Common use of Continued confidence Clause in Contracts

Continued confidence. The FAA and the FOCA shall continue to demonstrate effective oversight according to agreed procedures defined in the MaG-Switzerland. (a) In particular, the FAA and the FOCA shall: (1) Have the right to participate in each other’s quality audits, standardization and sampling inspections, and establish an annual schedule of sampling inspections including potential changes as necessary to adapt to circumstances; (2) Submit to inspections as detailed in paragraph 5.1 (a) (1); (3) Ensure that regulated entities provide access to the FAA, the FOCA, and the FOCA’s Technical Agent for audits and inspections; (4) Make available the reports from quality audits and standardization and sampling inspections applicable to these Implementation Procedures; (5) Make the appropriate personnel available to participate in the sampling inspection; (6) Make available the maintenance organization’s records and inspection reports, including completed enforcement actions; (7) Provide interpretive assistance at their office during the review of internal maintenance organization records and documentation that are recorded in the national language; (8) Assist each other in closure of any findings from the inspection; and (9) Ensure that any sampling inspections are identified and based on risk analysis and objective criteria, without prejudice to the discretionary power of the authorities. (b) The FAA and the FOCA shall notify each other at the earliest opportunity in the event that either authority is not able to meet a requirement in this paragraph. If either FAA or FOCA believes that technical competency is no longer adequate, the authorities shall consult and propose an action plan, including any necessary rectification activities, in order to address deficiencies. (c) In the event that the FAA and the FOCA do not rectify deficiencies within the timeframe specified in the action plan, either authority may address the matter during their periodic meetings, as specified in paragraph 4.0 of these Implementation Procedures. (d) When the FAA or the FOCA intends to suspend acceptance of findings or approvals, they shall promptly notify the other authority and FOCA’s Technical Agent, if applicable. (e) In cases where U.S.-based repair stations performing work on civil aeronautical products under the regulatory control of the FOCA are concerned, the FOCA will rely on the activities performed by the FOCA’s Technical Agent on the basis of Annex 2 of the U.S.-EU Agreement with regard to the abovementioned tasks.