TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12992

AVIATION

Safety


Agreement Between the
UNITED STATES OF AMERICA
and DENMARK

Signed at Copenhagen November 6, 1998


NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

DENMARK

Aviation: Safety

Agreement signed at Copenhagen November 6, 1998;
Entered into force November 6, 1998.

Agreement between the Government of the
Kingdom of Denmark and the Government of
the United States of America for Promotion of
Aviation Safety
The Government of the Kingdom of Denmark and
the Government of the United States of America,
hereinafter referred to as the Contracting Parties,
Desiring to promote aviation safety and environ-
mental quality,
Noting common interests for the safe operation of
civil aircraft,
Recognizing the emerging trend toward multinati-
onal design, production, and interchange of civil
aeronautical products,
Desiring to enhance cooperation and increase effi-
ciency in matters relating to civil aviation safety,
Considering the possible reduction of the economic
burden imposed on the aviation industry and ope-
rators by redundant technical inspections, evaluati-
ons, and testing,
Recognizing the mutual benefit of improved proce-
dures for the reciprocal acceptance of airworthiness
approvals, environmental testing, and development
of reciprocal recognition procedures for approval
and monitoring of flight simulators, aircraft mainte-
nance facilities, maintenance personnel, airmen, and
flight operations,
2
Have agreed as follows:
Purposes
Article I
A. The Contracting Parties agree:
1. To facilitate acceptance by each Contracting Party
of the other Contracting Party's (a) airworthiness
approvals and environmental testing and approval
of civil aeronautical products, and (b) qualification
evaluations of flight simulators;
2. To facilitate acceptance by the Contracting Par-
ties of the approvals and monitoring of maintenan-
ce facilities and alteration or modification facilities,
maintenance personnel, airmen, aviation training
establishments, and flight operations of the other
Contracting Party;
3. To provide for cooperation in sustaining an equi-
valent level of safety and environmental objectives
with respect to aviation safety.
B. Each Contracting Party shall designate its civil
aviation authority as the executive agent to imple-
ment this Agreement For the United States of
America, the executive agent shall be the Federal
Aviation Administration (FAA) of the Department
of Transportation. For the Government of Den-
mark, the executive agent shall be Statens Luftfartsvaesen (SLV), i.e. The Danish Civil Aviation
Administration.
3
Definitions
Article II
For the purposes of this Agreement:
A. "Airworthiness approval" means a finding that
the design or change to a design of a civil aeronauti-
cal product meets standards agreed between the
Contracting Parties or that a product conforms to a
design that has been found to meet those standards,
and is in a condition for safe operation.
B. "Alterations or modifications" means making a
change to the construction, configuration, perfor-
mance, environmental characteristics, or operating
limitations of the affected civil aeronautical product.
C. "Approval of flight operations" means the tech-
nical inspections and evaluations conducted by a
Contracting Party, using standards agreed between
the Contracting Parties, of an entity providing
commercial air transportation of passengers or car-
go, or the finding that the entity complies with tho-
se standards.
D. "Civil aeronautical product" means any civil
aircraft, aircraft engine, or propeller or subassembly,
appliance, material, part or component to be in-
stalled thereon.
E. "Environmental approval" means a finding that
a civil aeronautical product complies with standards
agreed between the Contracting Parties concerning
noise and/or exhaust emissions. "Environmental
testing" means a process by which a civil aeronauti-
4
cal product is evaluated for compliance with those
standards, using procedures agreed between the
Contracting Parties.
F. "Flight simulator qualification evaluations"
means the process by which a flight simulator is
assessed by comparison to the aircraft it simulates,
in accordance with standards agreed between the
Contracting Parties, or the finding that it complies
with those standards.
G. "Maintenance" means the performance of in-
spection, overhaul, repair, preservation, and the
replacement of parts, materials, appliances, or com-
ponents of a civil aeronautical product to assure the
continued airworthiness of that product, but exclu-
des alterations or modifications.
H. "Monitoring" means the periodic surveillance by
a Contracting Party's civil aviation authority to de-
termine continuing compliance with the appropriate
standards.
I. "Crew" means pilots, flight engineers, flight ra-
dio operators, flight navigators and flight attendants.
Scope
Article III
A. The Contracting Parties' civil aviation authorities
shall conduct technical assessments and work
cooperatively to develop an understanding of each
other's standards and systems in the following areas:
1. Airworthiness approvals of civil aeronautical
products;
2. Environmental approval and environmental
testing;
3. Approval of maintenance facilities, maintenance
personnel, and airmen;
4. Approval of flight operations;
5. Evaluation and qualification of flight simulators;
and
6. Approval of aviation training establishments.
B. When the civil aviation authorities of the Con-
tracting Parties agree that the standards, rules, prac-
tices, procedures, and systems of both Contracting
Parties in one of the technical specialties listed in
paragraph (A) of this Article are sufficiently equiva-
lent or compatible to permit acceptance of findings
of compliance made by one Contracting Party for
the other Contracting Party to the agreed-upon
standards, the civil aviation authorities shall execute
written Implementation Procedures describing the
methods by which such reciprocal acceptance shall
be made with respect to that technical specialty.
C. The Implementation Procedures shall include at
a minimum:
6
1. Definitions;
2. A description of the scope of the particular area
of civil aviation to be addressed;
3. Provisions for reciprocal acceptance of civil avia-
tion authority actions such as test witnessing, in-
spections, qualifications, approvals and certificati-
ons;
4. Accountability;
5. Provisions for mutual cooperation and technical
assistance;
6. Provisions for periodic evaluations; and
7. Provisions for amendments to or termination of
the Implementation Procedures.
Dispute settlementArticle
IV
Any disagreement regarding the interpretation or
application of this Agreement or its Implementation
Procedures shall be resolved by consultation be-
tween the Contracting Parties or their civil aviation
authorities, respectively.
Entry into force, termination, and amendment
Article V
This Agreement shall enter into force upon signatu-
re and shall remain in force until terminated by
either Contracting Party. Such termination shall be
effected by sixty days' written notification to the
other Contracting Party. Such termination will also
act to terminate all existing Implementation Proce-
7
dures executed in accordance with this Agreement.
This Agreement may be amended by the written
Agreement of the Contracting Parties. Individual
Implementation Procedures may be terminated or
amended by the civil aviation authorities in accor-
dance with provisions developed pursuant to Article
III, section C.7.
Other Agreements
Article VI
If, after entry into force of this Agreement, the
provisions of another Agreement that address mat-
ters covered by this Agreement become applicable,
the Contracting Parties shall consult to determine
the extent to which this Agreement should be revi-
sed to take into account the other Agreement.
The 1982 Agreement
Article VII
The Agreement for reciprocal acceptance of
airworthiness certifications, effected by exchange of
notes at Washington, on January 6, 1982, shall re-
main in force until terminated by an exchange of
notes following completion by the Contracting
Parties' civil aviation authorities of the technical
assessments and Implementation Procedures con-
cerning airworthiness certification, as described in
Article III. In the event of any inconsistency be-
tween the Agreement of January 6, 1982, and this
present Agreement, the Contracting Parties shall
consult.
8
In witness whereof, the undersigned, being duly
authorized by their respective Governments, have
signed this Agreement
Done at Copenhagen on this the 6th day of
November 1998, in duplicate, each in the English
and Danish languages, both texts being equally
authentic.
FOR THE GOVERNMENT OF THE UNITED
STATES OF AMERICA:
FOR THE GOVERNMENT OF THE
KINGDOM OF DENMARK