Hong Kong Special Administrative Region ,
China with a certification in the form of Form AAC-038 ,
issued in accordance with the CCAR-21 Chapter 8 Parts
Manufacturer Approval granted by the CAAC under the Civil
A viation Law of The People's Republic of China as amended
from time to time , stating that the aircraft part conforms with
the CAAC approved design and is in a condition for safe
operation , CAD will accept that certification as if it had made
the relevant technical evaluations , tests and inspection itsel f.
4
Mutual Cooperation and Assistance
4 .1
In respect of a Parts Manufacturer Approval issued by a
Producer Authority , the Producer Authority shall on written
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requestassist the User Authority in detennining whether the
design of changes or repairs made under the control of the
User Authority , comply with the airworthiness standards under
which such aircraft parts were originally approved by the
Producer Authority.
4.2 Each Authority shall provide and update the other Authority
from time to time of all its relevant airworthiness laws ,
regulations , standards and requirements , and of its
alrwor吐lÌness certification system.
4.3 Each Authority shall as soon as practicable notify the other
Authority of proposed significant revisions to its standards and
system for airworthiness certification or approval; offer the
other Authority an opportunity to comment and give due
consideration to the comments made by the other Authority on
the intended revisions.
4 .4
Each Authority shall as soon as practicable notify the other
Authority of proposed revísions to certification procedures for
aircraft parts covered by this Cooperation Arrangement.
4.5 The Authorities shall provide to each other such technical
evaluation assistance, upon written request, to further the
pu中oses and objectives of this Cooperation Arrangement as
they agree is appropriate.
5
Notification of Non-compliance
Each Authority shall:
a. forthwith notify the other Authority in writing of any material
non-compliance , by any Parts Manufacturer Approval holder ,
with any regulation or any condition made in accordance with
or relating to this Cooperation Arrangement; and
b. promptly advise the other Authority in writing of any
investigation or enforcement action , including revocation ,
suspension or change of scope of approval made by it in
respect of any Parts Manufacturer Approval mutually accepted
iI Page 5 of7
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by both Authorities pursuant to this Cooperation Arrangement.
6
Interpretation
In the case of conflicting interpretations of the airworthiness criteria
prescribed by the User Authority pertaining to an acceptance under
this Cooperation Arr angement , the interpretation of the User
Authority shall prevai l.
7
Implementation
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7.1 The Authorities shall endeavour to develop a mutually agreed
schedule of implementation procedures for this Cooperation
Arrangement.
7.2 Wh en such a schedule has been agreed between the
Authorities , this Cooperation Arrangement shall be
implemented in accordance with the implementation
procedures set out therein.
7.3 8
The Authorities shall jointly review such schedule 企om time
to time and may amend it as appropriate by written agreement.
Entry into Force
This Cooperation Arrangement shall enter mto force upon the
signature by both Authorities.
9
Termination
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Either Authority may at any time give written notice to the other
Authority , of its decision to terminate this Cooperation Arrangement.
This Cooperation Arrangement shall terminate twelve months
following the date of receipt by the other Authority of that notice ,
unless the said notice of termination has been withdrawn by mutual
agreement before the expiry of such period.
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Signed in (;t如何必斗的
Administration of China
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on ( 13 .tiï伊 ~(4) on b伽lf of Civil Aviation
孩 令 l島
Director General of Aircratk Airworthiness Certification Department, Civil
A viation Administration of China
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and on behalf ofCivil Aviation Department ofHong Kong , China
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