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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
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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,
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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,
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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,
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- 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
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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.
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(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.
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(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;
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- 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:
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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
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LIST OF EFFECTIVE PAGES
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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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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,
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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
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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
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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
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3 November 20 10
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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.
Edition no 1 rev. no 0 3 November 20 10 Page 17
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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.
Edition no 1 rev. no 0 3 November 20 10 Page 20
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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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
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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
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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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
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IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
Part M Requirement Detail
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
83 Bis Delegation Agreement Reference
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
State of Operator NAA
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
-
IMPLEMENTATION PROCEDURES TO AGREEMENT ENAC-AESA
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
Part M Requirement Detail
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
83 Bis Delegation Agreement Reference
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
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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
State of Operator NAA responsibility
maintenance M.B.702 1n;;ial Approval control manual M.A.704 Continuing airworthiness (MCM). management exposition
83 Bis Delegation Agreement Reference - Note or remarks
Operation Regulation (EU OPSl and JAR OPS 3) and Part M Requirement
Maintenance M.B.30 1 Maintenance Programme
State of Registry NAA responsibility
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
State of Operator NAA responsibility
Part 111, Chapter 6, 6.5.1 & 6.5.2
83 Bis Delegation Agreement Reference - Note or remarks
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.
State of Registry NAA responsibility
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