CIVAIR: GOI ON EASA AND BILATERAL SAFETY AGREEMENT

UNCLAS ROME 005749

SIPDIS


MONTREAL PLEASE PASS TO US MISSION TO ICAO

E.O. 12958: N/A
TAGS: EAIR ECON IT FAA AVIATION
SUBJECT: CIVAIR: GOI ON EASA AND BILATERAL SAFETY AGREEMENT

REF: A. SECSTATE 267840


B. ROME 4579


1. This is an action request, please see paragraph 3.


2. Embassy received Italian diplomatic note 180/7347, dated
December 9, 2003. The note, expected as a follow-up to ref
B, includes a letter from the Ministry of Transport,
addressing ref A concerns over the implications of the new
European Aviation Safety Agency (EASA) for the existing
bilateral aviation safety agreement. The GOI proposes to
begin the transfer of some safety regulatory authority to
EASA, which will require the repeal of portions of the
bilateral agreement while ensuring that the agreement itself
remains operational. The text of the GOI message is included
in paragraph 4.


3. ACTION REQUEST: Embassy requests Department approval or
disapproval of the modifications outlined by the GOI, so that
any objections may be transmitted to appropriate GOI
authorities as soon as possible in the new year. END ACTION
REQUEST.


4. BEGIN TEXT:

Reference is made to the U.S. Bilateral Safety Agreement
signed in Rome on 27 October 1999, hereafter called the
Agreement, in particular to its provisions related to the
notification of significant changes in the aviation safety
systems of either party.

The European Community has adopted on 15 July 2002 a European
Parliament and Council Regulation on common rules in the
field of civil aviation safety and establishing a European
Aviation Safety Agency (hereafter called the Agency),which
creates Community competence in various fields related to the
regulation of civil aviation environmental compatibility.
This regulation entered into force on 28 September 2002. It
requires the European Commission to adopt rules for its
implementation and establishes the Agency to assist the
Commission and to execute itself several certification tasks.
It finally foresees that the Agency shall undertake these
certification tasks from 28 September 2003.

Rules for the implementation on the EASA regulation have been
adopted. They cover the certification of aeronautical
products and their continued airworthiness, including
maintenance. These rules are directly applicable in all
Member States and supersede those specified in the Agreement
from their date of entry into force on 28 September 2003. As
for their implementation, the Agency is in charge of the
approval of new designs and the continuing oversight of
products currently designed, manufactured and operated by
European organizations or persons. The provisions also
encompass the approval and oversight of organizations and
manufacture and maintenance of products used by European
operators.

As a consequence, we thereby notify that:

- from the date of entry into force on 28 September 2003, the
applicable requirements for the certification and continuing
airworthiness of products covered by the Agreement and
Implementation Procedures Airworthiness, are those adopted by
the Commission, except for products which are excluded from
the scope of the EASA regulation, listed in attachment 1, or
whose transfer has been delayed until the Agency has issued
their reference type certificate, listed in Attachment 2;

- from 28 September 2003, the Agency shall be the body in
charge of the implementation of the provisions of the
Agreement, including its implementation procedures, related
to:

- the harmonization of requirements for products
certification and continued airworthiness;

- the issuance of type certificates to, and the continued
airworthiness of products covered by the Agreement, except
those listed in Attachments 1 and 2;

- the approval of design changes.

To ensure the necessary continuity of expertise, it has been
agreed with the Agency that the certification, continued
airworthiness of products and design changes for which Italy

is State of Design under the Agreement, will continue to be
ensured on its behalf by the Ente Nazionale per l,Aviazione
Civile (ENAC).

If these arrangements meet your consent, the Government of
Italy would appreciate the Government of the United States
confirmation that you will allow the continuation of the
Agreement. To ensure also the compatibility of such
continuation with the provisions of Article 9 of the EASA
Regulation, confirmation of the Government of the United
States, commitment to conduct negotiations with the European
Commission with the view to conclude on aviation safety
agreement and to implement the associated confidence building
programs is necessary. To that end, it shall be understood
that entry into force of the provisions of such an agreement
would entail the repeal of the relevant provisions of the
bilateral agreement between our two countries.

ATTACHMENT 1
--------------

Italian products in the U.S. for which Italy will retain the
State of Design authority and not transfer to EASA under
Article 7.(2) in accordance with the criteria of Annex II of
the EASA Regulation.

Aer Pegaso M100 TCDS No. G6EU

Aeromere Falco F8L TCDS No. 7A11

Aeronautica Macchi, SpA AL60 (LASA60) TCDS No. 7A12
AL60-B
AL60-F5
AL60-C5

Aeronautica Macchi, SpA AM3 TCDS No. A19EU

Caproni Calif A21 TCDS No. G29EU
Calif A21S

Nardi FN333 TCDS No. 7A5

Procaer F15/B TCDS No. A11N
F15/C

Procaer F15/E TCDS No. A28EU

Sezione Sperimentale
Volo a Vela EC40 TCDS No. G3EU

Piaggio PD 808/526 TCDS No. A12EU

Silvercraft SH4 TCDS No. H2EU

Agusta AB 102 7H3
AS-G1/N/1 H11EU

AERMACCHI S211A A86EU


ATTACHMENT 2
--------------

Italian products whose transfer to EASA authority is delayed:

General Avia F20 A38EU
F22B/C/R A75EU

AERMACCHI S205 Serie A9EU
S208 Serie A9EU

Agusta S2/0 A25EU (Siai
Marchetti)

END TEXT.
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2003ROME05749 - Classification: UNCLASSIFIED