US embassy cable - 03ROME5749

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. 
SEMBLER 
 
 
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 2003ROME05749 - Classification: UNCLASSIFIED