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19.10.2011 Official
Journal
of
the
European
Union
L
273/3
AGREEMENT
between the European Union and the Government of the Federative Republic of Brazil on civil
aviation safety
The EUROPEAN UNION
of the one part,
and the Government of the FEDERATIVE REPUBLIC OF BRAZIL
of the other part,
hereinafter referred to collectively as ‘the Parties’,
CONSIDERING that each Party has determined that the standards and systems of the other Party for the airworthiness
and environmental certification or acceptance of Civil Aeronautical Products are sufficiently equivalent to its own to make
an agreement practicable,
RECOGNISING the emerging trend toward multinational design, production, and interchange of Civil Aeronautical
Products,
DESIRING to promote civil aviation safety and environmental quality and compatibility and facilitate the exchange of
Civil Aeronautical Products,
DESIRING to enhance cooperation and increase efficiency in matters relating to civil aviation safety,
CONSIDERING that their cooperation can positively contribute in encouraging greater international harmonization of
standards and processes,
CONSIDERING the possible reduction of the economic burden imposed on the aviation industry and operators by
redundant technical inspections, evaluations, and testing,
RECOGNISING the mutual benefit of improved procedures for the reciprocal acceptance of approvals and testing as
regards airworthiness, environmental protection and continuing airworthiness,
RECOGNISING that any such reciprocal acceptance needs to offer an assurance of conformity with applicable technical
regulations or standards equivalent to the assurance offered by a Party’s own procedures,
RECOGNISING that any such reciprocal acceptance also requires confidence by each Party in the continued reliability of
the other Party’s conformity assessments,
COMMITTED to developing a comprehensive system of regulatory cooperation in civil aviation safety and environmental
testing and approvals based on continuous communication and mutual confidence,
RECOGNISING the respective commitments of the Parties under bilateral, regional and multilateral agreements dealing
with civil aviation safety and environmental compatibility,
HAVE AGREED AS FOLLOWS:
Article 1
(b) To allow the Parties to adapt to the emerging trend toward
multinational design, manufacture, maintenance, and inter
Objectives
change of Civil Aeronautical Products, involving the
The objectives of this Agreement are:
common interests of the Parties concerning civil aviation
safety and environmental quality.
(a) To establish, consistent with the legislation in force within
(c) To promote cooperation toward sustaining safety and envi
each Party, principles and arrangements in order to enable
ronmental quality objectives.
the reciprocal acceptance of approvals issued by either
Party’s Competent Authorities in the fields covered by this
(d) To promote and facilitate the continuing exchange of Civil
Agreement, as detailed in Article 4.
Aeronautical Products and services.

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L 273/4
EN
Official Journal of the European Union
19.10.2011
Article 2
Article 3
Definitions
General Obligations
The following terms and definitions shall apply to this
1. Each
Party
shall,
as
specified
in
the
Annexes
to
this
Agreement:
Agreement, which form an integral part thereof, accept or
recognise results of specified procedures, used in assessing
conformity with specified legislative, regulatory, and
(a) ‘Airworthiness Approval’ means a finding that the design or
administrative measures of that Party, produced by the other
change to a design of a Civil Aeronautical Product meets
Party’s Competent Authorities, with the understanding that the
conformity assessment procedures utilised assure conformity to
airworthiness standards established by the applicable
the satisfaction of the receiving Party, with applicable legislative,
legislation in force in either Party or that a product
regulatory and administrative measures of that Party, equivalent
conforms to a design that has been found to meet those
to the assurance offered by the receiving Party’s own
standards and is in a condition of safe operation.
procedures.
(b) ‘Civil Aeronautical Product’ means any civil aircraft, aircraft
2. Paragraph
1
of
this
Article
shall
only
apply
when
transi
engine, or aircraft propeller or sub-assembly, appliance, or
tional arrangements, which may be set out in the Annexes to
part, installed or to be installed thereon.
this Agreement, have been completed.
(c) ‘Competent Authority’ means a government agency or
3. This
Agreement
shall
not
be
construed
to
entail
reciprocal
entity that is designated as a Competent Authority by a
acceptance of standards or technical regulations of the Parties
Party for the purposes of this Agreement, that exercises a
and, unless otherwise specified in this Agreement, shall not
legal right to assess conformity of, to monitor and to
entail the mutual recognition of the equivalence of standards
control the use or sale of, Civil Aeronautical Products or
or technical regulations.
services within a Party’s jurisdiction and that may take
enforcement action to ensure that such products or
services marketed within that Party’s jurisdiction comply
4. Nothing
in
this
Agreement
shall
be
construed
to
limit
the
with applicable legal requirements.
authority of a Party to determine, through its legislative,
regulatory and administrative measures, the level of protection
it considers appropriate for safety, for the environment, and
otherwise with regard to risks within the scope of the
(d) ‘Design-related Operational Requirements’ means the
Annexes to this Agreement.
operational or environmental requirements affecting either
the design features of the product or data on the design
relating to the operations or maintenance of the product
5. The
findings
made
by
delegated
persons
or
approved
that make it eligible for a particular kind of operation.
organisations, authorized by the applicable legislation of either
Party to make the same findings as a Competent Authority,
shall be given the same validity as those made by a
(e) ‘Environmental Approval’ means a finding that a Civil
Competent Authority itself for the purposes of this Agreement.
Aeronautical Product complies with standards established
An entity of one Party responsible for the implementation of
by the applicable legislation in force in either Party
this Agreement, as defined in Article 7, may on occasion, and
concerning noise and/or exhaust emissions.
upon prior notification to its counterpart within the other Party,
interact directly with a delegated person or approved organi
sation of that other Party.
(f) ‘Maintenance’ means the performance of inspection,
overhaul, repair, preservation, and the replacement of
parts, appliances, or components with the exception of
6. The
Parties
shall
ensure
that
their
Technical
Agents
and/or
pre-flight inspection of a Civil Aeronautical Product to
Competent Authorities fulfil their responsibilities under this
Agreement, including its Annexes.
assure the continued airworthiness of that product, and
includes embodiment of Modifications; but does not
include the design of repairs and Modifications.
7. This
Agreement,
including
its
Annexes,
is
binding
on
both
Parties.
(g) ‘Monitoring’ means the periodic surveillance by a
Competent Authority to determine continuing compliance
Article 4
with the appropriate applicable standards.
Scope
1. This
Agreement
applies
to:
(h) ‘Technical Agent’ means, for the Government of the
Federative Republic of Brazil, National Civil Aviation
Agency – ANAC and for the European Union, the
(a) The Airworthiness Approval and Monitoring of Civil
European Aviation Safety Agency – EASA.
Aeronautical Products;

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(b) The continuing airworthiness of in-service aircraft;
covered in the Annexes to this Agreement. In this regard, the
Parties shall ensure that their Competent Authorities are subject
to regular audits or assessments.
(c) The approval and monitoring of production and manufac
turing facilities;
5. The
Parties
shall
consult
as
necessary
to
ensure
the
main
tenance of confidence in conformity assessment procedures.
(d) The approval and monitoring of maintenance facilities;
This consultation may include participation from one Party in
the regular audits related to conformity assessment activities or
(e) The Environmental Approval and environmental testing of
other assessments of Competent Authorities of the other Party.
Civil Aeronautical Products;
6. In the event of a Party’s contestation of the technical
(f) Related cooperative activities; and
competence or compliance of a Competent Authority, the
contesting Party shall notify in writing the other Party of its
contestation of the technical competence or compliance of the
(g) Safety initiatives and exchange of relevant safety
relevant Competent Authority and of its intent to suspend the
information.
acceptance of the findings of the relevant Competent Authority.
Such contestation shall be exercised in an objective and
reasoned manner.
2. When
the
Parties
agree
that
each
Party’s
civil
aviation
standards, rules, practices and procedures in other areas of
cooperation and in particular in air operations, flight crew
7. Any
contestation
notified
in
accordance
with
Paragraph
6
licensing and the approval of synthetic training devices are
of this Article shall be discussed by the Joint Committee estab
sufficiently compatible to permit acceptance of findings of
lished pursuant to Article 9, which may decide to suspend
compliance with agreed upon standards made by one Party
acceptance of the findings of that Competent Authority or
on behalf of the other, the Parties in the Joint Committee
that verification of its technical competence is required. Such
may agree on additional Annexes, including transitional
verification shall normally be carried out in a timely manner by
arrangements to extend the scope of cooperation to these
the Party having jurisdiction over the Competent Authority in
other areas in accordance with the procedure specified in
question, but may be carried out jointly by the Parties if they so
Article 16.
decide.
Article 5
8. If the Joint Committee has not been able to resolve a
Competent Authorities
contestation notified in accordance with Paragraph 6 of this
Article, within 30 days of its notice, the contesting Party may
1. When an entity is eligible under the legislation of a Party,
suspend acceptance of the findings of the Competent Authority
it shall be recognized as a Competent Authority by the other
in question, but shall accept the findings made by that
Party, once it has been audited by its designating Party to
Competent Authority before the date of the notice. Such
determine that it:
suspension may remain in effect until the Joint Committee
has resolved the matter.
— fully complies with the legislation of its Party;
Article 6
— is familiar with the requirements of the other Party, for the
Safeguard Measures
type and scope of certification it applied for; and
1. Nothing
in
this
Agreement
shall
be
construed
to
limit
the
authority of a Party to take all appropriate and immediate
— is capable of carrying out the obligations contained in the
measures whenever there is a reasonable risk that a product
Annexes.
or a service may:
2. A Party shall notify the other Party of the identity of a
(a) compromise the health or safety of persons;
Competent Authority once it has successfully completed the
audit. The other Party may contest the technical competence
or compliance of that Competent Authority in accordance with
(b) not meet the applicable legislative, regulatory, or adminis
Paragraph 6 of this Article.
trative measures of that Party within the scope of this
Agreement; or
3. The entities identified in Appendix 1 and 2 shall be
deemed to comply with the provisions of Paragraph 1 of this
(c) otherwise fail to satisfy a requirement within the scope of
Article for the implementation of the Annexes at the time of
the applicable Annex to this Agreement.
entry into force of this Agreement.
2. Where either Party takes measures pursuant to Paragraph
4. The
Parties
shall
ensure
that
their
Competent
Authorities 1 of this Article, it shall inform the other Party in writing
are capable and remain capable of properly assessing
within 15 working days of taking such measures, providing
conformity of products or organisations, as applicable and as
reasons for it.

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L 273/6
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Official Journal of the European Union
19.10.2011
Article 7
assistance in any investigation or enforcement proceedings of
any alleged or suspected violation of any laws or regulations
Communication
under the scope of this Agreement. In addition, each Party shall
1. The Parties agree that communications between them
notify the other promptly of any investigation when mutual
selves for the implementation of this Agreement shall be dealt
interests are involved.
with by:
Article 8 bis
(a) as regards technical matters, the Technical Agents;
Exchange of safety information
1. The
Parties
agree,
subject
to
applicable
laws
and
regu
(b) as regards all other matters:
lations, to have a proactive approach, coordinate safety
policies and initiatives, exchange information and data, and
— for the Government of the Federative Republic of Brazil:
develop joint programs in order to increase capabilities to
Ministry of External Relations and ANAC, where
predict and prevent or mitigate potential risks for civil
applicable;
aviation with a view to implementing an oversight system for
all aircraft operating in their territories.
— for the European Union: the European Commission and
the Competent Authorities of the Member States, where
2. The Parties agree, in accordance with the provisions of
applicable.
Article 11 and subject to their applicable legislation:
(a) to provide each other, on request and in a timely manner,
2. Upon
signature
of
this
Agreement
the
Parties
will
information and assistance related to accidents, incidents or
communicate to each other the relevant contact points.
occurrences related to the subject matters covered by this
Agreement; and
Article 8
Regulatory Cooperation, Assistance and Transparency
(b) to exchange other safety information relating to aircraft
operations and results of surveillance activities including
1. Each Party shall ensure that the other Party is kept
of ramp inspections on aircraft using the airports of each
informed of all its relevant laws, regulations, standards, and
Party in accordance with procedures developed by the
requirements, and of its certification system.
Technical Agents.
2. The
Parties
shall
notify
each
other
of
their
proposed
Article 9
significant revisions to their relevant laws, regulations,
standards, and requirements, and to their certification systems
Joint Committee of the Parties
insofar as these revisions may have an impact on this
1. A
Joint
Committee
is
established,
consisting
of
represen
Agreement. To the maximum extent practicable, they shall
tatives from each Party. The Joint Committee shall be
offer each other an opportunity to comment on such
responsible for the effective functioning of this Agreement
revisions and give due consideration to such comments.
and shall meet at regular intervals to evaluate the effectiveness
of its implementation.
3. The
Parties
shall,
as
appropriate,
develop
procedures
on
regulatory cooperation and transparency for all activities they
2. The
Joint
Committee
may
consider
any
matter
related
to
conduct which fall within the scope of this Agreement.
the functioning and implementation of this Agreement. In
particular it shall be responsible for:
4. To
promote
the
continued
understanding
of
and
compati
bility between each Party’s civil aviation safety regulatory
(a) reviewing and taking appropriate action with respect to
systems, each Technical Agent may participate in the other’s
contestations as specified in Article 5;
internal quality assurance.
(b) resolving any question relating to the application and imple
5. For
the
purpose
of
investigating
and
resolving
safety
issues
mentation of this Agreement, including those questions not
by cooperation, the Parties shall allow each other to participate
otherwise resolved according to the procedure established in
in each other’s inspections and audits on a sample basis or
the Annexes;
conduct joint inspections and audits as appropriate. For
purposes of surveillance and inspections, each Party’s
Technical Agent and Competent Authorities shall assist the
(c) considering ways to enhance the operation of this
other Party’s Technical Agent with the objective of gaining
Agreement and make, as appropriate, recommendations to
unimpeded access to regulated entities subject to its jurisdiction.
the Parties for the amendment of this Agreement pursuant
to Paragraph 4 of Article 16;
6. The
Parties
agree,
subject
to
applicable
laws
and
regu
lations, to provide through their Technical Agents or
(d) considering specific amendments to the Annexes pursuant
Competent Authorities as appropriate mutual cooperation and
to Paragraph 5 of Article 16;

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(e) coordinating, as appropriate, the development of additional
Competent Authority to disclose to the public, information
Annexes pursuant to Paragraph 5 of Article 16; and
received from each other under this Agreement that constitutes
trade secrets, intellectual property, confidential commercial or
financial information, proprietary data, or information that
(f) adopting, as appropriate, working procedures on regulatory
relates to an ongoing investigation. To this end such
cooperation and transparency for all activities referred to in
information shall be considered proprietary and be appro
Article 4.
priately marked as such.
3. The Joint Committee shall draw up its own rules of
procedure within 1 year of the entry into force of this
3. A
Party
or
a
Competent
Authority
may,
upon
providing
Agreement.
information to the other Party or a Competent Authority of the
other Party, designate the portions of the information that it
considers to be exempt from disclosure.
Article 10
Suspension of Reciprocal Acceptance Obligations
4. Each
Party
shall
take
all
reasonable
precautions
necessary
1. A Party may suspend, in whole or in part, its obligations
to protect information received under this Agreement from
specified under an Annex of this Agreement, where:
unauthorized disclosure.
(a) the other Party fails to fulfil its obligations specified under
that Annex of this Agreement;
Article 12
Cost recovery
(b) one or more of its own Competent Authorities cannot
1. Neither
Party
shall
impose
fees
or
charges
on
natural
or
implement new or additional requirements adopted by the
legal persons whose activities are regulated under this
other Party in the field covered by the Annex of this
Agreement for conformity assessment services covered under
Agreement; or
this Agreement and provided by the other Party.
(c) the other Party fails to maintain the legal and regulatory
means and measures required to implement the provisions
2. Each
Party
shall
endeavour
to
ensure
that
any
fees
or
of this Agreement.
charges imposed by its Technical Agent on a legal or natural
person whose activities are regulated under this Agreement shall
be just, reasonable and commensurate with the certification and
2. Before
suspending
its
obligations,
a
Party
shall
request surveillance services provided, and shall not create a barrier to
consultations under Article 15. Should consultations not
trade.
resolve a disagreement that relates to any of the Annexes,
either Party may notify the other Party of its intention to
suspend the acceptance of findings of compliance and
approvals under the Annex over which there is disagreement.
3. Each
Party’s
Technical
Agent
shall
have
the
right
to
Such notification shall be in writing and detail the reasons for
recover through fees and charges applied to natural or legal
suspension.
persons whose activities are regulated under this Agreement,
the costs related to the implementation of the applicable
Annex and of audits and inspections made in application of
3. Such suspension shall take effect 30 days after the date of
Paragraph 5 of Article 5 and Article 8bis.
the notification, unless, prior to the end of this period, the
Party, which initiated the suspension, notifies the other Party
in writing that it withdraws its notification. Such suspension
Article 13
shall not affect the validity of findings of compliance, certificates
and approvals made by the Party’s Technical Agents or
Other Agreements
Competent Authority in question prior to the date the
1. Except
where
otherwise
specified
in
the
Annexes,
obli
suspension took effect. Any such suspension that has become
gations contained in agreements concluded by either Party
effective may be rescinded immediately upon an exchange of
with a third country not party to this Agreement shall have
written correspondence to that effect by the Parties.
no force and effect with regard to the other Party in terms of
acceptance of the results of conformity assessment procedures
Article 11
in the third country.
Confidentiality
1. Each Party agrees to maintain, to the extent required
2. Upon
entry
into
force,
this
Agreement
shall
supersede
any
under its legislation, the confidentiality of information
bilateral aviation safety agreements or arrangements between
received from the other Party under this Agreement.
the Government of the Federative Republic of Brazil and the
Member States of the European Union with respect to any
matters covered by this Agreement. Upon entry into force,
2. In
particular,
subject
to
their
respective
legislation,
the this Agreement shall also supersede any prior arrangements
Parties shall neither disclose to the public, nor permit a
between the Technical Agents.

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L 273/8
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Official Journal of the European Union
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3. This
Agreement
shall
not
affect
the
rights
and
obligations notice of termination has been withdrawn by mutual consent of
of the Parties under any other international agreement.
the Parties before the expiry of this period.
Article 14
3. Where
a
Party
seeks
to
amend
the
Agreement
by
Territorial Application
removing or adding one or more Annexes and preserving the
Except where otherwise specified in the Annexes of this
other Annexes, the Parties shall seek to amend this Agreement
Agreement, this Agreement shall apply, on the one hand, to
by consensus, in accordance with the procedures in this Article.
the territories in which the Treaty on the functioning of the
Failing consensus to preserve the other Annexes, the Agreement
European Union applies, and under the conditions laid down in
shall terminate at the end of 6 months from the date of notice
that Treaty and, on the other hand, to the territory of the
unless otherwise agreed by the Parties.
Federative Republic of Brazil.
Article 15
4. Parties
may
amend
this
Agreement
by
mutual
written
consent. An amendment to this Agreement shall enter into
Consultations and Settlement of Disagreements
force on the date of the latest written notification by one
Party to the other Party that its domestic procedures for entry
1. Either Party may request consultations with the other
into force have been completed.
Party on any matter related to this Agreement. The other
Party shall reply promptly to such a request and shall enter
into consultations at a time agreed by the Parties within 45
days.
5. Notwithstanding the provisions of Paragraph 4 of this
Article, the Parties may agree to amend the existing Annexes
or add new ones by means of an exchange of Diplomatic Notes
2. The
Parties
shall
make
every
effort
to
resolve
any between the Parties. These amendments shall enter into force
disagreement between them regarding their cooperation under
subject to the terms agreed in the exchange of Diplomatic
this Agreement at the lowest possible technical level by consul
Notes.
tation in accordance with provisions contained in the Annexes
to this Agreement.
6. Following termination of this Agreement, each Party shall
3. In the event that any disagreement is not resolved as
maintain the validity of any Airworthiness Approvals, Environ
provided for in Paragraph 2 of this Article, either Technical
mental Approvals or certificates issued under this Agreement
Agent may refer the disagreement to the Joint Committee of
prior to its termination, subject to their continued compliance
the Parties, which shall consult on the matter.
with that Party’s applicable laws and regulations.
Article 16
Entry Into Force, Termination and Amendment
IN WITNESS WHEREOF, the undersigned duly authorized to that
effect, have signed this Agreement.
1. This
Agreement
shall
enter
into
force
on
the
date
of
the
last note of an exchange of Diplomatic Notes in which the
Parties notify each other of the completion of their internal
procedures necessary for the entry into force of this Agreement.
Done, in duplicate, at Brasília, on the fourteenth day of July in
The Agreement shall remain in force until terminated by either
the year two thousand and ten, in the Bulgarian, Czech, Danish,
Party.
Dutch, English, Estonian, Finnish, French, German, Greek,
Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
2. A
Party
may
terminate
this
Agreement
at
any
time
upon
6 Portuguese, Romanian, Slovakian, Slovenian, Spanish and
months written notification to the other Party, unless the said
Swedish languages, each version being equally authentic.

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За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За правителството на Федеративна република Бразилия
Por el Gobierno de la República Federativa de Brasil
Za vládu Brazilské Federativní republiky
For den Fderative Republik Brasiliens regering
Für die Regierung der Fderativen Republik Brasilien
Brasiilia Liitvabariigi valitsuse nimel
Για την κυβρνηση τη Ομσπονδη Δημοκρατα τη Βραζιλα
For the Government of the Federative Republic of Brazil
Pour le gouvernement de la République fédérative du Brésil
Per il governo della Repubblica federativa del Brasile
Brazīlijas Federatīvās Republikas valdības vārdā –
Brazilijos Federacins Respublikos Vyriausybs vardu
A Brazil Szvetségi Kztársaság kormánya részérl
Gall-Gvern tar-Repubblika Federativa tal-Brail
Voor de regering van de Federale Republiek Brazili
W imieniu rzdu Federacyjnej Republiki Brazylii
Pelo Governo da República Federativa do Brasil
Pentru Guvernul Republicii Federative a Braziliei
Za vládu Brazílskej federatívnej republiky
Za Vlado Federativne Republike Brazilije
Brasilian liittotasavallan hallituksen puolesta
Fr Frbundsrepubliken Brasiliens regering

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Official Journal of the European Union
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Appendix 1
List of competent authorities which are deemed to comply with the provisions of paragraph 1 of Article 5 as
regards Annex A
1. Competent authorities as regards design approvals:
for the Government of the Federative Republic of Brazil: the National Civil Aviation Agency – ANAC;
for the European Union: the European Aviation Safety Agency – EASA.
2. Competent authorities as regards production oversight:
for the Government of the Federative Republic of Brazil: the National Civil Aviation Agency – ANAC;
for the European Union: the European Aviation Safety Agency – EASA and
the Competent Authorities of Member States.
Appendix 2
Competent Authorities which are deemed to comply with the provisions of paragraph 1 of Article 5 as regards
Annex B
1. Competent Authorities for the Government of the Federative Republic of Brazil, which are deemed to comply with the
provisions of Paragraph 1 of Article 5 as regards Annex B: the National Civil Aviation Agency – ANAC.
2. Competent Authorities of the 27 EU Member States, which are deemed to comply with the provisions of Paragraph 1
of Article 5 as regards Annex B: the Competent Authorities of Member States.

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ANNEX A
PROCEDURE FOR THE CERTIFICATION OF CIVIL AERONAUTICAL PRODUCTS
1. Scope
1.1. This
Procedure
(hereinafter
referred
to
as
the
‘Procedure’)
applies
to:
1.1.1. The reciprocal acceptance of findings of compliance with design, environmental and Design-related Operational
Requirements for Civil Aeronautical Products, made by the Technical Agent of the Party acting as the authorised
representative of the State of design.
1.1.2. The
reciprocal
acceptance
of
findings
that
new
or
used
Civil
Aeronautical
Products
comply
with
airworthiness
and environmental import requirements of either Party.
1.1.3. The reciprocal acceptance of the approvals of design changes and repair designs of Civil Aeronautical Products
performed under the authority of either Party.
1.1.4. Cooperation
and
assistance
on
continued
airworthiness
of
in-service
aircraft.
1.2.
For the purposes of this Procedure the following terms shall be defined as follows:
(a) ‘Authorized Release Certificate’ means a declaration by a person or organisation under the jurisdiction of the
Exporting Party that a Civil Aeronautical Product, other than a complete aircraft, is either a newly manu
factured product or is released after maintenance has been performed on it.
(b) ‘Export Certificate of Airworthiness’ means an export declaration by a person or organisation under the
jurisdiction of the Exporting Party that a complete aircraft, also under the jurisdiction of the Exporting Party,
conforms to the airworthiness and environmental requirements notified by the Importing Party.
(c) ‘Exporting Party’ means the Party from which a Civil Aeronautical Product is exported.
(d) ‘Importing Party’ means the Party to which a Civil Aeronautical Product is imported.
2. Joint
Sectorial
Committee
on
Certification
2.1. Composition
2.1.1. A
Joint
Sectorial
Committee
on
Certification
is
established.
This
Committee
shall
include
representatives
from
each Party responsible at managerial level for:
(a) Civil Aeronautical Product certification;
(b) production, where different from persons covered by subparagraph 2.1.1(a) of this Procedure;
(c) certification regulations and standards and
(d) internal standardisation inspections or quality control systems.
2.1.2. Any other person, as jointly decided by the Parties, who can facilitate fulfilling the mandate of the Joint Sectorial
Committee on Certification may be invited to that Committee.
2.1.3. The
Joint
Sectorial
Committee
on
Certification
shall
establish
its
own
rules
of
procedure.
2.2. Mandate
2.2.1. The
Joint
Sectorial
Committee
on
Certification
shall
meet
at
least
once
a
year
to
ensure
the
effective
functioning
and implementation of this Procedure and shall, inter alia:
(a) decide, as appropriate, on working procedures to be used to facilitate the certification process;
(b) decide, as appropriate, on technical standard orders for the purposes of subparagraph 3.3.7 of this Procedure;
(c) evaluate regulatory changes in each Party to ensure that certification requirements remain current;

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(d) elaborate, as appropriate, proposals for the Joint Committee regarding amendments to this Procedure, other
than those referred to in subparagraph 2.2.1(b) of this Procedure;
(e) ensure that the Parties share a common understanding of this Procedure;
(f) ensure that the Parties apply this Procedure in a consistent manner;
(g) resolve any difference on technical issues arising out of the interpretation or the implementation of this
Procedure, including differences that may arise in the determination of certification bases or the application
of special conditions, exemptions and deviations;
(h) organise, as appropriate, reciprocal participation by one Party in the other Party’s internal standardisation or
quality control system;
(i) identify, where appropriate, focal points responsible for the certification of each Civil Aeronautical Product
imported or exported between the Parties; and
(j) develop effective means for cooperation, assistance and exchange of information regarding safety and
environmental standards and certification systems to minimise to the maximum extent possible, differences
between the Parties.
2.2.2. Should
the
Joint
Sectorial
Committee
on
Certification
be
unable
to
resolve
differences
in
accordance
with
subparagraph 2.2.1(g) of this Procedure, it shall report the issue to the Joint Committee and ensure the
implementation of the decision reached by that Committee.
3. Design
Approvals
3.1. General
Provisions
3.1.1. This
Procedure
covers
the
design
approvals
and
changes
thereof
for:
type
certificates,
supplemental
type
certificates, repairs, parts and appliances.
3.1.2. For the implementation of this Procedure, the Parties agree that the demonstration of capability of a design
organisation to assume its responsibilities is sufficiently controlled by either Party, to satisfy any difference in
specific requirements of the other Party.
3.1.3. An application for a design approval shall be made to the Importing Party through the Exporting Party, where
appropriate.
3.1.4. The
bodies
responsible
for
the
implementation
of
this
section
3
relative
to
design
approvals
shall
be
the
Technical Agents.
3.2. Certification
Basis
3.2.1. For the purpose of issuing a Type Certificate, the Importing Party shall use for airworthiness the applicable
standards for a similar product of its own that were in effect when the application for the original Type
Certificate was submitted to the Exporting Party and for environmental protection the applicable standards
for a similar product of its own that were applicable when the application for the Type Certificate was
submitted to the Importing Party.
3.2.2. Subject to subparagraph 3.2.5 of this Procedure and for the purpose of approving a design change or repair
design, the Importing Party shall specify a change to the certification basis established under subparagraph 3.2.1
of this Procedure when it considers such change appropriate for the design change or repair design.
3.2.3. Subject to subparagraph 3.2.5 of this Procedure, the Importing Party shall specify any special condition applied
or intended to be applied to novel or unusual features not covered by the applicable airworthiness and
environmental standards.
3.2.4. Subject to subparagraph 3.2.5 of this Procedure, the Importing Party shall specify any exemption to or deviation
from the applicable standards.
3.2.5. When specifying special conditions, exemptions, deviations or changes to the certification basis, the Importing
Party shall give due consideration to those of the Exporting Party and shall not be more demanding for the
products of the Exporting Party than it would be for similar products of its own. The Importing Party shall notify
the Exporting Party of any such special condition, exemption deviation or change to the certification basis.
3.3. Certification
Process
3.3.1. The Exporting Party shall provide to the Importing Party all the information necessary for the Importing Party to
become and remain familiar with individual Civil Aeronautical Products of the Exporting Party and their
certification.

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3.3.2. For each design approval, the Parties shall develop a certification programme, on the basis of the working
procedures determined by the Joint Sectorial Committee on Certification, as appropriate.
3.3.3. The
Importing
Party
shall
issue
its
Type
Certificate
or
Supplemental
Type
Certificate
for
an
aircraft,
engine
or
propeller when:
(a) the Exporting Party has issued its own certificate;
(b) the Exporting Party certifies to the Importing Party that the type design of a product complies with the
certification basis as set out in Paragraph 3.2 of this Procedure; and
(c) all issues raised during the certification process have been resolved.
Type Certificate Changes
3.3.4. Changes
to
type
design
for
a
Civil
Aeronautical
Product
for
which
the
importing
Party
has
issued
a
type
certificate shall be approved as follows:
3.3.4.1. The Exporting Party shall classify the design changes in two categories in accordance with the working
procedures determined by the Joint Sectorial Committee on Certification.
3.3.4.2. For the category of design changes that require the involvement of the Importing Party, the Importing Party shall
approve the design changes following receipt of a written statement by the Exporting Party that the design
changes comply with the certification basis as set out in Paragraph 3.2 of this Procedure. In order to fulfil its
obligations under this subparagraph, the Exporting Party may provide individual statements for each design
change or collective statements for lists of approved design changes.
3.3.4.3. For all other design changes the approval of the Exporting Party constitutes a valid approval of the Importing
Party without additional action.
Supplemental Type Certificate Change
3.3.5. Changes
to
the
design
of
a
Civil
Aeronautical
Product
for
which
the
importing
Party
has
issued
a
supplemental
type certificate shall be approved as follows:
3.3.5.1. The Exporting Party shall classify the design changes in two categories in accordance with the working
procedures determined by the Joint Sectorial Committee on Certification.
3.3.5.2. For the category of design changes that require the involvement of the Importing Party, the Importing Party shall
approve the design changes following receipt of a written statement by the Exporting Party that the design
changes comply with the certification basis as set out in Paragraph 3.2 of this Procedure. In order to fulfil its
obligations under this subparagraph, the Exporting Party may provide individual statements for each design
change or collective statements for lists of approved design changes.
3.3.5.3. For all other design changes, the approval of the Exporting Party constitutes a valid approval of the Importing
Party without additional action.
Repair Design Approval
3.3.6. Repair designs of Civil Aeronautical Products for which the Importing Party has issued a Type Certificate shall be
approved as follows:
3.3.6.1. The Exporting Party shall classify the repair designs in two categories in accordance with the working procedures
determined by the Joint Sectorial Committee on Certification.
3.3.6.2. For the category of repair designs that require the involvement of the Importing Party, the Importing Party shall
approve the designs following receipt of a written statement by the Exporting Party that the repair designs
comply with the certification basis as set out in Paragraph 3.2 of this Procedure. In order to fulfil its obligations
under this subparagraph, the Exporting Party may provide individual statements for each major repair design or
collective statements for lists of approved repair designs.
3.3.6.3. For all other repair designs, the approval of the Exporting Party constitutes a valid approval of the Importing
Party without additional action.
3.3.7. For parts and appliances approved on the basis of technical standard orders decided by the Joint Sectorial
Committee on Certification in accordance with Paragraph 2.2 of this Procedure, the approval of parts and
appliances issued by the Exporting Party shall be recognised by the Importing Party as equivalent to its own
approvals issued in accordance with its legislation and procedures.

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3.4. Design-related
Operational
Requirements
3.4.1. The Importing Party, upon request from the Exporting Party, shall advise the Exporting Party of its current
Design-related Operational Requirements.
3.4.2. The Importing Party shall determine with the Exporting Party, either on a case by case basis, or by the
development of a list of specific current Design-related Operational Requirements for certain categories of
products and/or operations, the Design-related Operational Requirements for which it shall accept the written
certification and compliance statement of the Exporting Party.
3.4.3. The Exporting Party shall ensure that information related to Operational Requirements that impact design is
made available to the Importing Party during the certification process.
3.5. Continuing
Airworthiness
3.5.1. The
two
Parties
shall
cooperate
in
analysing
airworthiness
aspects
of
accidents
and
incidents
occurring
in
relation
to Civil Aeronautical Products to which this Agreement applies and which are such as would raise questions
concerning the airworthiness of such products. To that end, their Technical Agents shall exchange relevant
information on failures, malfunctions, defects or other occurrences affecting Civil Aeronautical Products to which
this Agreement applies reported by their respective regulated entities. The exchange of this information shall be
considered to fulfil the obligation of each approval holder to report failures, malfunctions, defects or other
occurrences to the other Party’s Technical Agent under the other Party’s applicable law.
3.5.2. The
Exporting
Party
shall,
in
respect
of
Civil
Aeronautical
Products
designed
or
manufactured
under
its
juris
diction, determine any appropriate action necessary to correct any unsafe condition of the type design that may
be discovered after a Civil Aeronautical Product is placed in service, including any actions in respect of
components designed and/or manufactured by a supplier under contract to a prime contractor in the
territory under the Exporting Party’s jurisdiction.
3.5.3. The
Exporting
Party
shall,
in
respect
of
Civil
Aeronautical
Products
designed
or
manufactured
under
its
juris
diction, assist the Importing Party in determining any action considered to be necessary by the Importing Party
for the continued airworthiness of the products.
3.5.4. Each Party shall keep the other Party informed of all mandatory airworthiness directives, or other actions which
it determines are necessary for the continued airworthiness of Civil Aeronautical Products designed or manu
factured under the jurisdiction of either Party and that are covered by this Agreement.
4. Production
Approval
4.1.
For the implementation of this Procedure, the Parties agree that the demonstration of the capability of a
production organisation to assume production quality assurance and control of Civil Aeronautical Products is
sufficiently controlled by the oversight of such organisation by a Competent Authority of either Party, to satisfy
any difference in specific requirements of the other Party.
4.2. When
a
production
approval
under
the
regulatory
oversight
of
one
Party
includes
manufacturing
sites
and
facilities in the other Party’s territory or in a third country, the former Party shall remain responsible for the
surveillance and oversight of these manufacturing sites and facilities.
4.3.
The Parties may seek assistance from the civil aviation authority of a third country in the fulfilment of their
regulatory surveillance and oversight functions when an approval by either Party has been granted or extended
by formal agreement or arrangement with that third country.
4.4.
The bodies responsible for the implementation of this section 4 relative to production approvals shall be the
Competent Authorities as referred to in Article 5 of the Agreement.
5. Export
Airworthiness
Approvals
5.1. General
5.1.1. The Exporting Party shall issue export airworthiness approvals for Civil Aeronautical Products exported to the
Importing Party under the conditions defined in Paragraphs 5.2 and 5.3 of this Procedure.
5.1.2. The Importing Party shall accept the Exporting Party’s export airworthiness approvals issued in accordance with
Paragraphs 5.2 and 5.3 of this Procedure.
5.1.3. The identification of parts and appliances with the specific markings required by the Exporting Party’s legislation
shall be recognised by the Importing Party as complying with its own legal requirements.

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5.2. Export
Certificates
of
Airworthiness
5.2.1. New
Aircraft
5.2.1.1. An Exporting Party through its Competent Authority responsible for the implementation of this procedure shall
issue an Export Certificate of Airworthiness, for a new aircraft, certifying that the aircraft:
(a) conforms to a type design approved by the Importing Party in accordance with this Procedure;
(b) is in a condition for safe operation, including compliance with the applicable airworthiness directives of the
Importing Party, as notified by that Party;
(c) meets all additional requirements prescribed by the Importing Party, as notified by that Party.
5.2.2. Used
aircraft
5.2.2.1. For a used aircraft for which a design approval was granted by the Importing Party, the Exporting Party through
its Competent Authority responsible for the oversight of the Certificate of Airworthiness of that aircraft shall
issue an Export Certificate of Airworthiness certifying that the aircraft:
(a) conforms to a type design approved by the Importing Party in accordance with this Procedure;
(b) is in a condition for safe operation, including compliance with all applicable airworthiness directives of the
Importing Party, as notified by that Party;
(c) has been properly maintained using approved procedures and methods during its service life, as evidenced by
logbooks and maintenance records; and
(d) meets all additional requirements prescribed by the Importing Party, as notified by that Party.
5.2.2.2. For used aircraft manufactured under its jurisdiction, each Party agrees to assist upon request the other Party in
obtaining information regarding:
(a) the configuration of the aircraft at the time it left the manufacturer; and
(b) subsequent installations on the aircraft that it has approved.
5.2.2.3. The Parties shall also accept each other’s Export Certificates of Airworthiness for used aircraft manufactured
and/or assembled in a third country when the conditions of subparagraphs 5.2.2.1(a) to (d) of this Procedure
have been met.
5.2.2.4. The Importing Party may request inspection and maintenance records that include, but are not limited to:
(a) the original or certified true copy of an Export Certificate of Airworthiness, or its equivalent, issued by the
Exporting Party;
(b) records which verify that all overhauls, major changes, and repairs were accomplished in accordance with the
requirements approved or accepted by the Exporting Party; and
(c) maintenance records and log entries which substantiate that the used aircraft has been properly maintained
throughout its service life in accordance with the requirements of an approved maintenance program.
5.3. Authorised
Release
Certificate
5.3.1. New
engines
and
propellers
5.3.1.1. The Importing Party shall accept the Exporting Party’s Authorised Release Certificate on a new engine or
propeller, only when the Certificate provides that such engine or propeller:
(a) conforms to a type design approved by the Importing Party in accordance with this Procedure;
(b) is in a condition for safe operation, including compliance with the applicable airworthiness directives of the
Importing Party, as notified by that Party; and
(c) meets all additional requirements prescribed by the Importing Party, as notified by that Party.

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5.3.1.2. The Exporting Party shall export all new engines and propellers with an Authorised Release Certificate issued in
accordance with its legislation and procedures.
5.3.2. New
sub-assemblies,
parts
and
appliances
5.3.2.1. The Importing Party shall accept the Exporting Party’s Authorised Release Certificate on a new sub-assembly,
part, including a modified and/or replacement part, or appliances, only when the Certificate provides that such
sub-assembly or part:
(a) conforms to design data approved by the Importing Party;
(b) is in a condition for safe operation; and
(c) meets all additional requirements prescribed by the Importing Party, as notified by that Party.
5.3.2.2. The Exporting Party shall export all new parts with an Authorised Release Certificate issued in accordance with
its legislation and procedures.
6. Support
for
certification
activities
6.1. The
Parties,
where
appropriate
through
their
Competent
Authorities,
shall
provide,
upon
request,
technical
support and information for certification activities.
6.2.
Types of support may include, but are not limited to, the following:
6.2.1. Operational
Suitability
Data
Development of minimum operational suitability requirements (covering, inter alia, minimum flight crew and
flight crew member training requirements)
6.2.2. Determination
of
Compliance:
(a) to witness tests;
(b) to perform compliance and conformity inspections;
(c) to review reports; and
(d) to obtain data.
6.2.3. Monitoring
and
Oversight:
(a) to witness first article inspection of parts;
(b) to monitor the controls on special processes;
(c) to conduct sample inspections on production parts;
(d) to monitor the activities of delegated persons or approved organisations referred to in Paragraph 5 of
Article 3, of the Agreement;
(e) to conduct investigations of service difficulties; and
(f) to evaluate and oversee production quality systems.

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ANNEX B
PROCEDURE FOR MAINTENANCE
1. Scope
This Procedure (hereinafter referred to as the ‘Procedure’) applies to the reciprocal acceptance of findings in the
field of aircraft maintenance for aircraft and components intended for installation thereon.
2. Applicable
Legislation
2.1. The
Parties
agree
that,
for
the
purposes
of
this
Procedure,
compliance
with
the
applicable
legislation
relating
to
maintenance of one Party and with the regulatory requirements specified in Section 8 of this Procedure amounts to
compliance with the applicable legislation of the other Party.
2.2. The
Parties
agree
that,
for
the
purposes
of
this
Procedure,
each
Party’s
Competent
Authorities
certification
practices
and procedures provide for an equivalent proof of compliance with the requirements referred to in the previous
paragraph.
2.3. The Parties agree that, for the purposes of this Procedure, the respective standards of the Parties pertaining to
licensing of maintenance personnel are considered to be equivalent.
3. Definitions
For the purposes of this Procedure, the following terms shall be defined as follows:
(a) ‘Aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other
than reactions of the air against the earth’s surface;
(b) ‘Component’ means any engine, propeller, part or appliance;
(c) ‘Large aircraft’ means an aircraft, classified as an aeroplane with a maximum take-off mass of more than
5 700 kg, or a multi-engined helicopter; and
(d) ‘Modification’ means a change to a design of a Civil Aeronautical Product affecting the construction,
configuration, performance, environmental characteristics, or operating limitations.
(e) ‘Alteration’ means a change to a Civil Aeronautical Product affecting the construction, configuration,
performance, environmental characteristics, or operating limitations.
4. Joint
Sectorial
Committee
on
Maintenance
4.1. Composition
4.1.1. A Joint Sectorial Committee on Maintenance is established. It shall include representatives from each Party
responsible at managerial level for:
(a) the approval of maintenance organisations;
(b) the implementation of legislation and standards relating to maintenance organisations;
(c) the internal standardisation inspections or quality control systems.
4.1.2. Any other person, as jointly decided by the Parties, who can facilitate the fulfilment of the mandate of the Joint
Sectorial Committee on Maintenance, may be invited to that Committee.
4.1.3. The Joint Sectorial Committee on Maintenance shall establish its own rules of procedure.

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4.2. Mandate
4.2.1. The Joint Sectorial Committee on Maintenance shall meet at least once a year to ensure the effective functioning
and implementation of this Procedure and shall, inter alia:
(a) evaluate the regulatory changes in the Parties to ensure that the requirements detailed in Section 8 of this
Procedure remain current;
(b) ensure that the Parties share a common understanding of this Procedure;
(c) ensure that the Parties apply this Procedure in a consistent manner;
(d) resolve any difference on technical issues arising out of the interpretation or the implementation of this
Procedure, including differences that may arise out of the interpretation or the implementation of this
Procedure;
(e) organise, as appropriate, reciprocal participation by one Party in the other Party’s internal standardisation or
quality control system; and
(f) elaborate, as appropriate, proposals for the Joint Committee regarding amendments to this Procedure.
4.2.2. Should the Joint Sectorial Committee on Maintenance fail to resolve differences in accordance with subparagraph
4.2.1(d) of this Procedure, it shall report the issue to the Joint Committee and ensure the implementation of the
decision reached by that Committee.
5. Maintenance
Organisation
Approval
5.1. Any maintenance organisation of one Party that has been certified by a Competent Authority of that Party to
perform maintenance functions shall be required to have a supplement to its maintenance organisation manual in
order to comply with the requirements set out in Section 8 of this Procedure. When it is satisfied that the
supplement meets the requirements set out in Section 8 of this Procedure, the said Competent Authority shall
issue an approval attesting compliance with the applicable requirements of the other Party and specifying the scope
of tasks that the maintenance organisation can perform on aircraft registered in that other party. Such scope of
ratings and limitations shall not exceed that contained in its own certificate.
5.2. The approval issued in accordance with Paragraph 5.1 of this Procedure by the Competent Authority of one Party
shall be notified to the other Party and shall constitute a valid approval for the other Party without additional
action.
5.3. Recognition of an approval certificate pursuant to Paragraph 5.2 of this Procedure shall apply to the maintenance
organisation at its principal place of business, as well as at its other locations that are identified in the relevant
manual and are subject to the oversight of a Competent Authority.
5.4. The Parties may seek assistance from the civil aviation authority of a third country in the fulfilment of their
regulatory surveillance and oversight functions when an approval by both Parties has been granted or extended by
formal agreement or arrangement with that third country.
5.5. A Party through its Competent Authority shall promptly notify the other Party of any changes to the scope of the
approvals it has issued in accordance with Paragraph 5.1 of this Procedure, including revocation or suspension of
the approval.
6. Non-compliance
6.1. Each Party shall notify the other Party of major non-compliances with any applicable legislation or any condition
set forth in this Procedure that impairs the ability of an organisation approved by that other Party to perform
maintenance under the terms of this Procedure. Following such notification, the other Party shall carry out the
necessary investigation and report to the notifying Party on any action taken within 15 working days.

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6.2. In case of disagreement between the Parties on the effectiveness of the action taken the notifying Party may require
the other Party to take immediate action to prevent the organisation from performing maintenance functions on
Civil Aeronautical Products under its regulatory oversight. Should the other Party fail to take such action within 15
working days of the request by the notifying Party, the powers granted to the Competent Authority of the other
Party under this Procedure shall be suspended until the issue is satisfactorily resolved by the Joint Committee, in
accordance with the provisions of the Agreement. Until the Joint Committee issues a decision on the matter, the
notifying Party may take any measure it deems necessary to prevent the organisation from performing main
tenance functions on Civil Aeronautical Products under its regulatory oversight.
6.3. The bodies responsible for communicating under this Section 6 of this Procedure shall be the Technical Agents.
7. Technical
Assistance
7.1. The
Parties,
where
appropriate
through
their
Competent
Authorities,
shall
provide
technical
evaluation
assistance
to
each other, upon request.
7.2. Types
of
assistance
may
include,
but
are
not
limited
to,
the
following:
(a) monitoring and reporting regarding continued compliance with the requirements described in this Procedure
by maintenance organisations under the jurisdiction of either Party;
(b) conduct of and reporting on investigations; and
(c) technical evaluation.
8. Specific
Regulatory
Requirements
8.1. The recognition by one Party of a maintenance organisation under the jurisdiction of the other Party pursuant to
Section 5 of this Procedure shall be based upon the maintenance organisation adopting a supplement to its
maintenance organization manual which shall, at a minimum, provide the following:
(a) a statement of commitment signed by the current accountable manager that the organisation shall comply
with the manual and its supplement;
(b) that the organisation shall comply with the customer work order, taking particular note of requested
airworthiness directives, Modifications and repairs and of the requirement that any parts used were manu
factured or maintained by organisations acceptable to the other Party;
(c) that the customer issuing the work order has established the approval of the appropriate Competent Authority
for any design data for alterations and repairs;
(d) that the release of Civil Aeronautical Product is in conformity with applicable legislative and regulatory
requirements;
(e) that any Civil Aeronautical Product under the jurisdiction of the other Party found any serious defects or un-
airworthy condition shall be reported to the other Party and customer.
8.2. The
recognition
provided
under
Paragraph
8.1
of
this
Procedure
shall
apply
when
transitional
arrangements
for
the
demonstration of the capability of the oversight of maintenance organisations have been implemented by the
Technical Agents.

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Appendix B1
Special Conditions
1. EASA
SPECIAL
CONDITIONS
APPLICABLE
TO
BRAZILIAN
BASED
REPAIR
STATIONS
1.1. To be approved in accordance with EASA Part 145, pursuant to the terms of this Annex, the repair station shall
comply with all of the following Special Conditions:
1.1.1. The repair station shall submit an application in a form and a manner acceptable to EASA.
(a) The application for both initial and continuation of the EASA approval shall include a statement demonstrating
that the EASA certificate and/or rating is necessary for maintaining or altering aeronautical products registered
or designed in an EU Member State or parts fitted thereon.
(b) The repair station shall provide a supplement to its Maintenance Organisation Manual that is verified and
accepted by the ANAC on behalf of EASA. All revisions to the supplement must be accepted by the ANAC.
The supplement shall include the following:
(i) A statement by the accountable manager of the repair station, as defined in the current version of EASA
Part 145 which commits the repair station to compliance with this Annex and the Special Conditions as
listed.
(ii) Detailed procedures for the operation of an independent quality monitoring system including oversight of
all multiple facilities and line stations within the territory of the Federative Republic of Brazil.
(iii) Procedures for the release or approval for return to service that meet the requirements of EASA Part 145
for aircraft and the use of the ANAC Form SEGVOO 003 for aircraft components, and any other
information required by the owner or operator as appropriate.
(iv) For airframe/aircraft rated facilities, procedures to ensure that the certificate of airworthiness and the
Airworthiness Review Certificate are valid prior to the issue of a release to service document.
(v) Procedures to ensure that repairs and modifications as defined by EASA requirements are accomplished in
accordance with data approved by EASA.
(vi) A procedure for the repair station to ensure that the ANAC approved initial and recurrent training
programme and any revision thereto include human factors training.
(vii) Procedures for reporting non-airworthy conditions as required by EASA Part 145 on civil aeronautical
products to the EASA, aircraft design organisation, and the customer or operator.
(viii) Procedures to ensure completeness of, and compliance with, the customer or operator work order or
contract including notified EASA airworthiness directives and other notified mandatory instructions.
(ix) Procedures in place to ensure that contractors meet the terms of these implementation procedures; that
is, using an EASA approved Part 145 organisation or, if using an organisation which does not hold an
EASA Part 145 approval, the repair station returning the product to service is responsible for ensuring its
airworthiness.
(x) Procedures to permit work away from the fixed location on a recurring basis, when applicable.
(xi) Procedures to ensure appropriate covered hangars are available for base maintenance of aircraft.

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1.2. To continue to be approved in accordance with EASA Part 145, pursuant to the terms of this Annex, the repair
station shall comply with the following. The ANAC shall verify that the repair station:
(a) Allow EASA, or the ANAC on behalf of EASA, to inspect it for continued compliance with the requirements of
the Brazilian Regulation RBHA145 and these Special Conditions (i.e., EASA Part 145).
(b) Accept that investigation and enforcement action may be taken by EASA in accordance with any relevant EU
regulations and EASA procedures.
(c) Cooperate with any EASA investigation or enforcement action.
(d) Continue to comply with Brazilian Regulation RBHA145, and these Special Conditions.
2. ANAC
SPECIAL
CONDITIONS
APPLICABLE
TO
EC
BASED
APPROVED
MAINTENANCE
ORGANISATIONS
(AMOs)
2.1. To
be
approved
in
accordance
with
Brazilian
Regulation
RBHA145,
pursuant
to
the
terms
of
this
Annex,
the
AMO
shall comply with all of the following Special Conditions:
2.1.1. The AMO shall submit an application in a form and a manner acceptable to the ANAC.
(a) The application for both initial and renewed ANAC certification shall include a statement demonstrating that
the ANAC repair station certificate and/or rating is necessary for maintaining or altering Brazilian registered
aeronautical products or foreign registered aeronautical products operated under the provisions of Brazilian
Regulations RBHA.
(b) The AMO must provide a supplement in English to its MOE that is approved by the Aviation Authority and
maintained at the AMO. Once approved by the Aviation Authority, the supplement shall be deemed accepted
by the ANAC. All revisions to the supplement must be approved by the Aviation Authority. The ANAC
supplement to the MOE shall include the following:
(i) A signed and dated statement by the accountable manager that obligates the organisation to comply with
the Annex.
(ii) A summary of its quality system which shall also cover the ANAC special conditions.
(iii) Procedures for approval for release or return to service that satisfy the requirements of Brazilian Regu
lation RBHA 43 for aircraft and use of EASA Form 1 for components. This includes the information
required by Brazilian regulations RBHA 43.9 and 43.11 and all information required to be made or kept
by the owner or operator in English as appropriate.
(iv) Procedures for reporting to the ANAC failures, malfunctions, or defects, and Suspected Unapproved Parts
(SUP) discovered, or intended to be installed, on Brazilian aeronautical products.
(v) Procedures to notify the ANAC regarding any changes to line stations that:
(1) are located in an EU Member State;
(2) maintain Brazilian registered aircraft; and
(3) that will impact the ANAC Operations Specifications.
(vi) Procedures to qualify and monitor additional fixed locations within the EU Member States list in
Appendix 2 to this Annex.
(vii) Procedures in place to verify that all contracted/sub contracted activities include provisions for a non-
ANAC certificated source to return the Article to the AMO for final inspection/testing and return to
service.

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L 273/22
EN
Official Journal of the European Union
19.10.2011
(viii) Procedures for submitting, every 24 months, utilization reports to the ANAC identifying the list of the
Technical Personnel assigned to return to service a Brazilian aeronautical product.
(ix) Procedures to ensure that major repairs and major alterations/modifications (as defined in Brazilian
Regulations RBHA) are accomplished in accordance with data approved by the ANAC.
(x) Procedures to ensure compliance with air carrier’s Continuous Airworthiness Maintenance Programme
(CAMP), including the separation of maintenance from inspection on those items identified by the air
carrier/customer as Required Inspection Items (RII).
(xi) Procedures to ensure compliance with the manufacturer’s maintenance manuals or instructions for
continued airworthiness (ICAs) and handling of deviations. Procedures to ensure that all current and
applicable airworthiness directives (ADs) published by the ANAC are available to maintenance personnel
at the time the work is being performed.
(xii) Procedures to confirm that the AMO have an employee in its technical staff who is able to read and plain
understand the Brazilian Regulations. This requirement is also important regarding Maintenance Records
in Portuguese.
(xiii) Procedures to permit work away from fixed location on a recurring basis, when applicable.
(xiv) Procedures to maintain, at least for 5 (five) years, each Work Order with all attached supplementary
forms and part certifications.
(xv) Procedures to certify Annual Maintenance Inspection (IAM) or Airworthiness Conformity Report (RCA) in
form and manner established by ANAC, when an AMO is authorized to perform IAM or RCA.
2.2. To continue to be approved in accordance with Brazilian Regulations RBHA 43 and 145, pursuant to the terms of
this Appendix, the AMO shall comply with the following. The Aviation Authority shall verify that the AMO:
(a) Allow ANAC, or the Aviation Authority on behalf of the ANAC, to inspect it for continued compliance with
the requirements of EASA Part 145 and these Special Conditions (i.e., RBHA 43 and 145)
(b) Investigations and enforcement by the ANAC may be undertaken in accordance with ANAC rules and
directives;
(c) The AMO must cooperate with any investigation or enforcement action;
(d) The AMO must continue to comply with EASA Part 145 and these Special Conditions;
(e) When regulatory compliance is maintained, this permits the ANAC to renew the AMO’s certification every 24
months.

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